TrimTalk® Service
Agreement
TERMS & CONDITIONS
SERVICE AGREEMENT
General: Ram Nutrition and Weight Loss, Inc., ("Ram", "us", "our", "we", "Company")
maintains this Internet site together with other Internet sites
("Sites") as a service to the Internet community. The
content (images and text) ("Content") is the property
of Ram (or third-parties) and protected by United States and international
intellectual property laws. As a user of the Sites, you may download
Content solely for your personal, non-commercial use. You may not
use the Content in any matter inconsistent with this Service Agreement
("Agreement") or applicable law, nor may you copy, modify
or alter the Content.
Content: The Content and other information presented on the Sites
are intended solely for educational purposes only. You should not
use the Content as a substitute for medical counseling or advice.
Nothing stated or presented on the Sites is intended to be a substitute
for professional medical advice, diagnosis, or treatment. Before
you begin this or any other diet program seek the advice of your
physician or other qualified health care provider if you have any
questions regarding a medical condition, your diet, nutritional
supplements, an exercise regimen, etc. Do not start a diet or fitness
program with us if your physician or health care provider advises
against it. We reserve the right to refuse or cancel your membership
due to certain medical conditions. We also reserve the right to
cancel your membership should you violate the terms and conditions
of this Agreement and any other posted policy on the Sites. Memberships
are non-transferable.
We will use reasonable efforts to include accurate and up-to-date
Content and information on the Sites. From time-to-time we will
include content and/or information provided by third parties. By
clicking on certain links within the Sites, you may leave the Ram
Sites for another Web site ("Third Party Site") which
Ram neither owns nor controls. In no event shall Ram be liable
to you for your use of a Third Party Site.
Information We Collect: At certain points in using the Sites, you
will be asked to provide information to us. We collect two types
of information from you, personally identifiable and non-personally
identifiable. The personally identifiable information that we collect
includes but is not limited to, your first and last names, your
street address (including the city, state and zip code), your telephone
number and your credit card number. Non-personally identifiable
information we collect includes, but is not limited to, your email
address, your weight, your height, and your eating and fitness
preferences. We do not sell personally identifiable information.
However, from time-to-time we may lease such information (excluding
credit card information) to third parties who provide goods or
services that may be of interest to you based upon your use of
the Sites. Should you not want for us to lease your personally
identifiable information, send us an email to help@trimtalk.com
and state in the body of your email that you do not want for us
to share your personally identifiable information. We will not
disclose your personally identifiable information in a manner inconsistent
with this Agreement or any other posted policy on the Sites unless
authorized by you to do so, or as required by law, or to protect
our interests.
Any non-personally identifiable information, communications or
material you send to us by any method is deemed by us to be non-confidential
and you expressly grant a license to us to use, reproduce, and
create derivative works from such information, communications or
material. We reserve the right to use comments, testimonials and
other statements made by you on our Sites including, but not limited
to those you may post on our bulletin boards or in our chat rooms,
in our marketing and promotional materials. Any information, communication
or material you send to us must be truthful, legal, and not violate
any third party intellectual property or other rights. We reserve
the right to change this Agreement and any other posted policy
on the Sites or to withdraw, change or add products or services
contained within our Sites at any time.
Your Obligations: You agree to: (a) maintain all equipment necessary
for your access to and use of the Sites; (b) maintain the security
of your user identification, password and other confidential information
relating to your Trimtalk account; (c) be responsible for all charges
resulting from use of your Trimtalk account, including unauthorized
use prior to your notifying us of such unauthorized use and taking
the legal steps to prevent its further occurrence by contacting
us to change your password; and (d) updating your personal information,
including email address.
Membership: We at Trimtalk want to make your experience as simple
and fulfilling as possible. To accomplish our goal, we have several
payment options to meet your needs. You may telephone us at 877-875-8746.
This initial coaching session is free. At the time of this initial
session, you will be presented with several payment options for
further coaching and support..
Regardless of the program duration you choose, you will then receive
an email from us confirming your next telephone coaching session,
which will include your coach’s name, the dial in telephone
number, and your coach’s telephone extension. You will also
receive a receipt and a written copy of this service agreement,
which you must sign and return to us by email, fax, or postal mail.
Cancellations are not retroactive. If you cancel your membership
you will receive a prorated refund for your unused coaching time,
less a fifty (50) dollar early termination fee.
At the time of each scheduled coaching session, you will call the
toll free number provided to you by email shortly after enrollment
and enter your coach’s extension. Your telephone coaching
session will last thirty (30) minutes each week, although you may
leave a voice mail for your coach at any time. If you cannot attend
a telephone coaching session, you may postpone it provided you
notify us within forty-eight (48) hours before your scheduled telephone
coaching session. If you do not, you will not receive a refund
or any additional coaching sessions. If you are late for a telephone
coaching session, you may dial in at any time during the thirty
(30) minutes from the start time of your telephone coaching, however,
you will not receive any additional coaching time.
Cancellation: You may cancel your membership as follows:
By email: send an email to help@trimtalk.com. In the text of the
body of your email state your first and last name, user name, and
intent to cancel. We will not open your email if it contains an
attachment.
By postal mail: mail your letter to Ram Nutrition and Weight Loss,
Inc. 1713 NW Federal Highway Stuart, Florida 34994 Att: Client
Services. Include your first and last name, user name, email address,
and your intent to cancel.
By telephone: 877-875-8746
Indemnification and Limitation of Liability: You agree that neither
Ram, nor its affiliates, subsidiaries, officers, directors, employees,
agents, coaches, content providers, partners or suppliers ("Released
Parties"), shall have any liability to you under any theory
of liability or indemnity in connection with your use of the Sites.
You further agree to hereby and forever release and waive any and
all claims you may have against any Released Parties for any and
all claims, causes, damages or losses under any theory of liability
(including attorneys fees and associated costs and expenses) arising
from your use of the Sites. Notwithstanding the foregoing, our
total liability to you by any Release Party shall not exceed the
fees paid by you to us during your membership with us. In addition,
should your claim arise from a purchase made on or through our
store, our total damages shall not exceed the cost of the product
or service purchased (less shipping and handling). No representations
or warranties of any kind whether express or implied, fitness for
a particular purpose, or merchantability are made by us regarding
the Sites. We will not be liable to you for any damages, including,
direct or indirect, special, incidental, consequential or punitive
damages even if we have been advised of the possibility of such
damages. Void where prohibited by law.
Notices: Ram may deliver notice to you under this Agreement or
any other published policy on the Sites by email, a general notice
published on the Sites or by first class U. S. Mail to the street
address provided by you at the time you become a member. Ram will
never request any personally identifiable information from you
via electronic or postal mail. If you receive an email or postal
mail that purports to be from us that requests personally identifiable
information from you, and specifically, your credit card number,
please do not reply to that email and forward it to help@trimtalk.com.
You may give notice to us via email, by certified U.S. Mail postage
prepaid or by nationally recognized overnight courier to the following
address:
Ram Nutrition and Weight Loss, Inc.
1713 NW Federal Highway
Stuart, Florida 34994
DISCAIMER OF WARRANTIES: All material, information, content and
services presented by RAM on the Sites are for educational purposes
only. Information and statements regarding the efficacy of any
weight loss product offered on the Sites have not been evaluated
by the Food and Drug Administration. The material, information,
services, and products contained on the Sites are not intended
to treat, cure, or prevent any medical condition or disease. You
are advised to consult with a healthcare professional regarding
the suggestions, recommendations, and products found on the Sites
before becoming a member. The material, information, content, services,
and products contained on the Sites are provided on an "AS
IS" basis with no warranty, express or implied. NO REPRESENTATIONS
OR WARRANTIES, EXPRESS OR IMPLIED, ARE MADE OR AUTHORIZED WITH
RESPECT TO THE WEBSTIE OR PRODUCTS OFFERED THEREON AND RAM AND
ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL SUCH WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND TITLE
FOR THE THIRD PARTY SOFTWARE. THE ENTIRE RISK, ARISING FROM THE
USE OR PERFORMANCE OF THE SOFTWARE EMBODYING THIS WEBSITE, REMAINS
WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL RAM OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS
INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT
OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY'S
TOTAL LIABLITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED FIVE DOLLARS
($5.00). BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Effective Date: May 22, 2007
Copyright © 2007 Ram Nutrition and Weight Loss, Inc.
|