Terms

Terms of Purchase

Welcome to the Empowered Eating System (EES)! EES is owned by Healthy Eating Guy These Terms of Purchase are a contract between you and us and govern your purchase of the services, content and materials made available through the Program as accessed via our website. These Terms do not alter in any way the terms or conditions of any other agreement you may have regarding our products, services or otherwise.

 

  1. USE.

By purchasing the Program, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing.

  1. ELIGIBILITY.

By purchasing the Program, you represent and warrant that you are eighteen (18) years of age or older, have the legal capacity to enter into these Terms and have not been suspended or removed from the Site.

  1. TERMS OF PURCHASE.

The Program includes the following over an eight (8) week period:

  • An online program;
  • One (1) hour of coaching call per week for eight (8) weeks;
  • Facebook engagement; and
  • E-mail support.

Your payment for access to the Program is subject to the following terms:

Price; Payment Plans: The price for the Program is $4,000. You may pay for the Program in full at the time of your purchase or you may make two (2) payments as follows: $2000 upon signing these Terms and $2000 due upon the thirty (30) day anniversary of these Terms.

 

Installment Payment Plans: If you select an installment payment plan, you grant us permission to automatically charge the applicable service fees to your designated payment method at the beginning of each applicable payment period until all payments have been completed. If you select an installment payment plan, you agree to keep your designated payment method information current, complete and accurate.

 

Valid Payment Methods: We accept credit card payments. By submitting your order to purchase the Program, you represent and warrant that you are authorized to use your designated payment method and authorize us, or our designated payment processors, to charge your purchase to that method. If your payment method cannot be verified or is invalid, your order may be suspended or cancelled automatically.

 

  1. THIRD PARTY REFERRALS.

We love sharing our recommendations with you! We may provide links or references to other resources, products, or services but we are not responsible for and do not endorse such resources, products, or services. Please independently evaluate whether these resources are good for you - your use of these referrals is at your own risk because we don’t control the products or services of any third party.

 

  1. INTELLECTUAL PROPERTY RIGHTS.

The Program and its entire contents, including video, visual interfaces, graphics, design, compilation, information, worksheets, products, software, services, and all other elements of EES provided by us are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Materials are the copyrighted property of Company.  

To the extent that you make any changes, suggestions, enhancements or improvements (each a “Change”) to any of the Materials and own the copyright or other intellectual property rights to those Changes, you hereby assign to us, for no additional consideration, all of your rights, including copyrights, in all Changes to the Materials. You will promptly sign and deliver any documents and take any actions that we reasonably request to establish and perfect the rights assigned to us under this provision.

All trademarks, service marks, and trade names are proprietary to us and you agree not to use them without our written consent. If you create anything using our trademark, you agree that we exclusively own all right, title and interest in and to such materials, including without limitation any modifications or derivative work based off of the use of our trademark. You further agree to assign any interest or right you may have in such trademark to us, and to provide information and execute any documents to formalize such assignment.

These Terms permit you to use the Materials for your personal use only. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

  1. DISCLAIMER

We are committed to helping you achieve your goals, but you are solely responsible for your progress and results from the Program. We have made every effort to accurately represent the Program, but ultimately, your participation and commitment to the program are up to you completely. We make no representations or guarantees regarding performance other than those specifically written in these Terms. We are not responsible for any decisions you make as a result of the Program, or for any consequences of those decisions. 

  1. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS AND (B) IN NO WAY SHALL OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS EXCEED ANY COMPENSATION YOU PAY TO US FOR OUR SERVICES.   

  1. INDEMNIFICATION

You will defend, indemnify and hold harmless Company, its independent contractors, service providers and consultants, and their respective directors, officers, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your purchase of the Program, any content you provide us or your violation of these Terms.

  1. TERMINATION.

If you violate any of these Terms or otherwise violate an agreement between you and us, we may prohibit you from using our product or accessing the Site, in our sole discretion.

  1. GOVERNING LAW AND DISPUTE RESOLUTION.

You agree that these Terms and any dispute under these Terms is governed by the laws of Texas, U.S.A., without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in Dallas, Texas, U.S.A. You waive any jurisdictional, venue, or inconvenient forum objections.

11. MISCELLANEOUS.

These Terms constitute the entire agreement between us relating to your access to and use of the Site. These Terms may not be transferred or assigned by you without our prior written consent. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance. These Terms are for the benefit of the parties and do not confer third party beneficiary rights upon any other person or entity.

If you have any questions, comments, or concerns about these Terms, please contact us at:

Healthy Eating Guy

7435 Fenton Dr.

Dallas, TX 75231

Email: kevin@kevinburciaga.com

 

Please review these Terms of Purchase carefully and let us know if you have any questions. Otherwise, sign and return this Terms of Purchase so that we can get started. We look forward to working with you! 

By signing below, you agree to and accept the terms of this Terms of Purchase:

[_________]

 

________________________________

[Client Name], [Title]

 

Date: [_________]

 

 

 

 

Credit Card Payment Authorization Form

 

 

Please complete the information below:

 

I, __________, authorize Company to charge my credit card account indicated below for $_______, and I will authorize the additional $_____ payments on _________.  This payment is for the Program. 

 

                                                

Billing Address:                                                                       Phone:

City, State, Zip:                                                                         Email:             

     

Account Type:


Cardholder Name:     

Account Number :

Expiration Date:

CVV (3 digit number on back of Visa/MC, 4 digits on front of AMEX):

 

                                                                                    DATE:

 

I authorize the above named business to charge the credit card indicated in this authorization form according to the terms outlined above. This payment authorization is for the goods/services described above, for the amount indicated above only, and is valid for one time use only. I certify that I am an authorized user of this credit card and that I will not dispute the payment with my credit card company; so long as the transaction corresponds to the terms indicated in this form.

 

 

 

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