Terms & Conditions
Welcome to The Fasting Method Community!
Intensive Dietary Management Inc.’s (“Intensive Dietary Management”, “The Fasting Method”, “We”, “Us”, or “Our”, as applicable) current mission is to provide visitors and users, such as yourself (“You”), with education regarding intermittent fasting and low carbohydrate diets. To achieve Our mission, We provide You with knowledge, tools, and inspiration that We believe will benefit You.
Below are the terms and conditions (the “Terms”) that apply anytime You use or access The Fasting Method’s website (thefastingmethod.com) (the “Website”) or mobile application (the “App”), and any Intensive Dietary Management services, resources, blog posts, educational material, content, App, or the free community Facebook group (located at www.facebook.com/groups/obesitycodenetwork/) (together, with the Website, the “Services”). Before agreeing to participate, it is important that You read and understand the Terms.
You are voluntarily choosing to participate in The Fasting Method Membership Community.
The Services We provide at Intensive Dietary Management (or IDM.health or The Fasting Method or thefastingmethod.com) are for informational purposes only and do not replace or constitute a substitute for professional or medical advice, consultation, evaluation, diagnosis, or treatment with a qualified medical professional (“Medical Advice”). Nothing contained in Our Website or the Services shall be interpreted as a substitute for Medical Advice; We are not a medical organization and Our staff cannot give You Medical Advice or diagnosis. Intensive Dietary Management does not endorse any specific tests, physicians, products, procedures, diets, lifestyle changes, opinions, or other information that may be referred to by the Services.
You should inform and consult with Your physician or healthcare provider before making any changes to Your lifestyle or beginning any programs, including Our program(s), and obtain periodic medical checkups with Your physician. Medical monitoring is especially important for people with a known medical condition. This Website and the Services are intended for use only by adults over the age of majority in their province or territory of residence. You acknowledge that Your use of the Services is solely at Your own risk. For questions or concerns about Your health or any medical conditions You may have, please contact Your physician or healthcare provider.
The Fasting Method’s Management Membership site is facilitated by Intensive Dietary Management staff. You acknowledge and agree that the Intensive Dietary Management staff cannot provide Medical Advice, interpret medical results, or issue or change prescriptions, and that the staff are not physicians, nurses, pharmacists, dieticians, nutritionists, or any other regulated health professionals (collectively, “HCPs”). You shall not treat any interaction with the Intensive Dietary Management staff as an interaction with an HCP or any information obtained through Intensive Dietary Management staff or the Services as Medical Advice. You are fully and solely responsible for any changes that You make to Your lifestyle.
The Services, including any User Content (as defined below) and testimonials found within the Services, are provided “as-is”, “where-is”, “with all faults” and “as available”, in each case, without any representations, warranties, conditions, or guarantees of any kind. We, on behalf of Ourselves and any affiliates and Intensive Dietary Management staff hereby disclaim all representations, warranties, conditions, and guarantees with respect to the Services (including any User Content and testimonials), whether express, implied, statutory, or arising from course of dealing or usage of trade, including with respect to merchantability, merchantable quality, quality or fitness for a particular purpose, non-infringement, availability, accuracy, completeness, usefulness, or reliability. We provide no warranty that the Services will meet Your requirements or that their operation, provision, or availability will be uninterrupted or free of errors, viruses/malware, or other harmful conditions or components. We provide no warranty that any defect in the Services will be corrected. You acknowledge that by agreeing to the Terms and using the Services, You have not relied on any representations, warranties, conditions, or guarantees made by Us.
Limitation of Liability
Under no circumstances will We, any affiliated companies, or any Intensive Dietary Management staff, directors, officers, agents, licensors, vendors, suppliers, distributors, or providers be liable to You or any third parties for any direct or indirect losses or damages arising out of or in connection with any use of or inability to use the Services, including a third party’s or Your reliance on the Services. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (including but not limited to, direct, indirect, incidental, consequential, special, punitive, and exemplary damages, loss of revenue, loss of income, loss of profit, loss of data, bodily harm, and loss of opportunity), whether in contract, strict liability, extra contractual fault, negligence, or other tortious action, even if We have been advised of, or should have known of, or have express knowledge of the possibility of such damages. If You are dissatisfied with the Services, or with these Terms, Your sole and exclusive remedy is to discontinue using the Services immediately. You acknowledge by Your use of the Services that Your use of the Services is at Your sole risk. We have no responsibility and will in no way be held responsible for the health, bodily integrity, medical wellbeing, or healthcare of You or any third party. Applicable Law (as defined below) may not allow the limitation of liability set forth above, so this limitation of liability may not apply to You. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Intensive Dietary Management, any affiliated companies, or any of Our employees, staff, directors, officers, agents, vendors, licensors, suppliers, distributors, or providers under such circumstances for liabilities that would have been limited will not exceed $50 CAD.
While using the Services, You may have the opportunity to upload or post materials or comments (“Your Content”), and to view the posts and comments of other users (“User Content”).
You shall not include anything in Your Content that: (a) is obscene, defamatory, or scandalous; (b) infringes, violates, or misappropriates any intellectual property rights of any third party; (c) constitutes spam or advertising; (d) is intended to impact or degrade the performance of the Services or the performance of other users’ devices; (e) impersonates Intensive Dietary Management or any of Our employees; or (f) violates any Applicable Laws or regulations. You acknowledge and agree that We may moderate, review, edit, modify, alter, remove, delete, or block any of Your Content in Our sole discretion and without any further obligation to You.
We, Our customers, Our affiliates, Our employees, and Our representatives may collect, use, store, and disclose all or part of Your Content in any manner, for any purpose, and at any time (including after any termination of these Terms and/or after You discontinue Your use of the Services), and You hereby consent to any such collection, use, storage, and disclosure. By submitting Your Content to the Services, You represent and warrant that You have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. You hereby grant to Us and Our affiliates, employees, and representatives an unlimited, worldwide, royalty-free, perpetual, irrevocable, transferrable, assignable, and unrestricted license to collect, use, store, perform publicly, translate, modify, create derivative works from, publish, and disclose any and all of Your Content in any manner, for any purpose, and at any time (including after any termination of these Terms and/or after You discontinue Your use of the Services). You irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
You acknowledge and agree that We are under no obligation to moderate, review, edit, modify, alter, remove, delete, or block any User Content and that We have no responsibility or liability arising from any User Content, including for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, hate speech, danger, illegality, or inaccuracy in the User Content.
Links to Third-Party Sites
You will not sue Intensive Dietary Management, its parent and affiliated companies, and their respective officers, directors, employees, agents, vendors, suppliers, licensors, distributors, or providers, and hereby waive any and all claims against such parties relating to any loss, damage, or liability whatsoever arising out of or related to Your use of the Services, acts or omissions in response to Your use of the Services, and acts or omissions of other users related to the Services. You will defend, indemnify, and hold harmless Intensive Dietary Management, its parent and affiliated companies, and their respective officers, directors, employees, agents, vendors, suppliers, licensors, distributors, and providers from and against any claims, actions, or demands, including, without limitation, legal and accounting fees, alleging or resulting from Your breach of the Terms, use or misuse of the Services, Your violation of any laws, regulations or third party rights, Your negligent act or omission, Your willful misconduct, or Your reliance on the Services as Medical Advice or any other form of lifestyle or health advice.
License and Ownership
Provided You comply with the Terms, We hereby grant to You a revocable, limited, non-transferrable, non-assignable, non-exclusive, personal license to use the Services in accordance with the Terms, and any other terms, conditions, instructions, or guidelines made available through or in connection with the Services.
The Services are exclusively Our property and are protected by copyright, trade-mark and other intellectual property laws. Any rights not expressly granted by Us to You are reserved by Us, and We disclaim any implied rights and licenses.
You will not copy, reproduce, publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, or create derivative works from the Services and/or any User Content, or any part thereof. You will not assign, sublicense, convey or otherwise transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder with respect to the Services and/or any User Content. You will not copy, reverse engineer, translate, adapt, scrape, store, collect, or modify the Services and/or User Content, or any part thereof. You will not distribute, post, publish, market, co-brand, or private label the Services and/or User Content, or any part thereof. You will not use the Services and/or User Content, or any part thereof: (a) for the benefit of any other person or entity, (b) to create any new content, software, components, designs or tools, including for the purpose of competing with, replacing, or emulating the Services or User Content; (c) use the Services or User Content for any commercial purpose whatsoever; or (d) in competition with Us in any way. You will not cause, assist or permit any third party to do any of the foregoing.
If You fail to comply with these Terms, then: (a) You are required to immediately stop using the Services; and (b) the Terms will terminate immediately and without notice to You. In Our sole discretion, We may terminate or restrict Your use of the Services at any time and without notice. We will not be liable to You or any third party for any termination of the Terms or any termination or restriction of Your right to use the Services. In the event that the Terms are terminated for any reason: (i) You are required to immediately stop using the Services; (ii) the license to use the Services as set out herein will terminate contemporaneously; and (iii) with the exception of the license to use the Services, all other terms and conditions in the Terms will survive such termination.
You acknowledge that any violation of these Terms will cause irreparable damage or injury to Us, the exact amount of which may be impossible to ascertain, and that, for such reason, in addition to any other remedies available to Us, We are entitled to proceed immediately to court in order to obtain, and You will consent to, interim, interlocutory, and final injunctive relief restraining You from breaching, and requiring You to comply with, Your obligations pursuant to these Terms, without a requirement that a finding of irreparable harm or other criteria for the awarding of injunctive relief be made. You acknowledge the importance to Us of Your strict compliance with the terms and conditions of these Terms and acknowledge that Our interest in the strict enforcement of these Terms will outweigh the balance of convenience or harm that You may suffer as a result of the strict enforcement of these Terms. Nothing in this Section will be construed to limit the right of Intensive Dietary Management to obtain injunctive relief in any other circumstance in which We may be otherwise entitled to such relief.
Compliance with Laws
You will comply with all applicable laws and regulations of Canada and other countries (“Applicable Laws”) to ensure that the Services are not used for or in connection with any purpose prohibited by Applicable Laws.
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You attorn to the jurisdiction of the courts of the Province of Ontario with respect to any proceedings arising from these Terms.
These Terms (including the terms herein, the and any terms incorporated herein by reference) constitutes the entire agreement between You and Intensive Dietary Management with respect to the Services. Except as expressly provided herein, these Terms supersede and cancel all previous or contemporaneous written and oral agreements, communications, proposals, and representations relating to the subject matter contained herein.
Change of Terms
We may amend these Terms at any time, in Our sole discretion. Your continued use of the Services following any such amendment constitutes Your acceptance of such amendment. You acknowledge that it is Your responsibility to periodically review these Terms and any applicable changes and You hereby waive any entitlement to notice of changes to the terms and conditions contained herein. If You do not agree with any such amendment, then: (a) You are required to immediately stop using the Services; and (b) these Terms will terminate immediately and without notice to You.
No failure or delay of Intensive Dietary Management in exercising any right, power or remedy under these Terms will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise of any right, power or remedy under these Terms. If any provision of these Terms is held by a court to be void, invalid, unenforceable or illegal, this will in no way affect the application of such provision in any other circumstance, or the validity or enforceability of these Terms or any other provision herein. Section headings used in these Terms are intended for convenience only and will not affect the interpretation or construction of these Terms. These Terms will enure to the benefit of, and be binding on, both You and Intensive Dietary Management and any successors and permitted assigns. You shall not assign Your rights or obligations under these Terms without Our prior written consent.
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THE FASTING METHOD PARTICIPATION TERMS & CONDITIONS FOR CHECKOUT ACKNOWLEDGEMENT & AGREEMENT
Welcome to The Fasting Method (“TFM”) by Intensive Dietary Management (“IDM”)! Before you participate in the TFM, it is important that you read, understand and agree to the following that describes the purposes, risks and benefits of the Program.
Introduction and Purpose:
This Program uses an intensive form of dietary therapy called fasting (which involves abstaining from food for a certain prescribed period of time). The hope is that this can be an effective form of dietary therapy and improve health conditions for some individuals.
Your participation is entirely voluntary and at your own choice. You can choose to not participate at any time.
This Program may not be suitable for everyone. By participating, you agree that:
- You have consulted with and obtained consent from your physician to participate in the Program, and your physician has determined that it is medically safe for you to do so; and
- You will continue to meet and consult with your physician regularly throughout your participation in the Program, including in relation to: obtaining regular medical exams (with blood and urine tests as necessary to avoid low or high blood sugar), and regular advice relating to any medication, treatment, or physical exercise needs; and
- You are not pregnant, suspect that you are or might become pregnant or are currently breastfeeding.
You also acknowledge and agree that TFM is not a medically supervised Program, and that you and your physician are in all instances responsible for your own medical care, direction and advice. In particular:
- The Program is facilitated by IDM staff (including independent contractors and agents acting on IDM’s behalf). These staff members are not medical doctors, nurses, pharmacists or regulated health professionals. They cannot give medical advice, diagnose, treat or evaluate medical conditions, interpret medical results, or issue or change prescriptions. They may give you dietary information.
- Nothing obtained through our website (thefastingmethod.com), IDM staff or representatives shall be interpreted as a substitute for medical advice. IDM does not endorse any specific tests, products, or procedures.
- You are aware that your participation in the Program does not replace the need for regular medical exams or consultations. Medical monitoring is especially important for people with a known or pre-existing medical condition. During and after completion of the Program, you agree to continue medical care with your regular physician.
- In the event that you have any issues or question about the Program and its impact on your health, you agree to consult with your physician immediately before proceeding.
- Especially if you have any pre-existing medical conditions, electrolytes, blood counts and urinary tests should be monitored to ensure your safe use of the Program by your physician.
Risks of Participating in the Program:
Like other forms of dietary therapy, there are risks of participating in the Program. These include, but are not limited to:
- Low Blood Sugar (Hypoglycemia) – For certain individuals, during the intensive period of the dietary therapy, your need for medications and/or insulin may be reduced. You will need to be closely monitored by your physician for the occurrence of low or high blood sugar levels. If you develop low blood sugar, you should immediately take steps to correct the situation even if it means breaking the fasting period. In all respects, you must seek the medical advice of your physician. Program can only provide you with dietary information.
- Low Blood Pressure (Hypotension) – During the intensive period of the dietary therapy, it is possible that your blood pressure may be reduced and especially if you are taking blood pressure medications, you may feel dizzy or faint. You need to be closely monitored for this occurrence by your physician. If you develop any of these symptoms, you should report them to your doctor immediately.
- Inter-current Illness – If you become sick for any reason, it is expected that you will immediately stop the dietary protocol and seek medical advice from your physician. Feelings of persistent nausea, vomiting, feelings of unwellness, fatigue, palpitations, hypoglycemia, feeding syndrome are NOT NORMAL and not part of the Program.
- Other common side effects include but are not limited to – increased hunger and/or thirst, bad breath, rash, constipation and/or diarrhea, flu-like symptoms (headaches, dizziness, muscle cramps, mental fog lethargy), insomnia and/or restlessness.
- Potential aggravation of pre-existing conditions or possible side effects that can be induced by fasting – acid reflux, gout and kidney stones.
There may also be other serious risks to participating, depending on your personal health status, condition or medical needs. Please consult with your physician before and during any participation in the Program.
If you are currently being seen by more than one of our Coaches, or have previously seen one Coach and have signed up with a new one, you grant us the right for the notes to be shared between the Coaches.
Waiver, Release and Indemnification:
I hereby waive, release and forever discharge the officers, directors, members, representatives, successors and assigns of The Fasting Method and Intensive Dietary Management Inc. (collectively, “Releasees”), from any and all actions, causes of action, damages, lawsuits, claims, demands, costs and expenses and any other liability for injuries, damages or any kind whatsoever, whether in law or in equity (collectively, “Claims”) resulting directly or indirectly from my participation in the Program. I further agree to hold harmless and indemnify the Releasees from any and all Claims which hereinafter may be brought or made against the Releasees for any damage or personal injury, including illness or death, to any third party or myself, resulting directly or indirectly from my participation in the Program offered by or associated with the Releasees. I understand and agree that the Releasees shall assume no responsibility or liability for me for accident, illness or damage resulting from my participation in the Program.
The Fasting Method Membership Community
Payments, Subscriptions and Automatic Renewals
The Fasting Method Membership Community (“Membership Community”) is a subscription-based service with monthly or annual memberships that will automatically renew until You cancel Your membership. Your membership can be cancelled at anytime by logging into Your account. If You require support, please contact us at email@example.com. All memberships will remain active until the end of a member’s current billing cycle. If Your subscription started with a free trial, Your chosen method of payment will be automatically billed once Your trial period has ended.
If for any reason Your payment method is not processed successfully, We reserve the right to suspend Your access to the Membership Community until Your subscription is brought into good standing.
For members that signed up through idmprogram.com or thefasthingmethod.com, Your monthly or annual membership payments are processed through PayPal or Stripe (“Payment Processors”). All payment information is stored in accordance with Payment Card Industry (“PCI”) guidelines with Our Payment Processors. You hereby authorize Us to continue to charge the method of payment You have provided to one of Our Payment Processors until You have cancelled Your subscription.
For members who have signed up through the Apple App Store or Google Play Store, Your payments are processed through the App store You have signed up with. Please visit their App Stores for a copy of their Terms and Conditions.
Refund and Cancellation Policy:
All Membership Community subscriptions are non-refundable. Once Your subscription is cancelled You will retain access to Your account until the end of Your current billing cycle. No partial refunds will be issued. If You subscribed to the Membership Community through an App Store, please contact the App Store for any refund requests. All memberships must be cancelled at least a day before Your next billing cycle begins.
For new subscribers We routinely offer free trials. Each user is only authorized for one free trial with the exception of current or past subscribers who have purchased a coaching package through Our Personalized Coaching Program who have received a subsequent free trial with the purchase of a coaching package. If We discover a client has abused or circumvented Our free trial offer, We reserve the right to immediately process their payment for the type of subscription they have chosen.
If You are an existing subscriber and You purchased a coaching package that is eligible for a free trial, You must cancel Your current subscription and signup again using the link or promotional code provided to You for the free trial. No refunds will be issued if You failed to cancel Your subscription and signup again using the promotional code or link.
Occasionally We might adjust the pricing of Our subscriptions. For any price increases We will provide You with a minimum of 60 days notice. If You do not cancel Your subscription within these 60 days, We would have deemed You in acceptance and agreeance with the new subscription fee.
If You subscribed to the Membership Community through a promotional offer, the offer is valid for one use only and for the time specified in the offer. After Your promotional period has ended, Your membership will be renewed at the current subscription fee.
Personalized Coaching Packages, Behavioural Coaching Packages, Retreats and The Fasting Method Ambassadors Network
All payments and payment information are processed through one of Our Payment Processors in compliance with PCI guidelines.
Refund and Cancellation Policy:
All Personalized and Behavioral Coaching Packages, Retreat and Fasting Method Ambassadors Network packages are non-refundable and non-transferable. Personalized Coaching Packages are valid for 365 days, Behavioural Pilot Coaching Packages are valid until July 31, 2020 and Behavioural Coaching Packages are valid for 180 days. Retreat packages are valid only for the retreat for which they have been purchased. The Fasting Method Ambassadors Network tickets are only valid for the event for which they have been purchased.
Under extreme circumstances We maybe forced to cancel a Retreat or a Fasting Method Ambassadors Network event. In these extreme circumstances’ We will work with You to provide refunds or credits for a future retreat or event.
We reserve the right to alter the price or available packages at anytime for the Personalized Coaching Program. If You have had a consultation with an TFM Coach and were offered a package, the price for the package offered is valid for 90 days after Your consultation. To request an old price or inquire about the availability of an old package please reach out to Your coach or to firstname.lastname@example.org.
We reserve the right to alter the prices or available packages at anytime for the Bahavioural Coaching Program.
Personalized and Behavioural Coaching Session Cancellation and Missed Appointments
All appointments cancelled with less than 24 hours’ notice or any missed appointments may result in the forfeiture of the appointment.
All Personalized or Behavioural coaching packages are valid only for the coach for which they have been purchased. However, We retain the right to transfer a client at our sole discretion under extreme or unusual circumstances to another coach.