TERMS OF USE, CONDITIONS, & AUDIO/VISUAL RELEASE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.
Use of this website:
While Katherine McIntosh, No Judgment Diet, and Knowing That You Know LLC (referred to as The Company moving forward) encourages people to create a different possibility in the world with body, diets, health, & well being, ultimately you are the person responsible for what you create. Any tools that you implement from this website or any classes are your choice.
What does that mean? Using this site you accept full responsibility for what the future brings and give up any recourse against Katherine McIntosh, No Judgment Diet, and Knowing That You Know LLC and any contributors, both legal and otherwise, for all time.
Audio and Visual Release:
By attending a class, online, audio, video, phone, in person, or some other means, I agree that the class may be recorded and/or filmed. This may mean any or all of the following:
The Company, can do what they like with any recording of any type, regardless of how they record it, or indeed play it in the future.
I understand that I will never receive any payment for this, ever.
I give up any legal right to prevent any of this from occurring, or controlling what it looks like.
The Company will use this for legitimate purposes only, in a manner that is honoring of those involved.
If I decide to choose not to comply, then I must inform the staff BEFORE the in person event, so we can make sure we do not give you a microphone during the class. Although we strongly suggest that you are recorded as the contribution to the class you and everyone else has is enormous, you will be amazed how the questions you ask contribute to others, and we have found that keeping secrets of any kind never creates anything more.
Refund/Return Policy
We understand that some people will not be interested in what we have to offer, and respect that. We have made a huge library of resources available to check out if this feels right for you, so before you purchase please check those out, as any requests for refunds are subject to the below:
Any refunds may be subject to an 8% fee. Which is non-refundable.
For a Telecall a refund must be requested within 24hrs of the end of the first call.
For instant download products there will be no refund.
Walk Outs: If you attend a live a class and request a refund, the request must be made before or during lunch break on the first day; and all materials returned. Then you may go. This may result in being denied access to future classes with Katherine McIntosh and No Judgment Diet.
Delivery Policy
This is a service-based business with products & services that include but are not limited to: photos, texts, videos, recordings, apps, live streaming, social media related work, audio and video clipping, programming, web development, processing of images or sound recordings, media work or any other materials or products containing intellectual property rights (hereafter “Products and Services”) from a service provider or seller (hereafter “Seller”). Products and Services are delivered online or via a cloud service. All items purchased from the site are being legally delivered upon physical arrival of the Services or upon making the Products and Services available for download on a cloud service (the “Delivery”). This means that the risk of loss and title for such items pass to Katherine McIntosh, No Judgment Diet, and Knowing That You Know LLC upon delivery.
Cancellation Policy
You can cancel monthly memberships at anytime before your next billing cycle with no questions asked. Cancellations must occur before the monthly billing cycle. If you cancel a membership that is a yearly subscription, you can cancel at anytime but will lose acccess to any of the materials if you do not complete the full subscription as yearly subscriptions have a yearly membership and if you cancel the membership prior to the completion of the subscription, you will lose rights to the downloadable materials and you will lose access to the program.
Orders
Since this is a service based business, all orders are fulfilled via either a audio or video link to join the class or service live. Once the class is complete, there will be a link via a cloud based service where the participant can have full access to the recording and download the class on their own device within 90 days of delivery. Products purchased after the fact are delivered via a cloud based service and participant is given 90 days to download the recorrdings on their own device. After 90 days the link is null and void and there is a $20 service fee for any recordings needing to be delivered after 90 days.
Terms
Your access to and use of this website, as well as all related websites operated by Katherine McIntosh & Knowing That You Know LLC (which includes katherinemcintosh.com, among others) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:
1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Katherine McIntosh, Knowing That You Know LLC , & No Judgment Diet (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.
3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark “NJD”, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at [email protected]. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. When you register with the Knowing That You Know LLC and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy, https://www.katherinemcintosh.com/pages/privacy-policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
9. Neither the Company nor any other party involved in creating, producing, or maintaining the site and/or any content on the site shall be liable under any circumstances for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the site. Without limiting the foregoing, all content on the site is provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. The company does not warrant or make any representations regarding the use of the materials in the site, the results of the use o such materials, the suitability of such materials for any user's needs or the likelihood that their use will meet any user's expectations, or their correctness, accuracy, reliability, or correction. The company likewise does not warrant or make any representations or guarantees that you will earn any money or achieve the results that others have achieved using the site or the company's services. You accept all responsibility for evaluating your own potential as well as executing your own business, services, and results. The time and energy you devote to any of the courses, classes, or programs, ideas, and techniques offered and utilized, as well as your finances, your knowledge, and your skill. Since these factors differ among all individuals, the company does not warrant or make any representations or guarantees regarding your success. The company does not warrant that use of the materials will be uninterrupted or error-free, that defects will be corrected, or that the site, the content, and/or the materials available on this site are free from bugs or viruses or other harmful components. You assume all responsibility for the cost of all necessary repairs or corrections. The company shall not be responsible for any performance or service problems caused by any third-party website or third-party service provider. Any such problem shall be governed solely by the agreement between you and that provider. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
10. The Company reserves the right to refuse access to the site and/or the company's content, products, and/or services to anyone in its sole discretion. The Company reserves the right to determine in its sole discretion, whether the company is responsible for any such malfunction or disruption.
11. In no event shall the company be liable for any special, incidental, indirect, punitive, reliance or consequential damages, whether foreseeable or not, including, but not limited to, damage, or loss of property, equipment, information, or data, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in the site, the content, and/or related materials, the inability to use services provided hereunder or any other cause whatsoever with respect thereto, regardless of theory of liability. this limitation will apply even if the company has been advised or is aware of the possibility of such damages.
12. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
13. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
14. This agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Pitkan County, Colorado. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
15. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.
Last Updated: June 10, 2020
