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These Terms of Use (this “Agreement” or “Terms”) is a legal agreement between you (“you”) and The Muscle Docs LLC (“our”, “we” or “us”), for use of the mobile application (Gut Cycle), the website (“drlindseyschmidt.com” or “site”), the Courses (“21-Day Gut Cycle”, “Period Cycle” or "Courses"), the servers used by the application, the computer files stored on such servers, and all related products, services, features and content offered by Dr. Lindsey Schmidt (collectively, the “App”). This Agreement is not concluded with Apple, Inc., any of its subsidiaries, Google, Inc., any of its subsidiaries, or any other entity as may apply.

 

1. Acceptance of terms

 

Please read this Agreement carefully. By creating an account or accessing or using the App, you acknowledge that you accept and agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE APP.


We may modify this Agreement from time to time. We reserve the right, at our sole discretion, to update, change or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use or access to the App after an updated version of the Agreement will indicate your acceptance of the Agreement as modified.

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2. General Disclaimer

 

The content available on Dr. Lindsey Schmidt’s website or app, whether in the form of courses, articles, videos, digital products, or other written content, is for general informational purposes only and may not reflect any current educational programs or information and does not address the circumstances of any particular individual. You should not construe any such information or other material as a rule and/or call to action or as any piece of advice.

 

It is not medical advice, diagnosis, or treatment, or substitute for them from a qualified healthcare provider familiar with your unique story.

 

You should not use the information, resources, or tools on our website or app to self-diagnose or self-treat any health-related conditions.

 

Always seek the advice of a physician or qualified health provider with any questions you may have regarding a medical condition or treatment.

 

Never disregard professional medical advice or delay seeking it because of something you have read on Dr. Lindsey Schmidt’s website, social media accounts, or app.

 

3. Medical Services Disclaimer

 

Dr. Lindsey Schmidt IS NOT A LICENSED MEDICAL CARE PROVIDER AND THE APP IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT OR MANAGE ANY ILLNESS OR MEDICAL CONDITION. PLEASE CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH AND SAFETY OR THAT OF YOUR FAMILY. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH THE APP. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.

 

WE DISCLAIM LIABILITY FOR ANY ERRORS OR OMISSIONS, OR FOR UNINTENDED TECHNICAL INACCURACIES, OR TYPOGRAPHICAL ERRORS IN THE PROVIDED MATERIALS, AS WELL AS VIOLATION OF ANY ETHICAL OR MORAL STANDARDS APPLICABLE IN YOUR COMMUNITY TO HEALTH EDUCATION AND RELATED MATERIALS.

 

4. Registration and eligibility

 

To use the App, you may be required to create or update an account (“Account”) and will be asked to provide certain personal information, which may include your name, gender, birth date, and e-mail address. This information will be held and used in accordance with our privacy policy, which can be found on the app and website under “Privacy Policy”. You agree that you will supply accurate and complete information and that you will update that information promptly after it changes.

 

To create an Account and access the App, you must be at least 13 years old (16 years old in EU) and not barred from using the App under applicable law.

 

If you are under 18, your parent or guardian must review and accept the terms of this Agreement, and by using the App, you confirm that your parent or guardian has so reviewed and accepted this Agreement. We reserve the right to limit the availability to users under the age of 18 of certain content in the App, in our sole discretion.

 

5. Your use of the App

 

Any content you submit through the App is governed by The Muscle Docs LLC’s Privacy Policy. To the extent there is an inconsistency between this Agreement and The Muscle Docs LLC’s Privacy Policy, these Terms shall govern. If you submit a question or response, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the public areas. The Muscle Docs LLC and its licensors are not responsible for the consequences of any communications in the public areas. In cases where you feel threatened or you believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately. As a condition of using the App, you agree not to use the App for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the App and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You agree that if you take any of the following actions, you will be materially breaching this Agreement, and you agree that you SHALL NOT:

 

а. resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the App;

 

b. modify, reverse engineer, decompile or disassemble the App;

 

c. copy, adapt, alter, modify, translate, or create derivative works of the App without the written authorization of The Muscle Docs LLC;

 

d. permit other individuals to use the App, including but not limited to shared use via a network connection, except under the terms of this Agreement;

 

e. circumvent or disable any technological features or measures in the App for protection of intellectual property rights;

 

f. use the App in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;

 

g. use or access the App to compile data in a manner that is used or usable by a competitive product or service;

 

h. use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;

 

i. use your Account to engage in any illegal conduct;

 

j. upload to transmit any communications that infringe or violate the rights of any party;

 

k. upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with this Agreement and The Muscle Docs LLC’s Privacy Policy; or

 

l. upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this website.

 

Any such forbidden use shall immediately terminate your license to use the App.

 

6. Children’s privacy and age restrictions

 

We are committed to protecting the privacy of children.

 

You should be aware that this App is not intended or designed to attract children under the age of 13. We do not collect personal data from any person we actually know is a child under the age of 13.

 

If you are a European Union resident, you shall be at least 16 years old in order to use the App. To the extent prohibited by applicable law, we do not allow the use of the App by European Union residents younger than 16 years old. 

 

You must be at least 18 years old to use some features of the App (e.g., some courses, content, or discussion topics in the community).  

 

If you are aware of anyone that does not comply with these limitations, please contact us at drlindseyhelpteam@gmail.com, and we will take steps to delete or terminate her account.

 

7. Export and economic sanctions control

 

The software that supports the App may be subject to U.S. export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You represent and warrant that you are (1) not located in any country or region that is subject to a U.S. government embargo, and (2) are not a denied party as specified in the regulations listed above.

 

You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

 

8. Limited License to the App

 

We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to access and use the App for personal and non-commercial purposes in accordance with the terms of this Agreement.

All rights, title, and interest in and to the App not expressly granted in this Agreement are reserved by The Muscle Docs LLC. If you wish to use The Muscle Docs LLC’s software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by The Muscle Docs LLC, you must obtain written permission from The Muscle Docs LLC. Permission requests may be sent to drlindseyhelpteam@gmail.com.

 

To avoid any doubt, The Muscle Docs LLC owns all the text, images, photos, audio, video, location data, and all other forms of data or communication that The Muscle Docs LLC creates and makes available in connection with the App, including but not limited to visual interfaces, interactive features, graphics, design, compilation of User Content, and the compilation of aggregate user review ratings and all other elements and components of the App, excluding User Content (as defined below). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the App and The Muscle Docs LLC’s Content are retained by us.

 

9. License to User Content

 

The App enables you to input personal notes, share your stories, post or upload content, submit content (including to public areas like the community) and log certain information into the App (“User Content”). You retain all rights to such User Content that you post, share, or log in the App.

 

By providing your User Content to the App, you (a) grant The Muscle Docs LLC a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, exploit, modify, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute your User Content in connection with providing and operating the App and related services and/or for The Muscle Docs LLC’s promotional purposes (for example, by displaying on our website, within the App, in social media, on any website or platform in the internet as we may deem appropriate), subject to the Privacy Policy; and (b) you agree to indemnify The Muscle Docs LLC and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to Gut Cycle with the terms described in this Agreement.

 

The Muscle Docs LLC reserves the right to review all User Content prior to submission to the App and to remove any media for any reason, at any time, without prior notice, at our sole discretion.

 

10. Use at your own risk

 

Our goal is to help make certain health-related information more readily available and useful to you. However, the App cannot and does not guarantee health-related improvements or outcomes. Your use of the App and any information, predictions, or suggestions provided in the App are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the App and you agree and understand that the App is not intended to match or serve the same purpose as a medical or scientific device.

 

11. Use By Minors Disclaimer

 

THE INFORMATION WITHIN THE APP DOES NOT INCITE, INDUCE OR OTHERWISE PROMOTE ANY SEXUAL BEHAVIOR OR ACTIVITY AMONG MINORS AND DOES NOT DIRECT THE CONTENT OF COMMUNICATION TO ANY PARTICULAR PERSON. ALL INFORMATION PROVIDED WITHIN THE APP IS FOR GENERAL EDUCATIONAL PURPOSES ONLY.

 

We carefully examine the materials that we make available via the App to people between 13 and 17 in order to avoid any inappropriate or harmful content. We fully understand that moral and ethical rules might differ from country to country in defining what information related to sexuality is admissible to minors.

We neither intend nor publish sexually explicit content, or content that otherwise might qualify as harmful to minors or juveniles under applicable law. We make reasonable efforts to ensure that all materials provided by us on the App are based on facts only and are scientifically accurate.

 

Please be aware that individual ethical views on what is offensive or harmful to minors may vary from the requirements set for content that may be made available to minors under applicable law.

 

12. Subscriptions

 

The mobile application offers the Premium subscription that grants you access to additional features like tracking, personalized insights based on your symptoms and tools for detecting physical and emotional patterns. By accessing the premium subscription you agree that your purchases are not contingent on the provision of any future functionality or features, or dependent on any oral or written public statements, and comments made by us regarding such functionality or features.

 

You may purchase the Premium subscription directly through a third party by paying a subscription fee plus applicable taxes in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase. 

 

​​If you purchase access to the Premium content or services through a third party, separate terms and conditions with such third party may apply in addition to these terms. Please contact the third party regarding any refunds or to manage your subscription.

 

We may from time to time make changes to Premium subscriptions, including recurring subscription fees and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the Premium subscription after the price change takes effect, you will have accepted the new price. If you don’t agree to a price change, you can reject the change by unsubscribing from the applicable Premium subscription prior to the price change going into effect.

Tax rates or other fees are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.

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Your payment to us or the third party through which you purchased the Premium subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Premium subscription before the end of the then-current subscription period. You must cancel your Premium subscription before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your Premium subscription through a third party, you can cancel at any time with the App provider. Contact our Support team drlindseyhelpteam@gmail.com for instructions on how to cancel.

 

13. Digital Products Including Guides & Courses

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All digital products, guides, and courses are final sale and cannot be returned or exchanged once purchased.

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Payments will be charged to your credit/debit card through Stripe, a payment platform by Stripe, Inc. after you choose one of our options and confirm your purchase. You expressly understand and agree that all payments and monetary transactions are handled by Stripe. You must not process stolen credit cards, or unauthorized credit cards through Stripe and/or your Account. 

 

While we always try to offer the best and most convenient customer service possible, due to the nature of our digital products, including guides and courses, we are unable to process returns, refunds or exchanges. Please contact our support team drlindseyhelpteam@gmail.com with any further questions. 

 

14. Community

 

The community is a special feature of the App that allows users to communicate with each other on a set of different topics related to women’s health and wellbeing. All user comments in the community are posted anonymously. If you delete your account, your comments will remain visible to other users of the community .

As a user of the community, you shall not:

  • Leave rude, harassing, insulting, provocative, discriminating, non-tolerant, religious, racist, political, homophobic, or offensive comments and statements;

  • Post abusive, offensive, obscene, pornographic, infringing, sexually explicit images or any other materials (including links to such materials) prohibited under applicable law or regulations or that otherwise may be in conflict with this Agreement;

  • Provide any medical advice or claim to be a healthcare professional;

  • Advertise any product or service;

  • Perform other forbidden actions as defined in the community rules.

At our sole discretion, we reserve our right to:

  • Delete any inappropriate or irrelevant comments or materials;

  • Delete or modify comments containing personal data, such as name, address, or email;

  • Restrict or ban your access to the community at any time and without notice if we determine that the content or use of the community is in violation of this Agreement;

  • Use, copy, modify, reshuffle, move, change, publicly display, publicly conduct and distribute discussions, comments, and materials;

  • Block your comments for any reasons or moderate them as we deem appropriate;

  • Disable the community at any time without prior notification.

Any information posted in the community shall not be considered as advice, drug prescription, or treatment suggestion. If in doubt about your health, consult a licensed healthcare professional. Please bear in mind that our users are not healthcare professionals and their recommendations may not only be inaccurate, but also harmful to your health and well-being.

 

Read more about the rules applicable to communication in the community in the community rules. The community rules are an integral part of the Agreement. By accepting the Agreement, you also accept the community rules.

 

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, COMMUNICATIONS DECENCY ACT OF 1996), The Muscle Docs LLC DISCLAIMS LIABILITY FOR ANY DIRECT OR INDIRECT CONSEQUENCES ARISING FROM THE INFORMATION, LINKS, AND MATERIALS POSTED BY USERS, ANY ACTIONS OR INACTIONS OF USERS, VIOLATIONS OF ANY APPLICABLE LAWS AND REGULATIONS.

 

15. Passwords

 

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your App passwords or account. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitory, and control access to and use of your App account and password; (3) promptly inform The Muscle Docs LLC if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. Send us an email at drlindseyhelpteam@gmail.com. You grant The Muscle Docs LLC and all other persons or entities involved in the operation of the App the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the App. The Muscle Docs LLC cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the App.

 

16. Warranty disclaimer

 

The Muscle Docs LLC controls and operates the App from various locations and makes no representation that the App is appropriate or available for use in all locations. The App or certain features of it may not be available in your location or may vary across locations.

 

THE APP IS PROVIDED “AS IS”, “AS AVAILABLE” AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. The Muscle Docs LLC, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE APP WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE APP IS SOLELY AT YOUR OWN RISK; OR, (E) THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT, TEXT, IMAGES, SOFTWARE, GRAPHICS, OR COMMUNICATIONS PROVIDED BY THIRD PARTIES ON OR THROUGH THE APP, INCLUDING IN THE COMMUNITY. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

17. Limitation of liability

 

IN NO EVENT SHALL The Muscle Docs LLC, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS APP. IN NO EVENT WILL The Muscle Docs LLC’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP EXCEED THE AMOUNTS YOU HAVE PAID TO The Muscle Docs LLC FOR USE OF THE APP OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO The Muscle Docs LLC, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. The Muscle Docs LLC, OR ANY THIRD PARTIES MENTIONED ON THE APP ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE APP.

 

18. Use of mobile devices

 

Please note that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply if you are using the App on a mobile device.

 

19. Third-Party Services & Links

 

The App may give you access to links to third-party websites, apps, or other products or services (“Third Party Services”). The Muscle Docs LLC does not control Third Party Services in any manner and, accordingly, does not assume any liability associated with such Third Party Services. You need to take appropriate steps to determine whether accessing a Third Party Service is appropriate, including protecting your personal information and privacy in using any such Third Party Services and complying with relevant agreements. 

 

20. Your feedback

 

We welcome your feedback about the App. Unless otherwise expressly declared, any communications you send to us or publish in app stores are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such contents at our own discretion. You agree to authorize us to make use of such contents for free, and revise, modify, adjust and change contextually, or make any other changes as we deem appropriate.

 

21. Enforcement rights

 

We are not obligated to monitor access or use of the App. However, we reserve the right to do so for purposes of operating and maintaining the App, ensuring your compliance with this Agreement, and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities, and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable any content posted to the App or access to App at any time and without notice, and at our sole discretion if we determine in our sole discretion that your content or use of the App is objectionable or in violation this Agreement.

 

We may refuse service, close Accounts, and change eligibility requirements at any time.

The Muscle Docs LLC has no liability or responsibility to users of the App or any other person or entity for performance or nonperformance of the aforementioned activities.

 

22. Changes to the App

 

From time to time and without prior notice to you, we may change, expand, and improve the App. We may also, at any time, cease to continue operating part or all of the App or selectively disable certain features of the App. Your use of the App does not entitle you to the continued provision or availability of the App. Any modification or elimination of the App or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.

 

23. Indemnity

 

You agree to defend, indemnify, and hold The Muscle Docs LLC, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.

 

24. Miscellaneous

 

Any dispute arising from this Agreement shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN SARASOTA COUNTY, STATE OF FLORIDA AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.

 

Any cause of action you may have with respect to your use of the App must be commenced within one (1) year after the claim or cause of action arises.

 

If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this Agreement shall be admissible in judicial or administrative proceedings.

 

No waiver by The Muscle Docs LLC of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The Muscle Docs LLC to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.

Upon termination, all provisions of this Agreement, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

 

All claims between the parties related to this Agreement will be litigated individually, and the parties will not consolidate or seek class treatment for any claim unless previously agreed to in writing by the parties.

We may refuse service, close Accounts, and change eligibility requirements at any time.

 

25. Notice and takedown procedures

 

If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access thereto) from this App by contacting The Muscle Docs LLC and providing the following information:

 

а. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location (e.g., App page) of an authorized version of the work.

 

b. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

 

c. Your name, address, telephone number and (if available) e-mail address.

 

d. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

 

e. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

 

f. A signature or the electronic equivalent from the copyright holder or authorized representative.

In an effort to protect the rights of copyright owners, The Muscle Docs LLC maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the App who are repeat infringers.

 

26. Affiliate Disclosure

 

The Muscle Docs LLC has no control over, and no liability for any third party websites or materials. The Muscle Docs LLC works with a number of partners and affiliates whose Internet sites may be linked with the App. Because neither The Muscle Docs LLC nor the App has control over the content and performance of these partner and affiliate sites, The Muscle Docs LLC makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and The Muscle Docs LLC assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the App, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that The Muscle Docs LLC makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

 

In compliance with the FTC guidelines, please assume the following about links and posts on the App:

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  • A few links on App are affiliate links of which we receive a small commission from sales of certain items, but the price is the same for you.

  • If we post an affiliate link to a product, it is something that we personally use, support and would recommend even without an affiliate link.

  • At present, we do not allow ads on App, so clicking on any links in the sidebar or to posts within the App or to non-affiliate link external sites will not earn us commissions in any way.

  • First priority is always providing valuable information and resources to help you create positive changes in your life, and we will only ever link to products or resources (affiliate or otherwise) that fit within this purpose.

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27. Non-Digital Product Returns & Refunds (Does NOT Include Digital Products)

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a. Products that have been opened are not eligible for a return, exchange, or store credit.

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b. Orders outside of the 30-day return window are not eligible for a return, exchange, or store credit. 

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c. Refunds can only be processed back to the original payment method. In the event we're unable to refund back to the original form of payment due to a canceled/expired credit card or closed bank account, store credit will be issued via coupon code.

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d. Shipping charges are non-refundable and are not refunded in the event of a return.

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e. For orders of 20 items or more, only 50% of the order may be returned if the items are unopened and unused with their original seals intact within 30 days of the order’s delivery date.

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f. Returns must be initiated with our Customer Experience Team first via email. Please do not return your purchase back to the sender. Orders that are returned to the sender are not eligible for a return or refund. 

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28. Shipping

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a. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

 

b. We do not support or allow for the shipping of orders to freight forwarders, and cannot provide necessary paperwork if done so. Orders lost in transit with freight forwarders are not eligible for replacement orders covered by The Muscle Docs LLC.

 

c. Orders may be delayed from shipment due to discrepancies in payment or billing/shipping information. Transit time may be extended due to incomplete shipping address (i.e. missing or invalid apartment number/street number), weather conditions, or general carrier delays/issues.

 

d. The Muscle Docs LLC  is not responsible for any lost packages. Customers should file a claim with their specific carrier if any time of delivery issue occurs.

 

e. Shipping information cannot be changed or updated once the order has been processed and shipped from our facility. Please make sure that all information under shipping is correct before finalizing your order.

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29. Questions & Comments

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If you have any comments or questions on any part of the App or any part of these Terms of Use, require support, or have any claims, please contact us at drlindseyhelpteam@gmail.com.

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