This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and comply with the terms of this Agreement. If you do not meet all of these requirements, you must stop using the Website.
Eat With Ellie, LLC (herein referred to as “Company”) agrees to provide the grocery guide digital downloads, healthy eating guide, and picky eating course (herein referred to as “Course”) as identified on the Website. As a condition of purchasing and participating in the Course, you agree to be bound by all the policies and procedures set out in this Agreement, including those incorporated by reference.
As part of the Course, the Company shall provide you:
video, audio, written lessons, templates, worksheets, checklists, slide decks, and other training and support materials.
Digital download products will be emailed directly upon purchasing and can be accessed by the email you entered upon purchasing. You will be able to download this one time upon purchasing.
Company may offer bonuses to individuals who sign up for the Course. You shall be entitled to any bonuses offered at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the Course and they vary depending on specific live and automated promotions throughout the year.
You understand Elise (Ellie) Burbidge (herein referred to as “Consultant”) and Eat with Ellie, LLC, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, or financial analyst, psychotherapist, or accountant. You understands that Consultant has not promised, shall not be obligated to, and will not; (1) procure or attempt to procure employment or business or sales for You; (2) perform any business management functions including but not limited to, accounting, tax, or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling, or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print, or digital media exposure for You; (6) introduce You to Consultant’s network of contacts, media partners, or business partners; (7) diagnose or treat any illnesses or disease or (8) promise any set of results from the Course. You understands that a relationship does not exist between the parties after the conclusion of this Course. If the Parties wish to continue their relationship, they shall execute a separate agreement that explicitly governs that relationship.
In consideration of your access to the Course, you agree to pay the following fees.
You must pay a single payment of $19.99, or the posted sale price (due immediately).
No refunds are available for this purchase.
Specifically, you shall not share any information provided by other Course participants outside of the bounds of the Course, in any format, unless you receive express written permission from such other participant to share the information. Similarly, the content of the Course contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided in the Course with anyone other than the Company, its owners and employees, and other Course participants.
The Company may provide information from a third party in the form of a podcast guest interview, audio interview, interview on other platform, guest blog post, panel, roundtable, or other format. The Company does not control the information provided by any third-party guest or its truthfulness and cannot guarantee the veracity of any guest information.
Individuals who agree to appear as guests or contribute content in any way to the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.
NO TRANSFER OF INTELLECTUAL PROPERTY
All content included as part of the Course—such as text, graphics, logos, slides, images, audio, video and the compilation thereof—as well as any software used in the Course is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Course are the trademarks of their respective owners.
Your participation in the Course does not result in a transfer of any intellectual property to you, and, as a condition of participation in the Course, you agree to observe and abide by all copyright and other intellectual property protection.
You are granted a limited, personal, non-exclusive, non-transferable license to access and use the Course content and resources for your own personal or internal business use. You hereby agree that you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Course. By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.
The Company content is not for resale. Your participation in the Course does not entitle you to make any unauthorized use of any protected content, and in particular you will not remove or alter any proprietary rights, metadata, footnotes, watermarks, or attribution notices in any content. You will use protected content solely for your individual use and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Course will be terminated immediately and you shall not be entitled to a refund of any portion of the fees. You may also be subject to further penalties or damages as permitted by the fullest extent of the law.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide you with access to the Course, for information and educational purposes. The information contained in the Course, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither You nor any of Your associates, employees, or affiliates will directly or indirectly—in any capacity or manner—make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support, or participate in any of the foregoing), any remark, comment, message, information, declaration, communication, or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its Courses, members, owner directors, officers, Affiliates, subsidiaries, employees, agents, or representatives.
The Company shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in performing any term of this Agreement if caused by acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), server failures, data breaches, data loss, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate such term in any other jurisdiction.
You agree to hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Course and/or any information and resources contained in the Course. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Course.
The information, software, products, and service included or available through the Course may include inaccuracies or typographical errors. Changes are periodically added to the information in the Course. The Company and/or its suppliers may make improvements and/or changes in the Course at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Course for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Course; with the delay or inability to use the Course or related service; the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Course; or otherwise arising out of the use of the Course, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. If you are dissatisfied with the Course or any portion of it, your sole and exclusive remedy is to discontinue using the Course.
You may not assign this Agreement without the express written consent of Company.
The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
The Company reserves the right, in its sole discretion, to terminate your access to the Course and the related services or any portion thereof at any time if you become disruptive to the Company or other Course participants, if you fail to follow the Course guidelines, or if you otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Course and related services; any user postings made by you; your violation of any terms of this Agreement or your violation of any rights of a third party; or your violation of any applicable laws, rules, or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
RESOLUTION OF DISPUTES
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Pleasant Grove, UT You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
The Service is controlled, operated, and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or territory or in any manner prohibited by any applicable laws, restrictions, or regulations.
Every effort has been made to accurately represent this product/course and its potential. This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by any platform, including YouTube, Instagram, or Facebook, nor have they been reviewed tested or certified by any platform.
There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the individual person using our product, ideas, and techniques. We do not position this Course as a “get rich quick scheme.”
Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, the individual ideas and techniques mentioned, your finances, knowledge and various skills and time commitment. Since these factors differ widely according to individuals, we cannot guarantee your success or income level. We wish you the best, but are not responsible for any of your actions in using this course/program.
Materials in our products or website may contain information based upon forward-looking statements within the meaning of the Securities Litigation Reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.
Any and all forward-looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material. Every person is different and every situation is different and success is highly dependent on individual work and fact-specific scenarios. All information is presented “as is” without any guarantees.
OUR MINIMUM GUARANTEES
If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact eatwithellie [at] gmail.com.
© Eat With Ellie, LLC
Last Updated: 4/20/2020