By purchasing the Kickstart eBook you expressly acknowledge that you have read and agree to be bound by these Terms and Conditions before using any of the Kickstart programs.  If you do not agree to be bound by these Terms of Use, you may not use the programs found herein. We reserve the right to change these Terms and Conditions at any time, and you agree to be bound by any such changes. The most current version of these Terms and Conditions can be viewed at any time at: Fitmelle.com.

 

1. Content: Please be advised that the information found on this in the Kickstart Program (herein referred to as “Kickstart”) is not the product of a license professional. You acknowledge that neither Fitmelle nor Michelle Gabson is a Registered or Licensed Dietitian/Nutritionist or Certified Personal Trainer. As the provider of Kickstart, Fitmelle is sharing the results of her own diet and exercise routine, which resulted in the development of this content.

 

2. Disclaimers: Kickstart is available “as is.” FItmelle does not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to Kickstart. Fitmelle does not guarantee results of any kind, as each person processes information differently. Fitmelle further disclaims any guarantee as the Purchaser is choosing his or her own product and not seeking advice from Fitmelle directly. Fitmelle has no knowledge, actual or constructive, of your fitness level, food allergies, medications, or other factors required to make personal recommendations.

 

3. Intellectual Property.
4. 1. Kickstart (including all text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States, and Fitmelle (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein.
   2. Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of Kickstart. Kickstart is for personal interest only. You may not distribute any part of Kickstart or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, Kickstart may not be used to construct any kind of database. As we occasionally excerpt materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make “fair use” of the materials contained on our site; accordingly, you may from time to time excerpt and use materials set forth on this site consistent with the principles of “fair use.”

 

4.  Purchaser’s Representations: Purchaser represents and warrants the following: i) Purchaser is at least eighteen (18) years of age; ii) Purchaser is purchasing Kickstart for his or her own use only; iii) that Purchaser has read and understands the various programs available and has chosen the correct program for his or her own current body weight; iv) Purchaser will abide by the advice of a medical professional or licensed dietician regarding use of foods to which Purchaser may be allergic, and v) if Kickstart causes any pain or discomfort that Purchaser will seek medical attention.

 

5. Indemnification: You agree to indemnify and hold harmless Fitmelle and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder. Fitmelle reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. Specifically, you agree to indemnify Fitmelle for any injuries and dietary issues that arise from misuse of Kickstart.

 

6. Refund Policy. All sales are final. There are no refunds.

 

7. Choice of Law: These Terms and Conditions shall be governed by the laws of the United States and the State of North Carolina, applicable to agreements made and to be performed therein without regard to conflict of laws principles.