General Terms & Conditions for Educational Course Known as One More Bite™. Access to and use of ‘One More Bite™ (including any on-line courses, training material, tutorials, ideas, suggestions, and directions) (‘the Service’) within the US, UK and internationally is provided by Joy Jacobs, d/b/a One More Bite™, (‘the Sponsor’, ‘I’ , ‘we’, ‘us’ or ‘our’) on the following Terms and Conditions.
By using the Service you agree to be bound by these Terms and Conditions, which shall take effect immediately on your payment for or first use of the Service, whichever comes first. If you do not agree to be bound by all of the following Terms and Conditions please do not access, use and/or contribute to the Service.
I. Summary:
1. The information in this course is not intended as a substitute for consultation with healthcare professionals. Each individual’s health concerns should be evaluated by a qualified professional.
2. One More Bite™ and the information referenced and herein does not constitute an attempt to practice medicine.
3. Information provided in this course is for informational purposes only. This information is NOT intended as a substitute for the advice provided by your physician or other healthcare professional, or any information contained on or in any product.
4. Do not use the information provided in this course for diagnosing or treating a health problem or disease, or prescribing medication or other treatment. Do not disregard professional medical advice or delay in seeking professional advice because of something you have learned in this course.
5. Watching this video, taking this class, and/or accessing this website does not establish a doctor-patient relationship. Individuals should consult a qualified health care provider for medical advice and answers to personal health questions.
6. The information presented in this website and in the One More Bite™ classes is not intended to take the place of your personal physician’s advice and is not intended to diagnose, treat, cure or prevent any disease. All information is intended for your general knowledge only and is not a substitute for medical advice or treatment for specific medical conditions. Dr. Jacobs cannot give you medical advice. The information contained in the course video and is presented in summary form only and intended to provide broad consumer understanding and knowledge.
7. If you or your child or ward are suicidal or in need of immediate medical assistance, please call 911 or go to the nearest emergency room immediately.
II Use of the Service
1. You agree to use the Service only for lawful purposes. You may not use the Service or any part of it for commercial purposes.
2. You must only use the Service in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of One More Bite™. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Service.
3. We operate a ‘fair use’ policy to protect the quality of service to our users. If we believe you are using excessive bandwidth or your use of the Service is adversely affecting our network (or any part of it) or our other users. We reserve the right to manage or regulate your usage of the Service. This may include temporarily suspending your user account.
III Availability of the Service
1. Although we aim to offer you the best service possible, we make no promise that the Service available at One More Bite™ will meet your requirements. We cannot guarantee that the Service will be fault-free. If a fault occurs with the Service you should report it to admin@drjoyjacobs.com and we will attempt to correct the fault, if we agree it is a fault, as soon as we reasonably can.
2. Your access to the Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Service as soon as we reasonably can.
IV Disclaimers and limitation of liability
1. ALL CONTENT PROVIDED ON OR THROUGH THE SERVICE, INCLUDING THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO One More Bite™, ITS PRODUCTS AND SERVICES (OR TO THIRD PARTY PRODUCTS AND SERVICES), IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, One More Bite™ EXCLUDES ALL REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED BY LAW), INCLUDING THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. One More Bite™ DOES NOT GUARANTEE THE TIMELINESS, COMPLETENESS OR PERFORMANCE OF ANY ASPECT OF THE SERVICE OR ANY OF ITS CONTENT. WHILE WE TRY TO ENSURE THAT ALL CONTENT PROVIDED BY One More Bite™ IS CORRECT AT THE TIME OF PUBLICATION, NO RESPONSIBILITY IS ACCEPTED BY OR ON BEHALF OF One More Bite™ FOR ANY ERRORS, OMISSIONS OR INACCURATE CONTENT ON THE SERVICE.
2. NOTHING IN THESE TERMS AND CONDITIONS LIMITS OR EXCLUDES One More Bite™’S AND JOY JACOBS’ LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS PROVEN NEGLIGENCE. SUBJECT TO THE PREVIOUS SENTENCE, NEITHER One More Bite™ AND JOY JACOBS NOR ANY OF ITS OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY OF THE FOLLOWING LOSSES OR DAMAGES (WHETHER SUCH DAMAGE OR LOSSES WERE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE): (A) LOSS OF RECOVERY; (B) LOSS OF REVENUE; (C) LOSS OF LIFE; (D) LOSS OF OPPORTUNITY OR ANTICIPATED SAVINGS; (E) LOSS OF GOODWILL OR INJURY TO REPUTATION; (F) LOSSES SUFFERED BY THIRD PARTIES; OR (G) ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM THE USE OF THE SERVICE REGARDLESS OF THE FORM OF ACTION.
3. One More Bite™ DOES NOT WARRANT THAT FUNCTIONS AVAILABLE ON OR THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS CAN OR WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO IMPLEMENT SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY OF DATA INPUT AND OUTPUT.
V. Prices and payment
1. Your order is an offer to purchase the Service from us. The Service will be made available to you once your payment has been authorized and received and the course session has started. There will be no contract of any kind between you and us unless and until you make authorized payment for the Service. At any point up until then, we may decline to supply the Service to you without giving any reason.
2. The fee for the Service is calculated and payable in advance of the course start date as set out on the program website. We shall be under no obligation to provide the Service until the fee has been paid.
3. All prices are expressed inclusive of any VAT payable unless otherwise stated.
4. Your credit/ debit card details are not handled by One More Bite™ and Joy Jacobs. All payment and all credit card handling is through the third party, PayPal Inc. Authority for payment must be given at the time of placing your order.
VI Delivery
1. Within 48 hours of purchase (during the Monday through Friday working week), a confirmation email will be sent to the customer acknowledging payment and successful enrollment in the course.
2. Within one week before the announced course start date, customer will be will be notified by email of an online URL where the course materials will be located. Customers will be required to create a username and password for logging into the site and accessing the course content.
VI Using the Online Course Service
1. Please read the description for the Service carefully before placing your order, as refunds cannot be given (see section 7 below).
2. One More Bite™ warrants that it has the right to provide the Service and will use all reasonable skill and care in making the Service available to you and in ensuring its availability. Because of the nature of the internet, errors and omissions do occur and One More Bite™ does not give any other warranties with respect to the Service.
3. One More Bite™ is continually seeking to improve the Services. One More Bite™ reserves the right, at its discretion, to make changes to any part of any Service provided that it does not materially reduce its content or functionality. No written notice will be provided regarding such changes.
VII Fair use policy
1. We operate a ‘fair use’ policy to protect the quality of the Service. If we believe your use of the Service is taking up excessive bandwidth or your use of the Service is adversely affecting the provision of the service (or any part of it) to other users, or other users’ enjoyment of the Service, we reserve the right to manage or regulate your usage of the online course Service. This may include temporarily suspending your user account and/or access to the Online Course Service.
VIII No commercial use
1. All online course Services are available for non-commercial use only. One More Bite™ reserves the right to refuse orders from businesses that we consider are for commercial concerns. You may not re-sell or make available to any third party the Online Course Services without the prior written consent of One More Bite™.
2. Subject to paying the applicable fees, universities and other teaching organizations acceptable to the Sponsor are permitted to deliver the Online Course Service to their named students.
IX Cancellation and refunds
1. Refunds are NOT available at any time or for any reason.
2. It is not possible to cancel or postpone your course.
3. Your access to One More Bite™ may be terminated at any time if you are in material breach of these terms. If we reasonably believe your breach of these terms affects our lawful operation of the online course Service or third party customers we may suspend your access to the Online Course Service at any time.
X Intellectual property
1. All copyright, trademarks, trade names, design rights, patents and all other intellectual property rights (registered and unregistered) in and related to the Service and all content (including all applications and materials) located on or available through the Service shall remain vested in the Sponsor.
2. You must not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use One More Bite™ content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any One More Bite™ content except for your own personal, non-commercial use. Any other use of One More Bite™ content requires the prior written permission of the Sponsor.
3. The names, images and logos identifying One More Bite™ or third parties and their products and services are subject to copyright, design rights and trademarks of One More Bite™ and/or third parties. Nothing contained in these Terms and Conditions shall be construed as conferring any license or right to use any trademark, design right or copyright of One More Bite™ or any other third party.
XI Registration
1. In order to participate in and contribute to One More Bite™ courses and communities you may be required to register with One More Bite™. Any personal information supplied to One More Bite™ as part of this registration process and/or any other interaction with One More Bite™ will be collected, stored and used in accordance with One More Bite™’s Privacy Policy.
2. To register on this website you must be over eighteen (18) years of age unless you have the explicit written permission of your parent or guardian.
3. You must ensure that the details provided by you on registration or at any time are correct and complete.
4. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
5. All user accounts must be registered with a valid personal email address that you access regularly so that moderation emails can be sent to you. Accounts registered with someone else’s email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address.
6. You must keep your password and user name confidential and not disclose them or share them with anyone. If you know or suspect that someone else knows your password you should notify us by contacting admin@drjoyjacobs.com immediately.
7. If One More Bite™ has reason to believe that there is likely to be a breach of security or misuse of the website, we may require you to change your password or we may suspend your account.
8. One More Bite™ reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our services in any way.
9. If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.
XII Breach of the Service Terms and Conditions:
1. Breach of the Terms and Conditions in any way as determined at the sole discretion of the Sponsor, including but not limited to any attempt to re-purpose, reuse or distribute content from the Service or based on any of the Service materials, ideas, thoughts, or terminology, is subject to a temporary restraining order, injunction, and money damages and by subscribing to the Service you agree to venue and jurisdiction in a court of law in Los Angeles County, California.