Terms of Use

TERMS OF USE

Please read these Terms of Use before using this website and related websites (including kathysmithreshape.com) (the “Site”).

Welcome to kathysmith.com and related websites (including kathysmithreshape.com) (“kathysmith.com,” “we,” “our” or “us”).  By accessing this Site, you agree to be bound by all of the terms of use (the “Terms of Use”).  We reserve the right to change the Terms of Use or to modify any features of this Site at any time without notice to you, and you agree to be bound by such changes.  Any changes to the Terms of Use become a party of the Terms of Use and shall apply as soon as they are posted.

The most current version of the Terms of Use can be viewed at any time at kathysmith.com.  Your use of the Site constitutes your agreement to all such terms conditions and policies.  Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance the Site shall be subject to the Terms of Use.  We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.  You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site.  If you do not wish to be bound by these Terms of Use or agree with any modified Terms of Use, your only remedy is to discontinue using the Site.  Each time you use the Site, you reaffirm your acceptance of the then-current Terms of Use.  You cannot register or use the Site until you have accepted these Terms of Use.

By using the Site, you represent that you have reached the age of majority where you live and that you have the legal ability to accept these Terms of Use and to use the Site in accordance with these Terms of Use.

COPYRIGHT PROTECTION

This Site (including, without limitation, 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 other countries, and we have rights therein (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements).  All individual articles, videos, content and other elements comprising this Site are also copyrighted works, and we have rights therein (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements). You must abide by all additional copyright notices or restrictions contained in this Site. By posting or submitting content on or to the Site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving Kathysmith.com, and its affiliates, agents and third party contractors the right to display or publish such content on the Site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. You agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Kathysmith.com all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Kathysmith.com or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business. Kathysmith.com reserves the right to remove or not publish submissions without prior notice.

COPYRIGHT INFRINGEMENT AND DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or agent thereof and believe that User Content infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C.§ 512(c)) to our copyright agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our copyright agent can be reached by email.

Please note that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

PROHIBITED ACTIVITIES AND CONDUCT

The following is a partial list of the kinds of conduct that are illegal or prohibited on the Site.    We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, engages in any prohibited activities.  In connection with your use of the Site, you acknowledge and agree that you will not:  (i) copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, create a database in electronic or structured form by systematically and/or regularly downloading, caching or storing all or any content, reproduce, publish, license, create derivative works from, transfer, sell or in any other way commercially exploit any information, software, products, content or services obtained through the Site, except as permitted under “fair use” or through an authorized widget or syndication vehicle such as displaying the kathysmith.com badge on your site; (ii) access the Site by any means other than through the standard industry-accepted or kathysmith.com-provided or authorized interfaces; (iii) transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may infringe upon another’s right of privacy or publicity; (iv) impersonate any person or entity, including without limitation, our employee(s) or affiliate(s), or falsely state or otherwise misrepresent your affiliation with such a person or entity; (v) post or transmit any material that contains a virus or corrupted data; (vi) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (vii) use any of the Site features in a manner that adversely affects the availability of its resources to, or enjoyment by, other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text); (viii) violate any applicable local, state, provincial, national or international law; (ix) upload or transmit any material that infringes any patent, trademark, trade secret, copyright, moral right, or other proprietary rights of any party, including without limitation, rights of publicity or privacy; (x) manipulate or otherwise display the Site by using framing or similar navigational technology; (xi) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any product or service if you are not expressly authorized by such party to do so; or (xii) use the Site for any purpose that is unlawful or prohibited by these Terms of Use.

You may not use the Site in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other user’s use and enjoyment of the Site. Furthermore, you may not attempt to gain unauthorized access to any of the Site, other Site services, accounts, computer systems or networks connected to us through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

INDEMNIFICATION

You agree to indemnify and hold harmless kathysmith.com and its subsidiaries, affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, advisors, vendors, suppliers and licensors, and each of their respective assigns and successors, from and against all losses, expenses, damages and costs, expenses and other liabilities, including reasonable attorneys’ fees, resulting or relating to any claim arising out of or related to:  (i) your access to and use of the tools, software, and other aspects of the Site and the content; (ii) your violation of these Terms of Use, and any applicable law or the rights of another person or party; (iii) any dispute you have with any user of the Site and any dispute you have related to any merchant or advertising found on or through the Site; (iv) our resolution (if any) of any dispute you have with any use of the Site; (v) your improper authorization for kathysmith.com to collect, use or disclosure any content provided by you; and (vi) any disclosures made with your permission.  We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

DISCLAIMER AND WARRANTIES

The Site and the content are provided on an “AS IS” basis.  To the fullest extent permitted by law, we, our licensors, and our suppliers, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability non-infringement of third parties’ rights, and fitness for particular purpose.  We make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site.  We cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data.  We cannot and do not guarantee or warrant that files available for downloading from this Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties.  We cannot and do not guarantee or warrant that any content you post on the Site will remain on the Site.  We do not warrant or guarantee that the functions or services performed on the Site will be uninterrupted or error-free or that defects in the Site will be corrected.

This Site may contain various combinations of text, images, audiovisual productions, opinions, statements, facts, articles, market data or other information created by us or by third parties.  Due to the number of sources from which content in this Site is obtained, there may be delays, omissions or inaccuracies in such content.  Accordingly, such content, including the market data, is for your reference only and should not be relied upon by you for any purpose.  Such content is not intended for the purpose of tax or investment advice and it does not advocate the purchase or sale of any security or investment.  Information created by third parties that you may access on the Site or through links is not adopted or endorsed by us and remains the responsibility of such third parties.

LIMITATION OF LIABILITY AND DAMAGES

Kathysmith.com and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, vendors, suppliers, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data or goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based, in any way related to this Site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Site (including, without limitation, as a result of breach of any warranty or other term in the Terms of Use).  Any claim against us shall be limited to the amount you paid, if any, for use of this Site and your exclusive remedy with respect to any dispute is to discontinue your use of the Site.  Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdiction, we shall be limited to the extent permitted by law.

THIRD PARTY SUBMISSIONS AND LINKS

We are not responsible for the availability or content of other services that may be linked to from this Site. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.

LIMITED LICENSE

Subject to the Terms of Use, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon solely for your personal use.  You may not sell, modify, reproduce, display, distribute, resell or exploit for public or commercial purposes, any portion of the Site, use of the Site’s services, or access to the Site’s services.  The Site is copyrighted and protected by worldwide copyright laws.  You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the materials.  Except as expressly provided herein, we do not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

TERMINATION

The Terms of Use may be terminated by either party for any reason at any time. You agree that we may, in our sole discretion, and at any time, terminate your use of the Site, without prior notice to you, for any reason that we, in our sole discretion, deems appropriate. You further agree that we will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Site. In the event of any termination of your use of or access to the site, you agree that the provisions of the Terms of Use regarding protection of intellectual property rights and license, indemnification, disclaimer of warranties, limitation of liability and applicable law shall survive any such termination.

NOTICE AND CONTACT INFORMATION

We may deliver notice to you under these Terms of Use by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U.S. mail to your address on record in your account (if applicable).  You may give notice to us at any time via electronic mail or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address

Kathy Smith Lifestyles
PO Box 680691
Park City, UT 84068

If you have any questions or concerns with respect to the Terms of Use or the Site, you may contact a representative by emailing us or calling 435-200-4106. You may also contact us via mail at:

Kathy Smith Lifestyles
PO Box 680691
Park City, UT 84068

OWNERSHIP, TRADEMARKS AND COPYRIGHT

All right to, title to, and interest in the content displayed on the Site, including without limitation, the Site’s look and feel, data, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names, and URL, are the property of or are otherwise owned, controlled or licensed by us or our applicable partners, agents or third parties. The Site and the content herein are protected by worldwide copyright and trademark laws.

GOVERNING LAW

The Terms of Use shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of laws rules.  You agree that any disputes that arise from these Terms of Use or from any products or services you receive from us will be resolved by arbitration in accordance with the rules of the American Arbitration Association (“AAA”).  The arbitration will take place in Salt Lake City, Utah and will be conducted only on an individual basis and not in a class or representative action or as a member in a class, consolidated or representative action, even if AAA’s rules provide otherwise.  If any provision of these Terms of Use is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

MEDICAL INFORMATION

The Site is not a medical provider. We do not endorse or recommend the products or services of any particular health care provider or evaluate or determine your need for any particular product, service or information. We do not give individual medical, therapeutic or other medical-related advice or advocate any particular treatment or course of treatments, diagnosis, cure, therapy or other related product or service for any individuals or practitioners. You should evaluate all information provided by the Site, including information posted by other users (including Members, defined below) of the Site on your own.

The content and other information presented on our Site are for educational or promotional purposes only.  The content is not intended as a substitute for medical counseling or treatment.  Before starting this or any other diet or fitness program, consult your physician to determine if one or more of our diet and/or fitness programs are right for your needs.  Do not start a diet or fitness program with us if your physician or health care provider advises against it.  We reserve the right (but do not have the obligation) to refuse or cancel your membership or use of the Site if we determine that you have or if you inform us that you have certain medical conditions.  We reserve the right to cancel your membership should you violate the Terms of Use and any other posted policy on the Site.  Information and statements regarding dietary supplements and food have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.

SUBSCRIPTION SERVICES (kathysmithreshape.com) (as applicable)

The process of subscribing to the kathysmithreshape.com RESHAPE Program (the “Program”) via the Site and becoming a member (a “Member”) requires entry of certain personal information and, among other conditions of membership, agreement with these Terms of Use in order to gain access to the Site. Any health and/or medical condition information you provide to us about yourself is strictly optional and is not evaluated by us. Any such information you choose to provide will be maintained according to our Privacy Policy.

In becoming a Member with the intent of using the Site, you affirm that you have consulted with your health care provider who has determined that participation in the Program is appropriate and safe for you, particularly if any of the following is true or if you have any other health condition:

  • You have been medically diagnosed as living with diabetes, hypoglycemia, heart disease, high cholesterol, high blood pressure, advanced liver disease, an orthopedic and/or arthritic condition, or any other underlying cardiovascular or pulmonary condition
  • You have a heart condition
  • You have felt chest pain when engaging in physical activity
  • You have experienced chest pain when not engaged in physical activity at any time within the past month
  • You have lost your balance because of dizziness and/or you have lost consciousness
  • You have a bone or joint problem that could be made worse by a change in your physical activity
  • Your physician is currently prescribing drugs for your blood pressure or heart condition
  • You have a personal and/or a familial (i.e., genetic) history of high blood pressure or heart problems
  • You are allergic to nuts, eggs, dairy products or any other foods
  • You are presently following a diet plan provided to you by a physician or other medical professional for health reasons
  • You are pregnant, breastfeeding or lactating

The information set forth on the Site is still meant only to provide general guidance and education. You are advised that health, diet and fitness advice is often subject to change due to medical research and developments. No assurance can be given that the content of the Site will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition and whether the Program is appropriate for you. Your participation in the Program and your use of the Site are at your own risk.

OFFER, PAYMENT AND BILLING TERMS

Description of Automatic Renewal Service.  Kathy Smith’s RESHAPE Program is an automatically renewing subscription-based service. As more fully described below, by becoming a Member, you will be charged the fee for the subscription term that you select in the signup/registration process. You may choose a monthly or annual automatically renewing subscription. In the event you subscribe, you shall immediately be charged the entire amount equivalent to the advertised price for either one month, or one year of service, depending upon the term that you selected. UNDER THESE TERMS OF USE, IF YOU CANCEL YOUR SUBSCRIPTION, YOU ARE NOT ELIGIBLE FOR ANY REFUND FOR THE CURRENT TERM FOR WHICH YOU ARE SUBSCRIBED, EXCEPT WHERE REQUIRED BY APPLICABLE LAW. Your subscription will automatically renew at the end of each subscription term. Your renewal subscription will have the same duration as the subscription being renewed (e.g. one month, one year, etc.) YOU CAN CANCEL ANYTIME AFTER YOU HAVE SIGNED UP, AND WILL NOT BE BILLED AGAIN, SUBJECT TO THESE TERMS OF USE. If you wish to cancel the automatic renewal, we must receive your request by 5 p.m. ET the day prior to the last day of your subscription term in order to allow us to process your cancellation request by one of the methods described in the Cancellation Policy below. If we receive your cancellation request after such time, you will be charged for the next subscription term.   (See Cancellation Policy below).

Pricing Plans.  As of the date these Terms of Use were last modified there are two subscription plans available. New subscription plans may become available and the current pricing structure below is subject to change until the time in which you officially accept one of our offers by agreeing to these Terms of Use and successfully submitting payment.

The subscription plans in place as of the date these Terms of Use were last update are as follows:

Annaul: Pay for an annual membership for $54.00 per year. There will be no refunds should you decide to cancel your membership any time within the period of one year from the date you successfully submit payment for this plan.

We may, from time to time, offer free trials and promotions that could alter or discount the above-listed pricing plans. These free trials may be made available through television programs, in conjunction with our food partners, or via any other means in our sole discretion. Such free trials will be subject to additional terms and conditions set forth with the free trial offer at the time such free trial offer is made and are incorporated by reference into these Terms of Use.

Free Trial Period.  Some new memberships will start with a free trial, subject to compliance with the offer. You must have Internet access and a current valid accepted payment method to use our service. If your membership begins with a free trial we will begin automatic billing for your membership at the end of the free trial period. We will continue to automatically bill you for your selected membership plan until you cancel in accordance with these Terms of Use.

Cancellation Policy.  You may cancel your subscription at any time after your initial registration, unless the offer you have selected specifically does not permit cancellation within a specified time period. To cancel, you must email or call customer service at or 435-200-4106. If you wish to cancel the automatic renewal of the Program, we must receive your request by 5:00 pm ET prior to the last day of your subscription term in order to allow us to process your cancellation request. If we receive your cancellation request after such time, we shall charge you for the next subscription term.  Provided you cancel in accordance with this Section, your account will be terminated effective as of the next business day.  WE OFFER NO REFUNDS EXCEPT WHERE REQUIRED BY LAW.

Payment and Billing Policies.  You hereby authorize us to charge your credit card for the initial term and all renewal terms (depending on the subscription plan you selected) at the then current subscription fee. You may cancel your subscription at any time in accordance with the instructions above. The same credit card that you used to subscribe initially will be automatically charged on a monthly or yearly basis depending on your subscription plan for as long as you retain your subscription to the Program. At any time, you may change your payment method by emailing or calling customer service at 435-200-4106. Except where prohibited by law, you agree that we are not obligated to send you any renewal or advance billing notices indicating that your credit card will be or has been charged.

Please note that the only accepted method of payment is by credit card. We do not accept debit card payments at this time. You agree to notify us immediately via the customer service email if you discover that the card number you provided to us when you registered for your subscription is a debit card number, or if your credit card information changes.

In conjunction with the Program, certain products or additional services may be offered for sale on the Site. In the event you wish to purchase any goods or subscribe to the Program and become a Member, you will be asked by us to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide us with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the Terms of Use of any agreement that you may enter into governing your purchases on the site. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.

If you subscribe to the Program, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges, and to institute new fees, charges or terms, and may, but shall not be required to provide notice unless required by law. All charges are billed in U.S. Dollars and are subject to other fees which the institution issuing your credit card may impose.

Your right to use the Program is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account. You are required to pay any amounts still owed to us at the time your account is suspended or terminated. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your payment information by contacting customer service at 435-200-4106 or emailing us. If your credit card reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. We may, but are under no obligation to, send you an email reminder when the credit card you use for payment is about to expire, and you agree to receive such email communications and accordingly update your payment information. To review the billing terms of your account, you may access your account details via My Account.

Special Offers and Promotions.  From time to time special offers may be made by us. The listing of special offers does not indicate that it is available to you or that it will ever be made to you or all other subscribers or potential subscribers. Special offers shall only be available to you if you receive a valid offer from us and meet the applicable criteria. If you have affirmatively responded to one of these special offers, the Terms of Use shall apply that are stated in the special offer promotional materials and any related sign-up procedure.  We may also occasionally provide contests, sweepstakes, games and other RESHAPE or third party promotions to our subscribers and other registered users. The rules, regulations and procedures governing any of the foregoing promotions shall be accessible through a hyperlink displayed on the Site where the applicable promotion is located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures, all of which are hereby incorporated by reference into these Terms of Use.  Please remember to read the rules carefully before participating.

Electronic Communications.  As part of the Program, you will receive periodic email communications from us concerning the status of your subscription account and certain promotional opportunities. Except for the promotional offers, you affirmatively consent to receive those emails from the date on which you agree to these Terms of Use despite any previous request you might have made to opt-out of receiving additional emails from us. Because email communications are critical to providing you timely notice regarding changes in the Program policies or required updates in your account profile, you cannot maintain your subscription to the Program without receiving emails from us about your account and the Program for the duration of your subscription. However, you can opt-out of receiving promotional email from us regarding other services on the Site or other unrelated offers by using the opt-out mechanism provided in such email without jeopardizing your ability to participate in the Program.

Special Features of the Program.  The information (including without limitation user content, advice, recommendations, physical and mental/emotional exercises (i.e., journaling suggestions), recipes, the food and restaurant databases, and RESHAPE diet success stories and related content and images) on the Site is intended solely as a general educational aid or promotional materials intended for Members and/or other visitors to the Site.

The restaurant database is provided to Members and/or other visitors to the Site as a convenience: all such substantive data therein is provided by the U.S. Government for the public and is not generated by us. We neither endorse any of the restaurants therein nor do we have any responsibility to you for your experience patronizing any of the restaurants or for inaccuracies of the database’s information.

Results of the RESHAPE Program may vary, and the RESHAPE Success Stories are provided for inspirational and motivational purposes only and may not be representative of your experience when incorporating certain RESHAPE principles into your daily lifestyle.

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