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
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.
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
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.
NOTICE AND CONTACT INFORMATION
Kathy Smith Lifestyles
PO Box 680691
Park City, UT 84068
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.
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.
SUBSCRIPTION SERVICES (kathysmithreshape.com) (as applicable)
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
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.
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.
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 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.