Please read this Agreement carefully to ensure you understand each provision. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
This Document contains the terms and conditions of your receipt and payment for Twin Hills Weight Loss, LLC goods and services and is subject to arbitration. THESE TERMS AND CONDITIONS APPLY TO ALL PURCHASES OF Twin Hills Weight Loss, LLC GOODS AND SERVICES.
We may update these Terms and Conditions from time to time in our sole discretion. The modified Terms and Conditions will be effective 30 days following posting and you agree to the new posted Terms and Conditions by continuing your use of the Site and/or placing an order. Each time you use the Site or place an order, you reaffirm your acceptance of the then-current Terms and Conditions, and your agreement to be bound hereby. You are responsible for staying informed of any changes and are expected to check this page from time to time so you are aware of any changes. If you do not agree with the modified Terms and Conditions, you should stop using the Site.
By using our Site, you represent that you have reached the age of at least 18 years and that you have the legal ability to accept these Terms and Conditions and to use the Site in accordance with these Terms and Conditions.
Important Health Information for Twin Hills Weight Loss, LLC Program
People with certain conditions may not use the Twin Hills Weight Loss, LLC program; these include, but are not limited to people who: (a) are pregnant or breast feeding, (b) have anorexia or bulimia, (c) have chronic kidney disease, or (d) have a condition requiring a gluten-free or ketogenic diet.
Children under 18 years of age may not be on the Twin Hills Weight Loss, LLC program. We recommend you consult your physician before beginning the Twin Hills Weight Loss, LLC program, or any other weight loss program, as changing your diet or exercise, or losing weight, may affect some medical conditions and medications. Anyone on insulin or diabetic medications who go on a low-calorie diet may be at risk of hypoglycemia (low blood sugar) if medications are not adjusted. Your physician may need to adjust your medications due to changes in your diet, exercise, or weight while on this program. You should also discuss your continued participation in the Twin Hills Weight Loss, LLC program with your physician if there is any change in your medical condition.
It is important to note that medical studies indicate that people 20 percent or more above their ideal weight are at increased risk of many illnesses or diseases, including coronary heart disease, heart attacks, diabetes, increased cholesterol levels, high blood pressure, strokes, gallbladder disease, kidney disease, neurological disorders, gout, osteoarthritis, and certain types of cancer. It is also important to be aware of certain risks that have been associated with weight loss. Any weight loss program may cause constipation, muscle cramps, dehydration, diarrhea, dizziness, dry or cold skin, fatigue, gallbladder inflammation or gallstones, gout, hair loss, headaches, heart palpitations, loss of lean body mass, irregular or stopping of menstruation, reduced tolerance to cold, as well as other possible side effects. Please be sure to eat all of the food that is recommended on the Twin Hills Weight Loss, LLC program. Failure to follow the program protocol and eat all of the food recommended may increase the risk of developing serious health complications.
Twin Hills Weight Loss, LLC products are sourced from quality ingredients free of any artificial colors, artificial flavors or artificial sweeteners.
2. A La Carte and Maintenance Plans
Twin Hills Weight Loss, LLC offers a variety of plans, including a la carte and maintenance, to its customers who are ready to take the next step in their weight loss journey. These comprehensive plans offer customers complete flexibility by allowing them to continue enjoying Twin Hills Weight Loss, LLC products along with the healthy recipes that have been part of our program. These plans offer a variety of options to customers who have reached their weight loss goals, or who may want to continue on the program but according to their lifestyle.
We reserve the right to modify, enhance, terminate or otherwise change particular plan benefits from time to time at our sole discretion.
3. Telephone Calls and Call Recording
Upon signing up for the program, you will be asked to provide us with a telephone number and e-mail address at which we can reach you. That number is required for shipping and so that Twin Hills Weight Loss, LLC can reach you with informational calls related to your transactions. These calls may be pre-recorded and auto-dialed and are related to the shipment and delivery of your products and payment reminders for your orders.
You may also opt-in to receive special offers from Twin Hills Weight Loss, LLC. If you do so, our trained Twin Hills Weight Loss, LLC weight loss specialists may call you using an automated dialing system.
All calls to and from Twin Hills Weight Loss, LLC may be monitored or recorded for quality and training purposes.
4. Your Responsibility to Protect Your Account
Twin Hills Weight Loss, LLC reserves the right to withdraw or amend this Site, and any service or material we provide on the Site, in its sole discretion without notice. Twin Hills Weight Loss, LLC will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, Twin Hills Weight Loss, LLC may restrict access to some parts of the Site, or the entire Site.
When you create an account, you will be asked to establish a password. You are entirely responsible for maintaining the confidentiality of your password. And you are entirely responsible for all activity made by you or anyone you allow to use your account. You agree to safeguard your account password from access by others. You agree to indemnify and hold harmless Twin Hills Weight Loss, LLC for losses incurred by Twin Hills Weight Loss, LLC or another party due to someone else using your account or password. Twin Hills Weight Loss, LLC has the right to disable any user name, password or other identifier, whether chosen by you or provided by Twin Hills Weight Loss, LLC at any time, in its sole discretion for any or no reason, if, in our opinion, you have violated any provisions of these Terms and Conditions.
Content Posted By You
Content posted by you includes, but is not limited to, posting on Twin Hills Weight Loss, LLC’s social media pages. These sites contain various pages where you and others may post content ("Sites"). You may only post content to the Sites that you created or which the owner of the content has given you permission to post. You may not post or distribute content that is illegal or that violates these Terms and Conditions. By posting or distributing content to the Sites, you represent and warrant that (a) you own all the rights to the content or are authorized to use and distribute the content to these Sites and (b) the content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation.
By submitting or posting content to the Sites, you grant Twin Hills Weight Loss, LLC, its affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote any posted content in any medium. Once you submit or post content to the Sites, Twin Hills Weight Loss, LLC will not give you any right to inspect or approve uses of such content or to compensate you for any such uses. Twin Hills Weight Loss, LLC owns all right, title, and interest in any compilation, collective work or other derivative work, whether or not created by Twin Hills Weight Loss, LLC, using or incorporating content posted to the Sites.
You should carefully choose the information you post on the Sites. Any content that you post to the Sites will be considered non-confidential and non-proprietary. You may not post the following items: telephone numbers, street addresses, last names, URLs to external sites, any form of HTML or programming code, or any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, or otherwise objectionable subject matter. You are solely responsible for anything you may post on these Sites and the consequences of posting anything on these Sites.
Twin Hills Weight Loss, LLC is not responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Sites.
Content Posted By Others
Twin Hills Weight Loss, LLC is not responsible for, and does not endorse, content in any posting made by others on the Sites. You are solely responsible for your reliance on anything posted by others on the Sites. Under no circumstances will Twin Hills Weight Loss, LLC be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you or any third party in connection with the use of or reliance of any content posted by a third party on the Sites.
Activities Prohibited on the Sites
The following is a partial list of the types of conduct that are illegal or prohibited on the Sites. Twin Hills Weight Loss, LLC reserves the right to investigate and take appropriate legal action against anyone who, in Twin Hills Weight Loss, LLC's sole discretion, engages in any of the prohibited activities on the Sites. Prohibited activities include, but are not limited to, the following:
• Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
• Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Twin Hills Weight Loss, LLC. Twin Hills Weight Loss, LLC takes no responsibility for monitoring such content or in evaluating it;
• Posting advertisements or solicitations of business;
• After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
• Posting chain letters or pyramid schemes;
• Impersonating another person;
• Distributing viruses or other harmful computer code which is malicious or technologically harmful;
• Harvesting or otherwise collecting information about others, including email addresses, without their consent;
• Allowing any other person or entity to use your identification for posting or viewing comments;
• Posting the same note more than once or "spamming;"
• Harassing, threatening, stalking, or abusing any person;
• Attempting to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites or Site, the server on which the Sites or Site is stored, or any server, computer or database connected to the Sites or Site; or
• Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Sites or Site, or which, in the sole discretion of Twin Hills Weight Loss, LLC exposes Twin Hills Weight Loss, LLC or any of its customers or suppliers to any liability or detriment of any type.
Monitoring and Enforcement; Termination
Twin Hills Weight Loss, LLC reserves the right, but is not obligated, to do any or all of the following:
• Record the dialogue or content posted on any pages of the Sites;
• Investigate an allegation that anything posted on the Sites does not conform to these Terms and Conditions and determine in its sole discretion to remove or request the removal of the posting;
• Remove postings which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions;
• Terminate your access to the Sites upon any breach of these Terms and Conditions (either directly or through breach of any other terms and conditions or operating rules applicable to you);
• Monitor, edit, or disclose any posting on the Sites; and
• Edit or delete any communications posted on the Sites, regardless of whether such communications violate these standards; or
• Twin Hills Weight Loss, LLC may disclose your information including personal identity and other personal information to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Without limiting the foregoing, Twin Hills Weight Loss, LLC has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Twin Hills Weight Loss, LLC to disclose the identity or other information of anyone posting any materials on or through the Site or any Sites. YOU WAIVE, AND HOLD HARMLESS TWIN HILLS WEIGHT LOSS, LLC FROM, ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TWIN HILLS WEIGHT LOSS, LLC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY OF TWIN HILLS WEIGHT LOSS, LLC , LAW ENFORCEMENT AUTHORITIES OR OTHER THIRD PARTIES.
Twin Hills Weight Loss, LLC does not undertake to review any materials before you have posted them on the Sites, and cannot ensure prompt removal of objectionable material after it has been posted. Twin Hills Weight Loss, LLC assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Twin Hills Weight Loss, LLC has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Twin Hills Weight Loss, LLC has the right to terminate your access to the Site or Sites for any reason without limitation, if Twin Hills Weight Loss, LLC considers your use to be unacceptable and can do so without a warning of termination prior to doing so.
The entire contents of the Site or Sites are the property of Twin Hills Weight Loss, LLC. This includes works which may be property of other members. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Site or Sites solely for your own personal use.
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Twin Hills Weight Loss, LLC or its affiliates.
These Terms and Conditions permit you access to the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site.
You must not modify copies of any materials from the Site; use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and delete or alter any proprietary rights notices from copies of materials from the Site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms and Conditions, your right to use the Site will cease immediately.
6. Changes to the Site
Twin Hills Weight Loss, LLC may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and Twin Hills Weight Loss, LLC is under no obligation to update such material.
Information About You and Your Visits to the Site
Online Purchases and Other Terms and Conditions
All purchases through this Site or other transactions for the sale of goods or services or information formed through the Site or as a result of visits made by you are governed by these Terms and Conditions.
Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.
Links from the Site
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Twin Hills Weight Loss, LLC has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Twin Hills Weight Loss, LLC may disable all or any social media features and any links at any time without notice at our discretion.
The Sites and/or Site and the content are provided on an "as is" and "as available" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, TWIN HILLS WEIGHT LOSS, LLC, ITS LICENSORS, AND ITS 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. Twin Hills Weight Loss, LLC makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Sites and/or Site. Twin Hills Weight Loss, LLC cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Twin Hills Weight Loss, LLC cannot and does not guarantee or warrant that files available for downloading from these Sites and/or Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Twin Hills Weight Loss, LLC cannot and does not guarantee or warrant that any content you post on the Sites will remain on the Sites because Twin Hills Weight Loss, LLC can at anytime remove such material at their sole discretion. Twin Hills Weight Loss, LLC does not warrant or guarantee that the functions or services performed on the Sites and/or Site will be uninterrupted or error-free or that defects in the Sites and/or Site will be corrected.
The Sites and/or Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Twin Hills Weight Loss, LLC, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Twin Hills Weight Loss, LLC Twin Hills Weight Loss, LLC is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Limitation of Liability
TWIN HILLS WEIGHT LOSS, LLC’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH TWIN HILLS WEIGHT LOSS, LLC IS TO DISCONTINUE YOUR USE OF THE SITE. TWIN HILLS WEIGHT LOSS, LLC AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES AND/OR SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITES AND/OR SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF TWIN HILLS WEIGHT LOSS, LLC HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TWIN HILLS WEIGHT LOSS, LLC AND ITS VENDORS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold Twin Hills Weight Loss, LLC, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or your use of the Sites and/or Site, including, but not limited to, any content that you may post, any use of the Sites’ and/or Site’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Sites and/or Site.
7. Resolving Disputes — Arbitration
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our customer service department the phone number listed on our contact us page. If Twin Hills Weight Loss, LLC’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if Twin Hills Weight Loss, LLC has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
As a first step action all disputes or claims that arise under or relate to these Terms and Conditions (whether in contract, tort or otherwise, whether past, pre-existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) will be issued to an individual arbitrator. In any dispute, NEITHER CUSTOMER NOR TWIN HILLS WEIGHT LOSS, LLC SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. This transaction and the arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).
Waiver and Severability
No waiver by Twin Hills Weight Loss, LLC of any of the terms and conditions set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Twin Hills Weight Loss, LLC to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws rules.
Twin Hills Weight Loss, LLC may deliver notice to you under these Terms and Conditions 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 Twin Hills Weight Loss, LLC account. You may give notice to Twin Hills Weight Loss, LLC at any time via electronic mail or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the address listed on the contact us page.