Terms of Service

This website (the “Site”) is owned and operated by Emily Kichler or “foodfreedomsolution.com” (“Emily Kichler,” “me” or “I”). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, my Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from Emily Kichler. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

I reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case I will post the revised Terms of Service on this website. By continuing to use the Site after I post any such changes, you accept the Terms of Service, as modified.

General Disclaimer

All information on this website is provided by Emily Kichler, Registered Dietitian, or dietetic interns under my supervision. I have done my best to ensure that the information provided on this Site and the resources available for download are accurate and provide valuable information, but I cannot guarantee the accuracy of the information. Emily Kichler shall not be held liable or responsible for any errors or omissions on this Site or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

By using this Site, you accept personal responsibility for the results of your actions.  You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Site or the resources available for download from this Site. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Site.

The information contained on this Site and the resources available for download through this Site are for educational and informational purposes only. ​The information contained on this Site and the resources available for download through this Site is not intended as, and shall not be understood or construed as medical, health, or any other professional advice.

You agree that Emily Kichler has not made any guarantees about the results of taking any action, whether recommended on this Site or not. Foodfreedomsolution.com provides educational and informational resources that are intended to help users of this Site succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Emily Kichler. You also recognize that prior results do not guarantee a similar outcome.  Thus, the results obtained by others – whether clients of Emily Kichler or otherwise – applying the principles set out in this Site are no guarantee that you or any other person or entity will be able to obtain similar results. The Site disclaims liability for incidental or consequential damages and assume no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Site. The Site assumes or undertake no liability for any loss or damage suffered as a result of the use of any information found on the Site.

 

You understand that a Registered Dietitian is providing the services. You understand that these services are provided without a health examination and without prior discussion of your health condition. You understand that in no way will Online Programs or Services provide medical advice, and that no medical advice is contained within this site or the services provided. This Website does not claim to cure, prevent, diagnose, or treat any nutrition-related disease or health condition. Always consult a qualified healthcare professional before changing your diet or medications or beginning any exercise routine.

Email And Other Electronic Communications

Visiting the Website or sending emails to Emily Kichler constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that I provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

I would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to Emily Kichler. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship.  As set forth more fully in our Privacy Policy, I will take reasonable steps to ensure that any communications remain confidential, but I cannot guarantee the security of such communications and cannot guarantee that I would not be required to disclose such communications as a result of a court order.

Intellectual Property Rights

Our Limited License to You

This Site and all the materials available on the Site, such as text, graphics, logos, images, as well as the compilation thereof, are the property of Emily Kichler, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of my rights or that has not been authorized by me. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us

By posting or submitting any material (including, without limitation, comments, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to Emily Kichler via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge that Emily Kichler has the right but not the obligation to use and display any postings or contributions of any kind and that Emily Kichler may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on Linking and Framing.

You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by Emily Kichler or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of my material, content or intellectual property.

Disclaimers

Throughout the Site, I may provide links and pointers to Internet sites maintained by third parties. My linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, I do not operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by me on the Site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Emily Kichler. Neither Emily Kichler nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Emily Kichler neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized Emily Kichler representative while acting in his/her official capacity.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY EMILY KICHLER AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, I DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. I DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

I DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless Emily Kichler, its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Online Commerce

Emily Kichler from time-to-time provides various courses, programs, and associated material for sale on this Site. Emily Kichler grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner. By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of Emily Kichler.

By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. Sharing of purchases is not permitted and will be considered unauthorized, an infringing use of our copyrighted material, and may subject violators to liability.

If payment for a course is declined, my system will automatically disable access to our premium materials. (I understand. This usually happens because a credit card expires.) I want to help restore your access, so I’ll make every attempt to contact you to help resolve this issue. Once the billing issue is resolved, I’ll restore access.

Interactive Features

This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to me and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. I do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

● Restrict or inhibit any other user from using and enjoying the Site.

● Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

● Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.

● Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

● Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.

● Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.

● Use the Site to post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law.

● Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.

● Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.

● Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.

● Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.

● Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

Emily Kichler may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to the message boards, chats or other public forums in the future. Emily Kichler or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centres for users and subscribers. Information and content posted within these public forums may be provided by Emily Kichler staff, Emily Kichler’s outside contributors, or by users not connected with Emily Kichler, some of whom may employ anonymous user names. Emily Kichler expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor am I responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will I, my affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Emily Kichler or any of its subsidiaries or affiliates.

Emily Kichler has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that I have the absolute right to monitor the same at my sole discretion. In addition, I reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect myself, my clients, sponsors, users and visitors.

I occasionally include access to an online community as part of my programs. I want every single member to add value to the group. My goal is to make your community the most valuable community you’re a member of. Therefore, I reserve the right to remove anyone at any time. I rarely do this, but I want to let you know how seriously I take my communities.

Registration

To access certain features of the Site, I may ask you to provide certain demographic information including your gender, year of birth, postal code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with me on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If I have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, I have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). My use of any personally identifiable information you provide to me as part of the registration process is governed by the terms of my Privacy Policy.

Passwords

To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify me immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. I cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Refund Policy

All sales are final, and Emily Kichler does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.

Limitation of Liability

YOU AGREE TO ABSOLVE  EMILY KICHLER OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE.  YOU AGREE THAT EMILY KICHLER SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE.

THE INFORMATION, PROGRAMS, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EMILY KICHLER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.

EMILY KICHLER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. EMILY KICHLER AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EMILY KICHLER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TEMILY KICHLER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Termination

I may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

This Agreement shall be binding upon and inure to the benefit of Emily Kichler and my respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of Emily Kichler. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by Emily Kichler to any affiliated entity or any of its wholly owned subsidiaries.

These Terms of Use shall be governed by and construed in accordance with the laws of Ontario, Canada and any dispute shall be subject to binding arbitration in ­­­Ontario, Canada. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Disclaimer

Although it is highly unlikely, This policy may be changed at any time at our discretion. If we should update this policy, we will post the updates to this page on our Website.

If you have any questions or concerns regarding our privacy policy please direct them to:  emily@foodfreedomsolution.com