TERMS OF USE

Last Updated: August 30, 2022

These Terms of Use (the “Terms”) constitute a legally-binding agreement between you and The Galveston Diet, LLC (“TGD,” “we,” “us,” or “our”) governing your use of the TGD websites, content, products, and services, including the content, products, and services made available through third-party websites such as teachable.com (collectively, the “Services”), which are made available in the United States by TGD.

By using the Services, you expressly acknowledge that you understand these Terms (including the dispute resolution and arbitration provisions in Section 10 herein) and accept and agree to be bound by them and by TGD’s [PRIVACY POLICY]. If you do not agree to these Terms or to TGD’s Privacy Policy, you must immediately cease your use of the Services.

IMPORTANT NOTICE: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND TGD HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS REQUIRE YOU TO RESOLVE DISPUTES WITH TGD ON AN INDIVIDUAL BASIS, NOT AS PART OF A CLASS, AND THROUGH FINAL AND BINDING ARBITRATION. BY ACCEPTING THESE TERMS AND ENTERING INTO THIS AGREEMENT WITH TGD, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE PROVISIONS OF THESE TERMS.


1. Access and Use of the Service

A. Accounts.

To receive the comprehensive diet program services provided by TGD through teachable.com, or to gain access to other Services as applicable, you must register for and maintain an active personal user account (“Account”). Account registration requires you to submit certain personal information to TGD and/or teachable.com, such as your name, address, mobile phone number, email address, and age. Further, you must maintain at least one valid payment method supported by TGD and/or teachable.com.

You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to so maintain your Account information may result in your inability to access, use, or receive Services.

You are solely responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You may not assign or otherwise transfer your Account to any other person or entity.

Each person may only create a single Account, and TGD reserves the right to temporarily or permanently deactivate any additional or duplicate accounts.

B.Eligibility.

The Services may only be used by individuals who have the right and authority to enter into a legally-binding agreement, such as these Terms, and who are fully able and competent to satisfy the terms, conditions, and obligations herein. The Services are not available to anyone who has had an Account temporarily or permanently deactivated.

By using these Services, you represent and warrant that you are at least 18 years of age. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive any Services through your Account. TGD does not knowingly or intentionally collect personal information from children under the age of 13. The content of the TGD Services is directed at adults. If you are under the age of 13, you may not submit any personal information to TGD. If you discover that a child under the age of 13 has submitted personal information to TGD, please notify us immediately at [email protected].

C. Text Messaging, Phone Calls, and Related Charges.

By providing TGD with your phone number, you agree that TGD may contact you via text or SMS message to verify your phone number.

Standard text messaging charges applied by your phone provider will apply to text messages sent by TGD. Further, your mobile network’s data and messaging rates may apply if you access or use the Services from your device.

D. Network Access and Devices.

You are solely responsible for obtaining the data network access necessary to use the Services, as well as for acquiring and updating compatible software or hardware necessary to use the Services. TGD does not guarantee that the Services, or any portion thereof, will function on any particular software or hardware or any particular combination thereof.

The Services may be subject to malfunctions and delays inherent in the use of Internet and electronic communications. TGD does not warrant or guarantee that the Services will be available at any particular time or location.


2. Fees and Payment

You acknowledge and understand that use of the Services may result in charges to you, in exchange for the Services you receive (“Charges”) through TGD’s site and/or TGD’s teachable.com page. Charges as described in these Terms are inclusive of any fees, surcharges, and applicable taxes. TGD reserves the right to establish, remove, and/or revise Charges related to any and all of its Services at any time, at its sole discretion. TGD will use reasonable efforts to inform you of Charges that may apply to the Services; however, you are responsible for any Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.

A.Payment Provisions.

a. Payment Authorization. When you create an Account, before you may receive certain Services from TGD, you may be prompted to provide TGD with a payment method that will be used to pay any Charges owed. To verify a new payment method, ensure that the cost of TGD’s Services will be covered, to protect against unauthorized behavior, and otherwise as reasonably necessary, TGD may seek an authorization against your payment method on file. This authorization is not a charge; however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of authorization exceed the total funds on deposit in your account, you may be subject to overdraft or other charges by your bank. TGD is not responsible for these charges, and is unable to assist you in recovering them from your bank.

b. Primary and Secondary Payment Methods. All Charges will be made to the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that TGD may use any available secondary payment method in your Account.

c. Third-Party Processors. All Charges will be facilitated through a third-party payment processor, as communicated to you prior to any initial payment by you. TGD may replace its payment processor at any time without prior notice to you.

d. No Refunds. All Charges are final and non-refundable, unless otherwise determined at TGD’s sole discretion. This policy applies at all times, regardless of your decision to terminate your use of the Services.

e. Promotional Pricing. You may receive coupons or other forms of promotional pricing that you can apply towards your payment of certain Charges. Any coupons received are not transferable or redeemable for cash, except where required by law. Coupons cannot be combined. If the cost of your ride exceeds the credit provided by a coupon, your payment method on file will be charged for the remaining amount. Additional restrictions to coupons or promotional pricing may apply, as communicated to you in connection with the relevant coupon or promotion.


3. Your Information

Your information will be collected, stored, processed, and used according to the terms in our [PRIVACY POLICY]. It is your responsibility to review and understand our Privacy Policy to understand how your information is handled by TGD.

If you do not wish to review our Privacy Policy, or if you do not agree to the handling of your information as described therein, please immediately discontinue your use of the Services.


4. Consent to Monitor

By using the Services, you consent to TGD’s monitoring of your activity on the Services. Communications made using the Services should not be considered private, and TGD may monitor and/or record your communications (including, without limitation, any text messages sent to a driver) on or through the Services. You acknowledge and agree that you have no expectation of privacy concerning any transmission you send through the Services, and you expressly consent to such monitoring and recording.

Please see our [PRIVACY POLICY] for more information regarding information that we may collect through the Services.


5. Restricted Activities

With respect to your participation in the Services, you agree that you will not:

  • Impersonate any other person or entity;
  • Discriminate against or harass anyone one the basis of race, national origin, religion, gender, gender identity, sexual orientation, physical or mental disability, medical condition, marital status, or age;
  • Interact with the Services in a manner which is fraudulent, libelous, abusive, threatening, obscene, profane, sexually-oriented, or harassing;
  • Violate any law, statute, rule, permit, ordinance, court order, or regulation;
  • Use the Services in any way (including by providing any Customer Content) that infringes on any third party’s rights, including but not limited to rights in copyright, trademark, or patent, trade secret rights, other intellectual property rights, or rights of publicity or privacy;
  • Post, email, or otherwise transmit any malicious code, file, or programs designed to interrupt, damage, destroy, or limit the functionality of the Services or of any computer software, hardware, or telecommunications equipment, or surreptitiously intercept or expropriate any system, data, or information;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transferred through the Services;
  • “Frame” or “mirror” any part of the Services, without our prior written authorization to do so;
  • Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks, or otherwise unduly burden or hinder the operation and/or functionality of any aspect of the Services;
  • Modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Services;
  • Launch any programs or scripts for the purpose of scraping, indexing, surveying, or “data mining” any portion of the Services, or otherwise causing any such programs or scripts to engage in any similar activity;
  • Rent, lease, lend, sell, redistribute, reproduce, modify, prepare derivative works based upon, publicly display, publicly perform broadcast, license, or sublicense the Services or access to any portion of the Services;
  • Otherwise exploit the Services, except as expressly permitted by TGD;
  • Transfer or sell your Account information or the information of any other user of the Services to any other party;
  • Link directly or indirectly to any other websites in any part of the Services, including but not limited to on your Account page;
  • Violate any of the rules set forth herein or in any other TGD policy document; or
  • Cause any third party to engage in the restricted activities above.


6. Term and Termination

The license granted under these Terms is effective until terminated by you or TGD. Your rights under this Agreement will terminate automatically without notice from TGD if you fail to comply with any of the provisions herein or with the provisions of any other applicable TGD policy. Upon termination of the license, you must cease all use of the Services. Further, TGD reserves the right to terminate these Terms without cause, effective on immediate written notice. Provisions of these Terms may survive termination, as indicated herein.


7. Health Disclaimer

WE DO NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. THE SERVICES PROVIDED BY THE TGD WEBSITES, INCLUDING CONTENT PROVIDED ON TEACHABLE.COM, DO NOT CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED BY YOUR USE OF THE SERVICES. IF YOU THINK YOU ARE HAVING A MEDICAL EMERGENCY, PLEASE CALL 911.

The TGD weight management content was developed by respected health professionals; however, TGD is not a medical organization. This means that we cannot give you any medical advice or a medical diagnosis. Nothing contained on the TGD website, TGD teachable.com page, or any other TGD Services should be construed as such medical advice or diagnosis. Any personalized weight loss management content you receive should not be interpreted as a substitute for physician consultation, evaluation, or treatment.

You are urged and advised to seek the advice of a physician before beginning any plan that could result in weight loss, even if weight loss is not your goal. This is especially important if you are being treated for a medical condition, taking prescription medication, or following a therapeutic diet to treat a disease. Any modifications made to TGD’s weight management plan by your health care provider should be followed, and you should never disregard medical advice or delay in seeking it because of anything you see in or on the TGD Services.

We also urge you to get periodic medical checkups. Weight loss can create physical changes that should be medically monitored, especially if you have any pre-existing health conditions. TGD’s weight management content encourages a healthier pattern of eating and the development of healthy lifestyle habits; however, it is not intended to treat any illness or disease.

The TGD Services are intended for use only by healthy adults, and not by minors, pregnant women, individuals with eating disorders, or individuals with other health conditions that could affect their ability to safely participate in TGD’s weight management program.


8. Additional Disclaimers and Limitation of Liability

TGD AND ITS AGENTS AND AFFILIATES MAKE NO REPRESENTATIONS REGARDING THE RELIABILITY, ACCURACY, OR TIMELINESS OF THE INFORMATION, PRODUCTS, OR SERVICES CONTAINED ON ITS WEBSITE OR RELATED TO ANY OF THE SERVICES. ALL INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “WHERE IS” WITHOUT WARRANTY OF ANY KIND. TGD AND ITS AGENTS AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL TGD OR ITS AGENTS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES WHATSOEVER.

TGD AND ITS AGENTS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF USE IN ANY WAY CONNECTED TO THE SERVICES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF TGD IS LIMITED TO PAYMENTS BY YOU TO TGD.

WHILE SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE EXTENT PERMITTED BY LAW, TGD EXCLUDES ALL WARRANTIES.

TGD IS NOT RESPONSIBLE FOR ANY LINKS TO AND FROM ANY OF THE SERVICES. ALL RESPONSIBILITY AND LIABILITY, IF ANY, FOR ANY LINKED CONTENT LIES SOLELY WITH THE OPERATORS OF SAID LINKED CONTENT.

This Section 8 shall survive any termination of these Terms.


9. Indemnification

You agree to indemnify and hold harmless TGD and its affiliates, agents, parents, subsidiaries, employees, drivers, officers, directors, shareholders, other officials, suppliers, vendors, successors and assigns from any claim, suit or action arising from or related to: (i) your use of the Services; (ii) your breach or violation of these Terms; (iii) your violation of any applicable law, rule, or regulation; or (iv) any allegation that any materials that you submit or transmit through the Services or to TGD infringe or otherwise violate an intellectual property right of a third party. This indemnification shall apply to any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees. This indemnity shall apply regardless of the negligence of any party, including any indemnified person or entity.

TGD reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with TGD’s defense of such claim.

This Section 9 shall survive any termination of these Terms.


10. Dispute Resolution and Arbitration Agreement; Waiver of Jury Trial

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION AFFECTS YOUR LEGAL RIGHTS RELATING TO YOUR USE OF THE SERVICES, INCLUDING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO FILE LAWSUIT IN COURT.

BY AGREEING TO THESE TERMS, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST TGD ON AN INDIVIDUAL BASIS IN ARBITRATION, AS SET FORTH HEREIN. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST TGD. THIS WILL ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST TGD BY SOMEONE ELSE.

TGD’s Customer Service department is available at [email protected] to address any concerns you may have about the Services. Both you and TGD agree to use your best efforts to resolve any question, dispute, claim, or other disagreement directly through consultation and good faith efforts by using these Customer Service contacts. Where permitted by law, engaging in this initial dispute resolution process is a precondition to either party initiating a lawsuit, where permitted, or an arbitration proceeding.

You and TGD agree that any dispute, claim, or controversy arising out of or relating to either (i) these Terms or (ii) your access or use of the Services at any time (whether before or after the date you agreed to these Terms) that cannot be settled by a good faith attempt at dispute resolution, as described above, within thirty (30) days of initiating such initial dispute resolution process will be settled by binding arbitration between you and TGD, and not in a court of law.

This binding arbitration will be administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitration Rules, as appropriate, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or in relation to the interpretation, applicability, enforceability, or formation of these Terms, including without limitation any claim that all or any part of these Terms is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, where permitted by these Terms. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

The JAMS Rules governing the arbitration may be accessed at http://www.jamsadr.com/ or by calling JAMS at (800) 352-5267. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Comprehensive Arbitration Rules, but shall not incorporate the JAMS Class Action Procedures, and, to the extent applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, TGD will pay the additional cost.

Arbitration shall take place within Los Angeles County, California, U.S.A. You and TGD agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California, U.S.A., in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

You acknowledge and agree that you and TGD are each waiving the right to a trial by jury, as well as the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and TGD otherwise agree in writing, any arbitration will be conducted only on an individual basis, and not in a class, collective, consolidated, or representative proceeding. However, you and TGD each retain the right to bring an individual action in small claims court, as well as the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a copyright, trademark, trade secret, patent, or other intellectual property right.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

This Section 10 shall survive any termination of these Terms.


11. Copyright Notice

We respect the intellectual property rights of others, and we expect the users of our Services to do the same. If you believe that any content appearing in the TGD Services has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent at [email protected]:

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TGD to locate the material. Please provide a URL, where available.
  • Information reasonably sufficient to permit TGD to contact you, such as an address, telephone number, and, if available, an email address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Your physical or electronic signature, as a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please be aware that to be effective, your copyright infringement notice must comply with the Digital Millennium Copyright Act (the “DMCA”). You are encouraged to review 17 U.S.C. § 512(c)(3) and/or consult with an attorney prior to sending a notice.


12. Intellectual Property and Ownership

All title, ownership, and intellectual property rights in and to the Services (including, but not limited to, any titles, trademarks, service marks, trade names, computer code, themes, objects, concepts, artwork, animations, sounds, methods of operation, moral rights, and any related documentation) are owned by TGD. The Services are licensed, not sold, for your use. Your license confers no title or ownership in the Services and should not be construed as a sale of any rights in the Services. You are not permitted to reproduce any portion of the Services in any form or by any means other than as permitted under the license described herein.

YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN THE LICENSE GRANTED TO YOU BY THIS AGREEMENT, YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY SERVICES, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL RIGHTS IN AND TO SUCH SERVICES ARE AND SHALL BE FOREVER OWNED BY AND INURE TO THE BENEFIT OF TGD.

Further, TGD may permit you from time to time to submit, upload, publish, or otherwise make available to TGD certain content and information. This may include, but is not limited to, commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“Customer Content”). Any Customer Content provided by you remains your property. However, by providing said Customer Content to TGD, you grant TGD with a worldwide, perpetual, irrevocable, transferable, royalty-free license—with the right to sublicense—to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Customer Content in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any person or entity. By providing the Customer Content, you represent and warrant that: (i) you are the sole and exclusive owner of all Customer Content, and (ii) neither the Customer Content, nor your submission, uploading, publishing, or otherwise making available of such Customer Content, nor TGD’s use of the Customer Content as permitted herein, will infringe, misappropriate, or violate any third party’s intellectual property or proprietary rights or any rights of publicity or privacy, or result in the violation of any appliable law or regulation.

13. General

A. Notices

You consent to TGD providing you via email with notifications about the Services that the law requires us to provide. TGD will use the email address that you specified at time of registration. Notices emailed to you will be deemed given and received when the email is sent. If you do not consent to receiving these electronic notices, then you must stop using the Services and uninstall the App. For any Services that do not require you to provide an email address to access, then notices and other information may be made available in updates to these Terms, the Privacy Policy, or any other applicable posted agreement, notice, or policy.

B. Force Majeure

TGD shall not be liable for any delay or failure to perform resulting from unforeseen circumstances or causes outside of TGD’s reasonable control, including without limitation “acts of God,” war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, or natural disasters.

C. Severability

In the event any provision of these Terms is determined to be invalid, illegal or otherwise unenforceable, such provision shall be deemed to have been deleted from the Terms. The remainder of the Terms shall remain in full force and effect according to its terms.

D. Survival

Any sections that by their terms apply after these Terms are terminated will survive any termination or cancellation of these Terms.

E. Assignment and Transfer

TGD may assign these Terms, in whole or in part, at any time, without notice to you. You may not assign or transfer any rights to use the Services.

F. Jurisdiction and Venue

These Terms are governed by the laws of the United States of America and of the State of California without regard to conflict of law provisions thereof. You irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts in and for Los Angeles County, California, U.S.A., in all disputes arising out of, or relating to, use of these Services that are subject to exceptions to the arbitration agreement described herein, or which are otherwise determined not to be arbitrable. Any arbitration proceeding shall be governed by the terms of Section 10 herein.

Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of the terms, conditions and notices of this Website and this Agreement, including this paragraph. You are solely responsible for compliance with all applicable local laws.

G. Equitable Remedies

By using the Services, you acknowledge and agree that TGD would be irreparably if you do not follow the requirements in these Terms. Therefore, you agree that TGD is entitled—without proof of damages, bond, or other security—to specific enforcement of these Terms and any other appropriate equitable remedies, in addition to any other remedies that may be available to TGD under applicable law.

H. No Waiver

TGD’s waiver of any provision of this Agreement shall not be deemed to waive it for the future.

I. Entire Understanding

These Terms contain the entire understanding and agreement of the parties with respect to the use and provision of the Services. The Terms supersede all prior oral or written understandings and agreements on this matter.

J. Modification

TGD reserves the right to modify these Terms, and such modifications are binding on you only upon your acceptance of the modified Terms. TGD also reserves the right to modify any information on any pages referenced in these Terms and/or hyperlinked from these terms, and these modifications will be effective upon posting. Continued use of the Services after any such modifications will constitute your consent to the modifications. Unless material changes are made to the dispute resolution and arbitration provisions in these Terms, you agree that a modification of these Terms does not create a renewed opportunity to opt out of arbitration.