The terms and conditions below, apply to our website and other services, alongside our privacy policy. The words “services” and “members” are defined here as the OnTrack membership service and individuals (referenced through terms “you”, “your”) who make use of the service we provide. “Site” and “platform” are words that, in this context, refer to the Karen Martel Nutrition website. The terms and all applicable laws apply to your use of the services and site. The right to modify or replace any part of the Terms are reserved. You are responsible for checking the terms for changes. Any future services and/or features that are offered throughout the site will also be subject to these same terms. Through accessing and using the services and site provided by us, you are agreeing to these terms, and are therefore bound by them. If you do not agree with the terms provides, you should choose not to access or use the services or site.
Our Service
OnTrack and Ketogenic and HMR Meal Plans are an online membership that’s purpose is to provide meal plans and nutritional coaching to its users. The OnTrack service is not to be taken as medical advice. You should always ensure to contact your physician before making major changes to your diet or lifestyle. The individual is responsible for providing all the necessary technology that they will require for accessing our platform. No refunds will be offered due to your own technical issues. To sign up for the OnTrack or My Meal Plan membership, it is required that you can provide us with an accessible email address. The membership is a self-renewing service. By signing up, you are agreeing to authorize Karen Martel to charge your membership fees to your card every 1, 3 or 12 months, based on the membership plan you select. If you registered for the 3-month Transformation package please note there are no refunds and your membership will end in OnTrack community at the three-month mark from date of registration. If you would like to continue in the OnTrack group you will need to register again.
Payments & Refunds
A discount trial of the service is sometimes offered by Karen Martel. On signing up for a free or $1 trial, you are committing to the term you have chosen. Monthly, quarterly and yearly memberships will be billed on a recurring basis. When it reaches the end of your membership term, the card that we have on file for you will be automatically billed for the next term. Automatic billing will occur unless you have canceled your membership in a timely manner before the next billing date. Billing information can be located in the “ “account” section of the members hub. Refunds for late cancellations will not be offered. Refunds are not able to be offered for unused time of your membership. Membership can be canceled at any time using the “manage your account” section. On cancellation, your access to the platform will remain until the end of the term you have paid for and have been billed for. Please note that if you cancel before any FREE or $1 trial ends we will remove you immediately from the group. This helps to ensure that we protect our paid content and we will assume you do not wish to continue in the program. The OnTrack memberships come with a 14 day 100 % money back guarantee as long as you have not received access to any of our bonus programs. Bonus programs are Master Classes that come free with your membership. These master classes have the value of $100-$500 in order to protect our content we cannot give any refunds if you have had access to these programs within the first 2 weeks of joining. We do not refund due to you forgetting to cancel or downgrade your monthly, quarterly or yearly subscription on time. The 100% money back guarantee is only valid for the first 14 days of purchasing your OnTrack subscription. We do not offer any money back for our meal plan only memberships. Charges taken by Karen Martel are in American dollars and all payments made will be in American currency. We DO NOT offer a refund policy on any memberships that included a free trial or $1 for 30 days as our free and $1 trials have given enough time for members to see whether or not the program works for them. If you decide the program is not for you and cancel before the free/$1 trial ends your credit card will not be charged. We DO NOT offer any refunds for meal plan only memberships.
Your Content
“Content” here means any information, text or other materials that are uploaded and appear as part of the services on this site. You are the owner of all the content that you contribute to OnTrack.
Intellectual Property
Materials that appear on or are part of the services and site, including all software, design, text, editorial materials, informational text, photographs, illustrations, images, audio clips, video clips, other graphic materials, names, logos, trademarks and service marks are the property of OnTrack or Karen Martel Nutrition. These items are all protected by copyright, trademark, and other intellectual property law. The On Track and Karen Martel Nutrition names, designs, and related marks are all trademarks of Karen Martel Nutrition. Use of the On Track material outside of the Portable Document Format (PDF) file that is generated by the site, without successfully obtaining written consent is prohibited. The use of our photography, recipes and any other materials for marketing purposes is also prohibited.
Rules
Use of the service and site by you, the individual, must be in compliance with all the applicable laws and regulations. You will not: (i) use the service or site to distribute unauthorized advertising and promotion materials, junk mail or any other unsolicited (ii) return mailing and internet protocol addresses, or otherwise manipulating identifiers in order to disguise the origin of content (iii) impersonate any individual or entity, or engaged in any type of activity that is used to withhold your identity or contact information (iv) send threatening messages to others (v) spread viruses or another technology disabling mechanisms using the service or site (vi) use the service or site for any type of illegal purpose, or purpose that is in violation of any applicable laws and/or regulation (vii) make attempts to bypass or undermine security measures of the service or site or to obtain or bypass others’ passwords (vii) engaged in denial of service attacks, or take other action to impair
network access via flooding of the site with useless traffic. By agreeing to these terms and conditions you are agreeing that you yourself hold responsibility for your communications with other users of the site or service, and that you will no post or spread any content using the service or site that is seen to be: (i) unlawful, harassing, threatening, obscene, harmful, invasive or another persons privacy (ii) infringe or violate the copyright, trade-mark, trade secret, patent or other proprietary rights of any party. The following activities must not be undertaken and are prohibited to the extent that the applicable laws state: (i) use of the services or site for any illegal purpose, or any purpose that is in violation of any applicable laws or other regulations (ii) publish web pages that include links that trigger downloads of copyright-infringing or other illegal materials (iii) stalk others electronically (iv) engage in activities that violate the privacy rights of others, this includes the collection, usage and disclosure of any information about internet users without their permission. You should acknowledge and agree to the fact that you hold sole responsibility for your account and its security (e.g. of the password relating to the account). Additionally, you agree to promptly inform Karen Martel Nutrition of any unauthorized use of your account or password. These terms apply at all times. Violation of any of the above terms can result in your suspension for the service at the discretion of Karen Martel.
Responsibility
Karen Martel Nutrition cannot be held responsible for any content generated by service and site members. The service or site has the potential to contain content that is offensive or objectionable, as well as inaccuracies. All responsibility is disclaimed for any harm that may result from the use of, or reliance on, our site. The site may be found to contain links and/or other references to third party websites. These links are provided for user convenience only. The information, data, opinions, recommendations, products or services provided on these third party websites are solely those of said third parties and not of Karen Martel. The use of these third party websites is subject to the terms on condition provided by these such website themselves.
Changes
Karen Martel Nutrition reserves the right, at Karen Martel’s discretion, to modify, alter or replace any section of the terms without prior notice to service users. Your continued use of the service or site following any changes will be taken as notice of your consent to the changes made. It is your own responsibility to check for changes in the terms and conditions on a regular basis. If you do not agree to any modification or terms made, you must immediately discontinue your use of the site or service.
Disclaimer or Warranties
The site, service, their content, materials and any software, products or secondary services that are offered are provided to you on an “as is” basis and on an “as available” basis. Karen Martel Nutrition provides no representations, warranties, guarantees or conditions of any kind, whether expressed, legal, or implied. The site and service contents, materials, content provided by third parties, or other such software, links, tools, tips, products, functionalities, and services that are offered or contained within the service, and disclaims all representations, warranties, guarantees and conditions. This includes, without limitation, representations, warranties, guarantees and conditions of merchantable quality, quality or fitness for specific purpose, non-infringement of third party rights, error-free or uninterrupted service, accuracy, availability, reliability, security, currency and completeness included as part of or relating to the site, it’s content or any links, software, tools, tips, products, functionalities or services provided through the site. Additionally, Karen Martel Nutrition is not able to provide any representation, warranty, guarantee or condition that information given on or accessible by the site is accurate, complete or current. All representations, warranties, guarantees and conditions are disclaimed to the maximal extent to which is permitted
by applicable laws.
Nutritional Informational Disclaimer
Nutritional information is offered by On Track for the recipes that are contained on the site. The nutritional information provided is given out of courtesy and should not by considered as a guarantee by Karen Martel Nutrition. The information provided is a product of the USDA Food Composition Database (SR28). While Karen Martel Nutrition does endeavour to deliver you accurate information, the figures given should be considered as estimates. Factors such as the product types and the way in which ingredients are processed can cause variance in the effective nutritional information for the recipes. In order to obtain the most accurate nutritional information for any given recipe, you should make calculations using the actual ingredients used in your recreation of said recipe. The percentage daily values stated on the site are based on consumption of a 2000 calorie diet. Recipes included on the site have not been professionally evaluated and therefore nutritional values given may not be 100% accurate.
Limitations or Liabilities
There is no event in which Karen Martel Nutrition, its affiliates or any of their respective employees, agents, consultants or other representatives are liable for any direct, indirect, social, incidental, consequential, punitive or aggravated damages (this includes damages for loss of data, goodwill, income or profit, loss of or damage to property and third party claims) or damaged of any other kinds, that rev out of or in connection to the site or service; an Karen Martel Nutrition materials, information, qualifications or recommendations that appear on the site; any tools, tips, links, functionalities or services that are offered through, contained within, or advertised on the site; your account and its password; failure of performance, error, omission, interruption, defect, delay in operation, computer virus, communication line failure, theft, destruction or unauthorized access to, or alteration of, or inability to use the site whether or not this is arising from a breach of contract, tort, civil liability or otherwise. This applies even if Karen Martel Nutrition has been advised of the possibility of such damages. The exclusion of this liability will apply to the fullest extent to which it is permitted by law. You hereby acknowledge that you are fully liable for any damages resulting directly or indirectly from you use of the site or services and your content. Karen Martel Nutrition is not responsible for content created by yourself or by other users of the services or site. Please acknowledge that Karen Martel Nutrition is not liable for any libelous, defamatory, offensive or illegal conduct from other members or users or the site or service. Karen Martel Nutrition is not
responsible for content of third parties. The risk of injury, damage or ailment from the foregoing rests entirely with you, the user. You chose to use this service or site at your own risk.
Idemnification
You are agreeing to indemnify and hold harmless Karen Martel Nutrition and any of its affiliates and their respective employees, agents, mandatories or other representatives from and against all accusations, liability, damages and/or expenses. This includes, without limitation, all legal fees and costs that may arise in connection with your access to this site or service. This includes: (i) your own breach of the terms (ii) your own use of he services or site, including the transmission or placement of information or materials by you in relation to the services or site (iii) any claims or allegations that your content infringes the intellectual property, or other proprietary rights, of any third parties.
Termination
Karen Martel Nutrition reserves the right to at any time and at its own sole discretion to restrict or terminate your right to use the service or site.
Governing Law
The terms presented here will be governed by, construed and enforced in accordance with the laws of the Province of British Columbia. In each case, the laws of Canada are applicable therein. The parties irrevocably attorn to the jurisdiction of the courts of the Province or British Columbia.
General
These terms constitute your entire agreement with Karen Martel Nutrition with respect to your own use of the services or site. These terms supersede all agreements or understandings made previous. There is no case in which failure by Karen Martel Nutrition or you to exercise these rights, powers or remedies or delay to do so will act to waiver these rights, powers or remedies. The single or partial exercise of a right, power or remedy will not prevent its subsequent use or the use of any other right, power or remedy. If any provision or part of the given terms becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or un-enforceability of that particular provision will not act in anyway to effect the legality, validity or enforceability of the remainder of the provided terms. By using these services, you are agreeing to your understanding of these terms, and your understanding that these terms are only available in English.
