Terms & Conditions
Please read the following Disclaimer for use of this Gary S. Grossman Ph.D’s website(s), book and coaching programs. All representations set forth herein apply to Gary S. Grossman Ph.D., You Didn’t Get Fat From Breathing™, Mindset Over Weight™ and "Get Your Head Out of Your "BuT!"hereinafter, individually and collectively referred to “we”, “us”, “our” and “company”.
By entering this website and/or purchasing and/or using our blog, e-mails, programs, services, and/or products, you are agreeing to accept all parts of this disclaimer. Thus, if you do not agree to the disclaimer below, STOP now, as I kindly request that you do not use our website, blog, e-mails, programs, services, or products.
For Educational and Informational Purposes Only. The information contained in our website(s), blog, guest blogs, e-mails, programs, services and/or products is for educational and informational purposes only, and is made available to you as self-help tools for your own use. While we draw on our prior professional expertise and background in business and other areas, you acknowledge that I am supporting you in my role exclusively as a health, wellness or personal development coach. My team and I provide information concerning, but not limited to, the maximizing of human health and optimizing wellness.
Not Medical Advice. The information contained in this website or provided through our blog, e-mails, programs, services or products is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your physician, therapist, licensed dietitian or nutritionist, or any other health care professional. We are not medical health practitioners or mental health providers and we are not in any capacity holding ourselves out to be such. We are not providing health care, medical or nutrition therapy services, or attempting to diagnose, treat or cure in any manner whatsoever any disease, condition or other physical or mental ailment of the human body. Rather, we serve as coaches, mentors and guides who help you reach your own health and wellness goals through implementing incremental, positive, healthy, sustainable lifestyle changes that help you live and thrive using simple methods.
Consult Your Physician or Health Care Provider. Our intent is NOT to replace any relationship that exists, or should exist, between you and a medical doctor or other health care professional. Always seek the advice of your physician or another qualified health care professional regarding any questions or concerns you have about your specific health situation, possible or actual pregnancy, known or suspected food sensitivities or allergies, dietary restrictions, or any medications you are currently taking. We advise you to speak with your own physician before implementing any suggestions from our website, blog, e-mails, programs, services and/or products or participating in any other aspect of a food, diet, exercise or lifestyle program. Do not disregard professional medical advice or delay seeking professional advice because of information you have read on our website(s) or received from us. Do not stop taking any medications without speaking to your physician or health care professional. If you have or suspect that you have a medical problem, contact your health care provider promptly.
Not Evaluated by the FDA. The information contained on this website or provided through our blog, e-mails, programs, services, and/or products has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease, or to be considered medical or psychological advice.
Personal Responsibility. We aim to accurately represent the information provided on our website, blog, e-mails, programs, services, and products. You are acknowledging that you are participating voluntarily in using our website or blog or in any of our e-mails, programs, services, and/or products, and you alone are solely and personally responsible for the results. You acknowledge that you take full responsibility for your health, life and well-being, as well as the health, lives and well-being of your family and children (where applicable), and for all decisions made by you now or in the future.
No Guarantees. Our role is to support and assist you in reaching your goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. We cannot and do not guarantee that you will attain a particular result, and you understand that results differ by each individual. As with any health-related program or service, your results may vary, and will be based on many variables, including but not limited to, your individual capacity, life experience, unique health and genetic profile, starting point, expertise, and level of commitment.
Client Stories. We present real world experiences, examples, testimonials, photos, and insights about other people’s experiences for purposes of illustration only. They are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these client stories represent what is possible with our programs, services, and/or products. Each of these unique stories, and any and all results reported in these stories by our clients, are the culmination of numerous variables, some of which we cannot control.
Assumption of Risk. There are sometimes unknown individual risks and circumstances that can arise during use of our programs, services and/or products that can influence or reduce results. We are not responsible for your personal actions or choices before, during or after any of our programs, services and/or products. You understand that any use of any product, recipe, suggestion, or recommendation is at your own risk, with no liability on our part. You accept full responsibility for your use, or non-use, of any information provided by us through any means whatsoever. Your use, or non-use, of this information is at your own risk, and you absolve us of any liability or loss that you, or your family or children (if applicable) or any other person, may incur from your or their use or non-use of the information provided. If you have any concerns, please consult a physician.
We do not assume liability for accidents, delays, injuries, loss or damage due to any act or default of any company, organization, or person engaged in rendering services or carrying out arrangements, tours, or educational sessions in any location, including but not limited to, any health food store, grocery store, yoga, martial arts or fitness studio, cooking class, private home, restaurant, company/business, or outdoor setting. If you use the information provided through our website, blog, e-mails, programs, services, and/or products, we assume no responsibility.
Although every effort is made to ensure the accuracy of published information on or through our website, blog, e-mails, programs, services and products, the information may inadvertently contain inaccuracies or typographical errors. We are not responsible for the views, opinions, or accuracy of facts referenced in our website, blog, e-mails, programs, services, and products. While every effort has been made to present you with the most accurate, up-to-date information, we are not responsible for the accuracy of our content.
Release of Claims. We are not responsible in any way for the information that you request or receive through or on our website, blog, e-mails, programs, services and/or products. In no event will we be liable to any party for any loss or damages, including but not limited to direct, indirect, special, incidental, equitable or consequential damages, lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information or any other loss, malady, disease or difficulty arising out of the use of or reliance on this website or blog, e-mails, programs, services, and/or products, even if we are expressly advised of the possibility of such damages or difficulties.
No Warranties. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, SERVICES, AND PRODUCTS INCLUDED ON THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EQUITABLE, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES.
External Links. Reference or links in this website, blog, e-mails, programs, services or products to any other business or entity’s information, opinions, advice, programs, services, or products do not constitute our endorsement or recommendation. We are not responsible for the contents of any web pages, companies or persons linked or referenced in this site. By using our website, blog, e-mails, or any of our programs, services, and/or products, you implicitly signify your agreement to all parts of the above disclaimer.
Refunds: Due to the digital nature of my products, all digital/downloadable products are non-refundable after you receive Lesson 2 of the program. No exceptions. If you have any questions about these programs and products, please contact me before purchasing the product.
User’s continued reading and use of this website indicates User’s acceptance of these Terms and Conditions. IF YOU DO NOT AGREE TO THE PREVIOUS TERMS AND CONDITIONS, PLEASE KINDLY EXIT www.garysgrossmanphd.com, www.youdidntgetfatfrombreathing.com or www.mindsetoverweight.com
TERMS AND CONDITIONS for PRODUCTS and PROGRAMS – MINDSET!/Weight™ or You Didn’t get FAT from Breathing™ and other DOWNLOADABLE PROGRAMS (the “Program”) available on my website(s).
Program Use and Consent
This Program is owned and operated by Gary S. Grossman Ph.D., MINDSET!/Weight™ and You Didn’t Get FAT from Breathing™. (Also referred to here as “Us”, ”We”, "Our" and “Company”). This Program has been developed or obtained by us through the investment of significant time, effort and expense, and this information is a valuable, special and unique asset of ours, which needs to be protected from improper and unauthorized use.
Use constitutes your agreement to be bound by these Terms and Conditions, whether or not you have read them. We reserve the right to change these Terms and Conditions from time to time and your continuing use will constitute your agreement to be bound by any and all such changes. If at any time you do not agree with these Terms, please do not use the Program.
We try to ensure that Program availability is uninterrupted and that our website, private Facebook group page, e-mail communications, and Program teleclasses and recordings will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new facilities or services.
Although every effort is made to ensure the accuracy of published information on or through this Program, the Program may inadvertently contain inaccuracies or typographical errors. We are not responsible for the views, opinions, or accuracy of facts referenced in the Program, or in any of our programs, services, courses, classes, or materials. Information may be changed or updated without notice. We assume no responsibility for errors or omissions in the Program or in documents referenced by, or linked to, the Program.
This Program is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of, or access to the Program or website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms and Conditions. By accessing or using this Program or our website, you represent and warrant that you are 13 years or older and that you agree to and to abide by all of our Terms and Conditions.
You MAY NOT share any Program materials with anyone. In the event you share the purchased Program, including any and all related materials, you will be in violation of these Terms and Conditions.
In the event someone you know that is interested in utilizing the MINDSET!/weight™ or You Didn’t Get FAT from Breathing™ Program for their own use, please contact Gary S. Grossman Ph.D. regarding the Referral Program. This program will allow you to earn a referral fee for each MINDSET!/weight™ and/or You Didn’t Get FAT from Breathing™ Program you refer to us. Referral fee will be paid on 30th day post purchase of program by referree. Details are available upon request. You will be required to follow all instructions regarding “use of information” written within this Terms and Conditions below.
You may only use the information that is expressly provided to you through the Program that you purchase for your own personal use and potential benefits as outlined in the program.
You are prohibited from copying, editing or using any information produced by the Company describing, promoting or marketing any of its Programs contained on any sales page, website page, e-mail, video, or any other correspondence belonging to the Company, including any posted on www.garysgrossmanphd.com, www.youdidntgetfatfrombreathing.com or www.mindsetoverweight.com.
You are prohibited from using, copying, modifying or otherwise misappropriating any photos, collages, banners, text, descriptions and/or any other information owned and developed by the Company and available to you through any sales page, website page, e-mail, video, or any other correspondence you may receive, or otherwise.
If you are in doubt about what you can and cannot use, please contact us.
The trademarks and logos, which are displayed on the Program materials, are trademarks belonging to us. Any use of Gary S. Grossman Ph.D.’s personal website trademarks and names of programs including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written permission.
For any and all trademarks and logos that you are granted permission to use within a program, the trademark insignia must be included at all times. Any preview call titles, program titles, program material titles, or any other title or information of ours bearing the trademark (™) symbol may not be used by you for any reason without our express written permission.
Information You Are Prohibited from Sharing with Others.
You are forbidden from doing the following:
You may not duplicate, share, or sell any information obtained in or through our Program(s) with ANYONE.
Unless otherwise explicitly authorized in these Terms and Conditions, you may not, for commercial use or in a way that earns money, 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 purchased through this Program, private Facebook group page, audio or video recording, or teleseminar call to ANYONE.
Downloading, printing, or otherwise using the material from this Program does not give you any copyright or ownership rights of that material contained in the Program.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Your License to Us.
By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Program, website, or private Facebook group page, 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 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 includes the right to exploit any proprietary rights in such posting of submission, including, but not limited to, right under copyright, trademark, service mark or patent laws in any relevant jurisdiction. You also 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 we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Obtaining Permission To Use Our Intellectual Property
Any request for permission to use our content, images, or other information obtained from or through the Program, or any other intellectual property, should be made using the “Contact Us” form on the website(s) of Gary S. Grossman Ph.D.
Under no circumstance can you use the images of the Company, including but not limited to those at www.garysgrossmanphd.com or copy the names of any programs. You can ONLY use the materials provided to you in your program for your personal use.
We cannot completely ensure or warrant the security of any information transmitted to us or through our services. Submitting information is done at your own risk. We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss or, misuse, to you or to any third party
You agree that you are using your own judgment in using the information provided on and through this Program, which is done at your own risk. You also agree to our full Disclaimer.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND BY US AND ANY THIRD-PARTY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAM 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.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM MATERIALS OR WITH REGARD TO THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
We accept no liability for any of the views, facts, opinions, or references in the Program whatsoever. You assume responsibility for using, or not using, any of the information in this Program, and you acknowledge that you are using it, or not using it, at your own risk. Information posted on this Site related to this Program or otherwise, or linked to a third party website, expresses a perspective which may or may not necessarily reflect our views.
The information provided to you is not diagnosing or treating a health problem or disease, or prescribing medication or other treatment. We are not a doctor, medical health practitioner, psychologist, therapist, licensed nutritionist or dietitian or other licensed or registered health professional and we make no claims in this regard. Nothing contained in the Program or on our website is intended to be a substitute for the medical diagnosis or treatment that can be provided by your physician or another qualified health care professional. You always should seek the advice of your physician or another qualified health care provider regarding any specific medical condition.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS MATERIALS OR THIRD-PARTY MATERIALS MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THESE PROGRAM MATERIALS. IF YOU ARE DISSATISFIED WITH THE PROGRAM OR THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM AND THE WEBSITE.
INFORMATION PROVIDED THROUGH THE PROGRAM IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
IF YOU ARE A CLIENT WHO IS ALSO A REFERRAL PARTNER AND/OR A REFERRAL PARTNER, WE DO NOT MAKE ANY REPRESENTATIONS AS TO THE FUTURE INCOME, EXPENSES, SALES VOLUME OR POTENTIAL PROFITABILITY THAT MAY BE DERIVED AS A RESULT OF YOUR PARTICIPATION IN THIS PROGRAM. You acknowledge and agree that no representation has been made by the Company and relied upon, as to the future income, expenses, sales volume or potential profitability that may be derived from referrals to our programs or services.
To the fullest extent permitted by law, we expressly exclude:
a. All conditions, warranties and other terms, which might otherwise be implied by statute or common law;
b. Any obligation of effectiveness or accuracy; and
c. Other than as set out below, any liability for any direct, indirect or consequential loss or damage incurred by you in connection with this Program, including by your use or inability to use any information obtained on or through the Program, any websites linked to the Program, and any material posted on the Site, private Facebook group page, or in any other way through the Program by us or by others, including without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however caused, even if foreseeable.
You must not use our Site or private Facebook group page in any way that causes or is likely to cause the Site or private Facebook group page or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to us.
You must use the Program, Site, and private Facebook group page for lawful purposes only. You must not use the Program, Site, and private Facebook group page for any of the following:
For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity
To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or otherwise injurious to third parties, or which consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam
To cause annoyance, inconvenience or needless anxiety
To impersonate any third party or otherwise mislead as to the origin of your content
To reproduce, duplicate, copy or resell any of our content in contravention with these Terms and Conditions or any other agreement with us.
When you purchase this Program, the information provided and obtained as part of the transaction, such as your credit card number and contact information, may be collected by both the third-party merchant and us. We agree not to share it with anyone else. Transactions within the Company are made through Paypal. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for their policies.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to purchase and use the Program for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service.
You release us and our affiliates from any damages that you incur, and agree not to assert any claims against them, or us arising from your purchase or use of this Program.
You agree to only purchase this Program for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Our commitment is to offer you up to date educational information connected to the program, so that you can be better informed about how to support your own health. Additionally, we are committed to helping you leverage what you’ve learned by integrating it into your daily practice. Due to the nature of a downloadable product, we do not issue refunds at any time for any reason. You have an opportunity to receive a complete refund if after your second lesson you find it is not for you.
If you have any questions, please contact us by completing the contact form on the website.
Submission, Storage and Sharing of Personal Data
We may seek personal data including your name, e-mail address, and other contact information when you purchase the Program or otherwise. By you providing such information to us, you grant us permission to use and store such information.
We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to conform to the edicts of the law or comply with legal process served on us, our partners, sponsors, investors, or affiliates; protect and defend our rights or property or those of our users; or to act as immediately necessary in order to protect the personal safety of our users or the public.
Whenever you voluntarily make your personal information available for viewing by third parties online, such as on our website or the private Facebook group page, the information you share also can be seen, collected and used by third parties. We are not responsible for any unauthorized third party use of such information.
To use certain features of the Program, you may need a username and password, which you will receive through the Program 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 us 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.
You are not permitted to share your username and/or password with anyone. If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the Program, website and the private Facebook group.
It is your responsibility to protect your password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, you do so at your own risk.
By using our Program, you agree to enter true and accurate information as part of the Program registration or otherwise. If you enter a bogus email address, we have the right to immediately inactivate your account.
We will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury or interfering with our rights or property.
If you have any questions, please contact us.