Terms & Conditions

Please read these Terms and Conditions carefully before using this Website or any content originating from this Website. These Terms and Conditions contain important information about your rights and obligations, as well as limitations and exclusions. By using this Website (ipnutrition.com) or by ordering any product from INFINITE PROGRESS NUTRITION, you confirm your unconditional agreement to, and acceptance of, these Terms and Conditions. If you elect not to accept these Terms and Conditions, do not use this website.

By using our Website, you agree to these Terms and Conditions of Use (“Terms & Conditions“). We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using this Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use our Website and, if applicable, you should arrange to cancel your registered user account or subscription with us.

Scope of Terms & Conditions

Unless we indicate otherwise, these Terms & Conditions apply to your use of the websites which are owned or operated by Infinite Progress Nutrition (“Infinite Progress Nutrition“) and its affiliates (collectively, “we,” “us,” or “our“), including, without limitation, this website and any other website that we may own or operate currently or in the future (collectively, our “Website“). For purposes of these Terms & Conditions, “affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, Infinite Progress Nutrition, including, without limitation, Infinite Progress Nutirion and its subsidiaries.

Terms & Conditions – In General

By using this Website and/or our Paid Services/Products, you agree to be legally bound and to abide by these Terms and Conditions, just as if you had signed these Terms and Conditions. If you do not comply with these Terms and Conditions at any time, we reserve the right to cancel or terminate your password, user account, and/or access to this Website (or any part thereof) and/or our Paid Services/Products.

In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website or our Paid Services/Products, including, but not limited to, (i) restricting the time the Website and/or a Fee-Based Service/Product is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Website and/or any of our Paid Services/Products. You agree that any termination or cancellation of your access to, or use of, the Website and/or our Paid Services/Products may be effected without prior notice.

If you do not abide by the terms of these Terms and Conditions, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, our Website (or part thereof) and/or our Paid Services/Products. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Website and/or our Paid Services/Products, except for a refund of any fees or charges prepaid by you with respect to our Paid Services/Products in accordance with “Online Appointment Cancellations” and “Terms of Sale” paragraphs of these Terms and Conditions.

You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us pursuant to this provision or these Terms and Conditions, or any policies or practices by us in providing this Website or our Paid Services/Products, including without limitation any change in content or any change in the amount or type of fees or charges associated with the Paid Services/Products, is to cancel or terminate your subscription or registered user account, as applicable.

From time to time, we may supplement these Terms & Conditions with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms“). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms & Conditions.

Restrictions on Use of Materials

Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website and the material provided hereon for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms & Conditions. You acknowledge that this Website contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content“) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.

All Content is copyrighted under the European Union copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners.  Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website.

You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

Becoming a Registered User

You may be precluded from using certain products, offerings, features, or resources of our Website from time to time unless and until you register with our Website. You must register in accordance with instructions that you will find on this Website to participate in, and to contribute to, any forum, personal page, blog, etc.

If you elect to become a registered user of our Website, you agree to provide us with true, accurate and complete information about yourself (“Registered User Data“), and to maintain and promptly update the Registered User Data and any other information you provide to us, to keep it accurate. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website (or any portion thereof).

You agree not to assign, transfer or sublicense your rights as a registered user of this Website. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.

Use by Minors

Some of the Content on this Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THIS WEBSITE AS REGISTERED USERS.

Terms of Sale

1. Infinite Progress Nutrition reserves the right to refuse online appointment/consultation.
2. Online appointments are made subject to the Infinite Progress Nutrition’s right to alter them or Therapist availability as a result of circumstances beyond its control.
3. Special discount codes might be ocasionally posted on this website that will allow reduction of costs associated with services provided/sold to customers.
4. A total number of 1 customer per consultation may attend the Online Appointment with the therapist.
5. Every online appointment booked and purchased on this website is non-refundable unless we get notified by customer with no less than 24 hours notice prior to scheduled appointment (by email or phone contact).

Links

These Terms & Conditions apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources.

You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.

Third Party Products and Services

You may order services, merchandise or other products through our Website from other parties (collectively, the “Third Party Sellers“). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers.

You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.

Copyright Complaints

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use our Website (or any part thereof) who infringes the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us and include the following information

1. a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;
2. identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works);
3. identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Website;
4. your name, mailing address, telephone number and email address;
5. a statement by you 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; and
6. a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to this Website should be sent to: Infinite Progress Nutrition, c/o Marzena Kolano, 1st Floor Innovation Hub, Ballymun Civic Centre, Main Street, Dublin, D09 C8P5, Ireland.

Password and User Security

If you are a registered user of this Website, you are entirely responsible for maintaining the confidentiality of your password and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password.

You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.

Health Disclaimer

This Website provides general health, dietary, and weight loss information and content published over the Internet and is intended only to assist users in their personal health, dietary, and weight loss efforts. You are urged and advised to seek the advice of a physician before beginning any diet, exercise, or weight loss effort or regimen. This Website is intended for use only by healthy adult individuals. The Website is not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen.

You should not use the information available on this Website for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration unless specifically so stated.

If you are being treated for an illness, taking prescription medication, or following a therapeutic diet to treat a disease, it’s especially important to show any diet or exercise plan to your physician. Any modifications made to the program by your physician should be followed.

Disclaimers of Warranties

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.

NEITHER INFINITE PROGRESS NUTRITION, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.

NEITHER INFINITE PROGRESS NUTRITION, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THIS WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, hold harmless and, at our option, defend Infinite Progress Nutrition and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees and expenses) arising from your improper use of this Website or our products or offerings, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.

Governing Law and Choice of Forum

These Terms & Conditions shall be governed by and construed in accordance with the laws of the Republic of Ireland and European Union, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Website or these Terms & Conditions shall be filed only in the State or courts located in Republic of Ireland and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Miscellaneous Terms

In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions are the entire agreement between you and us relating to the subject matter herein. If you are a subscriber to one of our online subscription offerings or products, in the event of any conflict between these Terms & Conditions and the corresponding subscription agreement, the subscription agreement shall control. These Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on this Website, or by written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes.

We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

Your Use of this Website and Our Paid Services/Products

Unless otherwise specified, Infinite Progress Nutrition grants you a non-exclusive, non-transferable right to access, use and display our Website and any of our online Paid Services/Products or offerings (such products or offerings, our “Paid Services/Products”) that you subscribe to or pay for, for your personal, noncommercial use, provided that you comply fully with these Terms and Conditions.

You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, this Website and/or our Paid Services/Products. You understand that only you may use your user account and password, and that your subscription to our Paid Services/Products is valid only for your personal, noncommercial use and may not be shared with others. You agree to be financially responsible for all usage or activity of Paid Services/Products subscribed to by you.

Charges and Fees for Paid Services/Products

Certain portions, components, content and features of this Website are only available to individuals who purchase one of our Paid Services/Products. As a subscriber to one of our Paid Services/Products, you agree as follows:

• You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), the fixed and periodic charges and fees set forth on this Website, applicable taxes, and other charges and fees incurred in order to access our Paid Services/Products. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on this Website or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail).
• Each time you use our Paid Services/Products you reaffirm your agreement that we may charge your credit card (or other form of payment, if applicable). In the event we cannot charge your account, we reserve the right to terminate your access to our Paid Services/Products.
• In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to our Website and our Paid Services/Products, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Paid Services/Products.

Availability of Paid Services/Products

The availability and use of our Paid Services/Products may be limited based on demographic, geographic, health or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to our Paid Services/Products or may terminate your subscription to our Paid Services/Products at any time based on these criteria. For example, pregnant women and individuals under the age of 18 may not subscribe to some of our Paid Services/Products.

Unauthorized Distribution of Content

All content on our Website or contained within any Paid Services/Products is intended to be consumed and used exclusively by visitors to our Website or by customers who have purchased our Paid Services/Products, respectively.

In the event that you find and/or use any such content in a location other than our Website or in the corresponding Paid Services/Products, we explicitly disclaim all representations and warranties as to the accuracy and/or fitness of such content.  Furthermore, we shall not be liable for any unauthorized use, reproduction, or consumption of such content.

Generally Expected Results

Although all of our services and/or products are intended to be fully implemented, the typical purchaser of virtually all diet or general education services/products uses them in much the same way that they use a book.  The vast majority of purchasers and users skim through the information and plans one time, then they never implement the program and never take any related action.

And even when purchasers and users implement our services/products completely, more often than not they do not report increases in fat loss, improvement of health conditions, or other positive results of any kind.  Reports of specific fat loss, improvement of health conditions, gains in strength or energy, or positive results of any kind should therefore be understood to be the exception rather than the rule.  In other words, purchasers and users who use our Paid Services/Products can generally expect to see no increase in fat loss or muscle gain, no remediation of health conditions, and no positive results of any kind.  It is entirely possible that you will gain fat, lose muscle, and experience other negative outcomes as a result of the information contained in our products.

Testimonials Disclaimer

Testimonials found on this Website or which are published by us in relation to our Paid Services/Products are verified results that have been sent to us by users of the one or more of our services, Paid Products, or diet programs.  Such testimonials may not reflect the typical experience of a purchaser, may not apply to the average person, and are not intended to represent or guarantee that anyone will achieve the same or similar results.

You should always perform due diligence and not take such results at face value. We are not responsible for any errors or omissions in typical results information supplied to us by our clients or manufacturers or other reputable third parties. If a product or service is new, you understand that it may not have been available for purchase long enough to provide an accurate results history. Again, it is possible that even with perfect use of our programs, you will not achieve the results described in testimonials. They are meant to be a showcase of the best results the program has produced, and should not be taken as the results a typical user will get. 

Risks of Use

Information contained on the Website is not a substitute for direct, personal, and professional medical care and diagnosis. None of the diet plans, nutritional information, or exercises mentioned on the Website or by Marzena Kolano should be performed or used without clearance from your doctor, physician, or health care provider. The information contained in our products and programs, as well as on the Website, is not intended to provide specific physical or mental health advice, to treat any specific medical condition, or to provide any specific advice whatsoever, for any individual or company – and none of such information should not be relied upon in that regard. Neither Marzena Kolano nor anyone else at Infinite Progress Nutrition is a medical professional, and nothing on this Website should be misconstrued to mean otherwise.

For anybody in poor health or with pre-existing physical or mental health conditions, there may be risks associated with participating in any of our products or programs. Because such risks exist, you will not participate in our services/products or programs if you are in poor health or have a pre-existing mental or physical condition. If you choose to participate despite these risks, you do so of your own free will and accord, and you knowingly and voluntarily assume all risks associated with such dietary activities. These risks may also exist for those who are currently in good health right.

Important Billing Information

As we state with respect to all of our Paid Services/Products, (as well as the order pages and checkout pages), you will be charged for the Paid Service/Product at checkout.  However, if you aren’t completely satisfied with any of our programs (we make no guarantees of results, but we strive to ensure that you’re satisfied), then you can send us an email with the subject “refund,” and we will gladly review your specific situation and decide if we are in position to refund you.

Privacy

We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy, which is incorporated into these Terms & Conditions by this reference.