JT Kirby Inc, having its registered address at 15750 Arroyo Drive, Unit #34, Moorpark, CA 93021, United States, with company registration number (hereinafter referred to as “Company”, “we” or “us”) provides its Health and Lifestyle products, and services, including other supplementary services (hereinafter referred to as “Service” or “Services”) to you (hereinafter referred to as “you”, “your” or “User”) through its website located at www.urdietplan.com (hereinafter referred to as “Website”), subject to the following Terms and Conditions (hereinafter referred to as “Terms”).

PLEASE READ THESE TERMS CAREFULLY, AS THEY GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES.

By using the Website you agree to be bound by these Terms. Your use of the Website and your purchase of any Services indicate your acceptance of these Terms.

ELIGIBILITY

You can only use and access the Website to the extent you are legally able to do so in your state, territory or country and you must also be over 18 years of age (or the age of majority in your location). In case you use the Website on behalf of a company, organization, or other entity, then you represent and warrant that you are an authorized representative of that entity with the authority to bind it to these Terms, our Privacy Notice or any other operating rules posted by us on this Website and that you agree to these terms and conditions on the entity’s behalf. In such a case “you” includes you and that entity.

PRIVACY NOTICE

Please review our Privacy Notice, which also governs your visit to our Website, to understand our practices concerning the collection and use of your personal information.

ACCOUNT

The User may be required to register on our Website in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Notice.

You acknowledge that you:

• may never use another’s account;
• may not provide another person with the username and password to access your account;
• should maintain control over all of the devices that are used to access the Service;
• shall immediately notify the Company of any unauthorized use of your password or account or any other breach of security.

If you fail to maintain control of a device, other users may access the Service through your account and may be able to access certain of your account information. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure.

The Company will not be liable for any loss or damage arising from your failure to comply with the provision of this clause.

SERVICES

The Company provides three options of Services:

• Free-of-charge (for these Services you don`t need to pay money);
• Paid Subscription (this option requires payment before the Services can be accessed);
• Trial (it is a special promotional plan, membership, or service).

In general, we offer a trial period up to day(s) for $1.00 and monthly renewal packages for ($59.99). You may find detailed information concerning different packages and pricing plans in the relevant part of our Website.

If you subscribe to the Paid Subscription you authorize us to charge you for the renewal term, which will be the same as your initial subscription period unless you cancel your Paid Subscription, or unless otherwise disclosed to you on the Website.

If you subscribe to the Trial your access to the Service will automatically continue and you will be billed the applicable fees for the Service unless you cancel before the end of the Trial, or unless otherwise stated.

By subscribing to the Paid Subscription or the Trial you agree that the Company:

• may charge your credit card or bank account for all fees payable during the term of the Paid Subscription or the Trial;
• may store your billing information and other related information;
• use a third party to process payments and consent to the disclosure of your payment information to such a third party;
• reserves the right to change fee rates at any time in our sole discretion and to the maximum extent permitted by applicable laws. We will give you reasonable notice of any such pricing changes by posting the new fee rates on or through the Website and/or by sending you an e-mail notification, or in another prominent way. You have a right to cancel the Subscription Plan and the Trial after such changes. If you don`t do it, you will be charged at Company’s then-current pricing for the Paid Subscription or the Trial.

Please, take into account that:

– if you do not wish to pay the new fees, you can cancel the applicable subscription prior to the change going into effect or/and abstain from pre-paying for access to the Service;

– if you cancel the Services before the end of the trial period, all your rights to any remaining trial periods will be waived, and you will not have a right to participate in any further Trials, except the Company will allow you;

– it is ultimately your responsibility to know when the Paid Subscription or Trial will end;

– you shall keep your contact information, billing information, and credit card information (where applicable) up to date.

PROHIBITED USAGE

You agree that you will not

• use hateful or discriminatory language based on race, color, sex, sexual orientation, religion, nationality, ethnicity, marital status, disability, age, or otherwise objectionable language;
• spam or otherwise generally harass users of our Service;
• copy, modify, publish, adapt, sublicense, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or the Services or cause others to do so;
• “frame” or “mirror” any part of the Services, without our prior written consent of the Company;
• use meta tags or code or other devices containing any reference to the Company or the Services in order to direct any person to any other website for any purpose;
• upload content or any files that contain viruses, Trojan horses, worms, time bombs, or any other similar software or programs that may damage the operation of our Service or another’s computer or property of another;
• resell or make any commercial use of the Services;
• use any data mining, robots, or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Services;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services;
• use any automated methods or processes to create user accounts or access the Services;
• use the Website or the Services other than for their intended purpose;
• infringe upon or violate intellectual property rights of the Company or others.
• violate any applicable laws or regulations with respect to your access and use of the Website and the Services.

SUBMISSIONS

If you upload, share or provide any content or other information relevant to the Service (hereinafter referred to as “User Submissions”), you represent and warrant that:

– you own all right, title and interest in and to such User Submissions, including, without limitation, all copyrights and rights of publicity contained therein;

– you have all required rights to post or transmit such content or other materials without violation of any third-party rights;

By uploading any User Submissions you hereby grant the Company, its affiliated companies and partners a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute, store, modify and otherwise use and fully exploit your User Submissions in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).

You acknowledge and agree that:

• any questions, comments, suggestions, ideas, feedback or other information relevant to the Service provided by you to the Company, its affiliated companies or partners are non-confidential and the Company, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these User Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you;
• the Company has no duty to prescreen, review, control, monitor, or edit the User Submissions and is not liable for the User Submissions that is provided by others;
• the Company may, but is not obliged, at its sole discretion, review, edit, refuse to accept, or delete the User Submissions at any time and for any reason or no reason without notice, and you are solely responsible for creating backup copies and replacing any User Submissions.

You warrant that the User Submissions will not have any libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or the Website.

INTELLECTUAL PROPERTY RIGHTS

All copyright, design rights, database right, patents, and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor (“Intellectual Property Rights”) in this Website belong to the Company or are licensed to the Company unless otherwise specified. All such rights of the Company are hereby asserted and reserved.

You warrant that you will not:

• hack, attempt to hack, distribute, modify, transmit, re-use any or all of the Website or the information contained therein for any purpose other than as set out in these Terms;
• make any public or commercial use without the Company`s prior written consent;
• display, publish, copy, print, post or otherwise use the Website and the information contained therein for the benefit of any third party or website without the Company`s prior written consent;
• process or otherwise use the information contained on or within the Website or the Services for any illegal or immoral purpose nor use or process the same unfairly.

The Company grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Website and the Services solely for your own personal purposes. Any use of the Services or the Website other than as expressly authorized herein, without the prior written consent of the Company, is strictly prohibited and will violate and terminate the license granted herein.

LINKS TO THIRD-PARTY WEBSITES

Certain links within this Website lead you to other websites. Those other websites are provided for your convenience only.

The Company is not responsible for examining or evaluating the content or accuracy and the Company does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

The Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Please review carefully the third-party’s policies and practices and make sure you understand them before you use third-party websites. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

ERRORS

Occasionally there may be information on our Website or in the Services that contains typographical errors, inaccuracies or omissions. We reserve the right but are not obliged to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.

INDEMNITY
The User agrees to release and indemnify us, our affiliates and their officers, employees, directors and agent from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to:

• your use of the Website;
• User Submissions;
• your conduct or interactions with other users of the Website;
• your breach of any part of these Terms, the Privacy Notice and any other operating rules posted by us on this Website.

CHANGES TO THESE TERMS

We may vary these Terms from time to time and we will publish the varied Terms on the Website. It is your responsibility to check the website periodically for changes and your continued use of the Website following any changes indicates your acceptance of the changes.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

Your use of the Website and our Services is entirely at your own risk. The Company is not liable for any errors that may occur. You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Service at any time, without notice to you. Information and materials provided through the Services or our Website are general in nature and subject to change and we have no obligation to verify and update such information or materials.

The Company is not responsible for any deficiency or delay in the performance of the Services to the extent it is attributable to your breach of these Terms. The Company does not provide warranties of any kind in relation to the Website and the Services. To the fullest extent permitted by law, and except where otherwise set out in these Terms:

– the Company expressly disclaims all warranties, express or implied, of any kind with respect to the Website and the Services, including without limitation that the Website and the Services will be uninterrupted or error-free or with regard to the results that may be obtained from the use of the Website, or use of the information, content, service, or products provided through the Website;

– the Website and the Services and all third-party content available to you through the Website and the Services are provided “as is” and “as available” for your use without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for use or a particular purpose, a guarantee of a particular result or outcome, title, and non-infringement.

You acknowledge that the Company, our directors, officers, employees and representatives will not be liable to you for any losses and damages, including special, direct, indirect, incidental, consequential or punitive losses and damages (including for loss of profits, goodwill, use, data or other intangible losses) related to the Website and the Services.  In some states, it is not allowed to exclude implied warranties or to limit or exclude the liability for incidental or consequential damages, so our liability shall be limited to the maximum extent permitted by law.

ENTIRETY

These Terms and any other operating rules posted by us on this Website or in respect to the Services constitute the entire agreement and understanding between you and the Company and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and the Company.

SEVERABILITY

If any provision of these Terms is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and the remaining terms and conditions will continue to be in full force and effect.

TERMINATION

We have the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account. The Company reserves the right to refuse Service to anyone for any reason at any time.

You also may terminate these Terms or cancel your account at any time by notifying us that you no longer wish to use our Services or by ceasing the use of the Website. Except in cases that are provided by law, you will not receive any refund for already paid or partially used subscriptions. If you cancel the Service before the end of your current paid up period, your cancellation will take effect in the end of such period.

If you chose an installment payment basis, you agree that the cancellation of Services will not affect your obligation to pay the total contractual amount due on your Paid Subscription or Trial. You also acknowledge that your account, credit card, or other payment methods will continue to be charged the scheduled payments until the remaining balance is paid in full.

APPLICABLE LAW

These Terms and the legal relationship between the Company and the User arising in connection herewith shall be governed by and construed in accordance with the laws of United States.

The Company and the User shall, in the first place, use their best efforts to amicably settle any dispute, controversy, or claim arising out of the Terms, the Privacy Notice and any other operating rules posted by us on this Website or the breach, termination, or invalidity thereof.

CONTACTING US

If you have any questions concerning our Website or Services, please contact us by email at support@urdietplan.com.

UPDATED: 06/2024