Last updated: June 18, 2024

You (the “Client”) understand that by clicking the payment button, entering or providing your credit card and/or debit card information, making a cash, Stripe payment, or otherwise enrolling, electronically, verbally, or otherwise, that you agree to be provided with the following products, programs, and/or services provided by FODMAP Ease (the “Company”), and hereby understand that you are entering into a legally binding Agreement with the Company and are subject to the following terms and conditions:

This Terms of Purchase is to be read in combination with this Website’s Terms and Conditions, Privacy Policy and Disclaimers.

1. TERMS OF PURCHASE

1.1 The intended purpose of this Agreement is to inform the Client of the Terms of their Purchase and any information regarding FODMAP Ease Meal Plan (the “Meal Plan”) sold on or in connection with www.fodmapease.com (the “Website”).

1.2 The Meal Plan isa seven [7] day meal plan guide compatible with a low FODMAP diet. The Meal Plan includes meal suggestions and recipes for breakfast, lunch, dinner, and appropriate snacks based on the Clients needs.

1.3 In addition to the Meal Plan, the Client will have the option to purchase access to IBS Ease including additional dietary change information via email with the delivery of the Meal Plan, subject to an additional fee.

2. CLIENT RESPONSIBILITY

2.1 As part of the Meal Plan services, the Client is responsible for accurately completing a preliminary questionnaire (the “Comprehensive Questionnaire”). The Company will not be responsible for amending or recreating the Meal Plan after its delivery if the Client does not accurately report their likes, dislikes, preferences, allergies and other considerations. The Comprehensive Questionnaire must be completed within three [3] months of the date of purchase or the purchase will be considered forfeit.

2.2 The Client acknowledges that they are responsible for downloading and saving the Meal Plan upon receipt from the Company. The Company will not be liable for resending the files due to any fault, loss, or non-completion by the Client.

3. COMPANY RESPONSIBILITY

3.1 The Company agrees to provide the Client with the Meal Plan suited to the likes, dislikes, and preferences of the Client as described in the Comprehensive Questionnaire. The Company will encourage and support the Client in utilizing the information provided in the Meal Plan.

3.2 The Company shall not be responsible for the assessment, diagnosis, or treatment of the Client’s health concern, nor offer any recommendations for the assessment, diagnosis, or treatment of the Client’s health

concerns. The Company shall solely provide a Meal Plan suited to the likes, dislikes, and preferences of the Client.

4. AGE REQUIREMENT

4.1 Due to the nature of the Meal Plan and the education provided, the Client must be over the age of eighteen [18] to enroll. By clicking the payment button on the Website, registering or otherwise enrolling in the Meal Plan the Client agrees that they are over the age of eighteen [18] and able to participate in the Meal Plan services.

5. TERMS OF PAYMENT

5.1 The Client understands that unless otherwise specified on the order, payment of the purchase price shall be due on the date of purchase. All fees associated with the purchase will be outlined at the checkout page. All prices are in the currency outlined at checkout. If no currency is outlined, the payment shall be in USD. All prices are subject to change.

5.2 The Client understands that by accepting the payment terms herein, they are voluntarily electing to purchase the Meal Plan, and financially willing and able to invest in the Meal Plan by choice. The Client is attesting that by doing so, they are aware of Section 6: Refund Policy.

5.3 The Client agrees that the charges on their credit card in compliance with the terms herein are irrevocable, undisputable and may not under any circumstance be charged back, contested or challenged now or in the future. The Client understands that doing so would be a material breach of this Agreement in which the Company would be entitled to legal fees, costs and fees associated with addressing a chargeback in addition to the amount challenged. The Client further agrees that signing of this Agreement is proof of purchase and all that is necessary to establish to the credit card company or banking institution to deny a chargeback to the Client.

6. REFUND POLICY

6.1 The Client must be intentional when purchasing the Meal Plan. Should the Client change their mind about the Meal Plan, the Client may request a partial refund of up to fifty percent [50%] within seven [7] days of the date of purchase, subject to the condition that no Meal has yet been delivered to the Client. After which, all sales are final and are not eligible for any refund under any circumstance, be it known or unknown, now or in the future. The Client further agrees and understands that changing their mind about the Meal Plan, failing to use or understand the details of the Meal Plan, not experiencing the results as expected or desired, or experiencing any other similar situations will not, under any circumstance, warrant a refund.

7. DELIVERY OF THE MEAL PLAN

7.1 Upon the completion of the Comprehensive Questionnaire by the Client, the Company will deliver a completed meal plan to the Client within two [2] weeks. The Meal Plan will be emailed to the Client as a document using the email address provided at checkout. The Client understands that it is their sole responsibility to save and download the Meal Plan when received.

8. REVISIONS

8.1 If the Meal Plan includes recipes and suggestions that do not suit the Client’s needs, the Client is eligible for one [1] round of revisions, which must be requested within thirty [30] days of receiving the Meal Plan. Revisions are limited to minor amendments including: (i) recipe substitution, (ii) ingredient alterations, and (iii) recipe modifications. The Client understands that the Company will not amend the meal plan in its entirety for requests different from those outlined in the Comprehensive Questionnaire. Substantial changes to the Meal Plan, such as new diet considerations, may be subject to an additional Meal Plan at an additional cost.

8.2 The Client further understands that one [1] complete round of revisions is to be sent as one email containing all requests. Any additional emails are considered another round of revisions and may be subject to an additional fee as decided upon by the Company.

9. TERMINATION

9.1 The Client understands that the Company retains the right to and may limit, suspend, or terminate the Client’s access to any digital products and/or services sold on or in connection with the Website, without refund if the Client (i) becomes disruptive or difficult to work with, (ii) fails to submit a complete Comprehensive Questionnaire within three [3] months of the date of purchase, (iii) is found to harass the Company, (iv) participates in copyright infringement of any intellectual property produced and/or developed by the Company, (v) or is negatively speaking about the Meal Plan services offered by the Company in public forums without prior consultation with the Company as outlined herein. The Client accepts that if the Company were to terminate the Course, for any other reason than those aforementioned, the Company will award a partial refund that is fair and equitable considering the investment and time left of the Course.

10. INTELLECTUAL PROPERTY

10.1 Any deliverables produced by the Company for the Client will remain the intellectual property of the Company and may not be used in any other form without prior written consent. The Client is provided with a non-exclusive, non-transferable single-user license authorizing the Client to use the materials for their individual purposes only. Nothing in this Agreement shall constitute a transfer of ownership of any intellectual property from the Company to the Client.

10.2 The Client agrees and understands they are not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by the Company or obtained through working with the Company, without the Company’s express written consent. If such behavior is discovered or suspected, the Company reserves the right to immediately terminate the Meal Plan services without refund, as well as access to any materials purchased by the Client, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.

10.3 The Company acknowledges that the material used within the Meal Plan materials including thought-processes, studies and findings, theories, and modalities have all been appropriately sourced and credited throughout the materials.

11. MEDIA RELEASE

11.1 The Client hereby grants full permission to the Company to utilize any post-Meal Plan testimonials provided by the Client for the purpose of social media, website, advertising, online courses, archiving, and

without limitation, commercial use (the “Media”). The Client hereby releases the Company from all claims in which the Client may have now or in the future for compensation of any kind arising out of the Client’s participation in said Media and acknowledges all such Media to be the exclusive property of the Company. The Client shall not under any circumstances use the Media for any other purpose than for the benefit of the Company.

12. PRIVACY AND CONFIDENTIALITY

12.1 The Client understands and acknowledges that while the Company will take commercially reasonable measures to protect the confidentiality of the Client’s information, the Company cannot guarantee the safekeeping, housing, and security of the Client’s personal information. For clarity of this section, the Client understands that they will not be instructed to share any personal health or medical information with the Company at any time and should refrain from sharing any medical information in the Comprehensive Questionnaire.

12.2 For further information on how the Client’s personal information is stored, the Client is encouraged to review the Company’s Privacy Policy.

13. DISCLAIMER

13.1 All products sold on or in connection with this Website and/or checkout page are solely meant to provide general and educational information only based on the instructions of the Client. The Client understands that the Company does not guarantee any level of results from the Client’s participation or use of the Meal Plan, and results may vary from client to client based upon unique circumstances, individual commitment, health issues, and dedication and desire to follow the Meal Plan.

13.2 The Client understands that all services provided by the Company in connection with the products being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. The Client is choosing to purchase this product and work with the Company on a purely voluntary basis and does not hold the Company responsible should the Client become dissatisfied with any portion of the Meal Plan.

13.3 The Client understands that the Meal Plan is not a medical assessment, diagnosis or treatment, and therefore does not substitute professional medical advice if needed, nor does it prevent, cure, or treat any medical disorder or medical disease. The Company encourages the Client to obtain professional medical advice prior to engaging with the Company and the Meal Plan services. The Company will not discuss medical diagnoses, medical treatment plans, or any medications during the Meal Plan services. No medical advice will be provided. While the Company is a registered dietitian in the Province of Ontario, the Company is not acting within their professional capacity while conducting the Meal Plan services. Nothing contained on this Website or within any product or service found herein is intended to take the place of a consultation with any such professional. The Client confirms and agrees that they will not use the Meal Plan as a substitute for medical appointments, dietetic care, or other medical treatment.

13.4 The Client acknowledges and understands that the Company will provide a variety of FODMAP dietary suggestions and recommendations as part of the Meal Plan. The Client retains the right to opt in or out of the suggestions, recommendations, and tasks they participate in. The Company understands and acknowledges that not all suggestions are appropriate for each individual participant and encourages the Client to only participate in suggestions and tasks that are suitable.

13.5 As part of providing the Meal Plan services, the Company may utilize generative artificial intelligence platforms to enhance the quality and efficiency of the final deliverable to the Client. This technology will assist and supplement the expertise of the Company. The Client understands that certain information may be shared with artificial intelligence platforms and while efforts are made to maintain confidentiality and privacy, no system can guarantee absolute security. The Client must use their own judgement when sharing sensitive or confidential information and understands the Company does not have any regulatory requirements to maintain the Client's information as confidential, but shall make commercially reasonable efforts to do so. The Company is not liable for any damages arising from the use of generative artificial intelligence platforms.

13.6 The Company may share reviews of products and/or services that they love at the Company’s sole discretion, but from time to time, the Company may participate in affiliate marketing and may allow affiliate links to be included within the Meal Plan in exchange for a commission earned when the Client clicks or makes a purchase. The Company promises to only participate in affiliate marketing with products and/or services that they believe provide value to the Client. Anything the Company shares is not professional advice and the Company asks that the Client not rely solely on said opinion(s). It is the Client’s responsibility to inform themselves independently if the product and/or service may be of benefit. The Client understands that they retain the right to choose to work with any company and/or platform mentioned, or recommended through the Meal Plan and the Client further understands it is at their discretion to inform themselves independently if the product and/or service may be of benefit.

14. LIMITATION OF LIABILITY

14.1 The Client understands and agrees that through its purchase of the Company’s Meal Plan the Client hereby releases the Company, and by extension its owner, from any and all claims whether known now or discovered in the future. The Client agrees that the Company is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of the Meal Plan and/or materials provided by the Company, or in connection with the Meal Plan. In no event shall the Company be liable to the Client for any indirect, consequential or special damages as a result of their use of the Meal Plan.

14.2 The Client shall defend, indemnify, and hold harmless the Company and the Company, from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, legal fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Course(s), excluding, however, any such expenses and liability which may result from a breach of this Agreement or sole negligence or willful misconduct by the Company. In consideration of and as part of the Client’s payment for the right to participate in the Services, the undersigned, heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge the Company and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, assigns and staff or students from all actions, causes of actions, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from the Client’s participation in the Course.

15. HEALTH WAIVER

15.1 The Client understands that by using the Meal Plan, they may experience overwhelming and new feelings related to their digestive health. The Client understands that their use of the Meal Plan is entirely voluntary and they agree that while they have dietary restrictions, they have the mental capacity to purchase and use the Meal Plan.

15.2 The Client further understands and agrees that the Company will not perform any diagnostic testing or provide diagnoses as part of the Meal Plan. The Client agrees and acknowledges that nothing within the Meal Plan is diagnostic, and is not intended to be a diagnostic tool. The Company does not run any lab testing for the Client, and will not review any lab testing provided by the Client. The Meal Plan provided is solely for educational purposes and not intended to substitute for a medical diagnosis provided by a medical professional.

16. INDEMNIFICATION AND RELEASE OF CLAIMS

16.1 The Client releases any right to claims against the Company to the maximum extent as permissible under applicable law. The Client agrees that under no circumstances will the Company be liable to any party for any type of injury or damages that they may sustain as a result of participation in the Course with the Company or in connection with any instruction from the Company or the Course materials, while the Client is enrolled in the Course, and the Client hereby releases the Company from any and all claims, whether known or unknown, now or discovered in the future.

17. NO NEGATIVE STATEMENTS OR ACTIONS

17.1 The Client shall not at any time directly or indirectly take any action and/or make, publish, file or record any oral or written statements that would likely have a negative or injurious impact upon, or that is derogatory, defamatory, libel or slanderous in nature to the Company in any way. The Client acknowledges that the Company retains the right to terminate access to any product for any violation of this section and may be entitled to injunctive relief.

18. SEVERABILITY

18.1 If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

19. DISPUTE RESOLUTION

19.1 In the event a dispute arises out of this Agreement and cannot be resolved by mutual consent of the Parties, the Client and the Company agree to attempt to mediate in good faith for up to thirty [30] days after notice is given. If the dispute is not so resolved, and in the event of legal action, the Company will be entitled to be paid by the Client all costs and expenses incurred, including, but not limited to legal fees.

20. APPLICABLE LAW

20.1 This Agreement shall be governed by and under control of the laws of the Province of Ontario regardless of conflict of law principles, and regardless of the location of the Client. The Client understands this and agrees that the laws of the Province of Ontario are to be applicable here.

21. BINDING EFFECT

21.1 This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.

22. CONTACT

22.1 If you have any questions about these Terms, please contact us at: [email protected]