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Total Metabolic Solutions

Terms and Conditions

TOTAL METABOLIC SOLUTIONS – PRIVACY POLICY

This page informs you of our policies regarding the collection, use and disclosure of
Personal Information we receive from users of the Site. We use your Personal
Information only for providing and improving the Site. By using the Site, you agree to the
collection and use of information in accordance with this policy.

WHAT IS CONSIDERED PERSONAL INFORMATION?

Personal information refers to information such as your name, address, email address,
geographic location, purchase history, gender, credit card information and browsing
habits on our site.

WHAT INFORMATION DO WE COLLECT?

We collect information from you when you register on the site, place an order, enter a
contest or sweepstakes, respond to a survey or communication such as e-mail, or
participate in another site feature.

When ordering or registering, we may ask you for your name, e-mail address, mailing
address, phone number, credit card information or other information. You may,
however, visit our site anonymously.

We also collect information about gift recipients so that we can fulfill the gift purchase.
Like many websites, we use cookies to enhance your experience and gather
information about visitors and visits to our websites. Please refer to the do we use
cookies section below for information about cookies and how we use them.

WE MAY PROCESS THE FOLLOWING CATEGORIES OF PERSONAL DATA ABOUT YOU:

●  Communication Data that includes any communication that you send to us
whether that be through the contact form on our website, through email, text,
social media messaging, social media posting or any other communication
that you send us. We process this data for the purposes of communicating
with you, for record keeping and for the establishment, pursuance or defence
of legal claims. Our lawful ground for this processing is our legitimate interests
which in this case are to reply to communications sent to us, to keep records
and to establish, pursue or defend legal claims.

●   Customer Data that includes data relating to any purchases of goods and/or
services such as your name, title, billing address, delivery address email
address, phone number, contact details, purchase details and your card
details. We process this data to supply the goods and/or services you have
purchased and to keep records of such transactions. Our lawful ground for this
processing is the performance of a contract between you and us and/or taking
steps at your request to enter into such a contract.

●  User Data that includes data about how you use our website and any online
services together with any data that you post for publication on our website or
through other online services. We process this data to operate our website
and ensure relevant content is provided to you, to ensure the security of our
website, to maintain back- ups of our website and/or databases and to enable
publication and administration of our website, other online services and
business. Our lawful ground for this processing is our legitimate interests
which in this case are to enable us to properly administer our website and our
business.

●  Technical Data that includes data about your use of our website and online
services such as your IP address, your login data, details about your browser,
length of visit to pages on our website, page views and navigation paths,
details about the number of times you use our website, time zone settings and
other technology on the devices you use to access our website. The source of
this data is from our analytics tracking system. We process this data to
analyse your use of our website and other online services, to administer and
protect our business and website, to deliver relevant website content and
advertisements to you and to understand the effectiveness of our advertising.
Our lawful ground for this processing is our legitimate interests which in this
case are to enable us to properly administer our website and our business and
to grow our business and to decide our marketing strategy.

●  Marketing Data that includes data about your preferences in receiving
marketing from us and our third parties and your communication preferences.
We process this data to enable you to partake in our promotions such as sales
offers, affiliate offers, free contests with give-aways, to deliver relevant website
content and advertisements to you and measure or understand the
effectiveness of this advertising. Our lawful ground for this processing is our
legitimate interests which in this case are to study how customers use our
products/services, to develop them, to grow our business and to decide our
marketing strategy.

●  We may use Customer Data, User Data, Technical Data and Marketing Data
to deliver relevant website content and advertisements to you (including
Facebook adverts or other display advertisements) and to measure or
understand the effectiveness of the advertising we serve you. Our lawful
ground for this processing is legitimate interests which is to grow our business.
We may also use such data to send other marketing communications to you.
Our lawful ground for this processing is either consent or legitimate interests
(namely to grow our business).

SENSITIVE DATA

We do not collect any Sensitive Data about you. Sensitive data refers to data that
includes details about your race or ethnicity, religious or philosophical beliefs, sex life,
sexual orientation, political opinions, trade union membership, information about your
health and genetic and biometric data. We do not collect any information about criminal
convictions and offences.

MARKETING COMMUNICATIONS

Our lawful ground of processing your personal data to send you marketing
communications is either your consent or our legitimate interests (namely to grow our
business).

Under the Privacy and Electronic Communications Regulations, we may send you
marketing communications from us if (i) you made a purchase or asked for information
from us about our goods or services or (ii) you agreed to receive marketing
communications and in each case you have not opted out of receiving such
communications since. Under these regulations, if you are a limited company, we may
send you marketing emails without your consent. However you can still opt out of
receiving marketing emails from us at any time.

You can ask us or third parties to stop sending you marketing messages at any time
simply by unsubscribing from emails via the unsubscribe button which can be found at
the bottom of each email or by sending hello@totalmetabolicsolutions.com an email
with your request to stop receiving emails.

If you opt out of receiving marketing communications this opt-out does not apply to
personal data provided as a result of other transactions, such as purchases, warranty
registrations etc.

DISCLOSURE OF YOUR PERSONAL DATA:

We may have to share your personal data with the parties set out below:
  
          ● Service providers who provide IT and system administration services.
          ● Professional advisers including lawyers, bankers, auditors and insurers.
          ● Government bodies that require us to report processing activities.
          ● 3rd party technology platforms and advertisers that support the running and
              growth of Total Metabolic Solutions.

We require all third parties to whom we transfer your data to respect the security of your
personal data and to treat it in accordance with the law. We only allow such third parties
to process your personal data for specified purposes and in accordance with our
instructions.

HOW DO WE USE YOUR INFORMATION?

We may use the information we collect from you when you register, purchase products,
enter a contest or promotion, respond to a survey or marketing communication, surf the
website, or use certain other site features in the following ways:

To personalize your site experience and to allow us to deliver the type of content and
product offerings in which you are most interested.

To allow us to better service you in responding to your customer service requests. To
quickly process your transactions.

To administer a contest, promotion, survey or other site feature.

If you have opted-in to receive our email newsletter, free challenges, or a free ebook,
we will send you educational and marketing emails.

If you would no longer like to receive promotional email from us, please refer to the
“How can you opt-out, remove or modify information you have provided to us?” section
below.

If you have not opted-in to receive email newsletters, you will not receive these emails.
Visitors who register or participate in other site features such as marketing programs
and ‘members-only’ content will be given a choice whether they would like to be on our
email list and receive e-mail communications from us.

DATA SECURITY

We have put in place security measures to prevent your personal data from being
accidentally lost, used, altered, disclosed, or accessed without authorization. We also
allow access to your personal data only to those employees and partners who have a
business need to know such data. They will only process your personal data on our
instructions and they must keep it confidential.

We have procedures in place to deal with any suspected personal data breach and will
notify you and any applicable regulator of a breach if we are legally required to.

DATA RETENTION

We will only retain your personal data for as long as necessary to fullfil the purposes we
collected it for, including for the purposes of satisfying any legal, accounting, or
reporting requirements.

When deciding what the correct time is to keep the data for we look at its amount,
nature and sensitivity, potential risk of harm from unauthorized use or disclosure, the
processing purposes, if these can be achieved by other means and legal requirements.
For tax purposes the law requires us to keep basic information about our customers
(including Contact, Identity, Financial and Transaction Data) for seven years after they
stop being customers.

In some circumstances we may anonymous your personal data for research or statistical
purposes in which case we may use this information indefinitely without further notice to
you.

COOKIES

As you browse Total Metabolic Solutions, advertising cookies will be placed on your
computer so that we can understand what you are interested in. Cookies are files with a
small amount of data, which may include an anonymous unique identifier. Cookies are
sent to your browser from a web site and stored on your computer’s hard drive. To opt
out of cookies, find and select the settings tab of your internet browser and click “block
third party cookies and site data” or de-select the “accept cookies” box.

ORDERING PRODUCTS ON OUR SITE

We will request information from you on our order forms for purchase of products. To
buy from us, you must provide contact information (like name and shipping address)
and financial information (like credit card number, expiration date). This information is
used for billing purposes and to fill your orders. If we have trouble processing an order,
we’ll use this information to contact you.

HOW DO WE PROTECT VISITOR INFORMATION?

We implement a variety of security measures to maintain the safety of your personal
information. Your personal information is contained behind secured networks and is
only accessible by a limited number of persons who have special access rights to such
systems, and are required to keep the information confidential. When you place orders
or access your personal information, we offer the use of a secure server. All
sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL)
technology and then encrypted into our databases to be only accessed as stated above.

DO WE DISCLOSE THE INFORMATION WE COLLECT TO OUTSIDE PARTIES?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable
information unless we provide you with advance notice, except as described below. It
does not include website hosting partners and other parties who assist us in operating
our website, conducting our business, or servicing you, so long as those parties agree
to keep this information confidential. We may also release your information when we
believe release is appropriate to comply with the law, enforce our site policies, or protect
ours or others’ rights, property, or safety.

However, non-personally identifiable visitor information may be provided to other parties
for marketing, advertising, or other uses.

HOW CAN YOU OPT-OUT, REMOVE OR MODIFY INFORMATION YOU HAVE
PROVIDED TO US?

To modify your email subscriptions, you can find an unsubscribe link at the bottom of
each email. Please note that due to email production schedules you may receive any
emails already in production. Please note that we may maintain information about an
individual sales transaction in order to service that transaction and for record keeping.

THIRD PARTY LINKS

In an attempt to provide you with increased value, we may include third party links on
our site. These linked sites have separate and independent privacy policies. We,
therefore, have no responsibility or liability for the content and activities of these linked
sites. Nonetheless, we seek to protect the integrity of our site and welcome any
feedback about these linked sites (including if a specific link does not work).

YOUR ACCESS TO AND CONTROL OVER INFORMATION

You may opt out of any future contacts from us at any time. You can do the following at
any time by contacting us via the email address or phone number given on our website:
          ● See what data we have about you, if any.
          ● Change/correct any data we have about you.
          ● Have us delete any data we have about you.
          ● Express any concern you have about our use of your data.

CHANGES TO OUR POLICY

If we decide to change our privacy policy, we will post those changes on this page.
Policy changes will apply only to information collected after the date of the change. This
policy was last modified on May 23rd, 2020.

ONLINE PRIVACY POLICY

This privacy policy refers only to information collected through our websites, and does
not apply to information collected in person at events, coaching calls or social media.

YOUR CONSENT

In using out site, you agree to our privacy policy.

QUESTIONS AND FEEDBACK

We welcome your questions, comments, and concerns about privacy. Please send us
any and all feedback pertaining to privacy, or any other issue via email at:

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of
this site is subject to the following terms and conditions and other applicable law. If you
do not agree to these terms and conditions, please do not use this site.

TERMS AND CONDITIONS

The Website Standard Terms And Conditions contained herein on this webpage, shall
govern your use of this Website, including all pages within this Website (collectively
referred to herein below as this “Website”). These Terms apply in full force and effect to
your use of this Website and by using this Website, you expressly accept all terms and
conditions contained herein in full. You must not use this Website, if you have any
objection to any of these Website Standard Terms And Conditions.

COPYRIGHT

The entire content included in this Website including but not limited to text, graphics or
code is copyrighted as a collective work under the Canadian and other copyright laws,
and is the property of Total Metabolic Solutions. The collective work includes works that
are licensed to Total Metabolic Solutions., ALL RIGHTS RESERVED. Permission is
granted to electronically copy and print hard copy portions of this Website for the sole
purpose of placing an order with Total Metabolic Solutions., or purchasing products from
Total Metabolic Solutions.

You may display and, subject to any expressly stated restrictions or limitations relating
to specific material, download or print portions of the material from the different areas of
the Website solely for your own non-commercial use, or to place an order with Total
Metabolic Solutions. or to purchase Total Metabolic Solutions. products. Any other use,
including but not limited to the reproduction, distribution, display or transmission of the
content of this Website is strictly prohibited, unless authorized by Total Metabolic
Solutions. You further agree not to change or delete any proprietary notices from
materials downloaded from the Website.

TRADEMARKS

All trademarks, service marks and trade names of Total Metabolic Solutions. used on
the Website are trademarks or registered trademarks of Total Metabolic Solutions.

WARRANTY DISCLAIMER

This Website and the materials and products on this Website are provided “as is” and
without warranties of any kind, whether express or implied. To the fullest extent
permissible pursuant to applicable law, Total Metabolic Solutions. disclaims all
warranties, express or implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose and non-infringement. Total
Metabolic Solutions. does not represent or warrant that the functions contained in the
Website will be uninterrupted or error-free, that the defects will be corrected, or that this
Website or the server that makes the Website available are free of viruses or other
harmful components. Total Metabolic Solutions. does not make any warranties or
representations regarding the use of the materials in this Website in terms of their
correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some
states do not permit limitations or exclusions on warranties, so the above limitations
may not apply to you.

LIMITATION OF LIABILITY

Total Metabolic Solutions. shall not be liable for any special or consequential damages
that result from the use of, or the inability to use, the materials on this Website or the
performance of the products, even if Total Metabolic Solutions. has been advised of the
possibility of such damages. Applicable law may not allow the limitation of exclusion of
liability or incidental or consequential damages, so the above limitation or exclusion may
not apply to you.

FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY

The information provided in or through this Website is for educational and informational
purposes only and solely as a self-help tool for your own use.

NOT LEGAL OR FINANCIAL ADVICE

Total Metabolic Solutions, and it’s associates, employees and consultants are not
attorneys, accountants or financial advisors, nor are we holding ourselves out to be. The
information contained in this Website is not intended to be a substitute for legal or
financial advice that can be provided by your own attorney, accountant, and/or financial
advisor. Although care has been taken in preparing the information provided to you, we
cannot be held responsible for any errors or omissions, and I accept no liability
whatsoever for any loss or damage you may incur. Always seek financial and/or legal
counsel relating to your specific circumstances as needed for any and all questions and
concerns you now have, or may have in the future. You agree that the information on
our Website is not legal or financial advice.

PERSONAL RESPONSIBILITY

You aim to accurately represent the information provided to us on or through our
Website. You acknowledge that you are participating voluntarily in using our Website
and that you are solely and personally responsible for your choices, actions and results,
now and in the future. You accept full responsibility for the consequences of your use,
or non-use, of any information provided on or through this Website, and you agree to
use your own judgment and due diligence before implementing any idea, suggestion or
recommendation from our Website to your life, family or business.

CODE OF CONDUCT

You may not use Total Metabolic Solutions for any illegal or unauthorized purpose. In
addition to the laws of the Province of Manitoba, Canada, you also agree to comply with
all local laws that apply to your use of the Website. You may not use the Website in any
manner which could disable, overburden, damage, or impair the Website, or interfere
with any other party’s use and enjoyment of the Website. You agree that you are
responsible for your own conduct and communications while using the Website and for
any consequences of that use. You agree that when using the Website, you will not post
or upload any inappropriate, promotional, defamatory, destructive, obscene, or unlawful
content; defame, abuse, harass, or otherwise violate the legal rights (such as rights of
privacy and publicity) of others or upload dangerous or harmful files. Total Metabolic
Solutions reserves the right to remove individuals from our community in instances of
misconduct.

NO GUARANTEES

Total Metabolic Solutions is to support and assist you in reaching your own goals, but
your success depends primarily on your own effort, motivation, commitment and
follow-through. Total Metabolic Solutions cannot predict and does not guarantee that
you will attain a particular result, and you accept and understand that results differ for
each individual. Each individual’s results depend on his or her unique background,
dedication, desire, motivation, actions, and numerous other factors. You fully agree that
there are no guarantees as to the specific outcome or results you can expect from using
the information you receive on or through this Website.

PURCHASES AND SUBSCRIPTIONS

If you wish to purchase any product or service made available through the Website
(“Purchase”), you may be asked to supply certain information relevant to your Purchase
including, without limitation, your name, phone number, email address, physical
address, credit card information and geographic location. Please view our Privacy
Policy for more information on how we use your personal information. Some parts of the
Service are billed on a subscription basis as outlined on the sales and check out pages
of the product. You will be billed in advance on a recurring basis as per the subscription
agreement.

EARNINGS DISCLAIMER

Any earnings, income statements or examples shown through our Website are only
estimates of what might be possible now or in the future. There can be no assurance as
to any particular financial outcome based on the use of our Website. You agree that
Anna Paulich, Maleen Avery or Total Metabolic Solutions. are not responsible for your
earnings, the success or failure of your personal or business decisions, the increase or
decrease of your finances or income level, or any other result of any kind that you may
have as a result of information presented to you through our Website. You are solely
responsible for your results.

INDEMNIFICATION AND RELEASE OF CLAIMS

You hereby fully and completely hold harmless, indemnify and release Total Metabolic
Solutions. and any of its agents, consultants, affiliates, team members, joint venture
partners, employees, shareholders, directors, staff, team members, or anyone
otherwise affiliated with the business from any and all causes of action, allegations,
suits, claims, damages, or demands whatsoever, in law or equity, that may arise in the
past, present or future that is in any way related to our Website.

ERRORS AND OMISSIONS

Although every effort is made to ensure the accuracy of information shared on or
through this Website, the information may inadvertently contain inaccuracies or
typographical errors. You agree that Total Metabolic Solutions. is not responsible for the
views, opinions, or accuracy of facts referenced on or through the Website, or of those
of any other individual or company affiliated with our business or Anna Paulich or
Maleen Avery in any way. Because scientific, technology and business practices are
constantly evolving, you agree that Total Metabolic Solutions. is not responsible for the
accuracy of our Website, or for any errors or omissions that may occur.

NO ENDORSEMENT

References or links in our Website to the information, opinions, advice, programs,
products or services of any other individual, business or entity does not constitute our
formal endorsement. Total Metabolic Solutions. is merely sharing information for your
own self-help. Total Metabolic Solutions. is not responsible for the Website content,
blogs, e-mails, videos, social media, programs, products and/or services of any other
person, business or entity that may be linked or referenced in our Website. Conversely,
should our Website link appear in any other individuals, businesses or entities Website,
program, product or services, it does not constitute our formal endorsement of them,
their business or their Website either.

AFFILITATES

From time to time, we may promote, affiliate with, or partner with other individuals or
businesses whose programs, products and services align with mine. There may be
instances when we promote, market, share or sell programs, products or services for
other partners and in exchange we may receive financial compensation or other
rewards. Total Metabolic Solutions is highly selective and only promotes the partners
whose programs, products and/or services we respect. At the same time, you agree that
any such promotion or marketing does not serve as any form of endorsement
whatsoever. You are still required to use your own judgment to determine that any such
program, product or service is appropriate for you. You are assuming all risks, and you
agree that Total Metabolic Solutions. is not liable in any way for any program, product or
service that I may promote, market, share or sell on or through our Website.

VARIATION

Total Metabolic Solutions shall have the right in its absolute discretion at any time and
without notice to amend, remove or vary the Services and/or any page of this Website.

COMPLAINTS

Total Metabolic Solutions offers support to our clients and a complaints handling
procedure which we will use to try to resolve disputes when they first arise, with a
solution that is mutually agreeable to both the client and Total Metabolic Solutions.
Please let us know if you have any complaints or comments at

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid under any
applicable law, such unenforceability or invalidity shall not render these Terms
unenforceable or invalid as a whole, and such provisions shall be deleted without
affecting the remaining provisions herein.

ENTIRE AGREEMENT

These Terms, including any legal notices and disclaimers contained on this Website,
constitute the entire agreement between Total Metabolic Solutions and you in relation to
your use of this Website, and supersede all prior agreements and understandings with
respect to the same.

By using our Website you are agreeing to all parts of the above Disclaimer. If you have
any questions about this Disclaimer, please contact hello@totalmetabolicsolutions.com .

MEDICAL DISCLAIMER

All information contained within this program is for informational purposes only. It is not
intended to diagnose, treat, cure or prevent health problems – nor is it intended to
replace the advice of a qualified, licensed medical or other health practitioner. The
information provided within this course is believed to be accurate based on the best
judgment of the author, but the reader is responsible for consulting with his or her own
health professional on any matters raised within. We do not assume liability for the
information contained within this program, be it direct, indirect, consequential, special,
exemplary, or other. It’s advisable to consult your physician if you have questions or
concerns about any of the areas addressed in this program. Total Metabolic Solutions
strongly encourages you to follow all treatment plans including medications your
licensed provider has prescribed or ordered for you. Never alter your treatment plans or
medication strength/frequency (prescription, over-the-counter, or supplements) without
consulting with the licensed medical/health provider who prescribed/ordered them.

Stopping or altering the dosage of some medications can lead to life-threatening
complications and must be done under the supervision of a prescribing licensed medical
professional. The information within this program does not constitute a 1:1 or group
therapeutic relationship within the scope of a licensed professional. It is for the purposes
of vocational/avocational self-improvement only.

Programming by Total Metabolic Solutions offers dietary counselling only. We DO NOT offer
any medical advice or make recommendations on any testing. We are not legally permitted
to provide advice regarding medications, lab test interpretation, or address other medical
issues. We DO NOT provide dietary guidance for children under 18.

Participants in any of our programming will NOT be under the medical care of Dr. Maleen
Avery, medical director of Total Metabolic Solutions, in any capacity. The client’s own
physician is responsible to oversee their medications and blood work and it is solely the
client’s responsibility to notify his/her doctor of dietary changes.

Guarantee/Refund

All program fees are subject to applicable taxes. If the client chooses a payment plan,
they will be charged the initial payment at time of enrolling followed by installments
every 14 or 30 days depending on agreement.

If after you completed the first 4 modules and have attended 4 group coaching calls and
completed all weekly tasks and assessments and you still aren’t happy with the program
then you will receive a 65% refund or no further payments will be processed. If you do
not comply with the requirements outlined above, you will not qualify for a refund.

Lifetime Access

Once full payment is received, you will have lifetime access to the content Hub and
Facebook group ONLY for as long as the current version exists.

Call Cancellation/No Show

For 1:1 coaching calls: Calls can be cancelled/rescheduled up to 24 hours before the
time of the call, after which the call is forfeited, unless there is an emergency.

Emergencies are defined on a case by case basis at the sole discretion of the service
provider.

For group coaching: It is your responsibility to attend the weekly group coaching calls.
These coaching calls will not be carried forward.

Decline Payment

If a payment is missed, the client has 7 days to bring their account into good standing
after the declined payment. Total Metabolic solutions will reach out to you. After two
failed attempts, you will lose program access until the account is brought into good
standing.

If the account remains in poor standing for 14 days, then the account will be cancelled
completely, and no refund will be provided.

Office Hours/Customer Service

Our support team is available Monday- Friday between the hours of 8am -4pm CST to
answer any questions related to billing, product issues or technical support. You can
email hello@totalmetabolicsolutions.com and expect a response within 24 hours.
All Rights Reserved - Terms & Conditions