We’ve tried to make this as easy as possible to navigate, even though it’s a legal document. If you have any questions, please contact us. Click on these summary headings to read individual sections of our Terms & Conditions agreement, or just scroll down to read it entirely:
- Introduction to Agreement
- Scope of Terms & Conditions
- Terms & Conditions
- Membership Billing Information, including information on refunds, cancellations, membership fees, and billing procedures
- Your Membership Account, including rules about access to our site
- Restrictions on Use of Materials, including our intellectual property rights and other provisions on how you can use our content
- Online Conduct Guidelines, including rules for behavior on our message boards
- Submissions, regarding how we can use content submitted to us
- Links, regarding our linking to other sites
- Third Party Products and Services, regarding other companies’ products that we may mention or suggest
- Warranty Disclaimers and Limitations of Liability
- Governing Law
- Miscellaneous Terms
1. Introduction to Agreement
The following are terms of a legal agreement between you (“You”) and Clutter Diet Inc. (“The Clutter Diet”, “we” or “our”). By using, accessing and/or browsing our website (“Website”), you agree without limitation or qualification to be bound by these Terms and Conditions of Use (“Terms”), which may be revised at anytime. Your use of this Website following the posting of these Terms and any changes to them means that you accept the terms.
2. For Members: Scope of Terms & Conditions
Your participation in The Clutter Diet program (“Service”) and its accompanying Website is entirely voluntary, and by completing and submitting the sign-up form and submitting payment information, you acknowledge that you are a Member, and that you have read, understand, and agree to these Terms.
3. Terms & Conditions
By using this Website as a Member, you agree to be legally bound and to abide by these Terms. If you do not comply with these Terms at any time, we reserve the right, without prior notice, to terminate or deactivate your password, user account, and/or access to this Website and delete your information and bar future access (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website, including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Website. 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 Sites. From time to time, we may supplement these Terms 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.
a. MONTHLY MEMBERSHIP OPTION: Fees for being a monthly Member of The Clutter Diet are charged as an automatically recurring monthly payment of $27.00 (“Monthly Access Fees”). The term of the monthly billing cycle includes one full month’s time; there is no prorating of days or percentages of the month’s usage. Monthly Access Fees are automatically charged to your credit or debit card each month until we are notified of cancellation. Cancellation becomes effective at the end of the current monthly billing cycle. There are no refunds for these monthly payments.
b. ANNUAL OPTION: The fee for becoming an annual Member of The Clutter Diet consists of one annual payment of $197.00 (“Annual Access Fee”), payable in full upon joining. The term of Membership extends from the first date of the active annual membership to the same date the following year. Members who upgrade to an Annual membership from Monthly will start their Annual membership term the day after their Monthly membership expires. Annual membership payments do automatically renew on the expiration date, charging the credit or debit card you authorized when joining. We provide ample advance notice of the charge via the email address you have provided.
c. PHONE AND VIDEO CONSULTING HOURS: Hours purchased for expert consulting via phone or video expire after one year from date of purchase. If phone/video time is received as a result of a special promotion, such as a free hour for a membership sale, those promotional hours expire 90 days after the date of purchase of the promotion. Time may be scheduled and will be deducted in 15 minute increments if used via phone/voice, and if time is used via video (such as Skype video calling), it must be deducted and scheduled in one-hour increments. To reschedule or cancel an appointment, 48 hours of advance notice must be provided to the organizer expert scheduled with or the time will be forfeited. There are no free “make-up” calls for missed appointments.
If you choose to cancel your Membership before the end of the annual term, any refund that is due will be calculated based on all of the months used at the full Monthly Access Fee rate of $27.00. Months used are calculated in units of full months; there is no prorating of days or percentages of the month’s usage.
If there is a remainder to refund, it will be credited to the credit or debit card you used when joining. When this is not possible, we will mail a check. There are no retroactive refunds given for Membership time already elapsed, only for the remaining time in the annual term. There are no refunds given beyond 7 months of usage. Refunds are given according to the table below.
Refund Table for Annual Membership Cancellations:
|Number of Membership Months Used|
$27.00 x 1 month = $27.00
$27.00 x 2 months = $54.00
$27.00 x 3 months = $81.00
$27.00 x 4 months = $108.00
$27.00 x 5 months = $135
$27.00 x 6 months = $162.00
$27.00 x 7 months = $189.00
$27.00x 8 months =
d. METHOD FOR CANCELLATIONS: You may cancel your Membership at any time by going to the Member area and clicking “My Account” to locate the cancellation process online. You may also cancel by contacting us at 512-498-9800 ext. 71, using our “Contact Us” web form, or sending an e-mail to info@ clutterdiet.com. If any refund is due, it will be processed promptly within the next several business days from your cancellation date.
5. Your Membership Account
Memberships are non-transferable. We reserve the right to cancel your Membership at any time for sharing your password and login with a non-member or providing members-only content to non-members. You agree not to assign, transfer or sublicense your rights as a registered user of this Website.
If you are a registered member of this Website, you are responsible for maintaining the confidentiality of your password and user account information. You must 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 responsible for any and all activities which occur under your user account. If any credit or debit card charge is denied and payment is not received, you will not have access to the Website’s Member area until payment is received. You will be prompted upon login to provide payment. If any credit card charge is denied and payment is not received, you will not have access to the Site’s Member area until payment is received. You will be prompted upon login to provide payment.
If you become a Member of our Website, you agree to provide us with true, accurate and complete information about yourself (especially a current, active email address for billing and customer service communications) and to maintain and promptly update this information to keep it accurate in the “My Account” area of our site. Without limiting any other provision of these Terms, 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).
6. 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.
You acknowledge that this Website contains information, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, 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 copyright laws of the United States and other countries. The Clutter Diet and its third party suppliers own the copyright in the selection, coordination, arrangement and enhancement of such Content. 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 except as otherwise set forth herein. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content; only a right to use for your personal use. 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.
As you utilize the Content according to the above terms, you have access only to Content that is currently being offered live on the Website. If previously displayed Content has been removed, you do not have the right to have the previously displayed Content provided to you.
Get Your House in Shape!®, Just a Bite®, Clutter Diet® and certain other trademarks and logos appearing on this website are trademarks and registered trademarks of Clutter Diet, Inc. in the United States and other countries. All other trademarks appearing on this Website are trademarks of their respective owners.
7. Online Conduct Guidelines
The Clutter Diet maintains a message board interface for its Members’ use only. You acknowledge that all Content and all information, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials posted, e-mailed, or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you submit, e-mail, or otherwise transmit to this Website.
We do not control the Postings posted, e-mailed or otherwise transmitted on our Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted online conduct guidelines for the Members of our Website (as described below), you understand that by using this Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, e-mailed or otherwise transmitted to or through this Website.
You agree not to use this Website (including any Forums) to:
a. Upload, post, e-mail or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of Provider, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Provider, our affiliates or any other person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this Website;
e. Upload, post, e-mail or otherwise transmit any Postings or other materials that you do not have a right to upload, post, e-mail or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post, e-mail or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
g. Upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
h. Upload, post, e-mail or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of a Forum (or other portion of this Website) are able to type, or otherwise act in a manner that negatively affects other users’ ability to use any Forum;
j. Interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
k. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
l. “”Stalk” or otherwise harass another user or an employee or contractor of this Website; or
m. Collect or store personal data or attempt to collect or store personal data about other users of the Website.
Your privilege to use this Website (including the Forums) and contribute to discussions on the Forums depends on your compliance with the Terms including the online conduct guidelines set forth herein. We may revoke your privileges to use all or a portion of this Website and/or take any other appropriate measures to enforce these online conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our online conduct guidelines, we may terminate, in our sole discretion, your use of, or participation in, any Forum, and we reserve the right to terminate your Membership and access to the Website entirely.
Although we do primarily limit access to our message boards to Members only, Forum communications, including, but not limited to, chat and message board communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of this Website (including any Forum) for adherence to the online conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in the Forums, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Forum. Although we reserve the right to remove, without notice, any Forum posting for any reason, we have no obligation to delete Postings that you may find objectionable or offensive.
Without limitation of the foregoing, you grant Provider and its successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such Submissions. You also warrant that any third party holder of any Rights, including moral rights in such Submissions, has validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that Provider and its successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
These Terms apply only to our Website, and not to the websites of any other person or entity even if those websites are linked to our Website. 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, webmaster, or customer service department.
11. Third Party Products and Services
You may order services, merchandise or other products through our Website from other parties (collectively, the “Third Party Sellers”). For example, we may suggest a product that would be purchased through Amazon.com and provide a link. 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.
12. Warranty Disclaimers and Limitations of Liability
THE CLUTTER DIET MAKES no express or implied REPRESENTATIONS or WARRANTIES with respect to the services, ANY PRODUCTS or their condition, merchantability, fitness for any particular purpose or use by YOU OR THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. The Website is provided on an “as is” and “as available” basis. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL CLUTTER DIET BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE SERVICES OR MATERIALS ON THIS WEBSITE, EVEN IF CLUTTER DIET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER ANY PART OF THIS AGREEMENT EVEN IF ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, A PARTY’S CUMULATIVE LIABILITY TO THE OTHER PARTY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY EACH PARTY TO THE OTHER PARTY FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE PRIOR TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE RELEVANT CAUSE OF ACTION AROSE.
You agree to indemnify, hold harmless and, at our option, defend the Service 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, recommendations, or offerings; consequences of recommendations you have implemented from our organizing experts; your violation of these Terms or applicable law; 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.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts, as applicable, located in the County of Travis, State of Texas, for any dispute arising out of or relating to this Agreement.
15. Miscellaneous Terms
In any action arising from the use of this Website, if we prevail, we shall be entitled to recover our reasonable attorney’s fees and costs.
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 is the entire agreement between you and us relating to the subject matter herein. These Terms may be modified only by our posting of changes to these Terms 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. These Terms 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, or to exercise any right under the Terms, 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.
Effective Date: This policy was last updated on September 3, 2015.