1. Agreement to Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. These Terms are a legal contract between you and Brain over Binge Recovery Coaching LLC dba Brain over Binge (“Brain over Binge”, “we”, “us”, or “our”).
If you use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to enter and accept these Terms on such individual’s or entity’s behalf.
2. Changes to Terms of Service and Services
To the fullest extent permitted by law, we reserve the right to change these Terms at any time in our sole discretion and to notify users of any such changes by posting the amended Terms on our websites or mobile applications, if any (collectively, the “Site”). The most current version of these Terms will supersede all previous versions. Your continued use of the Services after the posting of any amended Terms shall constitute your agreement to be bound by such changes.
We may from time to time add new Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. The use of new services will be governed by these Terms. You agree that we will not be liable to you or any third party for any change, suspension or discontinuation of any of the Services or portion thereof.
4. Information on the Site Is Not Medical Advice
The Site and Services were created to help you understand your struggles with eating disorders and how to overcome them.
BRAIN OVER BINGE AND KATHRYN HANSEN ARE NOT AND DO NOT HOLD THEMSELVES OUT TO BE A DOCTOR/PHYSICIAN, NURSE, PHYSICIAN’S ASSISTANT, ADVANCE PRACTICE NURSE, OR ANY OTHER MEDICAL PROFESSIONAL , PSYCHIATRIST, PSYCHOLOGIST, THERAPIST, COUNSELOR, OR SOCIAL WORKER, REGISTERED DIETICIAN OR LICENSED NUTRITIONIST, OR MEMBER OF THE CLERGY.
THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. THE SERVICES AND CONTENT ARE NOT INTENDED TO BE A SUBSTITUTE, NOR A REPLACEMENT, FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES IS NOT INTENDED TO BE, AND SHOULD NOT BE RELIED UPON OR CONSTRUED AS, THE PRACTICE OF PROFESSIONAL HEALTHCARE OR MEDICAL ADVICE OR THE PROVISION OF MEDICAL CARE.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. ANY EXERCISES OR CONSUMPTION OF PRODUCTS DESCRIBED ON THIS WEB SITE MAY RESULT IN INJURY. BY VOLUNTARILY UNDERTAKING ANY ACTIVITIES OR CONSUMING PRODUCTS DESCRIBED ON THIS SITE, YOU ASSUME THE RISK OF ANY RESULTING INJURY. NOTHING ON THIS SITE HAS BEEN REVIEWED BY THE FDA, AND IS NOT INTENDED TO REPLACE THE ADVICE OF A LICENSED MEDICAL PROFESSIONAL. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF MEDICAL PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT. NEVER DISREGARD PROFESSIONAL ADVICE, INCLUDING MEDICAL ADVICE, OR DELAY IN SEEKING IT, BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE.
“Content” as used herein includes, but is not limited to, all written materials, articles, data, images, podcasts, audios, videos, worksheets, photographs, search results, blogs, and other information and materials provided, made available or otherwise found through the Services.
The Content made available through the Service is for educational and informational purposes only and does not constitute medical or treatment advice. Although we do hope and take steps to encourage that the Content is accurate and helpful, you acknowledge that we have no control over, and no duty to take any action regarding: (a) which users gain access to the Site and/or the Services, (b) what Content you access, (c) what effects the Content may have on you, (d) how you may interpret or use the Content, or (e) what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired, you having not acquired, or your use of Content. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services. We have no special relationship with or fiduciary duty to you.
In addition, Brain over Binge may publish, provide, link to or utilize third-party data and other content, on the Sites or in connection with the Services (collectively the “Third-Party Content”) as a service to those interested in this information.
BRAIN OVER BINGE DOES NOT CONTROL, ENDORSE OR ADOPT ANY THIRD-PARTY CONTENT AND MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND REGARDING THE THIRD-PARTY CONTENT, INCLUDING WITHOUT LIMITATION REGARDING ITS ACCURACY, CURRENCY, OR COMPLETENESS. YOU ACKNOWLEDGE AND AGREE THAT BRAIN OVER BINGE IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY CONTENT AND UNDERTAKES NO RESPONSIBILITY TO UPDATE OR REVIEW ANY THIRD-PARTY CONTENT. USERS USE SUCH THIRD-PARTY CONTENT AND ANYTHING DERIVED THEREFROM AT THEIR OWN RISK.
Brain over Binge does not recommend, endorse, screen, or approve of any medical procedures, tests, data, or other information that may be addressed in the Content. Additionally, Brain over Binge does not necessarily endorse, share, or claim the same values, opinions, or beliefs of the Content or of its creators.
5. Medical Emergencies
IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND 911. DO NOT RELY ON THE SERVICES FOR A MEDICAL EMERGENCY.
BRAIN OVER BINGE RESOURCES ARE NOT A TREATMENT FOR SUICIDE IDEATION, DEPRESSION, TRAUMA, PSYCHIATRIC PROBLEMS, OR SUBSTANCE ABUSE; AND DOES NOT PROVIDE CRISIS SUPPORT OR INDIVIDUAL COUNSELING/COACHING SERVICES.
6. Age Restrictions
The Services and this Site are intended for users who are 18 years of age and above. Some of the content on the Site may be inappropriate for children. You must be 18 years of age or older to create an account with us or use the Services.
If you are not eligible to access the Site or Services under these Terms, do not use the Site or Services. Brain over Binge disclaims any and all liability arising from use of the Site or Services by individuals under the age of 18.
7. No Patient Relationship Is Formed Through the Site or Services
NO PATIENT RELATIONSHIP IS CREATED THROUGH YOUR USE OF THE SERVICES OR CONTENT, INCLUDING, WITHOUT LIMITATION, THROUGH USE OF OUR SERVICES.
Brain over Binge offers online resources and written materials to provide users with education, NOT to make a diagnosis or provide or recommend treatment. Use of Brain over Binge Services and resources are not a form of or substitute for receiving health or medical care, and communication with Brain over Binge or any of its personnel for advice does not create or constitute a professional clinical relationship.
8. Your Account Credentials
To fully use all of the Services, you may be required to register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form (“Registration Data”). You will be required to create an account name, enter your email address and create a password (“Credentials”). You are responsible for maintaining the confidentiality of your Registration Data and Credentials and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You accept all risk of unauthorized access to the Registration Data and any other information you provide to us. You represent and warrant that: (a) all required Registration Data you submit is truthful and accurate; and (b) you will maintain the accuracy of such Registration Data by updating as necessary. You may delete your Account at any time, for any reason. We may suspend or terminate your Account in accordance with these Terms and in our sole discretion. We are under no obligation to retain a record of your account or any data or information that you may have stored by means of the account or your use of the Services.
9. DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY BRAIN OVER BINGE, ALL SERVICES, CONTENT AND SITES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
BRAIN OVER BINGE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. BRAIN OVER BINGE MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, CONTENT OR SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, CURRENT OR ERROR-FREE.
WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, BRAIN OVER BINGE MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
FURTHER, WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO, THE ACCURACY, CONTENT OR AVAILABILITY OF INFORMATION FOUND ON A SITE THAT LINKS TO OR FROM A THIRD-PARTY SITE. WE MAY OFFER LINKS TO, OR INCORPORATE INTO THE SITE, THIRD-PARTY SITES THAT OFFER VARIOUS PRODUCTS AND/OR SERVICES. WE CANNOT ENSURE THAT USERS WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT ARE PURCHASED FROM SUCH A THIRD-PARTY SITE, SINCE SUCH SITES ARE OWNED AND OPERATED BY OTHERS. WE DO NOT ENDORSE ANY OF SUCH PRODUCTS OR SERVICES, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION CONTAINED IN ANY THIRD PARTY SITES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION) USERS MIGHT BE REQUESTED TO GIVE A THIRD-PARTY SITE. WE STRONGLY ENCOURAGE USERS TO MAKE THEIR OWN INVESTIGATION OF THIRD-PARTY SITES BEFORE PROCEEDING WITH ANY TRANSACTION WITH SUCH THIRD PARTIES.
10. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law: (a) in no event shall Brain over Binge, its directors, members, employees or agents be liable for any special, indirect or consequential damages, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Sites, the Content, the Services or the materials contained in or accessed through the Site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Brain over Binge, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Brain over Binge’s records, programs or services; and (b) in no event shall the aggregate liability of Brain over Binge, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use any providers, the Brain over Binge service, the sites, and the site materials, exceed any compensation you pay, if any, to Brain over Binge for access to or use of the sites and the services.
You agree to defend, indemnify, and hold harmless Brain over Binge and our officers, employees, independent contractors, suppliers and agents from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or relating to (a) your use of the Site and/or Services, (b) your violation of applicable laws or regulations or (c) your conduct, your violation of these Terms of Service or your violation of the rights of any third party.
Notwithstanding any of these Terms, Brain over Binge reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites and related services, and to block or prevent future your access to and use of the Sites.
13. Copyright Matters; Copyright Complaints
All Content is the intellectual property of Brain over Binge and its contributors. Unauthorized distribution, republication, or copying of any Content in any form is strictly prohibited.
It is Brain over Binge’s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting our copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to lo cate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized18 representative.
Brain over Binge’s agent for copyright issues relating to this Site is as follows:
PO Box 1254
Edgewater, FL 32132
Phone number: (602) 888- 1563
In an effort to protect the rights of copyright owners, Brain over Binge maintains a policy for the termination, in appropriate circumstances, of users of this Site who are repeat infringers.
14. Applicable Law and Venue
These Terms of Service and your use of the Services shall be governed by and construed in accordance with the laws of the State of Florida, applicable to agreements made and to be entirely performed within the State of Florida, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the state and federal courts located in Volusia County, Florida and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Service.
15. Arbitration Agreement; Class Waiver
Please read the following paragraphs carefully because they require you to arbitrate disputes with Brain over Binge, and limit the manner in which you can seek relief from us.
All claims and disputes in connection with the Terms or the use of any product or service provided by Brain over Binge that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”), except that neither party is required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. This Arbitration Agreement applies to you and Brain over Binge, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
The arbitrator will decide the rights and liabilities, if any, of you and Brain over Binge, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Brain over Binge.
YOU AND BRAIN OVER BINGE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Brain over Binge in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND BRAIN OVER BINGE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding any other provision in these Terms, in the event that this sub-paragraph is deemed invalid or unenforceable, neither you nor Brain over Binge are entitled to arbitration and instead all claims and disputes shall be resolved in a court located in Volusia County, Florida.
No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. Notwithstanding the foregoing, no party shall be prevented from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Notwithstanding the foregoing, either you or Brain over Binge may bring an individual action in small claims court. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the federal and courts located in Volusia County, Florida, for such purpose.
This Arbitration Agreement will survive the termination of your relationship with Brain over Binge.
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
17. Questions & Contact Information
If you have any comments, concerns or questions about these Terms or our Services, please contact us at:
PO Box 1254
Edgewater, FL 32132
Phone number: 602-888-1563
Last updated: August 10, 2020