Terms + Conditions
TERMS OF USE & SERVICE
SUBLIME NUTRITION & HEALTH SOLUTIONS
Last updated on February 7, 2022
This page (together with the documents referred to on it) sets out the terms of use (the “Terms of Use”) on which you may make use of the Website at www.sublimestate.com (the “Website”), whether as a guest or a registered user.
Please read these Terms of Use carefully before you start to use the Website. By using our Website, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using the Website.
1. User Account, Password, and Security
You will receive a password and user account upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to (a) immediately notify Sublime State of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Sublime State cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
2. User Conduct
You acknowledge and agree that Sublime State may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Sublime State, its users and the public.
You understand that the technical processing and operation of the Website, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
You agree that you are responsible for actions and communications undertaken under your account. Sublime State takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against Sublime State and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, Content or materials on the Website. You agree to indemnify Sublime State and its affiliates from all claims and expenses, including reasonable attorney’s fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.
You agree that you will use this Website and any products and services, ordered on this Website in accordance with all applicable Canadian federal, Ontario provincial and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
3. Privacy Policy
Your privacy is very important to Sublime State. Users of this Website should refer to our privacy policy for information about how Sublime State collects and uses personal information. By accepting this Agreement you expressly consent to Sublime State’s disclosure and use of your personal information as described in the Privacy Policy, which is incorporated herein by reference.
4. Proprietary Rights
You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Website, by Sublime State, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the Website without the authorization of the Content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Website, in violation of applicable copyright and other intellectual property laws.
You retain all ownership rights to your Content submitted to the Website. By submitting Content to Sublime State, you grant Sublime State a nonexclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your Content.
You acknowledge and agree that the Website and any software provided to you or used in connection with the Website, including, for example and without limitation, any API’s or other scripts (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except to the extent that a separate click on agreement applies to a particular piece of Software, subject to your compliance with the terms and conditions of this Agreement, Sublime State grants you a non-exclusive, non-transferable, non-sublicenseable license to use the Software solely as necessary to use this Website and provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Software, in whole or in part.
The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to Sublime State (excluding your Content you submit) will automatically be deemed to be assigned, granted and transferred by you to Sublime State upon their submission or communication to Sublime State, and you do assign all rights therein to Sublime State and agree that the same will automatically become the property of Sublime State and that Sublime State may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose Sublime State may elect, forever.
5. Intellectual Property Policy
Sublime State respects the intellectual property rights of others. We ask our users to do the same. Sublime State may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others.
If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify Sublime State’s Copyright Agent, and provide the following information (“Notice”):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
a description of the copyrighted work and/or trademark claimed to have been infringed;
a description of where the claimed infringing Content is located on our Website;
your address, telephone number, and email address
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.
7. Warranty
You represent and warrant that you are the owner of the content which you submit and that the content does not infringe upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others. You also represent that there are no outstanding disputes in connection with the property rights, intellectual property rights or other rights in the content or any parts of the content. You hereby represent and warrant to us that this agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgement or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you.
8. Indemnity
You agree to defend, indemnify and hold Sublime State and Sublime State’s officers, directors, employees, agents and licensors harmless from all judgements, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through the Website, (b) your use of the Website, (c) your connection to the Website, (d) your violation of the Agreement or (e) your violation of any rights of a third party.
9. No Resale
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, use of the Website or access to the Website without Sublime State‘s express written consent.
10. Termination
You agree that Sublime State, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Website, and remove and discard any Content you may have contributed to the Website, at any time for any reason or no reason. Sublime State may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Sublime State may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Website. Further, you agree that Sublime State shall not be liable to you or any third-party for any termination of your access to the Website. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue your use of the Website and/or terminate your account.
11. Links
The Website may provide, or third parties may provide, links to other websites or resources. Because Sublime State has no control of such sites and resources, you acknowledge and agree that Sublime State is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources or the policies or such sites and resources. Sublime State is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Website or resource.
12. Public Reputation
You acknowledge and agree that you will not use any product or service ordered from the Website in a way that would be damaging to Sublime State’s public reputation or that of its employees, board members, shareholders, licensors, or solution partners. Additionally, you acknowledge that if you choose to display any product or service ordered from Sublime State, in a public setting, including on the Internet, in a way which disparages Sublime State, Sublime State’s board members, employees, shareholders or partners, or the Canadian Postal Service, Sublime State reserves the right to demand immediate return of the product or service, to furthermore pursue all recourses and remedies available under the law.
13. Pricing, Shipping, and Terms of Sale
Prices for products are described on the Website and are incorporated into this Agreement by reference. All prices are in Canadian dollars. Prices and products may change at Sublime State’s discretion. Title and risk of loss for all products ordered by you shall pass to you on Sublime State’s shipment to the shipping carrier. Purchases are subject to Sublime State’s Return Policy. Sublime State reserves the right to cancel any order for any product that may violate the intellectual property rights of a third party and will notify the purchaser that the order has been canceled.
14. Refund Policy
Refund Policy for all the products and services will be mentioned alongside the product/service listing. General Refund Policy is as follows:
· For online courses: Due to the immediate Accessibility of online courses upon purchase, NO refund will be offered by Sublime State for online courses.
·For Online Appointment: If the online appointment is cancelled by you more than 24 hours prior to the scheduled appointment, fully usable Store Credits will be issued to you which can be used to buy products and services on our Website. Store Credits must be used within twelve months from the date of issuance. No refund is provided for appointments which are cancelled with less than 24 hours remaining.
15. Age and Geographic Restrictions
You must be at least 13 years of age to use this Website. Please contact us if you have any concerns or questions about this restriction.
16. Correction of Errors and Inaccuracies
The information and product listings on this Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit or restrict quantities of products (including after you have submitted your order) for any reason, including, without limitation, if the product violates any terms of this Agreement.
16. Disclaimer of Warranties
Your use of the Website is at your sole risk. This Website and the information, services, products, programs and materials available through it are provided on an “as is” and “as available” basis.
All recommendations (verbal, written, audio, internet and email) provided by Sublime State are intended for educational and informational purposes only. The information provided is not a substitute for a professional medical opinion. Please contact your doctor for specific individualized health and nutrition recommendations. Sublime State and its employees, consultants, authors and publishers disclaim any liability in connection with the use of the information.
To the fullest extent permissible pursuant to applicable law, Sublime State and its affiliates expressly disclaim all warranties of any kind whether express or implied, including but not limited to any warranties of title, or implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Sublime State does not make any warranty that (a) the Website or its content will meet your requirements, or (b) that the Website or service will be uninterrupted, timely, secure, or error free, or (c) the quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your expectations, or (d) that defects, if any, will be corrected. You agree that Sublime State shall have no responsibility for any damages suffered by you in connection with the Website or any content contained therein.
You expressly agree that use of this Website, including all content, data or software distributed by, downloaded or accessed from or through this Website, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of such content, data and/or software.
You acknowledge that Sublime State does not control in any respect any information, products, or services offered by third parties on or through this Website. Except as otherwise agreed in writing, Sublime State and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of content or products distributed or made available by third parties through this Website.
You acknowledge that Sublime State makes no warranty or representation that confidentiality of information transmitted through this Website will be maintained.
No advice or information, whether oral or written, obtained by you from Sublime State or through or from the Website shall create any warranty not expressly stated in the agreement.
17. Limitation of liability
Under no circumstances including, without limitation, its own negligence, shall Sublime State or its parents, subsidiaries, officers, employees, affiliates, directors, agents, suppliers, or any other party involved in creating, producing, transmitting, or distributing Sublime State or related services be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Sublime State has been advised of the possibility of such damages), resulting from: (a) the use or inability to use the Website; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Website or (e) any other matter relating to the Website. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law.
18. Severability
If any provision of this agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this agreement shall in no way be affected or impaired.
19. General
These terms and conditions and your relationship with Sublime State shall be governed by and construed in accordance with the laws of the province of Ontario, without resort to its conflict of law provisions. You and Sublime State agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Toronto, Ontario. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. Sublime State may assign its rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision. Sublime State’s failure to act with respect to a breach by you or others does not waive Sublime State’s right to act with respect to subsequent or similar breaches. This Agreement constitutes the entire agreement between you and Sublime State, and supersedes all other communications, written or oral, with regard to the Website and services provided by Sublime State.
PRIVACY & COOKIE POLICY
SUBLIME NUTRITION & HEALTH SOLUTIONS
Last updated on February 7, 2022
Sublime State & The Midlife Metabolism Fix Privacy Policy & Terms and
Conditions
Privacy Policy
SUBLIME STATE & The Midlife Metabolism Fix – 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 defense 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 offenses.
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@sublimestate.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 Sublime
State.
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 authorisation. 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 fulfill 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 anonymise 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 Sublime State, 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 February 7, 2022.
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 our 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: hello@sublimestate.com
Terms & 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 Sublime State. The collective work includes works that are licensed to Sublime
State., 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 Sublime State., or
purchasing products from Sublime State.
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 Sublime State. or to
purchase Sublime State. 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 Sublime State. 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 Sublime State. used on the Website are
trademarks or registered trademarks of Sublime State.
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, Sublime State. disclaims all warranties, express or implied, including, but not
limited to, implied warranties of merchantability and fitness for a particular purpose and
non-infringement. Sublime State. 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. Sublime State. 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
Sublime State. 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 Sublime State. 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 MEDICAL OR HEALTH ADVICE
Sublime State, and it’s associates, employees and consultants are not medical doctors, nor are
we holding ourselves out to be. The information contained in this Website and any associated
programs is not intended to be a substitute for medical advice that can be provided by your own
medical doctor. Although care has been taken in preparing the information provided to you, we
cannot be held responsible for any errors or omissions, and we accept no liability whatsoever
for any loss or damage you may incur. Always seek medical advice 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 and associated programs is not
medical advice.
This website, the information within and any associated programs offered through Sublime State
are designed to provide helpful information on the subjects discussed. It is not meant to be
used, nor should it be used, to diagnose, prevent or treat any medical condition. For diagnosis
or treatment of any medical issue, consult your own qualified medical professional. Sublime
State, and it’s associates, employees and consultants are not responsible for any specific health
needs that may require medical supervision and are not liable for any medical damages or
negative consequences for any treatment, action, application, or preparation to any person
obtaining information on this website or any associated programs herein. Content provided is
for informational and educational purposes only and does not constitute any form of medical
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, or
family.
CODE OF CONDUCT
You may not use Sublime State for any illegal or unauthorized purpose. In addition to the laws of
the Province of Ontario, 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.
Sublime State reserves the right to remove individuals from our community in instances of
misconduct.
NO GUARANTEES
Sublime State 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. Sublime
State. 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.
WEIGHT LOSS DISCLAIMER
Any weight loss 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 outcome
based on the use of our Website. You agree that Genevieve Chittick Tonin and Sublime State.
are not responsible for your weight loss, the success or failure of your personal or business
decisions, the increase or decrease of your weight, 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 Sublime State. 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 Sublime State. 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 Genevieve Chittick Tonin in any way. Because scientific, technology and
business practices are constantly evolving, you agree that Sublime State. 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.
Sublime State. is merely sharing information for your own self-help. Sublime State. 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.
AFFILIATES
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. Sublime State 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 Sublime State. 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
Sublime State 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
Sublime State 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 Sublime State. Please let us know if you have any complaints or comments
at hello@sublimestate.com
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 Sublime State 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@sublimestate.com.
Guarantee/Refund
Due to the digital nature of our programs and because the entire contents are made
immediately available to customers at the time of purchase, no refunds will be offered/given
under any circumstances.
Lifetime access
Upon successful and complete payment of any product or program, you will have access to all
program content for the lifetime of the course, for as long as I continue to run The Sublime
Weight Loss Solution, and guaranteed access for AT LEAST one year after you enroll. You will
also retain ongoing access to the Facebook Group and group coaching calls for as long as they
are offered, providing you follow the code of conduct and group program participation rules.
Program updates and/or Add-Ons may be offered from time to time. Depending on the nature
of the update or add-on, an additional fee may or may not be required in order to obtain access
to any additional information or new features.
Call Cancellation/No show
On occasion, group coaching calls will not be available due to a holiday, vacation or an absence
of the host, anticipated or otherwise. An email notification will be sent to participants, as soon
as possible, informing them that an upcoming group coaching session is canceled. Whenever
possible, at least 24-hours notice will be provided for canceled group coaching calls. No
additional coaching calls will be scheduled to compensate for the cancellation unless otherwise
stated.
Decline payment
In the event of a declined payment, the following action will be taken:
Email #1: sent immediately upon decline with a three-day deadline
Email #2: to bring account up to date within the next two business days or the client will be
withdrawn from the program until the account is brought up to date
Email #3: Notice of interruption until the account is brought up to date
Email #4: Continued emails on a weekly basis (include phone calls if phone number is available)
Remove all applicable program access
Office Hours/Customer service
If you require support please contact customer service by emailing hello@sublimestate.com.
This email address is responded to Monday through Thursday from 10AM to 3PM EST. Please
allow 24-hours for a response.
Complaints/Communication
For complaints or if you need to contact Sublime State, please reach out by email to
hello@sublimestate.com.
Discounts
Unless otherwise stated, no discounts will be offered.
THIRD-PARTY DATA PROCESSING ADDENDUM
SUBLIME NUTRITION & HEALTH SOLUTIONS
This Third-Party Data Processing Addendum ("DPA") forms part of Sublime State’s Privacy Policy, pursuant to which User has accessed Services as defined in the applicable policies. The purpose of this DPA is to reflect the parties' agreement with regard to the processing of Data by authorized Third-Party Data Processors engaged by Sublime State.
In order for our services to function, we need to share limited user data with third-party services. Below is a list of third-party services that have access and permission to process certain user data. Each third-party service is reliable and has data protection guarantees approved by Sublime State. Our commitment is, and always will be, to our user’s privacy.
3rd Party Processor: Stripe
Purpose: Payment Gateway
Link to their Privacy Policy: https://stripe.com/en-ca/privacy
3rd Party Processor: Calendly
Purpose: Appointment Scheduling
Link to their Privacy Policy: https://help.acuityscheduling.com/hc/en-us/articles/219149587-Security-Privacy-Compliance
If you have any questions or concerns, please contact our Data Protection Officer by clicking here or email directly by clicking here
sublimestate.com Accessibility Statement
Updated: February 2022.
General
sublimestate.com strives to ensure that its services are accessible to people with disabilities. sublimestate.com has invested a significant amount of resources to help ensure that its website is made easier to use and more accessible for people with disabilities, with the strong belief that every person has the right to live with dignity, equality, comfort and independence.
Accessibility on sublimestate.com
sublimestate.com makes available the UserWay Website Accessibility Widget that is powered by a dedicated accessibility server. The software allows sublimestate.com to improve its compliance with the Web Content Accessibility Guidelines (WCAG 2.1).
Enabling the Accessibility Menu
The sublimestate.com accessibility menu can be enabled by clicking the accessibility menu icon that appears on the corner of the page. After triggering the accessibility menu, please wait a moment for the accessibility menu to load in its entirety.
Disclaimer
sublimestate.com continues its efforts to constantly improve the accessibility of its site and services in the belief that it is our collective moral obligation to allow seamless, accessible and unhindered use also for those of us with disabilities.
Despite our efforts to make all pages and content on sublimestate.com fully accessible, some content may not have yet been fully adapted to the strictest accessibility standards. This may be a result of not having found or identified the most appropriate technological solution.
Here For You
If you are experiencing difficulty with any content on sublimestate.com or require assistance with any part of our site, please contact us during normal business hours as detailed below and we will be happy to assist.
Contact Us
If you wish to report an accessibility issue, have any questions or need assistance, please contact sublimestate.com Customer Support as follows:
Email: hello@sublimestate.com