DISCLAIMER AND TERMS OF USE AGREEMENT

PLEASE READ THIS DISCLAIMER AND TERMS OF USE AGREEMENT (THE "AGREEMENT") CAREFULLY PRIOR TO YOUR USE OF THIS WEB WEBSITE.

By clicking on the checkbox next to the paragraph that includes the words "I have read and agreed to the Privacy Policy and the Disclaimer And Terms Of Use Agreementor otherwise utilizing the Website, you ("user" or "you") hereby agree to be legally bound by this agreement which incorporates by reference the privacy policy, full disclosure document and the disclosure agreement (Collectively “the Documents”) posted on the Website, as these Documents are amended from time to time. These Documents govern your access and use of this Website including any content, functionality, and services offered on or through it. If this agreement is not acceptable and you are unwilling to be bound by it, please do not click on the above referenced checkbox or otherwise use the Website or enter any information about yourself or transact any business through this Website.

Psy Tech, Inc. and Never Ever Again, Inc. (referred to as "we" or "us") are the owners and operators of this website and the Materials (as defined below) sold thereon.

Eligibility and user's warranties and representations.

We intend that this website and the Materials (as defined below) be used by adults (at least 18 years of age) only and users that can form legally binding contracts under applicable law. Without limiting the foregoing, the website and Materials should not be used by minors. If you do not qualify, you are not permitted to use the website or order the Materials, and you do not have our consent to do so.

Fraud.

Without limiting any other remedies, we may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with the website.

Links to third party websites.

We may provide links to web pages which are not part of our web family. These sites are not under our control and we are not responsible for the information or links you may find there. We are providing these links only as a convenience. The presence of these links on any of our websites is not intended to imply our endorsement of that Website but to provide a convenient link to relevant sites which are managed by other organizations, companies, or individuals. Accordingly, this agreement does not apply to your use of unaffiliated sites to which this Website only provides links. we do however use affiliate tracking links whenever they are available in order that we might be compensated for our time and effort in identifying related sites. As such you should not rely entirely on our endorsement when making purchase decisions on third party websites, In the event it is explicitly made, as we may have a financial relationship with these sites.

User's information.

"User's Information" is defined as any information or other material you provide to us or others in connection with the website. except as otherwise provided in the privacy policy, You are solely responsible for user's information, and we act as a passive conduit for the online distribution of user's information. We reserve, however, the right to modify or remove from the website, all or any portion of user's information or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, or otherwise unacceptable or unlawful. We also reserve the right to edit user's information or other Materials for any other reason consistent with the purposes of this agreement or the website.

This Website requires both cookies and javascript to be enabled in order to function appropriately, and by using it, you are giving Psy Tech inc. permission to collect and store information about you via the use of cookies, javascript, and other technologies and programming languages.  You may easily erase all cookies stored by this Website at any time by accessing the cookies section in your browser.  For instructions, see this Google Search and/or read the Privacy Policy.

 

Access

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice.

We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict

access to some parts of the Website, or the entire Website, to users, including registered users.

 

You are responsible for both making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such  information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information.

You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or

shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

 

Intellectual Property.

Use of the Website, Materials and services. the contents of this website and the Materials are protected by copyright, trademark and other laws and are the sole and exclusive property of us and/or other owners. We grant you a limited license to access and make personal use of the (i) website in order to obtain information about, and/or to purchase the Materials offered on the website and (ii) the Materials. This license does not include any resale or commercial use of this website or its contents or the Materials; any collection and use of any Materials, descriptions, or prices; any derivative use of this website or its contents or the Materials; any downloading or copying of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website or the Materials, may not be reproduced, duplicated, copied, sold, resold, visited, modified or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or Materials (including images, text, page layout, or form) of ours or of any third party on the website without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use of the website terminates the permission and license granted by us. You may not use any logo or other proprietary graphic or trademark on the website as part of the link without our express written permission.

 

Linking to the Website and Social Media Features

 

You are granted a limited, revocable and non-exclusive license to link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it nor present our products and services in a false, misleading, derogatory, or other manner which we deem offensive You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

·        Link from your own or certain third-party websites to certain content on this Website.

·        Send emails or other communications with certain content, or links to certain content, on this Website.

·        Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

·        Establish a link from any website that is not owned by you.

·        Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other Website, for example, framing, deep linking, or in-linelinking.

·        Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

·        You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

 

Breach.

Without limiting other rights or remedies set forth in this agreement or as otherwise available by law, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the website in whole or in part: (a) if you breach this agreement; (b) if we are unable to verify or authenticate any information you provide to us, should we elect to engage in such verification; or (c) if we believe in our sole discretion that your actions may cause legal liability for you, other users, us or third parties.

Privacy.

Our current privacy policy is available on the website and is incorporated in this agreement by reference. We may change our privacy policy from time to time, as stated therein. We are the owner, distributor and publisher of any and all products described on this Website unless otherwise specifically noted, as well as the content of this Website (collectively "the Materials") and have used reasonable efforts in preparing these Materials. We make no representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the contents of these Materials. The information contained in these Materials are strictly for educational purposes. therefore, if you wish to apply ideas contained in these Materials, you are taking full responsibility for your actions.

 

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for

personally identifiable information, or otherwise.

To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.

To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain

letter," "spam," or any other similar solicitation.

To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website.  You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the website.

 

Offensive material.  you may not post any material or information on this website that is false, misleading, derogatory, defamatory, obscene, harassing, violative of the law or anyone's rights or which we deem offensive.

The content of this Website and the Materials, as well as the services advertised herein are not intended to be a substitute for professional financial, business, medical and/or psychological advice, diagnosis and/or treatment. Always seek out a qualified and licensed professional for questions you have regarding any financial, business, medical, or health condition. The content on this Website and Materials and services advertised hereon are for informational purposes only. You should not rely on the information or Materials or services advertised on this Website and should seek the advice of an appropriately licensed practitioner regarding the regimen or treatment that may be right for your situation.

Many factors will be important in determining your actual results. No guarantees are made that you will achieve any results from the ideas and techniques in the Materials or services advertised on this website. In particular, we do not guarantee any amount of clicks, leads, coaching and/or consulting clients, and/or business, financial loss or gain, and/or other psychological, medical, physical, and/or financial improvements. This is true even, and especially given the fact Psy Tech Inc.'s owners, coaches, and trainers may hold a professional license in relevant fields.  if you have not specifically contracted with these professionals for professional services under their license, then no professional relationship and/or warrantee exists.

We expressly disclaim any and all warranties (express or implied) including but not limited to, the warranties of merchantability, or fitness for any particular purpose in connection with the Materials or this website or the services advertised hereon or your use of same. We do not warrant that this website, its servers, or e-mail sent from the Website are free of viruses or other harmful components.

We shall in no event be held liable to your or any other party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this material, the Materials, or website or the services advertised on this website, all of  which are provided "as is", and without warranties.

Our liability, and the liability of our affiliates, or any of our officers, directors, employees, agents, contractors or suppliers, to you or any third parties in any circumstance is limited to the purchase price paid by you for the Materials or for use of this website or any services advertised thereon.


The above applies equally to coaching and consulting services, which are specifically not represented as psychological, psychiatric, nutritional, medical, and/or professional counseling, professional financial advice, and/or professional business advice. If you choose to utilize our coaching and/or consulting services you acknowledge that you will not do so in lieu of necessary psychological, psychiatric, medical, nutritional, financial, and/or business counseling. You also acknowledge that we are unable and unfit to provide emergency services in our assigned capacity via the products and services offered on this website. In the event of an emergency you agree to call 911 or the most appropriate emergency service in your local area.   YOU ALSO SPECIFICALLY ACKNOWLEDGE THE ADVICE AND INFORMATION PROVIDED IN THE MATERIALS AND/OR SERVICES OFFERED ON THIS WEBSITE MAY CONTRAST WITH THE BEST PRACTICES AND STANDARDS OF THE ADDICTION TREATMENT INDUSTRY AND/OR PROFESSIONAL LICENSING BOARDS IN THE MEDICAL, PSYCHOLOGICAL, NUTRITIONAL AND/OR COUNSELING PROFESSIONS.  AND YOU SPECIFICALLY AGREE TO SEEK EXPRESS PERMISSION FROM ANY PROFESSIONAL YOU CONSULT WITH TO UTILIZE THE MATERIALS AND/OR SERVICES OFFERED ON THIS WEBSITE BEFORE PURCHASING.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

We do not warrant the performance, effectiveness or applicability of any sites listed or linked to in this website or the Materials.

All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.

DMCA policy - our DMCA policy is incorporated herein by reference and linked to at the beginning of this paragraph.

Refund Policy.

Anyone who has legally purchased a product on our website may request a refund within 60 days of purchase.  (Services are non-refundable unless otherwise specified)

In the case of physical products, please notify support@neverbingeagain.com that you are requesting a refund and will be shipping the product back to us at 2805 East Oakland Park Blvd., #440, Ft. Lauderdale, FL 33306, then proceed to do so.  In the case of digital products, please just notify support@neverbingeagain.com  that you are requesting a refund.

Within 6 weeks of receiving the appropriate notice and/or product return above, we will refund 100% of the product costs (not shipping costs) via the original method of payment.  (E.g. we will refund credit card transactions via the same credit card used for payment, we will refund check payments via check, we will refund paypal transactions via paypal, etc)


Services Policy

You agree that services are provided at our sole discretion, and we have the right to terminate these services at any time for any reason.  You agree your sole remedy will be a full refund of monies paid for services terminated. 

Indemnity.

You agree to indemnify, defend and hold us, our subsidiaries and affiliates and each of our officers, directors, agents, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable attorneys' fees, due to or arising out of the following events: (i) your giving us any information which is inaccurate; (ii) your breach of any warranty, representation or other obligation set forth in this agreement; (iii) your negligence or willful misconduct; (iv) your violation of any law, regulation or right of any third party; (v) any dispute or action between you and any third party, including parties selling goods or services through this Website; and (vi) your use of this website or the products or services of us or any third party, except for claims resulting solely from our negligence or willful misconduct.

Release; Covenant Not to Sue.

You hereby release, agree and covenant not to sue us, our subsidiaries and affiliates, and our officers, directors, agents, employees, suppliers and independent contractors, from or in connection with any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with the Materials or your use of this website, or the services advertised herein, other than willful misconduct or our failure to honor an express commitment posted on the website (i.e., if we fail to deliver Materials to you which you paid for). If you are a California resident, you hereby waive California civil code 1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Glenn Livingston holds a doctorate in psychology (not medicine), and in addition to his coaching practice he worked as a marketing and research consultant to the advertising industry for over 20 years.   His public media appearances have accordingly been spread across a wide variety of topics and have not all been for coaching and/or weight loss.

 

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any

of its contents.

 

Notices.

Except as explicitly stated otherwise, any notices shall be given by postal mail to us at 2805 East Oakland Park Blvd., #440, Ft. Lauderdale, FL 33306 and to you at the email address you provide to us. Notice shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you. in such case, notice shall be deemed given 3 days after the date of mailing.

Arbitration.

Any controversy or claim between you and us or our subsidiaries and affiliates, and our officers, directors and employees, arising out of or relating to this agreement or your use of the website or the Materials, shall be settled by binding arbitration, before a single arbitrator, in accordance with the commercial arbitration rules of jams which shall administer the arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, nor shall arbitration on a class action basis be permitted. The arbitration award shall be in writing and shall include findings of fact and conclusions of law. judgment on the arbitration award may be entered into any court having jurisdiction thereof.  Either party may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of either party pending the completion of arbitration.

 

Taxes.

You are responsible for paying any taxes that may be assessed or otherwise due in connection with any transactions or purchases that you make through us or the website.

General.

Choice of law, headings and non-waiver. this agreement shall be exclusively construed, interpreted, governed and enforced in accordance with the laws of the State of Florida in the United States, without regard to rules governing conflicts of laws, except that in underlying transactions involving commerce, the enforcement of this arbitration provision shall be governed by the federal arbitration act. The parties further agree that this agreement shall be deemed to have been negotiated, entered into, executed and performed for all purposes within the State of Florida. Either party's failure to act with respect to a breach does not waive the non-breaching party's right to act with respect to subsequent or similar breaches.

Severability. the invalidity of any portion of this agreement will not affect the validity of any other provision and any such finding of invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In the event that any provision of this agreement is held to be invalid or unenforceable, the parties agree that the remaining provisions will be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. It is expressly understood, however, that the parties hereto intend each and every provision of this agreement to be valid and enforceable and hereby knowingly waive all rights to object to any provision of this agreement to the full extent permitted by law. accordingly, If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision(s) will, rather than be stricken in their entirety, be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Entire agreement; amendment. this agreement contains the entire agreement of the parties relating to its subject matter and supersedes any prior or contemporaneous agreements, negotiations, correspondence, understandings or communications, whether oral or written. This agreement may not be modified or amended except in writing, signed by both parties, or as otherwise provided herein. because of changes in internet technology and practices, or other reasons,

This agreement and our security and other policies may change from time to time.  PLEASE CHECK PERIODICALLY AND CONSULT THIS PORTION OF THE WEBSITE TO DETERMINE WHETHER THIS DISCLAIMER AGREEMENT HAS CHANGED AS THEY ARE BINDING ON YOU.

If you do not agree to all of the changes you may terminate this agreement by written notice to us at any time; you will thereafter cease all use of this website, our services or any online Materials. If you do not so terminate this agreement, you will be deemed to agree to such changes and be bound by same. All changes are effective immediately when we post them and all changes will be effective for any transactions that take place after the date of the change.

Please consult this portion of the website for important changes to the agreement as they occur. Unless otherwise provided in a separate written agreement between you and us, by using the website after we post any changes to this agreement, you agree to accept those changes, whether or not you have reviewed them, and such acceptance shall be deemed legally conclusive. If at any time you choose not to accept the terms of this agreement, you will not use the website. This agreement applies to your use of this website or other sites that we may own or operate in the future, unless such sites provide otherwise.

Continuing Cooperation. The parties agree to execute any documents or perform such other and further acts as are reasonably necessary to comply with the letter and spirit of this agreement.

 

The Materials are copyrighted by Psy Tech Inc. No part of the Materials may be copied, or changed in any format, sold, or used in any way other than what is outlined within the Materials under any circumstances.

 

 Psy Tech Incorporated
 2805 East Oakland Park Blvd, #440
 Ft. Lauderdale, FL 33306
 
 Contact: 
support@psytechpublishing.com
 Telephone: 516 234 5371
 Facsimile: 516-706-0475