Terms and Conditions of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITES CAREFULLY.

By using our websites, tanyafraser.ca and cutthecrapclub.com (“Websites”), and/or becoming a member of the Cut The Crap Club, you agree to these Terms and Conditions of Use (“Terms & Conditions”). We reserve the right to update, change, modify, add or remove portions of these Terms & Conditions at any time, at our sole discretion. We encourage you to check these Terms & Conditions periodically for changes. By using our Websites, you are agreeing to the Terms & Conditions effective at the time of use. Changes to the Terms & Conditions will be indicated by a revision date at the end of this document and with a notice on the main pages of our Websites. Use of our Websites after changes to these Terms & Conditions have been made will be deemed your agreement to accept those changes, whether or not you have reviewed them. If you do not agree to the Terms & Conditions, you should not use our Websites and should cancel your membership if applicable.

  1. Scope of Terms & Conditions

Unless otherwise indicated, these Terms & Conditions apply to your use of the websites which are owned or operated by Tanya Fraser (“we”, “us”, “our”) , including tanyafraser.ca and cutthecrapclub.com (collectively, “Websites”), and membership in the Cut The Crap Club.

  1. Agreeing to these Terms & Conditions

By using these Websites and/or becoming a member of the Cut The Crap Club,  you agree to be legally bound and to abide by these Terms & Conditions. If you do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to terminate your membership and/or access to our Websites (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of our Websites, including, but not limited to, (i) restricting the time our Websites are available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use our Websites. You agree that any termination or cancellation of your access to, or use of, our Websites may be effected without prior notice. If you do not abide by the provisions of these Terms & Conditions,  you agree that we may immediately deactivate or delete your membership account and all related information and files in your membership account and/or bar any further access to such information and/or files, or our Websites. Upon termination of your membership or right to use our Websites, you must destroy any downloaded materials in your possession whether in electronic or printed format. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Websites.

  1. Websites are for use by adults 18 years of age and older.

Some of the Content on our Websites is not appropriate for children. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE OUR WEBSITES. Some language on our websites may be considered offensive and is intended for adults only.

  1. Restrictions of Use

Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display our Websites and the material provided hereon for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms & Conditions. You acknowledge that our Websites contain information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, industrial designs, trademarks, trade secrets and/or other intellectual property or proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under Canadian copyright laws (and, if applicable, similar foreign laws).  Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on our Websites. You may not modify, copy, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent. You may not use the materials for any commercial purpose, or for any public display (commercial or non-commercial), attempt to decompile or reverse engineer any software contained on our sites, remove any copyright or other proprietary notations from the materials or transfer the materials to another person or ‘mirror” the materials on any other servers.

  1. Eligibility for Cut The Crap Club membership

Membership areas of our Websites are accessible, by adults 18 years of age or older, by registering and paying a monthly membership fee.  Membership is required to access the Cut The Crap Club and its content including, but not limited to, meal plans, recipes, shopping lists, workout plans and/or videos, articles, blogs, webinars, and videos.  Membership is required to participate in, and to contribute to, any Cut The Crap Club Community Areas on our Websites including but not limited to chat rooms, accountability groups, Facebook groups, live Q & A chats, bulletin boards, message boards, or similar areas where you are able to post your own messages or content and communicate with other Cut The Crap Club members.  You may use our Websites without being a registered member, however, you will not be able to access all areas of our Websites or membership-only products, content, features, events and resources.

  1. Membership Subscription Agreement

Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display our Websites and the material provided and the Cut The Crap Club membership content, for your personal, non-commercial use, provided that you comply fully with the provisions of this Agreement.  You agree not to assign, transfer or sublicense your rights as a member of the Cut The Crap Club.  You understand that only you may use your user account and password and that your membership in the Cut The Crap Club is for your personal, non-commercial use and may not be shared with others.  You agree to be financially responsible for all use or activity of your membership account.

By subscribing to membership in the Cut The Crap Club you agree to the following:

  1. Monthly membership fee: You agree to pay a monthly membership fee in order to access the membership-only content and areas of our Websites. The monthly membership fee will be billed automatically through Paypal each calendar month until your membership is terminated or cancelled with us.  We reserve the right to increase fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on our Websites or such other means as we may deem appropriate from time to time (including email). In the event we do not receive payment through your Paypal account, we reserve the right to terminate your access to the membership site.

Canadian residents: The monthly membership fee will be charged in Canadian dollars and is payable by using your Paypal account.  

For residents outside of Canada:  The monthly membership fee will be charged in US  dollars and is payable using your Paypal account.

  • Passwords & User Security: You are solely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password. In the event of a breach of security by you, you will remain liable for any unauthorized use of your membership until you update your Membership Profile Information. You are solely responsible for any and all activities which occur under your user account or membership profile.
  • Internet Access required: Cut The Crap Club membership content requires internet access.  You are responsible for all charges and fees associated with connecting to our Websites, including any additional charges that you may incur for accessing our websites, such as data or other telecommunication or internet or wireless service provider fees.
  • Accurate Membership Profile Information: By registering for membership, you agree to provide us with information about yourself (Membership Profile Information), for identification, eligibility and billing purposes, that is true, accurate and complete and to maintain updated and accurate Membership Profile Information. Membership Profile Information includes your legal name, address, telephone number, birthdate and email address. You agree not to create an account on behalf of someone else or create a false or misleading identity on our Websites. We reserve the right to suspend or terminate your membership and refuse any and all current or future use of our Websites if you have, or if we have reasonable grounds to suspect that you have, provided untrue, inaccurate, incomplete, false or misleading Membership Profile Information.  If your membership is revoked for any reason, you agree not to register again for membership using another username or through any other means. If we have reason to suspect, in our sole discretion, that you had a previous membership that was revoked, we reserve the right to terminate any new memberships you have registered without any notice to you.
  • Cancellation and termination of membership: You can cancel your membership subscription at any time with the following two steps: cancelling payment in your Paypal account AND notifying us of this cancellation by email.  Monthly membership fees paid are non-refundable.  If you cancel your membership prior to the end of a month, for which you have paid the monthly fee, cancellations will be in effect for the next membership month. If we terminate your membership prior to the end of the month, or if you cancel your membership subscription you agree that all fees paid for that month are nonrefundable. Nonrefundable fees include the full monthly membership fee for any month (or portion thereof) elapsed (regardless of whether you logged onto our Websites or used the membership areas during that month). If you fail to adhere to our Community Standards and Conduct Guidelines or any of these Terms & Conditions, we may terminate, in our sole discretion, your use of, or participation in, Membership Areas of our Websites. Upon cancellation or termination of your membership, we may immediately deactivate your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, our Websites (or part thereof) and/or the Cut The Crap Club membership areas.
  • You understand and agree that the cancellation or termination of your membership is your sole right and remedy with respect to any dispute with us including, without limitation, any dispute related to, or arising out of: (i) any terms of this Agreement or our enforcement or application of this Agreement; (ii) any practice or policy of Tanya Fraser including our Terms & Conditions and Privacy Policy, or our enforcement or application of these policies; (iii) the content available through our Websites or any change in content provided through our Websites or in connection with the Cut The Crap Club membership areas; (iv) your ability to access and/or use our Websites or membership areas; or (v) the amount or types of our fees or charges, surcharges, applicable taxes, or billing methods, or any change to our fees or charges, applicable taxes, or billing methods.
  1. Privacy

The privacy and security of your personal information are important to us and we want you to feel comfortable using our Websites. Please review our Privacy Policy for more information.  Our Privacy Policy is incorporated into these Terms & Conditions by this reference.

  1. Community Standards and Conduct Guidelines

You acknowledge that all Content posted, emailed, or otherwise transmitted to or on our Websites, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to our Websites. We do not control the Postings posted, emailed or otherwise transmitted on our Websites by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our Websites (as described below), you understand that by using our Websites, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through our Websites.

You agree not to use our Websites, including any Community Areas, to:

  1. Make comments, upload, post, email or otherwise transmit any postings or other materials that are threatening, abusive, harassing, harmful, hateful, violent, defamatory, unlawful, vulgar, obscene, libellous, disrespectful, derogatory (in general, racially or ethnically), invasive of another’s privacy, or-or otherwise objectionable (in our sole discretion);
  2. Harm minors in any way, communicate with, solicit, or otherwise, attempt to gain any information from a minor;
  3. Misrepresent your identity by impersonating any person or entity, including, but not limited to, any club member, employee, agent or representative of Tanya Fraser (tanyafraser.ca or cutthecrapclub.com) or misrepresent your affiliation with Tanya Fraser (tanyafraser.ca or cutthecrapclub.com), or any other person or entity;
  4. Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of our Websites;
  5. “Stalk” or otherwise harass another user of our Websites or employees of Tanya Fraser or our affiliates;
  6. For ANY type of unauthorized solicitation (commercial, fundraising, non-profit, MLM).  This includes, but is not limited to, posting, emailing or otherwise transmitting anything for the purposes of advertising, promotion or sales of ANY kind;
  7. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of our Websites (including usernames and passwords) or about any other third party;
  8. Access or attempt to access another user’s account without his or her consent.
  9. Upload, post, email or otherwise transmit any postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise, transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  10. Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, industrial design, right of privacy or publicity or other intellectual property or proprietary rights of any party;
  11. Disguise the origin of any postings or other materials transmitted to or through this Website by forging headers, manipulating identifiers or other similar activities;
  12. Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  13. Interfere with or disrupt our Websites or servers or networks connected to our Websites, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites;
  14. Intentionally or unintentionally violate any applicable local, provincial, state, national or international law, including, but not limited to, any regulations having the force of law;

Your use of our Websites (including the Membership Areas) and participation within the Membership Areas depends on your compliance with the community standards and conduct guidelines set forth in these Terms and Conditions. We may revoke your privileges to use all or a portion of our Websites and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines or any of these Terms & Conditions, we may terminate, in our sole discretion, your membership and/or use of, or participation in, Membership Areas of our Websites.

Except as may otherwise be outlined in our Privacy Policy, all Cut The Crap Club member Community Area communications including, but not limited to, Facebook groups, chat areas, message boards, blogs, accountability groups, and public profile communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of our Websites (including any Membership-only Community Areas) for adherence to the community standards and conduct guidelines set forth above or for any other purpose. You acknowledge that we are acting as a passive conduit by providing you with the ability to distribute Postings in the Membership-only Community Areas and we have no obligation or liability relating to any Postings or activities in any Membership-only Community Areas, nor do we endorse any such Postings. Although we reserve the right to remove, without notice, any posting for any reason, we generally do not review Content prior to the Content’s posting and we have no obligation to delete Postings that you may find objectionable or offensive. We are not responsible for maintaining a copy of any material we remove from our Websites, and we are not liable for any loss you incur in the event that Content you post or transmit to our Websites is removed.

  1.  Revisions, Errors & Corrections

The materials appearing on our Websites could include technical, typographical, photographic or other errors. Tanya Fraser does not warrant that any of the materials on our Websites are accurate, complete, or current. We reserve the right to make changes to the materials contained on our Websites at any time without notice. We do not, however, make any commitment to update the materials on our Websites.

  1. Submissions to our Websites

Any content sent, emailed, posted or otherwise transmitted to us or our Websites (collectively, “Submissions”), at our request or on your own shall be deemed, and shall remain, our property. Except as provided in our Privacy Policy, Submissions are not subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limitation, you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right and licence, including the right to sublicense, (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such Submissions, for any purpose, commercial, advertising or otherwise. You further waive all your moral rights in favour of us with respect to any Submissions. You also warrant that, to the extent you are not the exclusive holder of all Rights in a Submission, any third-party holder of any Rights, including moral rights in such Submissions, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the licence stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any third-party holder of any rights. You also permit any user to access, display, view, store and reproduce any Submission that you have made available in a Community Area for personal use. Subject to the foregoing, the owner of a Submission placed on this Website retains any and all Rights that may exist in such Submission.

  1. Links to other sites

These Terms & Conditions apply only to our Websites, and not to the websites of any other person or entity. We may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we will not be held responsible or liable, directly or indirectly, under any circumstances, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.

  1. Third-Party Products and Services

You may order services, merchandise or other products through our Websites from other parties (collectively, the “Third-Party Sellers”). All matters concerning the services, merchandise, and other products from the Third-Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third-Party Sellers. We make no representations or warranties whatsoever with regard to any services, merchandise and other products provided by the Third-Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, transactions with Third-Party Sellers.

  1. Health Disclaimer

The information provided on tanyafraser.ca and cutthecrapclub.com is intended to assist adult individuals in improving their awareness and understanding of holistic healthy living habits including whole foods-based meal planning, regular moderate exercise and maintaining a positive mindset.  tanyafraser.ca and cutthecrapclub.com recognize that the goals and habits of each individual are unique to them on their healthy living journey and make no guarantees of specific results by following the advice, plans or programs outlined on our sites.    

Information provided by tanyafraser.ca and cutthecrapclub.com is not intended to treat or cure any disease nor should it be used as a substitution for medical care. You are advised to consult a physician before starting any new exercise program.

Please be advised that information and opinions presented on tanyafraser.ca and cutthecrapclub.com represent holistic living and alternative health theories for general healthy living.   We will endeavour to ensure that all information presented is up to date and correct but the information in these fields is rapidly evolving and may be considered controversial by conventional and mainstream wellness communities.  The use of these websites and the reliance on the information on the websites is done at the visitor’s own risk.  

  1. Disclaimers of Conditions and Warranties

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF CONDITIONS AND WARRANTIES:

The materials on our sites are provided “as is”. Tanya Fraser makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Tanya Fraser does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its sites or otherwise relating to such materials or on any sites linked to this site.

Tanya Fraser, its affiliates, service providers and suppliers do not warrant that our Websites or any function contained in our Websites will be uninterrupted or error-free, that defects will be corrected, or that our Websites or the servers that make our Websites available are free of viruses or other harmful components.  

You understand that it is your responsibility to take protective measures to guard against computer viruses and other destructive elements, such as through the use of industry standard and updated virus scanning tools, and to ensure that you have a complete, current and secure backup of information and software on your computer or other devices that you may use to access our Websites. Any content and material downloaded or otherwise obtained through the use of our Websites is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content or material.  

Please note that no information or advice obtained through our Websites or from employees of Tanya Fraser or its affiliates shall create any condition or warranty not expressly provided for in these Terms & Conditions.

  1. Limitation of Liability

In no event shall Tanya Fraser or its affiliates and suppliers be liable for any damages, including, without limitation, damages for loss of data, profits, or due to business interruption, or other intangible losses (even if we have been notified orally or in writing of the possibility of such damages), arising out of, or resulting from, the use or inability to use our Websites; the use of any content or other material on our Websites or websites linked to our Websites;  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 this website; unauthorized access to or alteration of your transmissions or data; or statements or conduct of any third-party on our website. 

If you are dissatisfied with any portion of our websites, or with any of these Terms & Conditions, your sole and exclusive remedy is the discontinuation of your use of our Websites and/or cancellation of your membership subscription.  Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

  1. Indemnification

You agree to indemnify, hold harmless and, at our option, defend Tanya Fraser and our affiliates, and our and their officers, directors, employees, shareholders, agents and representatives from any and all third-party claims, liability, damages and/or costs (including, but not limited to, reasonable legal fees and expenses) arising from your improper use of our Websites or our products or offerings, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.

  1. Governing Law

Any claim relating to Tanya Fraser operated websites (tanyafraser.ca and cutthecrapclub.com) shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions.

  1. Contact Information

Tanya Fraser / cutthecrapclub.com

17 Charles Street

Simcoe, Ontario

N3Y 1Z5, Canada

email: contact@tanyafraser.ca  

  1. Miscellaneous Terms

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions, the Privacy Policy, and any Additional Terms, are the entire agreement between you and us relating to the subject matter herein.  These Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on our Websites or by other notification from us, or by written agreement of both parties. Each time you access our Websites, you will be deemed to have accepted any such changes.
Terms and Conditions of Use / Subscription Agreement revision date March 18, 2016