Terms and Conditions

Effective Date: June 28, 2024

The following are the Terms and Conditions (the "Agreement") which govern your access and use of our online Platform, www.anorexit.com. This Platform is owned by Homeostasis Therapeutics, LLC. d/b/a Anorexit (the “Company” or “ “We” or Us”). We post information about a novel anorexia treatment program, known as ANOREXIT(R), consisting of ketogenic metabolic therapy (KMT) and peer coaching, and facilitate Users (or “You” or “Your”) access to providers of these services through the Platform. 

If the User of the Platform is a minor, “You” and “Your” means the user’s parent or legal guardian.

By using the Platform, You expressly agree to the terms and conditions stated herein, and in the Privacy Policy. If You do not agree, You should immediately cease all use of and access to the Platform.

Our Role

Anorexit’s role is limited to making certain information available to You and, if You are accepted in the ANOREXIT(R) program, facilitating Your access to the virtual services of (a) a dietitian nutritionist who will guide You in undertaking KMT and (b) coaching from a peer counselor to help enable You to eat the KMT food. www.anorexit.com is a Platform only and is independent from the dietitian nutritionist and peer counselor providers (“Service Providers”). Anorexit is not responsible for such Service Providers' acts, omissions, performance, or the content of their communications with You. The Service Providers are not our employees, agents, or representatives. 

Platform. The Platform does not create a physician/patient relationship between You and Us. www.anorexit.com is not a substitute for professional medical advice, diagnosis, or treatment. Any content accessed from the Platform is for informational purposes only and is not intended to replace the advice of Your healthcare provider. Please consult Your doctor or other qualified healthcare provider if You have any questions about a medical condition. Call 911 or Your doctor for all medical emergencies. DO NOT RELY ON COMMUNICATION THROUGH THIS PLATFORM FOR IMMEDIATE, URGENT MEDICAL NEEDS. THE PLATFORM IS NOT DESIGNED TO ADDRESS MEDICAL EMERGENCIES.  WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION OR SERVICES THAT YOU MAY OBTAIN THROUGH THE PLATFORM.

While We hope the Provider Services are beneficial to You, You understand, agree and acknowledge that they will not be the appropriate solution for everyone’s needs and they may not work for You. We cannot and do not guarantee that You will attain a particular result through the ANOREXIT™ program and You accept and understand that results differ for each individual.

Your Obligations

You are granted a non-exclusive, non-transferable, revocable license to access and use this Platform strictly in accordance with these terms of use and applicable laws. So long as You comply with these Terms of Use, You may access the Platform and view the content for non-commercial purposes. As a condition of Your use of this Platform You warrant to us that You will not use this Platform for any purpose that is unlawful or prohibited by these terms.   

You may not use this Platform in any manner which could damage, disable, overburden, or impair the Platform or interfere with or restrict any other person’s use of the Platform.

You agree You will not copy, modify, publish, transmit, reproduce, reverse engineer, or disassemble any Intellectual Property and Content (as defined below), or technology on the Platform, participate in the transfer, sale, create derivative works from, or in any way exploit or make use of any of the content found on the Platform for any purpose. Any unauthorized use of the Platform, any portion or component, is strictly prohibited and may result in civil and/or criminal penalties.

You agree You will not misrepresent Your identity or affiliation, or collect any information from the Platform for any commercial purposes.

You agree to not send to or through the Platform any unlawful, infringing, harmful, harassing, defamatory, threatening or hateful material of any kind or any unsolicited advertising solicitation or promotional materials.  Additionally, You agree to not post or transmit any virus, worm, spyware or other computer code, file or program that may or is intended to damage the operation of any hardware, software or telecommunications equipment.

You agree to not gain unauthorized access to the Platform, or to other users’ accounts, names, personally identifiable information, or to other computers or Platforms connected or linked to the Platform. 

Intellectual Property Rights And Content

Homeostasis Therapeutics, LLC d/b/a Anorexit is the sole and exclusive owner of the Platform, the tradename ANOREXIT(R) and its logo, as well as texts, graphics, images, videos, and software, etc. (“Content”). All such Content is protected by copyright, patent, trademark, trade secret and other intellectual proprietary rights. You agree to observe all copyright, trademark, service mark and all other proprietary notices and will not make any changes thereto. 

No title or ownership of the Platform or any of its Content is transferred to You. 

The Content of the Platform is not for resale or reuse in any manner. You agree to use the Content only for Your personal and non-commercial use, and will make no other use of the Content. You do not acquire any ownership or licensing rights in any of the Content on the Platform.  

You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Platform, including but not limited to the name and logo of ANOREXIT(R). You may not use the content of the Platform, any communications made through or in connection with the Platform,  and the ANOREXIT(R) name or logo, for any commercial activity or republication in any format.

You may provide testimonials about your experience using the Provider Services ("Testimonials"). You acknowledge and agree that We may use any Testimonials without any obligation to You and You hereby grant us a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Testimonials as We may deem appropriate, without restriction, in our sole discretion. You understand that We are not responsible for the content of any Testimonial and We disclaim any and all liability for any information, including but without limitation, any medical and health treatment information set forth in a Testimonial.

External Links

The Platform may contain links to third-party websites. Linked sites are not under our control and We are not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that We endorse, sponsor, or are affiliated with the linked site. Your use of third-party websites is at Your own risk and subject to the terms and conditions of use for such sites. We  disclaim any and all liability for any information, including but without limitation, any medical, dietary guidance, coaching or health treatment information set forth on linked sites.

Your Account, Representations, Conduct and Commitments

You hereby confirm that You are legally able to consent to receive Provider Services, or have the consent of a parent or guardian, and are legally able to enter into a contract.

Minor Consent: Where consent from a parent or guardian is required to allow their child or ward to receive Provider Services, You hereby confirm that as the consenting parent or guardian, You have the full right to consent to Provider Services for the minor seeking to participate in the program and are not legally mandated to confer with or get consent from any other parent or legal guardian before consenting. You also give affirmative consent to the provisions set forth in the accompanying Privacy Policy regarding the collection, process, and use of personal information on behalf of the minor. You also agree that consent to Provider Services remains valid until Your contract for Provider Services is canceled or terminated.

You hereby confirm and agree that all the information that You provide in or through the Platform, is accurate, true, current and complete. Furthermore, You agree that during the term of this Agreement You will make sure to maintain and update this information so it will continue to be accurate, current and complete.

You agree, confirm and acknowledge that You are responsible for maintaining the confidentiality of Your password, if applicable, and any other security information related to Your account (collectively "Account Access"). 

You agree to notify us immediately of any unauthorized use of Your Account Access or any other concern regarding breach of Your account security.

You agree, confirm and acknowledge that We will not be liable for any loss or damage that You incurred as a result of someone else using Your account, either with or without Your consent and/or knowledge.

You agree, confirm and acknowledge that You are solely and fully liable and responsible for all activities performed using your account access. You further acknowledge and agree that We will hold you liable and responsible for any damage or loss incurred as a result of the use of your account access by any person whether authorized by You or not, and You agree to indemnify us for any such damage or loss.

You agree and commit not to use the account or access the account of any other person for any reason.

You agree and confirm that Your use of the Platform, including the Provider Services, are for Your own personal use only and that You are not using the Platform or the Provider Services for or on behalf of any other person or organization. 

Disclaimer of Warranty and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE PROVIDER SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY SERVICE PROVIDER AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.

YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.

YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ON YOUR BEHALF THROUGH THE PLATFORM.

Any cause of action or claim You may have must be commenced within one(1) year from the date Your participation in the AnorExit(R) program concludes, which is be completion of the program or Your voluntary or involuntary termination from the program.

Indemnification 

You agree to indemnify, defend, and hold Us harmless, including our affiliates, officers, directors, employees, service providers, licensors, agents, managers, members, independent contractors, representatives of each, and their respective successors and assigns, (“Related Parties”) from any liability, loss, claim, suit, damage, judgment, award, and expense (including litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following: (a) Your access to or use of the Platform; (b) any actions made with Your account or account access whether by You or by someone else; (c) Your violation of any of the provisions of this Agreement; (d) non-payment for any of the Provider Services provided through the Platform; (e) Your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; and (f) our posting of any Testimonial. 

We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, You agree to cooperate with any reasonable requests assisting our defense of such matter. 

You agree that waiver of warranties, disclaimers, limitations of liabilities, and indemnities set forth in this section and the previous section are fair and reasonable in the circumstances.  If You reside in a jurisdiction, where the above limitations or exclusions have been ruled to not be enforceable, then Our liability and that of related parties shall be limited to the greatest extent permitted by law. 

Privacy and Security

Protecting and safeguarding any information You provide through the Platform is extremely important to us. Information about our privacy practices can be found at PRIVACY POLICY.

BY AGREEING TO THIS AGREEMENT AND/OR BY USING THE PLATFORM, YOU ARE ALSO AGREEING TO THE TERMS OF THE PRIVACY POLICY. THE PRIVACY POLICY IS INCORPORATED INTO AND DEEMED A PART OF THIS AGREEMENT. THE SAME RULES THAT APPLY REGARDING CHANGES AND REVISIONS OF THIS AGREEMENT ALSO APPLY TO CHANGES AND REVISIONS OF THE PRIVACY POLICY.

Dispute Resolution 

This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the State of Delaware excluding any rules governing choice of laws. You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to this Agreement or our relationship with You, regardless of theory, shall be the US District Court for the Southern District of New York, or the state courts located in New York City, New York County, New York. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts. Nothing in this Agreement, including the choice of the laws of the State of Delaware, affects Your statutory rights as a consumer to rely on the mandatory consumer protection provisions contained in the law of the jurisdiction in which you live.

You agree that both Homeostasis therapeutics, LLC d/b/a Anorexit and You waive the right to trial by a jury. You hereby waive the ability to participate in a class action.  You and Homeostasis Therapeutics, LLC d/b/a Anorexit agree that each party may bring claims against the other only on an individual basis and not as a class action representative in any proposed class or representative action or proceeding. 

Survival.  If any provisions of these Terms and Conditions are held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.  To be clear, all the Terms and Conditions shall remain in effect and survive the termination of Your participation in the ANOREXIT(R) program.

Assignment. These Terms and Conditions are personal to you, the User. You may not assign these Terms and Conditions or any rights and licenses stated herein to another party. 

Payment. You confirm and agree to use only credit cards or other payment means (collectively "Payment Means") which you are duly and fully authorized to use, and that all payment-related information that you provide, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct.

No Waiver.   Neither party’s  failure to exercise or enforce any provision of the Terms and Conditions will constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of the terms in these Terms and Conditions.

Modifications 

We may, at any time and from time to time, change these Terms and Conditions and/or the Privacy Policy. We will notify You about significant changes by either sending a notice to the primary email address specified in Your account, or by placing a prominent notice on our Platform, or by updating this Terms and Conditions Section. Your continued use of the Platform, after such modification will constitute Your (a) acknowledgement of the modification; and (b) agreement to abide by the changed Terms and Conditions. Unless otherwise specified, all modifications shall be effective upon posting.