Terms of Use
Your use of this Website
These Terms of Use are important and govern your use of this website at (www.DiseaseTheyCallFAT.tv) (‘Website’). This Website is owned and operated by Lipedema Simplified, LLC dba The Lipedema Project (‘The Lipedema Project’). By visiting or using this Website, you accept and agree to comply with these Terms of Use. If you do not agree with any of these Terms of Use, you should not use this Website. The Lipedema Project reserves the right to change these Terms of Use at any time. As such, you should review these Terms of Use each time you visit this Website.
Purpose of this Website
This Website is a supplementary resource to the documentary film ‘The Disease They Call FAT’ (‘Film’) which deals with the little known and under recognized fat disorder, lipedema.
This Website is not a substitute for professional medical advice, diagnosis or treatment and neither the Film nor this Website encourages replacing such professional medical advice, diagnosis or treatment. You should seek the advice of an appropriately qualified healthcare professional before making decisions about your own circumstances notwithstanding the Film and/or this Website, especially before starting or changing any treatment.
Ownership of Material on this Website
All material on this Website including, without limitation, copyright materials, registered and unregistered trade marks, company and business names, images, designs, audio clips, video clips, software (‘Material’) is owned and/or controlled by The Lipedema Project (unless expressly indicated otherwise). You may use this Website only in accordance with these Terms of Use. Nothing in these Terms of Use or this Website will grant you ownership of, or the right to use or reproduce, any Material (unless expressly indicated otherwise).
Account
You may be required or allowed to create a user account (‘Account’) before you can access certain Material or submit material yourself. You must provide complete and accurate information when creating an Account. You cannot use another person’s Account and must immediately notify us of unauthorized use of your Account. You must be 18 years of age or over to create an Account.
User Content
This Website may allow you and other users to submit your own content (‘User Content’). You must be 18 years of age or over to submit User Content. By submitting User Content, you automatically grant The Lipedema Project a royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to edit, adapt, modify and change that User Content in any manner and to reproduce and use it in any manner and in any media (whether now known or later devised) throughout the world in perpetuity. You consent to The Lipedema Project doing any act or omitting to do any act comprised in any or all of your ‘moral rights’ in any User Content you submit.
You must not submit any User Content which:
- is threatening, harmful, abusive, harassing, defamatory, obscene, vulgar, pornographic, sexually explicit, profane, indecent, hateful, racially or ethnically objectionable or false, misleading or deceptive;
- you do not own or do not have the right to reproduce or that violates or infringes upon the rights of any other person;
- features any photo, image or name of any person unless you have the person’s written consent;
- impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
- breaches any law or advocates any illegal activity;
- contains a virus or corrupted data or that interferes with the proper functionality of this Website; or
- advertises or solicits money, goods or services.
The Lipedema Project does not endorse, and is not responsible for, any User Content. You are solely responsible for any material submitted by you to this Website (whatever form it is in). The Lipedema Project may, but does not guarantee that it will, post User Content. In so doing, The Lipedema Project reserves the right to edit, refuse to post or to remove any user Content, in The Lipedema Project’s sole discretion. Elemental also reserves the right to block your ability to post and/or access this Website if you do not comply with these Terms of Use.
You are encouraged to notify The Lipedema Project of inappropriate or illegal User Content but The Lipedema Project is not responsible for any failure or delay in removing such User Content.
Disclaimer
Although every effort has been made by The Lipedema Project to ensure that the information on this Website is accurate and safe, the content of this Website has been prepared from data, statistics, research and opinions from third parties. The Lipedema Project does not accept liability for, endorse, recommend, promote, warrant or make any representations regarding the accuracy, reliability, suitability, completeness, currency, use, benefits, risks or the results of any aspect of, or information on, this Website, including but not limited to:
- the Material;
- User Content;
- the content of other websites, to which this Website provides links; and
- any goods and/or services, which are referred to or promoted on this Website.
The Lipedema Project does not recommend or endorse any specific tests, medical practitioners, products, procedures, opinions or other information that may be mentioned on this Website as being appropriate for you. In addition, the nature of medical research means that accepted research may be overturned or changed. Always
Limitation of Liability
Any persons accessing and using this Website should exercise their own care, skill and diligence with respect to the use of the content on this Website. Reliance on or use of any content of this Website is solely at the user’s own risk.
To the fullest extent permitted by law, The Lipedema Project (and its officers, directors, employees, shareholders, agents and representatives) excludes all guarantees, conditions and warranties (express and implied) of any kind, including, but not limited to, any warranty that:
- the Material and User Content is accurate, reliable, current, beneficial or safe;
- your access to the Material and/or Website will be uninterrupted or error-free whether by way of accuracy, timeliness, completeness, reliability or otherwise;
- the Material and/or Website is free of viruses, defects or harmful components,
whether or not the loss, injury or damage is due to, or attributable to the act, neglect or omission of any one or more of the above entities or people. The Lipedema Project will not be liable for any indirect, incidental, special and/or consequential damages or loss arising from any use of (or inability to use) this Website and/or Material.
Where, by law, including by operation of the Competition and Consumer Act 2010, The Lipedema Project is not able to exclude certain guarantees, conditions and warranties, they will continue to apply.
Indemnity
You agree to indemnify The Lipedema Project (and its officers, directors, employees, shareholders, agents and representatives) from and against all claims, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from your failure to comply with these Terms of Use.
Applicable law
The Lipedema Project makes no representation that the Material on this Website is appropriate or available for use in locations other than the United States of America. Users outside USA access this Website at their own initiative and are responsible for compliance with local laws.
These Terms of Use will be governed by and construed in accordance with the laws of Massachusetts, USA. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Massachusetts. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms of Use, which will continue in full force and effect.
Return policy
Most people have reached out and told us that the documentary film, The Disease They Call FAT, has changed their lives. If you’re not one of them and you’ve found the film lackluster or otherwise disappointing, please reach out to us to receive a refund. Either return the DVD in its original packaging for a refund, minus a 20% restocking fee, or receive a full value credit in our online store. Our products are of the highest quality, but if you receive any DVD that is defective, email us within 14 days of receipt and we will arrange to replace your product. Contact [email protected] for authorization.
Privacy Policy
This Privacy Policy applies to all personal information collected by The Lipedema Project via this Website.
How to contact us about privacy
Your privacy is very important to us. For that reason, please read the following details carefully and get in contact with us if you have any questions. You can contact us at: [email protected]
Collection
We may collect personal information from you if you provide any personal information via this Website and/or by collecting cookies from your computer, which enables us to customize your Website experience.
Disclosure
Except with your consent, or if compelled by any legal order, direction or request, we will only disclose your personal information to our service providers who assist us in operating this Website. Neither we, nor our service providers, will provide your personal information to any third parties.
Access and correction
If you would like to obtain access to, or correct, the personal information we hold about you, please contact us at the address set out above.
Security
We have processes in place to ensure the security of your personal information, including encryption of all data when it is transferred to our service providers and limitations on access to personal information within our organization. Although every reasonable effort has been made to secure your personal information, we cannot guarantee its security. If your personal information is made public, we will notify you.
These Terms of Use and Privacy Policy are dated October 2015.
Shipping Policy
Shipped Items
Our DVDs, t-shirts, CDs and any other physical products are shipped from Illinois, Ohio. All streamed videos and digital downloads are sent via emailed links, and are virtual, digital products that are not shipped.
Shipping times
Orders are shipped within 3 business day of processing.
We use a fulfillment centre to ship our orders from Illinois. Orders are processed via the website and sent to the fulfilment centre daily, and they are shipped from the fulfillment center within 1-2 business days.
Shipping Locations
We ship globally.
Shipping methods
Orders within the the United States are sent via USPS First class with delivery confirmation, and international orders are sent via first class international.
Shipping rates
Shipping and handling calculations are done within the shopping cart. After adding your item to the cart, you will need to click “Proceed to Check-out” to see your total shipping costs. After you enter your mailing address you will be able to see the exact shipping costs of your order before you proceed to the payment screen.
Tracking of Shipments
Domestic orders that are sent to US addresses will be emailed the USPS tracking number. International orders are sent first class international, and which doesn’t supply tracking information.
Orders within the United States should arrive in 3-7 business days.
Orders to Canada should arrive in 3-10 business days.
Orders to the UK, Australia and NZ should arrive in 5-10.
Other locations may take up to 20 days.
Sometimes shipments are held up in customs, which we have no control over.
In-store pick up options
Since all of our orders are sent from an international fulfillment centre, we do not offer an in-store pick up option.
