Terms & Conditions

Website Terms and Conditions of Use

Last Updated: April 24, 2026

1. Introduction

Thank you for your interest in Eating Recovery Center, LLC and its subsidiaries and affiliates (collectively, “ERC”, “we” or “us”) and our website, related hosted applications or third-party websites that use our technical, physical, or procedural systems (collectively, the “Site”) and all services and materials provided by ERC via the Site (collectively, including access to or use of the Site, the “Services”). These Terms of Use are a legally binding contract between you and ERC regarding your use of the Services.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICES, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ERC’S PRIVACY POLICY (“PRIVACY POLICY”) AND OTHER POLICIES LINKED ON THE SITE (TOGETHER, THESE “TERMS”). IF YOU DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICES. YOUR USE OF THE SERVICES CONSTITUTES AN AGREEMENT BY ERC AND BY YOU TO BE BOUND BY THESE TERMS. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO RECEIVE TEXTS/CALLS FROM OR ON BEHALF OF ERC AT THE PHONE NUMBER YOU PROVIDE TO US. THESE TEXTS/CALLS WILL INCLUDE OPERATIONAL CALLS OR MESSAGES ABOUT YOUR USE OF THE SERVICES. YOU UNDERSTAND AND AGREE THAT THESE TEXTS/CALLS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.

2. Eligibility

By agreeing to these Terms, you represent and warrant to us that you are at least eighteen (18) years old and your use of the Services is in compliance with any and all applicable laws and regulations. Individuals under the age of 18 can use the Services only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers and purchasers.

3. Payment Terms

To use some Services, you may be required to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable unless otherwise specifically provided for in these Terms. ERC reserves the right to determine pricing for the Services. You authorize ERC to charge all sums for the orders that you make and any Services you select as described in these Terms or published by ERC, including all applicable taxes, to the payment method specified in your 75116496.3 account. If you pay any fees with a credit card, then ERC may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to over your purchase. ERC may suspend or terminate access to the Services, including fee-based portions of the Services, for any account for which any amount is due but unpaid. In addition to the amount due for the Services, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid, then ERC reserves the right to delete your account without any liability to you.

4. Use License

Subject to your complete and ongoing compliance with these Terms, ERC grants you, solely for non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services. Except and solely to the extent such a restriction is impermissible under applicable law, you may not actually or attempt to: (a) reproduce, distribute, publicly display, copy, “mirror”, publicly perform, or create derivative works of the Services; (b) make modifications to the Services; (c) interfere with or circumvent any feature of the Services, including any security or access control mechanism; (d) decompile or reverse engineer the Services or any aspect of the Services; or (e) remove any copyright or other proprietary notations from the Services. If you are prohibited under applicable law from using the Services, then you may not use them.

We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Services (“Feedback”), then you hereby grant ERC an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Services and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

The Services are owned and operated by ERC. The visual interfaces, graphics, design, compilation, information, data, resources, analysis, computer code (including source code or object code), products, software, services, and all other elements of the Services provided by ERC (“Materials”) are protected by intellectual property and other laws. All Materials included in the Services are the property of ERC or its third-party licensors. Subject to the license expressly granted in these Terms, you may download one (1) copy of the Materials on the Site to your computer or mobile device solely for your personal, noncommercial use. Except as expressly authorized by ERC, you may not otherwise make use of the Materials. There are no implied licenses in these Terms, and ERC reserves all rights to the Materials not granted expressly in these Terms.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by ERC at any time. Upon terminating your viewing of these Materials or upon the 75116496.3 termination of this license, you must immediately destroy any downloaded materials in your possession whether in electronic or printed format.

5. Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. In addition to the other restrictions set forth in the Terms, you agree not to use the Services:

  • 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 U.S. 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 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; or

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

6. User Content

Certain features of the Services may permit users to upload, submit, publish, post, or otherwise transmit (“Post”) content to the Site or through the Services, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”).

You are solely responsible for your User Content and the consequences of providing User Content via the Site or Services. Subject to the licenses granted to ERC in these Terms, you retain any copyright and other proprietary rights that you may hold in the User Content.

By Posting User Content to or via the Site or through the Services, you hereby grant ERC a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed.

By providing User Content via the Site or through the Services, you affirm, represent, and warrant that:

  • You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize ERC and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you in these Terms, in the manner contemplated by ERC, the Services, and these Terms;

  • Your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause ERC to violate any law or regulation or otherwise cause liability for ERC;

  • Your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate; and

  • ERC will be entitled to use any User Content, as permitted herein, without violating any law or regulation or incurring obligations of confidentiality, attribution, or compensation to you.

ERC does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs, or otherwise contained in the Services and expressly disclaims any and all liability in connection with User Content. We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. ERC disclaims any and all liability in connection with User Content, and you agree that ERC and its third-party service providers are not responsible, and shall have no liability to you, with respect to any User Content. Though User Content contravening these Terms is forbidden, we do not control or regularly monitor the use of our Services. It is possible that User Content contravening these Terms may be accessible through our Services.

7. Disclaimer

THE SERVICES, INCLUDING ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. ERC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OF ACCURACY, VALIDITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. ERC DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR 75116496.3 FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND ERC DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR ERC ENTITIES (AS DEFINED BELOW) OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE ERCENTITIES OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICES AND YOUR DEALING WITH ANY OTHER USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES) OR ANY LOSS OF DATA.

8. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall ERC or its respective shareholders, affiliates, employees, directors, officers, members, independent contractors, suppliers or vendors (collectively, “ERC Entities”) be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access or use of, or your inability to access to or use, the Services, including any Materials or content available through the Services, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, even if foreseeable.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE ERC ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES, INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO [THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO ERC FOR ACCESS TO AND USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (B) US $100.

9. Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Services, and you will defend and indemnify the ERC Entities from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Services; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of 75116496.3 any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

10. Third Party Links

ERC may provide tools through the Services that enable you to export information to thirdparty services, including through features that allow you to link your account on the Services with an account on the third-party service. By using one of these tools, you hereby authorize ERC to transfer that information to the applicable third-party service. Third-party services are not under ERC’s control, and, to the fullest extent permitted by law, ERC is not responsible for any third-party service’s use of your exported information. The Services may also contain links to third-party websites. Linked websites are not under ERC’s control, and ERC is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any information with such thirdparty services. Once sharing occurs, ERC will have no control over the information that has been shared.

11. Modifications to Services, Terms of Use

ERC reserves the right to modify or discontinue all or any portion of the Services at any time (including by limiting or discontinuing certain features of the Services or Materials), temporarily or permanently, without notice to you. ERC will have no liability for any change to the Services or any suspension or termination of your access to or use of the Services.

The Materials may include technical, typographical, or photographic errors. ERC may make changes to the Materials any time without notice to you. ERC does not make any commitment to update the Materials on a timely or scheduled basis.

ERC may, from time to time, change these Terms without notice to you. Please check these Terms periodically for changes. Revisions will be effective immediately. By using or accessing the Services, you are agreeing to be bound by the then current version of these Terms.

12. Governing Law

These Terms and any claim relating to the Services shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and ERC submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Colorado for resolution of any lawsuit or court proceeding permitted under these Terms.

13. Text Message (SMS) Communications

By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, 75116496.3 disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly by calling us at 1-877-825-8584 or emailing us at info@ercpathlight.com.

Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

14. Contact Information

The Services are offered by Eating Recovery Center, LLC, located at 7351 E. Lowry Blvd, Ste 200, Denver, CO 80230. You may contact us by sending correspondence to that address or by emailing us at info@ercpathlight.com.

15. General Terms

These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and ERC regarding your use of the Services. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.