Candida Freedom Course
ONLINE COURSE TERMS OF USE
Please read these Terms of Use for the Candida Freedom Online Course (the “Terms of Use”) carefully. You must agree to these Terms of Use before purchasing, enrolling in, accessing or using the Candida Freedom Online Course (the “Program”), which is owned and operated by Meraki Wellness Center LLC (“Company”, “we”, “our” or “us”), wherever the Program is hosted, whether on a website operated by Company, or on a third-party website or platform such as Kajabi. The term “you” refers to any purchaser, user and/or participant of the Program.
By purchasing or using the Program, you accept and agree to these Terms of Use, and you are required to act in accordance with them, whether or not you have read them. If you do not want to agree to these Terms of Use, you must not purchase or use the Program or any portion thereof.
These Terms of Use state how you may use the Program, including any and all materials made available to you in the Program. This includes, without limitation, the words, design, layout, look, appearance, graphics, photos, images, information, materials, documents, data, videos and video files and recordings, voice/audio files and recordings including downloadable Mp3 audio files, webinars and recorded webinars, emails, downloadable PDFs, worksheets, workbooks, forms, guides, questionnaires, e-books, handouts and slides, and all other similar materials and all other information and intellectual property accessible on or through the Program and any website or e-mails we may use to distribute or host the Program or any part thereof, as well as the look and feel of all of the foregoing (collectively, the “Program Content”).
These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using the Program and Program Content that you are waiving certain legal rights and you are voluntarily agreeing to do so.
Please review the terms of our Privacy Policy (the “Privacy Policy”) for how your information is stored and used.
- Information and Education Only; Not Medical Advice
The Program is for informational and educational purposes only and is not to be perceived as or relied upon in any way as medical advice or chiropractic advice for any individual. The Program is NOT intended as, and must not be understood as or construed as, medical care or advice, the practice of medicine or chiropractic care, the practice of dietetics, the practice of counseling care including, without limitation, psychiatry, psychology, psychotherapy, or as providing any form of medical diagnosis or treatment. Furthermore, the Program is not intended to and does not diagnose, treat, cure, or prevent any disease or medical condition.
While Dr. Torrie Thompson, DC is a Doctor of Chiropractic licensed in the State of Texas, she operates primarily as a holistic health practitioner. While the Program relates to health, it is only educational, and no chiropractic or medical services are provided on or through the Program or to any participant in the Program. Information presented in the Program is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual.
Your enrollment in the Program, including your access to information provided in the Program or implementation of any suggestions set out in the Program or Program Content, DOES NOT create a doctor-patient relationship between you and Dr. Torrie Thompson.
You should not rely on the Program or Program Content as a substitute for the professional medical advice, diagnosis, or treatment from a qualified and licensed healthcare provider who is familiar with your individual situation. Do not disregard, avoid or delay obtaining medical advice from a licensed medical or healthcare professional because of something you have read, viewed, or heard on or in the Program or Program Content. Always seek the advice of your qualified healthcare provider with any questions you have regarding a medical condition or your health and prior to changing any medications, taking any herbal or dietary supplements, using any treatment for a health problem, or undertaking any significant changes to your health care regimen.
Because we expressly recommend that you seek advice from a licensed medical or healthcare professional who has knowledge of the facts and circumstances of your individual situation, the use of any information provided in the Program is solely at your own risk. Neither Company nor Dr. Torrie Thompson shall be held liable or responsible for any errors or omissions in the Program or for any damage you may suffer because of failing to seek competent medical advice from a licensed medical or healthcare professional who has knowledge of the facts and circumstances of your individual situation.
Information and statements in the Program regarding dietary supplements and products have not been evaluated by the Food and Drug Administration. Any dietary supplements or products which may be mentioned in the Program are not intended to diagnose, treat, cure, or prevent any disease. You should always consult with an appropriately qualified health care professional familiar with your individual situation for information regarding which supplements may be appropriate for you. The Company does not represent or warrant that any particular supplement is safe, appropriate, or effective for you.
The Program is intended solely for users who are eighteen (18) years of age or older. Any purchase by, use of, or access to the Program by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using the Program, you represent and warrant that you are at least 18 years old. Company hereby disclaims all liability for use by individuals under the age of 18.
The Program is an educational program for individuals who want to live an elevated life. As a participant in the program, you will receive:
- Access to the Candida Freedom Program Membership Site that includes all of your course materials including recorded video presentations, downloadable PDF handouts, educational information and supplement information (You will have ongoing access to the Membership Site for as long as it is available)
- Program Fees, Payments, and Refund Policy
- Program Fees and Payment Policies
Payment Options and Terms for the Program:
You have one payment option to purchase access to the Program.
Pay Upfront in full
By purchasing the Program, you agree Meraki Wellness Center is authorized to share any payment information and instructions required to complete the payment transactions with any third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services) such as Stripe, Square, and others. Company cannot and does not control and has no responsibility or liability for the policies or actions of the payment processing companies.
Declined or Failed Payment:
If there is a declined or failed payment, you will receive an e-mail sent immediately upon decline with a one-day deadline to make payment. If there is still no payment after one day, you will receive a second e-mail alerting you that your access to the Program has been discontinued until the account is brought up to date. At this point, you will not be granted access to any Program Content until payment is received, and we reserve the right to terminate your access to the Program and all Program Content immediately and permanently; this includes access to the Program membership site, the Facebook Group, e-mail communications, group calls, or any other method of communications related to the Program without refund.
If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from the Program at any time or for any reason whatsoever, you will remain fully responsible for the full cost of the Program and all remaining payments if you are paying in a payment plan of monthly installments. We reserve our right to seek payment from you for any delinquent payment that is not provided by or upon the date due by enlisting the help of a collections’ agency, and we may exercise our right to report your delinquent payment to all three credit reporting agencies, either directly or through the help of a collections’ agency.
You agree to only purchase the Program for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information. And you agree to be financially responsible for any purchases made by you or someone acting on your behalf.
Your satisfaction with the Program is important to us. Yet, because of the extensive time, expertise, preparation and care that goes into creating and providing the Program, we only offer a limited refund.
- If we receive your request email to [email protected] within the first 7 days after the start of the Program/after your purchase, we will offer a full refund.
- NO refunds will be provided at any time after 7 days from the start of the Program/your date of purchase, and NO exceptions will be made.
To request a refund email [email protected] with the subject line REFUND. Upon determining that you are entitled to a refund pursuant to this policy, we will issue an instruction to our payment processor to issue the refund and any future payments will be canceled. If you receive a refund, you will immediately lose all access to the Program and Program Content. Since there is a clear and explicit Refund Policy in these Terms of Use that you agree to prior to completing your purchase of the Program, Meraki Wellness does not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or the payment processor. If a chargeback is placed on a purchase or Company receives a chargeback threat during or after your purchase, Company reserves the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, e-mail address, order date, order amount, and billing address. If you then wish to have this report removed from your credit report, you must make the payment owed for the amount of the chargeback. Once payment owed is received, the appropriate reports to the credit agencies will be made.
- Intellectual Property Rights
- Ownership of Program Content and Company’ Limited License to You
The Program, including without limitation, the words, design, layout, look, appearance, graphics, photos, images, information, materials, documents, data, videos and video files and recordings, voice/audio files and recordings including downloadable Mp3 audio files, webinars and recorded webinars, emails, downloadable PDFs, worksheets, workbooks, forms, guides, questionnaires, e-books, handouts and slides, and all other similar materials and all other information and intellectual property accessible on or through the Program and any website or e-mails we may use to distribute or host the Program or any part thereof, as well as the look and feel of all of the foregoing (collectively, the “Program Content”; previously defined and stated here again for further clarity and avoidance of doubt) are the property of and solely owned by Company or our affiliates, licensors, successors-in-interest, assignees, or suppliers unless otherwise noted, and are protected by copyright, trademark and other laws that protect intellectual property and proprietary rights.
You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained on or in the Program Content as well as these Terms of Use.
When you purchase the Program or view or access any Program Content, Company is granting you a limited, revocable, non-transferable, non-exclusive license to access and use the Program and Program Content for your own personal, non-commercial use ONLY. This license is limited to you only for your personal use, and NOT for your business or commercial use or in any way that earns you money.
You are NOT permitted to share any Program Content with your friends, family, colleagues, or any other person. If they would like access to the Program, they must purchase their own license to the Program separately. *Please contact us at [email protected] to learn more about our friends and family referral “Thank you” fee.
This means that when you purchase the Program, you may watch, listen to, download and/or print Program Content for your own personal use, BUT you are NOT permitted to copy, duplicate, reprint, republish, reproduce, share, sell/re-sell, display, disclose, or redistribute any part of the Program or Program Content with or to friends, family members, colleagues, or any other third party, or use any Program Content for commercial purposes or in any way that earns you money. For avoidance of doubt, this means you may NOT adapt or represent any part of the Program in any way as if it is yours or created by you and you may not reprint or republish any part of the Program and Program Content for publication or compilation into your own products, programs or services for business or commercial use or in any way that earns you or a third-party money.
Furthermore, you may not hypertext, frame or inline link to any part of the Program or Program Content, nor may you state or imply any sponsorship, endorsement by, or ownership of the Program or Program Content without the express written permission of Meraki Wellness Center.
You understand that purchasing, downloading, printing, or otherwise using the Program and Program Content in no way gives you any copyright, trademark, intellectual property or ownership rights in the Program or Program Content. It is still the property of Meraki Wellness Center.
Any trademarks and logos displayed on the Programs and Program Content are trademarks belonging to Company unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without the express written permission of Meraki Wellness Center.
All rights not expressly granted in these Terms of Use or any express written license, are reserved by Company.
- Request for Permission to Use the Program Content
If you wish to use any portion of the Program Content, or any other intellectual property or property belonging to Company, and of our affiliates in any way that is prohibited by or not expressly permitted by these Terms of Use, you must request permission in writing from Company BEFORE you use such Program Content by sending an e-mail to [email protected].
If you do receive the express written permission of Meraki Wellness Center, you are only granted permission to use the applicable portion of the Program Content as explicitly granted in such writing. In other words, you agree to use only the specific Program Content that Company allows and only in the ways for which Company has given you written permission. If you use the Program Content in ways that Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Program Content from Company, and you consent to immediately stop using such Program Content and to take whatever actions as Company may request and by the methods and in the time frame that Company prescribes to protect its intellectual property and ownership rights in the Program and the Program Content, and you will be subject to penalties for Unauthorized Use and Infringement of Program Content as set forth in these Terms of Use.
- Unauthorized Use and Infringement of Program Content
You understand and agree that your use of the Program Content other than as expressly authorized in these Terms of Use or by a separate written consent or assignment of Meraki Wellness Center, is not permitted and is considered unauthorized use, infringement and theft (“Unauthorized Use and Infringement”) and may give rise to a civil claim for damages and/or be a criminal offense, and Company reserves the right to prosecute for theft and to enforce Company’ rights to the full extent of the law.
In the event of your Unauthorized Use and Infringement, you agree to pay liquidated damages of the greater of five (5) times the total fees paid for the Program or $20,000.00, in addition to any legal or equitable remedies Company may be entitled to pursue. This is not a penalty but an agreed upon liquidated damages charge for Unauthorized Use and Infringement.
You agree that any violation or threatened violation of by you of the Intellectual Property Rights terms in these Terms of Use would cause irreparable injury to Company that may not be adequately compensated by damages, entitling Company to obtain injunctive relief, without bond, in addition to all other legal remedies.
- Materials Provided By You – Your License to Company; Use in Testimonials and Marketing.
When you voluntarily share any information or voluntarily submit, post or upload any material such as any comments, posts, photos, images, or videos or complete any feedback forms provided with testimonials and successes (each “your Submission” or collectively “your Submissions”), on or through the Program, including the Facebook Group or feedback forms provided, you are granting Company permission and an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, distribute, and/or publicly perform or display the information you share and/or your Submission, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, including, without limitation, for Company marketing, advertising or promotional efforts without any further permission from you or compensation by Company to you. You also grant Company, and anyone authorized by Company, the right to use your likeness and with respect to any Submissions, for commercial purposes, including marketing, and advertising the Program.
- Your Conduct in the Program and Facebook Group Guidelines
This Program includes a Facebook Group for participants to support one another and share their experiences as they go through the Program. Please note that Meraki Wellness Center DOES NOT monitor the Facebook Group, or any posts, comments, or material submitted by participants. The views and comments of any participants on the Facebook Group do not necessarily reflect those of the Company or its owner Dr. Torrie Thompson, DC, and may not be appropriate or correct.
Company is not responsible for and specifically disclaims any and all liability arising from or relating to your use of any information posted on the Facebook Group by other participants. Company also reserves the right to delete any comments in the Facebook Group that are inappropriate or disrespectful at our sole discretion.
Participant Conduct: We strive to create a safe space for all participants in our Program. Any comments must be respectful. You may not communicate or submit any content or material that is harassing in nature, rude, racist, abusive, vulgar, threatening, knowingly false, defamatory, or obscene or otherwise in violation of any law or the rights of others. Bullying or other comments that makes other users of the Program feel poorly will not be tolerated. You are not permitted to use the Facebook Group to solicit business from or collect data from other group members (including their names and contact information). You may not copy, screenshot, or share posts from participants on the Facebook Group with anyone or on any other site at any time.
Company reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
- Confidentiality and Privacy Policy
Please review our Privacy Policy for how your information is handled as well as your rights around such information.
The Program comes with access to the Facebook Group for participants of the Program. Please carefully choose the information you voluntarily share for viewing by others in the Program, including any online live classes and sessions, and Facebook Group, as anything you share also can be seen, collected, and used others, and become public. Any personal information you voluntarily share as part of your participation in the Program, whether in the Facebook Group or in any live calls, or any other method of communications related to the Program and Program Content, is done at your own risk. Company cannot guarantee your privacy for what you voluntarily share, and Company is not responsible for any unauthorized use by others of such information that you voluntarily share.
When you apply for, enroll in, purchase or the Program, Company may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally identifying information (“Confidential Information”). By providing such Confidential Information to Company, you grant Company permission to use and store such information. In turn, Company will use best efforts to keep your Confidential Information safe, secure and confidential in accordance with these Terms of Use and the Privacy Policy.
However, due to the nature of the Internet, no data transmission over the Internet can be guaranteed to be completely secure. As a result, Company cannot ensure or warrant the security of your Confidential Information or of any other data or information you transmit via the Internet. By transmitting any Confidential Information, data or other information to Company, you accept that and acknowledge that you do so at your own risk. Company has security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but Company makes no assurances about the ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that Company may disclose Confidential Information and personally identifiable information: (1) pursuant to these Terms of Use and the Privacy Policy, (2) if required to do so by law, (3) in the good-faith belief that such action is necessary to conform to the law, (4) to comply with any legal process served on either Company or its partners, sponsors, investors, or affiliates, (5) to protect and defend its rights or property or those of other users or purchasers of the Program, (6) to enforce these Terms of Use, and/or (7) to act as immediately necessary in order to protect the personal safety of other users, purchasers, or the public.
- Accessing the Program; Username and Password
During the registration process for the Program, you agree to provide true, accurate, current and complete information about yourself. To access the Program and/or certain features of the Program, including any private membership areas, you will need a username and password. You agree to keep your username and password to access the Program confidential. You are not permitted to share your username and/or password or access to your Program account with anyone at any time.
If Company has reasonable grounds to suspect that you have provided false information including a false e-mail address, shared your username and/or password with anyone else, provided anyone else access to your account or forwarded any non-public material from the Program to any other person, Company reserves the right to immediately suspend or terminate your account and your access to the Program including without limitation, membership site and Facebook Group, or any other related communications, and to refuse any and all current or future use of the Program or any Program Content, in whole or in part, without refund.
You acknowledge and agree that no results of use or participation in the Program are guaranteed, and that Meraki Wellness Center has not made any guarantees or warranties of any kind about the results of your participation in or use of any information in the Program. Your participation in the Program does not guarantee any success with health, performance or otherwise. The Program and Program Content are for educational and informational purposes and are intended solely to provide users of Program with education and tools about their health. You recognize that every individual is different, and many factors contribute to one’s health.
Any testimonials provided by individuals who have used the Program or worked with Dr. Thompson are truthful statements made by real people, but they do not guarantee or promise in any way that you might achieve the same outcome. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others, whether clients of Dr. Thompson, participants of the Program or otherwise, are no guarantee that you or any other person will obtain similar results.
- Errors and Omissions Disclaimer
Company has done its best to ensure that the Program and Program Content are accurate and provide valuable information, but because the nature of health information is constantly evolving, Company cannot guarantee the complete and ongoing accuracy of such information. You acknowledge that the Program and Program Content may contain inaccuracies or errors and neither Company nor any of its owners, officers, employees, contractors, agents, affiliates, successors-in-interest, transferees or assigns shall be held liable or responsible for any errors, omissions or inaccuracies on or in the Program or Program Content or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in the Program and Program Content for any person.
While the hope is that the availability and delivery of the Program, Program Content and Communication Services is uninterrupted, Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance, or updates. To the fullest extent permitted by law, Company is not liable to you for damages or refunds, or any other recourse, should any of the Program, membership site, or private Facebook Group become unavailable or access to them becomes slow or incomplete due to any reasons, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the Program inaccessible to you.
COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THE PROGRAM AND PROGRAM CONTENT. FURTHERMORE, COMPANY MAKES NO WARRANTIES THAT THE PROGRAM, PROGRAM CONTENT, OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY AND APPROPRIATENESS OF THE PROGRAM AND PROGRAM CONTENT FOR ANY PERSON OR FOR ANY PURPOSE. THE PROGRAM IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE PROGRAM AND ALL PROGRAM CONTENT. COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM.
- Limitation of Liability and Release of Claims
YOU AGREE TO ABSOLVE COMPANY AND ITS OWNERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUCCESSORS-IN-INTEREST, TRANSFEREES AND ASSIGNEES (COLLECTIVELY THE “RELEASEES”) OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THE PROGRAM AND PROGRAM CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EQUITABLE, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE DELAY OR INABILITY TO USE, THE PROGRAM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY OR ANY RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF COMPANY AND THE RELEASEES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE RELEASEES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR PARTICIPANT OF THE PROGRAM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PROGRAM AND PROGRAM CONTENT, OR WITH ANY OF THE TERMS OF USE, OR THE PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM AND PROGRAM CONTENT.
BY PURCHASING OR USING OR THE PROGRAM AND PROGRAM CONTENT, YOU AGREE TO THIS LIMITATION OF LIABILITY AND RELEASE THE RELEASEES FROM ANY AND ALL CLAIMS.
- Affiliate Disclosure: Links and References to Third-Party Websites, Services and Products
When products and services, including without limitation, supplements and labs, are referenced in the Program, the Company will earn a commission if you purchase through the Company’s links or store. The Program and Program Content may provide links and/or references to other websites, services and products maintained by third parties that may take you outside of the Program, such as the online supplement retailers, or other sites (collectively, “Third-Party Sites”). The Third-Party Sites are not under the control of Meraki Wellness Center, and Company is not responsible or liable for any content of any Third-Party Site. These links are provided for your convenience to provide further information and to allow you find other products and services that you may find of interest.
We believe in honesty. If you purchase products from the links in the Program, we may receive a small commission for making the recommendation, while the cost of the product remains the same or less for you. We only link to products that we personally use and/or recommend. You may make your purchases from any vendor that you choose.
While we are committed to only affiliating with products and services that we believe will provide value, we make no warranties, guarantees, or representations as to the effectiveness or safety of such products or services.
We reserve the right in our sole discretion to refuse or terminate your access to the Program, including the membership site, group calls, and Facebook Group, in full or in part, and without refund, for violation of these Terms of Use. All of the terms of these Terms of Use, including but not limited to, all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and the Limited Refund Policy will still apply now and in the future, even after termination of your access to the Program.
- Governing Law and Dispute Resolution
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas where the Company is registered, regardless of the conflict of laws principles.
It is hoped that you will have no dispute with the Company. However, should a dispute arise between you and the Company, we would like to be able to work it out amicably through e-mail correspondence. Therefore, it is requested that you contact the Company via e-mail at [email protected] in attempt to resolve any dispute prior to seeking legal action and include your reasons for dissatisfaction.
However, should we be unable to resolve any potential dispute within a reasonable time, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your payment made to purchase the Program as of the date of such dispute. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.
You also agree that should arbitration take place, it will be held in Travis County in the State of Texas, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
By purchasing the Program, you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of your e-mail to the Company referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action related to the Program or these Terms of Use.
- Users Outside United States
Company controls and operates the Program from offices in the United States. Company does not represent that the materials in the Program are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You expressly agree that these Terms of Use are intended to be as broad and inclusive as permitted by the law of the State of Texas, and that if any portion of these Terms of Use is held invalid, void or unenforceable for any reason, then that portion shall be deemed severed from these Terms of Use and it shall not affect the validity or enforceability of the remainder of the Terms of Use which shall be given full legal force and effect.
Any waiver or forbearance by Company of any breach by you of any provision of these Terms of Use shall not be construed as a waiver of any subsequent breach by you.
Contact and Questions:
If you have any questions about any part of these Terms of Use, please contact Meraki Wellness Center at [email protected].