Hormone Goddess Academy Course + Hair Mineral Testing
“Company”, “We”, “I”, “Our”, or “Us” means Hormone Goddess/Resilient 365 LLC.
“Participant”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.
“You” “User” or “Your” means the purchaser and person using the Program.
Investment and Payment
Investment: You agree that you are financially willing and able to invest in this Program by choice, and that by so doing, you are not incurring any economic hardship in any way. You agree and understand that you are committing to making all payments on time, even if you withdraw from the Program at any time.
Payment Authorization and Receipt: If paying by PayPal, credit card or debit card, you give us permission to automatically charge your credit card or debit card as payment for your Program without any additional authorization, and you will receive an electronic receipt. If we choose to provide you with an invoice instead, you are required to pay it by the date due on the invoice or your Program will be put on hold until payment is made.
Missed Payment: If payment is not received by the date due or there is a problem with the payment transaction or method, you will be notified by e-mail and then have a 3-day grace period to make the payment following the due date, otherwise your Program will be put on hold. If no payment is made within this grace period, the Program will automatically terminate and you will no longer be granted access.
Refund Policy: It is our intention for you to be happy with your Program. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing the Program, no refunds will be provided. Unless otherwise provided by law, you acknowledge that all sales are final and we do not offer refunds for any portion of your payment for any of the Program at any time. By signing below, you agree that you will not issue a chargeback for any payment made as you are fully aware of this Refund Policy and voluntarily consenting to it. Should you attempt to issue a chargeback with your credit card company, this Agreement will automatically terminate upon such attempt, regardless of whether the attempt is successful or not, and you will still remain contractually responsible for payment in full for the Program.
If you order a Hair Mineral Test, you must use and complete your test within 3 months of your purchase. Refunds will not be issued to those who do not complete their test within 3 months of purchase. If you do not complete your test within 3 months of purchase, you must re-purchase a new test.
If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email us at [email protected]
Intellectual Property Rights
Ownership of Program Content and Materials: Resilient 365 retains all ownership and intellectual property rights to the Program content and materials provided to you through the Program, including all copyrights and any trademarks belonging to me. The Program content and materials are being provided for your individual use only and with a single-user license which means that you are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Program or Program materials, electronically or otherwise, for business or commercial use, or in any other way that earns you money, without my prior written permission. No license to sell or distribute my Program content and materials is granted or implied. No permission to disclose my process as expressed through the Program content and materials is granted or implied.
Intellectual Property Rights in Work Product: You hold all intellectual property rights in your work product developed during your participation in the Program, including but not limited to copyright and trademark rights. I agree not to claim any such ownership in your work product or intellectual property at any time.
No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
Personal Responsibility, Disclaimer & Release of Claims
Personal Responsibility & Assumption of Risk: You acknowledge that you take full responsibility for yourself and all choices, actions and results made before, during and after your Program. You knowingly assume all of the risks of the Program related to your use, misuse, or non-use of the Program content or materials. You agree to be mindful of your own well-being during the course of this Program, and you understand and agree that you are solely responsible for your results. YOU MUST ENSURE YOU ARE PHYSICALLY CLEARED BY YOUR PHYSICIAN TO PARTICIPATE IN THE PROGRAM BEFORE PARTICIPATING. If you have any injuries or limitations, please have them cleared by your physician before attempting to participate in the Program.
By participating in the Program, you are assuming the risk of participating in it and agree to only participate if medically cleared to do so. We are not responsible or liable for your participation in the Program.
The Client understands that the role of the Resilient 365 coaches is not to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. The Client also understands that Resilient 365 coaches are not nutritionists, dietitians, or other registered medial practitioners. Rather, they are a mentor and guide who have been trained in holistic health and life coaching and functional diagnostic nutrition practices to help clients reach their own health goals by helping clients devise and implement positive, sustainable lifestyle changes. From time to time, Resilient 365 may obtain a set of laboratory test results from a certified laboratory in the United States and provide participant with a nutritional interpretation of those results that the participant can use exclusively as an educational tool for personal health purposes.
The information provided is not intended to, cannot, and should not be expected to be a substitute for a personal consultation with a doctor nor does it offer any form of diagnosis. Resilient 365 does not accept any liability for any failure to identify any medical condition or disease; this is not the purpose of our services.
Resilient 365 may provide you with information relating to products that they believe might benefit the participant, but such information is not to be taken as an endorsement or recommendation. We do not dispense or prescribe any prescription products, and information provided should not be taken as professional medical advice or used as a substitute for medical care.
Resilient 365 is not responsible for any adverse effects or consequences that may results, either directly or indirectly, from that information. Resilient 365 is not a meal planning company and individualized meal planning is not included, however, we will guide you in learning how to meal plan and shop on your own, which is far more empowering and valuable to participants.
If the participant is under the care of a healthcare professional or currently uses prescription medications, the participant should discuss any dietary changes or potential dietary supplement use with his or her doctor, and should not discontinue any prescription medications without first consulting his or her doctor.
The participant has chosen to work with Resilient 365 and understands that the information received should not be seen as medical or nursing advice and is not meant to take the place of seeing licensed health professionals.
Resilient 365 has used care in preparing the information provided to you, but this Program and our Program materials are being provided as self-help tools for your own use and for informational and educational purposes only. There are many factors that influence results, so no guarantees can be made as to the results you will experience through this Program. You agree that we are not responsible for your physical, mental, emotional and spiritual health, for your financial earnings or losses, or for any other result or outcome that you may experience through this Program. Nothing related to this Program is intended to be considered medical, mental health, legal, financial, or religious advice, nor is it intended to replace the expertise, care, judgment or guidance of your own medical or mental health practitioners, clergy members, accountants, attorneys or financial advisors. It does not, nor is it intended to, provide medical nutrition therapy, psychotherapy, psychological counseling, behavioral health, or a personalized assessment of macronutrients or micronutrients. This Program shares general information, not personalized recommendations. It is not preventing, treating, curing any medical or mental health disease, condition or ailment. For specific questions related to a medical or mental health situation, consult your own medical or mental health professional. For specific questions related to your financial, legal or tax situation, consult your own attorney, accountant, and/or financial advisor. For specific questions related to religion, spirituality, or faith, consult your own clergy member or spiritual healer. If you are currently under the care of a medical or mental health practitioner or currently uses prescription medications, do not make any dietary changes or start or stop taking any dietary supplements or medications because of anything you have read or received through this Program without first consulting with your doctor. Any recommendation of any product or supplement mentioned in or through this Program is offered for educational purposes, and you agree to check with your own medical professional before using any of these products or supplements on, in or near your body in any way. You understand that the statements, information, supplements or products provided in or through this Program have not been evaluated by the Food and Drug Administration (“FDA”).
Personal Responsibility and Release of Health Care Related Claims
The participant acknowledges that the participant takes full responsibility for the participant’s life and well-being, as well as the lives and well-being of the participant’s family and children (where applicable), and all decisions made during and after this program. The Client expressly assumes the risks of the Program, including the risks of trying new foods or supplements, and the risks inherent in making lifestyle changes. Resilient 365 makes no warranty as to the accuracy of the laboratory test results we receive. Resilient 365 makes no warranty, expressed or implied, as to the quality or effectiveness of any apparatus, treatment or product. In no event will Resilient 365 be held liable for any physical or mental injury, or any negative side effects, that may arise from the use of any such diagnosis, apparatus, treatment or product.
By signing this contract, you grant Resilient 365 permission to communicate with you by email, social media, or phone to relay special offers, announcements and information.
Limitation of Liability, Indemnification, and Release of Claims: While every effort has been made to present the most accurate research and information in this Program to date, you understand and agree the information in this Program is for informational and educational purposes only. Because research and information changes frequently, you agree that we are not liable for the accuracy, errors or omissions of statements contained in the Program. You agree that the information included in this Program is not, nor should be, a substitute for personalized health care, medical, mental health, financial, legal or religious advice of any kind. Recognizing that the information that you request or receive through this Program, including Program materials, products, and any other information you have received from or through this Program is purely informational and educational, you agree that you fully and completely hold harmless, indemnify and release me from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or may claim to have against Resilient 365 in the future that may arise from your participation in the Program to the fullest extent permitted by applicable law. You agree to hold me free of all liability and responsibility for any actions or results with actual or perceived adverse effects that you claim were created as a direct or indirect result of specific information or recommendations that you have received through this Program.
Media Release. By participating in our Program, you consent to our use of comments, photographs, videos, and/or audio recordings containing your image, voice, text and/or likeness provided in any aspect of the Program, including through social media. You understand that these postings and/or recordings may or will be shared with potential clients or other clients who have purchased our Program.
Other Important Terms
Notice: All correspondence or notice required regarding the Program shall be made to us by e-mail at [email protected].. Should your e-mail address, billing information, or contact information change at any time throughout the Program, it is your responsibility to provide your updated information to us within 3 days of any change.
Force Majeure: In the event that any cause beyond my reasonable control, including, without limitations, “acts of God”/nature, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisories, labor strikes or civil disturbances, unforeseen or foreseen human-initiated circumstances, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or other instances, make it inadvisable, illegal, or impossible for me to perform my responsibilities or obligations under this Agreement, either because of unreasonable increased costs or the risk of injury, I will not be liable for a reasonable period of delay or for the inability to indefinitely fulfill my responsibilities and obligations.
Entire Agreement, Assignment, Survivability, Enforceability and Waiver: This Agreement contains our entire agreement. This Agreement supersedes or replaces any prior oral or written agreement signed by us pertaining to the subject matter of this Agreement. This Agreement may be modified or amended at any time provided the amendment is in writing and signed by both of us. You may not assign your rights or obligations under this Agreement to anyone else, and the obligations under this Agreement shall survive indefinitely unless otherwise stated in this Agreement. If any section of this Agreement is found to be unenforceable, the rest of the document shall be held in full force and effect. If I choose to waive or not enforce one or more terms of this Agreement, it does not in any way limit my right to later enforce every part of this Agreement.
Governing Law: This Agreement shall be construed according to the laws of the State of South Carolina where Resilient 365's principal place of business is located.
Dispute Resolution: Should we ever have a conflict, it is hoped that we could work it out amiably. However, if we are unable to seek resolution through good-faith negotiation within 30 days, we agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, jointly selected by both of us, unless we both agree otherwise in writing or otherwise provided by law. You understand and agree now that the only monetary damages that can be awarded to you through arbitration is the full refund of your Payment made to date. No other 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 Charleston County in the State of South Carolina where my principal place of business is located, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
Mutual Non-Disparagement: Should you have any questions or concerns about the Program or me, you agree now to contact us directly in a mature and professional way rather than to publicly make any negative or critical comments about the Program, my business, myself or coaches through social media or otherwise. We both agree now not to communicate with any other individual, company or entity in a way that is harmful or disparaging to the other, whether actual or perceptual, or to do or say anything that is injurious to each other’s reputation, including about the Program, me, my business, my employees, contractors or agents, other participants. In arbitration or when required by law, of course, we are not prohibited from publicly sharing our thoughts and opinions.
Resilient 365 may modify this Agreement from time to time and such modification shall be effective upon posting on the Resilient 365 Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
By signing this Agreement, we both acknowledge that we have read, understand, agree to and accept all of the terms in this Agreement. Electronic signatures of this Agreement are permitted and enforceable. You agree that you have had the opportunity to ask me any questions prior to signing, and your signature indicates that you are in agreement with all of the terms of this.