PRICE AND PAYMENT TERMS
Purchaser will be required to provide a valid credit or debit card through our online payment portal, is responsible for keeping card information current and assures that they are an authorized user with the authority to use the card for this purchase. By providing card information, Purchaser consents to be billed for the amount(s) specified in this Agreement, including the Payment option described above and, if not cancelled, the monthly subscription as described below.
In the event the initial payment is declined, the system will automatically attempt to process payment up to three (3) additional times. If payment remains unsuccessful after these attempts, access to the service may be withheld, and this Agreement will be considered in default.
All sales are final. Please review the Cancellation and Refund Policy below for further details.
TERMS AND CONDITIONS
The following terms and conditions are set forth between the Parties listed above
Term. This Agreement becomes effective on the date the Purchaser signs ("Effective Date") and remains in effect through the delivery of the Mold Test + Consult service ("Service Term"). Purchaser must redeem and schedule their 1:1 consultation within sixty (60) days of the date of purchase. After this period, the right to the consultation expires and no refunds or credits will be issued.
Cancellation by Purchaser. No right to refund or cancellation of the Initial Term exists.
This is a one-time purchase. All sales are final. No refunds or cancellations are permitted. Purchaser understands they are responsible for completing the steps outlined (including submitting their test and attending their scheduled consultation) within the timeframes specified.
Purchaser understands that failure to schedule the consultation within sixty (60) days of purchase constitutes forfeiture of that portion of the service, and no refunds will be issued.
Cancellation by Company. The Company reserves the right to cancel this Agreement in its sole and absolute discretion. In such circumstances, the Company shall refund a prorated amount based on services rendered up to the date of cancellation.
All Payments are Final. Purchaser understands and agrees that all payments are final, except as explicitly described in this Agreement, and may not be charged back. Purchaser agrees to contact Company to attempt to resolve any questions or concerns regarding the product and understands that a Chargeback is not a valid form of requesting Cancellation. In the event a chargeback is processed, the Company reserves all rights permissible by law for collection of funds due pursuant to the terms of this Agreement.
Default. Failure by Purchaser to adhere to the Terms or Payment Schedule described herein shall constitute default. In the event of Default on the terms or payment described in this Agreement, the Company reserves the right to take such steps as it deems necessary to cure the default, including but not limited to the immediate suspension of access to any products, features or services being delivered under this Agreement, or referral of any outstanding balance to a third-party agency for collection, as permitted by law.
HEALTH COACHING AUTHORIZATION AND DISCLAIMERS
This Program and the Our services are provided solely for Your personal use. Any information provided is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by Your physician, therapist, licensed dietitian, or any other health care professional. We are not providing health care or medical therapy services, or attempting to diagnose, treat or cure in any manner whatsoever any disease, condition or other physical or mental ailment of the human body. Rather, the Company and its authorized representatives serve as a coach, mentor and guide to help You reach Your own health and wellness goals through implementing incremental, positive, healthy, sustainable lifestyle changes.
Our intent is NOT to replace any relationship that exists, or should exist, between You and a medical doctor or other health care professional. Always seek the advice of Your physician or other qualified healthcare professional regarding any questions or concerns You have about Your specific health situation, possible or actual pregnancy, known or suspected food sensitivities or allergies, dietary restrictions, or any medications You are currently taking. We advise You to speak with Your own physician before implementing any suggestions from the Program including but not limited to: before taking any nutritional, herbal, Ayurvedic or homeopathic supplement; engaging in an elimination diet, detox or cleanse; performing deep breathing exercises; or participating in any other aspect of a food, diet, exercise or lifestyle program. Do not disregard professional medical advice or delay seeking professional advice because of information You have received from Us Do not stop taking any medications without speaking to Your physician or health care professional. If You have or suspect that You have a medical problem, contact Your healthcare provider promptly.
The information contained on our website or provided through the Program or our other programs, services, podcast, emails, and/or coaching has not been evaluated by the Food and Drug Administration (FDA) and is not intended to diagnose, treat, cure, or prevent any disease, or to be considered medical or psychological advice. Health coaching and consulting services are exclusively virtual-based and are not affiliated with a hospital or clinic. If You become so ill that You require hospitalization, it is vital that You have a primary care physician with hospital admitting privileges familiar with Your health problems and history. You understand that in addition to a primary care physician, it may be in Your best interest to have appropriate specialists: for example a cardiologist if You have cardiac problems, or a pediatrician if You are seeking treatment for Your children.
By signing this Agreement and participating in our Program, You affirm that You are seeking to participate in the Program described herein which may include health coaching and consultation services from Us and hereby authorize Our provision of health, mindset, lifestyle and food consultations. You understand We may provide information or make recommendations that may be considered holistic, complementary or alternative. Some of these methods have not been accepted by mainstream medicine. You understand that the principles of this practice are based on Functional Medicine, a health system, in which we believe that the body has an inherent ability to heal itself given the right tools. Not all treatment modalities We provide are based on scientific evidence.
You also understand that We do not claim to be Medical Doctors or other medical professionals, and as such any information or recommendations shall not be construed as medical advice and are intended for informational and educational purposes only. Our intention is never to replace or override any relationship that exists (or should exist) between You and a medical doctor or other medical professional. While we may utilize language to refer to you such as “Client”, it is understood that (or similar terms) are intended to be general in nature and do not imply or constitute that a doctor/patient relationship has been established.
If You have not had a physical examination within the last year or since the start of Your most recent health problem, it is highly recommended to schedule an appointment with Your primary physician prior to or within a reasonable time after your purchase, as the Company will not be doing any physical examination. Other tests such as ultrasounds, scans, x-rays or traditional laboratory testing would also be completed outside of this Agreement or your engagement/involvement with the Company as it does not order or prescribe any such testing.
Any Health questionnaire(s) supplied to You are developed to gather important information about Your previous medical care, current health complaints, lifestyle, eating habits and mindset. They are designed to assist the Company in fulfilling upon your Purchase and are not intended to be considered as a medical intake form similar. The questionnaire(s) provides information for the Company to correctly pinpoint the most probable associations of Your health symptoms. However, the Company and its authorized team members are in no way diagnosing, treating, or acting as medical professionals. In short, the Company provides information and recommendations designed for your education and consideration however you are strongly encouraged to conduct your own due diligence and/or consult with your Doctor as we are not acting upon any medical degree.
Laboratory testing may be recommended but is not required. The Company will not be ordering any insurance covered services, or filing to Your insurance. You agree and understand that any fees or expenses you incur for laboratory or other clinical or diagnostic testing not explicitly included herein are your responsibility to pay. The Company is not responsible for lab draw fees, shipping or other associated costs.
Guarantee of Results. We believe You will derive great benefits from Your participation in the Program and are dedicated to helping You become as successful as You envision. However, we do not guarantee or represent in any way that You or Your health will attain a certain level or metric of success, either in the short-term or long-term. Your health success depends on many factors, including but not limited to Your personal motivation, Your time commitment, how effectively You implement the strategies taught in the Program, Your efficiency in following up on each coaching strategy and your medical history. Your participation in the Program is an investment in You and Your health, and, as with most investments, there is potential for a great return on Your investment and risk there will be no return on Your investment. None of the stories shared or examples used in Our materials, on the website, or during calls or events is a guarantee of any particular result or success. We disclaim any express or implied promise or representation other than those contained in this Agreement.
Notice to Medicare Patients. We have no affiliation with the Medicare program, which means that Medicare will not cover any services or procedures performed through this Program. You understand that You will not be able to submit any claims to Medicare. You understand that Medicare will not be reviewing any claims, and that an opinion by Medicare that a service is not medically necessary in their view of care would not discharge Your responsibility for payment of said service(s).
Insurance Claim Management. We do not participate nor are we contracted with any insurance company. We will not provide a receipt wand an encounter form to submit to insurance, nor do we prepare or submit insurance claim forms. We are not obligated to respond to insurance carrier requests for information, and are not obligated to take action on Your behalf against an insurance carrier for collecting or negotiating any claim. You agree You are responsible for the payment of services provided by the Company at the time of service without regard to insurance coverage. You are entitled to know the cost of all services and procedures in advance and You will ask if they are not told to You.
Limitation of Liability. As stated, the Company provides coaching and consulting services related to health and wellness but does not offer medical advice or services. The Purchaser acknowledges and agrees that they are solely responsible for consulting their physician or healthcare provider before making any decisions based on the information provided by the Company. To the fullest extent permitted by law, the Company’s liability for any claims arising out of this Agreement shall be limited to the total amount paid by the Purchaser for the services provided, and the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
GENERAL PROVISIONS
Privacy. We value your Privacy. While we do our best to limit data sharing and access (pursuant to our Privacy Policy), you understand and agree that any communication between You and Us is not HIPAA or medically secure, and that any sharing of information is done willingly with this knowledge.
Confidentiality. You agree and accept that The Company’s methods, processes, and strategies taught or made accessible throughout the Program are the sole and exclusive property of the Company. As part of your participation, you may be provided with or granted access to materials associated with the coaching services and health strategies taught, and all associated coaching advice. You agree and accept to maintain the confidential nature of the Program and its related materials, strategies, and advice, and You agree not to duplicate, disseminate, distribute, or otherwise disclose any part for any reason to third parties unless such disclosure (i) is part of the services, (ii) is required by valid legal process (whereby You agree and accept to provide prompt written notice of such legal process to the Company so that appropriate legal action can be taken to protect DRN’s interests), or (iii) concerns matters or materials that have lawfully become part of the public domain.
You further agree and accept that any violation of the terms of this Section will cause substantial and irreparable harm to the Company and that We are entitled to seek any form of l egal redress available, which may include injunctive relief and substantial damages.
Intellectual Property. The Product, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain the Company’s sole and exclusive property. Purchaser agrees that under no circumstances, whether the product has been modified or not, shall it have or attempt to claim ownership of any intellectual property rights or copyright in the product.
Warranties. Purchaser acknowledges that they are not relying upon any warranties, promises, guarantees or representations made by the Company or anyone claiming to act on behalf of the Company unless such has been provided in writing and incorporated into this Agreement. Any advertising materials, prior representations or agreements, if any, whether verbal or written, are hereby superseded by this Agreement, which encompasses the entire Agreement between the Purchaser and the Company. No individual, including but not limited to employees, contractors or affiliates of the Company, have the authority to modify or imply modification of the terms of this Agreement.
Code of Conduct. As part of the fulfillment of this purchase, Purchaser may be included in events, groups or communities of the Company’s where they may have opportunity to interact with team members, associates, clients or affiliates of the Company. As such, Purchaser is expected to adhere to general rules of good conduct as well as any specific code of conduct or rules of engagement as published by the Company. The Company retains the right to determine if, in its sole and absolute discretion, you are conducting yourself in a manner that is disparaging or disruptive, that infringes upon our intellectual property or other rights, or that violates the confidentiality provisions herein, and may restrict access to such events, groups or communities where Purchasers are abusive or demonstrate behavior it deems worthy of restriction, or may terminate you from the Program entirely. In the Company’s sole and absolute discretion, it reserves the right to substitute a similar and comparably valued product or service to fulfill the obligations of this Agreement in the event a comparable item is available. Restriction or Termination for a code of conduct violation do not constitute cancellation therefore such does not warrant the return of funds for this purchase, and any and all payments due hereunder are considered earned and payable in due course.
Authorized Use. This Purchase entitles the Purchaser named in this Agreement to access to the Product purchased herein (“Authorized Use”). Purchaser is responsible for ensuring the security of their credentials and access information in order to prevent unauthorized access.
Additional Purchases. No additional purchases or subscriptions are required to access or utilize the features of this product/subscription. However, the Company reserves the right to introduce optional products or services that may enhance the purchaser's experience, which can be obtained at the purchaser’s discretion. Any additional purchases, whether through the Company or any third-party are not governed by the Terms and Conditions of this Agreement.
You understand that the Company makes nutritional supplements and other recommended products available. Many of these products are not available through retail outlets. These are provided for Your convenience and again, You are in no way obligated to purchase these products from the Company, or at all. You are free to purchase any recommended supplements or other products from any source that You choose. You further understand that the Company and its authorized representatives make no statement, whether expressed or implied, about any product recommended that it is intended to diagnose or to treat any disease. No statements made by the Company or its authorized representatives are evaluated by the FDA.
Support and Assistance. Requests for support or assistance by the Company should be directed to EMAIL/PHONE.
Arbitration. The Parties each agree and accept that any dispute arising out of or related to this Agreement or the Program shall be submitted to binding arbitration and heard by a single arbitrator. Arbitration shall be conducted on an individual basis and not on a class, representative, or consolidated basis. By agreeing to binding arbitration, the Parties are each giving up the right to have any claims against the other that already exists or may exist in the future considered by a court or a jury.
The arbitrator shall be provided by JAMS, which makes its rules and terms of arbitration available at www.jamsadr.com, and shall be selected by mutual agreement. Either Party may initiate arbitration by giving written notice of arbitration to the other and filing a demand for arbitration with JAMS. If an arbitrator is not selected within 30 days of the date the demand for arbitration is filed, then JAMS is authorized to select a neutral and independent arbitrator, whose decision shall be final and conclusive. The arbitrator is authorized to issue any form of relief authorized by applicable law, including injunctive relief, declaratory relief, and damages. The prevailing party in any dispute shall be entitled to recover all costs and attorney’s fees incurred in connection with arbitration (including any costs and attorney’s fees incurred in court seeking to compel arbitration) to the fullest extent allowed by law. The arbitration shall be conducted in Orange County or San Diego County, California, unless otherwise required by law.
Governing Law and Venue. The construction, interpretation, and application of the terms of this Agreement are governed by the laws of the State of California.
Severability. All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Limitation of Actions. Both Parties agree that no action, regardless of form, arising by reason of or in connection with this agreement may be brought by either party more than twelve (12) months after the cause of action has arisen.
Headings. The headings and subheadings contained herein are for convenience only and are not part of this Agreement.
Entire Agreement. These terms and conditions constitute the entire Agreement and understanding between the Company and the Purchaser related to the Purchase referenced herein and shall supersede any prior agreements whether made in writing, orally, implied or otherwise.
AUTHORIZATION AND SIGNATURES
Authorization. The Parties are duly authorized and have the capacity to enter into and perform on this Agreement.
