Terms and Conditions
Terms & Conditions
EvolveRestorativeWellness.com and Evolve Restorative Wellness, LLC
Please see also the EvolveRestorativeWellness.com Full Disclaimer, Privacy Policy and Affiliate Disclosure, which govern use of this website.
Summary
These Terms & Conditions are meant to clearly outline and explain the rules, terms and conditions of using, viewing and/or browsing EvolveRestorativeWellness.com (hereinafter referred to as the “Site”) and/or purchasing or downloading any service, program or product offered on or through the Site.
Please read these Terms & Conditions carefully and in their entirety before using and engaging with the Site, which is owned by Evolve Restorative Wellness, LLC. We reserve the right to modify these terms at any time. You should therefore check back periodically for changes. By using this website after we post any changes, you agree to accept those changes, whether or not you have reviewed them.
Important Note: By using the Site in any capacity, you voluntarily agree that you have read, understood and consented to these Terms & Conditions. You must be at least 18 years old to consent to these Terms & Conditions. If you are under the age of 18, or you do not agree with these Terms & Conditions as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to the Terms & Conditions as stated herein, regardless of whether or not they have been read. If you have any questions, please contact us at [email protected].
Definitions
“Company,” “We,” “I,” “Our,” or “Us” means Evolve Restorative Wellness, LLC and EvolveRestorativeWellness.com.
“You” or “Your” means the user, customer, or viewer of the Site.
“Content” means any and all written, visual, video, or audio information contained on the Site, including but not limited to emails received from Evolve Restorative Wellness, LLC or EvolveRestorativeWellness.com, as well as all written or downloadable material purchased, viewed or otherwise offered on the Site, such as blog posts, graphics, designs, documents, information, templates and materials.
“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact or locate a person, or to identify an individual in context. For example, personal information may include, among other things, your name, address, email address, telephone number, credit card information, site behavior, etc.
“Site, Services, Programs or Products” means EvolveRestorativeWellness.com and its associated pages, Content, email list, social media posts, blog posts, coaching services, group courses or programs, templates, contracts, forms, guides, eBooks, worksheets, workbooks, website materials, and/or templates available on the Site.
“Forum” means an area, site or feature offered as part of this Site that offers the opportunity for users to post public content for viewing by one or more Site users, including the comment section of any blog post.
These Terms & Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms & Conditions, you agree to the Arbitration Clause below and voluntarily waive your right to a jury trial.
By proceeding on the Site, you hereby agree to the following:
Consent
By using the Site and/or making any purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, our Terms & Conditions, Privacy Policy, and Full Disclaimer.
By using the Site and/or making any purchase, you represent and warrant that you are at least 18 years old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms & Conditions and our Privacy Policy.
Site Rules
By using the Site and/or making any purchase, you hereby agree and consent not to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others through or on the Site.
- Post or transmit inappropriate, obscene, offensive, libelous, defamatory, pornographic, unlawful or abusive content, as well as content that infringes our intellectual property rights or those of another person, website or company.
- Use the Site in any way or for any purpose which violates any law of the United States and the jurisdiction in which you use the Site.
- Post or transmit any “spam” or unwanted, unsolicited content.
- Post copyrighted materials, photographs or content which do not belong to you.
- Upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Promote or sell your own content, services or products through the Site, or the content, services or products of anyone else other than us.
- Copy, download, share, post or transmit our intellectual property in any way that infringes on our intellectual property rights.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Forums/Blog/Social Media/Public Comments
“Forum” means an area, site or feature offered as part of this Site that provides the opportunity for users to post public content for viewing by one or more Site users, including the comment section of any blog post. Additionally, “Forum” includes any other Site page or content area created by Evolve Restorative Wellness, LLC on one or more social media pages, including, but not limited to Facebook, Twitter, YouTube, Instagram, and Pinterest.
You acknowledge that Forums and features offered therein are for public and not private communications, and you have no expectation of privacy about any content posted to a public Forum. We cannot and do not guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. Additionally, you grant Evolve Restorative Wellness, LLC and EvolveRestorativeWellness.com the right to reprint, publish or otherwise use in a public manner any information posted in Forums or comment sections of this website or associated social media.
You agree to use the Forums only to post, send and receive messages and material that are proper and related to a particular Forum.
You are and will remain solely and completely responsible for the content you post on or through the website under your username or otherwise by you in any way and in any Forum, and for the consequences of submitting and posting said content.
EvolveRestorativeWellness.com, Evolve Restorative Wellness, LLC and the administrators of this website and any Forum on this website reserve the right to remove, edit, move or close any content item for any reason, including, but not limited to, comments that are in violation of the laws and regulations formed and issued pursuant to the Federal Food, Drug and Cosmetic Act.
We reserve the right to terminate your access to this website including any or all Forums at any time without notice for any reason whatsoever. We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to content you post on this website.
Additionally, you should be skeptical about information provided by others, and you acknowledge that the use of any content posted on any Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Forum, and we specifically disclaim any and all liability in connection therewith.
Disclaimer
By using the Site, you understand we are a Functional Nutritional Therapy Practitioner, Restorative Wellness Practitioner and certified RESTART®
The information on this website has not been evaluated by the Food and Drug Administration. None of the information on EvolveRestorativeWellness.com is to be in any way construed as medical advice or to diagnose, treat, prevent or cure any disease. Our content is for informational and educational purposes only and is based on our personal experience. If you take and/or use any information from this website without first obtaining medical or professional supervision, the results are yours and yours alone.
Your Consent to Terms & Conditions
By using this Site or purchasing or downloading from the Site, services, programs or products, you implicitly and voluntarily agree to these Terms & Conditions as stated herein.
Changes To These Terms & Conditions
We reserve the right to change, amend or otherwise alter these Terms & Conditions at any time without notice to you. When changes are made to these Terms & Conditions, we will update the “Updated on” date at the bottom of this page. If you do not agree with these Terms & Conditions, please do NOT use our Site, read or implement its Content, or purchase or download anything from us.
Links to Third Party or External Websites
The Site may contain or include website URL links to third party or external websites. Typically, these URL links are provided so you may directly access a site that contains relevant information. Please note we are not liable for any of the information contained on or within the third-party or external websites. We are not responsible for the way they handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or expressing disagreement with the external website’s privacy policy or terms & conditions.
Please note we do use affiliate links in most posts and on the “Shopping” page. For full disclosure, please assume all links are affiliate links and that we make a small commission through any purchases made through the links on this website. These small fees help sustain our small business. We truly appreciate your support. Links on this website may direct visitors to various food, beverage and dietary supplement products on third party websites. These products are not intended to diagnose, treat, cure, or prevent any disease.
Also, please accept our guarantee that we will ONLY link to products that we have personally purchased and used on ourselves or our family. Under no circumstances will we link to a product we do not absolutely love just for the sake of an affiliate commission. For the sake of creating a better experience for you, the Site user, we do not allow advertising networks, paid or sponsored posts, and all opinions are our own.
Our Limited License to You
If you view, access or purchase the Site, services, products or programs, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site, services, products and programs have been written, created, drafted, invented and developed by us after a significant investment of time, money, education, hard work and brainpower. The Site, services, programs and products are extremely valuable to us, both professionally and personally, and we take the protection of our Site, services, programs and products very seriously.
You may not use the Site, services, programs or products in any manner that is unauthorized, improper, against these Terms & Conditions or our Privacy Policy, or which violates U.S. intellectual property laws unless authorized by us in writing beforehand.
This license or access and use does not include any resale or commercial use of this website or its contents, any derivative use of this website or its contents; any downloading or copying of information; or any use of data mining, content scraping, robots, or data gathering and extraction tools.
Except as permitted above, this website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of EvolveRestorativeWellness.com. You may not use any meta tags or any other “hidden text” utilizing the Evolve Restorative Wellness, LLC name or without the express written consent of EvolveRestorativeWellness.com. Any unauthorized use terminates the permission or license granted by Evolve Restorative Wellness, LLC.
Copyright and Intellectual Property Ownership
All information, materials, images, software, photographs, articles, functions, text, video and other content (collectively, the “Content”) contained on or offered through the Site and all copyrights and other intellectual property rights in or relating to the Content are the sole property of EvolveRestorativeWellness.com and Evolve Restorative Wellness, LLC. The Site, its Content, and the selection and arrangement thereof, is protected as a compilation owned by EvolveRestorativeWellness.com and Evolve Restorative Wellness, LLC under the copyright laws of the United States. Evolve Restorative Wellness, LLC may change the Site or delete any Content, features or services at any time, in any way, for any or no reason. We reserve all rights not expressly granted in and to the Site and the Content. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
Copyright
The entire contents of the website, including but not limited to text, graphics, images, audio files, videos, digital downloads, data compilation, or code are the property of EvolveRestorativeWellness.com and Evolve Restorative Wellness, LLC and are © 2022 Evolve Restorative Wellness, LLC – All Rights Reserved.
CAN-SPAM Act
In accordance with the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003, 16 CFR Part 316 (CAN-SPAM), EvolveRestorativeWellness.com follows all applicable digital communication laws. As part of our services, a valid email address is required to leave a comment, purchase a product, interact on social media, and receive our newsletter. You may unsubscribe from email correspondence at any time; however, by doing so, you will lose access to prior subscriptions, purchases and account information. If your attempts to unsubscribe from our communication have been unsuccessful, please email [email protected], and your account will be permanently removed from our system.
DMCA Notice
EvolveRestorativeWellness.com complies with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). All content on EvolveRestorativeWellness.com is the original work of the author unless otherwise noted, cited or quoted. If you believe anything on the Site constitutes infringement of your copyright, please notify us using the following procedure:
The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:
- A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
- A description of the copyrighted work claimed to have been infringed (multiple claims of copyright works at a single online site are covered by a single notification);
- A description of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and an email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or agent authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Submit this information electronically to:
EvolveRestorativeWellness.com will respond to any DMCA complaints in a timely manner and will remove any material found to be a copyright infringement.
Your License to Us
By commenting on the Site or submitting documents to Evolve Restorative Wellness, LLC or evolverestorativewellness.com via contact form, email or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes.
Purchase & Access Terms
While you use, purchase and/or download from the Site, services, programs or products, you agree and understand that you cannot distribute, copy, forward and/or share information prohibited by these Terms & Conditions. You also agree and understand that you are to take all necessary steps to ensure you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Site to access your purchase or download. Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.
The products and services made available on this Site are intended for personal use only. You may not assign, transfer, re-market, resell, or otherwise dispose of, such products and services without obtaining the written consent of Evolve Restorative Wellness, LLC. EvolveRestorativeWellness.com may cancel or modify purchases on the Site if it appears they are the result of fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Prices and promotions are subject to change without notice.
Payment & Purchases
Terms of payment are within our sole discretion, and unless otherwise agreed to by us, payment must be received by us prior to our acceptance of an order. Payment is due at the time of purchase and will be processed when authorized during the purchase process. Orders are not binding upon us, until accepted by us. We reserve the right to refuse and refund any order or part of any order placed on this website.
When you purchase or download one of our services, programs or products from us or the Site, you may pay by credit card, PayPal or Stripe. By doing so, you give Evolve Restorative Wellness, LLC and EvolveRestorativeWellness.com permission to automatically charge your credit card for payment. You will receive an electronic receipt following your purchase, which you should retain for your records.
If you elect the installment or “pay-over-time” option at checkout, you agree Evolve Restorative Wellness, LLC and EvolveRestorativeWellness.com have permission to automatically charge, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout.
If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our services, programs and products. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your purchase.
We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a purchase or download of our services, programs or products, we will report said incident to major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.
Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.
You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.
Our Refund Policy
We will do everything within our ability (and within reason) to ensure your satisfaction. Refunds will not be issued for consulting services already rendered or products already purchased. All digital products are delivered immediately upon purchase. 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 [email protected].
Sharing the Site & Its Content
You must request and receive written permission by emailing [email protected] before sharing our Site and its Content for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the Site. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. Since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused or contributed to the Site or its Content. You may not make any claims that you are in any way associated with Evolve Restorative Wellness, LLC or EvolveRestorativeWellness.com.
No Claims Made Regarding Results
Any and all current or past client testimonials, statements or examples used by us are simply that: examples. Each client and his/her circumstances are unique, and these testimonials are not guarantees that you will also experience or receive the same results.
No Warrantees, Guarantees or Representations Are Being Made
We do not offer any warranties, of any variety, regarding the Site, services, programs or products and/or your purchase or download of these items in any way. Services, programs and products are offered “AS IS” and without warranties of any kind, neither express nor implied, to the extent permitted by law.
Your Release of Us
By using the Site or purchasing, downloading, or using Evolve Restorative Wellness, LLC services, programs or products, you agree to release, forgive and forever discharge Evolve Restorative Wellness, LLC, its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.
Errors & Omissions
Every effort is made to provide up-to-date accurate information both on the Site and through our services. However, due to the complexity of the issues we cover, Evolve Restorative Wellness, LLC does not and cannot warrant, represent or guarantee that such information is free from errors, accurate, or up-to-date at all times. Please do your due diligence, research or consult with a professional to ensure all information you receive, act upon, or rely on from this Site and/or from our services is in your best interest, accurate and up-to-date.
ARBITRATION CLAUSE
If you have any complaint or should any issue arise in the use of the Site or Evolve Restorative Wellness, LLC’s services, programs or products, please contact us directly first by emailing [email protected].
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Evolve Restorative Wellness, LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within the state of Nebraska.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Nebraska. The only award that can be issued to you is a refund of any payment made to Evolve Restorative Wellness, LLC for the applicable product or service. You are not permitted to seek additional damages, including consequential or punitive damages.
Consent to Governing Law
These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the State of Nebraska.
Consent to Jurisdiction
You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of Nebraska or a state court located within the State of Nebraska in connection with any matter arising out of these Terms & Conditions, Privacy Policy, Full Disclaimer, Affiliate Disclosure or as a result of your use, download, or purchase from the Site, services, programs or products.
Consent to Service
You hereby irrevocably agree that process may be served on you in any manner authorized by the laws of the State of Nebraska for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of Nebraska.
Limitation of Liability
Evolve Restorative Wellness, LLC and EvolveRestorativeWellness.com are not responsible or liable in any way for any and all damages you receive directly or indirectly from your use, purchase or download from our Site, services, programs or products. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for such service or product. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
Defense & Indemnification
You shall, at all times, indemnify, defend and hold harmless Evolve Restorative Wellness, LLC, EvolveRestorativeWellness.com, Cassie Rief, and all of our shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against all losses, damages, injuries, delays, deaths, lost profits and expenses arising out of any proceeding (a) brought by either a third-party or by Evolve Restorative Wellness, LLC, EvolveRestorativeWellness.com and Cassie Rief (b) arising out of your breach of your obligations, representations, warranties or covenants under these Terms & Conditions or the Privacy Policy; and (c) arising out of any alleged breach or negligence said to have been committed by us.
Termination of Your Use
At our sole discretion, we are permitted to terminate your use or access to the Site, services, programs and products, as well as purchases/downloads if you abuse, violate or breach any of these Terms & Conditions, Privacy Policy, Full Disclaimer, or any other terms to which you have agreed.
Entire Agreement
These Terms & Conditions, our Privacy Policy and Full Disclaimer, constitute the entire agreement between you and us with respect to the Site, services, programs and products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, services, programs and products.
Severability
The provisions of these Terms & Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms & Conditions are rendered illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall have no affect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence or clause herein.
Contact
If you have any questions or concerns regarding these Terms & Conditions, you may contact us using the following information:
- Website: evolverestorativewellness.com
- Email: [email protected]
Additional Policies
Before using any page on this site, please review the Privacy Policy, Full Disclaimer and Affiliate Disclosure. Accessing EvolveRestorativeWellness.com indicates acceptance of these policies.
Updated on July 29, 2022