NourishDoc Member Terms and Conditions

1. Introduction

1.1 These Member Terms and Conditions (this “Agreement”) apply to all users (“you”, “User” or “Member”) who access and/or use the platform for educational services in wellness, complementary, alternative and holistic medicine therapies (“Wellness Platform”) available at www.nourishdoc.com, local.nourishdoc.com, heal.nourishdoc.com, store.nourishdoc.com (each a “Site” and collectively the “Sites”). This Site is owned and/or operated by Design Dolce LLC (“Site Provider”, “NourishDoc”, “us” or “we”). The Wellness Platform facilitates discovery, learning, and communication with Wellness Experts, researchers, and all other professionals in wellness, complementary, alternative and holistic medicine therapies (“Wellness Expert”) via online classes, workshops, videos, tutorials, messages, text, audio or video chats, among other online services. The Terms govern your use of the services we make available on this Site (“Services”).

1.2 The Wellness Platform is a technology platform that provides online holistic therapies education to consumers, Wellness Experts, businesses, students, and anyone interested in wellness. All classes, workshops, consultations, wellness plans, videos, webinars and other forms of sessions are for educational and informational purposes only. Holistic medicine, complementary medicine, alternative medicine, functional medicine, integrative medicine, naturopathic medicine, lifestyle medicine, herbal medicine, diet, exercise, food, nutrition, yoga, meditation, and all other forms of holistic therapies are for education purposes only. The case studies, testimonials, member stories and other articles on this website represent the anecdotal experience of individual consumers.

1.3 This Agreement applies with respect to a Member’s access and/or use of the Wellness Platform regardless of where such Wellness Platform is made available. In addition to the Sites, the Wellness Platform, or a portion thereof, may also be made available via third party websites. If you have accessed the Wellness Platform, or any portion thereof, via a website operated, managed, maintained, or controlled by a third party, your use of such website may be subject to terms and conditions imposed by such third party. Site Provider is not responsible or liable for any terms, conditions, policies, acts, or omissions of any such third parties.

1.4 YOU AGREE THAT BY USING THE WELLNESS PLATFORM YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

1.5 This Agreement sets forth and contains the terms and conditions between you and the Site Provider. By using any portion of any Site you agree to be legally bound by this Agreement. You should, therefore, read this Agreement carefully. IF YOU DO NOT AGREE TO BE BOUND BY ANY TERM OF THIS AGREEMENT, DO NOT CONTINUE TO USE ANY PORTION OF ANY SITE. In such a case you will not be able to register as a Member or otherwise use the Wellness Platform.

1.6 Site Provider may modify this Agreement or any part hereof at any time as may be required for the provisions of Services on the Sites and for other legitimate business purposes. Site Provider will use commercially reasonable efforts to inform you of any material changes to this Agreement. However, the Member is encouraged to check the terms of this Agreement frequently. By using the Wellness Platform or a Site (including maintaining your account) after any modifications to this Agreement have been made, Member agrees to be bound by such modified Agreement.

2. The Wellness Platform and Content Made Available via the Wellness Platform

2.1 The Wellness Platform allows Members to find a Wellness Expert, classes, workshops, consultations, wellness plans, videos, webinars and other forms of sessions and ask questions or request advice and/or Services directly from such a Wellness Expert. Site Provider, via the Wellness Platform, enables a Member to communicate directly with the Wellness Expert and pay for the Services purchased by the Member from such a Wellness Expert (each a “Transaction”). Each Member is solely responsible for every Transaction occurring under his or her account. See also User Name and Password

2.2 Member acknowledges and agrees that Wellness Experts are neither employees nor agents nor representatives of Site Provider, and Site Provider assumes no responsibility for any act or omission of any such Wellness Expert.

2.3 Any statements for products sold on the Wellness Platform have not been evaluated by the Food and Drug Administration. Any product sold on the Wellness Platform is not intended to diagnose, treat, cure, or prevent any disease.

2.4 As further described in this Agreement, Site Provider makes no representation or warranty whatsoever as to (a) the accuracy or availability of the Wellness Platform or the Sites, (b) the willingness or ability of any Wellness Expert to give advice, (c) whether the Member shall find an Wellness Expert’s advice relevant, useful, accurate or satisfactory, (d) whether the advice of the Wellness Expert will be responsive or relevant to the Member’s question, or (e) whether the Wellness Expert’s advice will otherwise be suitable to the Member’s needs. Site Provider takes no responsibility for verifying the skills, degrees, qualifications, credentials or background of any Wellness Experts. It is strongly recommended that the Member independently verify the skills, degrees, qualifications, credentials and background of each Wellness Expert from whom he or she receives or contemplates to receive advice or Services. A complementary text, audio or video call may be provided by some Wellness Experts to the Member to further establish the direct verification and suitability of the Wellness Expert.

2.5 The Wellness Platform and Sites may contain financial information provided by third parties. Such content is provided for informational purposes only and is not intended, and should not be used, for trade or investment purposes. Furthermore, the Wellness Platform and Sites may include bulletin boards which allow Members to post questions to Wellness Experts regarding various topics and allow Wellness Experts to volunteer answers to such questions. AS NOTED IN THIS AGREEMENT, SITE PROVIDER DOES NOT WARRANT THE VALIDITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT OR Wellness Expert ADVICE PROVIDED AND SITE PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY MEMBER DUE TO RELIANCE ON ANY SUCH INFORMATION OR ADVICE.

2.6 Via the Services, Users can select from a variety of options to create customized holistic wellness classes. User can also use the paid functionality of the Services to utilize the enhanced functionality of the Services or purchase items that are offered for sale through the Services (the “Products”), as described in further detail under the Section titled “Purchases” below.

2.7 User understands and agrees that the Services, Products and any other information User learns from Site Provider are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of User health, or to be a substitute for professional medical care. Not all activities described on the Services or Products are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. User understands and agrees that User is solely responsible for User’s use of the Services.

2.8 User will consult with User’s physician before beginning any live or on demand class on Site Provider. If User engages in this exercise or exercise program, User agrees that User does so at User’s own risk and agrees to release and discharge Site Provider from any and all claims or causes of action, known or unknown, arising out of using Site Provider.

3. Relationships

3.1 Between Member and Wellness Expert. The Services to be performed by the Wellness Expert are between a Member and a Wellness Expert. Upon booking confirmation, the Member agrees to purchase, and the Wellness Expert agrees to perform the Services in accordance with the following agreements: (a) any agreement directly between Member and Wellness Expert, (b) these Terms, and (c) any other content uploaded to the Site by Site Provider (collectively, the “Agreement”). You agree not to enter into any contractual provisions in conflict with these Terms. Any other provision of an Agreement in conflict with these Terms is void. Member is responsible for managing, inspecting, accepting and paying for satisfactory Services in accordance with the Agreement in a timely manner. Member and Wellness Expert each covenant and agrees to act with good faith and fair dealing in performance of the Agreement.

3.2 Between Registered Users and Site Provider.

3.2.1 General. Site Provider is not a party to the dealing, contracting and fulfillment of any Services between a Member and a Wellness Expert. Site Provider has no control over and does not guarantee the quality, safety or legality of any Services performed, advertised, the truth or accuracy of Wellness Expert listings, the qualifications, background, or abilities of Registered Users, the ability of Wellness Experts to perform Services, the ability of Members to pay for Services, or that a Member or Wellness Expert can or will actually complete the Services. Site Provider is not responsible for and will not control the manner in which a Wellness Expert operates and is not involved in the hiring, firing, discipline or working conditions of the Wellness Expert. All rights and obligations for the purchase and sale of Services are solely between a Member and a Wellness Expert. Site Provider will not provide any Wellness Expert with any materials, equipment, or facility to complete any Services. Members and Wellness Expert must look solely to the other for enforcement and performance of all the rights and obligations arising from Agreement and any other terms, conditions, representations, or warranties associated with such dealings. Member acknowledges and agrees that Site Provider does not supervise, direct or control a Wellness Expert’s Services or the Services in any manner. Member and Wellness Expert each acknowledges and agrees that the value, reputation, and goodwill of the Site depend on their performance of their covenants and agreements as set forth in their Agreement. Members and Wellness Experts further agree that Site Provider has the right to take such actions with respect to the Agreement or their Site Provider accounts, including without limitation, suspension, termination, or any other legal actions, as Site Provider in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Site. Wellness Expert AND Member ASSUME ALL RISK IN CONNECTION WITH THE SERVICES BETWEEN Wellness Expert AND Member, INCLUDING THE SAFETY AND CONDUCT OF ANY Wellness Expert OR ANY Member. SITE PROVIDER SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ACTS OR OMISSIONS OF THE Member OR Wellness Expert OR BOTH, AS APPLICABLE.

3.2.2 Background, Certification and Reference Checks. Site Provider does not employ, recommend or endorse any Wellness Expert or Member, nor is it responsible for the conduct of any Wellness Expert or Member. Site Provider provides a tool to connect Wellness Expert and Members. Member acknowledges and agrees that Member is responsible for determining if the Wellness Expert they hire is qualified to perform the Services at hand and for complying will all applicable laws in connection with the relationship the Services. Nothing contained herein shall be construed as an obligation by Site Provider to perform background checks, or verification checks on any Registered Users. To the extent Site Provider performs such checks on certain Registered Users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Services.

3.2.3 Agency. These Terms and any registration for or subsequent use of this Site by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and Site Provider, except and solely to the extent expressly stated.

4. Additional Terms Related To Interactions With Medical Professionals, Mental Health Professionals, And Other Wellness Experts In Fields Requiring Licensure And/Or Certification.

4.1 This section contains terms that are in addition to (and not in lieu of) any other terms appearing in this Agreement.

PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER: THE INFORMATION AND MATERIALS POSTED ON AND ACCESSIBLE THROUGH THE SITE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, OR PROFESSIONAL FINANCIAL OR INVESTMENT ADVICE. SITE PROVIDER DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, PROCEDURE, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE OR ON MATERIALS OBTAINED FROM THE SITE. RELIANCE ON ANY INFORMATION PROVIDED BY SITE PROVIDER, CONTRIBUTORS TO THE SITE, OR OTHER USERS OF THE SITE IS SOLELY AT YOUR OWN RISK.

4.2 YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING ANY EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. DO NOT USE SITE SERVICES IF YOU ARE PREGNANT UNLESS YOU HAVE RECEIVED PERMISSION FROM YOUR PHYSICIAN. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE!

4.3 If a Member chooses to interact on or through the Wellness Platform with any Wellness Expert in a field requiring licensure and/or certification, the Member relationship (as with all other Wellness Experts) is strictly with the Wellness Expert. Site Provider is not involved in any way with the substance of that relationship or the advice or information given therein, and Site Provider does not validate the information or advice provided to you by such a Wellness Expert.

4.4 The advice or information provided by a Wellness Expert is provided for educational and informational purposes only and cannot be considered a substitute for a face-to-face physical examination of the Member by a doctor or other health professional. Members should not rely on or make health decisions based on advice provided by any Wellness Expert on the Wellness Platform. Site Provider strongly recommends that a Member seeking medical or mental health advice make an appointment for an examination in person with a qualified medical professional.

4.5 Site Provider does not review, endorse, recommend, verify or evaluate, or otherwise provide any warranty or guarantee with respect to any Wellness Expert on the site. The Member understands that it is his or her responsibility to check the certification and/or licensing of the Wellness Expert with the applicable state licensing board or authorities in the Wellness Expert’s state or country.

4.6 Member understands and agrees that, although a Wellness Expert may have been accessed through the Wellness Platform or a Site, Site Provider cannot predict or assess the competence of, or appropriateness for Member’s needs, of the professional or other Wellness Expert. Member also acknowledges and agrees that Member takes full responsibility for the decision to access the Wellness Expert through the Site and to continue to interact with the Wellness Expert, and that the role of Site Provider is strictly limited to providing access to such professionals and other Wellness Experts for Member’s consideration.

4.7 Member hereby releases and agrees to hold harmless Site Provider and its affiliated companies and the directors, officers, employees, agents, successors, advisors, consultants and assigns of any of the foregoing from any and all causes of action and claims of any nature resulting from any act, omission, opinion, response, advice, suggestion, information and/or service of any Wellness Expert in a field requiring licensure and/or certification, who may be accessed through the Wellness Platform or any Site. (See Medical Disclaimer)

5. Additional Terms Related To Interactions With Holistic Therapy Professionals, And Other Wellness Experts In Fields Requiring Licensure And/Or Certification.

5.1 Many holistic therapies such as Functional Medicine, Integrative Medicine, Ayurveda, Acupuncture, Yoga, Meditation, Chiropractic, Naturopathic Medicine, Diet therapy, and others may be currently considered a form of complementary and alternative medicine in the United States. THESE THERAPIES MAY NOT BE RECOGNIZED OR LICENSED BY YOUR STATE AS A MEDICAL DISCIPLINE OR PRACTICE. All Services and treatments provided are complementary or alternative to health care Services provided by health care Wellness Experts currently licensed by your state. Holistic therapies are complementary to and supportive of traditional western medicine as practiced in the United States and do not replace medical diagnosis and treatment. (See Medical Disclaimer)

5.2 You have the right to complete and current information concerning the complementary and alternative health care Wellness Expert’s assessment and recommended complementary and alternative health care Services that are to be provided prior to commencement of service(s) for each appointment including: the expected duration of the complementary and alternative health care Services to be provided.

5.3 The Wellness Expert(s) may require additional health intake forms and waivers to comply within the state and country’s laws of practice.

5.4 Wellness Experts on NourishDoc offer a variety of programs on various platforms including online, social media, digital and retreats, classes, webinars, seminars and groups (programs). Online programs may include webinars, emails and videos. Member/member is responsible for taking time to participate in webinars, read emails and engage in programs to achieve success.

5.5 For Consultation: Before you purchase any session, and again before your consultation with your Wellness Expert, please read and understand the below legal disclaimers:

Wellness Experts may live and practice their trade in the USA in your state or outside your state, or any other country outside the USA. Wellness Experts may therefore not be registered with the Medical Boards of any US States. As such, the restrictions below apply.
Your Wellness Expert may require you to sign consent forms, health intake forms, and other forms needed for their practice in their country.
Your Wellness Expert can not legally ‘diagnose’ any medical condition or illnesses you may discuss. They will listen intently to you and analyze any issues you are facing, and they will inform you how traditional Holistic therapies and practice would interpret this, but this is clearly not a legal ‘diagnosis’.
Your Wellness Expert will not prescribe you any ‘drugs’ or ‘medicines’. Supplements may be a part of a traditional wellness response to temporary or ongoing wellness issues, but nothing your Wellness Expert may mention or recommend is to be interpreted as being meant to treat, cure, or prevent any disease.
Most conditions in Ayurvedic science and other holistic therapies will be addressed via simple home-level approaches or lifestyle adjustments, however, nutrition still plays a key element. Nature offers us an array of powerful solutions for keeping life-balance, however, although natural, all foods, herbs, and spices are not safe for all people under all conditions. Please ensure your intake forms are filled out with thoroughness and care, and please discuss with your Wellness Expert any proposed supplements’ risks and potential interactions with medications or vitamins you may be taking. Always discuss any change in the regiment with your Wellness Expert and your local physician
The same care and caution apply to many lifestyle changes as well. Allergies and physical conditions can render even the innocuous and apparently healthy activity dangerous.
Throughout your sessions, please keep in mind that this event is with Education in purpose and intent. We want you to understand how traditional health and wellness approaches can apply to your situation. We are enabling you to open up communications with some of the most knowledgeable people in the world about this ancient science, but there can still be rare health complexities that arise.
6. Additional Terms Related To Interactions With Wellness Experts In The Spirituality & Religion And Other Entertainment-Related Fields

6.1 This section contains terms that are in addition to (and not in lieu of) any other terms appearing in this Agreement.

6.2 If a Member chooses to interact with any Wellness Expert in the Spirituality & Religion, or other entertainment-related fields, the Member relationship (as with all other Wellness Experts) is strictly with the Wellness Expert. Any opinion, response, advice, suggestion, prediction, information and/or other service provided by any such Wellness Expert is provided for entertainment purposes only.

6.3 Member hereby releases and agrees to hold harmless Site Provider, its directors, officers, employees, agents, successors, advisors, consultants, and assigns from any and all causes of action and claims of any nature resulting from any act, omission, opinion, response, advice, suggestion, prediction, information and/or service of any Wellness Expert in the Spirituality & Religion or other entertainment-related fields.

7. Disclaimer of Warranty

7.1 Site Provider does not review, endorse, recommend, verify, evaluate, warrant or guarantee the qualifications, Wellness Expertise, claims or background of any Wellness Expert or any opinion, response, advice, prediction, recommendation, information or other service provided by any Wellness Expert. Nothing contained in this Agreement, on the Wellness Platform, on any Site, on any third party site or provided otherwise shall be considered as a referral, endorsement, recommendation, verification, warranty or guarantee with respect to (a) any Wellness Expert; (b) the Wellness Platform; (c) any opinion, response, advice, prediction, recommendation, information or other service provided by any Wellness Expert or otherwise made available on the Wellness Platform; or (d) the validity, accuracy, availability, completeness, safety, legality, quality or applicability of any content or anything otherwise said or written by any Wellness Expert, including any biographical information, qualifications, or other information spoken by any Wellness Expert or contained in or made available on the Wellness Platform, any Site, any blog or any other forum.

7.2 MEMBER ACKNOWLEDGES AND AGREES THAT THE SITES AND WELLNESS PLATFORM ARE PROVIDED “AS IS”, AND THEREFORE MEMBER WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST SITE PROVIDER, ITS AFFILIATES, OR ANY OF THE FOREGOING’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES OR AGENTS WITH RESPECT TO ANY SITE, THE Wellness Platform OR ANY Wellness Expert. THE USE OF A SITE AND THE WELLNESS PLATFORM IS AT THE MEMBER’S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, SITE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

7.3 Site Provider expressly disclaims all representations and warranties related to information posted or transmitted by Wellness Experts. If a Member decides to rely on information provided by a Wellness Expert, the Member must exercise a high level of care. The Member shall not have any claim or demand against Site Provider, its affiliates, and/or any of the foregoing’s officers, directors, shareholders, employees, sub-contractors and/or agents with respect to any service or advice Member receives, uses and/or relies on. Site Provider will not be deemed the provider of any Wellness Expert’s Services or other information acquired through the Wellness Platform or the sites. The purchase of the Services of any Wellness Expert is entirely at the Member’s sole risk.

7.4 Site Provider does not assume, and will not be liable for: (1) the accuracy or availability of any site or the Wellness Platform; or (2) any damages or injury arising from or related to any Site, the Wellness Platform and/or any opinion, response, advice, prediction, recommendation, information and/or other service provided or not provided by any Wellness Expert.

8. Additional Disclaimers

8.1 Site Provider will not be liable for enforcing any agreement that was made between a Wellness Expert and a Member, including a Member fee agreement. The Member will be solely responsible for any agreement made with a Wellness Expert.

8.2 In the event of a dispute regarding any Transaction conducted via the Wellness Platform or a Site, the Member hereby relieves Site Provider, its affiliates, their respective officers, directors, shareholders, employees, sub-contractors and agents from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys’ fees, which Member may have against one or more of the above.

9. Limitation of Liability

9.1 MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT SITE PROVIDER, ITS AFFILIATES, AND ANY OF THE FOREGOING’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS SHALL NOT BE LIABLE TO ANY MEMBER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE). MEMBER FURTHER EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) SITE PROVIDER, ITS AFFILIATES AND THE FOREGOING’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE SITES WILL NOT EXCEED THE LESSER OF THE TOTAL AMOUNT OF MONEY PAID BY MEMBER TO WELLNESS EXPERTS THROUGH THE APPLICABLE SITE IN THE ONE MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE AND $100; AND (B) SITE PROVIDER DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY AN Wellness Expert IN CONNECTION WITH PAYMENT FOR SERVICES BY THE MEMBER AND MEMBER AGREES TO INDEMNIFY, DEFEND AND HOLD SITE PROVIDER HARMLESS IN CONNECTION WITH ANY SUCH CLAIM. THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, IN TORT OR OTHERWISE AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY OR NEGLIGENCE.

9.2 In the event applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law, and the maximum liability to Site Provider will be capped at $10. This section (limitation of liability) shall survive termination or expiration of this Agreement.

10. Member Affirmation, Conduct and Use

10.1 By submitting the Member registration form, you, the Member, represent, warrant and agree to the following:

10.2 You are at least 18 years of age or a legally organized entity, and that you are authorized to submit a Member registration, or that you are authorized to represent the person who is submitting a Member registration, and that you are authorized to sign the Member registration form on behalf of yourself or on behalf of the person that you represent and bind him or her.

10.3 The information furnished by you in the registration form is accurate, true, current and complete, and you will maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.

10.4 You are solely and fully liable for all conduct, postings and transmissions that are made under your user name and password.

10.5 You are solely responsible for verifying the Wellness Expert’s identity, qualifications, credentials, biographic information, licenses held and other information.

10.6 Site Provider is not involved in any transactions between you and any Wellness Expert.

10.7 Site Provider takes no responsibility for verifying the identity, qualifications, credentials, biographic information, licensure, and/or any other information regarding any of the Wellness Experts.

10.8 Site Provider does not control the quality, relevance or accuracy of any advice provided by an Wellness Expert, and Site Provider does not determine whether any Wellness Expert is qualified to provide any specific advice, whether an Wellness Expert is categorized correctly or in the most appropriate category to provide the advice sought by a Member, or whether any postings on the Wellness Platform or a Site or any transmissions through the foregoing by a Member or an Wellness Expert is accurate, correct, relevant or appropriate.

10.9 You hereby grant Site Provider an unlimited, irrevocable, royalty-free license to use, reproduce, edit, copy, transmit, distribute, publicly display, publicly perform, create derivative works based on, on a world-wide basis, any information or content that you post, transmit, deliver or receive via the Wellness Platform, a Site or otherwise from or to an Wellness Expert.

10.10 All interactions between you and a Wellness Expert will be billed through the Wellness Platform membership plan in effect that you choose, regardless if the interaction is online or offline. You agree to abide by the pricing terms agreed upon in the Membership Plan with an Wellness Expert while using the Sites and to pay the Site Provider all fees for Services rendered to you by the Wellness Experts.

10.11 Member will not take any actions that may undermine, disrupt or manipulate the integrity of the Member feedback (rating) system on any Site. Site Provider also reserves the right to exclude without explanation any rating that we think may compromise the integrity of the Member feedback system.

10.12 Member will not interfere with or disrupt, or attempt to interfere with or disrupt, any Site Provider servers, networks or equipment connected to a Site.

10.13 Member will not transmit, upload, email, post or otherwise make available through the Service or any Site: (A) any “junk mail”, “spam”, or any other types of unsolicited email or bulletin board postings; or (B) any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind.

10.14 Member will not disobey or breach this Agreement or any other applicable agreements or instructions conveyed by Site Provider.

10.15 Member will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code.

10.16 Member will not transmit, upload, email, post or otherwise make available: (A) any information or material that infringes upon a third party right, especially intellectual property rights; (B) any third party advertisements, including banner exchange services; (C) any software viruses, Trojan horses, worms or any other malicious application or code; or (D) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law.

10.17 Site Provider enables the transfer of files between Members and Wellness Experts. When opening such file attachments received from Wellness Experts it is the Member’s responsibility to scan them with an anti-virus software application prior to opening them.

10.18 Member will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity.

10.19 Member will not stalk, threaten or harass any Wellness Expert or Member or infringe upon or attempt to infringe upon their privacy.

10.20 Site Provider may elect, but is not required, to review the Member’s personal profile and amend any typing or spelling errors. Site Provider does not examine the validity or accuracy of the details in the Member’s personal profile or in any of the Member’s postings or transmissions. Without derogating from the above or any other term of this Agreement, Site Provider may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the Member and/or remove any content violating this Agreement. The Member will bear all the risks associated with the uploading and transmitting of material while utilizing a Site and/or Site Provider’s Services, including reliance on its accuracy, reliability or legality.

11. Payments and Fees

11.1 PAYMENTS: You agree to pay all applicable fees related to your use of the Site or any part of the Site. We may suspend or terminate your account and/or access to our Services and this website if your payment is late and/or your offered payment method (e.g., credit card, PayPal account, etc.) cannot be processed. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular membership and utilized services.

11.2 If you sign up for a paid subscription to use our Service (“Subscription”), we will charge your credit card for your first fee on the date that we process the order for your Subscription.

11.3 IMPORTANT NOTICE: Unless you cancel prior to the expiration of your current Subscription, we will automatically renew your Subscription on each monthly or yearly (depending on the Subscription you have chosen) anniversary of the date that we charged your credit card for the first Subscription fee. If you sign up for a Subscription that includes a free-trial period, unless you have canceled your membership prior to the expiration of the free-trial period, as authorized by you during the memberships sign-up process, we will automatically charge you for the first monthly or yearly membership fee upon the expiration of the free-trial period and each subsequent membership fee on the anniversary of the date of the first billing. We will charge your credit card with the applicable renewal Subscription fee and any Taxes (as defined below) that may be imposed on such fee payments. Subscriptions must be canceled prior to the applicable renewal date.

11.4 You may cancel your Subscription directly through your account on the site; provided that any Subscription fees charged prior to the effective date of cancellation will not be refunded, in whole or in part.

11.5 All fees are exclusive of any applicable sales, use, import or export taxes, duties, fees, value-added taxes, tariffs or other amounts attributable to your use of the Site (collectively, “Taxes”). You are solely responsible for the payment of any such Taxes. In the event we are required to pay Taxes on your behalf, you shall promptly reimburse us for all amounts paid.

11.6 We understand that you might cancel your account, but please know that we will not provide any refund(s) and you will be responsible for paying any balance due on the account. To make things less complicated, you agree that we may charge any unpaid fees to your provided payment method and/or send you a bill for such unpaid fees.

11.7 Member shall ensure that all PayPal or credit card and payment information presented by Member is accurate and correct and kept updated at all times and that Member is fully authorized to use such credit card and payment information for purposes of paying for Services made available via the Wellness Platform.

11.8 Member is solely responsible for paying all fees incurred for the use of the Wellness Platform, including each Transaction under the Member’s account. See also User Name and Password. Member shall also be responsible to reimburse Site Provider for any expenses incurred by Site Provider to collect fees, including but not limited to any fees resulting from incorrect credit card information or fees incurred under a Member’s account disputed in violation of this Agreement.

11.9 A Member may make payments by charging the fees to the credit or debit card or the PayPal account on file. Each Member hereby expressly authorizes payments for all fees for each Transaction occurring under the Member’s account. Additionally, Member may deposit amounts as reserved funds as part of the Member Account. Deposits may be made via a credit or debit card or PayPal account. Fees will then be deducted from the reserved funds as incurred, either as Services are rendered, or promptly after a session with an Wellness Expert ends. The reserve funds feature is offered by Site Provider to Members for their convenience and is free for active accounts. Site Provider reserves the right to charge an administrative fee of up to $ US 5.00 (the “Account Maintenance Fee”) each month for inactive reserve funds (i.e., account reserve funds that have not been added to, or used for Transactions) for three or more months, which amounts shall be deducted automatically from the reserve funds. Site Provider will use reasonable efforts to process the payments due from the Member according to the terms agreed upon between Member and a Wellness Expert within seven (7) working days from the execution date of each transaction. Due to credit card and debit card payment processes, there may be a delay in processing charges. Charges incurred over a several-day period may be consolidated and charged as a single charge to the Member’s credit card or debit card. As a result, it is recommended that Members keep track of their own usage.

11.10 Site Provider’s billing system is not fault-free; therefore Site Provider shall not be liable for any problems, miscalculations or malfunctions in processing the payments owed by the Member.

11.11 Members are solely responsible and liable for all uses of the Wellness Platform (including, but not limited to, the selection of Wellness Experts, communications with Wellness Experts and fee arrangements with Wellness Experts), and Members assume the risk that any communications with an Wellness Expert may or may not address a Member’s questions or otherwise be satisfactory, relevant or acceptable to the Member.

11.12 Fees: Site Provider offers certain enhanced features of the Services that User can purchase as a subscription (“Subscription”). A description of features associated with Subscriptions is available via the Services. When User purchases a Subscription or a Product (each, a “Transaction”), we may ask User to supply additional information relevant to User’s Transaction, such as User’s credit card number, the expiration date of User’s credit card and User’s address(es) for billing and delivery (such information, “Payment Information”). User represents and warrants that User has the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by User for a Transaction through the Services will be presented to User before User places any order. If User chooses to initiate a Transaction via the Services, User authorizes us to provide User Payment Information to third party service providers so we can complete User’s Transaction and agrees (a) to pay the applicable fees and any taxes; (b) that Site Provider may charge User’s credit card or third party payment processing account, including, but not limited to, User’s account with the app store or distribution platform (like the Apple App Store, Google Play, our web site or the Amazon Appstore, Slack App Store, Teams App Store or Zoom App Store) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that User’s App Provider, bank or other financial service provider may levy on User as well as any taxes or fees that may apply to User’s order.

11.13 User will receive a confirmation email after we confirm the payment for User’s order. User’s order is not binding on Site Provider until accepted and confirmed by Site Provider. All payments made are non-refundable and non-transferable except as expressly provided in these Terms. If User has any concerns or objections regarding charges, User agrees to raise them with us first and User agrees not to cancel or reject any credit card or third-party payment processing charges unless User has made a reasonable attempt at resolving the matter directly with Site Provider.

11.14 Site Provider reserves the right to not process or to cancel User’s order in certain circumstances, for example, if User’s credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Site Provider deems appropriate in its sole discretion. Site Provider also reserves the right, in its sole discretion, to take steps to verify User’s identity in connection with User’s order. User may need to provide additional information to verify User’s identity before completing User’s Transaction (such information is included within the definition of Payment Information). Site Provider will either not charge User or refund the charges for orders that we do not process or cancel.

11.15 Subscriptions Automatically Renew Until User Cancels & How to Cancel User Subscription: All amounts are payable and charged: (i) For one-off purchases, at the time User places your order; and (ii) Subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until User cancels it, at the time of each renewal until User cancels, using the Payment Information you have provided. User must cancel monthly or yearly Subscription before it renews to avoid billing of the fees for the next Subscription period.

11.16 If User purchases a Subscription via the Site, User can cancel the renewal of User’s subscription at any time by contacting us by email at [email protected]. If User purchases Subscription via an App Provider (such as Apple App Store or Google Play), User can cancel the renewal of User’s subscription at any time with the App Provider. User will not receive a refund for the fees already paid for User’s current Subscription period and User will continue to receive the Services ordered until the end of the current Subscription period.

11.17 Feedback We welcome feedback, comments and suggestions for improvements to the Services or Products (“Feedback”). Users can submit Feedback by emailing us at [email protected]. User grants to us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that User owns or controls to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

11.18 Future Functionality: User agrees that purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Site Provider regarding future functionality or features.

12. User Name and Password

12.1 When you, the Member, create and open an account with Site Provider, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name and/or password. You may not use the account, username or password of someone else at any time. You will immediately notify Site Provider of any unauthorized use of Member’s password, user name, e-mail, or any other breach of security. Site Provider encourages Member to change their password at least once a month. Site Provider will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. Site Provider will hold you liable and responsible for any losses incurred by Site Provider due to someone else’s use of your account or password.

13. HIPAA Waiver for Digital Communication, De-Identified Data & Holistic Medicine

13.1 HIPAA Waiver for Digital Communication, Virtual Appointments and Program Participation: Member consents to voluntarily communicating with Wellness Expert through digital communication (i.e., email, video conference, SMS, video content messages and various other forms of digital and internet communication). Site Provider does its absolute best to maintain security using secure websites, but does not guarantee secure Text messaging, emails, audio or video calls.

13.2 Telemedicine and Remote Appointments: Remote appointments through video conference and/or phone meetings is standard practice among Wellness Experts with an online and digital platform.

13.3 Digital Meetings: Being a mobile/virtual practice, Wellness Experts standard practice for consultations and programs include video conferencing. Videos will not be released to the public without Member written consent.

13.4 De-identified anonymous data for Research/Publication: In addition to optimizing and improving health, Site Provider is also interested in conducting research on the science of food, personalized nutrition and its role in health and wellness. The use of Member’s anonymized or de-identified data is crucial to this research. De-identified data is information from which there is no reasonable basis to believe one could be identified as an individual. Names, phone numbers, street and email addresses, financial information, face photos and codes are removed from anonymized data. As such, you consent to data obtained during treatment by a Wellness Expert to be used for scientific research, including the presentation and publication of results on the condition that any/all data is de-identified to protect your anonymity.

13.5 Digital/Electronic Communication Agreement: The Member may be contacted by phone, voicemail, email, text or other digital forms of communication by Wellness Expert to consult or get any other information.

14. Insurance, Medicare, Workers Comp, Financial Responsibility & Claim Processing

14.1 Outside the Conventional Standard of Care: All of the recommended Wellness Expert Services fall “outside the conventional standard of care” and are not be approved/covered by health insurance carriers. As such, Member accepts full responsibility for all associated costs and fees.

14.2 Insurance: Site Provider Does Not Accept Insurance and requires payment in full with credit cards–Site Provider cannot accept cash–at time of service booking or program registration.

14.3 Insurance, Medicare and Workers Comp: Site Provider does not accept insurance, is not a medicare or workers comp provider.

14.4 Financial Responsibility: Member accepts full responsibility for all associated costs and fees associated with Site Provider’s Services.

14.5 Payment Due when booking Services, and/or when purchasing any related Site Provider products, such as supplements.

14.6 Processing Insurance Claims: Site Provider does not accept or process insurance claims.

14.7 Current Contact: Member is responsible for keeping billing information current with Site Provider. In addition, any changes to billing or contact information such as new/expired credit card, change in billing address and/or phone numbers must be submitted to [email protected] immediately.

14.8 Collection Account Fees: If Member’s account is sent to a collection agency and/or attorney, they will be responsible for all Site Provider collection agency and attorney fees and costs.

15. Links

15.1 The Sites may contain links or other content related to web sites, products and/or Services offered by third parties. Site Provider has no control over any such links, content, web sites, products or Services or any information provided or transmitted via such links, web sites, products or Services, or otherwise provided by any such third party. The Member acknowledges and agrees that Site Provider is not responsible for the availability of such third party links, content, web sites, products or Services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. The Member warrants and agrees that Site Provider will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, web site, content, product and/or service. Site Provider encourages the Member to, at a minimum, be aware when he or she leaves a Site and to review the privacy practices related to third party sites.

16. Advertisements

16.1 Site Provider may include on the Sites advertisements on its own behalf or paid advertisements on behalf of third parties. By clicking on the advertisements, the Member may be redirected to a web site of the advertiser or receive other messages, information or offers from the advertiser.

16.2 The Member acknowledges and agrees that the Site Provider is not liable or responsible for the content, products or Services of such advertisers or the web sites, links, information, messages, offers or privacy practices of such advertisers. The Member is wholly liable for all communications and transactions with advertisers.

17. Modifications and Termination of Services

17.1 Site Provider reserves the right to modify or discontinue, temporarily or permanently, any service in or on the Sites, with or without notice to Member. Member agrees that Site Provider shall not be liable to Member or to any third party for any modification or discontinuance of any service offered by Site Provider, or for any losses or damages that may result to Member or any third party from such discontinuation or interruption of service.

17.2 Site Provider’s Services depend on various factors such as software, hardware and communications networks of Site Provider, its contractors and suppliers. Site Provider does not guarantee that Site Provider’s service will be uninterrupted or that it will be timely, secure or error-free.

17.3 Site Provider, in its sole discretion and for any reason, may terminate Member’s participation in the Services and refuse any and all current or future use by Member of the Sites.

18. Site Provider Intellectual Property

18.1 The Sites contain copyrighted material, trade secrets and proprietary information owned by Site Provider or its licensors. This Agreement does not grant to the Member any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of the Sites or any material or information appearing on the Sites or any Services offered by Site Provider. The Member may not create any derivative work or technology based upon any trade secret, intellectual property, confidential or proprietary information of Site Provider or its licensors. Furthermore, the Member may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership in the Sites.

18.2 The Member may not adapt or use any trademark, service mark, trade name, logo or domain name similar to or likely to be confused with those of Site Provider or its licensors, or take any other action that infringes upon or impairs Site Provider’s trademark or other intellectual property rights.

18.3 Site Provider or its suppliers are the sole owners of all intellectual property, and in particular the copyright, trademarks, database and patents, in the Sites and in any software, application, graphics, text and other materials used therein, including the organization and selection of the materials contained therein. In addition, except as otherwise expressly set forth or provided in this Agreement, Site Provider or its suppliers shall retain all ownership rights in and to all content displayed on the Sites, including copies of data transferred or received by Member through the Sites. This section shall survive expiration or termination of this Agreement.

19. Privacy Policy

19.1 We respect the information that you provide to us, and want to be sure you fully understand exactly how we use that information. By registering as a Member and agreeing to the terms and conditions of this Agreement, you are also agreeing to the terms of Site Provider’s Privacy Policy. So, please review our Privacy Policy (“Privacy Policy”) which explains everything available here.

20. Permitted and Required Disclosures

Site Provider may disclose Member information including, but not limited to, personal information, transcripts, surveys, and recordings, if Site Provider reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate Site Provider’s liability in an actual or potential lawsuit, (iii) is necessary or appropriate to protect Site Provider’s rights or property, or the rights or property of any person or entity, (iv) is necessary to enforce this Agreement (including, but not limited to ensuring payment of fees by Members), or (v) is required or necessary to deter illegal behavior (including, but not limited to, fraud).

21. Contributions To Site

Any text, photographs, artwork, ideas, questions, reviews, comments, suggestions or other content that you submit or post to the Site or otherwise provide to us are referred to as “User Content”. The following terms apply to User Content:

21.1 License to Site Provider. By sharing, submitting or uploading any User Content, you grant Site Provider a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from your User Content in any manner existing now or created in the future. Subject to the license above, you retain ownership of User Content.

21.2 Waiver of Moral Rights. You irrevocably waive and agree not to assert any rights, including any “moral rights,” that you have to prevent us from exploiting the rights granted in Section 21.1.

21.3 Your Responsibility for User Content. You acknowledge and agree that you are solely responsible for all the User Content that you make available through the Site. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant NourishDoc the required rights to disseminate any User Content and (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or Site Provider’s use of your uploaded User Content (or any portion thereof) on, through or by the means of the Site, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.

21.4 No Obligations Regarding User Content. Site Provider will not have any obligation to hold any User Content in confidence or compensate you or anyone else for its use. Site Provider has the right to remove or edit any User Content for any reason or no reason at all.

22. Infringement

22.1 Infringement Notification. Site Provider respects the rights of others and we expect users of our Site and Services to do the same. These Terms prohibit the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.

22.2 How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by fax or regular mail to Site Provider’s designated Copyright Agent to receive notifications of claimed infringement by one of the following means:

DesignDolce LLC Copyright Agent

50 Woodside Plaza #612

Redwood City, CA 94061

[email protected]

and with the information that sets forth the items specified below:

Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit Site Provider. to locate the material. Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
Include details of your claim to the material, or your relationship to the material’s copyright holder.
Provide your full name, address, and telephone number should we need to clarify your claim.
Provide a working email address where we can contact you to confirm your claim.
If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
Sign the document, physically or electronically.
23. Limited License

Site Provider grants Member a limited, nonexclusive, revocable right to use the Sites provided that Member does not copy, modify, create a derivative work of, reverse engineer or otherwise attempt to discover any source code thereof, and provided further that you remain fully compliant with all terms and conditions of this Agreement and all other policies referenced herein or otherwise made available on the Sites.

24. Indemnification

Member shall defend, indemnify and hold Site Provider, its affiliates and its and their officers, directors, employees, consultants, representatives and agents (collectively, the “Indemnified Parties”) harmless from any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys’ fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against an Indemnified Party related to: (a) any breach of any representation, warranty, covenant or agreement made or to be performed by Member according to this Agreement; (b) Member’s refusal to pay for Services provided by any Wellness Expert; (c) any content Member submits, posts or transmits through a Site and/or the Wellness Platform or otherwise provided by Member; (d) Member’s use of any Site and/or the Wellness Platform; and (e) Member’s participation in the Refer-a-Friend program. This section shall survive expiration or termination of this Agreement.

25. Notice

25.1 Site Provider may provide notices or other communications to you regarding changes to this Agreement and/or changes to any aspect of the Wellness Platform or Sites, by email to the email address that we have on record, by regular mail or by posting on the Site and/or the Wellness Platform. The date of receipt shall be deemed the date on which such notice is given. Notices sent to Site Provider must be delivered via express delivery or regular mail to:

Design Dolce LLC

50 Woodside Plaza

Ste 612

Redwood City, CA 94061

26. No Assignment

26.1 You shall not assign your rights or obligations pursuant to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of the Site Provider. Any purported assignment without the prior written approval of Site Provider will be null and void and of no force or effect.

27. Miscellaneous

27.1 Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the State of California (excluding any rules governing choice of laws), and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in County of San Mateo, California. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Site Provider and Member with respect to the subject matter hereof, and Member has not relied upon any promises or representations by Site Provider with respect to the subject matter except as set forth herein. Persons and entities who live in a territory that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States are not permitted to use or access the Wellness Platform or the Sites.

27.2 No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

28. Violation

You may report any violation of this Agreement to the Site Provider at: