ELEMENTAL DIET SUCCESS PLANTM
TERMS & CONDITIONS
Please read these Terms & Conditions for the Elemental Diet Success PlanTM Online Course (the “Terms & Conditions”) carefully. You must agree to these Terms & Conditions before purchasing, enrolling in, accessing, or using the Elemental Diet Success Plan Online Course (the “Program”), which is owned and operated by Mindful Pediatrics P.C. doing business as Mindful Family Medicine (“Mindful Family Medicine”, “we”, “our” or “us”), wherever the Program is hosted, whether on a website operated by Mindful Family Medicine, or on a third-party website or platform. The term “you” refers to any purchaser, user and/or participant of the Program.
By purchasing or using the Program, you accept and agree to these Terms & Conditions, and you are required to act in accordance with them, whether or not you have read them. If you do not want to agree to these Terms & Conditions, you must not purchase or use the Program or any portion thereof.
These Terms & Conditions require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using the Program, you are waiving certain legal rights and you are voluntarily agreeing to do so.
- Information and Education Only; Not Medical Advice
The Program is for informational and educational purposes only and is not to be perceived as or relied upon in any way as medical advice for any individual. The Program is not intended as, and must not be understood as or construed as, medical care or advice, the practice of medicine, the practice of dietetics or medical nutrition therapy, the practice of counseling care including, without limitation, psychiatry, psychology, psychotherapy, or as providing any form of medical diagnosis or treatment. Furthermore, the Program is not intended to and does not diagnose, treat, cure, or prevent any disease or medical condition.
Your enrollment in the Program, including your access to information provided in the Program or implementation of any suggestions set out in the Program, does not create a provider-patient relationship between you and any doctor or professional that may be associated with the Program.
You should not rely on the Program as a substitute for the professional medical advice, diagnosis, or treatment from a qualified and licensed healthcare provider who is familiar with your individual situation. Do not disregard, avoid or delay obtaining medical advice from a licensed medical or healthcare professional because of something you have read, viewed, or heard on or in the Program. Always seek the advice of your qualified health care provider with any questions you have regarding a medical condition or your health and prior to changing any medications, taking any herbal or dietary supplements, using any treatment for a health problem, or undertaking any significant changes to your health care regimen such as starting any new program or treatment.
Because we expressly recommend that you seek advice from a licensed medical or healthcare professional who has knowledge of the facts and circumstances of your individual situation, the use of any information provided in the Program is solely at your own risk. Neither Mindful Family Medicine nor any professional associated with Mindful Family Medicine and the Program shall be held liable or responsible for any errors or omissions in the Program or for any damage you may suffer because of failing to seek competent medical advice from a licensed medical or healthcare professional who has knowledge of the facts and circumstances of your individual situation.
Information and statements in the Program regarding dietary supplements and products have not been evaluated by the Food and Drug Administration. Any dietary supplements or products which may be mentioned in the Program are not intended to diagnose, treat, cure, or prevent any disease. You should always consult with an appropriately qualified health care professional familiar with your individual situation for information regarding which supplements may be appropriate for you. Mindful Family Medicine does not represent or warrant that any particular supplement is safe, appropriate, or effective for you.
The Program is intended solely for users who are eighteen (18) years of age or older. Any purchase by, use of, or access to the Program by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms & Conditions. By accessing or using the Program, you represent and warrant that you are at least 18 years old. Mindful Family Medicine hereby disclaims all liability for use by individuals under the age of 18 unless being used under supervision of a licensed healthcare provider and with proper parental guidance at all times.
- The Program
The Program is designed as an approximately six (6) week educational program to take you through an elemental diet. While it is designed to be used over the course of six weeks, with a 2 week preparatory period, 2+ week elemental diet, and 1-2 week transition diet, participants will have access to view and download the Program content for 12 months from the date of purchase. As a participant in the Program, you will receive:
- Access to the Elemental Diet Success Plan membership site for 12 months that includes 14 video lessons and 5 downloadable PDF guidebooks including: Program Timeline, Program Workbook, Elemental Diet Supply List, Detox Support Guide, and Transition Diet Recipe Guide.
- Program Fees, Payments, and Refund Policy
- Payment for the Program
Payment for the Program is due in-full upfront to obtain access to the Program. If there is a declined or failed payment, you will be required to provide a new credit card. By purchasing the Program, you agree that Mindful Family Medicine is authorized to share any payment information and instructions required to complete the payment transactions with any third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services) such as Stripe or Square. Mindful Family Medicine cannot and does not control and has no responsibility or liability for the policies or actions of the payment processing companies.
- Limited Refund Policy
Your satisfaction with the Program is important to us. Yet, because of the extensive time, expertise, preparation, and care that goes into creating and providing the Program, we only offer a limited refund.
- If we receive your request email to email@example.com within the first 72 hours after your purchase of the Program, we will provide a full refund as long as no more than 20% of course lessons and/or handouts were viewed or downloaded. We’re happy to share our video view and download logs on request to participants who do not meet this requirement.
- No refunds will be provided at any time after 72 hours from time of purchase or if more than 20% of the program materials have been viewed and/or downloaded. No exceptions will be made.
To request a refund email firstname.lastname@example.org with the subject line REFUND REQUEST. Upon determining that you are entitled to a refund pursuant to this policy, we will issue an instruction to our payment processor to issue the refund. If you receive a refund, you will immediately lose all access to the Program.
Since there is a clear and explicit Limited Refund Policy in these Terms & Conditions that you agree to prior to completing your purchase of the Program, Mindful Family Medicine does not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or the payment processor. If a chargeback is placed on a purchase or Mindful Family Medicine receives a chargeback threat after your purchase, Mindful Family Medicine reserves the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, e-mail address, order date, order amount, and billing address. If you then wish to have this report removed from your credit report, you must make the payment owed for the amount of the chargeback. Once payment owed is received, the appropriate reports to the credit agencies will be made.
- Intellectual Property Rights
- Ownership of Program Content and Mindful Family Medicine’s Limited License to You
YOU ARE NOT PERMITTED TO SHARE YOUR LOGIN INFORMATION OR ANY PROGRAM CONTENT WITH ANYONE ELSE. YOU ARE NOT PERMITTED TO RECORD OR RE-POST OUR PROGRAM CONTENT OR REDISTRIBUTE IT TO ANYONE AT ANY TIME. PLEASE BE AWARE THAT DOING SO IS CONSIDERED COPYRIGHT INFRINGEMENT AND THEFT.
The Program, including without limitation, the words, design, layout, look, appearance, graphics, photos, images, information, materials, documents, data, videos and video files and recordings, voice/audio files and recordings including downloadable Mp3 audio files, webinars and recorded webinars, emails, downloadable PDFs, worksheets, workbooks, forms, guidebooks, questionnaires, e-books, handouts and slides, and all other similar materials and all other information and intellectual property accessible on or through the Program, as well as the look and feel of all of the foregoing (collectively, the “Program Content”) are the property of and solely owned by Mindful Family Medicine unless otherwise noted, and are protected by copyright, trademark and other laws that protect intellectual property and proprietary rights.
You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained on or in the Program Content as well as these Terms & Conditions.
When you purchase the Program or view or access any Program Content, Mindful Family Medicine is granting you a limited, revocable, non-transferable, non-exclusive license to access and use the Program and Program Content for your own personal, non-commercial use ONLY. This license is limited to you only for your personal use, and NOT for your business or commercial use or in any way that earns you money.
You are NOT permitted to share any Program Content with your friends, family, colleagues, or any other person. If they would like access to the Program, they must purchase their own license to the Program separately. If you are a clinician, you may not distribute our Program Content to your clients or through your practice or copy or use it as your own.
This means that when you purchase the Program, you may watch, listen to, download and/or print Program Content for your own personal use, BUT you are NOT permitted to copy, duplicate, reprint, republish, reproduce, share, sell/re-sell, display, disclose, or redistribute any part of the Program or Program Content with or to friends, family members, colleagues, or any other third party, or use any Program Content for commercial purposes or in any way that earns you money. For avoidance of doubt, this means you may NOT adapt or represent any part of the Program in any way as if it is yours or created by you and you may not reprint or republish any part of the Program and Program Content for publication or compilation into your own products, programs, or services for business or commercial use or in any way that earns you or a third-party money.
Furthermore, you may not hypertext, frame or inline link to any part of the Program or Program Content, nor may you state or imply any sponsorship, endorsement by, or ownership of the Program or Program Content without the express written permission of Mindful Family Medicine.
You understand that purchasing, downloading, printing, or otherwise using the Program and Program Content in no way gives you any copyright, trademark, intellectual property or ownership rights in the Program or Program Content. It is still the property of Mindful Family Medicine.
Any trademarks and logos displayed on the Programs and Program Content are trademarks belonging to Mindful Family Medicine unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without the express written permission of Mindful Family Medicine.
All rights not expressly granted in these Terms & Conditions or any express written license, are reserved by Mindful Family Medicine.
- Request for Permission to Use the Program Content
If you wish to use any portion of the Program Content, or any other intellectual property or property belonging to Mindful Family Medicine in any way that is prohibited by or not expressly permitted by these Terms & Conditions, you must request permission in writing from Mindful Family Medicine BEFORE you use such Program Content by sending an e-mail to email@example.com.
If you do receive the express written permission of Mindful Family Medicine, you are only granted permission to use the applicable portion of the Program Content as explicitly granted in such writing. In other words, you agree to use only the specific Program Content that Mindful Family Medicine allows and only in the ways for which Mindful Family Medicine has given you written permission. If you use the Program Content in ways that Mindful Family Medicine does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Program Content from Mindful Family Medicine, and you consent to immediately stop using such Program Content and to take whatever actions as Mindful Family Medicine may request and by the methods and in the time frame that Mindful Family Medicine prescribes to protect its intellectual property and ownership rights in the Program and the Program Content, and you will be subject to penalties for Unauthorized Use and Infringement of Program Content as set forth in these Terms & Conditions.
- Unauthorized Use and Infringement of Program Content
You understand and agree that your use of the Program Content other than as expressly authorized in these Terms & Conditions or by a separate written consent of Mindful Family Medicine, is not permitted and is considered unauthorized use, infringement and theft (“Unauthorized Use and Infringement”) and may give rise to a civil claim for damages and/or be a criminal offense, and Mindful Family Medicine reserves the right to prosecute for theft and to enforce Mindful Family Medicine’ rights to the full extent of the law.
In the event of your Unauthorized Use and Infringement, you agree to pay liquidated damages of the greater of five (5) times the total fees paid for the Program or $5,000.00, in addition to any legal or equitable remedies Mindful Family Medicine may be entitled to pursue. This is not a penalty but an agreed upon liquidated damages charge for Unauthorized Use and Infringement.
You agree that any violation or threatened violation of by you of the Intellectual Property Rights terms in these Terms & Conditions would cause irreparable injury to Mindful Family Medicine that may not be adequately compensated by damages, entitling Mindful Family Medicine to obtain injunctive relief, without bond, in addition to all other legal remedies.
- Materials Provided By You – Your License to Mindful Family Medicine; Use in Testimonials and Marketing.
When you voluntarily share any information or voluntarily submit, post or upload any material such as any comments, posts, photos, images, or videos or complete any feedback forms provided with testimonials and successes (each “your Submission” or collectively “your Submissions”), on or through the Program or feedback forms provided, you are granting Mindful Family Medicine permission and an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, distribute, and/or publicly perform or display the information you share and/or your Submission, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, including, without limitation, for Mindful Family Medicine marketing, advertising or promotional efforts without any further permission from you or compensation by Mindful Family Medicine to you. You also grant Mindful Family Medicine, and anyone authorized by Mindful Family Medicine, the right to use your likeness and with respect to any Submissions, for commercial purposes, including marketing, and advertising the Program.
However, due to the nature of the Internet, no data transmission over the Internet can be guaranteed to be completely secure. As a result, Mindful Family Medicine cannot ensure or warrant the security of your Confidential Information or of any other data or information you transmit via the Internet. By transmitting any Confidential Information, data or other information to Mindful Family Medicine, you accept that and acknowledge that you do so at your own risk. Mindful Family Medicine has security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but Mindful Family Medicine makes no assurances about the ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
- Accessing the Program; Username and Password
During the registration process for the Program, you agree to provide true, accurate, current, and complete information about yourself. To access the Program, you will need a username and password. You are not permitted to share your username and/or password or access to your Program account with anyone at any time.
If Mindful Family Medicine has reasonable grounds to suspect that you have provided false information including a false e-mail address, shared your username and/or password with anyone else, provided anyone else access to your account or forwarded any non-public material from the Program to any other person, Mindful Family Medicine reserves the right to immediately suspend or terminate your account and your access to the Program, and to refuse any and all current or future use of the Program or any Program Content, in whole or in part, without refund.
- No Guarantees of Results
You acknowledge and agree that Mindful Family Medicine makes no guarantees or warranties of any kind about the results of your participation in a Program or use of any information in a Program. Your participation in the Program does not guarantee any success with any health conditions or symptoms. The Program are for educational and informational purposes and are intended to solely to provide users of Program with education and tools about their health. You recognize that every individual is different, and many factors contribute to one’s health.
Any testimonials provided by individuals who have worked with Mindful Family Medicine or used the Program are truthful statements made by real people, but they do not guarantee or promise in any way that you might achieve the same outcome. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others, whether clients of Mindful Family Medicine, participants of the Program or otherwise, are no guarantee that you or any other person will obtain similar results.
- Errors and Omissions Disclaimer
Mindful Family Medicine has done its best to ensure that the Program and Program Content are accurate, but because the nature of health information is constantly evolving, Mindful Family Medicine cannot guarantee the complete and ongoing accuracy of such information. You acknowledge that the Program and Program Content may contain inaccuracies or errors and neither Mindful Family Medicine nor any of its owners, officers, employees, contractors, agents, affiliates, successors-in-interest, transferees or assigns shall be held liable or responsible for any errors, omissions or inaccuracies on or in the Program or Program Content or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in the Program and Program Content for any person.
- Technology Disclaimer
While the hope is that the availability and delivery of the Program is uninterrupted, Mindful Family Medicine cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance, or updates. To the fullest extent permitted by law, Mindful Family Medicine is not liable to you for damages or refunds, or any other recourse, should any of the Program become unavailable or access to them becomes slow or incomplete due to any reasons, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the Program inaccessible to you.
- No Warranties
MINDFUL FAMILY MEDICINE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY AND APPROPRIATENESS OF THE PROGRAM FOR ANY PERSON. THE PROGRAM IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MINDFUL FAMILY MEDICINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE PROGRAM AND ALL PROGRAM CONTENT. MINDFUL FAMILY MEDICINE FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM.
- Limitation of Liability and Release of Claims
YOU AGREE TO ABSOLVE MINDFUL FAMILY MEDICINE AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS-IN-INTEREST, TRANSFEREES AND ASSIGNEES (COLLECTIVELY THE “RELEASEES”) OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE PROGRAM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EQUITABLE, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE DELAY OR INABILITY TO USE, THE PROGRAM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MINDFUL FAMILY MEDICINE OR ANY RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF MINDFUL FAMILY MEDICINE AND THE RELEASEES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE RELEASEES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTICIPANTS OF THE PROGRAM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PROGRAM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM.
- Third-Party Sites and Affiliate Links Disclosure Policy
The Program may contain links to third-party websites such as the online supplement dispensary retailers like Fullscript and Wholescripts or other sites (“Linked Websites”). The Linked Websites are not under the control of Mindful Family Medicine, and Mindful Family Medicine is not responsible or liable for any content of any Linked Website. These links are provided for your convenience to provide further information and to allow you find other products and services that you may find of interest.
Mindful Family Medicine believes in honesty. If you purchase products from the links in the Programs, such as our online supplement dispensaries through Fullscript and Wholescripts and others, we may receive a small commission for making the recommendation, while the cost of the product remains the same or less for you. We only link to products that we personally use and/or recommend. You may make your purchases from any vendor that you choose.
With respect to Fullscript, Wholescripts and supplement retailers specifically, we choose to provide this service so that we know you are receiving the highest quality products that are not contaminated and contain the ingredients they are supposed to contain from manufacturers who have gained our confidence through considerable research and experience.
While we are committed to only affiliating with products and services that we believe will provide value, we make no warranties, guarantees, or representations as to the effectiveness or safety of such products or services.
Mindful Family Medicine reserves the right in our sole discretion to refuse or terminate your access to the Program, in full or in part, and without refund, for violation of our Terms & Conditions. All of the terms of these Terms & Conditions, including but not limited to, all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and the Limited Refund Policy will still apply now and in the future, even after termination of your access to the Program.
- Governing Law and Dispute Resolution
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Colorado where Mindful Family Medicine is registered, regardless of the conflict of laws principles.
It is hoped that you will have no dispute with Mindful Family Medicine. However, should a dispute arise between you and Mindful Family Medicine, we would like to be able to work it out amicably through e-mail correspondence. Therefore, it is requested that you contact Mindful Family Medicine via e-mail in attempt to resolve any dispute prior to seeking legal action and include your reasons for dissatisfaction.
However, should we be unable to resolve any potential dispute within a reasonable time, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your payment made to purchase the Program as of the date of such dispute. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction.
You also agree that should arbitration take place, it will be held in Boulder County in the State of Colorado, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
By purchasing the Program, you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of your e-mail to Mindful Family Medicine referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action related to the Program or these Terms & Conditions.
- Users Outside United States
Mindful Family Medicine controls and operates the Program from offices in the United States. Mindful Family Medicine does not represent that the materials in the Program are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You expressly agree that these Terms & Conditions are intended to be as broad and inclusive as permitted by the law of the State of Colorado, and that if any portion of these Terms & Conditions is held invalid, void or unenforceable for any reason, then that portion shall be deemed severed from these Terms & Conditions and it shall not affect the validity or enforceability of the remainder of the Terms & Conditions which shall be given full legal force and effect.
Any waiver or forbearance by Mindful Family Medicine of any breach by you of any provision of these Terms & Conditions shall not be construed as a waiver of any subsequent breach by you.
- Changes to Terms & Conditions
Mindful Family Medicine may change, modify, or update these Terms & Conditions at any time. Any access or use of the Program or Program Content by you after Mindful Family Medicine publicly posts or distributes such changes shall constitute consent of such modifications.
Contact and Questions:
If you have any questions about any term of these Terms & Conditions, please contact Mindful Family Medicine at firstname.lastname@example.org.