Terms of Sale and Participation Agreement
Distant Fertility Consult Program
TERMS OF ONLINE SALES
By purchasing a Distant Fertility Consult, you (“Client”) agree to all of the terms contained in this Agreement.
1. Nature of Services.
The Distant Fertility Consultation includes: One 60-minute phone, Skype or Zoom consults and 1 email follow up.
2. Fees.
The charge for client’s services is a one-time fee of $397 for the the Distant Consult.
3. Payment method and authorization.
Payment shall be made via credit card or PayPal.
4. Refunds/Cancellation.
Due to the nature of the services provided, all sales are final and there is a NO REFUND policy.
If Client decides that they no longer wish to continue with the Program, Client may cancel future
sessions, but no refund will be issued.
5. Appointments.
Both Client and Your Consultant (Michelle Siazon or Sandra McKay) agree to respect each other’s time and to show up on time for meetings and calls. If client needs to reschedule an appointment, a request to reschedule should be made at least 24 hours in advance via email to support@heidibrockmyre.com. Unless there is at least 24 hours notice given to reschedule appointments, failure to make an appointment at the scheduled time will be considered “no-call, no-show” and any payments made will be forfeited. Both parties agree to be flexible and reasonable with requests to reschedule appointments.
6. Client Responsibilities.
In order for Client to get the most out the Consult, Client must be fully committed to following the direction and advice given by Your Consultant (Michelle Siazon or Sandra McKay). Accordingly, the client is expected to be resourceful and take full responsibility for doing the work to achieve the desired results.
7. Guarantee/Disclaimer.
Client understands that there are no guarantees made by Your Consultant (Michelle Siazon or Sandra McKay) about the information and/or recommendations provided under this Agreement. Client acknowledges that Heidi Brockmyre and Your Consultant (Michelle Siazon or Sandra McKay) have not made any guarantee of any particular result. Therefore, following any information or recommendations provided during the Consult should be relied upon at Client’s own risk.
8. Confidentiality
Client understands and agrees that the information from this Consult is for his/her personal use only, and may not be sold, tape recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Heidi Brockmyre. Client also understands that while he/she is free to share his/her experiences and personal results of this Program, Client will keep the experiences and statements, oral or written, of all other participants in this Program in the strictest of confidence. Client agrees that he/she will not participate in or make statements in or about this Consult to abuse, defame, harass, or threaten Heidi Brockmyre or Your Consultant (Michelle Siazon or Sandra McKay) or any other participants. Use of materials and/or information from this program for a competitive purpose is strictly prohibited.
9. Governing Law.
This Agreement shall be construed under and governed in accordance with the laws of the state of California.
10. Arbitration.
Any dispute arising under this contract shall be resolved under the commercial arbitration rules of the American Arbitration Association.
11. Entire Agreement.
This Agreement contains the entire understanding of the obligations of Heidi Brockmyre, L.Ac.. There are no other promises, agreements, warranties, or representations other those expressly stated in this Agreement.
12. If any provision of this Agreement is held to be invalid or unenforceable, all other provisions of this Agreement remain in full force and effect.
These Terms of Online Sales (“TO”), together with Heidi Brockmyre’s Participation Agreement (below), set out the terms and conditions that will apply when you purchase the Distant Fertility Consult from Heidi Brockmyre. If you are unable to understand, or have any questions about, these TOS please contact Heidi BEFORE completing your purchase. You will be required to confirm that you have read and accept these TOS before you complete your purchase.
Overview
These TOS do not affect your legal (statutory) rights under your applicable state laws relating to the sale of consumer product or services.
Order and Acceptance
Each online purchase submitted constitutes an offer to purchase an online program from us. Orders are subject to our acceptance and we may, at our discretion, refuse to accept your order, including where:
orders cannot be processed due to an error in information you have provided to us; there is an error on our site relating to the product or services that you have ordered, for example an error relating to the price or description of the product or service as displayed on our site; or the product or services that you have ordered are no longer available through our site.
We will, unless we suspect that your order was placed for fraudulent purposes, send you an email if we are unable to accept your order, informing you of the reason.
After we receive your order, you will receive an email from us confirming receipt of your order and you will be assigned a username and password. If you do not receive an email, contact us before you try to place another order for the same product or service.
If you have any questions, comments or concerns regarding our order acceptance policy, or if you consider that your order was rejected by us in error, please contact us.
Product or service availability
We will have the right, at any time, to make changes to information about product or services displayed on our site, for example information about prices, description or the availability of product or services and we may do so without first giving you notice of the changes. We will not, however, make any changes to the price, availability or description of any product or service after we have accepted an order to supply the product or service to you.
Prices and payment
The product or service price is always the price indicated on the website when you place your order. Payments are processed through our online payment processor.
Liability and Indemnification To the extent permitted by law, Heidi Brockmyre shall not be liable to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to this website including, but not limited to, loss or damage you might suffer as a result of: errors, mistakes or inaccuracies on the website; you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website; personal injury or property damage of any kind resulting from your access or use of the website; any unauthorized access to or use of the websites secure servers; any interruption or cessation of transmission to or from the website; any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or the quality or fitness for any purpose of any linked sites.
You will at all times indemnify Heidi Brockmyre, including her directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.
Personal information
Our collection and use of your personal information will be carried out subject to the terms of our Privacy Policy.
General terms This TOS Agreement is governed by and shall be construed in accordance with the laws of the State of California, U.S.A., without reference to its conflict of law provisions.
Entire agreement
This TOS Agreement constitutes the entire agreement between Heidi Brockmyre and you with respect to your purchase of product or services from this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Heidi Brockmyre with respect to this website.
A printed version of this Terms of Sale Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Terms of Sale Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this website, at any the point in which you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, or when you enter your credit card information to complete your purchase, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature
PARTICIPATION AGREEMENT
DISCLAIMER
Client understands that Heidi Brockmyre or Your Consultant (Michelle Siazon or Sandra McKay) (herein referred to as “Consultant” or “Heidi”), is not an agent, lawyer, doctor, manager, therapist, registered dietician, or psychotherapist for Client. Client also understands that their participation in this Program will not prevent, treat or diagnose any disease, illness (mental or otherwise), or ailment and if they should experience any such issues they should see their registered physician, psychotherapist, or other practitioner as determined by their own judgment.
Client understands that Consultant has not promised, shall not be obligated to and will not deliver any guaranteed outcomes as a result of following the recommendations set forth in the Program. Client should make their own lifestyle decisions based on their own personal goals, objectives and desires. The information provided in this Program is not intended as medical advice and should not be used as a substitute for medical advice. All information provided is based on the research, knowledge and experience of Consultant and should be followed at Client’s discretion.
Client further understands that a relationship does not exist between the parties after the conclusion of this Program. If the Parties decide to continue their relationship, a separate agreement will be entered into.
FEES
The product or service price is always the price indicated on the website when you place your order. Payments are processed through our online payment processor.
CONFIDENTIALITY
Heidi respects Client’s privacy and insists that Client respect Consultant’s privacy. Any Confidential Information shared by Participants or any representative of Heidi is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, or otherwise.
Client agrees not to use such confidential information in any manner other than in discussion with other Participants during the Program and Facebook Group. Confidential information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.
Both Parties will keep confidential information in the strictest confidence and shall use the best efforts to safeguard the confidential information and to protect it against disclosure, misuse, espionage, loss and theft.
Client agrees not to violate Consultant’s publicity or privacy rights. Furthermore Client will NOT reveal any information to a third party obtained in connection with this Agreement or Consultant’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party Consultant titles or positions, phone numbers or addresses. Additionally, Consultant will not, at any time, either directly or indirectly, disclose confidential information to any third party.
Further, Client fully understands that any violation or a display of any likelihood of violating this section, shall entitle Consultant to injunctive relief to prohibit any such violations to protect against the harm of such violations.
NON-DISCLOSURE OF PROGRAM
Material given to Client in the course of Client’s participation in the Program is proprietary, copyrighted and developed solely and specifically for Consultant. All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made are for personal use in or in conjunction with this Program. Original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure, reproduction and sale by Client to a third party is strictly prohibited. Program content may not be sold, tape-recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Heidi Brockmyre.
NO TRANSFER OF INTELLECTUAL PROPERTY
The Program is protected by copyright and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Heidi’s intellectual property for any purpose other than Client’s own personal use. All intellectual property, including Heidi’s copyrighted Program and Facebook Group and/or course materials, shall remain the sole property of Heidi Brockmyre. No license to sell or distribute Heidi’s materials is granted or implied. By signing below, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by Heidi is confidential and proprietary, and belongs solely and exclusively to Heidi, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with Heidi.
CLIENT RESPONSIBILITY
The Program is developed strictly for educational and informational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Heidi makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the Program and Facebook Group, the results experienced by each Participant may significantly vary. Program and Facebook Group information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Heidi assumes no responsibility for errors or omissions that may appear in any Program and Facebook Group materials.
SEVERABILITY/WAIVER
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
MISCELLANEOUS
LIMITATION OF LIABILITY. Client agrees that their use of Heidi’s Program and Facebook Group is at their own risk and that the Program and Facebook Group is only an informational and educational service being provided. Client releases Heidi, her members, officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities (“Releases”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from participation in the Program and Facebook Group. Client accepts any and all risks, foreseeable or unforeseeable.
Client agrees that Heidi will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Heidi’s services or enrollment in the Program and Facebook Group.
NON-DISPARAGEMENT. The parties agree that neither Heidi nor Client will engage in any conduct or communications with a third party, public or private, designed to disparage the other.
Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Consultant or any of its Program, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.
MODIFICATION. Heidi may modify the terms of this agreement at any time. All modifications shall be posted on www.heidibrockmyre.com and Program and participants shall be notified.
TERMINATION. Heidi is committed to providing all clients in the Program and Facebook Group with a positive Program and Facebook Group experience. By signing below, Client agrees that Heidi may, at her sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program and Facebook Group without refund if Client becomes disruptive to Heidi or Participants, Client fails to follow the Program and Facebook Group guidelines, is difficult to work with, impairs the participation of the other participants in the Program and Facebook Group or upon violation of the terms as determined by Heidi.
INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Heidi, Heidi’s members, officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Heidi. Client shall defend Heidi in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of Heidi’s members, shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of Heidi.
RESOLUTION OF DISPUTES. Any dispute arising out of this Agreement must be brought and decided in the United States federal court in the State of California.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America.
CONTACT. Any questions or concerns related to this Agreement should be sent to support@heidibrockmyre.com.