Please read these Terms and Conditions carefully and in their entirety before using Reviveandthrivewellness.com, (hereinafter referred to as the “Site”). The Site and its content are owned by Heather T Procknal.
PURPOSE: These Terms and Conditions are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or purchasing or downloading any course, program, service, or product offered on or by me or the Site.
PLEASE NOTE: By using the Site you agree that you have read, understood, and consent to these Terms and Conditions. If you have any questions, please contact Heather T Procknal at Heather@reviveandthrivewellness.com
You must be at least 18 years old and be able to consent to these Terms and Conditions. If you are under the age of 18, or you do not agree with these Terms and Conditions as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to the Terms and Conditions as stated herein, regardless of whether or not you have read these Terms and Conditions.
These Terms and Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms and Conditions, you agree to the Arbitration Clause in Paragraph No.18 and voluntarily waive your right to a jury trial.
By proceeding on the Site, you hereby agree to the following:
“Company”, “We”, “I”, “Our”, or “Us” means Revive and Thrive Wellness, LLC and the website, www.Reviveandthrivewellness.com.
“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from Heather T Procknal, and/or www.Reviveandthrivewellness.com, and any and all written or downloadable material purchased, viewed, or otherwise offered by Revive and Thrive Wellness, LLC and/or on www.Reviveandthrivewellness.com, including, but not limited to, blog posts, graphics, newsletters, designs, documents, information, templates and materials.
“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, etc.
“Purchase” means items that are bought through the site, including, but not limited to e-books, products, coaching packages, etc.
“Site, Courses, Services, and/or Products” means www.Reviveandthrivewellness.com, Content (as defined herein), email list/newsletters, social media posts, blog posts, courses, coaching services, guides, eBooks, forms, worksheets, workbooks, webinars, website materials, and/or templates available on the Site.
“Site” means www.Reviveandthrivewellness.com and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.
“You” or “Your” means the user, customer, or viewer of the Site.
3. Site Rules:
By using the Site and/or making any Purchase, you hereby agree and consent NOT to:
- Abuse or harass any person through or on the Site.
- Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.
- Use the Site in any way or for any purpose which violates any law of the United States and the jurisdiction in which you use the Site.
- Post or transmit any “spam” or unwanted, unsolicited content.
- Post copyrighted materials, photographs, or content which do not belong to you.
- Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.
- Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.
By using the Site, you understand that Heather T Procknal is a Certified Health and Wellness Coach. She is not a nutritionist, therapist, or licensed medical professional, and therefore any and all changes to your lifestyle, dietary changes, supplement recommendations, exercise regimen, or medical treatment should be discussed with your physician or a licensed medical professional before implementing changes or habits suggested by her.
The Content provide on this Site is for informational and educational purposes only, and is based on her personal experience.
5. Your Consent To These Terms And Conditions:
By using this Site, or Purchasing or Downloading from this Site, Courses, Services, and/or Products, you implicitly and voluntarily agree to the Terms and Conditions as stated herein.
6. Changes to These Terms and Conditions:
We reserve the right to change, amend, or otherwise alter these Terms and Conditions at any time without notice to you. When changes are made to the Terms and Conditions, we will update the “Updated on” date at the bottom of this page. If you do not agree with these Terms and Conditions, please do NOT use our Site, read or implement its Content, or Purchase or Download anything from us.
7. Links To Third-Party Or External Websites:
DISCLAIMER: I may use affiliate/referral links from time-to-time. This means if you make a purchase from one of these links we may receive a small commission on the sale. Please note that you pay no additional fee when purchasing through an affiliate link. Your purchase through my website will support Revive and Thrive Wellness, LLC.
8. Intellectual Property Ownership:
The Site and its Content are intellectual property solely owned by Revive and Thrive Wellness, LLC. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
9. Our Limited License To You:
10. Your License To Us:
By commenting on the Site, or submitting documents to Revive and Thrive Wellness, LLC via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant me a license to use your comments or submissions in any way we see fit, as it relates to our business purposes.
11. Purchase And Access Terms:
During the course of your use, Purchase, and/or Download from the Site, Courses, Services, and/or Products, you agree and understand that you cannot distribute, copy, forward, and/or share information, including your password (if any) to the Site is prohibited by these Terms and Conditions. Any violations of these Terms and Conditions will be legally pursued to the fullest extent permitted by law.
12. Sharing The Site And Its Content:
You must request and receive written permission by email before sharing our Site and its Content for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the Site. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. Since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. You may not make any claims that you are in any way associated with Revive and Thrive Wellness, LLC.
13. No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each client and her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
14. Disclaimer – No Warrantees, Guarantees, Or Representations Are Being Made:
The Site, Courses, Services, and/or Products, and/or your Purchases or Downloads are offered “AS IS” and without warranties of any kind, neither express nor implied. To the full extent permissible by applicable law, we disclaim all warranties, express or implied. We will not be liable for any damages of any kind arising from the use of this website, including but not limited to direct, indirect, incidental, equitable, punitive and/or consequential damages.
15. Your Release Of Us:
By using the Site or Purchasing, Downloading, or using Revive and Thrive Wellness, LLC Courses, Services, and Products, you agree to release, forgive, and forever discharge Revive and Thrive Wellness, LLC, its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.
16. Errors And Omissions:
Every effort is made to provide up-to-date accurate information both on the Site and through our services. However, Revive and Thrive Wellness, LLC does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up-to-date.
17. Our Refund Policy:
Refunds will not be issued for Courses, Services, and/or Products already rendered and/or purchased.
Coaching Sessions may be cancelled and refunded up to 50% of the total cost only with written notice to email@example.com at least 14 business days in advance of the scheduled session.
18. Arbitration Clause:
If you have any complaint or should any issue arise in the use of the Site or Revive and Thrive Wellness, LLC Courses, Services, and/or Products, please contact us directly by emailing Heather T Procknal at firstname.lastname@example.org
If we are unable to resolve your dispute, you agree that you and Revive and Thrive Wellness, LLC shall submit your dispute to binding arbitration with the American Arbitration Association, in accordance with the American Arbitration Association’s (“AAA”) rules.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 25 miles of Wilmington, NC and within New Hanover County.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of North Carolina. The only award that can be issued to you is a refund of any payment made to Revive and Thrive Wellness, LLC for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.
19. Consent To Governing Law:
These Terms and Conditions, and any dispute arising out of it, shall be governed by the laws of the State of North Carolina and New Hanover County.
20. Consent To Jurisdiction:
21. Consent To Service:
You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of North Carolina for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of North Carolina.
22. Payment And Purchases:
When you Purchase or Download one of our Courses, Services, and Products from us or the Site, you may pay by PayPal. By doing so, you give Revive and Thrive Wellness, LLC permission to automatically charge your credit card for payment. You will receive an electronic receipt following your Purchase, which you should retain for your records.
If you elect the installment or “pay over time” option at checkout, you agree that Revive and Thrive Wellness, LLC has permission to automatically charge, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout.
If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our Courses, Services, and Products. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your Purchase.
We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Purchase or Download of our Courses, Services, and Products, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.
Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.
You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.
23. Limitation of Liability:
Revive and Thrive Wellness, LLC and/or Heather T Procknal is not responsible or liable in any way for any and all damages you receive directly or indirectly from your use, Purchase, or Download from our Site, Courses, Services, and/or Products. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for such service or product.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
24. Defense And Indemnification:
25. Termination Of Your Use:
26. Entire Agreement:
The provisions of these Terms and Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms and Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no affect on these Terms and Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.
28. Your Privacy And Security On The Site:
If you have any questions or concerns regarding these Terms and Conditions, you may contact us using the following information:
Email: Heather T Procknal at email@example.com
Business Location: Wilmington, NC