Terms of service.

Terms & Conditions

Please read these Terms & Conditions carefully and in their entirety before using thecultivatedroot.com, hereinafter referred to as the “website” or “Site”). 

The Site and its content are owned by Heather dosRemedios, The Cultivated Root.

PURPOSE: These Terms & Conditions are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing this Website and/or purchasing or downloading any course, program, service, or product offered on or by me or the Website.

 IMPORTANT NOTES: By using the Site in any capacity, you voluntarily agree to these Terms & Conditions. You agree that you have read, understood, and consented to these Terms & Conditions. If you have any questions, please contact me at hello@thecultivatedroot.com

 You must be at least 18 years old and be able to consent to these Terms & Conditions. If you are under the age of 18, or you do not agree with these Terms & Conditions as stated herein, stop reading now and do not use this Website or its Content. By using this Website in any capacity, you wholeheartedly agree to the Terms & Conditions as stated herein, regardless of whether or not you have read these Terms & Conditions.

 These Terms & Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms & Conditions, you agree to the Arbitration Clause and voluntarily waive your right to a jury trial.

 By proceeding on the Site, you hereby agree to the following:

 1. Definitions:

“We”, “I”, “My”, “Our”, or “Us” means Heather dosRemedios and my website, thecultivatedroot.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 dosRemedios, The Cultivated Root and/or thecultivatedroot.com and any and all written or downloadable material purchased, viewed, or otherwise offered by Heather dosRemedios and/or on thecultivatedroot.com including, but not limited to, blog posts, graphics, newsletters, designs, documents, information, videos, 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, birthday, etc.

 “Site, Courses, Services, and/or Products” means thecultivatedroot.com, Content (as defined herein), email list/newsletters, social media posts, blog posts, courses, nutritional therapy services, guides, eBooks, forms, worksheets, workbooks, webinars, website materials, videos and/or templates available on the Site.

 “Site”, “Website” means thecultivatedroot.com and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.

 “You” or “Your” means the user, customer, client, or viewer of the Site.

 2. Rules

By using this Website and/or making any Purchase, you hereby agree & 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

3. Disclaimer

By using the Site, you agree to have read the disclaimer provided on this Site and you understand that Heather dosRemedios is a certified Nutritional Therapy Practitioner. I am not a dietitian, therapist, or licensed medical professional, and therefore you need to discuss and clear any and all changes to your lifestyle, food and supplement intake, exercise regimen, or medical treatment with your physician before implementing changes or habits suggested by me or on this Website. You must discuss any and all changes to your diet, exercise regimen, supplements, medications, or lifestyle with your physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to your lifestyle. Our Content is for informational and educational purposes only.

4. Your Consent

 By using this Site, or Purchasing or Downloading from our Site, Courses, Services, and/or Products, you implicitly and voluntarily agree to these Terms & Conditions as stated herein.

 5. Changes

We reserve the right to change, amend, or alter these Terms & Conditions at any time without notice to you. When changes are made to these Terms & Conditions, we will update the “Updated on” date at the bottom of this page. If you do not agree with these Terms & Conditions, do not use our Website, read or implement its Content, or Purchase or Download anything from us.

6. Intellectual Property

The Site and all of its Content are intellectual property solely owned by Heather dosRemedios, The Cultivated Root. 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.

7. My Limited License to You

If you view, access, or Purchase the Site, Courses, Services, and/or Products, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site, Courses, Services, and/or Products have been written, created, drafted, invented, researched, and developed by me after a significant investment of time, money, and education. The Site, Courses, Services, and/or Products are invaluable and important to me, both professionally and personally, and I take the protection of my Website, Courses, Services, and/or Products seriously.

You may not use my Website, Courses, Services, and/or Products in any manner that is unauthorized, improper, against these Terms & Conditions or Privacy Policy, or which violate U.S. intellectual property laws unless authorized by me in writing beforehand.

 8. Your License to Me

By commenting on the Site, or submitting any information or documents to Heather dosRemedios via contact form, email, or any social media outlet, you agree that you are the lawful owner of said documents, statements, and/or information they contain. You grant me a license to use your comments or submissions in any way I see fit, as it relates to our business purposes.

9. Sharing, Access, and Purchasing 

During your use, Purchase, and/or Download from the Website, Courses, Services, and/or Products, you agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms & Conditions. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently, or otherwise, share or distribute materials, including, but not limited to, protecting your password (if any) to the Site to access your Purchase or Download. Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.

You must request and receive written permission by email hello@thecultivatedroot.com before sharing my Site and its Content for commercial purposes. You may share the site for personal purposes, but I ask that you link directly to the Site. You are required to give me 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 The Cultivated Root.

 10. Your Release

By using the Site or Purchasing, Downloading, or using Heather dosRemedios’ Website, Courses, Services, and Products, you agree to release, forgive, and forever discharge Heather dosRemedios and The Cultivated Root, 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.

 11. Errors & Omissions

Efforts are made to provide up-to-date and accurate information on my Site and services. However, due to the complexity of the issues covered, Heather dosRemedios 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 my services is accurate and up-to-date.

12. Refund Policy

I will do everything within my ability, within reason, to ensure your satisfaction. Refunds will not be issued for client services already rendered, packages that have expired or products already purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Heather dosRemedios at hello@thecultivatedroot.com

 13. Payment & Purchases

 When you Purchase or Download one of my Services, Courses, and Products from me or the Website, you may pay by Credit Card. By doing so, you give Heather dosRemedios, The Cultivated Root, permission to automatically charge your credit card for payment. You will receive an electronic receipt following your Purchase, which you should retain for your own records. 

 If your payment method fails or is declined, you will be removed, or canceled from, having access to said Courses, Services, and Products. 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.

 14. Limitation of Liability

 WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 15. Indemnity

 You agree to defend, indemnify, and hold the Website, its owners, members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which we suffer as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Disclaimer (including representation or warranty); or, (iii) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

16. Arbitration

 This Disclaimer will be governed and construed in accordance with the laws of the State of Texas. Any controversy or claim arising out of or relating to the Disclaimer, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction therein. The place of any such arbitration shall be in or near Houston, Texas. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

 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 Texas. The only award that can be issued to you is a refund of any payment made to Heather dosRemedios, The Cultivated Root, for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.

17. Termination of Use

 At my sole discretion, I am permitted to terminate your use or access to the Site, Courses, Services, and/or Products, and Purchases/Downloads if you abuse, violate, or breach any of these Terms & Conditions, Privacy Policy, Disclaimer, or any other terms to which you have agreed to.

  18. Entire Agreement

These Terms & Conditions, Privacy Policy, and Disclaimer constitute the entire agreement between you and I with respect to the Site, Courses, Services, and/or Products, and they supersede all prior or coexisting communications and proposals, whether electronic, oral, or written, between you and I with respect to the Site, Courses, Services, and/or Products.

19. Severability

The provisions of these Terms & Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms & Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.

20. Privacy Policy

Please read my Privacy Policy for how I handle your personal information.

21. Disclaimer

Please read my Disclaimer before utilizing this Site in any manner.

22. Contact

 If you have any questions or concerns regarding these Terms & Conditions, you may contact me by email hello@thecultivatedroot.com

 

Last updated: December 29, 2020