Whole-istic Living

The COMPLETE GUT REPAIR ROADMAP GROUP PROGRAM:

TERMS & CONDITIONS

TERMS OF PARTICIPATION

Please read carefully. By purchasing this product, the following Terms and Conditions are entered into by Whole-istic Living, LLC (“Company”, “we”, or “us”) and You (“Client” or “You”) agree to the follow terms stated herein.

PROGRAM/SERVICE

Whole-istic Living, LLC (herein referred to as “Whole-istic Living, LLC” or “Company”) agrees to provide Program, “The Complete Gut Repair Roadmap Group Program” (herein referred to as “Program”) identified in online commerce shopping cart. 

As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

As part of the Program, the Company shall provide the following to Client:

   A.   12 weekly live and recorded Zoom group video Q&A / coaching calls, with recordings provided afterwards.

   B.   Lifetime Access to supplemental education materials & online learning vault modules, to be hosted on Thinkific platform (but may be subject to change over time).

   C.   Access to private online dispensary (FullScript) with discount of 25% off all products during and after Program.

   D.  Virtual Support between Meetings (via Healthie, Thinkific and the free Quantum Shift private group forum, “Complete Gut Repair Nutrition Warriors) – During Normal Business Hours (Client may post questions in either of these platforms and will receive response from Company within 24 hours or less, Monday through Friday).

E - a 1:1 90 minute consultation with Jenna Volpe

F - a functional nutrition gut health test (mutually agreed upon by myself and Jenna depending on my treatment plan)

• I agree that if I have GENERAL questions and updates pertaining to nutrition, herbs, recipes, supplements, or health, I will post these questions and updates in the group forum so that other members may benefit from the Q&A.
• I understand this monthly membership does not entitle me to 1:1 consultation and support unless I am enrolled in a separate 1:1 program that covers this level of support.
• I agree to post and share only relevant and appropriate questions and updates in the private group forum and Zoom calls. Should I inquire or share about anything verbally or written that is deemed inappropriate or offensive in any way, I understand that Company has the right to remove my access to the group forum and coaching calls, and to suspend my access to Program. 

  E.  The opportunity to work with Jenna 1:1 a-la-carte (session by session) or by upgrading to a 1:1 program, only if openings are available.

  F.  Referrals out to practitioners for 1:1 work as needed based on what’s in Client’s best interest.

  G.  Client may also be offered a monthly membership for group support which would have a separate monthly membership fee for people to participate.
  

DISCLAIMER

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program.

Client understands Jenna Volpe, RDN, LD, CLT (herein referred to as “Clinician”) and Whole-istic Living, LLC (Company), is not a medical doctor, psychotherapist, personal trainer, or pharmacist. Client understands that Clinician and Company have not promised, shall not be obligated to and will not; (1) procure or attempt to procure or replace medical treatment for Client; (2) provide any pharmaceutical recommendations (3) act as a therapist providing psychoanalysis, psychological counseling to replace a Licensed Mental Health Counselor (LMHC); (4) act as a personal trainer; (5) diagnose Client with a medical condition of any kind. 

FEES

 In consideration of Your access to the Program, you agree to pay the following fees.

You may choose between a single payment of $1,497.00 (due immediately) or 3 monthly payments of $567..

 If you have elected to pay for the 3-month Program enrollment in full, you can pay in one payment of $1497.. 

• If you select the payment plan, you must pay the initial payment of $567 at the time of Program enrollment, and then your selected payment method will be automatically charged the following 2 payments on a monthly basis, for a total payment of $1701. 
• If you opt for monthly payments, you will remain responsible for those payments. You may not cancel or avoid these payments. In the event that any payment is not made, the Company shall immediately suspend your access to the Program. 
  1. COLLECTION AGENCY POLICY:: Please note any failed payments left unpaid after 90 days of due date will be forwarded to the company’s Collection Agency.   
     • If unpaid payments due are sent to the Collection Agency, an additional 40% mark-up fee will apply in order to cover the cost of the associated collection service fees.
• Please note any fees associated with any nutrition/herbal supplements, 1:1 services rendered, or lab testing recommended by Clinician are not included in the program investment.
• Health Insurance Coverage: The Company accepts two health insurances (Blue Cross Blue Shield of Massachusetts, and Harvard Pilgrim Healthcare) for reimbursement for some 1:1 clinical nutrition services but not for any group program services.

METHODS OF PAYMENT

If You elect for the payment plan, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.

Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your program access will be removed.

Whether or not you take full advantage of the entire program, you are required by law to complete the remaining payments of your payment plan and you understand that your membership will automatically continue and you authorize the Company to collect any and all outstanding receivables, using any eligible payment method we have on record for your account. 

Collection Agency: If payments are not made within 90 days after due date, and Client is not responding to Company’s prompts, The Company would then proceed to hire the collection agency which requires a 40% collection fee paid by the Company, which would increase the Client outstanding balance by an additional 40%.

WHOLE-ISTIC LIVING, LLC – “NO REFUND” POLICY

Due to the nature of these services, the Company is not able to offer refunds once Client has purchased the Program and content has been released. 

Client understands this provision, and agrees that he or she is not entitled to a refund once payment has been issued to the Company.

 Client further agrees and understands that changing his/her mind about the Program, failing to follow through or understand the details of the Program, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle him/her to a refund.

Client is responsible for showing up to appointments and group calls as scheduled, and accessing educational curriculum content. Client may also access recordings of the group calls for future reference. Client may post any questions in advance that he/she would like to be addressed on the call if Client can’t make it live.

CONFIDENTIALITY

This Agreement is considered a mutual non-disclosure agreement, meaning both Client and Company agree not to disclose, reveal, or make use of any confidential information learned by Clinician or Client during discussions, coaching calls, calls, emails, or otherwise. 

Client and Clinician agree that the responsibility to refrain from disclosing or sharing any and all Confidential Information learned as a result of Client working with Clinician and fellow group members shall survive the expiration of this Agreement and Clinician’s services. This means Client and Clinician both agree to continue to keep Confidential Information private, even after the completion of working together.

NO TRANSFER OF INTELLECTUAL PROPERTY

Client agrees and understands that Clinician has created numerous original, creative works in connection with the Program, and agrees that Clinician maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, tutorial videos, trade secrets, guides, and any other original work created by Clinician. 

Client agrees he/she may be granted a limited right to use selected materials in the course of his or her own health and healing journey, but understands that the rights remain with Clinician. 

Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Clinician to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.

Client agrees and understands he/she is NOT to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Clinician or obtained through working with Clinician, without Clinician expressing written consent. If such behavior is discovered or suspected, Clinician reserves the right to immediately end your participation in the Program without refund, as well as access to any program or materials, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.

LICENSEE RIGHTS: CLINICIAN’S LIMITED LICENSE TO CLIENT

Client understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by Clinician as she sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferable license to read and apply the information and guidance provided for use in his/her life, as instructed or allowed by Clinician. As a “Licensee,” Client understands and agrees that Client will not: 

   i. Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Clinician;

   ii. Post, distribute, copy, steal or otherwise use any portion of the Program or its content without written permission by Clinician, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.

   iii. Share purchased materials, information, content with others who have not purchased them.

   iv. Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.

INDEMNIFICATION

Client agrees at all times to defend, fully indemnify and hold Clinician and any affiliates, fellow group members, colleagues or other party associated with Clinician harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should Clinician be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Coach’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Clinician, free of charge.

FORCE MAJEURE

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

SEVERABILITY/WAIVER

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

MISCELLANEOUS

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.

The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program. for errors or omissions that may appear in any of the program materials.

ASSIGNMENT

Client may not assign this Agreement without express written consent of Company.

MODIFICATION

Company may modify terms of this agreement at any time. All modifications shall be posted on Whole-istic Living’s website and Clients shall be notified.

TERMINATION

The Company reserves the right, in its sole discretion, to terminate access to the Program and the related services or any portion thereof at any time, if Client becomes disruptive/abrasive to the Clinician or if Client otherwise violate this Agreement. Client shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

RESOLUTION OF DISPUTES

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Woburn, MA and Austin, TX.

If you require further clarification, please contact [email protected]

© Whole-istic Living, LLC

Last updated: February 6, 2022