Digital Course/Digital Product Purchase Terms & Conditions
1. User’s Acknowledgment & Acceptance of Terms
BY COMPLETING YOUR PURCHASE, YOU ARE CONSENTING TO THESE TERMS AND CONDITIONS:
Throughout these Terms, “we”, “us”, and “our” refer to The Vital Elm, LLC dba Thrive As A Wife™ (formerly The Detox Diaries Collective). Thrive As A Wife offers this Digital Course/Digital Product, including all content, information, products, resources, downloads, tools, and services available from this Site to you, the User, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. The terms “user,” “you” and “your” refers to Site visitors, customers, and any other purchaser of the course(s) and/or digital products.
By visiting this site and/or purchasing a digital product from this site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms of Use”, “Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced here and/or available by hyperlink. These Terms apply to all users, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms carefully before purchasing and accessing the Digital Course/Digital Product. By accessing or using any part of the Site/Service, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this Agreement, then you may not access the course, digital product, website, or use any services. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our platform/course hosting platform/website. It is your responsibility to check the appropriate page periodically for changes. Your continued use of or access to the Digital Course/Digital Product following the posting of any changes constitutes acceptance of those changes.
2. PURCHASE TERMS & REFUND POLICY
(a) By agreeing to these Terms, you represent that you are at least the age of majority in your state, jurisdiction, or province of residence and you have given us your consent to allow any of your minor dependents to use this Site, if applicable. Children under the age of 18 are prohibited from using the Site and Digital Course/Digital Product without a parent or guardian’s consent.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site and/or Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You agree to not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of these Terms will result in an immediate termination of your Services.
(b) Refund Policy. The only refunds that will be issued are if the conditions under section “12(b) Guarantees,” of this document, are met, pertaining to positive test results. Due to the digital nature of our products, we do not offer refunds after purchase for any other reason. You agree that no pauses or suspensions in payment will be made once this agreement is signed. If you move, decide to stop your participation, determine that you would not like to be in the program anymore, or anything else, no pauses or cancellations will be made to payments. Due to the personal time commitment of coaching, the Company does not offer refunds on sales. Deposits will not be refunded for any reason. Any pauses and suspensions are at the sole discretion of The Vital Elm, LLC.
(c) Payment Plans. If you have selected a payment plan option, you understand and agree that all payments are to be made on time based on agreement at the time of purchase. If selected, you understand that any payment plan offered is NOT a subscription or monthly membership. If there is delay in payment under the payment plans, Company reserves the right to bill you a late fee of 2% each week, based on the remaining balance due under the payment plan. We reserve the right to revoke access to the Digital Course/Digital Product in the event of nonpayment. You understand that regardless of any default, attempt to request a refund or terminate your purchase after accessing the product(s), you remain responsible for any remaining payments in the payment plan.
(d) You agree to not dispute any purchase charges with your financial institution at any time. In the event that you inadvertently dispute a charge made to your account in connection with a purchase made through this website, you agree to immediately cancel/withdraw such a dispute. You understand that disputing a charge through your financial institution is a violation of this Agreement and you agree to not do so. You are responsible for any fees, including attorneys' fees, associated with recouping payment on outstanding payment and/or disputes and any collection fees associated with such an event. We reserve the right to forward any default on payment to a collection’s agency.
3. GENERAL CONDITIONS
(a) License Terms. Company agrees to provide access to the Digital Course/Digital Product, “Thrive As A Wife,” formerly known as “The Detox Diaries Collective” (herein referred to as “Digital Product/Course” “Course” “Product” “Digital Product”) as outlined on the original web page where You register, which may include digital or downloadable resources, an online course, trainings online in private forums operated by Company (for any purpose), whether on a website hosted by Company or a third-party website such as an online course-hosting platform.
As a condition of purchasing access to the Digital Course/Digital Product, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
Company may periodically make updates to the core content of the Digital Course/Digital Product, and you will have access to updated materials for as long as your license term of 7 months is valid, and Company continues to offer the Digital Product/Course to its customers.
From time to time, the Company may offer bonuses to individuals who sign up for the Digital Course/Digital Product. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the program and they vary depending on specific campaigns or promotions throughout any given year.
(b) You expressly agree not to sell, resell, publish, reproduce, duplicate, copy, or exploit any portion of this Digital Course/Digital Product, the Service provided, the Products provided, use of the Service/Products, or access to the Service/Products, or any contact on the website through which the service/products are provided, without express written permission by us.
You also agree to not input or make available the content of this Digital Course/Digital Product to any artificial intelligence (A.I.) machine or platform used to produce content of any kind. Doing so is considered infringement and is prohibited under this Agreement.
We are not responsible if information made available on this Site or within the Digital Course/Digital Product is not accurate, complete, updated, or current. The material on this site is provided for general informational purposes only and should not be relied upon or used as the sole basis for making decisions, related to your business, health, finances, or otherwise, without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site or within the purchased Digital Course/Digital Product is at your own risk. We reserve the right to modify the contents of this site and within the Digital Course/Digital Product at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site or digital courses/products.
(c) You understand that the information presented in any course, resource, product, or program via this Site is not legal, financial, therapeutic, mental healthcare or medical advice and Company is not a law firm. All of the information provided throughout the Site and Digital Course/Digital Product, including the resources delivered via phone/video conference, e-mail, in an online forum, live events including webinars and video/audio recordings educating about business, laws, health, wellness, and/or finance-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. You understand that Company does not and will not provide any form of diagnosis, cure, prevention, treatment, legal advice, medical advice, financial advice, or mental health advice. If at any time Client needs medical, and/or psychological treatment, it is Client’s responsibility to seek it out. In the case of medical emergencies, the Client will reach out to professional emergency medical services and not the Company.
We are committed to providing all participants with a positive experience. Thus, the Company, may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, social-based, or digital without refund or forgiveness of remaining payments if: You become disruptive or difficult to work with; You fail to follow the program guidelines; or You impair the participation of our coaches, instructors, teachers, or participants in our program(s). The Company reserves the right to refuse service and terminate accessibility to the product(s) to anyone for any reason at any time.
You understand that your information (not including payment or credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment and credit card information is always encrypted during transfer over networks.
(d) Third-Party Links. This Digital Course/Digital Product may contain references or links (including affiliate links) to materials from third-parties of which Company may benefit monetarily from. Reference to any third-party products, services, websites, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or any formal affiliation with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party services, materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
4. ACCOUNT CREATION
In order to use the Site and/or any products purchased, you may be required to provide information about yourself including your name, email address, username, password, and other personal information. You agree that any registration information you give to Thrive As A Wife will always be accurate, correct, and up to date. You agree to not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site and/or any products purchased, violate any laws in your jurisdiction. In the event that your account is compromised, you agree to notify us in writing (via email) immediately and change your password. Any violation of these terms are grounds for removal and banishment from the Site at our discretion. No refunds, partial or otherwise, will be provided in this type of situation.
5. LAWFUL PURPOSES
You may use the Site and/or any products purchased for lawful purposes only. You agree to not post or transmit through the Site any material which violates or infringes the rights of others, or which is discriminatory, harmful, racist, unethical, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. Doing so is grounds for termination of service, at our discretion. No refunds, partial or otherwise, will be provided in this type of situation.
Infringement Notification. Thrive As A Wife respects the rights of others and we expect users of our Sites, Products, and Services to do the same. This Agreement prohibits the infringement of the copyrights of others, and it is also Company’s policy that Company may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.
How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our online forum or Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email or regular mail to Thrive As A Wife by both of the following means:
Email: hello@thevitalelm.com
Address: 18018 Overlook Loop Ste. 105 #443, San Antonio, TX 78259
In any such notice, please include sufficient information to address the items specified below:
Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit The Vital Elm, LLC to locate the material.
Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing.
Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
Include details of your claim to the material, or your relationship to the material’s copyright holder.
Provide your full name, address, and telephone number should we need to clarify your claim.
Provide a working email address where we can contact you to confirm your claim.
If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
Sign the document, physically or electronically.
6. ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible: hello@thevitalelm.com
7. PRODUCT DESCRIPTION
We endeavor to describe and display the Site and/or any products available for purchase as accurately as possible. While we try to be as clear as possible in explaining the content of our products, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
8. PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Digital Course/Digital Product, Site or Service will be corrected.
9. PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our full Privacy Policy, visit: www.thevitalelm.com
10. OUR INTELLECTUAL PROPERTY
This Site and Service contain intellectual property owned by The Vital Elm, LLC including, but not limited to, trademarks, copyrights, proprietary information and other intellectual property as well as the Thrive As A Wife or The Detox Diaries Collective name, logo, any and all designs, text, graphics, digital products, other files, and the selection and arrangement of such. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works based on, distribute, display, reproduce, or perform, or in any way exploit in any format whatsoever any of the Site, Service Content, Course and Program Materials, or other intellectual property, in whole or in part without our prior express and written consent. We reserve the right to immediately remove you from the Site and/or any products purchased, without refund, if you are caught violating this intellectual property policy.
(a) Thrive As A Wife, The Detox Diaries Collective, and The Wilted to Well Method are exclusively owned by The Vital Elm, LLC.
(b) No Resale Permitted. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site and/or products purchased via the Site (including educational or informational materials), use of the purchased materials/products, or access to any course or products purchased. This agreement and all product(s) purchased are not transferrable or assignable without the Company’s prior written consent.
(c) You agree to not share access to the digital product(s) purchased or other proprietary materials with others. This includes parties that have not purchased the products, or any other third-party that Company has not authorized access to.
11. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services and products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Digital Course/Digital Product (or any part or content provided) without notice at any time. If discontinued within sixty (60) days of your purchase, Company agrees to provide a refund.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Product/Service.
12. GUARANTEES
(a) The client is guaranteed to increase their energy levels by 125% (on a scale of 0-10, using whole numbers, rounded to the nearest 0.5 value), by the end of the 7 month program duration. If this condition is not met, then the Company will continue to work with the client until energy levels reach 125%, or for a maximum of an additional 2 months. If 125% of the Client’s energy levels at the beginning of the program, as indicated on the Intake Questionnaire, exceeds the numerical value of 10, then this Guarantee in this section, Section 12(a), does not apply to the Client and the program length for the Client will end after a period of 7 months.
(b) The client is guaranteed to have at least one positive result within all the testing sections selected by Company for the Client. A positive result can be from either the infections or toxins section. If there is not at least one positive result, then the Company will allow the Client the option to terminate participation and access to the Program. Additionally, if initial payment by the Client was paid in full in a one time payment, 50% of the payment will be returned, provided the client has not had access to the Program for more than 3 months (90 days) from the date of this signed document. If the Client entered into the Program on a payment plan, then no money will be returned, but all future payments will be stopped and the Client will not be held responsible for any future payments. The Client can alternatively choose to continue in the program even if there are no positive results; if the Client chooses to continue in the Program, then the Client will be responsible for all future payments until the remainder of all payments on the payment plan is completed, and there will be no refunds after the decision to continue in the Program.
A positive result is defined as:
As it pertains to the infections section, is defined by any result that results in a yellow result according to the final laboratory report
As it pertains to the toxins sections, is defined by any result that is at or above the 50th percentile marker
The Guarantees as outlined in 12(a) and 12(b) are separate to each other. The guarantee outlined in section (a) does not apply to the condition of section (b), and the guarantee outlined in section (b) does not apply to the condition of section (a). There will be no returns issued for any reason other than for the condition outlined in section 12 (b). Other than the condition of not having at least one positive result from testing as outlined in section (b) of this section, all payments and return policies follow as outlined under the section 2 of this document, “PURCHASE TERMS & REFUND POLICY.”
GUARANTEE CONDITIONS, SECTION 12(a)
If the client fails to do the work suggested by the program or does not participate in the program support, they will be disqualified from the Guarantee outlined in section 12(a). This includes the following:
● Client must make all of their payments on time
● Client must complete all videos
● Client must join at least 50% of their allotted coaching calls
● Client must be active in the community weekly
● Client must attempt to implement the program strategies, as documented by
supply orders, support calls, and at least 6 monthly coaching calls with The Vital Elm, LLC on progress of the those items mentioned above.
GUARANTEE CONDITIONS, SECTION 12(b)
It is the responsibility of the Client to ensure that any laboratory testing is completed and returned to the laboratory by 3 months (90 days) from the date of this document. If the Client has exceed 3 months in the Program, then no refund will be issued for any reason.
13. NON-DISPARAGEMENT
You agree to refrain from making any statements or comments of a defamatory or disparaging nature to any third-party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law. This provision in no way restricts your ability to communicate reviews or performance assessments about Company’s goods or services.
14. CONFIDENTIALITY
Your Information. Please refrain from sending Company and its representatives any confidential information. If there is a group forum included in your purchase (for example, a community forum like a Facebook Group or MemberUp) you understand and agree to not publish any information in any such community with any expectation of privacy or confidentiality.
15. LIMITATION OF LIABILITY & RELEASE OF CLAIMS
You agree that under no circumstances shall Company be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site, Service, or Digital Course/Digital Product. Additionally, The Vital Elm, LLC is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third-party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if The Vital Elm, LLC has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall The Vital Elm, LLC cumulative liability to you exceed the total purchase price of the Digital Course/Digital Product you have purchased from The Vital Elm, LLC and/or www.thevitalelm.com and if no purchase has been made by you, The Vital Elm, LLC’s cumulative liability to you shall not exceed $50.
In consideration for accessing the Digital Product/Digital Course, You agree to release Company from liability and waive your right to sue Company, their employees, officers, volunteers and agents from any and all claims, including claims of the Company’s negligence, resulting in any physical injury, illness (including death) or economic loss you may suffer or which may result from your participation or consumption of this Digital Product/Digital Course or any events incidental to your participation or consumption of this Digital Product/Digital Course.
16. INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site, Course, Products, or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
17. CHANGES TO POSTED TERMS
We may at any time amend these Terms of Use. Such amendments are effective immediately upon notice to you by us posting the new Terms on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms.
18. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and The Vital Elm, LLC pertaining to this Site, Products, and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by The Vital Elm, LLC shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by The Vital Elm, LLC.
19. NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
The Vital Elm, LLC
18018 Overlook Loop Ste. 105 #443
San Antonio, TX 78259
E-mail address: hello@thevitalelm.com
20. GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Texas as applied to contracts that are executed and performed entirely in Texas. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Bexar County, Texas. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the Parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
21. RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, Client is responsible for any fees, including attorney’s fees, associated with recouping payment on disputes and any collection fees or other costs incurred in that action or proceeding associated with such an event, in addition to any other relief to which the Company may be entitled.
22. SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
23. ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the Parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
Questions about these Terms and Conditions? Email us at hello@thevitalelm.com.
Both parties understand that signatures transmitted digitally and created electronically via touchscreen or computer mouse shall have the same force and binding effect under law as an original handwritten signature in ink.