Online Programs & Products
Terms of Use
Please read these Terms of Use carefully before purchasing, accessing or using any of our Programs, Products and Services. Additionally, please review the terms of our Privacy Policy for how your information is stored and shared.
01Terms of Use
Our Programs, Products, and Services are owned and operated by Innate Healing and Performance, LLC ("Company", "we", or "us"). The term "you" refers to any purchaser and/or user of any of our Programs, Products and/or Services. These Terms of Use for Online Programs & Products ("Terms of Use") state how you may use our Programs, Products and Services and any of their content or materials (collectively "Programs and Products").
Please read these Terms of Use carefully. We reserve the right to change these Terms of Use from time to time. By using any of our Programs and Products you are agreeing to the Terms of Use as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms of Use, please do not use our Programs and Products.
These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of our Programs and Products that you are waiving certain legal rights and you are voluntarily agreeing to do so.
02Use and Consent
By purchasing or using any of our Programs and Products, you agree to abide by these Terms of Use as well as our Website Disclaimer, Terms and Conditions and Privacy Policy, and any other terms and conditions that may apply. Accessing, purchasing or using our Programs or Products in any manner constitutes use of the Program or Product, and your agreement to be bound by these Terms of Use.
All of our Programs and Products are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to any Program or Product by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using our Programs or Products, you represent and warrant that you are at least 18 years old.
03Intellectual Property Rights
Our Limited License to You
Our Programs and Products are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The content in our Programs and Products is solely owned by or licensed to us, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, graphics in or on our Programs and Products or any other material or aspects of materials provided by us to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.
If you purchase or access any of our Programs or Products, you will be considered our Licensee. All content obtained through us is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use our Programs or Products in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.
You are being granted a limited license to use our Programs and Products with permission and restrictions. When you purchase a Program or Product from us, you are purchasing the limited right to use the Program or Product in the form that is provided by us to you with certain conditions as specified in these Terms of Use.
04You Are Permitted to Use Our Programs and Products As Follows
You may download and/or print the contents of our Programs and Products for your own personal use. However, you are not permitted to share, sell, reprint or republish any of our Programs or Products, including handouts, for resale or mass reproduction purposes for your own business use without our permission. This includes sharing this program with your friends, family, colleagues, or others. If they would like access, they must purchase their own license separately.
Any trademarks, taglines, and logos displayed on or in our Programs and Products are trademarks belonging to us. Any use including framing, meta tags or other text utilizing these trademarks is strictly prohibited without our express written consent, or permission granted herein. The trademark indicia must be included at all times where permission to use is granted.
All rights not expressly granted in these terms or any express written license are reserved by us.
05Information You Are Prohibited from Sharing with Others
As a Licensee, you understand and acknowledge that our Programs and Products have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use. When you enroll in or purchase our Programs or Products, you agree that you are clearly and expressly prohibited from doing the following:
- You will not copy, share or steal our Programs or Products, or any parts of them. You will not in any way use, copy, adapt or represent any of our Programs or Products in any way as if they are yours or created by you.
- You will not engage in improper and/or unauthorized use of our Programs or Products. This includes modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium any Program or Product or any other information accessed or purchased through our Programs or Products.
- You will not duplicate, share, trade, sell, or otherwise distribute our Programs or Products to any other person, for their personal use, business/commercial use or in any way that earns them money.
- You will not violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using our Programs or Products for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of our Program or Product.
- You will not reprint or republish any part of our Programs or Products for publication or compilation into your own products, programs, services or program materials for your own personal use or business/commercial use or in any way that earns you money.
- You will not use our Programs or Products in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.
You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Programs or Products as set forth in these Terms of Use is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law.
06Limitations on Linking and Framing
With our advance written permission, you may establish a hypertext link to our Website, Program or Product, so long as the link does not state or imply any sponsorship, endorsement by, or ownership in our Content and does not state or imply that we have sponsored, endorsed or have ownership rights in your website or you have endorsed ours. However, you may not hyperlink, frame or inline link our Content without our written permission.
07Your License to Us
By posting or submitting any material on or through our Programs or Products, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.
When you voluntarily submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, Programs or Products, or social media, you are granting us, and anyone authorized by us, consent to make it part of our current or future Website, Programs and/or Products. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You may, however, at any time, ask us to delete this information.
When you voluntarily submit information to us, you also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions at any time for any reason.
We agree that you hold all intellectual property rights in any of your work product resulting from participation in our Programs and Products, including but not limited to copyright and trademark rights. We agree not to claim any such ownership in your work product or intellectual property at any time.
08Media Release
By participating in our Programs or Products, including our Facebook community or other social media, you consent to photographs, videos, and/or audio recordings that may be made that may contain your image, text, voice and/or your likeness. Please note that these postings and/or recordings may or will be shared with potential clients or other clients who have purchased our Programs or Products or on social media.
09Request for Permission to Use Content
Any request for written permission to use our Programs or Products, in whole or in part, or any other intellectual property or property belonging to us ("Content"), should be made BEFORE you wish to use it by completing the "Contact Us" form on our Website, or by sending an email to info@innatehp.com.
We clearly state that you may not use our Programs or Products, in whole or in part, in any way that is contrary to these Terms of Use unless we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific Content we allow and ONLY in the ways for which we have given written permission.
10Security
When you apply for, enroll in, purchase or use our Programs or Products we may seek and collect personal data and information including but not limited to your name, email address, phone number, billing information, credit card or payment information, demographic information, health information, preferences, interests, or other personally-identifying information ("Confidential Information").
By providing such Confidential Information to us, you grant us permission to use and store such Confidential Information in accordance with our Privacy Policy. We will use our best efforts to keep your Confidential Information safe, secure and confidential. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore, submitting Confidential Information, data or other information is done at your own risk.
11Personal Responsibility and Assumption of Risk
As a Licensee, you agree that you are using your own judgment in using our Programs or Products and you agree that you are doing so at your own risk. Our Programs or Products are for informational and educational purposes only. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Programs or Products. Our Programs and Products are merely to provide you with education and tools to help you make your own decisions for yourself in your own judgment and discretion. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Programs and Products.
12Disclaimer
While we use care in creating our Programs and Products, to the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Programs and Products, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts or anticipated savings, loss of data, loss of goodwill, any wasted time and for any other loss or damage of any kind.
Medical Disclaimer
Our Programs and Products are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Programs and Products is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietician or nutritionist, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our Programs or Products or received from us. Do not start or stop taking any medications without speaking to your physician or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly.
Legal and Financial Disclaimer
Our Programs and Products are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Programs and Products is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Programs and Products.
Earnings Disclaimer
You acknowledge that we have not and do not make any representations as to the physical, mental, emotional, spiritual or health benefits, future income, sales volume or potential profitability or potential of loss of any kind that may be derived as a result of your participation in this Program or Product. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Programs and Products and you accept and understand that results differ for each individual.
Warranties Disclaimer
Technology Disclaimer
We try to ensure that the availability and delivery of our Programs and Products is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates. To the fullest extent permitted by law, we will not be liable to you for damages or refunds should our Programs or Products become unavailable or access becomes slow or incomplete due to any reason.
Force Majeure
In the event that any cause beyond our reasonable control, including acts of God/nature, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisories, labor strikes or civil disturbances, unforeseen human-initiated circumstances, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or other instances, make it inadvisable, illegal, or impossible for us to perform our responsibilities or obligations under this Agreement, either because of unreasonable increased costs or the risk of injury, we will not be liable for a reasonable period of delay or for the inability to indefinitely fulfill our responsibilities and obligations.
Errors and Omissions
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Programs and Products. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of medical, technological and scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
Links to Other Websites
We may provide links and pointers to other websites maintained by third parties. These links are provided for your convenience and do not imply our endorsement, sponsorship, or approval of that website or its owner. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them.
13Limitation of Liability, Indemnification and Release of Claims
Limitation of Liability
We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Programs and Products. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. In the event that you use our Programs or Products or any other information provided by us or affiliated with us, you are acting at your own risk and we assume no responsibility.
Indemnification
You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, members, managers, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Programs and Products, or your breach of any obligation, warranty, representation or covenant set forth in these Terms of Use or in any other agreement with us.
Release of Claims
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Programs and Products, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
14Purchases and Online Commerce
If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card as payment for your Program or Product without any additional authorization, for which you will receive an electronic receipt. Should you be provided with a PayPal invoice instead, you are required to manually pay it by the date due on the invoice or your Program or Product will be put on hold until payment is made.
You agree that you are financially willing and able to invest in this Program or Product by choice, and that by so doing, you are not incurring any economic hardship in any way.
In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment; otherwise the Program or Product will not continue and we reserve the right to cease your access immediately and permanently.
If you fail to make payment in a timely manner or voluntarily decide to withdraw from our Programs or Products at any time or for any reason, you still will remain fully responsible for the full cost of the Programs and/or Products.
All information obtained during your purchase or transaction for our Programs and Products, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company. Per our Privacy Policy, please make sure that you review the privacy policy of our payment processor.
Since we have a clear and explicit Refund Policy in these Terms of Use that you have agreed to prior to completing the purchase of any of our Programs or Products, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company and your agreement with us will automatically terminate upon such attempt. You will remain responsible for payment in full for the Programs and Products which you have purchased.
In the event that a chargeback is placed on a purchase or we receive a chargeback threat, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score.
15Refund Policy
Your satisfaction with your Program or Product is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Programs and Products, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs and Products, and no refunds will be provided to you at any time. By using and/or purchasing any of our Programs and Products, you understand and agree that all sales are final and no refunds will be provided.
16Termination
You have the right to terminate your use of or participation in our Programs or Products at any time by sending an email to info@innatehp.com.
We reserve the right in our sole discretion to refuse or terminate your access to our Programs or Products, in full or in part, at any time without notice, by sending you an email to the email address you provided upon purchase.
In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed.
Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Programs and/or Products, including but not limited to our Website, private forum, email communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our Programs or Products at any time without notice and in our sole discretion.
All of the terms of this Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our Refund Policy will still apply now and in the future, even after termination by you or us.
17Governing Law
This Agreement shall be construed according to the laws of the State of Wisconsin where our principal place of business is located.
18Dispute Resolution
Should we ever have a conflict, it is hoped that we could work it out amiably. However, if we are unable to seek resolution through good-faith negotiation within 30 days, we agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, jointly selected by both of us, unless we both agree otherwise in writing or otherwise provided by law.
You understand and agree now that the only monetary damages that can be awarded to you through arbitration is the full refund of your Payment made to date. No other financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction.
You also agree that should arbitration take place, it will be held in Oconto County in the State of Wisconsin where our principal place of business is located, and the prevailing party shall be entitled to all reasonable attorneys' fees and all costs necessary to enforce the decision of the arbitrator.
By purchasing our Programs or Products you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year after notification to us of the dispute or you waive the right to seek dispute resolution by arbitration or to take any other legal action.
Should you have any questions or concerns about the Program, you agree now to contact us directly in a mature and professional way rather than to publicly make any negative or critical comments about the Program, our business or us through social media or otherwise. We both agree now not to communicate with any other individual, company or entity in a way that is harmful or disparaging to the other, or to do or say anything that is injurious to each other's reputation.
If any terms of these Terms of Use are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.
19Privacy and Confidentiality
Privacy
Please review our full Privacy Policy for how we handle all of your personal data and information as well as your rights around such information.
Confidential Information
To use our Programs or Products, we may seek personal data or information including your name, email address, phone number, street address, billing information, birthday, preferences, interests, assignments, or other personally-identifying information ("Confidential Information"), or you may offer or provide a comment, photo, image, video or any other submission to us when using or participating in our Programs or Products ("Other Information"). By providing such Confidential Information or Other Information to us, you grant us permission to use and store such information in accordance with our Privacy Policy.
What We Do with Confidential Information
We request and require various personal data and/or Confidential Information to understand your needs and provide you with better services. In addition, we may use such data and Confidential Information for the following reasons: (1) for internal record keeping; (2) to improve our Programs or Products; (3) to periodically send promotions about new Programs or Products or other special offers from which you may unsubscribe at any time; (4) for aggregate, non-identifiable data for research purposes; (5) to customize the respective Programs or Products you purchase or use according to your interests; and/or (6) for support or communication related to your Program or Product.
Storage
All data and Confidential Information is stored through a data management system. This data can only be accessed by those who help manage that information in order to deliver email or otherwise contact those who would like to receive our correspondence. You agree and acknowledge that we, including our team, staff and affiliates, and those who manage the data management system may have access to your Confidential Information.
When We Can Disclose Confidential Information
All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that we may disclose Confidential Information and personally identifiable information: (1) pursuant to the terms of these Terms of Use and Privacy Policy; (2) if we are required to do so by law; (3) in the good-faith belief that such action is necessary to conform to the law; (4) to comply with any legal process served on us or our partners, sponsors, investors, or affiliates; (5) to protect and defend our rights or property or those of our users or purchasers; and/or (6) to act as immediately necessary in order to protect the personal safety of our users, purchasers, or the public. We will not sell, distribute or lease your Confidential Information to third parties unless we have your permission or are required by law to do so.
How We Use Cookies
We may use the standard "cookies" feature of major web browsers. We do not set any Confidential Information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. You may choose to disable cookies through your own web browser's settings. However, disabling this function may diminish your experience on the Website and some features of our Programs or Products may not work as intended.
Passwords
To use certain features of our Programs or Products, you may be issued a username and password, which you will receive through your registration and/or purchase process. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities that occur under your password or account. You are not permitted to share your username and/or password with anyone. If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the Program or Products. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
If you have any questions about any term of these Terms of Use, please contact us at:
Innate Healing and Performance, LLC
Vickory Village Depot ยท 1751 Riverside Drive, Second Level ยท Suamico, WI 54173