Terms of Service

(updated as of May 23rd 2018)

By browsing and using Eat Holistic LLC’s website kirstinscancercare.com, its blog, the book “Confessions of a Cancer Conqueror” and any educational training programs or downloadable resources downloaded from the website or associated with coaching and consultation sessions as well as any coaching and consulting services offered by Eat Holistic LLC (herewith “Services”),   you, the “User”, warrants that he or she is 18 years of age or older, or of a legal age, to form a binding contract with Eat Holistic LLC.

User is agreeing to comply with and be bound by the following terms and conditions of use, which together with Eat Holistic LLC’s Privacy Policy and Disclaimer govern the owner and operator, Eat Holistic LLC’s relationship with User. If User does not want to agree to the Privacy Policy, Terms of Use and Service and Disclaimer, User must not use or access this website or any associated Services.

These terms and conditions may be updated or changed without prior notice at any time. It is User’s responsibility to check this page from time to time to be aware of any changes, as they are binding to User.

Account Security

Eat Holistic LLC reserves the right to withdraw, amend and change the content of its Services at any time and without notice. Eat Holistic LLC is not liable if for any reason any part of its Services is unavailable at any time, or for any period. Eat Holistic LLC may limit access to parts of its Services to general and registered Users for any reason for any period of time.

In order to access Eat Holistic LLC’s Services, User may be required to provide personal information or registration details. It is a condition of User’s use of the Services that all and any information User provides is correct, current and complete. User agrees that the information User provides is governed by Eat Holistic LLC’s Privacy Policy, and User consents to all actions Eat Holistic LLC takes with regard to User’s information as is consistent with Eat Holistic LLC’s Privacy Policy.

If User is provided with, or chooses a user name, password, or any other piece of information as part of Eat Holistic LLC’s security procedures, User consents to treating such information as confidential and personal and to not disclose this information, or provide access to Services, to any other person or entity. User agrees to notify Eat Holistic LLC of any unauthorized use of User’s user name and password and access to Services, or any other security breach. User agrees to ensuring a complete exit from User’s account at the end of each session involving access and use of Services.

In the event of a violation of these Terms of Use and Service, Eat Holistic LLC reserves the right to cancel and disable any user name, password or other identifier, whether chosen by User or provided by Eat Holistic LLC, for any or no reason, at Eat Holistic LLC’s sole discretion.

Use of Intellectual Property

User is granted a non-exclusive, non-transferable, revocable license to access and use Eat Holistic LLC’s Services strictly in accordance with these Terms of Use and Service. It is a condition of User’s use of these Services that User warrants to Eat Holistic LLC that User will not use Services for any purpose that is unlawful or prohibited by these Terms of Use and Service. User may not use Services in any manner that could damage, disable, overburden or impair Services, or interfere with any other party’s use of Services. User may not obtain any content or information via any means not intentionally made available or provided for through Services.

All content of Eat Holistic LLC’s Services which includes, but is not limited to, the design, layout, appearance, compilation, as well as trademarks, logos, program/class, courses and workshop names, phrases and slogans, and other proprietary information such as other text, photos, video, graphics, downloadable forms, templates and worksheets, and other written and auditory content as well as software used (“Content”), is the property of Eat Holistic LLC or that of its suppliers, and is protected by copyright and other laws that govern and protect intellectual property and proprietary rights. No part of this Content may be reproduced, modified, published, sold, reverse engineered, displayed or transferred in any way by User without prior approval. User agrees to abide by all copyright and other proprietary notifications or content restrictions and will not make any changes thereto.

User consents to not modify, copy, publish, transmit, reverse engineer, participate in the transfer or sale, create copies or derivatives, or in any way and under any circumstances exploit any of the content, in whole or in part, found in Services and Content, for personal use or professional gain.

Eat Holistic LLC’s Services’ content is not for resale. The use of Services does not entitle User

to any unauthorized use of any protected content. No proprietary rights or attribution notices in Services’ content may be changed, altered or deleted. User will not make use of protected content for any other purpose than for personal use, and will make no other use of Service’ content without express written permission of Eat Holistic LLC and the copyright owner. User consents to not obtain any ownership rights in any protected content. Eat Holistic does not grant User any Licenses, express or implied, to the intellectual property of Eat Holistic LLC or our licensors except as expressly authorized by these Terms of Use and Service.

Any trade marks reproduced in Services which are not the property of, or licensed to, the operator are acknowledged on the website or in Services. This website may also include links to other third party websites and resources which are provided for your convenience to provide further information.

Links to Third Party Websites, Advertising and Affiliates

From time to time Eat Holistic LLC may include offers and links to products or services offered by third party websites in the form of third-party banner ads, text link ads, affiliate ads or paid and sponsored content. These third parties may use cookies, or cookies in conjunction with web beacons or other tracking technologies to collect information about the User when the User uses this website. This information may include personal information, information about the User’s online activities, and may be used by third parties to provide the User with targeted content. Eat Holistic LLC is not in control of the tracking technologies of these third parties and how they may be used. If the User wishes to question a particular targeted content, the User needs to contact the responsible provider directly.

In some cases, if User buys any products, programs or services that Eat Holistic LLC may promote, a small compensation may be received, at no additional cost to User.

Occasionally Eat Holistic LLC may reference the opinions of a third party author or group of authors in its own informational content. Eat Holistic LLC does not endorse, nor is responsible or liable for the accuracy, reliability of the third party content. Eat Holistic LLC is not liable, nor responsible for, any loss, damage or harm associated with User’s application of information obtained, or products and services purchased from, third party sites linked to from kirstinscancercare.com. User is solely responsible for evaluating the content available on kirstinscancercare.com.

Purpose and accuracy of information and personal responsibility

The information and opinions contained in Services are for informational and educational purposes only, and are not meant to be a diagnosis, medical or otherwise, of your health situation or a prescription for treatment.  In using Services, User agrees to not rely on its content as legal, financial, tax, health or medical advice or as a substitute for advice given by User’s medical team or other healthcare professional, or to delay diagnosis or treatment of a medical condition.

The content and recommendations offered are not meant to be a substitute for regular check-ups and examinations by User’s physician. User’s use of any information or materials of Services  is entirely at User’s own risk, for which Eat Holistic LLC shall not be liable. It shall be User’s own responsibility to ensure that any products, services or information available through Services meet User’s specific requirements. Should User have concerns or questions about User’s health or any medical condition, User needs to please consult her or his medical team or other qualified health care professional for advice immediately.

The information provided in Services is true to the best of Eat Holistic LLC’s knowledge. Eat Holistic LLC does not warrant that the information is up to date, accurate, complete, and not misleading. The content also may not be available at all times as Eat Holistic LLC may change or remove any part or all of this information without notice at any time. By using Services, User agrees to use judgement and conduct due diligence before taking any actions or implementing any plans suggested or recommended in Services. User accepts personal responsibility for the results of User’s actions, including any harm or damage suffered as a result of the use, or non-use, of the information available in Services.

Results

User agrees that Eat Holistic LLC has offered no guarantees about the results of taking action, whether in association with Services or not. User’s ultimate success or failure are the result of user’s own efforts, particular circumstances and situations beyond the control or knowledge of Eat Holistic LLC. User also agrees that prior results do not guarantee a similar outcome. The results of other clients of Eat Holistic LLC as a result of using Services are no guarantee that User achieves similar or same results, success or otherwise.

Communication

Sending, receiving emails and visiting this website constitutes electronic communication. User consents to receiving electronic communication and agrees that all agreements, notices, updates, disclosures and any other communication received from Eat Holistic LLC electronically, via email or on the website constitutes a legally satisfying communication in writing.

User agrees that email and other electronic communication does not form a contractual business relationship. User is asked to refer to Eat Holistic LLC’s Privacy Policy with regard to confidentiality, protection and securing of personal information and the content of communication. User consents to knowing that Eat Holistic LLC is unable to guarantee either the security of such communication or non-disclosure of such communication due to a court order.

User agrees that when participating in Eat Holistic LLC’s public or private chat groups, news groups, forums, communities, personal web pages, calendars, blog comments or any other message or communication areas enabling User to communicate with the public or a special interest group (“Groups”), User agrees to not post, send, engage in, distribute, publish, upload or disseminate any content and/or messages that are defamatory, abusive, derogatory, harassing, stalking, threatening, inappropriate, profane, obscene, infringing, indecent, unlawful or otherwise in violation of the legal rights of others. User agrees to not upload files with software or other material protected by intellectual property laws unless User owns or controls the rights thereto or has received the required consents. User agrees to not upload files with viruses, corrupted content or other material that may damage equipment or operation of a computing system. User agrees to not solicit, advertise or offer to sell any goods or services for any business purpose unless with appropriate permission, conduct surveys, contests, pyramid schemes or chain letters, download and copy any file posted by another User and falsify or delete author attributions and distribute without permission, restrict any other user from participating in these Groups, violate any code of conduct applicable to any of the Groups, collect any information, including email addresses, about others in the Groups without their consent, or violate any laws or regulations.

Eat Holistic LLC is not obliged to monitor Groups, but reserves the right to review materials posted in Groups and remove any material in its sole discretion. Eat Holistic LLC reserves the right to terminate User’s access to any or all Groups at any time without any reason or notice.

Eat Holistic LLC reserves the right to disclose any information if required by law, legal process or government request, or to edit, refuse to post or remove any material, in part or in whole, at its sole discretion.  Eat Holistic LLC does not control nor endorse the content in posted in Groups, and is thus not liable for any action resulting from User’s participation in any Groups. Administration managers and hosts are not authorized spokespersons of Eat Holistic LLC, and their opinions may not necessarily reflect that of Eat Holistic LLC.

Any material uploaded to Groups may be subject to post limitations on usage, reproduction and/or dissemination. User is responsible for adhering to such limitations.

Use of materials provided in Services and Groups

When User posts, submits, uploads or provides input in Groups, User grants Eat Holistic LLC and its affiliates and sub-licensees permission to use those submissions within the scope of the operation of its Internet business, including the rights to copy, distribute, transmit, publicly display, perform, reproduce, edit, translate and reformat without limitation, and to publish User’s name in connection with your submission. No compensation will be paid with regard to the use of User’s submission. Eat Holistic LLC is not obliged to post or use User’s submission, and may remove any submission at any time at its sole discretion. By submitting User warrants and represent that User owns or controls the rights to User’s submission.

Guest appearances

From time to time Eat Holistic LLC will provide educational information from guest interviews on podcasts, Facebook Lives appearances, guest blog posts or other medium. Eat Holistic LLC does not control the information provided by a third party guest appearance and is not responsible for investigating the truth of any statements made by such guests. Individuals who agree to appear as guests on any podcast or other interview platforms offered by Eat Holistic LLC agree to transfer all intellectual property rights they may have in any such interviews to Eat Holistic LLC and further provide license to any rights they are unable to assign.

Payment Policy

Tuition for Services offered by Eat Holistic LLC is payable upon receipt of an invoice or when a purchase is made via the website. Depending on the scope of Services, upfront full payment is required or certain payment plans may be offered over a clearly specified time period as stated in written communication sent to User. Tuition and payment plans are subject to change at any time. All payments are final, including for the immediate digital delivery of certain programs/classes/courses. No refunds and no money-back guarantees apply. User agrees to be legally obligated to pay the full amount owed.

Payments are processed through Intuit Quick Books or Thrive Cart and Stripe. Eat Holistic LLC does not have any direct access to your payment information, bank accounts or credit card. Account information is encrypted within their secure systems and is only retained for the duration of any payment plans associated with the purchase of any program. These systems will attempt to collect failed payments three times.

Warranties

TO THE FULLEST EXTENT PERMISSABLE UNDER THE LAW, EAT HOLISTIC LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO TITLE OR INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE, DOCUMENTATION, CONTENT AND OTHER FILES ARE PROVIDED “AS IS.” EAT HOLISTIC LLC AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CONTENTS, MATERIALS, INFORMATION, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED IN SERVICES AND CONTENT.

Limitation of Liability

IN NO EVENT WILL EAT HOLISTIC LLC BE LIABLE TO USER OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICES, CONTENT AND SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES OR FROM ANY BREACH OF WARRANTY, EVEN IF COMPASS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE INFORMATION, SOFTWARE, SERVICES, PRODUCTS AND CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EAT HOLISTIC LLC AND ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND CHANGES IN THE SERVICES AND CONTENT AT ANY TIME.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR SERVICES OR WITH ANY OF THESE TERMS OF USE AND SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBISTE AND ITS SERVICES.

Arbitration

User hereby expressly waives any and all claims User may have, now or in the future, arising out of or related to Services and Content, Eat Holistic LLC, any and all contracts you enter into with Eat Holistic LLC, and all of Eat Holistic LLC’s products and services.

To the extent that User wishes to assert such claim, User hereby expressly agrees to present such claim only through binding arbitration to occur in Hunterdon County, NJ. User further agrees to and does hereby waive any right to class arbitration and agrees, instead, to conduct an arbitration related solely to any individual claims User and/or any entity related to User asserts against Eat Holistic LLC. To the fullest extent permissible by law, User further agrees that User shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

International Use

This Service, Content and website is controlled, operated and administered by Eat Holistic LLC in the United States of America (USA). User accesses these at User’s own risk if outside the United States, and is responsible for compliance with the laws of User’s area of jurisdiction. The use of this website and any dispute arising out of User’s use of the website is subject to the laws of the United States of America.

Indemnification

User agrees to indemnify, defend and hold harmless Eat Holistic LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including attorneys’ fees) relating to or arising out of User’s use of, or inability to use, the Services, Content and Website, any user postings made by User, User’s violation of any terms of this agreement or User’s violation of any rights of a third party, or User’s violation of any applicable rules, laws and regulations. Eat Holistic LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will fully cooperate with Eat Holistic LLC in asserting any available defenses.

Termination And Access Restriction

Eat Holistic LLC reserves the right, at its sole discretion, to terminate User’s access to the website and the related Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and User hereby consents to resolve any and all disputes arising under or related to this website or the Terms of use and Service pursuant to the Arbitration Clause above. Use of the Website and its services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, this section.

Joint Venture Or Other Relationship

User agrees that no joint venture, partnership, employment or agency relationship exists between User and Eat Holistic LLC as a result of this agreement or use of this Website and Services. Eat Holistic LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Eat Holistic LLC’s rights to comply with governmental, court and law enforcement requests or requirements relating to User’s use of the Website and its services or information provide to or gathered by Eat Holistic LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Entire Agreement

This agreement, unless otherwise specified herein, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between User and Eat Holistic LLC It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between User and Eat Holistic LLC with respect to the website, Services and Content. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Eat Holistic LLC reserves the right, to its sole discretion, to change the terms under which the website and Services are offered. The most current version of the Terms will supersede all previous versions. Eat Holistic LLC encourages User to periodically review the Terms to stay informed of any updates.

Contact details

If User needs to contact Eat Holistic LLC for any clarification about its website, business practices or privacy policies, please find the contact details below:

Eat Holistic LLC

P O Box 41

Whitehouse Station, NJ 08889, USA

Email address: kirstin@kirstinscancercare.com

Effective as of May 23rd, 2018

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