TERMS OF PARTICIPATION

​Please READ carefully. By purchasing this product, the following Terms and Conditions (the “Agreement”) are entered into by Foundationally Nourished (“Foundationally Nourished”, “we”, or “us”) and You (“Client” or “You”), and You agree to the following terms stated herein.  Foundationally Nourished and You may be referred to collectively as “Parties” in this Agreement.


PROGRAM/SERVICE

Foundationally Nourished agrees to provide 'Online Group Coaching Program' (herein referred to as “'Online Group Coaching Program'”)  as outlined on the web page where You register, which may include digital or downloadable resources, an online course, group coaching, personalized protocol, bloodwork analysis, workshops, trainings, online private forums operated by Foundationally Nourished (for any purpose), whether on a website hosted by Foundationally Nourished or a third-party website (e.g., Squarespace, Practice Better, Facebook). As a condition of participating in the 'Online Group Coaching 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.

Foundationally Nourished will periodically make updates to the 'Online Group Coaching Program', and you will have access to updated materials for as long as Foundationally Nourished continues to offer the 'Online Group Coaching Program' to its customers.

From time to time, Foundationally Nourished may offer bonuses to individuals who sign up for the 'Online Group Coaching Program'. 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 'Online Group Coaching Program' and they vary depending on specific live and automated promotions throughout the year.

Foundationally Nourished reserves the right to offer additional program elements from time to time, for any subgroup of participants. These additional program elements are a bonus, not a part of the services included in the base version of the 'Online Group Coaching Program'. The selection of the participants who may participate in any additional program elements is at the sole discretion of Foundationally Nourished.


PARTICIPANTS

This 'Online Group Coaching Program' is intended and only suitable for individuals aged 18 and above. Some of the content in this 'Online Group Coaching Program' may not be appropriate for children. Foundationally Nourished hereby disclaims all liability for use by individuals under the age of 18.


FEES

In consideration of Your access to the 'Online Group Coaching Program', you agree to pay the following fees:

You may choose between a single payment of $1,499 (due on or before the start date of ‘Online Group Coaching Program’), or choose one of the following payment plans: 5 monthly payments of $315 (payment plan must begin before April 30th, 2022), or 4 monthly payments of $390 (payment plan must being before May 30th, 2022). If you select the payment plan, you must pay the initial payment upon registration and then your selected payment method will be automatically charged the following 2 payments on a monthly basis, for a total payment of $1499. If you opt for monthly payments, you will remain responsible for those payments unless you obtain a refund according to the 'Online Group Coaching Program'’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, Foundationally Nourished shall immediately suspend your access to the 'Online Group Coaching Program' and any bonuses, including loss of access and registration for any virtual events.


METHODS OF PAYMENT

If paying by debit card or credit card, you give Foundationally Nourished and/or third-party Processor (e.g., PayPal, Squarespace) permission to automatically charge your credit or debit card for all fees and charges due and payable to Foundationally Nourished, without any additional authorization, for which you will receive an electronic receipt.  You also agree that Foundationally Nourished and/or third-party Processors are authorized to share any payment information (e.g., credit card transaction processing, merchant settlement, and related services).

If You elect for the payment plan, You hereby authorize Foundationally Nourished and/or third-party Processor 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 payment methods we have on file for you are declined for payment in full and/or payment of your monthly fee, you must provide a new payment method promptly or your 'Online Group Coaching Program' access will be terminated.

If you do not request a refund according to the 'Online Group Coaching Program'’s Refund Policy set forth below, you are required by law to complete the remaining payments of your payment plan and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding payments, using any eligible payment method we have on record for your account.


REFUND POLICY

We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the strategies in the course. Foundationally Nourished provides a full refund to be issued between registration and start date of the 'Online Group Coaching Program', referred to as the Refund Period. Refunds for the 'Online Group Coaching Program' will not be issued after the Refund Period for any reason. 

In the event that You decide your purchase was not the right decision before the start date, contact our support team at foundationallynourished@gmail.com and let us know you’d like a refund before the 'Online Group Coaching Program' begins.

Please note: If you opted for a payment plan and you do not request a refund within the Refund Period, you are required by law to complete the remaining payments of your payment plan.

Upon determining that you are entitled to a refund pursuant to this policy, Foundationally Nourished will promptly issue an instruction to its payment processor to issue the refund. Foundationally Nourished does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund of any purchase, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and Foundationally Nourished’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, worksheets, handouts, slide shows, membership areas, social media groups limited to paying members, and other resources.

All refunds are discretionary as determined by Foundationally Nourished. To further clarify, we will not provide refunds for requests made after the Refund Period and all payments must be made on a timely basis. If payments are not made on time, You agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

In all other cases, because of the extensive time, effort, preparation and care that goes into creating and providing the 'Online Group Coaching Program', Foundationally Nourished has 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 'Online Group Coaching Program' and no refunds will be provided to you. By using and/or purchasing our 'Online Group Coaching Program', you understand and agree that, except for the limited refund policy described above, all sales are final and no refunds will be provided.

Since we have disclosed a clear and explicit Refund Policy that you have agreed to prior to completing the purchase of the 'Online Group Coaching Program', we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card Foundationally Nourished or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, 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. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

Foundationally Nourished reserves the right, in its sole discretion, to determine how to discipline a participant who violates these Terms. Therefore, if a participant disagrees with how Foundationally Nourished disciplines another member and requests a refund, Foundationally Nourished will deny such request.

Furthermore, if a participant violates these Terms, Foundationally Nourished reserves the right, in its sole discretion, to offer the participant another opportunity to abide by these Terms. If a participant disagrees with Foundationally Nourished offering another participant a second opportunity to follow these terms, no grounds for a participant to receive a refund would be created, and any request for a refund on this basis shall be denied.

If, in Foundationally Nourished’s sole right and discretion, you persist with behaviors or actions that violate these Terms, Foundationally Nourished may terminate your access and participation in the 'Online Group Coaching Program' without notice and without refund.

If you have any questions or problems, please let us know by contacting us directly at foundationallynourished@gmail.com.



YOUR CONDUCT IN the 'Online Group Coaching Program'; CONFIDENTIALITY; USE OF YOUR MATERIALS

As a condition of participating in the 'Online Group Coaching Program’, you hereby agree to respect the privacy of other 'Online Group Coaching Program’ participants and to respect Foundationally Nourished’s confidential information.

Specifically, you shall not share any information provided by other 'Online Group Coaching Program’ participants outside of the bounds of the 'Online Group Coaching Program’ unless you receive express written permission from such other participant to share the information. Similarly, the content of the 'Online Group Coaching Program' contains Foundationally Nourished’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the 'Online Group Coaching Program' with anyone other than Foundationally Nourished, it’s owners and employees, and other 'Online Group Coaching Program' participants.

You are responsible for your material and for any liability that may result from the material you post.  You participate, comment, and post material at your own risk.  Any communication by you on Foundationally Nourished’s website and any third-party forums operated by Foundationally Nourished, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others.  You agree to post comments or other material only one time. 

Foundationally Nourished, in its discretion, may delete or modify, in whole or part, any post, comment or submission to Foundationally Nourished’s and any third-party forums operated by Foundationally Nourished.  Foundationally Nourished does not, however, have any obligation to monitor posts, comments, or material submitted by third parties.  Foundationally Nourished neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on Foundationally Nourished website or any third-party forums operated by Foundationally Nourished. Foundationally Nourished shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on Foundationally Nourished website and any third-party forums operated by Foundationally Nourished.

You are strictly forbidden from the following:

  •  Causing damage to any Foundationally Nourished website or third-party forums operated by Foundationally Nourished

  •  Using any Foundationally Nourished website or third-party forums operated by Foundationally Nourished for any unlawful, illegal, fraudulent or harmful purpose or activity

  •  Using any Foundationally Nourished website or third-party forums operated by Foundationally Nourished to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software

  •  Using any Foundationally Nourished website or third-party forums operated by Foundationally Nourished to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes

  •  Systematically or automatically collecting data from any Foundationally Nourished website or third-party forums operated by Foundationally Nourished

  •  Sharing private and proprietary information from the 'Online Group Coaching Program' or other participants with anyone else

  •  Discriminatory speech, hate speech, comments, or actions against another member based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels

Foundationally Nourished does its best to create a safe and welcoming space for all participants, however, Foundationally Nourished cannot guarantee that all participants will follow these guidelines. Foundationally Nourished, in its sole discretion, may remove any participant’s comments, posts, content or materials, however, Foundationally Nourished does not have a duty to review all comments, posts, content and material shared within any online private forums or groups or on any group call. Therefore, Foundationally Nourished shall not be held liable for any participant’s comments, actions, posts, content or materials that result in another participant’s trauma or discomfort.

You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to 'Online Group Coaching Program' participants on any Foundationally Nourished website or third-party forums operated by Foundationally Nourished, whether or not officially sanctioned, owned, or operated by Foundationally Nourished. 

We may also post separate rules regarding your behavior in any online community or forum, whether hosted on Foundationally Nourished’s website or a third-party website, which may be updated from time to time. You agree that you are bound by those rules and they are expressly incorporated into this Agreement.

By posting or submitting any material in the Facebook group, such as questions, comments, posts, photos, images, videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future program or other content. 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 acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the 'Online Group Coaching Program' at any time for any reason.

You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by Foundationally Nourished during the 'Online Group Coaching Program' that may contain you, your voice and/or your likeness. In Foundationally Nourished’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to Foundationally Nourished or created by Foundationally Nourished in connection with your participation in any 'Online Group Coaching Program', without compensation to you at any time, now or at any time in the future.  

You also grant us, and anyone authorized by us, the right to use your likeness and identify you by an alias (or by name/screen name if granted authorization by You), as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or Foundationally Nourished that reference Foundationally Nourished or the 'Online Group Coaching Program', and to identify you as a member of the 'Online Group Coaching Program' by an alias (or by name/screen name if granted authorization by You), for any purposes, including commercial purposes and advertising.


USERNAME AND PASSWORD 

To access certain features of the 'Online Group Coaching Program', including any private membership areas, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If Foundationally Nourished has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the 'Online Group Coaching Program' to any other person, Foundationally Nourished has the right to suspend or terminate your account and refuse any and all current or future use of the 'Online Group Coaching Program' or any of its content, in whole or part, without refund.


NO TRANSFER OF INTELLECTUAL PROPERTY; LIMITED LICENSE

All content included as part of the 'Online Group Coaching Program', such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the 'Online Group Coaching Program', is the property of Foundationally Nourished or its suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights.

Foundationally Nourished name, Foundationally Nourished logo, Foundationally Nourished slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of Foundationally Nourished or its affiliates or licensors. You must not use such marks without the prior written permission of Foundationally Nourished. All other names, logos, product and service names, designs and slogans in the 'Online Group Coaching Program' are the trademarks of their respective owners.

As a purchaser or participant in the 'Online Group Coaching Program', you are our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.  

This means you may view, download, print, email and use one copy of individual pages of the 'Online Group Coaching Program' and Content for your own personal purposes.

Your participation in the 'Online Group Coaching Program' does not result in a transfer of any intellectual property to You, and, as a condition of participation in the 'Online Group Coaching Program', You agree to observe and abide by all copyright and other intellectual property protection.

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the 'Online Group Coaching Program' or Content for commercial purposes or in any way that earns you or any third party money (other than by applying the principles generally in your own business). By downloading, printing, or otherwise using the 'Online Group Coaching Program' or any Foundationally Nourished content for personal use you in no way assume any ownership rights of the Content – it is still Foundationally Nourished property.  Any unauthorized use of any materials found in the 'Online Group Coaching Program' or Content shall constitute infringement.  

Foundationally Nourished content is not for resale. Your participation in the 'Online Group Coaching Program' does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of Foundationally Nourished and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Foundationally Nourished or our licensors except as expressly authorized herein.

You hereby agree that any infringement of Foundationally Nourished’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate Foundationally Nourished’s intellectual property rights, your access to the 'Online Group Coaching Program' will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

Your use of any materials found in the 'Online Group Coaching Program' or Content other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the 'Online Group Coaching Program' in the event of your Unauthorized Use, or a minimum of $3,000 if you did not pay fees for the 'Online Group Coaching Program', in addition to any legal or equitable remedies Foundationally Nourished may be entitled to pursue.  This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.     

You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to Us that may not be adequately compensated by damages, entitling Foundationally Nourished to obtain injunctive relief, without bond, in addition to all legal remedies.


FORCE MAJEURE

Foundationally Nourished 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 Foundationally Nourished including, without limitation, acts of God, flood, fire, earthquake, pandemic, epidemic, death, illness or incapacity of any of Foundationally Nourished owners/employees, explosion, any local, state, federal, national or international law, governmental order or regulation, 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 (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Foundationally Nourished shall give notice to you of its inability to perform or of delay in completing the 'Online Group Coaching Program' and shall propose revisions to the schedule for completion of the 'Online Group Coaching Program' or other accommodations, or may terminate this Agreement.


SEVERABILITY

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. The remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. 


DISCLAIMERS AND RELEASE

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. Foundationally Nourished is agreeing only to provide Client with access to the 'Online Group Coaching Program', which provides education and information. The information contained in the 'Online Group Coaching Program', including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional medical advice.

You agree to absolve and do hereby absolve and release the Releasees (defined below) from 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 'Online Group Coaching Program' and/or any information and resources contained in the 'Online Group Coaching Program'. You agree that Releasees 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 'Online Group Coaching Program', including its content, materials, products or services, or third-party content, materials, products or services made available through the 'Online Group Coaching Program'.

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

Foundationally Nourished 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 'Online Group Coaching 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. Foundationally Nourished 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. If you are dissatisfied with the 'Online Group Coaching Program' or any portion of it, your sole and exclusive remedy is to discontinue using the 'Online Group Coaching Program'.

Any links to third-party products, services, or sites are subject to separate terms and conditions. Foundationally Nourished is not responsible for or liable for any content on or actions taken by such third-party Foundationally Nourished or website. Although Foundationally Nourished may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.

Client understands Foundationally Nourished (herein referred to as “Consultant”) and Foundationally Nourished’s owners and employees are not an agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst or advisor, psychotherapist, medical professional or accountant. Client understands that Consultant and its owners and employees have not promised, shall not be obligated to and will not act as such. 


SECURITY

Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Foundationally Nourished cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to Foundationally Nourished, you accept that you do so at your own risk.


USERS OUTSIDE UNITED STATES

Foundationally Nourished controls and operates the 'Online Group Coaching Program' from offices in the United States. Foundationally Nourished does not represent that materials on the 'Online Group Coaching Program' are appropriate or available for use in other locations. People who choose to access the 'Online Group Coaching Program' from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.


MODIFICATION

Foundationally Nourished may modify terms of this agreement at any time. All modifications shall be posted on Foundationally Nourished website and purchases shall be notified if currently participating in the 'Online Group Coaching Program'.


TERMINATION

Foundationally Nourished reserves the right, in its sole discretion, to terminate your access to the 'Online Group Coaching Program' and the related services or any portion thereof at any time, without notice, if You become disruptive to Foundationally Nourished or other 'Online Group Coaching Program' participants, if You fail to follow the 'Online Group Coaching Program' guidelines, or if You otherwise violate this Agreement. You 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 termination.

In the event you decide to cancel your participation in the 'Online Group Coaching Program', You will not be issued a refund for any remaining days or months of the 'Online Group Coaching Program' after your cancellation, and any remaining installment, default, or late payments will be due immediately.

In the event of cancellation or termination, you are no longer authorized to access the part of the 'Online Group Coaching Program' or its content. The restrictions imposed on you in this Agreement with respect to the 'Online Group Coaching Program' and its content will still apply now and in the future, even after termination by you or Foundationally Nourished.


INDEMNIFICATION AND HOLD HARMLESS

You agree to indemnify, defend, release and hold harmless Foundationally Nourished and its owners and employees from and against any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the 'Online Group Coaching Program' and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Foundationally Nourished reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Foundationally Nourished in asserting any available defenses.


RESOLUTION OF DISPUTES

This Agreement shall be governed by and construed in accordance with the laws of the State of Montana without giving effect to its conflict of laws principles. The state and federal court nearest to Hamilton Montana shall have exclusive jurisdiction over any case or controversy arising from or relating to the 'Online Group Coaching Program' or its content, including but not limited to Foundationally Nourished’s Privacy Policy or this Agreement. By using the 'Online Group Coaching Program', you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The prevailing party in any dispute between the parties arising out of or related to this Agreement, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

2021 Foundationally Nourished


By paying for the ‘Online Group Coaching Program’, You acknowledge and agree to the Terms of Participation.