Cultivate Foundations Program Participant Agreement
1. Terms
Welcome to the Empowered Wellness Collective (the “Program”) from Cultivate Foundations. This Program Participant Agreement (the “Agreement”) constitutes a legal contract between Cultivate, LLC, DBA Cultivate Foundations., and you, the undersigned. Cultivate Foundations is a division of Cultivate, LLC, both of which will hereby be collectively referred to as the “Company”. Please read this Agreement carefully before you purchase or participate in the Program or access any of the Program materials. By purchasing the Program, you are agreeing to the terms of this Agreement. If you do not want to agree to this Agreement, you must not purchase or use the Program.
2. The Program
The Program is a monthly membership model (the “Term”). During the Term of your membership, the Company will provide services to you, which will include but is not limited to:
Monthly online gatherings
Access to our 10-Day Cleanse Programs WhatsApp Community where we gather and share information
Discounts and special access to additional programs
3. Cancellation Policy
Please note that this is a 3-month minimum commitment membership, therefore you will be billed for at least 3 full months inside the program. If you wish to cancel your membership after the 3-month period, please do so at least 24 hours prior to your next billing date of $99.00. If you do not request to cancel within 24 hours, your account could be subject to another monthly fee.
4. Information and Education Only; No Medical Services or Advice
The Program does not provide any medical services. The Program is exclusively an information and educational program. The Program is not a substitute for individualized medical advice, but rather, is designed to empower women with the education to work with their doctors and inform their healthcare and fertility moving forward. Please consult with your medical professional before beginning the Program, and keep your medical professional apprised of your progress throughout the Program.
Your purchase of a Program, including your access to information provided in the Program or Program materials or implementation of any suggestions set out in the Program, does not create a doctor-patient relationship between you and Hillary Fredrickson, ND or Dr. Kara Burkhart, ND, LAc.
5. Supplement Disclosure
The Company sells custom private-labeled Cultivate Foundations supplements at shop.cultivatefoundations.com. Information and statements made in the Program and on the Company website regarding dietary supplements and products have not been evaluated by the Food and Drug Administration. Any products, including Cultivate Foundations supplements, which may be mentioned in the Program are not intended to diagnose, treat, cure, or prevent any disease. At no time is any participant required to purchase Cultivate Foundations supplements or any supplements discussed in the Program.
All discussions regarding supplements are for information and education only and are not medical advice, prescriptions, treatment, or individualized recommendations.
You should always consult with an appropriately qualified health care professional familiar with your individual situation for diagnosis and treatment, including information regarding which supplements or treatment may be appropriate for you. The Company does not represent or warrant that any particular supplement or treatment is safe, appropriate, or effective for you.
6. No Guarantees
You acknowledge and agree that the Company makes no guarantees of any kind about the results of your participation in a Program or use of any information in a Program. In other words, your purchase of the Program and use of any information presented in the Program does not guarantee any success with respect to health outcomes, including, without limitation, fertility, pregnancy, hormone health or otherwise. You recognize that every individual is different, and many factors contribute to one’s fertility and overall health. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others, whether clients of
The Company’s users or participants of the Program or otherwise, are no guarantee that you or any other person or entity will obtain similar results.
7. Proprietary and Confidential Information
The Program is a proprietary service offered by The Company to a limited audience of authorized, paying participants. Thus, all Program information is highly confidential and not for dissemination to anyone who is not a party to a similar agreement or otherwise authorized to receive such confidential information from or about the Program. Confidential Information includes, but is not expressly limited to:
Program details; curriculum; pricing and Program fee; member selection process; communications to and from The Company; content of phone calls, webinars, seminars, and group discussions; the content of the Facebook group; Program materials including documents, videos, slides, worksheets, literature, recordings, audio, Q & As, and any content produced by or provided to you by the Company; the Company know-how; the names and contact information of current or past participants in the Program; login credentials to access any Program information or the Company website or content; information shared in the course of the Program or in the secret Facebook Group by Program participants with other Program participants; anything offered by a Program participant to other participants that is intended to remain private.
Given the personal and sensitive nature of your health, and the fact that oftentimes immediate or close family members are involved, you should feel free to discuss your progress in the Program with these trusted individuals, but you must in no way share any information that would effectively allow an unauthorized participant in the Program, such as friends, coworkers and colleagues, and extended family members.
8. Access to Account; Username and Password
Only authorized users who have duly obtained the right to access the Program by personally agreeing to the terms of this (or similar) Agreement and have paid the Program Fee are permitted to participate in the Program and access Program-related materials.
You agree to keep your username and password to access the Program confidential. You are not permitted to share your username and/or password or access to the Program or Program materials with anyone at any time. Each individual must purchase their own access to the Program.
9. Members’ WhatsApp Group
This Program includes a private WhatsApp Group for participants to support one another and share their experiences as they go through the Program.
Please note that the Company, Hillary Fredrickson, ND and Dr. Kara Burkhart DO NOT monitor the community app, WhatsApp Group or any posts, comments, or material submitted by participants.
The views and comments of any participants on the WhatsApp Group do not necessarily reflect those of the Company, Hillary Fredrickson, ND and Dr. Kara Burkhart, and may not be factually correct.Please always use caution with information shared on the WhatsApp Group. The Company, Hillary Fredrickson, ND and Dr. Kara Burkhart neither endorse nor make any representations as to the truthfulness or validity of any third-party posts, comments, information, or material found on the WhatsApp Group. Therefore, the Company, Hillary Fredrickson, ND and Dr. Kara Burkhart shall not be responsible for and specifically disclaim any and all liability arising from or relating to your use of any information posted on the WhatsApp Group by participants. The Company also reserves the right to edit, modify, delete, refuse to post, or otherwise remove, in whole or part, any comments on the WhatsApp Group.
We strive to create a safe space for all participants in our Program. Any comments whether in a live group call or on the Program WhatsApp group must be respectful. You may not communicate or submit any content or material that is harassing in nature, rude, racist, abusive, vulgar, threatening, knowingly false, defamatory, or obscene or otherwise in violation of any law or the rights of others. Bullying or other comments that makes other users of the Program feel poorly will not be tolerated. You are not permitted to use the WhatsApp Group to solicit or collect data from other group members (including their names and contact information). You may not directly contact other group members without their express permission. You may not use information obtained from these channels or groups for any purpose other than the limited purpose of discussing the skills and strategies conveyed in the Program. You agree to follow any rules disseminated by The Company for the WhatsApp Group and social media channels.
10. Intellectual Property Rights
The Program and all Program materials including documents, videos, slides, worksheets, handouts, videos and video files and recordings, voice/audio files and recordings including downloadable audio files, webinars and recorded webinars, emails, downloadable PDFs, workbooks, forms, guides, questionnaires, e-books, slides, and all other similar materials and all other information and intellectual property accessible on or provided through the Program is proprietary and solely owned by The Company and only provided to a limited audience of authorized, paying participants.
When you purchase the Program, The Company is granting you a limited, revocable, non-transferable, non-exclusive license to access and use the Program and Program materials for your own personal, non-commercial use ONLY. This license is limited to you only for your personal use, and NOT for your business or commercial use.
You are NOT permitted to share any Program materials with your friends, family, colleagues, or any other person. If they would like access to the Program, they must purchase their own license to the Program separately.
This means that when you purchase a Program, you may watch, listen to, download and/or print Program materials, such as handouts and workbooks, for your own personal reference, BUT you are NOT permitted to use, copy, share, distribute, publish, or create derivative works of any content or materials provided to you during the Program or teach or re-teach the material without the express consent of The Company. This includes posting content or materials on social media, sharing content with anyone who is not a Program participant, or otherwise using the content outside of the Program, including in an alumni or unofficial post-Program support group. For avoidance of doubt, this means you may NOT adapt or represent any part of the Program in any way as if it is yours or created by you, and you may not reprint or republish any part of the Program and Program materials for publication or compilation into your own products, programs or services for business/commercial use or in any way that earns you or a third-party money.
Any trademarks and logos displayed in the Programs and Program materials, including the “Cultivate Foundations ” trademark and tradename are trademarks belonging to The Company or its affiliates unless otherwise indicated. Any use, including framing, metatags or otherwise utilizing these trademarks, is strictly prohibited without The Company’s express written permission.
The Company fully supports and encourages Program participants to connect with one another outside of the Program. However, The Company does not allow its proprietary Program materials to be shared, re-taught, or re-distributed to others in any way outside of the Program.
11. Recordings and Use of Your Image and Posts
ALL ZOOM SESSIONS WILL BE RECORDED. PLEASE DO NOT SHOW YOUR FACE OR IMAGE IF YOU DO NOT WANT TO BE SEEN OR DO NOT WANT YOUR FACE/IMAGE RECORDED OR SHARED. DO NOT SHARE ANY INFORMATION YOU DO NOT WANT RECORDED, RE-DISTRIBUTED TO OTHERS.
By participating in the Program, you are consenting to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications that may be made by The Company that may contain you, your voice and/or your likeness. In The Company’s sole discretion, The Company reserves the right to use these photographs, videos, and or/audio recordings and/or any other materials created by The Company in connection with your participation in the Program, without compensation to you at any time, now or at any time in the future, including without limitation, for The Company’s marketing, advertising or promotional efforts.
You are also consenting to The Company at any time reproducing and/ or disseminating any testimonial(s) describing or otherwise referencing, either directly or indirectly, your experience participating in the Program, including any specific results experienced by you over the course of such participation. You agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to the Program. You further represent that any such statements or testimonials that you make shall be correct, accurate, and truthful. If you “tag” or otherwise include The Company in any social media post, you consent to The Company re-posting, sharing, or otherwise using your post and any media contained therein (“the Post”) for its own business purposes, including marketing. You hereby grant The Company an unlimited, fully-paid, non-terminable license, in perpetuity, to use the Post in any medium whatsoever, throughout the world, and to reproduce, create derivative works from, display, and distribute the Post for any purpose consistent with this Agreement.
12. Confidentiality and Privacy Policy
Please review our Privacy Policy for how all of your information is handled as well as your rights around such information.
Please respect the privacy of other participants. You are not permitted to share the personal information shared by other participants with anyone outside of the Program.
Please also choose carefully the information you voluntarily share for viewing by others in the Program, including any online live classes and sessions, any community forum such as private Facebook Group, any website or social media sites, as anything you share also can be seen, collected and used by others, and become public. Any personal information you voluntarily share as part of your participation in the Program, whether on any interactive community forum or in any live webinars or conference calls, or any other method of communications related to the Program and Program Content, is done at your own risk. The Company cannot guarantee your privacy for what you voluntarily share, and The Company is not responsible for any unauthorized use by others of such information that you voluntarily share.
13. Program Fees
Under the terms of this Agreement, The Company agrees to provide access to the Program and Program materials for a Program Fee. Your access to the Program is expressly conditioned on successful payment of the Program Fee.
14. No Refund Policy
The Company maintains a strict no-refund policy for its Programs. You acknowledge and understand that your participation and membership in this Program means you are affirmatively seeking the benefits offered by the Program and you are taking full responsibility for your own success. You acknowledge your success depends upon your good-faith participation and application of the tools provided in the Program. Thus, you agree that you will not request a refund and no refunds need be issued for any reason other than in The Company’ sole discretion.
15. No Warranties
The Company provides the Program without any warranty of any kind and does not guarantee any result from your participation in the Program. You take full responsibility for your own action, inaction, and success.
There is no warranty of fitness for a particular purpose, merchantability, non-infringement, or any other warranty.
16. Termination and Survival
While rare and unexpected, The Company may terminate this Agreement at any time in its discretion upon notice to you. Upon completion of the Program or termination of this Agreement, Sections 7, 8, 9, 11 and 12 remain in effect and in their entirety.
17. Breach of Agreement
If you breach any term of this Agreement, your membership and participation in the Program, including access and license to Program materials, will end immediately without refund.
You acknowledge that your breach of this Agreement at any time, during or after your participation in the Program, may cause damages to The Company, its owners, and/or other Program participants, and you may be held liable for these damages, including any costs or fees (including attorney’s fees) incurred in enforcing this Agreement.
18. Amendments to Agreement
The Company reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement atwww.shopcultivatefoundations.com and/or by emailing you with updated terms. By continuing to use the Program you are agreeing to the updated version of the Agreement.
19. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Connecticut where the Company is registered, regardless of the conflict of laws principles.
20. Good Faith and Conflict Resolution
It is hoped that you will have no dispute with The Company or our Program. However, if you are feeling unsatisfied by any part of the Program, you agree to reach out to us so that we may work to address any issues in a timely fashion. Failure to do this constitutes a breach of this Agreement.
Please address concerns or any issues you may have with the Program in the appropriate channels, which include an email to [email protected] us so we can address your concerns. It is our goal to serve you the best we can, and we welcome your concerns or feedback.
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