These Terms of Purchase and Use (these “Terms”) set forth the terms and conditions by which Intuitive Enterprises, LLC., a North Carolina limited liability company (“Intuitive”, “us”, “our”, and “we”) makes available the purchase, access and use of our videos and related materials (collectively, the “Videos”) on or through our website at www.wellbodyreset.com (the “Site”). These Terms apply to you, a purchaser of the Videos, and constitute a binding legal agreement between you, as an individual, (“you”) and us. By purchasing, viewing, accessing or otherwise using the Videos, you agree to be bound by these Terms. IF YOU DO NOT AGREE TO THE TERMS, DO NOT CHECK THE "I ACCEPT” AT THE END OF THE AGREEMENT OR THE INDIVIDUAL CHECK BOXES NEXT TO EACH SECTION BELOW AND DO NOT PURCHASE VIEW, ACCESS OR OTHERWISE USE THE VIDEOS.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS. YOU MUST BE AT LEAST 18 YEARS OLD TO PURCHASE, VIEW, ACCESS OR USE THE VIDEOS. THE VIDEOS ARE NOT INTENDED TO BE USED BY INDIVIDUALS UNDER THE AGE OF 18. IF YOU ARE NOT AT LEAST 18 YEARS OLD, OR DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT VIEW, ACCESS AND/OR OTHERWISE USE THE VIDEOS. Intuitive may change these Terms at any time by posting the amended Terms on the Site. Your purchase, viewing, access or use of the Videos after the date the amended Terms is effective will constitute your acceptance of the amended Terms.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 11) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
- No Doctor-Patient Relationship; Not Medical Advice
NO DOCTOR-PATIENT RELATIONSHIP WITH DR. HARRIET NG HANSELL, MD, OR ANY OTHER PARTY IS CREATED BY OR THROUGH PURCHASE, VIEWING, ACCESS OR ANY OTHER USE OF THE VIDEOS OR FOLLOWING ANY PROGRAM DESCRIBED IN THE VIDEOS. The Videos do not constitute individualized or customized medical or healthcare advice for you.
You understand and agree that Intuitive is not a medical professional or healthcare provider and nothing provided or presented through the Videos should be construed as medical advice. Any content or data presented through use of the Videos is for informational and entertainment purposes only and is not a substitute for the professional judgment of your health care providers. The Videos or any program or practice described in the Videos should be used in concert with your own physician or healthcare provider’s directives. You agree that you have consulted with your own healthcare provider regarding use of the Videos or any program or practice described in the Videos. Always seek the advice of your physician or other healthcare provider before attempting, following or changing any treatment or healthcare regimen, including those described in the Videos. Only your physician can provide you with advice on what is safe, appropriate and effective for you.
If you have any questions regarding any condition, treatment, recommendations, regimen, warnings or information provided in the Videos, please contact your physician or other healthcare provider. You specifically agree that you will not disregard professional medical advice or delay in seeking it because of the content of the Videos. Use of the Videos and any content presented therein is solely at your own risk and Intuitive, and its directors, officers, employees, consultants, agents, or other affiliates are not responsible or liable for any loss or damage of any kind that may result from your use of the Videos or reliance on any content made available to you through the Videos.
- Health and Fitness Disclaimer
We urge you to consult your physician or other health care professional before starting any wellness, fasting, exercise, fitness or other health or wellness program, including any program or practice described in the Videos, to determine if it is right for your needs. This is particularly true if you have a history of diabetes, are suffering from depression, severe anxiety or have thoughts about self-harm (or harming others) or if you have, or have a history of, anorexia or other eating or food-related disorder. If you have been prescribed and are taking any insulin, metformin, other diabetic agents or other medications that may be affected by a change in your nutrition, eating habits, exercise program or other lifestyle changes, you should consult with your physician prior to starting or following any of the programs or practices described in the Videos. Do not take any supplements or other medicines or pharmaceutical agents or start this or any other wellness program without consulting your personal physician or health care provider. If in the course of participating in any program or practice described in in the Videos, you find yourself feeling unwell or having difficulty or are unable to continue, please immediately discontinue the program or practice and consult a physician or healthcare provider. Do not start or continue the programs or practices described in the Videos if you are currently pregnant, become pregnant or are breastfeeding.
You are solely responsible for your use of the Videos and any contents presented therein. Intuitive is not responsible or liable for any illness or injury that may result from following or implementing any of the programs or practices shown in the Videos or any content presented therein. You agree to accept all risks associated with any program, regimen, or practices or recommendations presented in the Videos and that you will not hold Intuitive liable for any injury or illness that may occur.
You understand and agree that the Videos are intended only as a tool for use in conjunction with advice and recommendations from your healthcare provider. You also understand, acknowledge and agree that the persons presented in the Videos are meant to be examples with mental, emotional and physical health, conditions, and circumstances that may not be similar to yours and the results shown may vary for you and your use of the Videos. You understand and agree that Intuitive does not and will not provide any medical or healthcare support or advice. You must contact your healthcare provider for any questions relating to any medical or health conditions and concerns. If you are interested in personalized medical care, including functional medicine, you should seek your own functional medicine provider. The Videos are not intended as a recommendation for any medical program or provider.
- Information for Purchase; Authorized Individuals
The Videos will be made available for purchase, viewing, access and use through the Site for a fee (the “Purchase Price”). All pricing information and payment terms will be communicated to you at your point of purchase. You will be required to pay the full amount of the Purchase Price prior to being granted access to view or otherwise use the Videos. Intuitive is not a bank, money services business, or a payment processor. All payments for the Videos are processed through a third-party payment services provider. Your relationship with Intuitive is separate from your relationship with the third-party payment services providers and the payment of any funds shall be governed by the terms of services of the payment services provider.
- Intuitive Proprietary Rights
Intuitive owns all proprietary rights to the Videos and all content in the Videos, except for your Personal Information. Intuitive grants you a personal, revocable, non-assignable, and non-exclusive license to access, view and use the Videos in accordance with these Terms. You may view, access, and use the Videos solely for your own personal, noncommercial use. All rights in and to the Videos other than as expressly granted herein are reserved by Intuitive. If you provide us with any feedback or suggestions regarding the Videos (“Feedback”), you assign to Intuitive any rights in such Feedback and agree that we may use the Feedback in any manner we deem appropriate, without attribution or consideration to you including in developing new versions of the Videos or new content.
You shall not resell, license, sublicense, copy, modify, create derivative works of, publicly display or perform, republish, transmit or distribute or commercially exploit any of the Videos or any other proprietary content or material in the Videos. Except as expressly set forth herein, you have no right, title or license to any of Intuitive’s intellectual property. You further agree that you will not: (i) represent the Videos or any content in the Videos as medical facts or advice, or (ii) share the Videos or any portion of the Videos on social media or social networking (e.g. Facebook, YouTube, Instagram, LinkedIn) in any manner.
- Modification of and Access to Content
Intuitive may modify, update and create new versions of the content of its Videos (the “New Content”) at any time. If you desire access to the New Content, you must purchase the New Content at the price it is offered for sale by Intuitive at its points of purchase. Intuitive assumes no liability for any information modified or removed from the Videos as reflected in the New Content.
You will have access to view or otherwise use the Videos for as long as Intuitive is allowed to or chooses at its own discretion, to host them on the Site. Intuitive at its own discretion may choose to inform you prior to the modification or cessation of access to the Videos. Intuitive will not be obligated to refund any Purchase Price or pro-rata portion thereof should your access to the Site or Videos be discontinued for any reason.
- General Exclusion of Warranties
THE SITE AND VIDEOS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INTUITIVE DOES NOT WARRANT THAT THE SITE OR VIDEOS WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR-FREE. NEITHER INTUITIVE NOR ANY OF OUR SERVICE PROVIDERS MAKES ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE SITE AND VIDEOS, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER INTUTIVE NOR ANY OF OUR SERVICE PROVIDERS MAKES ANY WARRANTY THAT THE CONTENT IN THE VIDEOS SATISFIES GOVERNMENT REGULATIONS, ADDRESSES THE NEEDS OF YOUR PERSONAL SITUATION OR IS ACCURATE, COMPLETE OR UP-TO-DATE. THE VIDEOS ARE DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER INTUITIVE NOR ANY OF INTUITIVE’S SERVICE PROVIDERS MAKES ANY REPRESENTATION CONCERNING THE VIDEOS OR CONTENT IN ANY OTHER COUNTRY. WE MAKE NO WARRANTY OR GUARANTEE AS TO THE SUCCESS OF ANY PROGRAM DESCRIBED IN THE VIDEOS OR WHETHER YOU WILL OBTAIN SUCCESSFUL RESULTS BY FOLLOWING ANY PROGRAM IN THE VIDEOS.
- Limitation of Liability
NEITHER INTUITIVE NOR ANY OF ITS LICENSORS, FOUNDERS OR SERVICE PROVIDERS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE VIDEOS, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, WRONGFUL DEATH, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE VIDEOS, INCLUDING ANY CONTENT AVAILABLE ON THE VIDEOS, WHETHER OR NOT THERE IS NEGLIGENCE BY INTUITIVE AND WHETHER OR NOT INTUITIVE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE VIDEOS IS TO CEASE USE OF THE VIDEO. NEITHER INTUITIVE NOR ANY OF ITS LICENSORS, FOUNDERS, VENDORS OR SERVICE PROVIDERS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE PURCHASE PRICE YOU PAID FOR THE VIDEO. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION.
You agree to indemnify and hold Intuitive, its subsidiaries, affiliates, and their respective officers, agents, representatives, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, due to or arising out of your use of the Videos arising from a breach of these Terms.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Intuitive without restriction, in the sole discretion of Intuitive.
- Governing Law; Arbitration Agreement
These Terms are governed by and construed in accordance with the laws of the State of North Carolina.
Arbitration. Please read this Arbitration Agreement carefully. It is part of your contract with Intuitive and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Intuitive that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Intuitive, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Intuitive should be sent to: 3604 Shannon Rd Suite 100, Durham, NC 27707. After the Notice is received, you and Intuitive may attempt to resolve the claim or dispute informally. If you and Intuitive do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate or if the parties agree not to use AAA, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The arbitration shall be conducted by a single, neutral arbitrator. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or Intuitive pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Intuitive, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Intuitive.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Intuitive in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement. Nothing in this agreement limits either party's ability to seek equitable relief.
- General Legal Terms
Last modified: December 16, 2019