Digital Course/Digital Product Purchase Terms & Conditions
1. User’s Acknowledgment & Acceptance of Terms
BY COMPLETING YOUR PURCHASE, YOU ARE CONSENTING TO THESE TERMS AND
CONDITIONS:
Throughout these Terms, “we”, “us”, and “our” refer to The Vital Elm, LLC. The Vital Elm, LLC offers this
Digital Course/Digital Product, including all content, information, products, resources, downloads, tools,
and services available from this Site to you, the User, conditioned upon your acceptance of all terms,
conditions, policies, and notices stated here. The terms “user,” “you” and “your” refers to Site visitors,
customers, and any other purchaser of the course(s) and/or digital products.
By visiting this site and/or purchasing a digital product from this site, you engage in our “Service” and
agree to be bound by the following terms and conditions (“Terms of Service”, “Terms of Use”, “Terms and
Conditions”, “Terms”), including those additional terms and conditions and policies referenced here and/or
available by hyperlink. These Terms apply to all users, including, without limitation, users who are
browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms carefully before purchasing and accessing the Digital Course/Digital Product. By
accessing or using any part of the Site/Service, you agree to be bound by these Terms. If you do not
agree to all the terms and conditions of this Agreement, then you should not purchase nor access the
course, digital product, website, or use any services. By using the Site or Service, you agree to these
Terms and Conditions, without modification, and acknowledge reading them.
We reserve the right to update, change, or replace any part of these Terms by posting updates and/or
changes to our platform/course hosting platform/website. It is your responsibility to check the appropriate
page periodically for changes. Your continued use of or access to the Digital Course/Digital Product
following the posting of any changes constitutes acceptance of those changes.
2. PURCHASE TERMS & REFUND POLICY
(a) By agreeing to these Terms, you represent that you are at least the age of majority in your state,
jurisdiction, or province of residence and you have given us your consent to allow any of your minor
dependents to use this Site, if applicable. Children under the age of 18 are prohibited from using the Site
and Digital Course/Digital Product without a parent or guardian’s consent.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site
and/or Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You agree to not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of these Terms will result in an immediate termination of your Services.
(b) Refund Policy. Due to the digital nature of our products and the time it takes to create them, we do not
offer refunds after purchase for any reason. If you’re not satisfied with your purchase, please share your
concerns with us via email at hello@thevitalelm.com and we’ll do our best to make things right.
(c) You agree to not dispute any purchase charges with your financial institution at any time. In
the event that you inadvertently dispute a charge made to your account in connection with a
purchase made through this website, you agree to immediately cancel/withdraw such a dispute.
You understand that disputing a charge through your financial institution is a violation of this Agreement
and you agree to not do so. You are responsible for any fees, including attorneys' fees, associated with
recouping payment on outstanding payment and/or disputes and any collection fees associated with such
an event. We reserve the right to forward any default on payment to a collection’s agency.
3. GENERAL CONDITIONS
(a) License Terms. Company agrees to provide access to the Digital Course/Digital Product, “Balance &
Bloom: Fertility Blueprint” (herein referred to as “Digital Product/Course” “Course” “Product” “Digital
Product”) as outlined on the original web page where You register, which may include digital or
downloadable resources, an online course, trainings online in private forums operated by Company (for
any purpose), whether on a website hosted by Company or a third-party website such as an online
course-hosting platform.
As a condition of purchasing access to the Digital Course/Digital Product, you agree to be bound by and
to abide by all policies and procedures set out in this Agreement, including those incorporated by
reference.
Company may periodically make updates to the core content of the Digital Course/Digital Product, and
you will have access to updated materials for as long as Company continues to offer the Digital Course/
Digital Product to its customers, which is what is referred to as “Lifetime Access” in our marketing
materials.
From time to time, the Company may offer bonuses to individuals who sign up for the Digital Course/
Digital Product. 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 program and they vary
depending on specific campaigns or promotions throughout any given year.
(b) You expressly agree not to sell, resell, publish, reproduce, duplicate, copy, or exploit any
portion of this Digital Course/Digital Product, the Service provided, the Products provided, use of
the Service/Products, or access to the Service/Products, or any contact on the website through
which the service/products are provided, without express written permission by us.
You also agree to not input or make available the content of this Digital Course/Digital Product to
any artificial intelligence (A.I.) machine or platform, such as ChatGPT or any other A.I. platform
used to produce content of any kind. Doing so is considered infringement and is prohibited under
this Agreement.
We are not responsible if information made available on this Site or within the Digital Course/Digital
Product is not accurate, complete, updated, or current. The material on this site is provided for general
educational purposes only and should not be relied upon or used as the sole basis for making decisions,
related to your business, health, finances, or otherwise, without consulting primary, more accurate, more
complete, or more timely sources of information. Any reliance on the material on this Site or within
the purchased Digital Course/Digital Product is at your own risk. We reserve the right to modify the
contents of this site and within the Digital Course/Digital Product at any time, but we have no obligation to
update any information on our site. You agree that it is your responsibility to monitor changes to our site
or digital courses/products.
(c) You understand that the information presented in any course, resource, product, or program
via this Site is not legal, financial, therapeutic, mental healthcare or medical advice and Company
is not a law firm. All of the information provided throughout the Site and Digital Course/Digital Product,
including the resources delivered via phone/video conference, e-mail, in an online forum, live events
including webinars and video/audio recordings educating about business, laws, health, wellness, and/or
finance-related information, are resources for educational and informational purposes only and should not
take the place of hiring a licensed professional. You understand that Company does not and will not
provide any form of diagnosis, legal advice, medical advice, financial advice, or mental health
advice via the Site, email, or any other form of communication. Any coaching calls, information, or
suggestions provided or purchased by you from the Company are provided for educational
purposes and to help you make a better informed decision around your health and but are not
intended as medical advice. It is ultimately up to you to make the final decision regarding the best
choice for your health needs.
The Vital Elm, LLC reserves the right to refuse service and terminate accessibility to the product(s) to
anyone for any reason at any time.
You understand that your information (not including payment or credit card information), may be
transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices. Payment and credit card
information is always encrypted during transfer over networks.
(d) Third-Party Links. This Digital Course/Digital Product may contain references or links (including
affiliate links) to materials from third-parties. Reference to any third-party products, services, websites,
processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not
constitute or imply endorsement, sponsorship or any formal affiliation with us. We are not responsible for
examining or evaluating the content or accuracy and we do not warrant and will not have any liability or
responsibility for any third-party services, materials or websites, or for any other materials, products, or
services of third-parties. We are not liable for any harm or damages related to the purchase or use of
goods, services, resources, content, or any other transactions made in connection with any third-party
websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to
the third-party.
4. ACCOUNT CREATION
In order to use the Site and/or any products purchased, you may be required to provide information about
yourself including your name, email address, username, password, and other personal information. You
agree that any registration information you give to The Vital Elm, LLC will always be accurate, correct,
and up to date. You agree to not impersonate someone else or provide account information or an email
address other than your own. Your account must not be used for any illegal or unauthorized purpose. You
must not, in the use of the Site and/or any products purchased, violate any laws in your jurisdiction. In the
event that your account is compromised, you agree to notify us in writing (via email) immediately and
change your password. Any violation of these terms are grounds for removal and banishment from the
Site at our discretion. No refunds, partial or otherwise, will be provided in this type of situation.
5. LAWFUL PURPOSES
You may use the Site and/or any products purchased for lawful purposes only. You agree to not post or
transmit through the Site any material which violates or infringes the rights of others, or which is
discriminatory, harmful, racist, unethical, threatening, abusive, defamatory, libelous, invasive of privacy or
publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes,
or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil
liability, or otherwise violate any law. Doing so is grounds for termination of service, at our discretion. No
refunds, partial or otherwise, will be provided in this type of situation.
Infringement Notification. The Vital Elm, LLC respects the rights of others and we expect users of our
Sites, Products, and Services to do the same. This Agreement prohibits the infringement of the copyrights
of others, and it is also Company’s policy that Company may remove, suspend, terminate access, or take
other appropriate action against repeat offenders. We may also remove content that in our sole discretion
appears to infringe the intellectual property rights of others.
How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that
content residing on or accessible through our online forum or Site infringes a copyright which you own or
for which you are a designated agent, please send a notice of infringement by email or regular mail to The
Vital Elm, LLC by both of the following means:
Email: hello@thevitalelm.com
Address: 18018 Overlook Loop Ste. 105 #443 San Antonio, TX 78259
In any such notice, please include sufficient information to address the items specified below:
- Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are
covered by a single notification, provide a representative list of such works.
- Identify the material that is claimed to be infringing or to be the subject of infringing activity.
Include information reasonably sufficient to permit The Vital Elm, LLC to locate the material.
- Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that
you claim to be infringing.
- Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
- Include details of your claim to the material, or your relationship to the material’s copyright holder.
- Provide your full name, address, and telephone number should we need to clarify your claim.
- Provide a working email address where we can contact you to confirm your claim.
- If true, include the following statement: “I have a good faith belief that use of the copyrighted
materials described above as the allegedly infringing web pages is not authorized by the
copyright owner, its agent, or the law.”
- If true, include the following statement: “I swear, under penalty of perjury, that the information in
the notification is accurate and that I am the copyright owner or am authorized to act on behalf of
the copyright owner to make this complaint.”
- Sign the document, physically or electronically.
6. ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery. In
the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as
possible: hello@thevitalelm.com
7. PRODUCT DESCRIPTION
We endeavor to describe and display the Site and/or any products available for purchase as accurately as
possible. While we try to be as clear as possible in explaining the content of our products, please do not
accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in
pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
8. PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or
services may have limited quantities and are subject to return or exchange only according to our Return
Policy.
We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person,
geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the
right to limit the quantities of any products or services that we offer. All descriptions of products or product
pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right
to discontinue any product or service at any time. Any offer for any product or service made on this site is
void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or
obtained by you will meet your expectations, or that any errors in the Digital Course/Digital Product, Site
or Service will be corrected.
9. PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our
full Privacy Policy, visit: www.thevitalelm.com
10. OUR INTELLECTUAL PROPERTY
This Site and Service contain intellectual property owned by The Vital Elm, LLC including, but not
limited to, trademarks, copyrights, proprietary information and other intellectual property as well
as the The Vital Elm, LLC name, logo, any and all designs, text, graphics, digital products, other
files, and the selection and arrangement of such. You may not modify, publish, transmit,
participate in the transfer or sale of, create derivative works based on, distribute, display,
reproduce, or perform, or in any way exploit in any format whatsoever any of the Site, Service
Content, Course and Program Materials, or other intellectual property, in whole or in part without
our prior express and written consent. We reserve the right to immediately remove you from the Site
and/or any products purchased, without refund, if you are caught violating this intellectual property policy.
(a) The Vital Elm, LLC™, The Detox Diaries Collective™, The Detox Diaries™, Balance & Bloom: Fertility
Blueprint™, and Natural Fertility Without IVF, IUI, Meds, or Hormones™ are trademarks exclusively
owned by The Vital Elm, LLC.
(b) No Resale Permitted. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit
for any commercial purposes, any portion of the Site and/or products purchased via the Site
(including educational or informational materials), use of the purchased materials/products, or
access to any course or products purchased. This agreement and all product(s) purchased are not
transferrable or assignable without the Company’s prior written consent.
(c) You agree to not share access to the digital product(s) purchased or other proprietary
materials with others. This includes parties that have not purchased the products, or any other third-
party that Company has not authorized access to.
11. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services and products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Digital Course/Digital Product (or any part or
content provided) without notice at any time. If discontinued within sixty (60) days of your purchase,
Company agrees to provide a refund.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or
discontinuance of the Product/Service.
12. NO GUARANTEES
(a) We cannot guarantee any outcome of using or consuming the Digital Course/Product, the
Services, and/or participation in any Program. We make no guarantees other than that the Digital
Course/Product described in the Digital Course/Product description shall be reasonably provided to you in
accordance with this Agreement. You acknowledge that Company cannot guarantee any results of the
Digital Course/Product as such outcomes are based on variable factors (including, but not limited to, your
participation/implementation/market conditions/personal circumstances, etc.) that cannot be controlled by
Company. Any testimonials or reviews shared by Company are not a representation of guaranteed or
typical results, only possible results. User not achieving his or her desired results is not grounds for a
legal claim or refund, partial or otherwise.
(b) Company may provide (within the Digital Course/Digital Product, on its website or via email, for
example) third-party affiliate links under which Company may benefit monetarily. Company in no way
guarantees the quality of product or service provided by any third-party and bears no liability with respect
to such service or experience.
13. NON-DISPARAGEMENT
You agree to refrain from making any statements or comments of a defamatory or disparaging nature to
any third-party regarding Company, or any of Company’s officers, directors, employees, personnel,
agents, policies, services or products, other than to comply with law. This provision in no way restricts
your ability to communicate reviews or performance assessments about Company’s goods or services.
14. CONFIDENTIALITY
Your Information. Please refrain from sending Company and its representatives any confidential
information. If there is a group forum included in your purchase (for example, a community forum like a
Facebook Group or Mighty Networks Group) you understand and agree to not publish any information in
any such community with any expectation of privacy or confidentiality.
15. LIMITATION OF LIABILITY & RELEASE OF CLAIMS
You agree that under no circumstances shall Company be liable for direct, indirect, incidental,
consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site,
Service, or Digital Course/Digital Product. Additionally, The Vital Elm, LLC is not liable for damages in
connection with (i) any failure of performance, error, omission, denial of service, attack, interruption,
deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of
revenue, anticipated profits, business, savings, goodwill or data; and (iii) third-party theft of, destruction
of, unauthorized access to, alteration of, or use of your information or property, regardless of our
negligence, gross negligence, failure of an essential purpose and whether such liability arises in
negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if The Vital Elm,
LLC has been advised of the possibility of or could have foreseen the damages. In those states that do
not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible
extent permitted by law. In no event shall The Vital Elm, LLC cumulative liability to you exceed the total
purchase price of the Digital Course/Digital Product you have purchased from The Vital Elm, LLC and/or
www.thevitalelm.com and if no purchase has been made by you, The Vital Elm, LLC cumulative liability to
you shall not exceed $1.
In consideration for accessing the Digital Product/Digital Course, You agree to release Company
from liability and waive your right to sue Company, their employees, contractors, coaches,
officers, volunteers and agents from any and all claims, including claims of the Company’s
negligence, resulting in any physical injury, illness (including death) or economic loss you may
suffer or which may result from your participation or consumption of this Digital Product/Digital
Course or any events incidental to your participation or consumption of this Digital Product/
Digital Course.
16. INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements,
liabilities, costs, charges, assessments and expenses, as well as third-party claims and causes of action,
including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and
Conditions, or any use by you of the Site, Course, Products, or Service. You shall provide us with such
assistance, without charge, as we may request in connection with any such defense, including, without
limitation, providing us with such information, documents, records, and reasonable access to you, as we
deem necessary. You shall not settle any third-party claim or waive any defense without our prior written
consent.
17. CHANGES TO POSTED TERMS
We may at any time amend these Terms of Use. Such amendments are effective immediately upon notice
to you by us posting the new Terms on this Site. Any use of the Site or Service by you after being notified
means you accept these amendments. We reserve the right to update any portion of our Site and Service,
including these Terms at any time. We will post the most recent versions to the Site and list the effective
dates on the pages of our Terms.
18. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and The Vital Elm, LLC pertaining to this
Site, Products, and Service and supersedes all prior and contemporaneous agreements, representations,
and understandings between us. No waiver of any of the provisions of this Agreement by The Vital Elm,
LLC shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding
unless executed in writing by The Vital Elm, LLC
19. NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and
properly addressed as follows:
The Vital Elm, LLC
18018 Overlook Loop Ste. 105 #443
San Antonio, TX 78259
E-mail address: hello@thevitalelm.com
20. GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Texas
as applied to contracts that are executed and performed entirely in Texas. The exclusive venue for any
arbitration or court proceeding based on or arising out of this Agreement shall be Bexar County, Texas.
The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this
Agreement by mediation, which shall be conducted under the then current mediation procedures of The
CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the Parties may
agree. The parties further agree that their respective good faith participation in mediation is a condition
precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or
other dispute resolution procedures.
21. RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement,
or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the
provisions of this Agreement, you shall be responsible for recovering reasonable attorneys’ fees and other
costs incurred in that action or proceeding to The Vital Elm, LLC, in addition to any other relief to which
the Company may be entitled.
22. SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of
competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full
force and effect and shall in no way be affected, impaired, or invalidated.
23. ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the Parties’ successors and assigns. These
Terms and Conditions are not assignable, delegable, sub-licensable or otherwise transferable by you. Any
transfer, assignment, delegation or sublicense by you is invalid.
Questions about these Terms and Conditions? Email us at hello@thevitalelm.com.