TERMS OF Service

IMPORTANT: By using our program and website, you agree to the following Terms of Use in their entirety.  If you do not agree to all of these Terms of Use, do not use this site or our product.


IMPORTANT FOR THOSE PURCHASING A PRODUCT. Please READ Carefully. By purchasing this product you (herein referred to as “Client”) agrees to the follow terms stated herein.

PROGRAM/SERVICE


Yellow Jersey, LLC.(herein referred to as “Talia Lavor,” “Yellow Jersey, LLC,” or “Company”) agrees to provide Program, “Wholistic Fertility” (herein referred to as “Program) identified in the online commerce shopping cart. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.

MEDICAL-RELATED DISCLAIMER


While Talia Lavor will educate you on lifestyle, dietary, and supplement choices that may enhance overall health and fertility, the contents and other material contained in the product(s) and on our website, including information, software, text, graphics,images, and communication (including but not limited to email, text, phone, video) and the arrangement thereof (collectively, “Content”) are for informational purposes only and are not a substitute for professional medical advice or treatment. This Content is not designed to replace, substitute, or delay medical advice from your doctor.   The information contained in this product and website is not intended and must not be taken to be the provision or practice of medical advice or services nor a substitute for medical advice, diagnosis or treatment.  If you have questions or concerns about your health or fertility, or would like more information, contact your doctor.  Always seek the advice of your doctor or other qualified health professional before starting or changing any treatment. Ultimately you assume all risk and liability regarding the use of this information.

FEES


The fee for Wholistic Fertility are the following five options: 1 payment of $297 (Beta Users Only, and only offer for beta users), 1 payment of $997 (due today), 3 monthly payments of $397, 1 payment of $1,997 (due today), or 12 monthly payments of $197 . If you select the 3 or 12 monthly payments, you will pay the first installment today, and $397 or $197 each month for an additional 2 or 11 months from the date of purchase, for a total payment of $1191 or $2,364 depending on which option you chose. If you choose to pick this option, you are responsible for all 3 or 12 payments unless a refund is requested according to the terms further outlined below. Please note that if you choose the 3 or 12 payment option, Talia lavor. and Yellow Jersey LLC retain the right to suspend access to any program if payments are not made as they are due. Further, if at any time if there is a past due payment, access to the program will be temporarily restricted until the account is in current financial standing. Each monthly invoice only indicates the payment and balance due for the current month listed on that individual invoice, and does not reflect the ongoing or remaining balance for the account. Should you have any account questions you can email wholisticfertility@gmail.com at any time.

METHODS OF PAYMENT


If Client elects to pay by monthly installments, Client authorizes the Company to charge Client’s credit card or debit card or PayPal Account. If Client elects to pay in FULL, Client may pay by credit card or debit card or PayPal Account.

WHOLISTIC FERTILITY REFUND POLICY


We want you to be satisfied with your purchase, but we also want you to give your absolute best effort to apply all of the strategies in the course. We offer a 60-day refund period for purchases. However, in order to qualify for a refund you must submit proof that you did the work in the course and it did not work for you. Please note, if you select the 3 or 12 month payment option we are not able to stop payments without a refund request being submitted and accepted.


In the event that you decide your purchase was not the right decision, within 60 days of enrollment, contact our support team at wholisticfertility@gmail.com, and let us know you’d like a refund by the 60th day at 11:59 EST. You must include your coursework with your request for a refund. If you request a refund and do not include your coursework by the 60th day, you will not be granted a refund.


The work that you need to submit with your request for a refund includes ALL of the following items:

  • Completed Worksheets from all 5 Modules
  • Results from laboratory studies listed in the Preconception Labs General Guide, as well as management plan if results were abnormal (from an outside medical provider)
  • Proof of office visit with a medical provider to discuss Preconception Labs by Condition, as well as plan moving forward.
  • List of specific actions taken to minimize Fertility Saboteurs (minimum of 10)
  • Completed Pantry Purge and Refrigerator Dump Checklist with proof (such as pictures, video)
  • Proof of steps taken to restock refrigerator, freezer and pantry according to guidelines in the course (includes shopping receipts as well as pictures and videos)
  • Proof that you have tried at least 20 of the recipes from the Recipe Round Up (list the recipe as well as include pictures with you in them).
  • Documentation of any supplements that you are taking (from an office visit with a provider)
  • Documentation of 2 ways of how you are supporting your gut bacteria (such as prebiotics or probiotics as well as photographic proof such as picture of the supplement bottle or food item)
  • Completed Wholistic Fertility Course Completion Guide and Checklist (including notes for each Action Item)
  • Documentation of fertility monitoring, symptoms and intercourse (may be in the form of a written or printed document or obtained from an app that you are using – to include dates of menstrual cycle, when ovulating if applicable and when intercourse occurred).

We will NOT provide refunds more than 60 days following the date of purchase. After day 60, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program.

Please note: If you opted for a payment plan and you do not request a refund within 60 days, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.


All refunds are discretionary as determined by Talia Lavor and Yellow Jersey, LLC. To further clarify, we will not provide refunds after the 60th day from your date of purchase 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.


If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: wholisticfertility@gmail.com.

LIMITED LICENSE

All Content are copyright. Talia Lavor owns and retains other proprietary rights in all Content available through this site.  Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Talia Lavor  or the respective copyright owner. Permission is granted to display, copy, and download the Content for your personal, noncommercial, and informational use only; provided that you may not, without the permission of Talia Lavor or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media, (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. Such permission also does not include, without limitation: (a) any sale, resale, or commercial use of the Content, or services obtained through this site; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted in this section, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Talia Lavor or any third party.


Talia Lavor hereby authorizes you to listen, download, and print Content published by on the Talia Lavor website solely for personal, non-public, and non-commercial use.  No other use of the information is authorized without prior written permission of Talia Lavor. Content is made for the use of the Client only (and their partner), and is not to be shared or used by or with any other user.

CLIENT RESPONSIBILITY


Program is developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any health endeavor, there is no guarantee that Client will reach their goals as a result of participation in the Program. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Company assumes no responsibility for errors or omissions that may appear in any program materials.

CONCEPTION AND RESULTS DISCLAIMER

Every effort has been made to accurately represent this product and its potential.


There is no guarantee that you will: get pregnant (conceive), maintain pregnancy, improve ovulation, improve sperm parameters, improve egg or sperm quality, minimize or eliminate the possibility of miscarriage, eliminate or minimize chromosome abnormalities, improve fertility procedure success rates, improve fertility treatment parameters, increase live birth rates, treat or manage other conditions or comorbidities, or achieve any other medical results using the techniques and ideas in these materials.

Examples in these materials are not to be interpreted as a promise or guarantee of the above mentioned results. Results potential is entirely dependent on the person using our product, ideas and techniques. We do not position this product as a “get pregnant quick scheme.”


Any claims made or examples of actual results can be verified with scientific studies and case studies upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, knowledge and various skills, as well as the medical and support team you are working with.. Since these factors differ according to individuals, we cannot guarantee your success. Nor are we responsible for any of your actions.

INDEMNIFICATION


You agree to indemnify and hold harmless Talia Lavor, its parents, subsidiaries, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your use of the Content, your violation of these Terms of Use, or your violation of any rights of a third party. The terms of this section survive any termination of the Terms of Use.

Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of my payment for the right to participate in Company’s  Programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Yellow Jersey, LLC/The Company and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.

LIMITATION OF LIABILITY

Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrolment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly.

NON-DISPARAGEMENT


The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

CHANGES TO CONTENT

Talia Lavor may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Content or any products available through the site, temporarily or permanently, including the availability of any features of the site or access to any parts of the site, at any time without notice to you, and you agree that Talia Lavor shall not be liable therefore.

Company may modify terms of this agreement at any time. All modifications shall be posted on the Company’s website and purchasers shall be notified.

TERMINATION

Notwithstanding any of these Terms of Use, Talia Lavor reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your license to use the Content and to block or prevent future access to and use of the Content. You agree that Talia Lavor shall not be liable for any termination of your use of or access to the Content.

Company is committed to providing all clients in the Program with a positive Program experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.

NOTICES


Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: wholisticfertility[at]gmail[dot]com. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter.

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