Terms & Conditions
Last Modified: April 22, 2023
2. Parties. The term “you” or “your” refers to any user, purchaser, or visitor of cynthiahealth.com (“the Website”), including any content, services, functionality, mobile applications, downloadable materials, courses, webinars, and masterclasses, (“the Services”). By using this Website you agree that you are at least 18 years old or of legal age in your applicable jurisdiction and eligible to form a binding contract with the Company. The term "Client" refers specifically to purchasers of Coaching Sessions. The term "Coach" refers specifically to Company staff delivering Coaching Sessions to Client. Collectively, you and Company will be referred to as “the Parties.”
6. Access and Use of Website. Company reserves the right to modify or discontinue the Website or Services, or any part thereof, temporarily or permanently, with or without notice. You agree that Company will not be liable if for any reason all or any part of the Website or Services are unavailable at any time or for any period.
7. User Account. If you are provided with a username, password or any other account information, you must treat such information as confidential. You may not provide your username, password or other account information to another person or provide any other person with access to the Website or Services using your username, password, or other security information. You agree to notify us immediately of any authorized access to or use of your account, username or password. You agree to exit your account at the end of each session and exercise caution when accessing an account from a public or shared computer so that others are not able to view or record your personal information.
8. Intellectual Property Rights. All content and features on the Website, including but not limited to information, software, images, text, designs, graphics, video, audio, and the arrangement thereof, are owned by the Company, its licensors or other providers of such material, and are protected by copyright, patent, trademark, trade secret and other intellectual property or proprietary rights laws. The Company name, trademarks (including but not limited to Cynthia Health, Dr. Michele Ross, Fibro University, and Vitamin Weed), the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its licensors. You may not use such trademarks or other intellectual property belonging to the Company without the prior written consent of the Company.
9. Website For Personal Use. The Website and Services are solely for personal and non-commercial use. You may not use the content or other materials for any commercial purpose or for any noncommercial or commercial public display.
10. No Reproduction. You may not reproduce, distribute, modify, create derivative works of, republish, transmit, sell, resell, or exploit any of the material on the Website, except and only except as follows: i) You may print or download one copy of a reasonable number of pages of the Website solely for your own personal, non-commercial use; ii) If Company provides desktop, mobile or other applications for download you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.
11. Copyright Infringement Notice. If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Company of your claim at [email protected].com, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). To be effective your notification must be in writing and include the following information:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- Your address, telephone number and email address;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on behalf of the owner.
12. Repeat Infringer Policy. In accordance with the DMCA and other applicable law, the Company has a policy of terminating the user accounts of repeat infringers. We may also at our sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
13. User Contributions. By submitting a comment, photo, video or other materials onto our Website, you agree that we have a non-revocable commercial license to republish your submission in whole or in part, unless you explicitly state in writing that we do not have such permission.
14. Fees. Fees for all Products and Services including Coaching Sessions, Consultations, Products, Books, Courses, Webinars, Masterclasses, and Memberships are set forth on the Website. We reserve the right to change the fees at any time.
15. Refund Policy. Due to the digital nature of our Products and Services on the Website, we WILL NOT offer any refund or returns for any Products or Services sold for any reason. Services with missed sessions may be rescheduled and may be subject to a no-show fee as outlined in our Coaching Cancellation Policy. All Coaching Sessions must be scheduled or rescheduled within 6 months of purchase and NO REFUND will be given for unused Coaching Sessions.
17. Recurring Subscriptions. By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your Monthly Subscription at any time. There are no full or partial refunds for any reason.
By purchasing an Annual Subscription, you agree to an initial pre-payment for one full year of service. After one year and annually thereafter, you will be billed a recurring Annual Subscription renewal fee at then-current Annual Subscription rate. We will notify you before the renewal fee is billed. You may cancel your Annual Subscription any time before the next billing cycle. Unwanted renewals of Annual Subscriptions have a grace period of 48 hours after billing to request refund. No full or partial refunds of Annual Subscriptions are given after 48 hour grace period for any reason.
18. Coaching Sessions. Coaching Sessions can be accessed via the Coaching Product purchased found in your Library (https://cynthiahealth.com/library). All scheduling, rescheduling, and Zoom video sessions happen within the Coaching Product. Please familiarize yourself with the Coaching Product and know where the Zoom video button is to start your session at least 24 hours before your Coaching Session, as not knowing where your Coaching Session start button is IS NOT a valid reason for a refund. If you are more than 15 minutes late or miss your session due to lack of preparation for the video session, you will be charged a $50 no-show fee according to our Coaching Cancellation Policy.
For best results, please use Coaching Product on a computer versus a tablet or phone. Please close all browser tabs except for Coaching Product to get best video quality. Please use high-speed wifi versus cellular service if possible. Please use headphones if you are not in a private location or are in a noisy one!
Make sure your video camera is working on your computer, tablet, or phone, and make sure that the Zoom Video program has access rights to your video and audio at least 5 minutes before your session starts (aka you can be seen & heard by your coach!) Time spent educating you on how to use Zoom can take away from the limited coaching time available in the Coaching Session, and it's best you are just ready to go! But, we understand sometimes there are technical issues and we are here to help once you start the call!
If the video call cannot be completed due to Website or Company technical error (the Kajabi platform has crashed, Zoom platform has crashed, Coach has left Coaching Session early and has not returned) the entire or partial Coaching Session will be rescheduled at Client's convenience according to the Coaching Cancellation Policy.
If the video call cannot be completed in part or full due to an error on the Client (Client has poor wifi/internet connection, Client cannot get their video and/or audio to work despite best efforts by Company, Client leaves Coaching Session early and does not return, etc.), the entire call may be rescheduled with a $50 no-show fee at Client's convenience depending on length of call already delivered according to the Coaching Cancellation Policy.
19. Coaching Cancellation Policy. A $50 no-show fee applies to the following events, which must be paid by the Client before the rescheduled session is delivered by the Company:
- Client reschedules Coaching Session less than 24 hours before the original scheduled session.
- Client misses Coaching Session completely without rescheduling prior.
- Client is more than 15 minutes late to their Coaching Session.
- Client turns on Coaching Session but does not know how to turn on both their audio or video due to poor preparation for their session and Company cannot assist Client to turn on their audio and video within 15 minutes.
- Client turns on Coaching session but does not have strong enough wifi/internet connection to start or continue the Coaching session within first 15 minutes.
- Client is on an active Coaching Session for 15 minutes or less and leaves without returning for any reason not due to Company or Website (including personal emergencies, etc).
All Coaching Sessions must be rescheduled within 6 months of purchase and NO REFUND will be given for unused Coaching Sessions.
If a Client is on an active Coaching Session for more than 15 minutes and then leaves Coaching Session without returning for any reason not due to Company or Website, they WILL NOT receive a partial refund or the ability to reschedule the Coaching Session with or without a no-show fee. The Coaching Session will be considered complete and Client will be contacted to book a Follow-Up Coaching Session.
Coaching Sessions that are canceled or cannot be completed for any reason by the Company or Website are not subject to any fee, and the Company will attempt to reschedule the full or partial Coaching Session with Client within 24 hours of the scheduled session. If the Client prefers a refund instead of rescheduling the Coaching Session, a full or partial refund WILL be provided in this case due to the inconvenience of the Company failing to deliver Services at the agreed time.
21. Third-Party Website Links. If Company, its Website or Services provide links to other sites and resources provided by third parties, including links in advertisements or sponsored links, these links are provided solely for your convenience. Company cannot control the contents of third party websites and if you choose to access third party websites you do so at your own risk. Company is not responsible for and does not endorse such third party sites. You agree that Company will not be liable for any loss or damage that may arise from your use of them.
23. Mobile Services. The Service may include certain services that are available via mobile device “Mobile Services.” To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text messages or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
25. Website Monitoring and Enforcement. We have the right to monitor User Content and to remove or refuse to post any User Content for any or no reason in our sole discretion. We have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or User Content.
27. General Disclaimer. To the fullest extent permitted by law, we expressly disclaim any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website and Services, including without limitation any liability for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of contracts; damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the Parties, whether caused by negligence, breach of contract or otherwise. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website or that the Website will otherwise meet your needs or expectations. Neither the Company nor anyone associated with the Company warrants that the Website, Services, its related content, or any services obtained through the Website will be error-free, accurate, reliable, or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free from viruses or other harmful components. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. The Website and Services are for informational/educational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Company shall not be liable for any and all liability arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. We are not medical, legal, financial or other professionals, or if we are, we are not acting in any professional capacity, including medical, legal, financial or otherwise. Nothing on this Website and Services should be construed as medical, legal, or financial advice.
28. Warranties Disclaimer. Your use of this Website, its content, Services or items obtained through the Website is at your own risk. The Website, its content, Services or items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
29. Results Disclaimer. While we may reference certain results, outcomes or situations on this Website or Services, you understand and acknowledge that we make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for you as a result of these statements. You understand that individual results and outcomes will vary. We cannot guarantee your success merely by your access, purchase or completion of any material or products on the Website and Services. Any results displayed on the Website or Services are not guaranteed or typical. Company provides educational and informational resources that are intended to help the users of this Website succeed, i.e. reduce chronic pain with alternative treatments such as cannabis or kratom, heal past trauma through psychedelic integration; however Company does not guarantee any specific results or outcomes arising from this education. You recognize that your success is dependent on your own efforts, your particular situation, and other circumstances beyond the control and/or knowledge of Company.
30. Third-Party Disclaimer. We are not liable for any defamatory, offensive or illegal conduct of any third parties. To the fullest extent permitted by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, programs, data or other proprietary material due to your use of the website or any services or items obtained through the Website. Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and will not be responsible for them or any loss that may result from their use.
31. Technology Disclaimer. We make reasonable efforts to provide you with modern, reliable technology. However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure. The Website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all information on the Website and Services are completely accurate, complete or up to date, and disclaim liability for any such errors or omissions.
32. Medical Disclaimer & Assumption of Risk. By accessing the Website, its Services and related material, whether paid or unpaid, you assume the risk of your access and any subsequent actions you choose to take as a result of the informational or educational materials provided to you. Your use of this Website is solely at your own risk and you expressly agree not to rely upon any information contained in this Website or in the resources available for download through the Website as a substitute for professional medical advice, diagnosis, or treatment. Your use of this Website, including implementation of any suggestions and/or recommendations set out in our downloadable resources, Products, or Services available through the Website, does not create a doctor-patient relationship.
34. Limitation on Liability. In no event will our Company or its directors, employees, Coaches, or agents be liable to you or any third person for any direct, indirect or consequential loss or damage incurred in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it.
36. Entire Agreement. This Agreement constitutes the final, exclusive Agreement between you and Company regarding the use and access of the Website. All earlier and contemporaneous agreements, negotiations, understandings, representations and warranties between the you and Company regarding the Website are expressly merged into and superseded by this Agreement.
37. Contact. This Website is operated by Infused Partners LLC dba Dr. Michele Ross. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to [email protected].
39. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule.