Terms

TERMS OF USE

Please read these Terms of Use (“Terms”) carefully before using this Website and/or before purchasing, downloading, and/or accessing a digital product.

The Website (https://www.platefulhealth.com/) and its Content is owned by Plateful Health, LLC (“Company”, “we”, or “us”). The term “you” refers to the user or viewer of the Website and customers.

Your use of the Website and/or purchase, download, and/or access of our digital products constitutes your voluntary acceptance to be bound by these terms, whether you have read them or have had the opportunity to read them and have chosen not to.

We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms at any time without notice, and it is your responsibility to review these Terms for any changes. Such amendments are effective immediately by us posting the revised Terms on the Website. Your use of this Website and/or purchase, download, or access of a digital product, will constitute your agreement and acceptance of the revised Terms.

If you do not agree with these Terms, please do not use the Website or its Content.

Use and Consent

The words, design, layout, graphics, photos, images, information, materials, documents, data, databases, digital products (including digital downloads and e-courses) and all other information and intellectual property accessible on or through this Website (“Content”) are our property and are protected by United States intellectual property laws.

By accessing or using this Website and its Content, you represent and warrant that you are at least 18 years old and that you agree to and to abide by these Terms. Any registration by, use of or access to the Website and its Content by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms.

Intellectual Property Rights

Our Limited License to You. This Website and its Content is property solely owned by us and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

If you view, purchase or access the Website or any of its Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

As a Licensee, you understand and acknowledge that this Website and its Content have been developed or obtained by us through the investment of significant time, effort and expense, and that this Website and its Content are valuable, special and unique assets of ours which need to be

protected from improper and unauthorized use. We clearly state that you may not use this Website or its Content in a manner that constitutes an infringement of our rights or that has not been authorized by us.

When you purchase or access the Website or any of its Content, you agree that:

You will not copy, duplicate or steal the Website or Content. You understand that doing anything with the Website or its Content that is contrary to these Terms and the limited license we are providing to you herein is considered theft, and we reserve our right to prosecute theft to the full extent of the law.
You are permitted from time to time to download and/or print one copy of individual pages of the Website or its Content, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the Content was obtained.
You may not in any way at any time use, copy, adapt, imply or represent that the Website or its Content is yours or created by you. By downloading, printing, or otherwise using the Website Content for personal use you in no way assume any ownership rights of the Content – it is still our property.
You must receive our written permission before using any of the Website Content for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link or any other electronic means) any Content because that is considered stealing our work.
We are granting you a limited license to enjoy the Website and its Content for your own personal use, not for your own business/commercial use or in any way that earns you money, unless we give you written permission that you may do so.

The trademarks and logos displayed on the Website or its Content are trademarks belonging to us, unless otherwise indicated. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

All rights not expressly granted in these terms or any express written license, are reserved by us.

Your License to Us. By posting or submitting any material on or through the Website such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.

When you submit to us or post any comment, photo, image, video or any other submission for use on or through the Website, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, modify,

transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Website and its Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.

You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on the Website or in our Content at any time for any reason.

Request for Permission to Use Content

Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made BEFORE you wish to use the Content by completing the “Contact Us” form on this Website, or by sending an e-mail to [email protected]

We very clearly state that you may not use any Content in any way that is contrary to these Terms unless we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission. If you choose to use the Content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Website and its Content.

Order Confirmation and Payment Details

We will email you to confirm the placement of your order and with details concerning digital 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.

Payments

The cost of your digital product is as reflected on the sales page and due at time of purchase.

You understand and agree that you are financially responsible for all purchases made by you or a third-party acting on your behalf.

If payment cannot be charged to your credit card or your charge is returned for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account, thereby terminating these Terms and all obligations of Company hereunder.

It is your responsibility to notify Company if your credit card has changed or has expired and to make appropriate changes or your access and account may either be suspended or terminated.

We reserve the right to refer collection of the outstanding balance to an attorney or collections agency. If your outstanding balance is referred to an attorney or collections agency, you shall pay all reasonable attorney’s fees or collections agency fees.

All of the personal information that you provide as part of the purchase process for any digital product on the Website may be collected by both us and our third-party payment processing providers. This includes, but is not limited to, name, email address, billing information, and credit card number. Please read our Privacy Policy with respect to how we handle your personal information.

Our third-party payment processing providers may have privacy policies and terms and conditions that differ from ours. We have no liability or responsibility for the independent policies of our third-party payment processing providers. You are encouraged to read the independent policies contained on the third-party payment processing providers’ websites.

You understand and release us from liability for any damage or loss caused by your purchase from the Website and/or by your dealings with our third-party payment processing providers.

Refunds

Due to the extensive time and effort that goes into our digital products, there is no refund policy.

We do not tolerate or accept any type of chargeback from your credit card company.

Your Account; Passwords.

Certain digital products permit or require you to create an account. You agree to provide and maintain accurate, current and complete information for your account, including as applicable, your name, contact, and payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, image, photo or likeness.

You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You may not share your password or other login information with any person; any use of your account by any person other than yourself is grounds for termination of your account. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account. You agree not to use the account, username or password of any other account holder at any time.

Personal Responsibility and Assumption of Risk

If you make a purchase from us on or through the Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.

As a Licensee, you agree that you are using your own judgment in using the Website and its Content and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to this Website and/or any of its Content. This Website and its Content are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of this Website or any of its Content.

Medical Disclaimer

Although I am a doctor by profession, I am NOT your doctor.

THIS WEBSITE AND ITS CONTENT ARE NOT TO BE PERCEIVED AS OR RELIED UPON IN ANY WAY AS MEDICAL ADVICE OR MENTAL HEALTH ADVICE. THE INFORMATION PROVIDED THROUGH THE WEBSITE OR ITS CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT THAT CAN BE PROVIDED BY YOUR OWN PHYSICIAN, NURSE PRACTITIONER, PHYSICIAN ASSISTANT, THERAPIST, COUNSELOR, MENTAL HEALTH PRACTITIONER, LICENSED DIETITIAN OR NUTRITIONIST, MEMBER OF THE CLERGY, OR ANY OTHER LICENSED OR REGISTERED HEALTH CARE PROFESSIONAL. DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING PROFESSIONAL ADVICE BECAUSE OF INFORMATION YOU HAVE READ ON THIS WEBSITE, ITS CONTENT, OR RECEIVED FROM US. DO NOT STOP TAKING ANY MEDICATIONS WITHOUT SPEAKING TO YOUR PHYSICIAN, NURSE PRACTITIONER, PHYSICIAN ASSISTANT, MENTAL HEALTH PROVIDER OR OTHER HEALTH CARE PROFESSIONAL. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL OR MENTAL HEALTH ISSUE, CONTACT YOUR OWN HEALTH CARE PROVIDER PROMPTLY. WE ARE NOT PROVIDING HEALTH CARE, MEDICAL OR NUTRITION THERAPY SERVICES OR ATTEMPTING TO DIAGNOSE, TREAT, PREVENT, CURE OR GUARANTEE IN ANY MANNER WHATSOEVER ANY PHYSICAL AILMENT, OR ANY MENTAL OR EMOTIONAL ISSUE, DISEASE OR CONDITION. WE ARE NOT GIVING MEDICAL, PSYCHOLOGICAL, OR RELIGIOUS ADVICE

WHA TSOEVER.

No Health Coach-Client Relationship

Your use of this Website and its Content does not create a health coach-client relationship between you and the Company or any of its professionals.

The Company cannot accept you as a client unless and until we determine that there is a fit and until various requirements, such as fee arrangements, are resolved. Thus, you recognize and agree that we have not created any health coach-client relationship by the use of this Website.

No Warranty or Liability

WE MAKE NO WARRANTIES AS TO THE WEBSITE OR ITS CONTENT. YOU AGREE THAT THE WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST

EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

YOU AGREE THAT IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL COMPANY AND ITS AFFILIATES, AGENTS, CONTRACTORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, JOINT VENTURE PARTNERS, SUCCESSORS, TRANSFEREES, ASSIGNEES, AND LICENSEES BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY WAY FOR DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AND/OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE ARISING FROM THE USE OF OR INABILITY TO USE OUR WEBSITE OR ITS CONTENT; MISAPPLICATION OF INFORMATION; PHYSICAL OR MENTAL DISEASE; CONDITION OR ISSUE; PHYSICAL, MENTAL, EMOTIONAL, OR SPIRITUAL INJURY OR HARM; THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH OUR WEBSITE; ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT; ANY LOSS INCURRED BY YOU OR YOUR BUSINESS, INCLUDING, BUT NOT LIMITED TO, LOSS OF CLIENTS, LOSS OF GOODWILL, LOSS OF INCOME OR REVENUE, LOSS OF ANTICIPATED INCOME, LOSS OF SALES; OR ANY OTHER LOSS OR DAMAGE OF ANY KIND.

COMPANY’S CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGE TO YOU OR OTHERS ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED $750 (USD).

We expressly exclude any liability to the fullest extent of the law.

Technology Disclaimer

We try to ensure that the availability and delivery of the Website and its Content is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should the Website or its Content become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the Website or its Content inaccessible to you.

Errors and Omissions

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information on the Website or its Content. Every effort has been made to

present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. We assume no liability for errors or omissions on the Website, its Content, or in other information referenced by or linked to the Website. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.

Indemnification

You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to the Website, its Content or your breach of any obligation, warranty, representation or covenant set forth in these Terms or in any other agreement with us.

Should we be required to defend ourselves in any action directly or indirectly involving you, you agree to provide any documents, testimony, evidence, or other information we deem useful to us free of charge.

Links to Other Websites

We may provide links and pointers to other websites maintained by third parties which may take you outside of the Website or its Content. These links are provided for your convenience and the inclusion of any link in the Website or its Content to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, statements, errors or omissions provided by external resources referenced in the Website or its Content, or their accuracy or reliability. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

Reviews

At various times, we may provide reviews of products, services, or other resources. This may include reviews of books, services, and/or software applications. Any such reviews will represent the good-faith opinions of the author of such review. The products and services reviewed may be provided to the Company for free or at a reduced price as an incentive to provide a review.

Regardless of any such discounts, we will provide honest reviews of these products and/or services. You recognize that you should conduct your own due diligence and should not rely solely upon any reviews provided on this website.

We will disclose the existence of any discounts or incentives received in exchange for providing a review of a product. If you would like more information about any such discounts and incentives, send an email to [email protected] that includes the title of the reviewed

product as the subject line. We will respond via email and disclose any incentives or discounts we received in association with any such review.

Affiliate Links

From time to time, the Company participates in affiliate marketing and may allow affiliate links to be included on some of our webpages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.

As a policy, the Company will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers.

The Company will inform you when one of the links constitutes an affiliate link.

You recognize that it remains your personal responsibility to investigate whether any affiliate offers are right for your business and will benefit you. You will not rely on any recommendation, reference, or information provided by the Company but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or service.

No Endorsements

From time to time, the Company will refer to other products, services, coaches, consultants, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. The Company provides this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such product, service, coach, consultant, and/or expert.

Testimonials

At various places on this Website, you may find testimonials from clients and customers of the products and services offered on this Website or by the Company. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on this Website.

Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on this Website because your success depends entirely on your motivation and individual capacity. There are no guarantees of any kind.

Your Conduct

You are agreeing that you will not use the Website or its Conduct in any way that causes or is likely to cause the Website, Content, or access to them to be interrupted, damaged or impaired in

any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.

You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

You agree to use the Website and its Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

You must use the Website and its Content for lawful purposes only. You agree that you will not use the Website or its Content in any of the following ways:

For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity.
To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others.
To send, negatively impact, or infect the Website or its Content with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not.
To cause annoyance, inconvenience or needless anxiety.
To impersonate any third party or otherwise mislead as to the origin of your

contributions.
To reproduce, duplicate, copy or resell any part of the Website or its Content in a way

that is not in compliance with these Terms or any other agreement with us.

Termination

We reserve the right in our sole discretion to refuse or terminate your access to the Website and its Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website or Content affected by such cancellation or termination. The restrictions imposed on you in these Terms with respect to the Website and its Content will still apply now and in the future, even after termination by you or us.

Company may at any time change or discontinue any aspect or feature of the Website and its Content without notice.

No Assignment

These Terms bind and inure to the benefit of the parties’ successors and assigns. These Terms are not assignable, delegable, sublicensable or otherwise transferable by you.

Waivers

No failure to exercise and no delay in exercising any right, remedy, or power under these Terms shall operate as a waiver thereof.

Severability in Event of Partial Invalidity

If any provision of these Terms is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of these Terms will be severable and remain in effect.

Notices

All notices under these Terms shall be in writing and properly addressed as follows: Plateful Health, LLC, 11040 Bollinger Canyon Rd, Suite E #888, San Ramon, CA 94582

Dispute Resolution and Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of California, without regard to conflict of laws principles, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of California, excluding that State’s conflict of laws principles.

On the written notice of either you or Company requesting application of this Section, all claims and disputes arising out of or relating to these Terms that cannot be resolved through negotiation shall be submitted to arbitration under the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) in Contra Costa County, California, before an arbitrator to be selected by the Parties. If the Parties cannot agree on an arbitrator within ten (10) days of one Party’s notice to the other Party invoking the right to arbitrate, then the AAA shall appoint an arbitrator who has significant experience in arbitrating matters similar to the subject matter disputed under this Agreement. The arbitration shall commence not less than ten (10) nor more than thirty (30) days after the arbitrator has been designated. The arbitration shall be concluded as soon as reasonably possible, and the arbitrator shall make a written determination of the dispute within fifteen (15) days of the completion of the arbitration hearing. The prevailing party in any such arbitration shall be awarded reasonable attorneys’ fees, expert and non-expert witness costs and expenses, and other costs and expenses incurred in connection with such arbitration, unless the arbitrator, for good cause, determines otherwise. Costs and fees of the arbitrator shall be borne by the non-prevailing party, unless the arbitrator determines otherwise. The arbitrator’s adjudication shall be final and fully binding upon the Parties and enforceable in any court having jurisdiction thereof. Except as may be required by law, neither a party nor an

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND COMPANY HAVE AGAINST EACH OTHER ARE RESOLVED.

If you have any questions about these Terms, please contact us [email protected]

Last Updated: January 7, 2021