​The following Terms and Conditions are entered into by and between You (“Client” or “You”) and Jennifer Caryn Brand Nutrition, LLC (“Company,” “we,” or “us”).  

Private Session

The Company agrees to provide you with one private Session to review your comprehensive digestive stool test results, health history, and personalized plan (the “Session”). The test kit is not included and is a separate, necessary, and required investment you make to the lab. This Session is only offered in conjunction with Conquer Your Child’s Rashesᵀᴹ (the “Program”). As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, and that of the Program, including those incorporated by reference.

Terms of Use, Privacy Policy, & Disclaimer

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Session. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.

Nature of The Relationship

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company agrees only to provide the Client with access to a single private Session, which provides education and information in the form of a walkthrough of your comprehensive digestive stool test results, health history, and personalized plan. The information contained in the Session, including any interactions with the practitioner(s), is not intended as, shall not be understood or construed as, and does not take the place of medical care or medical advice from your conventional doctor or practitioner (pediatrician, allergist, dermatologist, therapist, etc.).

Fees

You agree to pay the fees as noted. You may not cancel or avoid the payment. In the event that any payment is not made, the Company shall cancel any pending/unheld Sessions.

Refunds

There are no refunds offered for the Session. 

The Session

The Company shall provide the following to the Client.

One private Session, which you have six months from the time of purchase to use. 

Ownership Of All Intellectual Property

All content included as part of the Session, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Session, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. 

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans are the trademarks of their respective owners.

Your participation in the Session does not result in the transfer of any intellectual property to You, and as a condition of participation, you agree to observe and abide by all copyright and other intellectual property protection.

You are granted a single private Session to be used within six months of purchase. The Session is non-transferable. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, shared with you in the Session. 

The Company content is not for resale. Your participation in the Session does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use. You will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted to you for the Program hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Session and Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

Confidentiality

The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Session you hereby agree to respect the Company’s confidential information. 

Specifically, you shall not share any information provided unless you receive express written permission from the provider of the information to share the information. Similarly, the content of the Session and the Program contain the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Session and the Program with anyone other than the Company, its owners and employees, and other Program participants. 

Personal Responsibility

By participating in the Session, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Session or not. The Company provides an analysis of your comprehensive digestive stool test results, health history, and a personalized plan that are intended to help you succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome.  Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles included in the Session and the Program are no guarantee that you or any other person or entity will be able to obtain similar results.

You agree to take full responsibility for any harm or damage you suffer as a result of using or not using the information available in the Session and the Program. You agree to use judgment and conduct due diligence before taking any action or implementing any recommendations, plans, or policies suggested or recommended in the Session or the Program.

Materials Provided By You During The Session

The Company does not claim ownership of the information or materials You may provide during the Session (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”). 

All private health information will be held in confidentialtiy. However, by posting, uploading, inputting, providing, or submitting your Submission (that does not include private health informatio), you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

In other words, the Company has the right to include your Submissions (that do not include private health information)—including any audio or video recordings of you participating in any Sessions as part of the Session—in the Program and other marketing material going forward. 

No compensation will be paid with respect to the use of your Submission as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

No Warranties

The Company makes no warranties regarding the performance or operation of the Session, including any technological aspects of the Session. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Session. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. 

Limitation of Liability

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of the use of the Session and/or any information and resources contained in the Session. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Session.

The information, software, products, and services included or available through the Session may include inaccuracies or typographical errors. The Company and/or its suppliers may make improvements and/or changes in the Session at any time. 

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Session for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. 

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Session, with the delay or inability to use the Session or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Session, or otherwise arising out of the use of the Session, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Session or any portion of it, your sole and exclusive remedy is to discontinue using the Session. 

Arbitration

​You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Session. 

To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Los Angeles, CA. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you assert against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating and administrating the arbitration. 

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Session and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will fully cooperate with the Company in asserting any available defenses.

Termination And Access Restriction

The Company reserves the right, in its sole discretion, to terminate your access to the Session and the Program and the related services or any portion thereof at any time if You become disruptive to the Company or other Program participants, if You fail to follow the Session and Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

Entire Agreement​

This Agreement, along with the Company’s Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between You and the Company with respect to the Session, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to the Session. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  

Severability 

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render such term or provision unenforceable in any other jurisdiction.

Waiver

No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Force Majeure

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Effective Date

This Agreement shall commence and be enforceable with respect to each Session participant upon the date the participant initially registers for the Session.