Terms and Conditions

THIS AGREEMENT, (hereinafter: “the Agreement”) is entered by and between You (hereinafter: “the Client”) and Julia Chien, Eczema RD, operated by Julia Chien, a sole proprietor in the Province of British Columbia (hereinafter: “the Company”), (and collectively “the Parties”). This Agreement sets forth the legally binding terms and conditions for Services and/or access to Materials provided by the Company.

CLIENT RESPONSIBILITY

The Client agrees and accepts that they are solely responsible for creating and implementing their own physical, mental and emotional well-being, decisions, choices, actions and results arising out of, or resulting from the Course: From Flaring to Thriving and/or Nourished Eczema.

The Client further agrees and accepts all responsibility to take into consideration any lifestyle and/or diet changes as recommended throughout From Flaring to Thriving to maximize potential results. The Client further understands that they are fully responsible for their own progress, integrity and results.

PAYMENT

The Client agrees and understands that the fee for From Flaring to Thriving is $397 USD whereas the fee for Nourished Eczema is $444 USD. The fee is payable in full in advance to obtain access to the course. Payments are completed via credit card.

REFUND POLICY

The Company does not offer any refunds. The Client understands that due to the nature of this course visible results are not immediate and may take time.

The Client understands that subject to the refund policy herein, all sales are final and are not eligible for any refund under any circumstance, be it known or unknown in the future. The Client further agrees and understands that changing their mind about the course, failing to follow through or understand the details of the course, not experiencing the results they expected or desired, or experiencing any other similar situations does not, under any circumstance, warrant a refund.

TERMINATION

The Client further understands that the Company retains the right to and may limit, suspend or terminate access to the course without refund if the Client becomes disruptive or difficult to work with, (ii) fails to follow course guidelines, (iii) is found to harass other students of the Company, or harass the Company, (iv) participates in copyright infringement of any Intellectual Property produced and/or developed by the Company, (v) is negatively speaking about the course offered by the Company in public forums without prior consultation with the Company as outlined herein. The Client accepts that the Companymay provide a formal warning prior to termination.

INTELLECTUAL PROPERTY

The Company retains all ownership rights to the Materials provided during Client’s participation under this Agreement (hereinafter: the “Course Materials”). The Course Materials include all forms of media, including written, oral or video, in whatever format presented, including hard copy, electronic or recordings. All Course Materials will be deemed to be copyrighted materials under applicable laws. The Course Materials you are provided are for your individual use only and with a single-user license. You are not authorized to share, copy, distribute, or otherwise disseminate any of the Course Materials without the Company’s express prior written consent. All intellectual property, including the CourseMaterials, shall remain the sole property of the Company and no license to sell or distribute the Materials is granted or implied. The Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial or personal purposes, any portion of the course, including any of the Course Materials. The Client will be responsible for all loss, cost, damage or expense arising out of or in connection with the unauthorized use of the Course Materials, including all direct, indirect or consequential loss, and will indemnify and hold the Company harmless from all such unauthorized use of Course Materials.

DISCLAIMER

The Company makes no representations, warranties, guarantees or promises verbally or in writing of any level of results from use of the Course. The Client understands and agrees that they are voluntarily choosing to enroll in the Course and are solely responsible for any outcomes or results. While the Company believes in her courses and that the course is able to help many people, the Client acknowledges and agrees that the Company is not responsible nor liable to the Client should the Client sustain any injuries, incur harm, or encounter any negative ramifications. The Client accepts that they are fully responsible for their own health and well-being, including participation in the courses and any results therein.

The Client understands that the Company does not offer any professional, medical, psychological or financial advice and that it is their exclusive responsibility to seek such independent professional guidance as needed.

The Client understands that as part of the Course the Company does not under any circumstance offer any medical advice and cannot prescribe any medication to the Client or offer any services. The Client understands that the Company does not offer any professional advice as part of this relationship and it is the Client’s responsibility to make a formal request for access to be treated under the qualifications of a Registered Dietitian in the Company's independent practice. The Company reserves the right to formally accept or deny any formal request of the Client on a per case basis.

The Client understands that the Course is not therapy, and/or counseling, and does not substitute therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. The Client confirms and agrees that they will not use the Course as a substitute for counseling, psychotherapy, mental health care or substance abuse treatment.

The Client accepts that if they are currently under the care of a mental health professional, it is recommended that the Client promptly inform the medical health care provided of the nature and extent of the Course agreed upon by the Client and the Company.

LIMITATION OF LIABILITY

The Client agrees that the Company is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of the Course and/or Materials provided by the Company. In no event shall the Company be liable to the Client for any indirect, consequential or special damages.

The Client shall defend, indemnify, and hold harmless the Company, 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 liability which may result from a breach of this Agreement or sole negligence or willful misconduct by the Company. In consideration of and as part of my payment for the right to participate in the course, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge the Company and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, assigns and staff or students from all actions, causes of actions, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in an equity arising from the Client’s participation in the Course.

NO NEGATIVE STATEMENTS OR ACTIONS

The Client shall not at any time directly or indirectly take any action and/or make, publish, file or record any oral or written statements that would likely have a negative or injurious impact upon, or that is derogatory, defamatory, libel or slanderous in nature to the Company in any way.

NON-COMPETE

The Client warrants and guarantees that throughout the duration of this Agreement and for a period not to exceed twelve [12] months following the completion of the termination of this Agreement that the Client shall not directly or indirectly engage and/or solicit any client’s, customers, staff or employees for the benefit of the Client and the Client’s business without any express written notice of the contrary by the Company.

The Client understands the only exception to this clause is if a client, customer, staff or employee of the Company solicits the Client for their services on their own will and independent action. At such time, the Client will not speak negatively of the Company and/or the Course nor ask about or inquire of other clients, customers, staff or employee’s experience working with or for the Company.

MODIFICATIONS

The Company may modify this Agreement from time to time. Any modifications will be notified to the Client, and the Client may either continue the Course under the new conditions or the Agreement will be terminated.

The Client understands that without any notice to the contrary, by continuing the Course after notification shall enforce the modified Agreement as effective and the Client agrees to be bound to any changes in the Agreement.

DISPUTE RESOLUTION

In the event a dispute arises out of this Agreement and cannot be resolved by mutual consent, the Client and the Company agree to attempt to mediate in good faith for up to thirty [30] days after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing Party in any legal action will be entitled to be paid by the other Party all costs and expenses incurred, including, but not limited to attorneys’ fees.

SEVERABILITY

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

WAIVER:

The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

FORCE MAJEURE

Either Party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either Party that materially affects the performance of Services, such as:

an act of God (inclusive of natural disasters, fires, explosions, earthquakes, hurricane, flooding, storms or infestation);
or other (inclusive of hostility, war, invasion);
or any hazardous situation created outside the control of either Party (inclusive of a riot, pandemic, disorder, nuclear leak or explosion, or act or threat of impending terrorism).

JURISDICTION

This Agreement shall be governed and construed in accordance with the laws of the Province where both Parties reside, without giving effect to any conflicts of law’s provisions. If the Parties reside in different Provinces and/or regions, this Agreement shall be governed and construed in accordance with the laws of the Province of British Columbia, without giving effect to any conflicts of law’s provisions.

BINDING EFFECT

This Agreement shall be legal and binding upon the parties hereto and their respective successors and permissible assigns. The Parties each represent that they have the authority to enter into this Agreement.

ENTIRE AGREEMENT

This document reflects the entire Agreement between the Company and the Client. The parties agree to the terms and conditions set forth above as demonstrated by agreeing to the Terms and Conditions at the method of payment.