Terms and Conditions


Please read the following Terms and Conditions carefully. Registration on the Total Health Mastery website implies that you have read, understood, and agree to comply with the stated terms and conditions in their entirety. We reserve the right to change and modify the Terms and Conditions without notice, and you agree, by continuing to use the site, to be bound by any such modification.

Agreement between user and Total Health Mastery
These Terms and Conditions are an agreement ("Agreement") between you and Total Health Mastery ("THM") regarding your use of the information, products, and services contained in or available through the THMastery.com website. The THMastery.com website is comprised of various web pages operated by "THM." The THMastery.com website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the THMastery.com website constitutes your agreement to all such terms, conditions, and notices.

Seminar Registration, Fees and Renewals
BY REGISTERING FOR ANY SEMINAR WITH TOTAL HEALTH MASTERY, YOU AGREE TO PROVIDE A GOOD CREDIT CARD, PAY A $.25 CREDIT CARD VERIFICATION FEE, AND ABIDE BY THE NO-SHOW DEPOSIT POLICY DESCRIBED BELOW.

Without exception, THMastery.com charges a non-refundable $.25 ("25 cent") fee to every credit card used in the process of registering for a seminar through Total Health Mastery, whether given by Total Health Mastery or an associated seminar provider. If your credit card fails this verification process, you will not be registered into the seminar for which the credit card was offered.

At the discretion of Total Health Mastery, some participants may be offered a VIP guest pass to the Solution Weekend seminar. Every VIP guest pass holder will be required to provide current credit card information as a No-Show deposit to hold their spot in the seminar.

In addition, all seminar registrations, even with a VIP guest pass, are subject to the non-refundable $.25 ("25 cent") fee to verify the credit card information provided.

Any participant of any Total Health Mastery seminar or course may transfer their registration to a different date for which the same seminar or course is scheduled, as long as THM is informed at least two (2) weeks prior to the original seminar date, AND a $35 transfer fee is paid by the participant.

Total Health Mastery reserves the right to remove any participant from any course at any time for any reason.

At THM's discretion, payment plans may be offered as a means of compensation for specific seminars or products. If at any time during the payment plan period a payment fails to run, regardless of reason, Total Health Mastery has chosen to allow a 7-day grace period. On day 8, if the offending payment has not yet fulfilled, a late fee of 5% of the unpaid balance will be charged. A monthly late fee of 5% of the unpaid balance (including accrued late fees) will continue to accrue on all unpaid invoices until the entire payment in arrears is settled, either by correcting the credit card information on the THMastery.com website (at which time the entire unpaid balanced will be charged onto the credit card) or by contacting Total Health Mastery, at which time a settlement agreement may be considered. This in no way implies that a settlement agreement is guaranteed. Accounts which remain unpaid for three (3) months or more may be referred to collection or sold, as deemed necessary by Total Health Mastery.

From time to time, we may offer different subscription terms, and the membership fees for such subscriptions may vary. The membership fees are non-refundable except as expressly set forth below.

UNLESS YOU NOTIFY US BEFORE THE RENEWAL DATE OF YOUR MEMBERSHIP THAT YOU WANT TO CANCEL OR AUTO RENEW, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEES, USING ANY VALID PAYMENT SOURCE WE HAVE ON RECORD FOR YOU.

Total Health Mastery is not a hospital or doctor's office, and the employees of THMastery.com are not acting as your medical professional.
Total Health Mastery does not practice medicine and does not give medical advice. This site is not intended to create a doctor-patient relationship, and by using THMastery.com, no doctor-patient relationship will be created with Total Health Mastery. Instead, you are representing yourself in any health matter you undertake through THMastery.com's information. The THMastery.com website is not a substitute for the advice of a licensed physician.

Furthermore, the health information on this site is not guaranteed to be correct, complete or up-to-date. Because changes and new discoveries happen continuously, THMastery.com cannot guarantee that all information on the site is completely current. Health is a personal matter, and no general information or informational tool like the kind THMastery.com provides can fit every circumstance. Therefore, if you need advice for your specific issue or if your specific problem is too complex to be addressed by our information, you should consult a licensed physician in your area.

This site and some of the articles on this site contain links to other resources and businesses on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that THMastery.com sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.

THMastery.com is not responsible for any loss, injury, claim, liability or damage related to your use of this site or any site linked to this site, whether from errors or omissions in the content of our site or any other linked sites, from the site being down or from any other use of the site. In short, your use of the site is at your own risk.

TOTAL HEALTH MASTERY™ IS NOT A "REFERRAL SERVICE."
TOTAL HEALTH MASTERY PROVIDES A PLATFORM FOR HEALTH INFORMATION, SELF HELP AND COLLABORATION. PRODUCTS AND SERVICES FOUND ON THMASTERY.COM ARE FOR INFORMATION PURPOSES ONLY.

Modification of these terms of use
THM reserved the right to change the terms, conditions and notices under which the THMastery.com website is offered, including but not limited to the charges associated with the use of the THMastery.com website.

You understand and agree that your use of THMastery.com after the date on which the Terms and Conditions have changed shall be treated as acceptance of the updated Terms and Conditions.

Links to third party sites / Third party services
The THMastery.com website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of THM and THM is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. THM is not responsible for webcasting or any other form of transmission received from any Linked Site. THM is providing these links to you only as a convenience, an the inclusion of any link does not imply endorsement by THM of the site of any association with its operators. These Terms and Conditions do not cover your interaction with Linked Sites, and you should carefully review the Terms and Conditions and Privacy Policies of any third party sites.

Certain services made available via THMastery.com are delivered by third parties. By using any product, service or functionality originating from the THMastery.com domain, you hereby acknowledge and consent that THM may share such information and data with any third party wit whom THM as a contractual relationship to provide the requested product, service or functionality on behalf of THMastery.com users and customers.

Your Privacy
Protecting your privacy is very important to Total Health Mastery. Please review our Privacy Policy, which explains how THM treats your personal information and protects your privacy.

No unlawful or prohibited use
As a condition of your use of the THMastery.com website, you warrant to THM that you will not use the THMastery.com website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the THMastery.com website in any manner which could damage, disable, overburden, or impair the THMastery.com website or interfere with any other party's use and enjoyment of the THMastery.com website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the THMastery.com websites.

THE FORMS, DOCUMENTS, LETTERS, ARTICLES AND ALL OTHER CONTENT FOUND ON THE THMASTERY.COM WEBSITE ("TOTAL HEALTH MASTERY CONTENT") ARE PROTECTED BY COPYRIGHT AND ALL OTHER APPLICABLE INTELLECTUAL PROPERTY RIGHTS. TOTAL HEALTH MASTERY CONTENT IS NOT FOR RESALE. YOUR USE OF THE THMASTERY.COM WEBSITE DOES NOT ENTITLE YOU TO RESELL ANY THMASTERY.COM CONTENT. FOR THE AVOIDANCE OF DOUBT, YOUR USE OF THE THMASTERY.COM WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND YOUR PROMISE THAT YOU WILL NOT RESELL OR OTHERWISE ATTEMPT TO COMMERCIALLY BENEFIT FROM THE TOTAL HEALTH MASTERY CONTENT WITHOUT THE EXPRESS WRITTEN CONSENT OF TOTAL HEALTH MASTERY.

Use of communication services
The THMastery.com website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including email addresses, without their consent.

Violate any applicable laws or regulations.

THM has no obligation to monitor the Communication Services. However, THM reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. THM reserved the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

THM reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request , or to edit, refuse to post or to remove any information or materials, in whole or in part, at THM's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. THM does not control or endorse the content, messages or information found in any Communication Service and, therefore, THM specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized THM spokespersons, and their views do not necessarily reflect those of THM.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials provided to THMastery.com or posted at any THM website
THM does not claim ownership of the materials you provide to THMastery.com (including feedback and suggestions) or post, upload, input or submit to any THMastery.com website or its associated services (collectively "Submission"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting THM, its affiliated companies and necessary sublicensees 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.

No compensation will be paid with respect to the use of your Submission, as provided herein. THM is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at THM'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.

Liability disclaimer

The products and claims offered about specific products on or through this site have not been evaluated by the United States Food and Drug Administration, and are not approved to diagnose, treat, cure or prevent disease. The information provided herein, including information contained on or in any product label or packaging, is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional. We make no medical claims, and you should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. We offer only testimonials and suggest only the traditional use of all products. In no way do we make any claims as to the results you can expect, nor do we recommend that you stop working with your health care professional. Rather, we recommend that you consult with a health care professional before starting any diet, exercise, or supplementation program, before taking any medication, or if you have or suspect you might have a health problem.

All of our programs are education based on our experience, the years of research we’ve done, and the results of others. In no way do we make any claims as to the results you can expect, nor do we recommend that you stop working with your health care professional. Rather, we do recommend that you consult your health care professional and work with them in conjunction with this program. The results you produce will be because of your own efforts and initiative, and therefore you deserve all of the credit for your amazing success.

The information, software, products, and services included in our available through the THMastery.com website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Total Health Mastery and/or its supplier may make improvements and/or changes in the THMastery.com website at any time. Advice received via the THMastery.com website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Total Health Mastery 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 on the THMastery.com website 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 conditions of any kind. Total Health Mastery 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 Total Health Mastery 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 THMastery.com website, with the delay or inability to use the THMastery.com website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the THMastery.com website, or otherwise arising out of the use of the THMastery.com website, whether based on contract, tort, negligence, strict liability or otherwise, even if Total Health Mastery or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the THMastery.com website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the THMastery.com website.

Service Contact: CustomerService@THMastery.com


Dispute Resolution by Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS

Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-877-680-8200. In the unlikely event that our customer service department is unable to resolve a complaint you may have (or if THM has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster, and less formal than a lawsuit in a court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Also, in arbitration you are entitled to recover attorneys' fees from THM to at least the same extent as you would be in court. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.

Arbitration Agreement

THM and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:


References to "THM", "you", and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. By entering into this Agreement, you agree that you and THM are each waiving the right to a trial by jury or to participate in a class action. This agreement evidences a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to THM should be addressed to General Counsel, THM, 2548 Newport Blvd. #104, Costa Mesa, CA 92627 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If THM and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or THM may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by THM or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or THM is entitled.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless THM and you agree otherwise, any arbitration hearings will take place in Santa Ana, CA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. THM will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.

The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND THM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and THM agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Notwithstanding any provision in this Agreement to the contrary, we agree that if THM makes any future change to this arbitration provision (other than a change to the Notice Address) during your Membership, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

Termination/access restriction
THM reserves the right, in its sole discretion, to terminate your access to the THMastery.com website and the related services or any portion thereof at any time, without notice.

General
You agree that no joint venture, partnership, employment, or agency relationship exists between you and THM as a result of this agreement or use of the THMastery.com website. THM's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of THM's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the THMastery.com website or information provided to or gathered by THM with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and THM with respect to the THMastery.com website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and THM with respect to the THMastery.com website. You may not assign or otherwise transfer the Terms and Conditions, or any right granted hereunder, without THM's written consent. THM's rights under the Terms and Conditions are freely transferable by THM. Any failure by THM to enforce or exercise any provision of the Terms and Conditions, or any related right, shall not constitute a waiver of that provision or right. Any rights not expressly granted herein are reserved.

THM may provide you with notices, including those regarding changes to the Terms and Conditions, by email, regular mail, postings on the THMastery.com website, or other reasonable means now known or hereafter developed.

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 an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents have been drawn up in English.

Copyright and trademark notices
All contents of the THMastery.com website are Copyright © 2011 Total Health Mastery and/or its suppliers, affiliates and partners. All rights reserved.

Trademarks
Total Health Mastery™ and THMastery.com™ are trademarks of Total Health Mastery. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Notices and procedure for making claims of copyright infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE ABOVE PROCEDURE WILL RECEIVE NO RESPONSE.