Terms and Conditions
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.