Terms of Use
Conscious Conception eCourse
Please read the Terms of Use for the Program carefully and in their entirety before purchasing and Using Conscious Conception eCourse (hereinafter referred to as the “Program”). The Program and its content are owned by Circadian Wellness LLC/Innate Fertility.
“Company”, “We”, “I”, “Our”, or “Us” means Circadian Wellness LLC/Innate Fertility.
“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.
“Program” means Conscious Conception eCourse.
“You” or “Your” means the purchaser and person Using the Program.
- Consent:
By Participating in the Program, You implicitly and voluntarily agree to act in accordance with, agree to, and abide by, these Terms of Use.
- DISCLAIMER:
By Participating in the Program, You understand that Loren Sofía is a Certified Pre- and Postnatal Coach, a Functional Diagnostic Nutrition-Practitioner, a Functional Nutritional Therapy Practitioner, and a Root Cause Protocol Consultant.
THIS PROGRAM IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. THE INFORMATION AND EDUCATION PROVIDED IN THIS PROGRAM IS NOT INTENDED OR IMPLIED TO SUPPLEMENT OR REPLACE THE PROFESSIONAL ADVICE OF A PHYSICIAN, OBGYN, PHYSIOTHERAPIST, PELVIC FLOOR PHYSIOTHERAPIST, PHYSICAL THERAPIST, GASTROENTEROLOGIST, DIETICIAN, ENDOCRINOLOGIST, FERTILITY AWARENESS EDUCATOR, MAYAN ABDOMINAL THERAPIST, PERSONAL TRAINER, AESTHETICIAN, DERMATOLOGIST, MIDWIFE, LACTATION PROFESSIONAL, HERBALIST, THERAPIST, OR ANY OTHER RELEVANT AND QUALIFIED SPECIALIST. YOU SHOULD CONSULT WITH A PROFESSIONAL IN THOSE AREAS (INCLUDING BUT NOT LIMITED TO A PHYSICIAN, OBGYN, PHYSIOTHERAPIST, ETC.) IN PERSON WITH SOMEONE WHERE YOU LIVE OR WORK TO DISCUSS ISSUES OR QUESTIONS PERTAINING TO TOPICS INCLUDING BUT NOT LIMITED TO YOUR PARTICULAR FAMILY PLANNING GOALS, FERTILITY CONCERNS, REPRODUCTIVE DISORDERS, MEDICAL CONDITIONS, EXERCISE LIMITATIONS, SUPPLEMENT SELECTION, OR DIETARY CHOICES
Loren Sofía or any member of Innate Fertility/Circadian Wellness LLC is not in any way shape or form Your medical practitioner or Your practitioner of any kind. Participating or purchasing this Program does not entitle You to any level of coaching whatsoever. None of the information in the program should be misconstrued as a personal recommendation or medical advice. By Participating in and/or purchasing this Program, You agree that You will consult Your physician regarding any and all concerns and changes You want to make to Your healthcare routine as a result of or indirectly as a result of the information learned in the Program, especially for any contraindications including but not limited to medication, exercise and pregnancy.
In order to make the Program content easier to understand, a conversational tone has been used throughout, including pronouns, such as “I” and “you.” This is only meant to make the information more pleasant to engage with and is not meant to imply that the Program constitutes any form of advice, personal or general.
THE PROGRAM IS NOT A SUBSTITUTE FOR MEDICAL CARE BY A PRACTICING AND LICENSED PHYSICIAN FOR MOTHER AND FETUS. PROCEEDING WITHOUT CONSULTING YOUR PHYSICIAN COULD RESULT IN SERIOUS AND IRREPARABLE HARM TO MOTHER AND/OR FETUS, INCLUDING DEATH. LOREN SOFÍA OR ANY MEMBER OF INNATE FERTILITY/CIRCADIAN WELLNESS LLC IS NOT RESPONSIBLE FOR ANY HARM DONE TO MOTHER AND/OR FETUS THROUGH THE CONTENT PROVIDED IN THE PROGRAM, PARTIALLY OR FULLY CONSUMED, WHICH IS FOR EDUCATION ONLY. IT IS UP TO YOU TO SEEK APPROPRIATE AND PERSONALIZED MEDICAL CARE.
Although We do Our best to make sure all of the Program’s content is up to date and/or accurate, We do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Program’s information, or its safety or efficacy as it applies to You. The Company reserves the right to make changes to the Program, including but not limited to its content, features and structure at any point, for no specified reason, in perpetuity.
- Assumption of the Risk
You should Use Your best judgment in Using the information provided in the Program, which is done at Your own risk. It is Your full responsibility to discern the risk of Using the Program or its content. You assume full responsibility for Your actions, choices, or lack thereof, related or indirectly related to the Program.
THIS PROGRAM IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. BY TAKING PART IN THIS PROGRAM, PROCEEDING WITHOUT CONSULTING YOUR PHYSICIAN COULD RESULT IN SERIOUS AND IRREPARABLE HARM TO MOTHER AND/OR FETUS, INCLUDING DEATH. LOREN SOFÍA OR ANY MEMBER OF INNATE FERTILITY/CIRCADIAN WELLNESS LLC IS NOT RESPONSIBLE FOR ANY HARM DONE TO MOTHER AND/OR FETUS THROUGH THE CONTENT PROVIDED IN THE PROGRAM, PARTIALLY OR FULLY CONSUMED, WHICH IS FOR EDUCATION ONLY. YOU AGREE TO CONSULT WITH YOUR PHYSICIAN REGARDING ANY AND ALL QUESTIONS AND/OR CONCERNS REGARDING CHANGES YOU WANT TO MAKE TO YOUR HEALTHCARE ROUTINE, INCLUDING BUT NOT LIMITED TO NUTRITION, EXERCISES, SUPPLEMENTS, DEVICES, ETC. THE INFORMATION IN THIS PROGRAM IS NOT IN ANY WAY A REPLACEMENT FOR THE PROFESSIONAL ADVICE OF YOUR PHYSICIAN.
- Intellectual Property Ownership:
The Program and its content, including, but not limited to, self-paced videos, exercise demo videos, handouts, workout programs, and proprietary methods mentioned, i.e. Conscious Conception, are intellectual property owned by Loren Sofía + Circadian Wellness LLC/Innate Fertility. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
The Company’s intellectual property may not be Used in connection with the sale or distribution of any product, Program, and/or service by You, directly or indirectly, without the prior and express written consent of Circadian Wellness LLC/Innate Fertility.
Misappropriation or unauthorized Use of the Company’s intellectual property and/or trade secrets may result in the enforcement of an infringement and/or intellectual property theft action against You in an effort to recover damages and/or protect Our intellectual property rights. The Company reserves the right to pursue an action for misappropriation, theft, or improper Use of its intellectual property by the Purchaser, the Purchaser’s representatives, assigns, contractors, employees, or acquaintances.
- Term & Termination
The Program is accessible for 365 days starting on the date of purchase. After that, access to the Program expires. You understand that Your access to the Program will be discontinued automatically one year from the purchase date. If You would like to continue accessing the Program, You may purchase an extension at the specified market rate; such extensions will continue to be offered while the Program is active in the Company’s offerings.
The Company may cancel the Program at any time at its sole discretion. In such event no further extension access will be provided and all access will terminate 365 days after Your last extension.The Company is not responsible for any refunds related to the cancellation of the Program.
This also applies to any past or future version(s) of the Program, which may be terminated in and of themselves at any time, for no specified reason, in perpetuity. The Company is not responsible for any refunds related to the termination of access to any past or future version(s) of the Program.
- No Program Sharing:
You cannot distribute, copy, forward, and/or share the Program or its content with anyone else. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.
You may not share Your password or login information with anyone. If You share Your password or login with anyone who did not purchase the Program, You will be removed from the Program immediately and no refund will be issued. The Company also reserves the right to remove You from any other Programs, future and past, in this context.
- Participation Commitments
You agree to the following as a participant of the Program:
A. You explicitly understand and acknowledge that none of the information in the Program is a personal recommendation or medical advice, and is only meant for educational purposes.
B. You explicitly agree that You will consult Your physician and any other appropriate medical providers regarding any questions, concerns or changes You want to make regarding Your healthcare routine, fertility, pregnancy, pregnancy losses, diseases, etc.
C. You explicitly acknowledge that Loren Sofía or any member of Innate Fertility/Circadian Wellness LLC is not in any way shape or form Your medical practitioner or Your practitioner of any kind.
D. You explicitly understand and acknowledge that purchasing and/or Participating in the Program does not entitle You to any additional communication from Loren Sofía or any member of Innate Fertility/Circadian Wellness LLC regarding any topics outside of customer service questions regarding course login issues for example.
E. You explicitly understand and acknowledge that all questions and engagement must be limited to the private community in the Program, whose responses again do not constitute personal recommendations or medical advice, unless they are questions about customer service. All customer service questions should be directed to [email protected]. Any other contact methods to not guarantee a response.
F. You explicitly understand and acknowledge that the Program does not guarantee any specific results or outcomes whatsoever.
G. You explicitly understand and acknowledge that the Program is non-refundable.
H. You explicitly understand and acknowledge that You are responsible for completing payment(s) in full.
I. You explicitly understand and acknowledge that You will not share Your login information with anyone else.
J. You explicitly understand and acknowledge that all the Program content, including but not limited to videos, handouts, workout plans, formulations, recipes, etc. are property of Loren Sofía of Innate Fertility/Circadian Wellness LLC.
K. You explicitly understand and acknowledge that You may not copy any information in the Program.
L. You explicitly understand and acknowledge that You may not share any information in the Program.
M. You explicitly understand and acknowledge that You will direct any concerns or questions regarding the above to Loren Sofía at [email protected].
9. No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples Used by Us are simply that: examples. There are no guarantees that You will also experience or receive the same results. Each person and his or her own circumstances are unique and nothing in the Program or promotion of the Program shall be interpreted as a guarantee that You will experience the same results as any other participants of Ours.
We don’t make any assurances as to any particular fertility, family planning, reproductive, pregnancy, birth, postpartum, child health, or health-related outcome based on the Use of or Participation in the Program. We are not responsible for the success or failure of Your fertility, family planning, reproductive, pregnancy, birth, postpartum, child health, or health, or any other result of any kind that You may have or perceive as a result of Your Participation in the Program.
- DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:
We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way including, but not limited to, Your future fertility, family planning, reproductive, pregnancy, birth, postpartum, child health, or health derived as a result of Your Use of the Program. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to Your Use or misuse of the Program.
- Your Release of Us, Indemnification, Hold Harmless:
To the fullest extent permitted by law, Circadian Wellness LLC/Innate Fertility expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by You related to Your purchase or Use of, or Participation in, the Program, its materials, Our website, or any other information obtained by You from Us. By enrolling in the Program, You hereby agree to this limitation of liability and release Circadian Wellness LLC/Innate Fertility from any and all claims.
BY PARTICIPATING IN AND/OR PURCHASING THE PROGRAM, YOU AGREE TO RELEASE, FORGIVE, FOREVER DISCHARGE, DEFEND, INDEMNIFY, AND HOLD HARMLESS CIRCADIAN WELLNESS LLC/INNATE FERTILITY, OUR SUBSIDIARIES, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS, SHAREHOLDERS, DIRECTORS, OFFICERS, COACHES, ASSIGNEES, LICENSEES, AND AFFILIATES FROM ANY AND ALL CLAIMS, SUITS, ACTIONS, CHARGES, DEMANDS, LIABILITIES, DAMAGES, JUDGMENTS, AND/OR COSTS, RELATED TO, OR ARISING OUT OF, YOUR PURCHASE OF OR PARTICIPATION IN THE PROGRAM AND/OR YOUR BREACH OF ANY OBLIGATION, WARRANTY, COVENANT, OR REPRESENTATION SET FORTH IN THESE TERMS OF USE.
BY ENROLLING IN THE PROGRAM, YOU AGREE TO RELEASE US FROM ANY AND ALL CLAIMS, AND FURTHER AGREE TO AT ALL TIMES DEFEND, INDEMNIFY, AND HOLD COMPLETELY AND ABSOLUTELY HARMLESS CIRCADIAN WELLNESS LLC/INNATE FERTILITY AS STATED IN THIS SECTION HEREIN.
- Our Refund Policy:
We will do everything within Our ability (and within reason) to ensure Your satisfaction. Due to the digital and partly downloadable nature of the Program, refunds will not be issued for the Program once it is purchased. If You have any questions or concerns, or if there is anything We can do to make Your experience a more pleasant one, please email Loren Sofía at [email protected].
You will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to Your credit card and/or form of payment (ie, PayPal) for any reason whatsoever related to the Program. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account.
- ARBITRATION CLAUSE:
If You have any complaint or should any issue arise in the Use of the Program, please contact Us directly first by emailing Loren Sofía at [email protected].
However, if We are unable to amicably resolve Your dispute in that manner, You agree that You and Loren Sofía + Circadian Wellness LLC/Innate Fertility shall submit Your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
By agreeing to this term, You hereby agree and understand that You’re waiving Your right to a jury trial in court, which would otherwise be available to You if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 0 miles of Aurora, and or Denver, Colorado.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Colorado. The total amount of Your claim can not exceed the total amount of any payment(s) made to Circadian Wellness LLC/Innate Fertility for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.
- Limitation of Liability:
Loren Sofía + Circadian Wellness LLC/Innate Fertility are not responsible or liable in any way for any and all damages You receive directly or indirectly from Your Participation in the Program. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly Use) the Program or its content, due to any act, or failure to act, by You. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
15. PAYMENT, PURCHASE, AND PAYMENT PLAN TERMS
a. General Payment Terms:
When You pay for the Program by credit card, You authorize and give permission to Circadian Wellness LLC/Innate Fertility to charge Your credit or debit card for the amount owed for payment of the Program. When You purchase the Program, Your information (i.e. credit card and contact info) may be collected by the third-party merchant Kajabi, Paypal, Apple Pay, Stripe, etc. (depending on the payment method You choose at checkout), who may have privacy policies or security practices that are different than Ours. Circadian Wellness LLC/Innate Fertility is not responsible for the merchant’s independent policies or practices.
b. Payment Plan Terms / Failed Payment Procedures:
Should You choose to purchase the Program via one of Our payment plan options at checkout (hereinafter the “Payment Plan”), You are hereby consenting to Your credit card being automatically charged 30 days apart for 4 months to complete Your total payment.
If You choose the Payment Plan to purchase the Program, You hereby authorize and give permission to Circadian Wellness LLC/Innate Fertility to automatically charge Your credit card, debit card, or PayPal account, as payment for the Program, for which You will receive an electronic receipt, at the time and interval in which payment is due without any additional authorization from You.
We will not contact You to seek any additional authorization, approval, or permission before charging Your card for each installment of the Payment Plan.
By choosing the Payment Plan, You agree and understand that ALL monthly payments are owed in full. There are no exceptions. No refund requests or stop payments will be granted or accepted.
c. Failed Payment Plan Payments / Re-charge procedures [via Kajabi Payments & Stripe]:
By signing up for the payment plan, Your card will automatically be re-charged 30-days apart for Your remaining payments until all payments in the payment plan are fully completed. Please plan accordingly.
If Your payment-plan payment fails on the 1st attempt:
In the event that Your Payment Plan payment is not successfully made on Your due date, we will attempt to re-charge Your credit card approximately 3 days after the initial attempt.
After 2nd failed payment:
We will attempt to re-charge Your credit card approximately 5 days after the initial attempt.
After 3rd failed payment:
We will attempt to charge Your card approximately 7 days after the initial attempt. If the 3rd payment attempt fails, Your subscription will be canceled and Your product access will be automatically revoked.
When choosing the payment plan options, You consent to being responsible for ALL payments owed under the Program terms.
d. Failed Payment Plan Payments / Re-charge procedures [via PayPal]:
By signing up for the payment plan, Your PayPal will automatically be re-charged 30-days apart for Your remaining payments until all payments in the payment plan are fully completed. Please plan accordingly.
If Your payment-plan payment fails on the 1st attempt:
In the event that Your Payment Plan payment is not successfully made on Your due date, we will attempt to re-charge Your PayPal approximately 3 days after the initial attempt.
After 2nd failed payment:
We will attempt to charge Your PayPal approximately 8 days after the initial attempt. If the 2nd payment attempt fails, Your subscription will be canceled and Your product access will be revoked.
When choosing the payment plan options, You consent to being responsible for ALL payments owed under the Program terms.
- Severability
The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
- Entire Agreement
These Terms of Use contain the entire agreement between You and the Company. There are no other promises or conditions in any other agreement (oral or written) between You and the Company.
- Choice of Law + Venue
These Terms of Use shall be governed by the laws of the state of Colorado. Any action brought by any party arising out of or from these Terms shall be brought within the Colorado, County of Arapahoe.
By purchasing and/or Participating in the Program, You implicitly signify Your agreement to all of the terms in these Terms of Use.
If You have any questions about the Terms of Use, please contact Loren Sofía at [email protected].