TERMS OF USE AGREEMENT
Version Update: May 19th, 2025
This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, personally or an entity on your behalf (“Customer”) and Wilder Holistic Coaching and Wellness LLC and any affiliate companies( collectively, “Company”) concerning Customer access to and use of Website www.wilderholistic.com (“Website”), as well as any other media form, media channel, mobile website/application, online services, or resources (“Materials/Services”) available on Website. Customers agree and willingly purchases/accesses one or more online services, packages, or digital products that available from Company. Customer agrees to voluntary entry into a legally binding Agreement with Company, including the following mutually agreed upon terms and conditions.
Overview
1. Company makes no representation that the Website is appropriate or available in other locations other than where Company operates it. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be against the law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Customers who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. Minors (generally under the age of 18) in any jurisdiction are not permitted to register for the Website or use the Company materials/services.
3. CUSTOMER ACCEPTS AND AGREES TO BE BOUND BY THIS TERMS OF USE AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE BY CONTINUED USE OF THE WEBSITE. IF CUSTOMER DOES NOT AGREE TO ABIDE BY THIS AGREEMENT, DO NOT ACCESS WEBSITE SERVICES.
4. Customer confirms he/she/they are electing access/use to one or more coaching, educational resources, packages, or digital products found online at www.wilderholistic.com offered by Wilder Holistic Coaching and Wellness LLC. Customer understands resources found on Website are written by a nurse in the online space; however, any such purchase does not make Fawn Wilder or anyone at Wilder Holistic Coaching and Wellness LLC your health care provider.
5. Following the purchase of an online download, the Customer will receive an email with the purchased resources available for immediate download.
6. For Questions regarding the materials/services, please reach out to Company at info@wilderholistic.com
Non- Disclosure
1. Customer agrees not to share, copy, or distribute any documents or other proprietary information obtained through educational resources, and agrees that he/she/they will be in violation of these Terms of Use if he/she/they uses any of the Content outlined as his/her/their own material, or repurposes and uses the Content in his/her/their own business as a product or service being offered for sale, without express written permission of Company.
Testimonials
1. The Company may request that the Customer provide a testimonial to be published on the Company’s website or social media accounts. The Customer understands that he/she/they is/are not required to give any testimonial. Testimonial provided by the Customer is done freely, and there will be no ramifications or change in the relationship between the Company and the Customer if the Customer refuses to provide a testimonial.
2. If Customer provides a testimonial, the material (testimonial/photo of Customer), may be published on Company’s website, social media, or other advertisement.
3. Customer agrees to review and sign an additional release if requested, confirming Company’s rights to use Customer’s testimonial.
4. No payment, extra services, or “kickback” will be provided in return for a testimonial.
5. Customer understands that Company holds an unlimited, irrevocable license to use, publish, distribute, or repurpose any information provided to Company as part of a testimonial.
Payment and Payment Plan
1. All Resources are listed with the purchase price, a payment plan may or may not be available for some or all materials/services. Customer agrees to render payment via credit card on Company’s sales and checkout page, and to confirm agreement to these Terms of Use with Customer’s purchase.
2. Customer understands he/she/they is/are responsible for the full payment and agrees to pay the sum requested electronically, via Company’s website or a designated third-party payment processor of Company’s choosing.
Refund Policy
1. Where applicable, materials/services are immediately available for download and use following purchase. Company is not able to offer refunds for any reason for materials/services available for immediate use. It is the responsibility of the customer to conduct all necessary research to determine if materials/services are as desired prior to purchasing. Once the purchase is made, the Customer will not be eligible to receive a refund, unless deemed appropriate at the discretion of the Company in limited circumstances.
Termination
1. Following agreement to these Terms of Use Agreement and purchase/use service/website, Customer is to have access to educational resources for as long as they are offered and technologically supported by Company. These Terms of Use Agreement will continue to be in effect for as long as services are offered, and/or as long as Customer continues to use and access educational resources, whichever is longer. The purchase of additional services will also be governed under this Terms of Use Agreement.
2. Company reserves the right to remove Customer’s access to website and/or the Resources for any reason it deems necessary.
Notices
1. Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the contact information below. Any notices to Customer shall be given to the email address provided during the registration/scheduling process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. Company may also choose to send notices by regular mail.
Disclaimer
1. Website materials/services are not a substitute for health advice, retaining medical care, or receiving personalized, in-state healthcare services from a healthcare provider in Customer’s state.
2. Company cannot guarantee all materials/services will benefit all individuals, and cannot make any representations or guarantees regarding individual results. Customer will hold Company and educational resources harmless if he/she/they does/do not experience the desired results, and understands that any specific health advice needed may require the services of a local health care provider.
3. Company does not make any guarantees or assurances regarding a particular financial outcome based on use of materials/services. Company is not responsible for Customer earnings, legal battles, attorneys’ fees, or any increase or decrease in finances based upon or occurring at the same time as Customer’s use of materials/services.
4. Customer understands that all materials/services provided by Company in connection with the materials/services being purchased are provided on an “as is” basis. This means without limitations, there are no guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance.
5. Customer's choice to purchase these materials/services from Company is strictly voluntary and does not hold Company responsible should Customer become dissatisfied with the educational resources.
6. Customer agrees that he/she/they does/do not have a cause of action or legal remedy and is not entitled to a refund should he/she/they not achieve the desired results, as long as, Company proides the materials/services as described above or provides a substitute approved through additional agreement by Company and Customer.
7. Company and Fawn Wilder, is not a doctor, financial adviser, licensed therapist, or otherwise. Customer agrees to hold harmless the Company for any physical, emotional, or economic injury that occurs as a direct or indirect result of the materials/services.
8. The content provided by the Company on the website and within the materials/services comprises information that may or may not be useful to the Customer in//their personal life.
Intellectual Property
1. Company has created numerous original, creative works in connection with the materials/services, and agrees that Company maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the digital products from Wilder Holistic Coaching and Wellness LLC. Content includes but is not limited to all educational resources, documents, charts, emails, graphs, products, systems, processes, handouts, e-books, downloads, videos, written material, worksheets, copy for website or sales pages, and any other original work created by Company or Fawn Wilder.
2. Nothing in this Terms of Use Agreement constitutes or grants any license to use the information, other than that which is expressly provided throughout the materials/services.
3. Customer agrees trademarks, service marks and logos contained (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company content includes but is not limited to all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics (logos, designs, page headers, button icons, scripts and service).
4. Company's marks are not to be used, as part of domain names or in connection with any product or service in any way that may cause confusion without the prior written permission of the Company.
5. Customer agrees and understands materials/services are not to be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, manipulated, or otherwise exploited for any other purpose, without Company’s express written consent.
6. The Company reserves the right to immediately end the Customer’s participation in the materials/services without refund and to prosecute any actionable infringement or misuse to the full extent of the law for violations of any part of the Terms of Use Agreement.
7. In purchasing materials/services, she/he/they is/are gaining access to view all content and information available as part of website, as well as any additional information or content shared with him/her by Company as he/she/they sees fit. Customer understands this means he/she/they will have been granted a limited, revocable, non-transferable license to read and use the information provided for use. Customer will not copy, edit, distribute, duplicate or steal any information or any content obtained through educational resources without written permission by Company.
8. Customer agrees NOT to claim any content created by Company is his/her/their own work.
9. Customer will not share any purchased materials, information, or content with others who have not purchased them.
Indemnification
1. Customer agrees to defend and fully indemnify at all times the Company and any affiliates, agents, officers, partners, and team members or other party associated with Company harmless from any causes of action, injury, illness, misunderstanding, damages, losses, costs, expenses incurred as a result of Customer’s use of materials/services, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her/their actions as a direct or indirect result of Customer’s participation in materials/services.
2. The decision to purchase and use materials/services is solely that of Customer, and he/she/they agree it is not the fault of Company should any issues arise.
3. Customer agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Company, free of charge, if Company finds need to defend self.
Disputes/Arbitration
1. To expedite resolution and reduce cost, Customer and Company agree first to attempt to negotiate informally for at least 30 days before initiating arbitration or court proceedings. Informal notification commences upon written notification.
2. Customer agrees that failure to achieve anticipated results is not a basis for a “dispute” and does not hold Company responsible for any specific results, or those results other Customers of Company have achieved.
3. If unable to resolve informally, Customer and Company agree that all disputes will be submitted for Arbitration under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org.
4. Any election to arbitrate by one party shall be final and binding on the other. The decision made by the arbitrator is to be final and binding on both parties and may not be appealed or otherwise cast aside. Customer understands that, absent this provision, Customer would have the right to sue in court with a jury trial.
5. Customer and Company agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including exchanging any materials, documents, or information.
Governance
1. This Agreement shall be governed by and under control of the laws of Montana, regardless of conflict of law principles and regardless of Customer's location. Customer understands this and agrees that the laws of Montana are to be applied here.
Amendment
1. This agreement may be altered, amended, changed, extended, or otherwise updated based upon the changes in relevant laws, the materials/services being purchased, or as decided upon by Company. Continued use of the material/service by the Customer will constitute agreement to this document in its most updated form.