DETOX PROGRAM
By checking the box next to these Terms of Use, or by clicking the “Purchase” button on www.KellyWilhite.com, or
by signing and dating this Terms of Use Agreement, you (“Customer”), the purchaser of the DETOX PROGRAM
(“Detox Program”), agrees to purchase this item provided by Thriving in Wellness, LLC, a Georgia Limited Liability
Company (“Company”) and agree to enter into this legally binding agreement, with terms as follows:
For good and valuable consideration, Customer agrees to purchase Detox Program, a group program (“Purchase”)
from Company. In exchange, Company agrees to provide the purchased item, with details as outlined below.
I. PURCHASE DETAILS
Detox Program is a group program to provide educational and resource support and guidance for dietary and
lifestyle removal of inflammatory or harmful substances. Customer understands and agrees this purchase
includes:
a. Customer download of educational, informational, and resource material and documents
b. Customer being a member of a private Facebook Group
c. Customer being a participant in live webinars (“Webinar” -using Facebook Lives or other online software), with
download access to the recordings or replays of such webinars
d. Customer having access to communicate with Kelly Wilhite via email, the private Facebook Group, and the live
webinars.
e. Customer receiving newsletters by email by being added to this business email distribution list; Customer may
unsubscribe at any time
Customer has done sufficient research to fully understand what is included in the Purchase and what is not
included in the Purchase. Customer agrees to be bound by Company’s Disclaimer which is posted on the footer of
Company’s website at www.KellyWilhite.com. Click here for Disclaimer.
II. PAYMENT
In consideration for the Purchase provided by Company to Customer, Customer agrees to pay Company indicated
price in cart online at checkout (“fee”) or fee provided via direct Invoice to Customer. Customer agrees to be
responsible for the full Fee and agrees to pay the full Fee electronically, via Company’s website or via PayPal using
link: https://www.paypal.me/KellyWilhiteUSA.
Customer shall make payment in full before gaining any access to the Purchase. Customer further understands
and agrees that if Customer chooses to terminate the Purchase, Customer will still be responsible for all payments
due under these Terms of Use.
III. COMMUNICATIONS
A. Webinars
Customer understands that Webinar timing may not always work for Customer’s schedule. Customer
understands that any inability to attend a webinar is in no way the fault of Company and does not affect the
Purchase. When participating in the Webinars, Customer agrees not to be disruptive, hurtful, or harassing
to any members of the group.
B. Social Media Group
Customer will be granted access to a private Facebook group on social media as part of the Purchase.
When participating in the social media group, Customer agrees not to post anything defamatory, harmful,
hurtful, harassing, or that would constitute cyber bullying. Customer understands that Company has a zero
tolerance policy and will immediately terminate Customer’s access if this provision is violated.
C. Access to Company.
During the Purchase, Company will be accessible to Customer by email, the private Facebook group, and
the live webinars. This includes unlimited emails for general questions for the duration of Detox Program.
Company will respond as soon as possible, usually within 1 – 2 business days. If there is unexpected delay,
Company will inform Customer within a reasonable timeframe with an update on when Customer can
expect a full response. For any questions or concerns more personal in nature, Company may request
Customer to communicate in a private email, and Customer is aware their response or attention to their
matter may require separate services and payment outside what is included in Detox Program.
IV. NON-DISCLOSURE AND CONFIDENTIALITY
Customer understands that this Purchase includes access to Company’s intellectual property, original work, trade
secrets and other proprietary information, (“Company’s Information”), including but not limited to educational,
informational, and resource material and content provided in documents, emails, verbal communications, live
webinars, video and audio recordings, and the private Facebook group, and other unpublished information.
Customer agrees not to share, distribute, repurpose, claim ownership of, use for commercial benefit, disclose to
third parties or copy any of Company’s Information and agrees that doing so is in direct violation of these Terms of
Use. Customer understands that this non-disclosure provision remains in effect in perpetuity and Company
reserves the right to prosecute any such violation to the full extent of the law.
By participating in Detox Program, Customer may share private and confidential information with Company and
other customers in the group program (“the Group”). Company agrees not to disclose such confidential
information to anyone not in the Group. Customer may authorize Company to disclose such information in
writing.
A reserved exception to this is if Company is required by law to disclose information shared by Customer, or if
Company has a good faith reason to believe that disclosing such information is necessary to protect Customer,
Company, a third party, or to respond to an emergency. In such event, Company will limit disclosure to essential
information.
Customer also understands that other members of the Group may share their confidential or proprietary
information (“the Group Information”). Customer agrees not to copy, share, distribute, repurpose, claim
ownership of, use for commercial benefit or disclose to third parties outside of the Group, any of the Group
Information and agrees that doing so is in direct violation of these Terms of Use. Customer understands that this
non-disclosure provision remains in effect in perpetuity and a third party may prosecute any such violation to the
full extent of the law. Customer agrees to hold Company harmless from any such action taken by a third-party
against Customer.
Customer and Company agree that neither will engage in any conduct or communications with any third party,
whether private or public, designed to disparage the other.
V. INTELLECTUAL PROPERTY
Company owns and maintains all copyrights and intellectual property rights to all of the materials and content in
the Purchase, unless otherwise stated, including but not limited to, documents, videos, audio recordings,
worksheets, emails, handouts, recipes, activities, strategies, systems, techniques, logos, trademarks and other
proprietary information and original work created by Company, whether created prior to working with Customer
or specifically created for Customer.
By purchasing Detox Program, Customer is granted one limited, revocable, non-transferrable license to view, read,
download, print and use the materials and content in the Purchase, for Customer’s personal benefit only, as
directed by Company. All intellectual property rights remain with Company, nothing in this Agreement shall
constitute a transfer of intellectual property ownership.
Customer agrees not to copy, reproduce, edit, duplicate, modify, publish, transmit, replicate on another website,
create derivative works from, sell, assist in the sale of, distribute, display, perform, provide access to another
person, or in any other way, exploit Company’s intellectual property without Company’s express written consent.
If a violation of this provision is discovered or suspected, Customer understands that this may constitute
infringement and theft of Company’s intellectual property and may be a violation of United States Federal laws. In
that event, Company may terminate Customer’s access to the Purchase, without refund, and reserves the right to
prosecute such infringement to the fullest extent of the law.
VI. TERMINATION
Customer may terminate and discontinue the Purchase at any time, for any reason, by providing notice to
Company in writing, subject to the refund policy in these Terms of Use, but no portion of payments already made
will be refunded.
If Company is unable to provide purchase details as outlined in Section I above, Company or Company’s agents will
contact Customer to reschedule or offer an alternate purchase. If no suitable alternative is available, Customer
may be entitled to a partial refund, which may be pro-rated depending on the nature of the Purchase, at Kelly
Wilhite’s discretion.
Thriving in Wellness, LLC and Kelly Wilhite reserve the right to terminate Detox Program if at any point it is
determined not to be advantageous for Detox Program to continue. If this happens, Kelly Wilhite is responsible for
advising the Customer by email and will refund Customer for funds paid.
VII. REFUND POLICY
Company’s refund policy is as follows:
We stand behind our programs & services and your satisfaction is very important to us. Because we have invested
significant time, education, creativity, and effort in creating Detox Program, our refund policy is as follows: All
purchases are non-refundable.
Customer understands Company’s refund policy and agrees that no refunds will be given outside of the scope of
this policy. Customer further understands that if Customer cannot participate in Detox Program, all payments are
still due under this Agreement. Any chargeback or threat of chargeback made by Customer will result in
immediate termination of Customer’s access to any content of Detox Program and an additional $150.
VIII. TESTIMONIALS
Company may request Customer to provide a testimonial on the Purchase. Customer understands that there is no
requirement to provide such a testimonial and further understands that if Customer declines to provide such a
testimonial, there will be no negative consequences or change in relationship between Company and Customer.
If Customer chooses to provide a testimonial, it will be purely voluntary, at Customer’s own discretion. Customer
understands that the testimonial, along with Customer’s identifying information may be used in Company’s
marketing and promotions, with no financial compensation to Customer, and Company will hold an unlimited,
irrevocable, worldwide license in perpetuity to use, publish, distribute or repurpose any information provided to
Company as part of such testimonial. Customer agrees to sign a Testimonial Release if requested by Company.
IX. NO GUARANTEES, NO WARRANTIES
Customer is participating in this Purchase voluntarily and understands that Company makes no guarantees
regarding Customer’s results with this Purchase.
Customer agrees that Company is not responsible and Customer does not have a cause of action, legal remedy, or
an entitlement to a refund if Customer does not achieve the desired result upon completion of the Purchase.
Customer agrees that Company is not responsible if there are errors or omissions in the Purchase or any of its
materials.
The Purchase is provided “as is,” and, except for the express warranties in these Terms of Use, is offered with no
warranties of any kind, whether express or implied, including but not limited to, implied warranties of
merchantability, fitness for a particular purpose, merchantability, expectation of course of performance and noninfringement.
Customer agrees not to hold Company responsible if Customer becomes dissatisfied with the
Purchase. The Purchase is intended for a general audience and is not in any way specific advice tailored to any
individual.
Detox Program is designed to support you in reaching your goals, but your success depends on many factors,
including your own motivation, effort, and dedication, in addition to your own unique health and genetic profile,
and you understand that these factors will affect your results. You also understand that Detox Program offers
guidance, direction, and program materials, but does not actually implement anything for you. You are
responsible for producing your results.
X. DISCLAIMER, FULL DISCLAIMER INCORPORATED BY REFERENCE
Nothing in the Purchase is intended to constitute or should be relied upon as medical, mental health, financial,
business or legal advice. Thriving in Wellness, LLC provides health and wellness information and education.
Customer understands that Company does not diagnose, treat, heal, cure or prevent any illness, medical condition
or mental or emotional condition and nothing in the Purchase is intended to diagnose, treat, heal, cure or prevent
any illness, medical condition or mental condition.
Company is providing services only in the capacity as a holistic health practitioner and coach and not as a licensed
healthcare professional, licensed mental health professional or licensed business professional. Nothing in the
Purchase is intended to be a substitute for consultation with a licensed healthcare professional, licensed mental
health professional or licensed business professional. Customer is encouraged to consult with a licensed
healthcare professional, licensed mental health professional or licensed business professional to review and advise
Customer on Customer’s specific situation.
Customer has read, understands and consents to be bound by Company’s full Disclaimer, located on the footer of
Company’s website at www.KellyWilhite.com. Click here for Disclaimer.
XI. ASSUMPTION OF RISK
Customer is entering into this Purchase voluntarily at Customer’s own free will. Customer understands that the
Purchase may include participation in lifestyle strategies including diet or other form of nutrition, exercise,
movement elements or financial, business or career strategies, which include inherent risks of harm, illness, injury
and other negative results. Customer confirms that during participation in this Purchase, Customer will always
have the opportunity to consult with a licensed medical professional, mental health professional or licensed
business professional before acting on any content of the Purchase. If Customer chooses not to consult with other
licensed professionals and chooses to act on any content in the Purchase, Customer agrees that Customer is acting
voluntarily and assumes all risks of use or non-use and agrees not to hold Company responsible for any harm,
illness, injury, or other negative results.
XII. LIMITED LIABILITY, INDEMNIFICATION
Customer agrees that under no circumstances is Company to be held liable for any damages, whether direct or
indirect, resulting from these Terms of Use or the Purchase, including any losses, injuries or medical ailments, and
Company expressly excludes such liability to the fullest extent of the law. In no event shall Company’s liability
exceed the fees paid under these Terms of Use.
Customer agrees at all times to indemnify, defend and hold Company and its team members, agents, affiliates, and
other parties associated with Company, harmless from any actions, losses, damages or expenses, as well as third
party claims, including attorneys’ fees and expenses, arising out of or related to these Terms of Use or Purchase.
XIII. GOVERNANCE
These Terms of Use shall be construed in accordance with, and governed by, the laws of the State of Georgia as
applied to contracts that are executed and performed entirely in Georgia, regardless of Customer’s location. The
exclusive venue for any legal proceeding based on or arising out of these Terms of Use shall be Gwinnett County,
Georgia.
XIV. DISPUTE RESOLUTION, LITIGATION EXPENSES
Should any dispute arise between Customer and Company, it would be preferable to work it out amicably, but if
that is not possible, then Customer agrees that the dispute will be resolved by Arbitration, by the American
Arbitration Association, in Gwinnett County, Georgia. Customer agrees to participate in the arbitration process in
good faith, and further agrees that the decision made by the Arbitrator is binding, not subject to appeal, and
enforceable in any court of competent jurisdiction as a judgment of law. Customer understands that any claim
must be commenced within one year of the date of the grievance, or forfeited forever.
Customer understands that the only remedy that can be awarded through Arbitration is a refund of payments
made to Company. NO AWARD OF ANY CONSEQUENTIAL OR ADDITIONAL DAMAGES MAY BE AWARDED TO
CUSTOMER.
If any legal action is brought because of an alleged dispute regarding these Terms of Use, the prevailing party shall
be entitled to recover reasonable attorney’s fees and other costs incurred in pursuing that action, in addition to
any other relief to which they are entitled.
XV. ENTIRE AGREEMENT, WAIVER, MODIFICATIONS, SEVERABILITY, ASSIGNMENT
Customer and Company agree that these Terms of Use constitute the entire agreement between them and
supersedes any and all prior agreements, discussions, correspondence, understandings, or proposals. Customer
understands that any expectation regarding the Purchase, which is not specifically included in these Terms of Use
is not included in the Purchase.
Customer agrees that no waiver of any of the provisions of these Terms of Use shall be deemed, or shall constitute,
a waiver of any other provision of these Terms of Use, nor shall any waiver constitute a continuing waiver.
Customer agrees that these Terms of Use are not to be altered, amended, extended, or considered waived in any
way, except in writing, with an additional Addendum, signed by both Customer and Company, or by an authorized
signatory for either party.
If any term of these Terms of Use is found to be invalid, void, or unenforceable under applicable law, the other
provisions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.
These Terms of Use are not assignable, delegable, sub-licensable, or otherwise transferable.
XVI. NOTICE
All notices, requests, demands, and other communications regarding these Terms of Use shall be in writing, sent
via the US mail, addressed as follows:
Thriving in Wellness, LLC
1639 Tailmore Lane
Lawrenceville, GA 30043
XVII. SIGNATURES
Customer and Company agree that electronic signatures and acknowledgements through Purchase are a valid form
of signature for these Terms of Use.
Customer has the opportunity to consult with an attorney and to have all questions answered by Company before
signing these Terms of Use. By signing below, Customer and Company agree to all of the terms of these Terms of
Use.
___________________________________ _______________
Customer Signature Date
Full Name:
Email address:
Phone number:
Mailing address:
___________________________________ _______________
Company Signature, by Kelly Wilhite Date
Under authority as Owner and Holistic Health Practitioner and Coach of Thriving in Wellness, LLC
