Terms and Conditions
Agreement between User and rapidrecoverycoach.goodbyelupus.com
Welcome to rapidrecoverycoach.goodbyelupus.com. The rapidrecoverycoach.goodbyelupus.com website (the “Site”) is comprised of various web pages operated by Plant-Based Health Group LLC (“PBHG”). rapidrecoverycoach.goodbyelupus.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of rapidrecoverycoach.goodbyelupus.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
rapidrecoverycoach.goodbyelupus.com is a Health, nutrition and lifestyle coaching Site.
To provide coaching and education around the topics of plant-based eating for symptom improvements from autoimmune diseases and inflammatory illnesses.
Electronic Communications
Visiting rapidrecoverycoach.goodbyelupus.com or sending emails to PBHG constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
PBHG collects personally identifiable information from children under the age of thirteen. PBHG collects this information for the following reason(s):
We collect information about all clients who enroll in coaching and education services, including those who are under 13, in order to best tailor our coaching.
If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use rapidrecoverycoach.goodbyelupus.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
rapidrecoverycoach.goodbyelupus.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of PBHG and PBHG 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. PBHG is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PBHG of the site or any association with its operators.
Certain services made available via rapidrecoverycoach.goodbyelupus.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the rapidrecoverycoach.goodbyelupus.com domain, you hereby acknowledge and consent that PBHG may share such information and data with any third party with whom PBHG has a contractual relationship to provide the requested product, service or functionality on behalf of rapidrecoverycoach.goodbyelupus.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use rapidrecoverycoach.goodbyelupus.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to PBHG that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of PBHG or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. PBHG content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of PBHG and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of PBHG or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by PBHG from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the PBHG Content accessed through rapidrecoverycoach.goodbyelupus.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless PBHG, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. PBHG reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PBHG in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and PBHG 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.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PLANT-BASED HEALTH GROUP LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
PLANT-BASED HEALTH GROUP LLC 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 SITE 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 CONDITION OF ANY KIND. PLANT-BASED HEALTH GROUP LLC 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 PLANT-BASED HEALTH GROUP LLC 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 SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PLANT-BASED HEALTH GROUP LLC 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 SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
PBHG reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and PBHG as a result of this agreement or use of the Site. PBHG’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PBHG’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by PBHG 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 PBHG with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PBHG with respect to the Site. 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
PBHG reserves the right, in its sole discretion, to change the Terms under which rapidrecoverycoach.goodbyelupus.com is offered. The most current version of the Terms will supersede all previous versions. PBHG encourages you to periodically review the Terms to stay informed of our updates.
NUTRITIONAL SERVICES ACKNOWLEDGEMENT AND AGREEMENT
I acknowledge and agree that Dr. Brooke Goldner is acting solely as a nutritional consultant and is not providing Me with any medical care or treatment of any kind. I also acknowledge and agree that Dr. Goldner’s services are not intended to take the place of any other medical treatment of any disease or medical condition that I may have. I further acknowledge and agree, if I am currently receiving medical treatment from My own physician(s), that I should continue receiving such medical treatments from My physician(s) while on, and in collaboration with, Dr. Goldner’s nutrition program (the “Program”). I acknowledge and agree that I cannot receive a refund of any payment made after I have received the Program materials.
I agree to notify My doctor about the Program and to use the Program materials and related information providedto Me by Dr. Goldner, or obtained by Me via the VeganMedicalDoctor.com and GoodbyeLupus.com websites, under the supervision of My own doctor.
I acknowledge and agree that use of the Program or any information provided by Dr. Goldner directly or via the VeganMedicalDoctor.com and GoodbyeLupus.com websites does not establish a doctor-patient relationship. I acknowledge and agree that it is up to me to arrange for appropriate medical care with other qualified medical physicians, institutions, and health care professionals.
I acknowledge and agree that by providing Me with the Program materials and other related nutritional consultinginformation, Dr. Goldner is not practicing medicine or providing specific medical advice. Furthermore, I acknowledge and agree that any information or related nutritional consulting materials that I receive from Dr. Goldner should not and will not be used to make a diagnosis or to replace or overrule the judgment or medical diagnosis of any other qualified medical professional.
Because Dr. Goldner is not acting as my physician, I agree that I will not contact Dr. Goldner for medical advice or treatment of any kind. I further acknowledge and agree that I will consult with other qualified health care professionals and institutions for answers to personal medical questions and will obtain emergency medical services and all other medical care and treatment from other qualified health care professionals and institutions.
I acknowledge that the enrollment fee for the 6 Week Rapid Recovery Group is a nonrefundable membership fee for 6 weeks of access to the online 6 Week Rapid Recovery Facebook group and use of the Rapid Recovery Coach App. There are no guaranteed outcomes. My results and support received in the group is based entirely on my participation. I understand there are no refunds, partial refunds, or free renewals if I choose not to participate for any reason.
I also agree and understand that I can be removed from the group without refund for violating rules for proper group conduct/behavior, or for sharing login information or content from the Facebook group or the Rapid Recovery Coach App.
CLIENT RELEASE AND WAIVER
I hereby agree to the above and release Dr. Goldner and all affiliated entities and persons, including but not limited to Thomas Tadlock, and GoodbyeLupus.com, from liability relating to My use of the Program and related information and materials. Furthermore, I agree to waive any claims or causes of action that I may have in the future for damages and costs associated with My use of the Program and related information and materials provided to me by Dr. Goldner and/or obtained via the VeganMedicalDoctor.com and GoodbyeLupus.com websites.
I further acknowledge and agree that the information, materials, videos, and coaching obtained from Dr. Goldner, Thomas Tadlock, and the Rapid Recovery Group are intellectual property that is proprietary to the 6 Week Rapid Recovery Group, Dr. Goldner, and Thomas Tadlock. I acknowledge and agree that the information, materials, videos, and coaching are valuable trade secrets and confidential information owned by Dr. Goldner, Thomas Tadlock protected by law including, but not limited to, the copyright laws of the United States and applicable trade secret law.
I further agree that I will only use the information, materials, videos, and coaching obtained from Dr. Goldner, and/or the GoodbyeLupus.com Website, and/or the 6 Week Rapid Recovery Group for my own personal health, and I will not disclose or share the information, materials, videos, and coaching with others. I further agree that I will not use any of the materials, information, videos, or coaching from this program for my own financial gain, self-promotion, coaching programs, or otherwise. I further agree that I will honor and comply with the Rapid Recovery Group Rules that are attached hereto as Exhibit A, and incorporated herein by this reference.
I further agree and acknowledge that any violation or breach of the two preceding paragraphs will cause irreparable harm to the 6 Week Rapid Recovery Group, Dr. Goldner, and/or Thomas Tadlock, and that the 6 Week Rapid Recovery Group, Dr. Goldner, and/or Thomas Tadlock will be entitled to entry of both a preliminary and permanent injunction against me for any violation or breach of the preceding two paragraphs, as well as any other remedy allowed by applicable law. I further agree that if I breach this agreement, I will pay all costs incurred by to the 6 Week Rapid Recovery Group, Dr. Goldner, and/or Thomas Tadlock in enforcing this agreement, including reasonable attorney fees. This agreement will be construed according to Texas law, and any disputes regarding subjects covered by or enforcement of this agreement shall be heard exclusively by the United States District Court for the Southern District of Texas or the appropriate Texas court in Harris County.
Exhibit A: 6 Week Rapid Recovery Group Facebook Rules:
1 Respect Everyone’s Privacy Being part of this group requires mutual trust. What is shared here in this group is
sensitive and private. What’s shared in the group should stay in the group.
:: 2 This is a place of love We’re all in this together to create a healing environment. Please keep all posts positive and supportive. If a member is found to be disruptive and toxic to the community they may
be removed and blocked from the group at our discretion with no refund.
3 Do Not Post Into The Main Feed, Comments Only
We need to keep this page organized and clean so everyone can get the most out of this. Please put questions in the HELP feed, celebrations in the CELEBRATION feed, recipes in
the RECIPE feed etc.
:: 4 No solicitation People come here to learn and grow in a safe place with our coaching and support. We encourage you to support each other here in the group, however, DO NOT comment or
post asking anyone from the group to contact you privately or join your group or program.
This could be grounds for removal with no refund.
5 No downloading or copying group content. What is posted in the group stays in the group. No screenshots, screen recordings or
downloading group content. Group videos are proprietary and subject to copyright law.
Violation can result in removal from group without refund and legal action.