Cultivate Fertility Program Participant Agreement
Welcome to the 30 Day Stress Hormone Detox from Cultivate Fertility (“the Program”). This Program Participant Agreement (“Agreement”) constitutes a legal contract between Cultivate Fertility, LLC (“Cultivate Fertility”) and you, the undersigned. You are required to read it carefully before you sign it and continue with the Program or access any of the Program’s materials.
This Agreement is effective as of the date you sign it. By signing the Agreement, you acknowledge that you have read it, understand it, and agree to be bound by it.
Section 1: Promises and Responsibilities
1.1: The Program
The Program lasts 30 days (the “Term”).
During the Term of the Program, CULTIVATE FERTILITY will provide services to you, which will include:
Weekly Zoom Support Meetings with at least one of the Cultivate Fertility Doctors (4 in total)
Over 3 hours of videos of Dr. Kara & Dr. Hillary walking you through our comprehensive program
An inspiring countertop detox booklet to help keep you on track
How to Avoid Common Toxins: The Comprehensive Guide
Stress Reduction and Strategies to Boost Happiness
Our favorite recipes and cooking videos
A detailed eating plan including detox and hormone superfoods
Note: The Program is designed to provide education and information. CULTIVATE FERTILITY in no way promises or guarantees any results.
1.2: Member Responsibilities
By accepting the terms of this Agreement, and throughout your participation in the Program, you are making the continuing commitment to follow the Program, implement the strategies conveyed to you, and faithfully consume all of the lessons, assignments, and course work in the Program to the best of your ability. Additionally, the Program is designed to offer a safe environment for members and thus you are required to abide by strict confidentiality and privacy principles, and conflict resolution procedures. These are outlined later in the Agreement.
1.3: No Medical Services
The Program does not provide any medical services. The Program is exclusively an information and educational program. Please consult with your medical professional before beginning any Program, and keep your medical professional apprised of your progress throughout the Program. Your individual results from participating in the Program are likely to vary from others and are not promised or guaranteed. Results of any kind are not guaranteed, because every individual is different and many factors contribute to one’s fertility and overall health.
Section 2: Confidentiality and Non-disparagement Policy
2.1: Confidential Information
The Program is a proprietary service offered by CULTIVATE FERTILITY to a limited audience of authorized, paying participants. Thus, all Program information is highly confidential and not for dissemination to anyone who is not a party to a similar agreement or otherwise authorized to receive such confidential information from or about the Program. Confidential Information includes, but is not expressly limited to:
Program details; curriculum; pricing and Program Fee; member selection process; communications to and from CULTIVATE FERTILITY; content of phone calls, webinars, seminars, and group discussions; the content of the Facebook group; Program materials including documents, videos, slides, worksheets, literature, recordings, audio, Q & As, and any content produced by or provided to you by CULTIVATE FERTILITY; CULTIVATE FERTILITY know-how; the names and contact information of current or past participants in the Program; login credentials to access any Program information or CULTIVATE FERTILITY website or content; information shared in the course of the Program or in the secret Facebook group by Program participants with other Program participants; anything offered by a Program participant to other participants that is intended to remain private.
Given the personal and sensitive nature of fertility, and the fact that often times immediate or close family members are involved, you should feel free to discuss your progress in the Program with these trusted individuals, but you must in no way share any information that would effectively allow an unauthorized participant in the Program, such as friends, coworkers and colleagues, and extended family members.
2.2: Authorization and Consent
Only authorized users who have duly obtained the right to access the Program by personally agreeing to the terms of this (or similar) Agreement are permitted to participate in the Program and access Program-related materials. Except as expressly authorized by this Agreement, you shall not provide or make available any Confidential Information, or use or share the Confidential Information with any third party, or otherwise disclose or discuss any Confidential Information revealed in any portion of the Program for any purpose other than exercising rights expressly granted to you by this Agreement.
2.3: Social Media
Your use of any social media channels or groups operated by CULTIVATE FERTILITY is at the sole discretion of CULTIVATE FERTILITY. If you choose to use any of these channels or groups, the terms of this Agreement apply, as do the terms of service of the relevant social media service provider (i.e. Facebook) and you agree to comply with these terms. You may not solicit, harass, or collect data from other group members (including their names and contact information). You may not directly contact other group members without their express permission. You may not use information obtained from these channels or groups for any purpose other than the limited purpose of discussing the skills and strategies conveyed in the Program. You agree to follow any rules disseminated by CULTIVATE FERTILITY for the social media channels or groups.
2.4: Online Reviews
We value your feedback on the Program. However, in order to be valuable to others, you agree not to disparage any participant in the Program or any member of the CULTIVATE FERTILITY team, online and offline. While you may leave reviews on various online websites, you agree to present only truthful and accurate information, including by associating your real name with any such review. If you are unsatisfied with any portion of the Program, prior to leaving a review please reach out to our team to discuss your experience as the goal is to help you succeed and adjustments can be made during the Program. If you chose to continue with the Program without addressing issues, you do so at your own risk and you must disclose this fact in any review of the Program. You agree that failure to fully disclose this information in any review is grounds for the review to be removed and you agree to take all necessary steps to either truthfully edit or remove any such review deemed by CULTIVATE FERTILITY not to comply with this provision or any other term in this Agreement.
2.5: Alumni Groups and Post-Program Maintenance
CULTIVATE FERTILITY fully supports and encourages Program participants to connect with one another outside of the Program. However, CULTIVATE FERTILITY does not allow its Confidential Information, including Program content, to be used in alumni or support groups upon completion of the Program, or to be used in coaching, teaching or re-teaching seminars, webinars, reviews, or group meetings in any context or format or for any other purpose similar to that of the Program.
Section 3: Intellectual Property
You acknowledge that all content and materials provided to you during the course of the Program are the sole intellectual property of CULTIVATE FERTILITY or its licensors under United States copyright, trademark and other intellectual property laws and international treaties. CULTIVATE FERTILITY and its third party licensors own and shall continue to own all right, title, and interest in and to the intellectual property used in connection with the Program. Except for the limited, revocable license expressly granted to you to access the materials provided during the Program herein, this Agreement does not grant you any ownership or other right or interest in or to any intellectual property rights of CULTIVATE FERTILITY or its licensors whether by implication, estoppel, or otherwise. All trademarks or service marks that CULTIVATE FERTILITY uses in connection with services rendered are marks owned by CULTIVATE FERTILITY or its licensors This Agreement does not grant you any right, license, or interest in such marks. You agree you will not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
While you retain possession of some content provided to you through participation in the Program, you may only continue to use that for your own sole and exclusive personal reference. You may not use, copy, share, distribute, publish, or create derivative works of any content or materials provided to you during the Program or review, teach or re-teach the material without the express consent of CULTIVATE FERTILITY. This includes posting content or materials on social media, sharing content with anyone who is not a Program participant, or otherwise using the content outside of the Program, including in an alumni or unofficial post-Program support group.
Section 4: Membership and Program Fees
4.1: Under the terms of this Agreement, CULTIVATE FERTILITY agrees to provide content and services to you in the form of webinars, audio and/or visual materials, and live group coaching sessions, presentations, and periodic personal coaching and evaluation in exchange for a Program Fee. Your access to the Program and any Confidential Information is expressly conditioned on successful payment of the Program Fee.
4.2: Termination and Survival
While rare and unexpected, CULTIVATE FERTILITY may terminate this Agreement at any time in its discretion upon notice to you. Upon completion of the Program or termination of this Agreement, Sections 2 and 3 in their entirety shall survive termination of this Agreement and bind you in perpetuity.
4.3: Program Fee
By accepting the terms of this Agreement, you agree and understand that you are committing to pay CULTIVATE FERTILITY the Program Fee for your participation in the Program and access to Program materials.
4.4: Consents and Licenses
By participating in the Program, you are consenting to CULTIVATE FERTILITY at any time reproducing and/ or disseminating any testimonial(s) describing or otherwise referencing, either directly or indirectly, your experience participating in the Program, including any specific results experienced by you over the course of such participation. You agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to the Program. You further represent that any such statements or testimonials that you make shall be correct, accurate, and truthful. If you “tag” or otherwise include CULTIVATE FERTILITY in any social media post, you consent to CULTIVATE FERTILITY re-posting, sharing, or otherwise using your post and any media contained therein (“the Post”) for its own business purposes, including marketing. You hereby grant CULTIVATE FERTILITY an unlimited, fully-paid, non-terminable license, in perpetuity, to use the Post in any medium whatsoever, throughout the world, and to reproduce, create derivative works from, display, and distribute the Post for any purpose consistent with this Agreement.
4.5: No Refunds
CULTIVATE FERTILITY maintains a strict no-refund policy for its Program(s). You acknowledge and understand that your participation and membership in this Program means you are affirmatively seeking the benefits offered by the Program and you are taking full responsibility for your own success. You acknowledge your success depends upon your good-faith participation and application of the tools provided in the Program. Thus, you agree that you will not request a refund and no refunds need be issued for any reason other than as set forth herein or as determined in CULTIVATE FERTILITY’S sole discretion.
If you breach any term of this Agreement, you will not be entitled to a refund under any circumstances and your membership and participation in the Program, including access and license to Program materials, will end immediately. You acknowledge that your breach of this Agreement at any time, during or after your participation in the program, may cause damages to CULTIVATE FERTILITY, its team members, and/or other Program participants, and you may be held liable for these damages, including any costs or fees (including attorney’s fees) incurred in enforcing this Agreement.
Section 5: Warranties
5.1: No Warranty
CULTIVATE FERTILITY provides the Program without any warranty of any kind, and CULTIVATE FERTILITY does not guarantee any result from your participation in the Program. You take full responsibility for your own action, inaction, and success.
There is no warranty of fitness for a particular purpose, merchantability, non-infringement, or any other warranty.
Further, you acknowledge that everyone's success is different and dependent on individual factors, and we do not guarantee results.
5.2: Amendments to this Agreement
CULTIVATE FERTILITY reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at www.cultivateftertility.com and/or by emailing you with updated terms. By continuing to use any services provided by CULTIVATE FERTILITY you are agreeing to the updated version of the Agreement.
Section 6: Good Faith and Conflict Resolution
We always do our best to provide a flawless customer experience and give 100% in service to you. You agree to reach out to us at any point during the Program if you are feeling unsatisfied by any part of the Program so that we may work to address any issues in a timely fashion. Failure to do this constitutes a breach of this Agreement.
Please address concerns or any issues you may have with the Program in the appropriate channels, which include an email to us so we can address your concerns and make sure you are heard. It is our goal to serve you the best we can and we welcome your concerns or feedback.
By clicking the "Accept Terms & Conditions" box, you acknowledge that you understand and agree to all of the aforementioned terms, including those related to Confidentiality, Program Fees, the no refund policy, and the conflict resolution policy.