Terms and Conditions

This website is owned and operated by DiAngelo and Associates, LLC. (“Company,” “we,” or “us”) and Mile Hydrate Mobile Wellness and Esthetics and Holistic Intermittent Fasting (DBA/Trade names) are subsidiaries.

You acknowledge and agree that, as provided in greater detail in these Terms:

OUR SERVICE IS NOT INTENDED FOR EMERGENCY SITUATIONS. IN THE EVENT OF A MEDICAL EMERGENCY, PLEASE CALL 911 OR APPROPRIATE EMERGENCY RESPONDERS.

  • The Company or Mile Hydrate Mobile Wellness and Esthetics or Holistic Intermittent Fasting ( “MH”/“HIF” and/or “Service”) are not your healthcare provider and we do not provide you any medical advice through the Service.
  • The Company may make unilateral modifications to these Terms.
  • Your use of the Service may be subject to separate third-party terms of service and fees, including, without limitation, the terms of service and data, SMS, MMS, and other fees of your mobile network operator (the “Carrier”), which are your sole responsibility.
  • The Service is provided “as is” without warranties of any kind and the Company’s liability to you is limited.
  • These Terms provide that all disputes between you and the Company will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section XXV Dispute Resolution and Arbitration section for the details regarding your agreement to arbitrate any disputes with DiAngelo and Associates, LLC.

This Terms and Condition along with the Disclaimer, and Privacy Policy, governs your access to and use of mile-hydrate.com and holisticfasting.com, including any content, functionality and services offered on or through mile-hydrate.com and holisticfasting.com (the “Websites”), whether as a guest or a registered user.

Please read the Disclaimer Section VII and XII carefully before you start to use the Websites. By using the Websites or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by the Disclaimer. If you do not want to agree to the Privacy Policy, you must not access or use the Websites.

 

SECTION I

USE OF OUR SERVICE.

  1. Eligibility. This is a contract between you and the Company. By accepting these Terms, you represent and warrant to us that: (a) you are at least eighteen (18) years of age and not older than 65; (b) you have not previously been suspended or removed from the Service; (c) your registration and your use of the Service is in compliance with all applicable laws and regulations; and (d) you are physically located in the United States and within a jurisdiction in which we offer our Service, including, without limitation, when utilizing the Service to receive virtual consultations and education from the Company (as defined below). You cannot use the Service on behalf of an entity, organization, or company, and you cannot represent and warrant that you are an authorized representative of an entity. You agree to be bound by these Terms as a sole entity.
  2. Before purchasing any coaching or consultation products, you must meet the health criteria as set forth in the Service Eligibility Criteria.
  3. Fitness for Treatment. In some cases, the Services may not be the most appropriate way for you to seek alternative health care, education, and treatment. To assist you in determining whether the Services are a fit for your needs, we may ask a series of initial questions during registration for personal coaching and/or opt-ins to other educational products. Based on your responses to these questions, we may determine that you are not eligible to utilize the Services. In such a case, you will be notified that you will be unable to use the Services. If this occurs, your registration will remain on file with the Services, but you will not be able to further utilize the Services. You can always return to the Services at a later time to determine whether your eligibility has changed. In addition, if you utilize the Services without disclosing your ineligible current health status and diagnoses, the Company may, during the course of your use of the Services, determine that your medical condition and/or treatment require that you seek medical attention from an outside medical establishment and/or that the Services are otherwise not appropriate for you. In such a case, you may receive a notice from the Company notifying you that you should seek medical care or treatment outside of the Services and/or that you may be unable to continue using the Services and such notice may provide you with additional information regarding next steps.
  4. The Company Services Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Services and the Company Materials (as defined in Section XVIII) solely for your personal, noncommercial use. The Company reserves all rights not expressly granted herein in the Services and the Company Materials. The Company may terminate this license at any time for any or no reason. Even after your license to access and use the Services and the Company Materials is terminated, these Terms, including all of your obligations under these Terms prior to such termination, will remain in full force and effect and will govern any and all disputes arising out of your access and use of the Services and the Company Materials.
  5. Accounts and Registration. Subject to your eligibility to use the Services and compliance with these Terms, you may access the Services. Some features of the Services may be available without registration; however, to access most features of the Services you must register for an account. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at shelley@mile-hydrate.com or shelley@holisticfasting.com. Furthermore, the Company reserves the right to take any and all action, as it deems necessary, regarding the security of our Services and your account and password information. Under no circumstances shall any of the Company or its officers, directors, employees, consultants, subsidiaries, agents, and affiliated individuals or entities, including the Providers and/or any professional corporation that employs or contracts with any Providers (collectively, the “the Company Entities”) be held liable to you for any liabilities or damages resulting from your failure to comply with these Terms, including any failure by you to keep your account and password or other information secure.
  6. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
    1. use the Services to compete with the Company’s business;
    2. use the Services for any illegal purpose or in violation of any applicable law or regulation, including, without limitation, any local, state, national, or international law;
    3. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property or privacy right;
    4. post, upload, or distribute any User Content as defined in Section VI or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
    5. interfere with security-related features of the Services, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Services except to the extent that the activity is expressly permitted by applicable law;
    6. interfere with the operation of the Services or any user’s enjoyment of the Services, including by: (i) uploading or otherwise any disseminating virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Services; (iii) attempting to collect personal information about another user or third party without consent; (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Services; (v) violating any regulation, policy, or procedure of any network, equipment, or server; or (vi) manipulating or otherwise displaying the Services by using framing, mirroring or similar navigational technology;
    7. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Services account without permission, or falsifying your age or date of birth or any other information provided or submitted to the Services;
    8. sell or otherwise transfer the access granted under these Terms or any Company Materials; or
    9. attempt to do any of the acts described in this Section I,5 or assist or permit any person in engaging in any of the acts described in this Section 1,5.

 

SECTION II

PRICING, CHARGES, AND PAYMENT TERMS.

  1. Health Plan and Employer Provider Pricing and Payment Terms.No reimbursements will be made to a health plan or employer provider. You agree to use the Services as an individual and the pricing and payment terms are between the Company and you. If you choose to use insurance coverage for the Services, or if payment or coverage is denied by your health plan or employer provider, and you have used the Services, you acknowledge and agree that you will be personally responsible for all fees or charges. The Company offers no guarantee that your health plan or employer provider will be responsible for such fees or charges.
  2. Individual Pricing and Payment Terms. You are accessing or using the Services on an individual basis. If you elect to use paid aspects of the Services, you agree to the pricing and payment terms as set forth in your account or made available to you online. The Company may add new services for additional fees and charges and to add or amend fees and charges for existing services. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms.
  3. Optional Continued Coverage. You agree to pay the fees or charges, or any portion of the fees or charges for ongoing enrollment and/or membership with the Services. In the event that you are no longer able to pay, then you or the Company will terminate the Services.
  4. If you pay for any part of the Services by credit card, you hereby authorize the Company, or a third party appointed by the Company, to bill and charge the credit card indicated in your registration information for any fees and other amounts that may become due and payable. Both Convertkit and Hydreight are currently our third-party service providers for payment services. Convertkit and Hydreight process your payments and by using our Services you agree to be bound by Convertkit’s and Hydreight’s Service Terms available at https://hydreight.com and https://convertkit.com/.
  5. Automatic Renewal. IF YOU HAVE SELECTED TO PAY FOR THE SERVICES ON A MONTHLY BASIS, UNLESS YOU NOTIFY US IN WRITING BY EMAILING shelley@mile-hydrate.com or shelley@holisticfasting.com BEFORE A CHARGE THAT YOU WANT TO CANCEL OR THAT YOU DO NOT WANT THE SERVICES TO AUTO RENEW, YOU UNDERSTAND AND AGREE THAT YOUR MONTHLY CHARGES, AT THE FEES SET FORTH IN YOUR ACCOUNT OR MADE AVAILABLE TO YOU ONLINE, WILL AUTOMATICALLY RENEW ON A CONTINUOUS MONTHLY BASIS AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO CHARGE YOU THE MONTHLY FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
  6. Refunds. You may cancel your request for Services or account within fourteen (14) calendar days after registering for the Services and you may receive a refund for the Services for which you paid (the “Refund Period”). All refunds will be reapplied to your credit card on file with the Company and will be processed within four to six (4 – 6) weeks of your request. To request a refund within the Refund Period, you must email shelley@mile-hydrate.com or shelley@holisticfasting.comand use the word REFUND in capital letters in the subject line of the email. You may cancel your account as set forth in these Terms, however there are no refunds for cancellation besides those described herein under the Refund Period. In the event that we suspend or terminate your account or these Terms, you understand and agree that you shall receive no refund.

6a. CANCELLATION / REFUND POLICIES. We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the strategies in the program(s). You must also demonstrate that you have attempted to implement the program without success. In order to qualify for a refund, you must submit proof that you did the work in the course and that the course still did not work for you. Please note, if you select the multiple payment option, we are not able to stop payments without a refund request being submitted.

With respect to any purchase of an educational course, you must request your money back within fourteen (14) days of the purchase. There will be no refund of any services beyond the 15th day after purchase. You may request your money back by emailing shelley@mile-hydrate.com or shelley@holisticfasting.com and use the word REFUND in capital letters in the subject line of the email. The email must contain information and photocopies of receipts to include your name, purchase date, purchase price and the name of the purchased program, and the email and name associated with any such purchase. You must also demonstrate you have attempted to implement the program without success. To meet this requirement, you must submit the work outlined below based on the program you are requesting a refund for. There are no refunds for all labs, supplies, and medications already used and/or purchased for your interventions.

The work that you need to submit with your request for a refund includes ALL of the following items, which are all taught inside the Company’s Services:

  1. If you are a type 2 diabetic, your most recent week’s blood sugar record (within seven (14) days of the refund request date
  2. If you are a type 2 diabetic, your last 3 HgA1c lab results (within three (3) months of the refund request date
  3. If you are a type 2 diabetic, your target blood sugars and HgA1c based on your age
  4. A detailed list of all non-pharmacological interventions implemented consistently x ninety (90) days or since you started the services
  5. Copies/transcripts of any and all virtual communication, or otherwise, with the Company regarding inability to use, implement, or understand the Services.

Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under these Terms of Use or any other agreement. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media-groups limited to paying members, and other resources.

 

SECTION III

ACCESS AND CONNECTIVITY.

You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities (consistent with any technical, quality or other requirements described in the Services) to enable use of the Services.

The Company reserves the right to change the access configuration, including any software, hardware or other requirements of the Services at any time without prior notice.

The Company provides no technological assistance, guidance, or advice.

SECTION IV

MEDICAL EQUIPMENT.

The Company Entities do not provide users any medical supplies, including blood glucose meters, blood sugar and blood ketone strips, infusion supplies, medications, etc. The purchase, use, and technical requirements and support of any supplies outside of the Company, is at your sole discretion and responsibility. By accepting these Terms, you agree that all items purchased by you are for your personal use only. By accepting these Terms, you acknowledge, and hereby agree that for any supplies you choose to purchase outside of our services, you do not seek reimbursement from the Company for these purchased by you from outside entities, including Medicaid, Medicare, commercial payers, any state or federal healthcare programs.

SECTION V

NO MEDICAL ADVICE.

The Company is not itself a healthcare provider, and the information you receive through the Company is not responsible for providing you with any medical care and treatment. We do not control or interfere with the practice of medicine outside the Company. By accepting these Terms and by using the Services, you are not entering into a medical provider relationship. The information and interventions provided by the Company as part of the Company Materials and through the Services is for general specific medical and informational purposes only that pertain to Company Services. None of the Company Materials or Services should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.

The information contained on these Websites and the resources available for download through these websites are not intended as, and shall not be understood or construed as, professional advice. While the employees and/or owners of the Company are professionals and the information provided on these Websites relate to issues within the Company’s area of professionalism and expertise, the information contained on these Websites is not a substitute for advice from a licensed medical professional who is aware of the facts and circumstances of your individual situation.

We have done our best to ensure that the information provided on these Websites and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through these Websites should be understood as a recommendation that you should not consult with a medical professional to address your particular information. The Company expressly recommends that you seek advice from a licensed medical professional.

Neither the Company nor any of its employees or owners shall be held liable or responsible for any errors or omissions on this website or for any damage you may suffer as a result of failing to seek competent advice from a licensed medical professional who is familiar with your situation.

SECTION VI

NO PROFESSIONAL-CLIENT RELATIONSHIP.

Your use of these Websites – including implementation of any suggestions set out in these Websites and/or use of any resources available on these Websites – does not create a professional-client relationship between you and the Company or any of its professionals.

The Company cannot accept you as a client unless and until we determine that there is a fit and until various requirements, such as fee arrangements and program eligibility are resolved. Thus, you recognize and agree that we have not created any professional client relationship by the use of these Websites.

SECTION VII

USER’S PERSONAL RESPONSIBILITY.

USER CONTENT.

  1. User Content Generally.Certain features of the Services may permit users to upload content to the Services (including without limitation the patient portal), including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Services.
  2. Limited License Grant to the Company.By posting or publishing User Content, you hereby grant the Company a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to use, host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). The Company’s use of your User Content will be without any compensation paid to you.
  3. Limited License Grant to Other Users. By posting and sharing User Content with another user of the Services, you grant that user a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Services.
  4. User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
    1. you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions, to use and to authorize the Company and users of the Services to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section VI and in the manner contemplated by the Company, the Services, and these Terms; and
    2. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause the Company to violate any law or regulation.
  5. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. The Company may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Services, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against the Company with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, the Company does not permit copyright-infringing activities on the Services.

By using these Websites, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on these Websites or the resources available for download from these Websites. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended on this Website.

SECTION VIII

NO GUARANTEES.

Disclaimers; No Warranties.

THE COMPANY IS NOT A HEALTHCARE PROVIDER AND CANNOT AND DOES NOT DIAGNOSE OR TREAT YOUR HEALTH CONDITIONS. THE COMPANY PROVIDES NO ENDORSEMENT, REPRESENTATION OR WARRANTY THAT ANY PARTICULAR SUPPLEMENT OR TREATMENT USED BY THE COMPANY OR ITS 3RD PARTY VENDORS IS OR WILL BE SAFE, EFFECTIVE OR APPROPRIATE FOR YOU. DO NOT USE THE SERVICES FOR MEDICAL EMERGENCIES. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 (OR THE EQUIVALENT CONTACT NUMBER FOR EMERGENCY SERVICES IN YOUR REGION) IMMEDIATELY.

THE SERVICES AND ALL THE COMPANY MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT ALLOWED BY LAW, THE COMPANY ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL THE COMPANY MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE COMPANY ENTITIES DO NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY THE COMPANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR ANY OF THE COMPANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE COMPANY ENTITIES OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR ACCESS TO, USE OR MISUSE OF, OR INABILITY TO USE THE SERVICES, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY COMPANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN THE COMPANY MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED BY LAW.

You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on these Websites or not. The Company provides educational and informational resources that are intended to help users of these websites succeed in their health goals. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or customers of the Company or otherwise – applying the principles set out in these Websites are no guarantee that you or any other person or entity will be able to obtain similar results.

SECTION IX

ERRORS AND OMISSIONS.

Thes World Wide Web Sites are a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete, and up to date. We have taken reasonable steps to ensure that the information contained in this Website is accurate, but we cannot represent that these Websites are free of errors. You accept that the information contained on these Websites may be erroneous and agree to conduct due diligence to verify any information obtained from these Websites and/or resources available on it prior to taking any action. You expressly agree not to rely upon any information contained in these websites.

SECTION X

REVIEWS.

At various times, we may provide reviews of products, services, or other resources. This may include reviews of books, services, and/or software applications. Any such reviews will represent the good-faith opinions of the author of such review. The products and services reviewed may be provided to the Company for free or at a reduced price as an incentive to provide a review.

Regardless of any such discounts, we will provide honest reviews of these products and/or services. You recognize that you should conduct your own due diligence and should not rely solely upon any reviews provided on these websites.

We will disclose the existence of any discounts or incentives received in exchange for providing a review of a product. If you would like more information about any such discounts and incentives, send an email to shelley@mile-hydrate.com or shelley@holisticfasting.com that includes the title of the reviewed product as the subject line. We will respond via email and disclose any incentives or discounts we received in association with any such review.

 

SECTION XI

AFFILIATE LINKS.

From time to time, the Company participates in affiliate marketing and may allow affiliate links to be included on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.

As a policy, the Company will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers.

The Company will inform you when one of the links constitutes an affiliate link.

You recognize that it remains your personal responsibility to investigate whether any affiliate offers are right for you and will benefit you. You will not rely on any recommendation, reference, or information provided by the Company but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or services.

SECTION XII

NO ENDORSEMENTS.

From time to time, the Company will refer to other products, services, coaches, consultants, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. The Company provides this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such product, service, coach, consultant, and/or expert.

 

SECTION XIII

TESTIMONIALS.

At various places on these Websites, you may find testimonials from clients and customers of the products and services offered on these Websites or by the Company. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on these Websites.

Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on these Websites or by the Company.

SECTION XIV

SUCCESS DISCLAIMER.

From time to time, the Company may report on the success of one of its existing or prior clients/customers. The information about this success is accurately portrayed by the Customer. You acknowledge that the prior success of others does not guarantee your success.

As with any health goal, your results may vary and will be based on your individual capacity, experience, expertise/knowledge, and level of desire. There are no guarantees concerning the level of success you may experience. There is no guarantee that you will reach your goal at all, and you accept the risk that the results differ by individual. Each individual’s success depends on his or her background, dedication, desire and motivation.

The use of our information, products and services should be based on your own due diligence and you agree that the Company is not liable for any success or failure of your health goals that is directly or indirectly related to the purchase and use of our information, products, and services reviewed or advertised on these Websites.

SECTION XV

NO WARRANTIES.

THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THESE WEBSITES. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THESE WEBSITES. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

SECTION XVI

LIMITATION OF LIABILITY.

YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THESE WEBSITES AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THESE WEBSITES. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THESE WEBSITES.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITES AT ANY TIME.

THE COMPANY 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 WEBSITES 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. THE COMPANY 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 THE COMPANY 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 WEBSITES, WITH THE DELAY OR INABILITY TO USE THE WEBSITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY 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 WEBSITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES.

SECTION XVII

TERMINATION OF USE; DISCONTINUATION AND MODIFICATION OF THE SERVICE.

If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, the Company may, in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at shelley@mile-hydrate.com or shelley@holisticfasting.com. If you terminate your account, you remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination.

 

SECTION XVIII

ADDITIONAL TERMS.

Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules that are applicable to a particular feature or content on the Service. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

 

SECTION XIX

MODIFICATION OF THESE TERMS.

We reserve the right, at our sole discretion, to change or update these Terms from time to time. Please check these Terms periodically for changes or updates. Immaterial modifications are effective upon publication. If a change or update to these Terms materially modifies your rights or obligations, we will update the “last updated” date in the footer of this page. Your continued use of the Service after any such change or update constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future Terms, do not use or access (or continue to access) the Service.

 

SECTION XX

OWNERSHIP; PROPRIETARY RIGHTS.

The Service is owned and operated by the Company. The visual interfaces, graphics, names, logos, marks, content (other than User Content), design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“The Company Materials”) provided by the Company are protected by intellectual property and other laws. All the Company Materials contained in the Service and all trademarks, service marks, copyrights and any and all other intellectual property rights and proprietary material related thereto are, and will remain, the exclusive property of the Company or our third-party licensors. Except as expressly authorized by the Company, you may not make use of the Company Materials. The Company reserves all rights to the Company Materials not granted expressly in these Terms.

 

SECTION XXI

INDEMNITY.

You agree that you will be responsible for your use of the Service, and you agree to defend and indemnify the Company Entities from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

SECTION XXII

NON-SECURE COMMUNICATIONS.

The Company Entities are required to comply with the federal healthcare privacy and security laws and maintain safeguards to protect the security of your health information. Additionally, the information you provide to the Company during a consultation is legally confidential, except for certain legal exceptions as more fully described in our Notice of Privacy Practices. We devote considerable effort toward ensuring that your personal information is secure. Information regarding our use of health and other personal information is provided in our Privacy Policy and Notice of Privacy Practices, currently available at Privacy Policy. As part of providing you the Services, we will communicate to you via email message. Email messages are not secure methods of communication, and the Company Entities cannot ensure the security or confidentiality of messages sent by email message. Information, including personal health information, transmitted by email message is not encrypted and could be read by a third party. If you would prefer not to exchange personal health information via email message, please notify us at shelley@mile-hydrate.com or shelley@holisticfasting.com.

 

SECTION XXIII

LIMITATION OF LIABILITY.

IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY THE COMPANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY HIF ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY ENTITIES TO YOU, FOR ALL CLAIMS ARISING OUT OF, OR RELATING TO, THE USE OF OR ANY INABILITY TO USE, ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR ACCESS TO AND USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM; OR (B) ONE THOUSAND U.S. DOLLARS (USD $1,000.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. TO THE EXTENT THAT WE MAY NOT LIMIT OUR LIABILITIES, THE EXTENT OF SUCH LIABILITIES WILL BE THE MINIMUM PERMITTED BY LAW.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION XXI WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SECTION XXIV

DISAGREEMENTS BETWEEN USERS.

You alone are responsible for your communications, interactions, agreements, representations, promises or any other involvement with other users of the Service (“Users”). The Company reserves the right, but has no obligation, to monitor disagreements between you and other Users. If you have a dispute with one or more Users, you irrevocably and forever release the Company Entities from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

SECTION XXV

GOVERNING LAW.

These Terms are governed by the laws of the State of Colorado without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and the Company agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in or near Denver, Colorado for the purpose of litigating any dispute. We operate the Service from our offices in Colorado, and we make no representation that the Company Materials included in the Service are appropriate or available for use in other locations.

SECTION XXVI

GENERAL.

These Terms, the consent to use of MH or HIF and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and the Company regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive, will survive.

SECTION XXVII

DISPUTE RESOLUTION AND ARBITRATION.

Generally. In the interest of resolving disputes between you and any Company Entity in the most expedient and cost-effective manner, you and each Company Entity agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND EACH COMPANY ENTITY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

  1. Exceptions. We both agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either of us to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
  2. Arbitrator. Any arbitration between you and any Company Entity will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879.
  3. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other by electronic mail (“Notice”). The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or any Company Entity may commence an arbitration proceeding. The parties shall have the ability to take discovery on and exchange relevant information, on a confidential basis, about the dispute. During the arbitration, the amount of any settlement offer made by you or any Company Entity must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If our dispute is finally resolved through arbitration in your favor, the applicable Company Entity will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by the applicable Company Entity in settlement of the dispute prior to the arbitrator’s award; or (iii) one thousand U.S. Dollars (USD $1,000). Except as required to comply with law or other requirements, the arbitration proceedings, filings and outcome shall be confidential.
  4. Fees. If you commence arbitration in accordance with these Terms, the Company will not reimburse you for your payment of the filing fee. Any arbitration hearing will take place at a location to be agreed upon in or near Denver, Colorado, but if the claim is for ten thousand U.S. Dollars (USD $10,000) or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance-based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse the Company for all monies previously disbursed by any Company Entity that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
  5. No Class Actions. YOU AND EACH COMPANY ENTITY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and each applicable Company Entity 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.
  6. Modifications. If the Company makes any future change to this arbitration provision you may reject the change by sending us electronic notice within 30 days of the change for Notice to shelley@mile-hydrate.com or shelley@holisticfasting.com, in which case your account with the Company will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.
  7. Enforceability. If Section 25.5 is found to be unenforceable or if the entirety of this Section 25 is found to be unenforceable, then the entirety of this Section 25 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 23 will govern any action arising out of or related to these Terms.

 

SECTION XXVIII

CONSENT TO ELECTRONIC COMMUNICATIONS.

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

 

SECTION XXIX

CONTACT INFORMATION.

The Service is offered by DiAngelo and Associates, LLC, located in Arvada, CO, 80007. You may contact us by sending correspondence by emailing us at shelley@mile-hydrate.com or shelley@holisticfasting.com.