Please read these Terms of Use for the Autoimmune Reset TM Online Course (the “Terms of Use”) carefully. You must agree to these Terms of Use before purchasing, enrolling in, accessing or using the Autoimmune Reset Online Course (the “Program”), which is owned and operated by Lehua Naturopathic Medicine Inc. doing business as Autoimmune Solutions (“Autoimmune Solutions”, “we”, “our” or “us”), wherever the Program is hosted, whether on a website operated by Autoimmune Solutions, or on a third-party website or platform. The term “you” refers to any purchaser, user and/or participant of the Program.
By purchasing or using the Program, you accept and agree to these Terms of Use, and you are required to act in accordance with them, whether or not you have read them. If you do not want to agree to these Terms of Use, you must not purchase or use the Program or any portion thereof.
These Terms of Use state how you may use the Program, including any and all materials made available to you in the Program. This includes, without limitation, the words, design, layout, look, appearance, graphics, photos, images, information, materials, documents, data, videos and video files and recordings, voice/audio files and recordings including downloadable Mp3 audio files, webinars and recorded webinars, emails, downloadable PDFs, worksheets, workbooks, forms, guides, questionnaires, e- books, handouts and slides, and all other similar materials and all other information and intellectual property accessible on or through the Program and any website or e-mails we may use to distribute or host the Program or any part thereof, as well as the look and feel of all of the foregoing (collectively, the “Program Content”).
These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using the Program and Program Content that you are waiving certain legal rights and you are voluntarily agreeing to do so.
Please review the terms of our Privacy Policy (the “Privacy Policy”) for how your information is stored and shared.
1. Information and Education Only; Not Medical Advice
The Program is for informational and educational purposes only and is not to be perceived as or relied upon in any way as medical advice for any individual. The Program is NOT intended as, and must not be understood as or construed as, medical care or advice, the practice of medicine or naturopathic medicine, the practice of dietetics or nutrition therapy, the practice of counseling care including, without limitation, psychiatry, psychology, psychotherapy, or as providing any form of medical diagnosis or treatment. Furthermore, the Program is not intended to and does not diagnose, treat, cure, or prevent any disease or medical condition.
While Dr. Nicole Fujiyama is a naturopathic doctor licensed in the State of California, and the Program relates to health, it is only educational, and no naturopathic medical services are provided on or through the Program or to any participant in the Program. Information presented in the Program is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual.
Your enrollment in the Program, including your access to information provided in the Program or implementation of any suggestions set out in the Program or Program Content, DOES NOT create a doctor-patient relationship between you and Dr. Nicole Fujiyama, or any other doctor or professional that may be associated with the Program. You should not rely on the Program or Program Content as a substitute for the professional medical advice, diagnosis, or treatment from a qualified healthcare provider who is familiar with your individual situation. Do not disregard, avoid or delay obtaining medical advice from a licensed medical or health professional because of something you have read, viewed, or heard on or in the Program or Program Content. Always seek the advice of your qualified health care provider with any questions you have regarding a medical condition or your health and prior to changing any medications, taking any herbal or dietary supplements, using any treatment for a health problem, or undertaking any significant changes to your health care regimen.
Because we expressly recommend that you seek advice from a licensed medical or healthcare professional who has knowledge of the facts and circumstances of your individual situation, the use of any information provided in the Program is solely at your own risk. Neither Autoimmune Solutions nor Dr. Fujiyama shall be held liable or responsible for any errors or omissions in the Program or for any damage you may suffer because of failing to seek competent medical advice from a licensed medical or health care professional who has knowledge of the facts and circumstances of your individual situation.
Information and statements in the Program regarding dietary supplements and products have not been evaluated by the Food and Drug Administration. Any dietary supplements or products which may be mentioned in the Program are not intended to diagnose, treat, cure, or prevent any disease.
2. Participants
The Program is intended solely for users who are eighteen (18) years of age or older. Any purchase by, use of, or access to the Program by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using the Program, you represent and warrant that you are at least 18 years old. Autoimmune Solutions hereby disclaims all liability for use by individuals under the age of 18.
3. The Program
The Program is an eight (8) week educational program about autoimmune health covering nutrition, lifestyle, sleep, movement, mindset, stress, supplements, and information about toxins and environmental impacts as they relate to autoimmune diseases. As a participant in the Program you will receive:
● Access to the Autoimmune Reset membership site that includes your downloadable PDF handouts and guides, recipes and video recordings
● Eight (8) live group educational sessions (one each week of the Program) with Dr. Fujiyama (Calls are recorded and available for those who cannot attend live)*
● Access to the Autoimmune Reset members-only private peer support Community Forum – You will have access to it during the Program and for a few weeks after.
*Group calls are solely to provide education and information and are not medical advice and do not create a doctor-patient relationship between you and Dr. Fujiyama.
4. Program Fees, Payments, and Refund Policy
a. Payment Policies Payment Terms for the Program: You have two payment options to purchase access to the Program.
Option 1: Pay Upfront in full.
Option 2: Two (2) payments of $ 648.5 each (Total $1297) *First payment due upfront, and second payment at the beginning of week 4.
If you choose Option 2, your credit card will be automatically charged at the beginning of week 4 without any additional notice. You give Autoimmune Solutions the authorization to charge your credit card by choosing this option.
By purchasing the Program, you agree that Autoimmune Solutions is authorized to share any payment information and instructions required to complete the payment transactions with any third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services) such as Stripe, Square, and others. Autoimmune Solutions cannot and does not control and has no responsibility or liability for the policies or actions of the payment processing companies.
Declined or Failed Payment:
If there is a declined or failed payment, you will receive an e-mail sent immediately upon decline with a one-day deadline to make payment. If there is still no payment after one day, you will receive a second e-mail alerting you that your access to the Program has been discontinued until the account is brought up to date. At this point, you will not be granted access to any Program Content until payment is received, and we reserve the right to terminate your access to the Program and all Program Content immediately and 4 permanently; this includes access to the Program membership site, the Community Forum, e-mail communications, group calls, or any other method of communications related to the Program without refund.
If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from the Program at any time or for any reason whatsoever, you will remain fully responsible for the full cost of the Program and all remaining payments if you are paying in a payment plan of monthly installments. We reserve our right to seek payment from you for any delinquent payment that is not provided by or upon the date due by enlisting the help of a collections’ agency, and we may exercise our right to report your delinquent payment to all three credit reporting agencies, either directly or through the help of a collections’ agency.
You agree to only purchase the Program for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information. And you agree to be financially responsible for any purchases made by you or someone acting on your behalf.
Thank You Fee for Referring Friends and Family: We appreciate you respecting our intellectual property and not sharing your Program access or any Program Content with family and friends. We will gladly offer you a $25 “Thank you” if you refer them and they make a purchase of the Program. Contact us at info@drfujiyamand.com for more information.
b. Refund Policy
Your satisfaction with the Program is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and providing the Program, we only offer a limited refund.
If we receive your request email to info@drfujiyamand.com within the first 7 days after the start of the Program/after purchase, we will offer a full refund.
NO refunds will be provided at any time after 7 days from the start of the Program/date of purchase, and NO exceptions will be made.
To request a refund email info@drfujiyamand.com with the subject line REFUND. Upon determining that you are entitled to a refund pursuant to this policy, we will issue an instruction to our payment processor to issue the refund and any future payments will be canceled. If you receive a refund, you will immediately lose all access to the Program and Program Content including Program membership site, group calls and Community Forum.
Since there is a clear and explicit Refund Policy in these Terms of Use that you agree to prior to completing your purchase of the Program, Autoimmune Solutions does not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or the payment processor. If a chargeback is placed on a purchase or Autoimmune Solutions receives a chargeback threat during or after your purchase, Autoimmune Solutions reserves the right to report 5 the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, e-mail address, order date, order amount, and billing address. If you then wish to have this report removed from your credit report, you must make the payment owed for the amount of the chargeback. Once payment owed is received, the appropriate reports to the credit agencies will be made.
5. Intellectual Property Rights
a. Ownership of Program Content and Autoimmune Solutions’ Limited License to You The Program, including without limitation, the words, design, layout, look, appearance, graphics, photos, images, information, materials, documents, data, videos and video files and recordings, voice/audio files and recordings including downloadable Mp3 audio files, webinars and recorded webinars, emails, downloadable PDFs, worksheets, workbooks, forms, guides, questionnaires, e-books, handouts and slides, and all other similar materials and all other information and intellectual property accessible on or through the Program and any website or e-mails we may use to distribute or host the Program or any part thereof, as well as the look and feel of all of the foregoing (collectively, the “Program Content”; previously defined and stated here again for further clarity and avoidance of doubt) are the property of and solely owned by Autoimmune Solutions or our affiliates, licensors, successors-in-interest, assignees, or suppliers unless otherwise noted, and are protected by copyright, trademark 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 on or in the Program Content as well as these Terms of Use.
When you purchase the Program or view or access any Program Content, Autoimmune Solutions is granting you a limited, revocable, non-transferable, non-exclusive license to access and use the Program and Program Content for your own personal, non-commercial use ONLY. This license is limited to you only for your personal use, and NOT for your business or commercial use or in any way that earns you money.
You are NOT permitted to share any Program Content with your friends, family, colleagues, or any other person. If they would like access to the Program, they must purchase their own license to the Program separately. *Please contact us at to learn more about our friends and family referral “Thank you” fee.
This means that when you purchase the Program, you may watch, listen to, download and/or print Program Content for your own personal use, BUT you are NOT permitted to copy, duplicate, reprint, republish, reproduce, share, sell/re-sell, display, disclose, or redistribute any part of the Program or Program Content with or to friends, family members, colleagues, or any other third party, or use any 6 Program Content for commercial purposes or in any way that earns you money. For avoidance of doubt, this means you may NOT adapt or represent any part of the Program in any way as if it is yours or created by you and you may not reprint or republish any part of the Program and Program Content for publication or compilation into your own products, programs or services for business or commercial use or in any way that earns you or a third-party money.
Furthermore, you may not hypertext, frame or inline link to any part of the Program or Program Content, nor may you state or imply any sponsorship, endorsement by, or ownership of the Program or Program Content without the express written permission of Autoimmune Solutions.
You understand that purchasing, downloading, printing, or otherwise using the Program and Program Content in no way gives you any copyright, trademark, intellectual property or ownership rights in the Program or Program Content. It is still the property of Autoimmune Solutions.
Any trademarks and logos displayed on the Programs and Program Content are trademarks belonging to Autoimmune Solutions unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without the express written permission of Autoimmune Solutions.
All rights not expressly granted in these Terms of Use or any express written license, are reserved by Autoimmune Solutions.
b. Request for Permission to Use the Program Content
If you wish to use any portion of the Program Content, or any other intellectual property or property belonging to Autoimmune Solutions, and of our affiliates in any way that is prohibited by or not expressly permitted by these Terms of Use, you must request permission in writing from Autoimmune Solutions BEFORE you use such Program Content by sending an e-mail to info@drfujiyamand.com.
If you do receive the express written permission of Autoimmune Solutions, you are only granted permission to use the applicable portion of the Program Content as explicitly granted in such writing. In other words, you agree to use only the specific Program Content that Autoimmune Solutions allows and only in the ways for which Autoimmune Solutions has given you written permission. If you use the Program Content in ways that Autoimmune Solutions does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Program Content from Autoimmune Solutions, and you consent to immediately stop using such Program Content and to take whatever actions as Autoimmune Solutions may request and by the methods and in the time frame that Autoimmune Solutions prescribes to protect its intellectual property and ownership rights in the Program and the Program Content, and you will be subject to penalties for Unauthorized Use and Infringement of Program Content as set forth in these Terms of Use.
c. Unauthorized Use and Infringement of Program Content
You understand and agree that your use of the Program Content other than as expressly authorized in these Terms of Use or by a separate written consent or assignment of Autoimmune Solutions, is not permitted and is considered unauthorized use, infringement and theft (“Unauthorized Use and Infringement”) and may give rise to a civil claim for damages and/or be a criminal offense, and Autoimmune Solutions reserves the right to prosecute for theft and to enforce Autoimmune Solutions’ rights to the full extent of the law.
In the event of your Unauthorized Use and Infringement, you agree to pay liquidated damages of the greater of five (5) times the total fees paid for the Program or $5,000.00, in addition to any legal or equitable remedies Autoimmune Solutions may be entitled to pursue. This is not a penalty but an agreed upon liquidated damages charge for Unauthorized Use and Infringement.
You agree that any violation or threatened violation of by you of the Intellectual Property Rights terms in these Terms of Use would cause irreparable injury to Autoimmune Solutions that may not be adequately compensated by damages, entitling Autoimmune Solutions to obtain injunctive relief, without bond, in addition to all legal remedies.
6. Materials Provided By You – Your License to Autoimmune Solutions; Use in Testimonials and Marketing.
When you voluntarily share any information in a live group session, and when you voluntarily submit, post or upload any material such as any comments, posts, photos, designs, graphics, images, videos or other uploads or materials or other contributions (each “your Submission” or collectively “your Submissions”), on or through the Program, including the Autoimmune Reset Community Forum and/or other chat areas, comment sections, interactive service and/or other message or communication facilities designed to enable you to communicate with other users of the Program (collectively, “Communication Services”), you are representing that you are the owner of all such materials and you are at least 18 years old. By submitting, posting or uploading your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit your Submission.
When you voluntarily share any information in a live online session, and when you voluntarily submit, post or upload your Submission you are granting Autoimmune Solutions and anyone authorized by Autoimmune Solutions, permission and an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display the information you share and/or your Submission, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, including, without limitation, for Autoimmune Solutions marketing, advertising or promotional efforts, and you are granting Autoimmune Solutions the right to make it part of current or future courses or programs created, offered and sold by Autoimmune Solutions. This right includes granting Autoimmune 8 Solutions use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by Autoimmune Solutions to you.
You also grant Autoimmune Solutions, and anyone authorized by Autoimmune Solutions, the right to use your likeness and with respect to any Submissions, to also identify you as the author and/or individual depicted in any of your Submissions by name, email address, or screen name, for any purposes, including commercial purposes, marketing, and advertising. You acknowledge that Autoimmune Solutions has the right but not the obligation to use and display any of your Submissions of any kind, and that Autoimmune Solutions may elect to cease the use of any of your Submissions in the Program and Program Content at any time for any reason whatsoever.
Media Release. By participating in the Program, including any Communication Services, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your image, your voice and/or your likeness. In Autoimmune Solutions’ sole discretion, Autoimmune Solutions reserves the right to use these photographs, videos, and or/audio recordings and/or any other materials created by Autoimmune Solutions in connection with your participation in the Program, without compensation to you at any time, now or at any time in the future including, without limitation, for Autoimmune Solutions marketing, advertising or promotional efforts.
This means you give Autoimmune Solutions permission to use anything you submit or post in the Program, including any Communication Services, or any third-party forum or website hosting the Program, or anything captured by Autoimmune Solutions during your participation in the Program, including images of you and images of you in which your face is visible and recognizable, in any manner or medium and for any purpose.
All group calls will be recorded so that participants who cannot attend live can watch the recording at a later time.
PLEASE DO NOT SHOW YOUR FACE OR IMAGE IF YOU DO NOT WANT TO BE SEEN OR DO NOT WANT YOUR FACE/IMAGE RECORDED OR SHARED. DO NOT SHARE ANY INFORMATION YOU DO NOT WANT RECORDED OR RE- DISTRIBUTED TO OTHERS.
7. Your Conduct in the Program and Community Forum
a. Confidentiality of other Program Participants.
Autoimmune Solutions strives to create a safe space for all participants in the Program. You agree to keep all information you learn about other Program participants and any discussions, including in the Community Forum, strictly confidential except in very rare circumstances where disclosure is required by law. In other words, Program discussions are to be held in strict confidence and cannot be shared, referred to or mentioned outside of the Program.
b. Your Submissions and Participation in the Community Forum
You are responsible for your Submissions, which includes anything you submit, comment, post or upload, and for any liability that may result from any such Submissions. You participate, submit, comment, post and upload your Submissions at your own risk. Any communication or Submission by you on any Communication Services such as private Community Forum, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other Submissions only one time and to use any and all Communication Services, including the Community Forum, only to post, send and receive messages and material that are proper and related to the Program and particular purpose of the Communication Service. Bullying or other comments that makes other users of the Program feel poorly will not be tolerated.
Autoimmune Solutions reserves the right, in its sole discretion, to edit, modify, delete, refuse to post or otherwise remove, in whole or part, any of your Submissions on any Communication Services, including the private Community Forum, or on any website operated by the Autoimmune Solutions and any third-party forums hosting the Program Content as well as to terminate your access to the Program and/or any or all of the Communication Services at any time without notice in its sole discretion. Please note however that Dr. Fujiyama does not monitor and does not have any obligation to monitor the Community Forum or any posts, comments, or material submitted by participants.
The views of any users or participants of the Program, including on the private Community Forum, do not necessarily reflect those of Autoimmune Solutions or Dr. Fujiyama. Autoimmune Solutions and Dr. Fujiyama neither endorse nor make any representations as to the truthfulness or validity of any third-party posts, comments, information, or material found on any Communication Services. Therefore, neither Autoimmune Solutions nor Dr. Fujiyama shall be responsible for and specifically disclaim any and all liability arising from or relating to any loss or damage caused by third-party posts, comments, or materials on any Communication Services, and any actions resulting from your participation in any Communication Service, including the Community Forum.
Autoimmune Solutions reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
8. Confidentiality and Privacy Policy
Please review the Privacy Policy for how all of your information is handled as well as your rights around such information.
The Program comes with access to the Community Forum for participants of the Program. Please choose carefully the information you voluntarily share for 10 viewing by others in the Program, including any online live classes and sessions, the Community Forum, any website or social media sites, or in any third-party forums, as anything you share also can be seen, collected and used others, and become public. Any personal information you voluntarily share as part of your participation in the Program, whether in the Community Forum or in any coaching calls, or any other method of communications related to the Program and Program Content, is done at your own risk. Autoimmune Solutions cannot guarantee your privacy for what you voluntarily share, and Autoimmune Solutions is not responsible for any unauthorized use by others of such information that you voluntarily share.
When you apply for, enroll in, purchase or the Program, Autoimmune Solutions may seek and collect personal data and information including but not limited to your name, e- mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally identifying information (“Confidential Information”). By providing such Confidential Information to Autoimmune Solutions, you grant Autoimmune Solutions permission to use and store such information. In turn, Autoimmune Solutions will use best efforts to keep your Confidential Information safe, secure and confidential in accordance with these Terms of Use and the Privacy Policy.
However, due to the nature of the Internet, no data transmission over the Internet can be guaranteed to be completely secure. As a result, Autoimmune Solutions cannot ensure or warrant the security of your Confidential Information or of any other data or information you transmit via the Internet. By transmitting any Confidential Information, data or other information to Autoimmune Solutions, you accept that and acknowledge that you do so at your own risk. Autoimmune Solutions has security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but Autoimmune Solutions makes no assurances about the ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that Autoimmune Solutions may disclose Confidential Information and personally identifiable information: (1) pursuant to these Terms of Use and the Privacy Policy, (2) if required to do so by law, (3) in the good-faith belief that such action is necessary to conform to the law, (4) to comply with any legal process served on either Autoimmune Solutions or its partners, sponsors, investors, or affiliates, (5) to protect and defend its rights or property or those of other users or purchasers of the Program, (6) to enforce these Terms of Use, and/or (7) to act as immediately necessary in order to protect the personal safety of other users, purchasers, or the public.
9. Accessing the Program; Username and Password
During the registration process for the Program, you agree to provide true, accurate, current and complete information about yourself. To access the Program and/or certain features of the Program, including any private membership areas, you will need a username and password. You agree to keep your username and password to 11 access the Program confidential. You are responsible for maintaining the confidentiality of your username, password and Program account and are responsible for all activities (whether by you or by others) that occur under your username, password or Program account. You are not permitted to share your username and/or password or access to your Program account with anyone at any time.
If Autoimmune Solutions has reasonable grounds to suspect that you have provided false information including a false e-mail address, shared your username and/or password with anyone else, provided anyone else access to your account or forwarded any non-public material from the Program to any other person, Autoimmune Solutions reserves the right to immediately suspend or terminate your account and your access to the Program including without limitation, any Communication Services such as for example, Community Forum, or any other related communications, and to refuse any and all current or future use of the Program or any Program Content, in whole or in part, without refund.
Autoimmune Solutions reserves the right to withdraw or amend the Program in its sole discretion without notice. Autoimmune Solutions will not be liable if for any reason all or any part of the Program or Program Content is unavailable at any time or for any period. From time to time, Autoimmune Solutions may restrict access to some or all of the Program to users, including registered users if deemed necessary to update the Program or Program Content.
10. Errors and Omissions Disclaimer
Autoimmune Solutions has done its best to ensure that the Program and Program Content are accurate and provide valuable information, but because the nature of health information is constantly evolving, Autoimmune Solutions cannot guarantee the accuracy of such information. You acknowledge that the Program and Program Content may contain inaccuracies or errors and neither Autoimmune Solutions nor any of its owners, officers, employees, contractors, agents, affiliates, successors-in-interest, transferees or assigns shall be held liable or responsible for any errors, omissions or inaccuracies on or in the Program or Program Content or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in the Program and Program Content for any person.
11. Personal Responsibility and Assumption of Risk
By accessing the Program or any Program Content in any way you accept and agree that you are solely responsible for your actions, decisions and results and take full responsibility for any harm or damage you suffer as a result of your use, misuse or non- use, of the information available on or in the Program and/or Program Content. Autoimmune Solutions is not responsible for any errors or omissions on or in the Program or for any damage you may suffer as a result of failing to seek medical advice from a professional who is familiar with your situation.
12. No Guarantees of Results
You agree that no results of use or participation in the Program are guaranteed, and that Autoimmune Solutions has not made any guarantees about the results of participating in or taking any action, whether recommended on or in the Program and Program Content or not. Your participation in the Program does not guarantee any success with health, remission of autoimmune conditions, or otherwise. The Program and Program Content are for educational and informational purposes and are intended to solely to provide users of Program with education and tools about their health. You recognize that any health or other outcome is the result of your own efforts, your particular situation and health history, and innumerable other circumstances beyond the control and/or knowledge of Autoimmune Solutions.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others, whether clients of Autoimmune Solutions, users or participants of the Program or otherwise, are no guarantee that you or any other person or entity will obtain similar results.
13. No Warranties
AUTOIMMUNE SOLUTIONS MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THE PROGRAM AND PROGRAM CONTENT. FURTHERMORE, AUTOIMMUNE SOLUTIONS MAKES NO WARRANTIES THAT THE PROGRAM, PROGRAM CONTENT, OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE PROGRAM, PROGRAM CONTENT, OR ANY OF THEIR FUNCTIONS, INCLUDING COMMUNITY FORUMS, MEMBERSHIP PAGES OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AUTOIMMUNE SOLUTIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY AND APPROPRIATENESS FOR ANY PURPOSE OF THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND PROGRAM CONTENT. ALL INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND PROGRAM CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AUTOIMMUNE SOLUTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO ALL INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND PROGRAM CONTENT. AUTOIMMUNE SOLUTIONS FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM AND PROGRAM CONTENT.
14. Technology Disclaimer
While the hope is that the availability and delivery of the Program, Program Content and Communication Services is uninterrupted, Autoimmune Solutions cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance, or updates. To the fullest extent permitted by law, Autoimmune Solutions is not liable to you for damages or refunds, or any other recourse, should any of the Program, Program Content or Communication Services including private Community Forum become unavailable or access to them becomes slow or incomplete due to any reasons, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the Program, Program Content or Communication Services inaccessible to you.
15. Links and References to Third-Party Websites, Services and Products
The Program and Program Content may provide links and/or references to other websites, services and products maintained by third parties that may take you outside of the Program (collectively, “Third-Party Sites”). Autoimmune Solutions may receive a commission if you make a purchase from or through a link provided in the Program or Program Content to a Third-Party Site; however, the Third-Party Sites are not under the control of Autoimmune Solutions, and Autoimmune Solutions is not responsible or liable for any content on or actions of any Third-Party Sites. The inclusion of any links or references to Third-Party Sites in the Program Content are provided for your convenience only and does not imply Autoimmune Solutions’ endorsement, sponsorship, or approval of the actions, views, opinions, facts, advice or statements in such Third-Party Sites or of their owners or any association with their operators. Because Autoimmune Solutions has no control over the contents or functionality of Third-Party Sites, Autoimmune Solutions is not responsible for the actions, views, opinions, facts, advice, or statements of Third-Party Sites, their accuracy or reliability, or for errors or omissions caused by Third-Party Sites or for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to perform your own due diligence before buying goods or services from any Third-Party Sites and to review the terms and conditions and privacy policies of Third-Party Sites to confirm that you understand and agree with those policies.
16. Limitation of Liability and Release of Claims
YOU AGREE TO ABSOLVE AUTOIMMUNE SOLUTIONS AND ITS OWNERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUCCESSORS-IN-INTEREST, TRANSFEREES AND ASSIGNEES (COLLECTIVELY THE “RELEASEES”) 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 THE PROGRAM AND PROGRAM CONTENT. YOU AGREE THAT THE RELEASEES 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 THE PROGRAM AND PROGRAM CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE 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 OF, OR THE DELAY OR INABILITY TO USE, THE PROGRAM AND PROGRAM CONTENT, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE PROGRAM AND PROGRAM CONTENT IN ANY WAY, OR WITH THE PERFORMANCE OF THE PROGRAM AND PROGRAM CONTENT, OR WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE PROGRAM AND PROGRAM CONTENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AUTOIMMUNE SOLUTIONS OR ANY RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH 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. IN SUCH STATES, THE LIABILITY OF AUTOIMMUNE SOLUTIONS AND THE RELEASEES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE RELEASEES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR PARTICIPANT OF THE PROGRAM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PROGRAM AND PROGRAM CONTENT, OR WITH ANY OF THE TERMS OF USE, OR THE PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM AND PROGRAM CONTENT.
BY PURCHASING OR USING OR THE PROGRAM AND PROGRAM CONTENT, YOU AGREE TO THIS LIMITATION OF LIABILITY AND RELEASE THE RELEASEES FROM ANY AND ALL CLAIMS.
17. Termination
Autoimmune Solutions reserves the right in our sole discretion to refuse or terminate your access to the Program and Program Content, in full or in part, at any time without notice, including but not limited to, any Communications Services, any private forum, e- mail communications, the Community Forum, group calls, or any other method of communications related to the Program and Program Content. In such case, you will be sent an e-mail to the e-mail address you provided upon purchase of the Program alerting you of this. In the event of cancellation or termination, you are no longer authorized to access the part of the Program or Program Content affected by such cancellation or termination. All of the terms of these Terms of Use, including but not limited to, all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and the Refund Policy will still apply now and in the future, even after termination by you or Autoimmune Solutions.
18. Governing Law and Dispute Resolution
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California where the Autoimmune Solutions is registered, regardless of the conflict of laws principles.
It is hoped that you will have no dispute with the Autoimmune Solutions. However, should a dispute arise between you and the Autoimmune Solutions, we would like to be able to work it out amicably through e-mail correspondence. Therefore, it is requested that you contact Autoimmune Solutions via e-mail in attempt to resolve any dispute prior to seeking legal action and include your reasons for dissatisfaction.
However, should we be unable to resolve any potential dispute within a reasonable time, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your payment made to purchase the Program as of the date of such dispute. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.
You also agree that should arbitration take place, it will be held in Los Angeles County in the State of California, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
By purchasing the Program, you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of your e-mail to the Autoimmune Solutions referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action related to the Program or these Terms of Use.
19. Users Outside United States
Autoimmune Solutions controls and operates the Program from offices in the United States. Autoimmune Solutions does not represent that the materials in the Program are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
20. Severability
You expressly agree that these Terms of Use are intended to be as broad and inclusive as permitted by the law of the State of California, and that if any portion of these Terms of Use is held invalid, void or unenforceable for any reason, then that portion shall be deemed severed from these Terms of Use and it shall not affect the validity or enforceability of the remainder of the Terms of Use which shall be given full legal force and effect.
21. Waiver
Any waiver or forbearance by Autoimmune Solutions of any breach by you of any provision of these Terms of Use shall not be construed as a waiver of any subsequent breach by you.
22. Changes to Terms of Use
Autoimmune Solutions may change, modify, or update these Terms of Use at any time. Any access or use of the Program or Program Content by you after Autoimmune Solutions publicly posts or distributes such changes shall constitute consent of such modifications.
Contact and Questions:
If you have any questions about any term of these Terms of Use, please contact Autoimmune Solutions at info@drfujiyamand.com.
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