TERMS OF PURCHASE THRIVE FUNCTIONAL HEALTH LLC

By clicking “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by KASEY GOINS (“Coach”), acting on behalf of THRIVE FUNCTIONAL HEALTH LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

1. TERMS. (a) Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with the Micro Mastery Project (“Program”). (b) The scope of services rendered by the Coach pursuant to this contract shall be solely limited to those contained therein and/or provided for on Coach’s website as part of the Program. (c) Coach reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances. (d) Client agrees to be open, present and prepared to complete the work as a team together. Client is responsible for his/her own success and implementation of objectives met.

2. METHODOLOGY. Client agrees to be open minded to Coach’s methods and partake in services as proposed. Client understands that Coach has made no guarantees as to the outcome of the coaching sessions or Program. Coach may revise methods or parts of the Program based on the needs of the Client.

3. DISCLAIMERS. By participating in the Program, Client acknowledges that the Coach is not a medical doctor, psychologist, therapist, attorney, or financial advisor, and their services do not replace the care of other professionals. Coaching and/or consulting is in no way to be construed or substituted as psychological counseling or any other type of therapy or advice. The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Coach is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or coaching provided, including financial gains or losses. The Coach may provide Client with third-party recommendations for such services as photography, business, health, or other related services. Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party. Any testimonials, earnings, or examples shown through Coach’s website, programs, and/or services are only examples of what may be possible for Client. There can be no assurance as to any particular financial outcome based on the use of Coach’s programs and/or services. Client acknowledges that Coach has not and does not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of use of Coach’s website, programs, products or services.

4. PAYMENT AND REFUND POLICY. (a) Upon execution of this Agreement, Client agrees to pay to the Company the full purchase amount as selected at the time of purchase. (b) The Company does not offer refunds to ensure that clients are fully committed to the Program. There are no exceptions to the refund policy. (c) If Client selects a payment plan option, Client agrees to pay fees to the Coach according to the payment schedule set forth on Coach's website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”). Client shall pay for the program in full. (d) The Client authorizes the Company to charge the credit card(s) at the time that charges are due and shall not require a separate authorization for each charge. (e) In the event Client fails to make any of the payments within a payment plan during the time prescribed, Coach has the right to immediately disallow participation by Client until payment is paid in full, including disallowing access to modules, materials, and coaching calls. (f) The Client shall not threaten or make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, Company reserves the right to report the incident to all three credit reporting agencies as a delinquent account. (g) In the event that both the Client and Coach cannot come to an agreement in a reasonable amount of time, any proceedings will be held in the County of Kalamazoo in the State of Michigan, for which Client is responsible for fees associated with any proceedings.

5. INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Client as part of this Program, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement.

6. RECORDING AND REDISTRIBUTION OF CALLS. Client acknowledges that group coaching sessions and/or group calls may be recorded. Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of a separate package sold by the Coach. If Client does not wish for his/her name, face, or any other identifying information to be included in the resale of product, Client is to notify Company in writing prior to the start date of this Program.

7. RELEASE. Company may take photographs, videos, audio recordings, or other recordings during Program that Company may use for future commercial or non-commercial purposes. Client agrees and understands that by participating in Program, Client is consenting to being recorded and photographed and to the use of Client’s likeness, writing, and voice in any media in perpetuity by Company for whatever purpose as Company sees fit.

8. NON-DISPARAGEMENT. Client agrees, during and after participation in Program, to refrain from making any statements, whether oral or in writing, that negatively impact Company’s program, business, services, products, or reputation.

9. GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

10. DISCLAIMER OF WARRANTIES. The information, education, and coaching provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.

11. LIMITATION OF LIABILITY. By using THRIVE FUNCTIONAL HEALTH LLC services and purchasing this Program, Client accepts any and all risks, foreseeable or unforeseeable, arising from such transaction. Client agrees that Coach will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Program. Client agrees that use of this Program is at user’s own risk.

12. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Kalamazoo, Michigan. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

13. ASSIGNMENT. This Agreement shall bind both Company and Client and their respective heirs, legal representatives, successors, and assigns. Client may not assign its rights under this Agreement as this program is non-transferable.

14. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, regardless of the conflict of laws principles thereof.

15. EARNINGS DISCLAIMER. THRIVE FUNCTIONAL HEALTH LLC may report earnings and income statements from time to time. These statements are an estimate of what you could possibly earn are should not be considered a guarantee that you will get the same results. There is no guarantee that past earnings can be duplicated in the future. KASEY GOINS of THRIVE FUNCTIONAL HEALTH LLC cannot guarantee your future results or success. The use of the information, products, and services of THRIVE FUNCTIONAL HEALTH LLC is based on your own actions and you agree that THRIVE FUNCTIONEAL HEALTH LLC, its advertisers, affiliates, or sponsors are not liable for the success or failure of your business.

16. TESTIMONIAL DISCLAIMER. The testimonials, statements, comments, and opinions presented on THRIVE FUNCTIONAL HEALTH LLC are applicable to the individuals who wrote it. Results vary and may not be representative of the experience of others. The testimonials are voluntarily provided and are not paid, nor were they provided with free services, or any benefits in exchange for their statements. The testimonials are representative of client’s experiences but the exact results will be unique and individual to each client.

17. Counterparts and Facsimile For the convenience of the Parties, this Agreement may be executed in any number of separate counterparts, each counterpart being deemed to be an original instrument, and all counterparts together will constitute the same agreement. Executed signature pages to this Agreement may be delivered by facsimile and such facsimiles will be deemed as sufficient as if actual signature pages had been delivered.

18. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. By checking this box that Client agrees to the Terms and Conditions set forth, Client understands that this Agreement is legally binding.