Terms and Conditions
Welcome to True Health FDN!
These terms and conditions outline the rules and regulations for the use of True Health FDN's Website, located at https://truehealthfdn.com.
By accessing this website, we assume you accept these terms and conditions. Do not continue to use True Health if you do not agree to take all of the terms and conditions stated on this page.
Last Updated: January 2024
Terms and Conditions
These Terms and Conditions apply to your use of the entire website, “ truehealthfdn.com” as well as any of its sub-domains and related domains such as biocanic.com (collectively the "Site"), as well as to products and services purchased or utilized from the Site. Unless stated otherwise, all references to the Site in these Terms and Conditions include this Site. These Terms and Conditions do not apply to your use of unaffiliated sites to which the Site only links.
By using this website, purchasing any products or services from True Health FDN, (THFDN) or utilizing any of the products or services from through this site, you are deemed to have agreed to these Terms and Conditions. We reserve the right to modify them at any time. You should check these Terms and Conditions periodically for changes. By using this site after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. With regard to products and services purchased or utilized from True Health FDN, the version of these Terms and Conditions that were posted at the time of purchase or utilization apply. If at any time you choose not to accept these Terms and Conditions of use, do not use this site.
Your Responsibility
You, the reader, take full responsibility for your actions in implementing any of the techniques or advice disseminated within this website. In no event shall True Health FDN be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. True Health FDN reserves the right to make additions, deletions, or modification to the contents on the Service at any time without prior notice.
We do not provide a second opinion or in any way attempt to alter the treatment plans or therapeutic goals/recommendations of your personal physician. It is our role to partner with you to provide ongoing support and accountability as you create an action plan to meet and maintain your health goals.
Parental Permission; Minimum Age Requirement
This Site is not directed to persons under the age of 18. The sale of any of the Site's products or services is not directed to persons under the age of 18. We will not knowingly collect personally identifiable information from persons under 18. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN'S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER'S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
We hereby require all users of the Site to be over 18 and all purchasers of THFDN's products and services to be over 18. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under 18, you agree to immediately stop accessing the Site. If you are accessing the Site, you represent that you are at least 18 years of age.
If you are purchasing any of the products or services of True Health FDN, you represent that you are at least 18 years of age.
Restrictions on Use
The contents of this Site and the materials downloaded therefrom are protected by copyright and trademark laws, and are the property of their owners. Unless we say otherwise, you may access the materials located within, or downloaded from, the Site only for your personal use. You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site. You must abide by all additional copyright notices or other restrictions contained in any of the Site.
You agree not to do any of the following while using the Site:
Harass, stalk or otherwise abuse others
Post or transmit any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Site), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
Transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriate any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
You will not copy, duplicate or steal our Website or Content. You understand that doing anything with our Website or its Content that is contrary to these T&C and the limited license we are providing to you herein is considered theft, and we reserve our right to prosecute theft to the full extent of the law.
You must receive our written permission before using any of our Website Content for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link or any other electronic means) any Website Content because that is considered stealing our work.
We are granting you a limited license to enjoy our Website and its Content for your own personal use, not for your own business/commercial use or in any that earns you money, unless we give you written permission that you may do so.
Upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party's uninterrupted use and enjoyment of the Site.
Impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
Transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes;
Violate any applicable local, state, federal or international law, rule or regulation.
Cookies:
The website uses cookies to help personalize your online experience. By accessing True Health FDN, you agreed to use the required cookies.
A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.
Links
These Terms and Conditions apply only to this Site, and not to the sites of any other companies or organizations, including those to which this Site may link. We are not responsible for the availability of any other site to which this Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. We do not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
Other sites may link to this Site only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Site that may be revoked at any time.
THE SERVICES, PRODUCTS AND MATERIALS ON OR FROM THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT OF THE LAW, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED, A LIMITED EXPLICIT WARRANTY IS GIVEN BY US TO THE EXCLUSION OF ANY OTHER REMEDY TO, IN OUR DISCRETION, REPLACE THE SERVICES, PRODUCTS, AND MATERIALS WITH SUCH SERVICES, PRODUCTS, AND MATERIALS THAT DO NOT BREACH A WARRANTY IF SUCH BREACH IS IDENTIFIED TO US WITHIN 30 DAYS OF PURCHASE.
BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
We do not endorse, warrant or guarantee any products or services offered on the any third party site. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE
Exclusion of Warranties
We will provide our services to you with reasonable care and skill. We make no other warranty, express or implied, with respect to those services. All other warranties are excluded to the maximum extent permitted by law.
We make no warranty as to the accuracy of the laboratory test results we receive.
We make no warranty, expressed or implied, about the quality or effectiveness of any interpretation, apparatus, advice, treatment, or product. In no event will we be liable for any physical or mental injury or any adverse side effects that may arise from the use of any such interpretation, apparatus, advice, treatment, or product.
True Health FDN is not responsible for any overdraft charges, over limit charges, or NSF fees by your bank or Credit Card Company. Fees for Services are pre-paid.
If after 30 days of a missed payment you have not made arrangements to make up the payment, your services with True Health FDN will be canceled and all fees will be nonrefundable.
True Health FDN does not guarantee any specific results from use of the Services and makes no representations or warranties as to specific outcomes or results. Unfortunately, True Health FDN cannot guarantee that you will become or remain happy, healthy, or successful.
We believe that the information we provide, including that on our websites, videos, postings, brochures, emails, flyers, and information packets, is accurate, but we cannot guarantee such accuracy. We, therefore, make no warranty as to the accuracy of that information, and it should not be relied upon as being correct, complete, or accurate. It is your responsibility to verify such matters independently from primary sources of information and by taking specific professional advice.
Exclusion of Liability
If you rely on, buy, or use a product or therapy or modality, you do so at your own risk. We do not guarantee any results as we have no control over those results. Each person is different, and the way someone reacts to a product or therapy may be significantly different from another. We cannot predict how you may respond to any particular product or therapy.
To the maximum extent permitted by law, we exclude
any and all liability in contract, tort (including negligence), breach of statutory duty or otherwise for any direct, indirect, special, incidental, or consequential costs, losses, claims, damages, expenses or proceedings (including but not limited to loss of profits and wasted management time) incurred or suffered by you arising directly or indirectly out of or in connection with our services, including but not limited to any loss, damage or expense arising from any defect, error, imperfection, fault, mistake or inaccuracy with the information, education or advice we provide.
Any and all liability for injury or loss arising out of the use of, or reliance on, the laboratory results and/or the dietary, supplement, and lifestyle suggestions we may provide. Any and all liability for injury or loss arising from any product or treatment you may choose to take.
Any and all liability for any failure to identify any medical condition or disease. You understand and agree that this is not the purpose of our services.
This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages or injury, loss of data, income or profit, loss of or damage to property, and claims of third parties.
No recommendation
All material and information we may provide about products and therapies are provided solely for educational purposes and for use when discussing your health with your doctor. By providing you with such material and information, we do not necessarily endorse, recommend or promote any such product or therapy.
Arbitration, Choice of Law, And Limited Remedies
In the event that there ever arises a dispute between THFDN and client with respect to the services provided pursuant to this agreement or otherwise pertaining to the relationship between the parties, the parties agree to submit to binding arbitration before the American Arbitration Association (Commercial Arbitration and Mediation Center for the Americas Mediation and Arbitration Rules). All arbitration proceedings, hearings and other meetings are to be held virtually using video conferencing software. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted by a single arbitrator. The sole remedy that can be awarded to the client in the event that an award is granted in arbitration is refund of the Program Fee. Without limiting the generality of the foregoing, no award of consequential or other damages, unless specifically set forth herein, may be granted to the client.
This agreement shall be construed according to the laws of the State of Arizona. In the event that any provision of this Agreement is deemed unenforceable, the remaining portions of the Agreement shall be severed and remain in full force.
Terms and Conditions
Last Updated: January 2024