Wholesaler Terms & Conditions

Terms & Conditions


TERMS OF SERVICE

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE (“TERMS”) BEFORE USING THIS WEB SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

Effective Date: December 1, 2020

General

This website (the “Site”) is owned and operated by THE WHOLE JOURNEY, INC. d/b/a “thewholejourney.com”, “gutthrivein5.com”, “gutthrive.com”“TWJ,” “GT5” “we” or “us”). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, our Refund Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from THE WHOLE JOURNEY, INC.. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

Intellectual Property Rights

Our Limited License to You. This Site and all the materials available on the Site are the intellectual property of THE WHOLE JOURNEY, INC. and are protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms and Conditions will function to transfer any intellectual property rights to you. By your use, you acknowledge and agree that THE WHOLE JOURNEY, INC. shall retain all interest in and to the Site and all materials available on the Site, including but not limited to all documentation, modifications, improvements, upgrades, derivative works, and all other intellectual property rights in connection thereof. Your access to this Site is provided solely for your “practitioner use” in private practice only. By your use, you expressly agree that you shall not authorize or provide any third person, including but not limited to, your clients, patients, or colleagues access to this site. Absent express written consent, our limited license to you through the practitioner program authorizes you to share our assessment and program PDFs in private sessions with your clients or patients, consisting of no more than two (2) people per session or a single family living under the same household per session. Other than the foregoing, you are not authorized to work in groups, whether in-person, online, telephonically, video conferencing or other remote means.

You may not use the Site or the materials available on the Site in a manner that constitutes an unauthorized infringement of THE WHOLE JOURNEY, INC.’S rights. More specifically, unless explicitly authorized in these Terms of Service or by THE WHOLE JOURNEY, INC., you may not modify, copy, reproduce, republish, upload publicly, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (with the exception of giving to your private clients and patients in person or by email) any material from the Site. You may download and/or print copies of individual pages of the Site for your use in private practice, provided your understanding that all such materials are the exclusive intellectual property of THE WHOLE JOURNEY, INC.

Limitations on Linking and Framing. You may not establish a hypertext link or inline link to the Site, its materials, or other content of the Site, or incorporate into another website or other service the Site, its materials or other content of the Site, without the express permission of THE WHOLE JOURNEY, INC. 

Limitations on Marketing. THE WHOLE JOURNEY, INC. will provide an approved webinar template for you to record in your own voice to use on your website and marketing materials to give at presentations, conferences, or other events to market the work you are doing as part of the practitioner program. TWJ will also provide approved email and website copy to discuss your offering as a Gut Thrive Practitioner. However, without THE WHOLE JOURNEY, INC.’S prior written consent, you may not and hereby agree that you shall not market or otherwise advertise the Gut Thrive in 5 program in any other manner, including but not limited to search engine optimization (“SEO”), blog posts of our material or other online, written, or print means.

Insurance Requirements

You shall obtain and maintain at your own expense general liability insurance covering the entire period of your work in connection with this program in an amount not less than ONE MILLION DOLLARS ($1,000,000). 

You shall obtain and maintain at your own expense professional liability insurance covering the entire period of your work in connection with this program in an amount not less than ONE MILLION DOLLARS ($1,000,000).

To the extent that you intend to sell supplements in connection with this program, it is strongly recommended that you obtain and maintain at your own expense product liability insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000).

Upon the request of THE WHOLE JOURNEY, INC., you shall furnish any and all certificates of insurance evidencing the insurance coverages described above.

Indemnification

You agree that you shall indemnify and hold harmless, THE WHOLE JOURNEY, INC., its employees, executives and agents from and against any and all damages, liabilities, claims costs, expenses, attorney’s fees, etc. incurred by THE WHOLE JOURNEY, INC. from your clients, patients, or other third parties made in connection with your use of the practitioner program.

Online Commerce

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that THE WHOLE JOURNEY, INC. shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for purposes consistent with the practitioner program only and for no other non-commercial purposes. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Some services offered by Web Site are subscription-based services. When you open a subscription-based account, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for Services we provide, and to institute new fees, charges or terms effective upon notice to subscribers. We reserve the right to terminate any account at any time for any reason. We agree that we will notify you when, and if, we decide to terminate your account.

Your subscription will be automatically renewed and your credit card will be automatically charged on an annual basis, depending upon the billing terms for your account, for as long as you choose to remain a member. You agree that we will not be obligated to send you any renewal or advance billing notices or confirmations that your credit card has been charged. Our merchant account will attempt to charge your card a maximum of 3 times. After the 3rd attempt, we will email you for a new credit card number. If you do not provide a new number, we reserve the right to disable your access and account. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.

In the event you elect to terminate your subscription you can email [email protected]

Terminations are not retroactive. If you terminate your membership after your membership period has begun, you may be entitled to a refund for the unexpired portion of that membership period, less any applicable minimum charges. You may still be obligated to pay for other charges incurred. If you have an outstanding balance due on any subscription account, you hereby agree that we may charge these unpaid fees to your credit card.

Interactive Features

This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

  • Restrict or inhibit any other user from using and enjoying the Site.
  • Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
  • Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
  • Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
  • Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
  • Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
  • Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
  • Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
  • Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
  • Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

THE WHOLE JOURNEY, INC. may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to the message boards, chats or other public forums in the future. THE WHOLE JOURNEY, INC. or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by THE WHOLE JOURNEY, INC. staff, THE WHOLE JOURNEY, INC.’s outside contributors, or by users not connected with THE WHOLE JOURNEY, INC., some of whom may employ anonymous user names. THE WHOLE JOURNEY, INC. expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of THE WHOLE JOURNEY, INC. or any of its subsidiaries or affiliates.

THE WHOLE JOURNEY, INC. has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

Registration

To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our  Privacy Policy.

Passwords

To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

You acknowledge and agree that no representation has been made by THE WHOLE JOURNEY, INC. or its affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in this program.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND THE WHOLE JOURNEY, INC. MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:

THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE WHOLE JOURNEY, INC. ENCOURAGES YOU TO CONTINUE VISITING WITH AND BEING TREATED BY YOUR PRIMARY CARE PHYSICIAN OR HEALTH CARE PROVIDER. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. CONSULT WITH YOUR OWN MEDICAL PROFESSIONAL REGARDING ALL NUTRITIONAL SUPPLEMENTS TO EVALUATE IF THEY COULD ADVERSELY AFFECT OR REACT WITH ANY MEDICATIONS OR PRE-EXISTING CONDITIONS. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

BY ENTERING YOUR EMAIL ADDRESS YOU ARE ALSO REQUESTING AND AGREEING TO SUBSCRIBE TO THE WHOLE JOURNEY, INC.’S NEWSLETTER, TO WHICH THE ABOVE DISCLAIMER ALSO APPLIES.

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Refund Policy

Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy.

Other

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by THE WHOLE JOURNEY, INC. infringe your copyright, you, or your agent may send to THE WHOLE JOURNEY, INC. a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon THE WHOLE JOURNEY, INC. actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to THE WHOLE JOURNEY, INC. a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. THE WHOLE JOURNEY, INC.’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: [email protected]

This Agreement shall be binding upon and inure to the benefit of THE WHOLE JOURNEY, INC. and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of THE WHOLE JOURNEY, INC..  Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by THE WHOLE JOURNEY, INC. to any affiliated entity or any of its wholly owned subsidiaries

Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and any dispute shall be subject to binding arbitration in San Diego, California. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Class Action Waiver

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

These terms of service were last updated on January 15, 2021.