Terms and Conditions 

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Terms of Service

 

Date Effective: 1/1/2023

 

General

This website (the "Site") is owned and operated by Restore to Thrive PLLC (“COMPANY” "we" or "us") and DBA Danelle Kessler. 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 Shipping Policy, our Return 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 COMPANY. 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 property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

 

Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a 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 such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.


 

You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to COMPANY from their creation. Thus, COMPANY shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as COMPANY determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to COMPANY all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.  

 

You acknowledge that COMPANY has the right but not the obligation to use and display any postings or contributions of any kind and that COMPANY may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

 

Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

 

Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

 

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized COMPANY representative while acting in his/her official capacity.

 

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

 

You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein. 

 

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 COMPANY 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 legitimate, non-commercial purposes only. 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. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. 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.

 

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. 

 

COMPANY may host message boards, chats and other private/public forums on its Sites and on other platforms. 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, groups, chats or other such forums in the future. COMPANY 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 COMPANY staff, COMPANY's outside contributors, or by users not connected with COMPANY, some of whom may employ anonymous user names. COMPANY 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 COMPANY or any of its subsidiaries or affiliates. 

 

COMPANY 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.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY 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. 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. 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.

 

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. 

 

Digital Millennium Copyright Act

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 COMPANY infringe your copyright, you, or your agent may send to COMPANY 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 COMPANY 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 COMPANY 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. COMPANY's Copyright Agent for notice shall be ________________________[1] . 

 

Assignment

This Agreement shall be binding upon and inure to the benefit of COMPANY 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 COMPANY Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY 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 Nevada and any dispute shall be subject to binding arbitration in Nevada. 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 these Terms of Service (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from these Terms of Service, and the remainder of these Terms of Service 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.

CLIENT ACCEPTANCE POLICY

In order to best serve you, the Client Acceptance Policy should be carefully reviewed. It is our opinion that you should be well informed on our expectations and recommendations. To prevent any misunderstandings or confusion on what to expect, we would appreciate that you read the below steps and provide your signature. This will attest to the fact that you have read the Client Acceptance Policy and understand what is expected of you, as well as what to expect from working with us.

It is very important for you to carefully and thoroughly complete all of the new patient forms and questionnaires prior to your first consultations

The questionnaires supplied to you to complete were developed to gather important information about your previous medical care, current health complaints, lifestyle, eating habits and mindset. It will help us in helping you. These questionnaires will allow your consultant to correctly pinpoint the most probable explanations of your health symptoms. However, your health consultants and coaches are in no way diagnosing, treating, or acting as a medical professional, even if he/she may contain an active medical licensure. You will be given recommendations only, and no medical treatment will take place.

Please review the below:

  1. We will not be ordering any insurance covered services, or filing for your insurance. No ICD-10 codes will be supplied, as she is in no way diagnosing or treating.
  2. If you have not had a physical examination within the last year or since the start of your most recent health problem, it is highly recommended to schedule an appointment with your primary physician within a reasonable time after starting with the consultation process. Other things such as ultrasounds, scans, or traditional laboratory testing would also be completed outside of this contract with you, we will not order or prescribe any such testing.
  3. The results of your lab tests may take up to approximately 4 weeks. You will have access to these results.
  4. Correspondence by e-mail or other means is acceptable and encouraged for any questions. Note that any correspondence via text, email, phone, video, Facebook, Instagram, or any other means during and after your entire relationship with us is not HIPPA or medically secure, and you share information on these platforms willingly.
  5. We will do the best to accommodate all scheduling needs. It is your responsibility to reach out and inquire about setting up a time for your appointment, or scheduling if nothing is available on the online calendar provided.
  6. Payment for this package must be paid in full, or in the agreed upon means. No services will be provided prior to payment.
  7. There will be no refunds of payment, for any reason, despite if the client completes his/her time with us.
  8. Once laboratory work is sent out to the client, you are responsible for completing it in a timely manner. Please let your clinician know right away if you will not be able to complete laboratory testing for an extended period of time for any reason.

FINANCIAL INSURANCE RESPONSIBILITY FOR ALL SERVICES

I understand my responsibility to pay includes fees for laboratory and/or other clinical diagnostic testing and/or services requested by Restore To Thrive PLLC. I also agree to be responsible for costs and expenses, including court costs, attorney fees and interest, should it be necessary for Restore To Thrive PLLC to take action to secure payment of an outstanding balance owed.

Any and all past due patient balances, if applicable, will be collected before my appointment. In addition to the fee for consultations, the cost for lab work or other specialized testing deemed appropriate to my case will be applied to my balance if necessary.

We are committed to providing the best consultations for clients. All appointments are considered confirmed at the time they are made. I understand all payments must be made prior to appointment time. Because a substantial amount of time has been set- aside for me, I will forfeit any charges for a missed appointment. If an appointment is missed, I am not guaranteed a make-up appointment for that week, it is my responsibility to re-schedule, and my allotted time with Restore To Thrive PLLC will not be extended, under any circumstances. If I need to miss appointments due to illness, vacation, travel, or family emergencies, I am not guaranteed additional appointments to make up for that time, and will still be responsible for the cost of that appointment. I understand that I need to make my best attempt to contact my consultant 48 hours in advance if I cannot keep the appointment.

It is clear that there will be no refunds for any services agreed upon by myself and Restore To Thrive PLLC. If I pay in full and am unable or unwilling to complete my time with this company, regardless of how much time, if any, we have spent together, I do not receive a refund for my payment. If I am on payment plans, I fully agree and understand that I am responsible to fulfill all monthly payments on the first of each month, and I will not be given any consultations or email access until that payment is complete. If I am on payment plans, I certify that I will complete all months of payment regardless of if I complete my work with my consultants, or discontinue services, and regardless if I miss an appointment, or even entire months with my clinicians regardless of what the reasoning may be. In addition, if I miss an appointment, or multiple appointments due to any reason, I will not be granted additional time onto your package. I am fully aware there are no “pauses” in my when I sign on as a client, my time with Restore To Thrive PLLC is for consecutive months, with no exceptions. If I must miss a month or multiple months, I do not get reimbursed for that payment or time. There are no partial refunds. If a payment plan is chosen, I understand I am fully responsible for payment the first and last month in full up front, prior to my first appointment.

NOTICE AS TO NATURE OF SERVICES

I seek the health consultation services of the Company, employees, and staff. I understand that this team uses some recommendations that some may be considered holistic, complementary, or alternative. Some of these methods have not been accepted by mainstream medicine. I understand that the principles of this practice are based on Functional Medicine, a health system, in which we believe that the body has an inherent ability to heal itself given the right tools. Not all treatment modalities provided by team members are based on science-based evidence. In no way is this team asserting or implying to holding themselves out to be a Medical Doctor (MD), or any other medical professional in this consulting relationship. Furthermore, the term “patient” may be utilized, and is understood as a customary term and does not imply or expressly constitute a conventional doctor/patient relationship has been established. The term “client” will be most solely used. I fully understand that the advice and recommendations that are provided by Restore To Thrive PLLC are not to be considered medical advice and are for informational and educational purposes only.

Some of the recommendations and thoughts that are used by Restore to Thrive PLLC include the following:

  1. A person’s lifestyle including his or her diet, exercise patterns, sleep habits and stresses are believed to be related to the development and maintenance of illness. Your team will evaluate these factors and seek to help the client give up negative lifestyle patterns and establish more positive ones regardless of age or type of medical problem.
  2. Although prescription and over-the-counter medications are used when a physician believes it is necessary, an attempt will be made to use products that are naturally familiar to the body. These include but are not limited to, nutritional supplements such as vitamins, minerals, enzymes, amino acids, essential fatty acids and foods.
  3. Because your team will look for imbalances in the body and for trends that may result in illness if not addressed, tests are sometimes ordered that may be considered by consensus mainstream medicine to be either unnecessary or of no value. These may include tests for nutritional status, such as blood levels of vitamins and minerals, hormone levels, tests for heavy metals or tests for allergies or food sensitivities.
  4. Our team feels that environmental factors may play a major role in health and disease. Some of the diseases of unknown cause may be triggered or perpetuated by common environmental substances, many of which are man- made. Individuals may vary greatly in their susceptibility to various substances, so that one individual may be made deathly ill by an exposure to a substance while another is not at all affected. Your clinicians will attempt to identify offending substances and help patients to detoxify from past exposures that are affecting them.
  5. Your team very much believes in a person being involved in their own health care and encourages questions, exploration and participation in decisions.
  6. Exercise is important in maintaining health and promoting wellness as well as helping one to recover from an illness. Graded exercise, both aerobic and stretching, is encouraged for most patients. We advise that you consult your primary care physician and complete a comprehensive physical exam before engaging in any such activities.
  7. Sometimes medications are recommended that are approved by the FDA to treat one condition; however, that same medication may be used for treatment that has not been FDA approved. We will not and cannot prescribe any medications due to the nature of this relationship being that of consultation only.

NOTICE THAT SERVICES ARE NOT PRIMARY CARE

I understand that no physician or any other practitioner that I see through the Company is acting as my primary care physician. As such, emergency services are not offered. I understand that even though my consultants may address issues affecting my general health, the practice is focused on a complementary, functional, holistic approach to health care and it is required to have a primary care physician to ensure that I am fully appraised of all available conventional means to address any medical conditions that I may have. This is also important because these practices are exclusively virtual-based and are not affiliated with a hospital. If I become so ill that I require hospitalization, it is vital that I have a primary care physician with hospital admitting privileges familiar with my health problems and history. I understand that in addition to a primary care physician, it may be in my best interest to have appropriate specialists, such as a cardiologist if I have cardiac problems or a pediatrician if I am seeking treatment for my children.

NO GUARANTEES

I understand that the Company does not make any representations, claims or guarantees that I will be helped with my medical problems or conditions by undergoing consultations with them. However, they will do the best to help me accomplish my health and wellness goals.

REVOCATION OF AUTHORIZATIONS

These authorizations will remain active unless revoked by me in writing at any time. I understand such revocation will not affect my financial responsibility to pay for services rendered.

NUTRITIONAL SUPPLEMENTS

I understand that the Restore To Thrive PLLC and team members will make nutritional supplements and other recommended products available. Many of these products are not available through retail outlets. These are provided for the convenience of clients. I am in no way obligated to purchase these products from my consultant. I am free to purchase any recommended supplements or other products from any source that I choose. I further understand that my consultants make no statement expressed or implied about any product recommended that it is intended to diagnose to treat any disease. No statements made by the Company are evaluated by the FDA.

INSURANCE CLAIM MANAGEMENT

We do not participate nor are contracted with any insurance company. We will not provide a receipt and an encounter form to submit to insurance, and do not prepare or submit insurance claim forms. We are not obligated to respond to insurance carrier requests for information, and are not obligated to take action on my behalf against an insurance carrier for collecting or negotiating my any claim.

I am responsible for the payment of services provided by Restore To Thrive PLLC at the time of service without regard to insurance coverage. I am entitled to know the cost of all services and procedures in advance and it is my responsibility to ask if they are not told to me.

CLIENT ACKNOWLEDGEMENT

I certify that I am here to receive consultation services only and/or they are not substitutes for medical care. I understand my responsibility to pay includes fees for laboratory and/or otherclinical diagnostic testing and/or services requested by Restore To Thrive PLLC. I also agree to be responsible for costs and expenses, including court costs, attorney fees and interest, should it be necessary for Restore To Thrive PLLC to take action to secure payment of an outstanding balance owed.

Any and all past due patient balances, if applicable, will be collected before my appointment. In addition to the fee for consultations, the cost for lab work or other specialized testing deemed appropriate to my case will be applied to my balance if necessary.

We are committed to providing the best consultations for clients. All appointments are considered confirmed at the time they are made. I understand all payments must be made prior to appointment time. Because a substantial amount of time has been set- aside for me, I will forfeit any charges for a missed appointment. If an appointment is missed, I am not guaranteed a make-up appointment for that week, it is my responsibility to re-schedule, and my allotted time with Restore To Thrive PLLC will not be extended, under any circumstances. If I need to miss appointments due to illness, vacation, travel, or family emergencies, I am not guaranteed additional appointments to make up for that time, and will still be responsible for the cost of that appointment. I understand that I need to make my best attempt to contact my consultant 48 hours in advance if I cannot keep the appointment.

It is clear that there will be no refunds for any services agreed upon by myself and Restore To Thrive PLLC. If I pay in full and am unable or unwilling to complete my time with this company, regardless of how much time, if any, we have spent together, I do not receive a refund for my payment. If I am on payment plans, I fully agree and understand that I am responsible to fulfill all monthly payments on the first of each month, and I will not be given any consultations or email access until that payment is complete. If I am on payment plans, I certify that I will complete all months of payment regardless of if I complete my work with my consultants, or discontinue services, and regardless if I miss an appointment, or even entire months with my clinicians regardless of what the reasoning may be. In addition, if I miss an appointment, or multiple appointments due to any reason, I will not be granted additional time onto your package. I am fully aware there are no “pauses” in my when I sign on as a client, my time with Restore To Thrive PLLC is for consecutive months, with no exceptions. If I must miss a month or multiple months, I do not get reimbursed for that payment or time. There are no partial refunds. If a payment plan is chosen, I understand I am fully responsible for payment the first and last month in full up front, prior to my first appointment. I do not represent any third party. I have read, understood

TERMS AND SERVICES

Client agrees to pay Restore To Thrive PLLC the agreed upon amount based on the services selected, which shall be paid by the agreed upon method of payment. understand that I have the right to review this consent with an attorney if I choose before accepting any consultation or services. I have executed this consent freely and willingly understand its provisions. I recognize that Restore To Thrive PLLC will rely upon my signing of this document in accepting me as a client and establishing me under legal contract. I acknowledge receipt of a copy of this consent if I have requested it. I do hereby acknowledge that by signing this statement of understanding that I understand that some, and perhaps all, of the consulting, medical, preventative, nutritional, and diagnostic consultation provided may be innovative, non-traditional or unconventional and is consulting only and not to be construed to qualify as medical or nutritional advice and it is for informational and educational purposes only. I also understand that these unconventional services may be viewed by 3rd party insurance purveyors as non-covered services, in that they might be considered unreasonable or unnecessary under any medical insurance program. I also realize that my insurance coverage does not pay for such services and that I will be personally responsible for payment. I understand that I will pay all costs including reasonable attorney fees, should that become necessary. I understand that all outstanding balances bear interest at the maximum rate allowed by law.

Course Content Usage Disclaimer

All materials provided in the  courses on this website, including but not limited to videos, handouts, and any other resources, are the intellectual property of Restore to Thrive PLLC and Danelle Kessler. All materials are solely intended for the personal use and educational purposes of the enrolled individual.

By participating in any course provided by Restore to Thrive PLLC or Danelle Kessler, you agree to the following terms:

  • Restrictions on Usage: You are prohibited from copying, rebranding, distributing, or selling any part of the course materials, whether in part or in whole, without explicit written consent from Restore to Thrive PLLC and Danelle Kessler. This includes, but is not limited to, videos, written content, graphics, and any other resources provided within the course.
  • Non-Transferability: The access granted to all courses is personal to you and cannot be shared, transferred, or sold to others.
  • Intellectual Property Rights: All intellectual property rights associated with the course content remain the sole property of Restore to Thrive PLLC and Danelle Kessler. Unauthorized use, reproduction, or distribution of these materials is strictly prohibited and may result in legal action.
  • Compliance: By accessing and using this course, you agree to comply with these terms and conditions. Any violation of these terms may result in immediate termination of course access without refund and potential legal action.

Please be advised that any infringement of these terms will be taken seriously and appropriate action will be pursued to protect our intellectual property rights.