Terms of Use
Last Updated [March 29, 2024]
TERMS AND CONDITIONS OF USE
Please take a moment to carefully read and familiarize yourself with our Terms and Conditions of Use (“Terms of Use” or “TOU”). By accessing or using any of our Services (defined below) you agree that you have reviewed and understood, and, as a condition of your access to or use of these Services, you agree to be bound by this TOU, which is a legal agreement between any person accessing or using our Website (“You,” or the “User”) and Rebecca Tolin, LLC (“Company”, “we”, “us”, or “our”).
Let's review some essential definitions to enhance your understanding of our TOU. We categorize any of our resources shared through various communication methods, such as email, face-to-face interactions, phone, text, social media platforms, video conferencing platforms, our Website, or third-party websites, as our "Services".
Within our Services, you'll discover an extensive range of valuable offerings that cater to your needs. This may include our digital or downloadable resources, live or self-paced courses, classes, programs, products, workshops, coaching, consultations, audio recordings, podcasts, blogs, articles, interviews, videos, subscriptions, online forums, webinars, presentations, e-books, e-learning modules, training materials, assessments, worksheets and exercises, group discussions, community events, member resources, mentoring sessions, case studies, guides and tutorials, infographics, social media content, surveys and feedback, and interactive tools and applications. Collectively, these offerings encompass a wealth of text, graphics, images, and videos, collectively referred to as "Content". We aim to provide a diverse and enriching experience through our Services, empowering you with valuable resources for your personal and professional growth. Where applicable, “Lifetime Access” shall mean for the indefinite lifetime of the referred to Service or Content (e.g., Be Your Own Medicine™ course) as long as Rebecca Tolin, LLC is hosting such Service or Content on the platform, Thinkific.
At various points in this TOU, reference is made to “Representatives” which refers to all individuals associated with Rebecca Tolin, LLC, including but not limited to Be Your Own Medicine™ (“BYOM”) Team Members, contractors, employees, and guest coaches. These Representatives contribute to, participate in, or act on behalf of Rebecca Tolin, LLC in the delivery of its services.
The TOU and Privacy Policy (collectively, the "Terms") govern your access to and utilization of our Website and Services, and any Content therein. We are deeply committed to providing you with a comprehensive and enriching experience through our Website and the diverse range of Services we offer. Our Terms are designed to be transparent and explicit, ensuring that you have a clear understanding of your rights and obligations when interacting with our Website and utilizing our Services.
Please note that we reserve the right to do any of the following to our Website and Services or Content therein, at any time, in our sole discretion, without notice: (1) to withdraw, modify, suspend or terminate operation of or access for any reason; (2) to modify or change any applicable policies or Terms; and (3) to interrupt the operation, as necessary for maintenance, error correction, or other changes. We will not be liable if, for any reason, all or any part of our Website is unavailable at any time or for any period.
If you have any questions or concerns about our Terms, please contact us. If you do not agree with our Terms, please reach out to us, and immediately discontinue the use of our Website and Services.
1. HEALTHCARE DISCLAIMER
Rebecca Tolin is not a doctor or psychologist, and coaching is not meant to be a substitute for psychological counseling, therapy, or medical advice.
Content, as defined by this TOU, is provided for informational and educational purposes only, and is not to be perceived or relied upon in any way as medical advice or mental health advice. PLEASE 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 OUR WEBSITE.
Content supplied by us and all other presenters, is not a substitute for professional psychological, psychiatric, or medical advice, diagnosis, or treatment. You should seek the advice of mental health professionals or other qualified health providers with questions regarding your conditions. You assume all risks when relying on information provided on our Website, Services, or by any Representatives or third parties featured on our Website or Services.
Any statements or claims about the possible health benefits conferred by any foods, herbs or supplements have not been evaluated by the Food & Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
2. OUR EXPECTATIONS & YOUR RESPONSIBILITIES
2.1. Eligibility. To use our Website, you must be of legal age (eighteen (18) years of age or older) and have all requisite legal capacity to enter into a binding and enforceable contract. By purchasing and accessing our services, you swear and affirm that you are over the age of 18 and have the requisite legal capacity.
2.2. Personal Use Only. Our Services are for your personal use only. Using the Content included in these Services for any other purpose other than your own personal use is considered a breach of our Terms, and may violate copyright, trademark, and other applicable laws.
2.3. Participation is voluntary. By purchasing our Services, you accept, agree, and understand that you are fully responsible for your results, and that your progress will depend on your own actions and your own personal factors. We do not guarantee any particular result, even if we offer an informed opinion about a potential result. You acknowledge that our Company has made no promises about the outcomes and that any opinion offered by us in the future does not constitute a guarantee.
3. ANTI-HARASSMENT
3.1. Our “No Harassment” Policy. When participating in live sessions, you agree to always be kind and to treat everyone in a professional manner. This policy extends to the treatment of others on our online course learning platform, and with those you connect with via the Mind-Body Buddy Sheet.
4. PROHIBITED CONDUCT
4.1. Prohibited Conduct. You agree that you will not use our Commercial Name or Likeness, Services, Website, or Content to take any of the following actions:
Defame, abuse, harass, stalk, threaten, or otherwise violate the Company’s legal rights;
Use in any commercial manner or for any commercial purpose, without our explicit written consent;
Reverse engineer, decompile, tamper with, or disassemble the technology used to provide the Services or Website;
Interfere with or damage the Services, Website, Content or any underlying technology;
Impersonate or misrepresent your identity or affiliation;
Attempt to obtain unauthorized access to the Services or Website;
Violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms;
Violate any law, rule, or regulation;
Transmit executable programming or corrupted files of any kind, including viruses, spyware, trojan horses, Easter eggs or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our Website, software or hardware, third party websites or telecommunications equipment;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software posted or contributed content or other material; or,
Engage in any illegal activities.
5. SUSPENSION & RIGHT OF TERMINATION
5.1. Suspension and Termination. We reserve the right, at all times, to suspend and/or terminate Services offered to you, if we feel unsafe or uncomfortable by your mannerisms or treatment of others while participating in our Services. (Refer to our “No Harassment” Policy above.) Our determination to suspend or terminate Services will remain completely at our reasonable discretion. We will notify you as soon as possible of such a determination. You will not be refunded under such circumstances.
5.2. Live Sessions. We reserve the right to remove you from our live sessions if you are being disruptive in any way.
5.3. Termination. We reserve the right to, at any time, terminate or withhold your Services or access to our Website or Content if you breach our Terms. We further reserve the right to immediately decline further Services or access to our Website or Content if, at any time, we reasonably believe and determine that our relationship in this professional capacity is not a good fit, or if your needs are beyond the scope of our expertise. If such a circumstance should arise, you will be issued a refund based on the number of weeks you have participated in the course. For example, if the course term is ten (10) weeks total, and you are permanently removed from the course in the fifth week, you will be refunded fifty percent (50%) of the total amount you paid for the course, minus a $75.00 (USD) processing fee.
6. PAYMENT & PRICING
6.1. Payment. You authorize us (and any payment processor) to charge your provided payment method for all purchases you make. Please email us if you have questions about acceptable forms of payment.
6.2. Availability and Pricing of Services. Our prices will be clearly listed on our Website or through other means of communication. All fees are due at the time of booking the Services unless otherwise indicated. We are under no obligation to provide Services until such fees are paid. We reserve the right to change the prices and availability of our Services at any time. We will not be held liable if a Service is no longer available or if the date of Services needs to be rescheduled.
7. RESCHEDULING
7.1. Rescheduling for Coaching Sessions. Kindly give as much notice as possible, preferably at least 72 hours. In an emergency we will work with you to reschedule. Cancellations with less than twenty four (24) hours’ notice will count as a session, barring an emergency. Emergency is understood to mean any urgent, sudden, serious event, or unforeseen change in circumstances that necessitates the immediate action to remedy harm or avert imminent danger to life, health, or property.
8. REFUND POLICies
8.1. Refund Policy for Coaching Sessions.
All sales are final for our coaching sessions. We do not offer refunds.
8.2. Refund Policy for Be Your Own Medicine™ Live Course.
To be eligible for a refund for the Be Your Own Medicine™ course, you must:
Send an email to course@rebeccatolin.com within six (6) days of the first live class, and before the second live class.
In the email, provide:
Your Course Start Date (first live class date), and
Your reason for requesting a refund*
Please note that if you enroll before registration closes, you’ll get access to both the Welcome Module and Module 1, which are included in our refund window. However, if you enroll after registration has closed, refunds won’t be available because the refund window will have passed. In select cases, we sometimes allow late joiners to enter the live cohort, even after the refund window has expired, especially if they’re keen to start and understand the refund policy.
Upon successful eligibility verification, you will receive the amount you paid for the course, minus a $75.00 (USD) processing fee. Once your refund request is approved, you will be notified that you have been removed from the course and will no longer have access to any course materials. We aim to process your refund within five (5) to seven (7) business days.
*You may be wondering why we ask for this information. Simply put, we value your feedback and would like to understand how we can improve our Services.
8.3. Refund Policy for Be Your Own Medicine™ Self-Paced Course.
We hope you find immense value in the Be Your Own Medicine™ Self-Paced Course. However, if after starting the initial modules you feel the course isn’t the right fit, you have the option to request a refund within seven (7) days from your purchase date. To proceed with a refund, simply send an email to course@rebeccatolin.com within this period, and we'll process your full refund, minus a $75 (USD) processing fee. In your email, please also let us know why you would like a refund. Your feedback is important to us; it helps us continuously improve the course.
8.4. Refund Policy for Other Services.
We are committed to continuously improving and expanding our range of services to support our growing community on their journey towards self-improvement. If you have purchased a service and are unable to locate a specific refund policy for that particular service, please contact us promptly for assistance.
8.5. Payment Plans.
You are entitled to a full refund within seven (7) calendar days of purchase, minus a $75 (USD) processing fee. When opting for a payment plan, remember that beyond this 7-day refund period, all remaining payments are due, no matter how much you choose to use the program. This approach ensures that our healing programs, which require ongoing practice, remain accessible. In other words, by choosing a payment plan, you commit to fulfilling the entire cost. Missed payments will trigger reminders and attempts for collection. Failure to complete payments may lead to loss of access to the course, with the balance due immediately to restore access.
9. PERSONAL INFORMATION
9.1. Your personal information. All information we collect on our Website is subject to our Privacy Policy. By using the Website and Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
10. MEDIA RELEASE
10.1. Contributions. Live Services, such as our Be Your Own Medicine™ course, may be recorded. By attending or participating in any of our live Services, including but not limited to courses, coaching sessions, classes, podcasts, Q&A sessions, or by posting to forums, you grant us permission to use such recorded contributions that may contain your image, voice, likeness, comments, testimony, through video, audio, writing, and photograph format (“Contributions”), in whole or in part, edited or unedited as set forth in this TOU, subject to our Privacy Policy.
10.2. Use of Contributions. With respect to use of such Contributions, you are granting us a perpetual, worldwide, irrevocable, royalty-free, nonexclusive, and sublicensable right and license to display, broadcast, create derivative works from, and publish such Contributions on our website, or affiliated platform, whether online, in print, or via other media or technologies, to store such Contributions and distribute such Contributions, in any lawful manner and for any lawful purpose, including informational, educational, promotional, commercial, and marketing purposes.
10.3. Disclaimer on Representatives. The views, opinions, advice, and statements made by Be Your Own Medicine™ team members, contractors, or guest coaches in any of our live Services, online forums, or any other platform associated with the company do not necessarily represent the views and beliefs of Rebecca Tolin, LLC. We are not responsible for and cannot always verify the accuracy of any statements or advice given by these individuals. You are advised to use your discretion and judgment when considering such advice or statements.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. Trademarks. Our Website and its entire contents, including but not limited to all Services and Content are owned by the Company, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
11.2. Limitations of Use. Subject to our TOU, we hereby grant you a limited, revocable, non-transferable, and non-exclusive license to use our Website and Services and any Content therein solely for your personal and non-commercial use. You must not distribute, modify, reproduce, create derivative works of, publicly display, publicly perform, or in any way exploit any of the materials or Content on our Website or in our Services in whole or in part. Any use of our Website or Services for any other purpose other than your own personal use is a breach of these Terms and may violate copyright, trademark, and other applicable laws.
11.3. Feedback & Testimony. We value and appreciate all feedback and testimony regarding our Website and Services. Whether it's ideas, suggestions, comments, input, feedback, or testimony, collectively referred to as "Feedback," we welcome your contributions. Please note that any Feedback you provide to us, whether verbal or written, directly to us, or posted on our Website or affiliated sites, hosted forum, or page, will be considered non-confidential. By submitting Feedback, you acknowledge and agree that we have the freedom to use, reproduce, publicly display, distribute, modify, implement, or publicly perform the Feedback, whether as provided by you or as modified by us, without obtaining permission or a license from you or any third party. It's important to note that when you provide Feedback, you do so without any expectation of compensation or credit. Your feedback is valuable to us, and we are thankful for your willingness to share it with us.
12. DMCA COPYRIGHT INFRINGEMENT AND TAKE-DOWN POLICY
In accordance with the Digital Millennium Copyright Act (“DMCA”), we will remove any Content if properly notified that such Content infringes on your intellectual property rights. We reserve the right, at our sole discretion, to remove any content without prior notice.
If we publish or are hosting content that you think infringes upon your copyright, please email us immediately so we may address your concerns.
Our Terms expressly prohibit users from infringing on the copyrights of others. We may remove, suspend, terminate access, or take other appropriate action against these users. We may also remove material that, in our sole discretion, appears to infringe upon the intellectual property rights of others.
To file a notice of infringement with us, you must provide a written communication by email, with an attached and signed PDF that sets forth the items specified below. If we do not respond in ten (10) business days, please contact us again.
To enable us to address your concerns quickly and efficiently, please provide the following information in your notice email:
For each alleged infringement that you wish to have removed, please provide the exact URL for the page containing the allegedly infringing material.
Provide information reasonably sufficient to permit us to contact you - an email address and/or telephone number is preferred.
For images, provide the following to substantiate your claim to ownership of the copyright in the allegedly infringing image:
(a) Proof of copyright in the image concerned, namely proof of copyright registration of the image, or, absent such registration, a detailed description of the image – where it was taken, by whom, who or what the subject of the image is, and evidence to support your claim that you own the copyright. We may not comply with requests to remove an image if you cannot prove that you own the copyright in the image in question.
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and true to the best of my knowledge, and that I am the true copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Sign the document, include your full name, and title, and email it to course@rebeccatolin.com.
You acknowledge that if you fail to comply with all the requirements of this section, your DMCA notice may not be valid, and we will have no obligation to respond to or acknowledge receipt of your notice. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our Website infringes upon your copyrights.
13. ADDITIONAL DISCLAIMERS
13.1. Mind-Body Buddy Sheet. You understand that Rebecca Tolin, the individual, and Rebecca Tolin LLC, the Company, and its agents, have no way of knowing of nor supervising any communications between you and other course participants via any forms of contact you add to the Mind-Body Buddy Sheet (e.g., personal email addresses, social media platforms, etc.). We realize that there is no way to guarantee that you uphold our No Harassment Policy, and our community guidelines and rules outside of our supervision with other course participants that add their contact information to this form. Accordingly, by adding your contact information to the Mind-Body Buddy Sheet, you hereby release, discharge, and agree to indemnify and hold harmless Rebecca Tolin, the individual, and Rebecca Tolin LLC, the Company, and its agents from all claims, demands, causes of actions, and other forms of liability that may arise by reason of sharing your contact information in this form. Further, you represent that you are at least eighteen (18) years of age and are fully competent to acknowledge and consent to this release.
13.2. Links to Other Websites. Our Website and Services may contain links to third-party websites or services that are not owned or controlled by Rebecca Tolin, LLC. These links are provided solely for your convenience. We do not endorse the content, products, or services available from such third-party websites. It is important for users to take necessary precautions, especially to ensure appropriate safety from viruses, worms, Trojan horses, and other potentially destructive items. By using our Website and Services, you acknowledge and agree that Rebecca Tolin, LLC is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
13.3. Third-Party Offerings. Occasionally, Rebecca Tolin, LLC may offer its users bonuses or promotions in the form of access to third-party services, such as mindful movement, yoga and breathwork classes through platforms like Zoom. While these offerings are intended to enhance the user experience, they come with their own terms and conditions, separate from those of Rebecca Tolin, LLC. We encourage all users to review the terms and privacy policies of these third-party offerings before participating. Rebecca Tolin, LLC assumes no liability for any issues that may arise from interactions or engagements with these third-party services.
13.4. Cooperation with Law Enforcement. We have the right to fully cooperate with any law enforcement authorities, regulatory agencies, or court order requesting or directing us to disclose the identity or other information of anyone sharing information with us through the Website. You waive and hold the company harmless from any claims resulting from any action taken by the company because of, or consequence of, the investigations.
13.5. Notice to Potential Users Outside of the United States of America. You consent to the processing in the United States of America of information you provide to us. Our Website is controlled in the United States of America. We make no representations that our Website is appropriate for use in other locations. Those who access or use our Website from other locations do so at their own risk and are responsible for compliance with local law.
13.6. Description of Services. We strive to ensure our Website is thorough, accurate, and helpful to you. Nonetheless, there may be times when certain information contained on our Website may be incorrect, incomplete, or inaccurate. We apologize for any such errors, especially those that might affect pricing, descriptions, or availability. We reserve the right to correct errors.
14. LIMITATION OF LIABILITY
14.1. Assumption of the risk. As stated above, we do not make any warranties or guarantees verbally or in writing regarding any desired or intended outcomes. YOU VOLUNTARILY AND FREELY ASSUME THE RISK AND RESPONSIBILITY FOR ANY DANGERS THAT MAY OCCUR PURSUANT TO YOUR USE OF OUR WEBSITE AND SERVICES AND PARTICIPATION IN ANY ACTIVITIES INCLUDED IN THE SERVICES, INCLUDING THE RISK OF PHYSICAL INJURY, EMOTIONAL DISTRESS, OR DEATH.
14.2. Release from liability. YOU HEREBY ACKNOWLEDGE AND AGREE ON BEHALF OF YOURSELF, HEIRS, AND ASSIGNS, TO FULLY AND FOREVER DISCHARGE AND RELEASE COMPANY FROM ANY AND ALL CLAIMS YOU MAY HAVE FOR ANY INJURY, TEMPORARY OR PERMANENT DISABILITY, DEATH, DAMAGES, LIABILITIES, EXPENSES AND/OR CAUSES OF ACTION, NOW KNOWN OR HEREINAFTER KNOWN IN ANY JURISDICTION IN THE WORLD, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE AND SERVICES, EXCEPT THOSE CAUSED BY COMPANY’S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
15. INDEMNIFICATION
15.1. Indemnity. You agree to defend, indemnify, and hold our Company, its administrators, and Representatives, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms.
15.2. Limitation of claims. Neither party will be liable to the other party for any special, indirect, consequential, or incidental damages of any kind, including, but without limitation, any loss of profit, damage to reputation, or breach of fiduciary duty based on any claim under these Terms, even if such party has been advised of the possibility of such damages.
15.3. Limitation of damages. To the extent permitted by applicable law, in no event shall the liability for damages under this Agreement exceed the amount you actually paid our Company.
15.4. Statutory limitations. Regardless of the limitations mentioned above, and in accordance with Cal. Civ. Code § 1668, this limitation of liability shall not limit, directly or indirectly, either parties’ responsibility for their own fraud, willful injury to the person or property of another, or the violation of a law, whether willful or negligent.
16. GENERAL CONTRACT TERMS
16.1. Waiver. No waiver by the Company of any term or condition set forth in our TOU shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under our TOU shall not constitute a waiver of such right or provision.
16.2. Governing Law. The validity of these Terms, as well as the rights and duties of the parties under these Terms, will be construed pursuant to the common law of California. Any legal suit, action or proceeding arising out of, or related to, these TOU or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Diego, and County of San Diego, although we retain the right to bring any suit, action or proceeding against you for breach of the TOU in your country or county of residence, or any other relevant country or county. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
16.3. Severability. If any provision within our TOU is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the TOU will continue in full force and effect.
16.4. Entire Agreement. Our Terms, including the Terms of Use and Privacy Policy, represent the complete agreement between you and us regarding the Website, our Services, and Content therein. It also covers any valid contracts you may hold with the Company for sessions with Rebecca Tolin. This agreement supersedes and replaces all prior or simultaneous understandings, agreements, representations, and warranties, whether documented or verbal, relating to its subject matter.
16.5. Dispute Resolution. If you have any issue or dispute with the Company, you agree to first contact us and attempt to resolve the dispute with us informally.
17. HOW TO CONTACT US
If you have any questions or comments regarding our Terms of Use, please feel free to contact us. You can reach us via email at course@rebeccatolin.com or by sending regular mail to the following address:
Rebecca Tolin, LLC
8690 Aero Dr., Ste 115 #1008
San Diego, CA 92123