Terms & Conditions
Last updated: August 9 2023
Overview and General Commercial Conditions
This website is owned and operated by The Holistic Initiative LLC. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors information and products on holistic modalities like Ayurveda, Yoga and Aromatherapy. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
In order to use our website and/or receive our services, you must be at least 16 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
When buying a product, you agree that: (i) you are responsible for reading the full listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase a product when you commit to buy an product and you complete the check-out payment process.
The prices we charge for using our products are listed on the website and/ or provided upon request. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
The fee for the products and any other charges you may incur in connection with your use of the product, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.
Please note the following products are not eligible for return: Soul Work Program, Tender Loving Care Program, Thrive Program, Summer Program.
Retention of right to change offering
We may, without prior notice, change the products; stop providing the products or any features of the products we offer; or create limits for the products. We may permanently or temporarily terminate or suspend access to the products without notice and liability for any reason, or for no reason.
Ownership of intellectual property, copyrights and logos
The products and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of The Holistic Initiative LLC and Emilie Berger. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof. You may not download, save or share any of the paid content on this platform or allow anyone but yourself to access to paid content on this platform.
Right to suspend or cancel user account
We may permanently or temporarily terminate or suspend your access to the products without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any products at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid products, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment. If signed up for the following programs, Soul Work, Tender Loving Care, Thrive and/ or Summer Program, you agree to pay the full amount due regardless or whether or not you decide to complete the program.
Indemnification and Liability
You agree to indemnify and hold The Holistic Initiative LLC and Emilie Berger harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the products offered on the website.
To the maximum extent permitted by applicable law, in no event shall The Holistic Initiative LLC and Emilie Berger, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the product.
To the maximum extent permitted by applicable law, The Holistic Initiative LLC and Emilie Berger assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Right to change and modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically. When we change the Terms in a material manner, we will notify you on this page that material changes have been made to the Terms. Your continued use of the Website or our products after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the product.
Promotional emails and content
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
Preference of law and dispute resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of The United States/ Oregon, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Oregon. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.