Website & Medical Disclaimers
Effective as of January 01, 2024
All content of this website is presented for educational and general information purposes only. Unless otherwise stated, the information is based on the research and experience of Cheryl Devine of Positively Devine and the individuals featured on this website and in its content.
I, Cheryl Devine of Positively Devine am a Certified Master Level Nutrition Consultant, Functional Bloodwork Specialist, Holistic Nutritionist, Sports Nutritionist, and Weight Management Specialist. I am not claiming to treat, diagnose, cure nor am I practicing medicine. I am not a doctor. I am not a Registered or Licensed Dietitian. I utilize evidence-based nutritional and holistic (whole body health) information to educate a person about how to improve their health naturally using natural means. Nothing will be ‘prescribed’ by me or anyone from my team, nor will I ever ‘diagnose,’ or claim to ‘treat’ or ‘cure’ any disease or condition.
These statements and the content of this website have not been evaluated by the Food and Drug Administration (FDA) and are not intended to treat, diagnose, cure or prevent any disease. This information is not intended as a substitute for the advice or medical care of a qualified health care professional, and you should seek the advice of your health care professional before undertaking any dietary or lifestyle changes. The material provided on this website is for educational purposes only.
The information provided on or made available through this website is not intended or implied to be professional medical advice. It is not intended to diagnose or prescribe for any medical or psychological condition, nor to prevent, treat, mitigate, or cure such conditions. The information provided is also not intended to replace the relationship between you and your physician or other qualified health-care professional, nor substitute for the role such professionals serve in helping you diagnose and treat any condition you may have. You are encouraged to make your own health care decisions based on, among other things, your own judgment, your own research in partnership with a qualified health-care professional, and your own unique circumstances. If you have any concerns or questions about your health, you should consult with a physician or other qualified health-care professional. Do not disregard, avoid, or postpone obtaining health related advice or medical treatment from your qualified health-care professional because of videos, products, materials, or any other content you may have seen on or obtained through this website.
The use of any information provided through this website is solely at your own risk. I do not endorse, recommend, or make any representation about – and I assume no responsibility for – the accuracy, appropriateness, efficacy, or suitability of any specific products, services, foods, practices, procedures, tests, opinions, health-care professionals or other information that may be contained on or available through this website. You are encouraged to confirm any information obtained from or through this web site with other sources and review all information regarding any medical condition or treatment with your physician or other qualified health-care professional.
The information shared on this website AND in this presentation is intended for inspirational, educational, and informational purposes only and is not a substitute for medical advice. Nothing on this website OR in this presentation is intended to diagnose, treat, prevent, or cure any disease. Consult with your healthcare provider before making any dietary, lifestyle, or supplement changes and do not forego or delay seeking medical attention based on the information shared on this website OR in this presentation.
TESTIMONIALS: You acknowledge and agree that the results of any of our services, offerings, or products as described in a testimonial are not typical, are for illustrative purposes only, and cannot be guaranteed or assumed to be achievable by you.
AFFILIATES: This website OR presentations may contain affiliate or sponsored links, codes, or information where I may be entitled to compensation for any purchase you make or for sharing information with you. Making a purchase through these links, will not add any extra cost to you. I will be sure to include an * next to any of these such products or services and I will clearly label them as such. You shall not rely on any recommendation, reference, or information provided on this website but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or service.
NO ENDORSEMENTS: From time to time, Positively Devine will refer to other products, services, coaches, consultants, or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. Positively Devine provides this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such product, service, coach, consultant, and/or expert.
California Code, Business and Professions Code – BPC § 2068:
State law allows any person to provide nutritional advice or give advice concerning proper nutrition--which is the giving of advice as to the role of food and food ingredients, including dietary supplements.
This state law does NOT confer authority to practice medicine or to undertake the diagnosis, prevention, treatment, or cure of any disease, pain, deformity, injury, or physical or mental condition and specifically does not authorize any person other than one who is a licensed health practitioner to state that any product might cure any disease, disorder, or condition.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Disclaimer:
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Disclaimer) refers to Positively Devine, 215 Lake Blvd. #631 Redding, CA 96003.
- Service refers to the Website.
- You means the individual accessing the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
- Website refers to Positively Devine, accessible from https://www.positivelydevine.com
Disclaimer
The information contained on the Service is for general information purposes only.
The Company assumes no responsibility for errors or omissions in the contents of the Service.
In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.
The Company does not warrant that the Service is free of viruses or other harmful components.
Fitness & Nutritional Information Disclaimer
The Service can offer health, fitness and nutritional information including, without limitation, advice and recommendation, that is provided solely as general education and informational purposes.
Use of the advice and information contained herein is at your sole choice and risk. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Always consult your physician or healthcare provider before beginning any nutrition or exercise program.
If You choose to use this information without prior consent of your physician, you are agreeing to accept full responsibility for your decisions and agreeing to hold harmless the Company.
External Links Disclaimer
The Service may contain links to external websites that are not provided or maintained by or in any way affiliated with the Company.
Please note that the Company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
Errors and Omissions Disclaimer
The information given by the Service is for general guidance on matters of interest only. Even if the Company takes every precaution to ensure that the content of the Service is both current and accurate, errors can occur. Plus, given the changing nature of laws, rules and regulations, there may be delays, omissions or inaccuracies in the information contained on the Service.
The Company is not responsible for any errors or omissions, or for the results obtained from the use of this information.
Fair Use Disclaimer
The Company may use copyrighted material which has not always been specifically authorized by the copyright owner. The Company is making such material available for criticism, comment, news reporting, teaching, scholarship, or research.
The Company believes this constitutes a "fair use" of any such copyrighted material as provided for in section 107 of the United States Copyright law.
If You wish to use copyrighted material from the Service for your own purposes that go beyond fair use, you must obtain permission from the copyright owner.
Views Expressed Disclaimer
The Service may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including the Company.
Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. The Company is not liable for any comment published by users and reserves the right to delete any comment for any reason whatsoever.
No Responsibility Disclaimer
The information on the Service is provided with the understanding that the Company is not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers.
In no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in connection with your access or use or inability to access or use the Service.
"Use at Your Own Risk" Disclaimer
All information in the Service is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.
The Company will not be liable to you or anyone else for any decision made or action taken in reliance on the information given by the Service or for any consequential, special or similar damages, even if advised of the possibility of such damages.
Contact
If you have any questions about this Disclaimer, contact me at:
- By email: support@PositivelyDevine.com
TERMS OF PURCHASE
Last Updated March 12, 2024
Thank you for your support and interest in Positively Devine. I am so thankful to have you as a part of the Positively Devine community!
Please review these Terms of Purchase very carefully. By purchasing our products and/or services, you are agreeing to these and are expressing that you have been given reasonable access to review these terms prior to your purchase. These Terms are binding as of the date you purchase or access our products and/or services.
General Purpose. These Terms are between you (“Purchaser,” “you,” “your”) and Positively Devine (“Company,” “we,” “us,” “our”) for the purpose of purchasing or otherwise obtaining digital products and/or services (our “Products”) whether through Positively Devine’s website at www.positivelydevine.com or any related domains or subdomains (the “Website”), or in person. Positively Devine and the Purchaser will collectively be referred to as “Parties,” and each individually as a “Party.”
By clicking “Add to Cart,” “Buy Now,” or any other phrase on the purchase button, submitting a payment electronically or in-person, or otherwise subscribing through the Website, you are agreeing to adhere to and be bound by following terms and conditions, together with the Terms of Use and our Privacy Policy, all of which are hereby incorporated by reference ( the "Terms"):
Scope of Products. Our Products include but are not limited to: Digital downloads, online courses, workshops, masterclasses, 1:1 or group coaching, etc.
Product Delivery. When you make a purchase and submit your payment, you will be provided with the Products as detailed on the Website {and/or as you selected prior to purchase}. Please note that product delivery will differ based on when you make your purchase and if it is a digital or physical product. For more information, please refer to [the product description, your receipt of purchase delivered by email, etc. {If the Product is listed as presale or pre-order, the order will be delivered as detailed on the Website. Positively Devine will make all reasonable efforts to meet any estimated delivery dates. Should Positively Devine be unable to meet estimated timelines for delivery of presale products, Positively Devine will have the sole discretion as to whether to issue a refund.}
Product Disclaimer. You understand and agree that the content included in any of the Products is merely meant to be informational in nature and does not represent any level of legal, medical, financial, or other professional industry-specific advice. As such, our Company will not be responsible for any damages that result from the use of the Products.
No Warranties + No Guarantees. We are providing the Products on this Website on an “As-Is” basis for individual use by you at your own risk and without any warranties, whether express or implied, including, but not limited to warranties of title; merchantability; fitness for a particular use; or any rights or licenses in these Terms. Positively Devine makes no warranty as to the accuracy and reliability of information set forth in the Products, the Website, and Company-related documentation. You understand and agree that purchasing the Products does not guarantee specific results, including financial or other business gains for you personally and/or for the business. The information included in the Products is provided for informational purposes only and you are responsible for implementing any business practices or suggested actions found within these Products.
Geographic Limitations. You understand and agree that the Products may not be suitable for your [state/country/jurisdiction] and agree that you are solely responsible for finding a licensed attorney in your area to review and modify the Products to adhere to your [state/country/jurisdiction]’s specific laws.
Payment + Billing. By providing Positively Devine with your preferred payment method, you represent that you: (i) are authorized to use, and (ii) authorize Positively Devine to charge that payment method (the “Authorized Payment Method”) for any fees related to your purchase of the Products, including without limitation fees relating to any paid feature of the Website and/or subscription service of Positively Devine in which you have chosen to enroll (collectively, the “Fees”). If you are taking advantage of any limited time trial-period offer and you do not cancel the service on or before the last day of the trial period, you are authorizing us to charge your payment method for the service. Unless otherwise indicated, all Fees are in USD.
Return Policy. Digital Products: Due to the nature of digital products being immediately accessible upon purchase, after you agree to these Terms, we do not allow for returns or refunds under any circumstances. In addition, no modifications to your purchase will be granted once your purchase is made. Thank you for your understanding. Courses + Coaching: If our Products did not meet your needs and you have followed the conditions in this section, we are willing to offer a 14-day return policy. Within the first 14-days, please contact me at: Support@PositivelyDevine.com and I would be happy to discuss any issues you may have had and what return or exchange policies are in effect for the particular item you purchased. If there is a problem with the supplements you purchased, we will have to work with the supplement company directly to determine what their return and/or exchange policy is.
Subscriptions + Subscription Cancellations. When you purchase any Products on an ongoing subscription basis (for example: weekly, monthly, quarterly, or annually), you are authorizing Positively Devine to process incurred and recurring Fees until the subscription is terminated and all outstanding fees have been paid in full. You must keep a valid Authorized Payment Method on file with Positively Devine. Recurring payments are billed in advance at 30-day intervals on the initial date of purchase on a prorated basis, then on the 30th day of the months that follow. If we are unable to successfully process a payment of the Fees using your Authorized Payment Method, we will make a second attempt to process payment 2 days later, then we will make a final attempt 2 days following the second attempt if it is unsuccessful. If the final attempt is unsuccessful, we reserve the right to suspend or revoke your subscription until all current and outstanding Fees are paid. If outstanding Fees remain unpaid for 90 days following the suspension date, Positively Devine reserves the right to refer your account to collections. The Purchaser has 30 days to notify Positively Devine of any issues with recurring payments.
You are required to complete all payments for the subscription period you committed to at purchase. At the end of the subscription period, the subscription service will auto-renew on a [monthly/quarterly/semi-annual, etc.] basis and may be canceled at any time in writing. If any payment is returned unpaid or the payment method is rejected during the subscription period, Positively Devine or its service providers reserve the right to collect any applicable fees as permitted by law. If you fail to make any payment on time and fail to correct such missed payment within 30 days, or if you fail to make any 2 payments on time, Positively Devine is permitted to cancel your participation in the program by providing written notice at the email address provided by you. Upon cancellation, you agree and promise to pay Positively Devine a cancellation fee as damages equal to (i) the amount of any missed payments, plus (ii) 50% of the remaining amounts due under the Agreement. The cancellation fee is due immediately, and Positively Devine is authorized to use any credit card or bank account on file to collect such fee. Positively Devine will have no further obligations to perform under these Terms following cancellation.
Chargebacks. By attempting a chargeback with your financial institution, you are expressly agreeing to pay the full cost of your original purchase, plus any fees or associated costs incurred by Positively Devine. We have the right to present these Terms to your financial institution, any payment processing company and/or investigating agency concerning the attempted chargeback or financial dispute.
Promotions + Discounts. We may occasionally market and/or advertise promotions, discounts, limited time offers, and/or bonuses (“Promotions”) to potential customers. You are entitled to take advantage of any active Promotions when you purchase our Products. Promotions are offered manually and/or through automated campaigns at any given time and are not guaranteed to be available when you make a purchase through the Website. We reserve the right to change or alter any Promotions at any time and at our sole discretion. If you made a purchase of our Products prior to any associated Promotions, we are unable to [honor the new offer, give you store credit, return a portion of your purchase, etc.]
License for Use. By purchasing Products through our Website, you are agreeing to the Terms of Purchase, and in return, we are providing you with a limited, non-transferable, non-exclusive, revocable, personal-use license (“License”) to use the Products by yourself only. Sharing, copying, reproducing, modifying, publishing, selling, or otherwise distributing the Products, whether publicly or privately, is expressly prohibited. You may, however, copy or print instructional materials, information, and guides within the Products for personal use, provided that all original formatting, copyright and trademark notices, and branding remains intact. Your limited license allows you to use the Products and any associated materials for yourself only. If you have multiple team members who would need access to the Products, you must purchase an additional License for each member of your team and ensure they are aware of these Terms of Purchase.
Intellectual Property. Positively Devine owns and retains all rights, titles, and interests in and to the Products. Nothing in these Terms transfers any intellectual property ownership beyond the limited license described in the above section, and we reserve all rights not expressly granted to you.
Consent to Use. By submitting reviews, images, comments, testimonials, or tags (“Submissions”) to us on any platform including, but not limited to social media and online reviews, you are by default granting us a commercial license and voluntarily releasing us to use your Submissions for any reasonable future business use. In doing so, we may use your first name {and with permission, your photo} along with any other publicly acknowledged information that has been revealed by you when referring to your Submissions on our Website, marketing materials, guides, and any other platform not expressed in these Terms.
Non-Compete. For a period of 1 year after you purchase Products from this Website or otherwise agree to these Terms, you understand and agree that you may not provide any services, engage in any aspect of business, and/or represent yourself and/or your business as a Vegan Nutritionist/Functional Bloodwork Specialist in a way that would be considered similar in nature to Positively Devine or its offerings. This includes offering products that are seen as similar to the Products you purchased from Positively Devine throughout the United States of America and its territories without the prior written consent of Positively Devine.
Age Limitations. You acknowledge you are able to perform any and all of the obligations required under these Terms of Purchase. By submitting payment or otherwise enrolling through the Website, you warrant that you meet all legal age limits in your jurisdiction that are required to use this Website and/or purchase Products.
Changing Terms. We reserve the right to update and revise these Terms at any time without notice to you. Your continued use of the Products and Website after we have updated the Terms of Purchase indicates your acceptance and agreement to the changes.
Privacy + Protection of Personal Information. We respect your privacy and are committed to protecting it. We may use certain information that we collect from you to operate Positively Devine and provide our Products. Please review our Legal Policies & Disclaimers to understand the types of data we collect from you and your devices (“Data”) in connection with your purchase of Products through the Website and how we use your Data.
Error in Store Presentation. We strive to present information that is published correctly and update the Website regularly in a way that allows us to correct any resulting errors. However, any of the content on the Website may, at any given time, be incorrect or out-of-date. We reserve the right to make changes to Product prices, specifications, processes, Promotions, availability, and to the Website as a whole at any time under any circumstance.
Termination of Use. We may terminate your account or restrict your use of the Website at any time for any reason. Under these Terms, you understand that you are responsible for any orders and purchases you make or charges you incur prior to such termination. Positively Devine may change, discontinue, or otherwise suspend the Website for any reason, at any time, and without prior notice to the Purchaser.
Limitation of Liability. Positively Devine is in no way liable to the Purchaser or any other third party for any and all damages including, but not limited to, punitive or exemplary damages or those resulting from negligence relating to these Terms, regardless of whether the Purchaser was advised of such damages, the foreseeable nature of the damages, and the legal or equitable theory upon which the claim for damages is based.
This Limitation of Liability provision does not purport to affect any liability that cannot be excluded or limited under the law.
Maximum Damages. Our entire maximum liability and your sole remedy for any actions or claims shall be limited to the actual amount paid by you for the Products you have purchased through the Website.
Binding Arbitration. In the event there is a dispute between the Parties that cannot be brought to an amicable mutual understanding, the Parties understand and agree that such dispute will be handled through binding arbitration in alignment with the rules of the American Arbitration Association. The Parties understand that they will be bound by any decision rendered by the arbitrator and/or arbitration proceedings. The arbitration itself will be held in Shasta County, California. If the arbitration is unable to move forward in the designated jurisdiction, Positively Devine will unilaterally elect another venue for the arbitration. The Parties will equally share in the costs and expenses of arbitration and any related proceedings.
Choice of Law. These Terms and the Parties’ relationship are governed by the laws of the State of California. In the event of conflicting laws, the laws of California will control.
Notices. We may provide notice to you by: (i) sending a message to the email address provided by you, or (ii) by posting to the Website. Notices sent by email will be effective at the time of sending and notices posted to the Website will be effective upon posting. You may provide notice to Positively Devine by certified mail to Positively Devine 15901 Dragonfly Dr Oak Run, CA 96069. Notices provided by certified mail will be effective upon actual receipt of the notice.
Severability + No Waiver. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in these Terms will remain valid and enforceable. By failing to enforce any right or provision of these Terms, we are not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in these Terms will only be considered waived if done so in writing by an authorized representative of Positively Devine.
Transfer + Assignment. You may not transfer or assign any of your rights under these Terms to any third party without the express written consent of Positively Devine.
Force Majeure. To the extent that any failure or delay in our delivery of the Products under these Terms is caused by or results from acts or circumstances beyond our reasonable control, we will not be liable or responsible to you and the same will not be considered a breach of these Terms. Such acts or circumstances beyond our reasonable control could include, without limitation, acts of God, fire, flood, earthquake, natural disasters, cyber-attacks, terrorism, revolution, insurrection, civil unrest, national emergency, epidemic, pandemic, labor disputes, supply chain restraints or delays in obtaining suitable materials, materials breakdown, telecommunications breakdown, or power outage.
Headings for Convenience Only. The headings in these Terms are included for convenience and reference, and are not meant to describe, define, or limit the scope or intent of any provision.
Entire Agreement + All Rights Reserved. In concluding these Terms, you understand and acknowledge that these Terms constitute the final agreement and supersede all others regarding the purchase, sale, and use of any Products and the use of the Website. Positively Devine reserves any and all rights not expressly granted in these Terms.
