terms of use

& disclaimers

1. Introduction

1.1 Welcome to www.evolutionaryherbalism.com and members.evolutionaryherbalism.com (“website”) which is the online home of The School of Evolutionary Herbalism (“company”, “we” or “us”). “You” refers to the visitors or users of this site.

1.2 Use of our website is on the following terms (the “Terms of Use”). If you do not agree to these Terms of Use, please stop using our website immediately. By accessing and using this website, you are indicating your acceptance to be bound by these Terms of Use. They are a legal agreement between you and us and can only be amended with our consent. They should be read in conjunction with any details provided on our website about how our website operates and the services which are available.

1.3 We reserve the right to change these Terms of Use from time to time without prior notice.

2. Accessing the Website

2.1 We cannot guarantee that our website will operate continuously or without interruptions or be without error. You must not attempt to interfere with the proper working of our website, and, most importantly, you must not attempt to circumvent security, tamper with, hack into, or otherwise disturb our website or any computer system, server, router or any other internet-connected device.

2.2 Your use of this website also requires you to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on our sites and services. Unless expressly permitted by supplemental terms, this website is intended for general audiences 16 years of age and older. Access by anyone younger is not authorized.

3. Intellectual Property

3.1 This website contains material, such as videos, handouts, podcasts, photographs, text, graphics, images, sound recordings, and other material provided by or on behalf of The School of Evolutionary Herbalism. The content may be owned by use or third parties. The content is protected under both United States and foreign laws. Unauthorized use of the content may violate copyright, trademark, and other laws.

3.2 The contents of our website are protected by copyright laws and are the property of their owners. All information on our website is copyrighted by The School of Evolutionary Herbalism. Unless otherwise noted, you may access and use the publicly available content within the Sites for your personal, non-commercial use.

3.3 Users who have purchase any product or service, may use any such purchased product or service for their own personal, non-commercial use.

3.4 No other use is permitted without the prior, written consent of The School of Evolutionary Herbalism. The School of Evolutionary Herbalism retains all rights, titles, and interest including all intellectual property rights. You may not change, modify, delete, display, transmit, adapt, exploit, transfer, assign, license, sublicense, or copy for distribution or sale any information, material, trademark, or copyright on our website. You must retain all copyright and other proprietary notices contained on our website. The use or posting of School of Evolutionary Herbalism content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited. You must obtain written permission from us or any other entity who owns intellectual property on the Sites before you may publish, distribute, display, or commercially exploit any material from the sites. By using this site, you agree to abide by all copyright notices or other posted restrictions.

4. Disclaimers

4.1 This website is not intended to provide medical advice, diagnosis, or treatment. The products, information, services, and other content provided on and through this site, including information that may be provided on this website directly or via linking to third-party sites by a healthcare or nutrition professional, are provided for informational services only. Please consult with your physician or other healthcare professional regarding any medical or health-related diagnosis or treatment options.

4.2 None of the Sites are intended to provide medical advice, diagnosis, or treatment. The products, information, services, and other content provided on and through any of the sites, including information that may be provided on any of the Sites directly or via linking to third-party sites by a healthcare or nutrition profession, are provided for informational purposes only.

4.3 The information, services, products, claims, topics, and materials on our Sites are provided “as is” and without warranties of any kind, either express or implied. We disclaim all warranties, expressed or implied, including but not limited to implied effectiveness of the ideas or strategies listed on this website as well as those that are provided in our products or to our participants at our events.

4.4 Neither we nor any of our respective licensors or suppliers warrant that any functions contained in this website will be uninterrupted or error-free, that defects will be corrected, or that the website or server that makes them available are free of viruses or other harmful components. Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products, information, or materials in this website in terms of their correctness, accuracy, reliability, or otherwise.

4.5 We do not endorse, warrant, or guarantee any writers, speakers, products, or services offered on this website or those we link to. We are not a party to, and do not monitor, any transaction between users and third-party providers of products or services.

5. Further Disclaimers

5.1 You are required by law to disclose in any email or social media posts that you have an affiliate relationship with the party whose product you’re promoting and that you may be compensated for any sales you generate through your endorsements or promotional efforts. It is your responsibility to do your own due diligence to make sure you’re compliant with these laws.

5.2 Many factors will be important in determining your actual results from this site. We make no guarantees that you will achieve results similar to ours or anyone else’s. In fact, we make no guarantees that you will achieve any results from the ideas and techniques contained on our web website or in our products.

5.3 To the extent we include any case studies or testimonials on this site, you can assume that none of these stories in any way represent the “average” or “typical” customer experience. You should assume that you will obtain no results with this program.

5.4 You full agree and understand that the company is not responsible for your success or failure, and makes no representations or warranties of any kind whatsoever that our products or services will produce any particular result for you.

6. Submitting Materials to Site

6.1 You are prohibited from uploading, submitting, posting, or making available on this website any artwork, photos, videos, or materials, protected by copyright, trademark, or other proprietary right without the express written permission of the owner. You shall be held liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights or harm resulting from any such submission.

7. General Guidelines

By using and accessing this website, you agree to comply with these guidelines and that:

7.1 You will comply with all applicable laws in your use of this website and will not use it for any unlawful purpose.

7.2 You will not upload, post, email, transmit, or otherwise make available any content that:

• • Infringes any copyright, trademark, right of publicity, or other proprietary right of any person or entity; or
  • Is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e. speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran stats, and/or sexual orientation/gender identity); or
  • Discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information; or
  • You will not “stalk,” threaten, or otherwise harass another person; or
  • You will not spam or use this website to engage in commercial activities; or
  • You will not impersonate any person

7.3 If any part of these Terms of Use is found to be unenforceable as a matter of law, all other parts of these Terms of Use shall be unaffected.

8. Governing Law and Jurisdiction

   8.1 These conditions make up the whole agreement between you and us in how you use our website. If a court decides that a part of this agreement is not valid, the rest of the conditions will still apply.

   8.2 The laws of the United States apply to your use of our website and these conditions. We control our website from within the United States. However, you can get access to our website from other places around the world. Although these places may have different laws from the laws of the United States, by using our Site, you agree that the laws of the United States will apply to everything relating to you using our website and you agree to follow these laws. We reserve the right to take you to court in the country you live in.

9. Refund and Payment Policy

9.1 From the first day of enrollment, students have 30 days to request a refund. All payment plans will remain active unless a cancellation request occurs within the first 30 days. We will not issue refunds after the 30-day period is complete. For example; if a student enrolls on March 1st, they must submit their request to cancel by March 30th. If they request a refund on day 31, they will not be entitled to a refund. Students enrolled with a payment plan are responsible for paying for the course in full after the 30-day refund policy is complete. Absolutely no refunds will be given after a 2nd payment is authorized on monthly or annual plans. If a student downloads a certificate of completion, they forgo eligibility to the 30 day refund policy. We only process account adjustments/refunds Monday – Friday: 8 – 4 pm PST. If a payment is scheduled for a weekend date or holiday, students must contact [email protected] at least 2 days in advance to request a refund and cancel a payment plan.

9.2) If a program is purchased through the Evolutionary Herbalism App, our 30 day refund policy is no longer applicable. All payments will be processed outside the Evolutionary Herbalism Company and in doing so, it is out of our control to adjust accounts or issue refunds. The student will be bound to the terms and conditions of IOS and Android providers. For questions about refund eligibility please reach out to Apple or Google Play.

9.3) If any part of the program you have registered for is downloaded within the 30-day refund policy you will forego your right to a refund. This includes any audio downloads, transcripts, PDFs, notes, and any other downloadable content. If you download a portion of the program you will be responsible for completing your payments in full for the program and we reserve the right to continue to bill for the program.

9.4) Students are eligible to request a one time pause for up to 90 days should a financial difficulty occur while committed to a payment plan in the following programs: Alchemical Herbalism, Vitalist Herbal Practitioner Program, Astro-Herbalism, Elemental Herbalism, Botanical Constellations. In the event of suspension, it is the students’ responsibility to contact [email protected] one week before the upcoming scheduled payment is due to make the request. A member from our support team and the student will determine and agree to a new start date. An automated email will notify the student one week prior of the scheduled new start date. Refunds will not be issued without adequate notice and will not be issued once the payment takes place. If the 90 days is overdrawn, a re-activation fee will be applied upon the renewal of a suspended payment plan. The reactivation fee is $50.00 for Alchemical Herbalism and the Vitalist Herbal Practitioner Program, and $25.00 for Astro Herbalism, Elemental Herbalism, and Botanical Constellations. We do not offer suspensions for Materia Medica Monthly

9.5) In the event of a declined or failed payment, the School of Evolutionary Herbalism automates multiple attempts to collect the failed payment. If a payment plan fails, our system will automatically attempt to run that same failed payment every 2 days for 14 days, and if one of the following automated payments is authorized and paid successfully, we will not issue refunds. If a failed or declined payment is not cleared within 10 days, the School of Evolutionary Herbalism reserves the right to cancel the student’s enrollment and remove student access to their course. Upon cancellation, the student is obliged to contact our team to resolve the failed payment plan. If the failed payment is not resolved within 90 days, a re-activation fee will be applied upon return. It is the student’s responsibility to contact our support team with their request to pause or cancel payments prior to the scheduled payment date.

9.6) In the event that a student wishes to pay off a payment plan in full, the student may contact our support team and make one full payment that equals the total balance remaining from the original payment plan they registered with.

9.7) If a student wishes to switch a payment plan, they are eligible to switch plans within 30 days of their first purchase date. After 30 days, the student will be locked into that payment plan and total payment amount that they originally signed up with.

9.8) Transference from one program to another is only possible between Alchemical Herbalism and the Vitalist Herbal Practitioner Program and must be done within the first 30 days of enrollment.

9.9) In order to use this website, a user must first complete this registration form. During registration, a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest or purchased. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.
In the course of operating the Websites and/or interacting with you, we will collect (and/or receive) the following types of personal data:

• Personal Information: When you sign up to receive any of our newsletters, respond to a survey, register for an event or class, or purchase any product or service, you may be required to provide us with personal information about yourself, such as your name, address, email address, and phone number. You may also offer or provide a comment, photo, image, or video while interacting with this site. All information we collect and/or receive under this section is collectively called “Personal Information.”
• Order Information: When you place an Order, you must provide us with certain information about the products and services you are seeking to purchase. Such information is collectively called the “Order Information.”
• Billing Information: When you wish to purchase a product or service, you will be required to provide certain information in addition to the Personal Information and Order Information noted above. Such information may include a debit card number, credit card number, expiration date, billing address, activation codes, and similar information. Such information is collectively called the “Billing Information” and will be collected and processed by our third-party payment vendors pursuant to the terms and conditions of their privacy policies and terms of use. Our primary third-party processor is Ontraport Payments. See their privacy policy here. We also use PayPal on occasion. Their privacy policy can be viewed here.

Last Updated: November 3, 2022