User Agreement Regarding Online Advice Service

This is a legal agreement dated as of [terms e-accepted] between you (the “Customer”) and Kap Ink LLC DBA Alchemy-Method (hereinafter referred to as “Consultant”), and states the terms of use that govern your use of the Consultant’s website (the “Website”) and any services or information provided to you by Consultant (hereinafter referred to as the “Agreement” and the “Terms of Use”). As used in this Agreement, the term “You” and “Your” shall mean the Customer. Any references to “We”, “Us”, and “Our” shall refer to the Consultant. By signing this Agreement and by using the Website, and/or by receiving services or information provided by Consultant, you agree to comply with and be bound by the Agreement and by these​ Terms of Use.

​

This Agreement is subject to changes, updates and additional terms, rules and polices, as determined by Consultant in its sole and absolute discretion, which changes, updates and additional terms, rules and polices are effective upon posting on the Website. You agree to be bound to any such changes to this Agreement when you sign this Agreement, use the Website or receive any services or information from Consultant. 

​

IF YOU OBJECT TO ANY TERMS OF THIS AGREEMENT OR ANYTHING IN THE WEBSITE, DO NOT SIGN OR ELECTRONICALLY ACCEPT THIS AGREEMENT OR USE THE WEBSITE AND DO NOT RECEIVE OR ACCEPT ANY SERVICES OR INFORMATION FROM CONSULTANT.

​

Whereas, Consultant is engaged in a business known as Alchemy – Method™; and Whereas, Consultant has agreed to provide certain consulting work for the Customer as an herbalist and nutritional consultant pursuant to the terms of this Agreement. Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby

acknowledged, the parties agree as follows:

​​

1. Services of Consultant

 

Consultant is an online resource to obtain advice on common life issues. Consultant shall be available and shall provide to the Customer certain professional consulting services in the pursuit of a natural lifestyle (hereinafter referred to as the “Program” or the “Services”), as

requested by Customer. Services offered through the Website are limited to providing advice to adult Customers (18 years or older). A Customer seeking advice can submit an online description of his or her issue and purchase the Services offered through the Website.

The specific details of the Services are set out in the Program Architecture. ​

​

THE CONSULTANT IS NOT A LICENSED PSYCHOLOGIST, MENTAL HEALTH COUNSELOR, SOCIAL WORKER, MARRIAGE OR FAMILY THERAPIST, OR DOCTOR. CONSULTANT'S SERVICES DO NOT INCLUDE EVALUATION, ASSESSMENT, DIAGNOSIS, TREATMENT OR PREVENTION OF ANY EMOTIONAL OR MENTAL DISORDERS OR BEHAVIORS. IF YOU HAVE AN EMERGENCY YOU SHOULD CALL 911

OR CONTACT A LICENSED MENTAL HEALTH PROFESSIONAL.

​

If you are an adult over the age of 18 and wish to use the Website and to receive any Services or information from Consultant, which includes, without limitation, your providing personal and private information for the purposes of engaging Consultant to provide Services to you, please

read this Agreement and indicate your acceptance by signing or electronically accepting this Agreement where indicated below or if applicable, by clicking " I AGREE" where indicated in the box below. IF YOU DO NOT AGREE TO THE TERMS IN THIS AGREEMENT, DO NOT SIGN THIS AGREEMENT; DO NOT CLICK "I AGREE," AND DO NOT USE THE WESBITE AND DO NOT RECEIVE OR ACCEPT ANY SERVICES OR INFORMATION FROM CONSULTANT.

​

Consultant may refuse you access to the Website if you fail and/or refuse to comply with any part of this Agreement. If this Agreement between you and Consultant terminates, the provisions of this Agreement intended to survive termination still will remain in effect. In the event that this Agreement is inconsistent with a subsequent Agreement entered into between you and Consultant, the terms

of the subsequent Agreement shall control.

​​

2. Program Plans

​

The Program Plan and any Services to be performed by Consultant under this Agreement, shall be selected by Customer in the Program Plan Architecture Supplement attached hereto and made a part hereof as Annex I. Unless otherwise agreed by the parties, Customer shall pay

Consultant the amounts due in accordance with this Agreement.

​​

3. Eligibility and Security

​

Your use of the Website is void where prohibited. CONSULTANT SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION YOU SUBMIT IN CONNECTION WITH THE WEBSITE, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE AND EXCLUSIVE RISK, AND CONSULTANT SHALL NOT HAVE ANY LIABILITY OF ANY KIND WHATSOEVER TO YOU FOR ANY LOSS OR DAMAGE

RELATING TO DISCLOSURE OF SUCH INFORMATION.

​​

4. Prohibited Use

 

You may not use the Website in connection with any commercial activity or for financial gain unless Consultant has given its written consent to such use. Any use of the Website to collect visitor's email addresses, by electronic or other means, for the purpose of sending unsolicited commercial email, spam or computer viruses is an unauthorized use of the Website. Consultant reserves the right to undertake legal action for any illegal and/or unauthorized use of the Website.

​

5. Customer Acknowledgements

​

The Customer hereby acknowledges and agrees that:

​

5.1. Consultant has no formal education, training or experience in the evaluation, assessment, diagnosis, treatment and prevention of medical conditions, or emotional and mental disorders and behaviors. Consultant is not a licensed psychologist, mental health counselor, social worker, marriage or family therapist, or doctor.

​

5.2. Consultant's Services do not include evaluation, assessment, diagnosis, treatment or prevention of any emotional or mental disorders or behaviors.

​

5.3. The Services provided by Consultant are limited to providing the Program Plan(s) selected by the Customer in Annex I. The fees shall be applied to the Program Plan(s) selected by the Customer in Annex I. The fees are non-refundable.

​

5.4. Any links provided on the Website are for informational purposes only. Consultant does not warrant the accuracy, completeness or quality of any information contained on websites owned or maintained by third parties.

​

6. Customer's Responsibilities, Representations and Warranties

 

6.1. The Customer shall not request from Consultant any evaluation, assessment, diagnosis, treatment or prevention of any medical conditions, or any emotional or mentaldisorders or behaviors.

​

6.2. health professional. In the event of any emergency, the Customer shall dial 911 or contact a licensed

 

6.3. The Customer shall not provide any confidential or private information to Consultant. The Customer fully assumes the risk of disclosure of any confidential or private information provided to Consultant.

​

6.4. The Customer shall pay the fees for the Services on or before the Start Date specified by the Customer in Annex I. The fees shall be applied to the Program Plan(s) selected by the Customer in Annex I. The fees are non-refundable.

​

7. Consultant's Rights

​

Consultant reserves the right to remove, block and/or delete your information from its database without warning if you violate this Agreement. Consultant reserves the right to take any action that Consultant deems in its sole and absolute discretion reasonably necessary or appropriate

to enforce and/or verify your compliance with any part of this Agreement and to cooperate with any legal process relating to your use of the Website, and/or to investigate a third party claim that your use of the Website is unlawful and/or infringes such third party's rights. You agree that

Consultant has the right, without liability to you, to disclose any information you provide to any third party, as Consultant deems, in its sole and absolute discretion, reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement, to cooperate

with any legal process relating to your use of the Website, and/or to investigate a third party's claim that your use of the Website is unlawful and/or infringes such third party's rights. Consultant reserves the right to reject and refuse to accept any information you provide, and to

delete, remove or edit any information you provide any time, for any reason, in Consultant's sole and absolute discretion and without prior notice or liability. Consultant reserves the right, in its sole and absolute discretion, to restrict, suspend, or terminate your access to all or any part of

the Website at any time, for any or no reason, with or without prior notice, and without liability.

​

8. Consultant's Content

 

Consultant owns and retains all proprietary rights in the Website, which contains copyrighted text, information, video recordings, audio recordings, works of authorship and images created by or on behalf of Consultant, trademarks, and other proprietary information and intellectual

property of Consultant and its licensors (“Consultant Content”). Except for that Consultant Content which is in the public domain, for which Consultant or its licensors have given you express written permission, you may not license, transfer, copy, modify, publish, transmit,

distribute, display, or sell any such Consultant Content.

​

9. Authorization, License and Release

​

You unconditionally authorize and grant Consultant the non-exclusive authority, right and license to publish, distribute, display and commercially use your initials and information you submit to the Website, in any media, whether print, audio, video, radio, television, film or

internet, in and on the Website, and to promote, advertise or publicize the Website. You forever release, on behalf of yourself, your heirs and your personal representatives, Consultant and its principals, shareholders, officers, directors, agents, representatives, employees, assigns,

affiliates, successors and any person or entity in privity therewith, of and from any and all claims, lawsuits, damages and actions that you could assert in the future arising from or relating to this Authorization, License and Release including, without limitation, claims for royalties,

trademark/copyright infringement, defamation, libel, slander, emotional distress, false light, invasion of right to privacy, infringement on the right to publicity, attorney's fees, compensatory damages and punitive damages.

​​

10. Copyright Policy

​

You may not post, publish, distribute, display or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on

the Website in a way that constitutes copyright infringement, please provide Consultant with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim

has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner,

its agent, or the law; a written statement signed by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

​​

11. Computer System Integrity

​

Consultant does not represent, warrant, guarantee or promise that the Website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Consultant disclaims any liability relating thereto. You are responsible for backing up your own

computer system. Consultant is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, change of email address, theft or destruction or unauthorized access to, or alteration of, any Consultant Content

or email message. Consultant is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or account information due to technical problems,

change of email address, or traffic congestion on the Internet or on the Website or combination thereof, including any injury or damage to you or to your computer related to or resulting from, in whole or in part, any use of the Website.

​​

12. Electronic Signatures and Payment

​

Your use of the Website includes the ability to enter into agreements and/or to make purchases electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and purchases. You agree to pay for any

and all services you purchase through the Website, and that Consultant may charge you for any services you purchase, and for any additional amounts (including any taxes and late fees, asapplicable) as may be incurred by or in connection with your account.

YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES IN ACCORDANCE WITH THIS AGREEMENT AND FOR PROVIDING CONSULTANT WITH VALID ACCOUNT DETAILS FOR PAYMENT OF ALL FEES.

All fees will be billed to the account you designate in Annex I hereto.  All fees are due and payable on or before the Start Date specified by the Customer in Annex I. The fees shall be applied to the Program Plan(s) selected by the Customer in Annex I. All fees are non-refundable. If there is a change in your account or status, you must change your account information contained in your account. Consultant may disable or terminate your

account until it verifies the validity of the new account information. Fees and availability of any service are subject to change at any time.

​​

13. Legal Compliance

​

The Website is controlled and operated by Consultant from his/her offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Website.

​​

14. DISCLAIMERS

​

CONSULTANT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT CONSULTANT MAY DISABLE THE WEBSITE INDEFINITELY OR PERMANENTLY WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, AND ANY PRODUCTS AND/OR SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED AS IS AND WHEN AVAILABLE FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND EXCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CONSULTANT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THE QUALITY, MERCHANTABILITY, FITNESS,

APPROPRIATENESS, SAFETY OR NECESSITY OF THE INFORMATION ON THIS WEBSITE OR OF THE SERVICES YOU MAY REQUEST. YOU EXPRESSLY AGREE THAT THE INFORMATION PROVIDED ON THE WEBSITE AND THE PROGRAM AND THE SERVICES, OR CONSULTANT'S INABILITY TO PROVIDE THE PROGRAM AND/OR THE SERVICES, IS AT YOUR SOLE RISK. THE PROGRAM AND THE SERVICES ARE PROVIDED "AS IS" AND "WHEN AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND EXCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

​​

15. Limitation of Liability

​

In no event shall Consultant, its principal(s), employees, representatives, affiliates, agents, contractors, licensors, successors or assigns (each an “indemnified Party” and together the “Indemnified Parties) be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Website or for any other claim related in any way to your use of the Website, even if Consultant knows of the possibility of such loss or damage. In no event shall the Indemnified Parties be liable for any direct, indirect, incidental, punitive, special, or consequential damages, including, without limitation, personal injury, wrongful death, disability, pain and suffering, lost wages, lost profits or revenues, arising from

your use or receipt of the Website or the Program or the Services or any services provided by a third party in relation thereto, even if Consultant knows of the possibility of such loss or damage. In no event shall an Indemnified Party’s liability to you exceed the total price you pay

to Consultant for the Program or the Services causing the claimed loss or damage. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, each Indemnified Party’s liability shall be limited to the extent permitted by law. Your obligations under this paragraph shall survive the termination or cancellation of this Agreement.

“Indemnified Parties” means the Consultant and its principals, employees, representatives, affiliates, agents, contractors, licensors, and successors or assigns. “Indemnified Party” means each of the Indemnified Parties.

​

16. Release and Indemnity

​

By signing this Agreement and/or by using the Website, you and on behalf of your spouse, domestic partner, heirs, executors, personal representatives, successors and assigns, agree to release Consultant, his/her employees, representatives, affiliates, agents, contractors, licensors,

successors, assigns and any person and entity in privity therewith from and against any and all claims for costs, expenses, negligence, personal injuries, malpractice, wrongful death, property damage, lost wages, lost income, attorney's fees, compensatory damages, consequential damages and punitive damages, arising out of arising from or relating to, whether directly or indirectly, in whole or in part, your breach of this Agreement, your use of the Website, any act or omission by Consultant with respect to the Program and/or the Services or by any person or entity providing services to you in referral from Consultant. The Customer's obligations under this paragraph shall survive the termination or cancellation of this Agreement. You and on behalf of your spouse, domestic partner, heirs, executors, personal representatives, successors and assigns, agree to indemnify, defend and hold harmless Consultant, his/her employees, representatives, affiliates, agents, contractors, licensors, successors, assigns and any person

and entity in privity therewith from and against any loss, liability, claim, or demand, including reasonable attorneys' fees, made, alleged or asserted by any third party due to, arising from or relating to, whether directly or indirectly, in whole or in part, your use of the Website, whether in

violation of this Agreement or otherwise, any act or omission by the Customer or the Customer's breach of this Agreement. The Customer's obligations under this paragraph shall survive the termination or cancellation of this Agreement.

​

17. Noncompetition

​

Customer agrees that he/she will not own or operate (directly or indirectly) a natural lifestyle consulting business substantively similar to the Program or the Services (howsoever described) for a period of five (5) years from the date of this Agreement. Customer agrees that this  noncompetition section is necessary to protect the Consultant, the Program and the Services, and that Customer's violation of this section would result in irreparable harm to Consultant. If Customer breaches this section, Consultant shall be entitled to injunctive relief in addition to any

other remedies legally available. This Section shall survive termination of this Agreement.

​

18. Confidentiality 

​

The parties recognize that Customer may receive or become familiar with information that Consultant considers confidential. This information may include, but is not limited to the Program, the Services, and the Program Architecture. Customer agrees to keep all such information confidential and not to discuss or divulge it to anyone other than appropriate personnel of Consultant. Customer agrees that this confidentiality section is necessary to the protect the Consultant, the Program and the Services, and that Customer's violation of this section would result in irreparable harm to Consultant. If Customer breaches this section, Consultant shall be entitled to injunctive relief in addition to any other remedies legally available.

This Section shall survive termination of this Agreement.

​​

19. Termination

This Agreement may be terminated by Consultant upon three days prior written notice to Customer. (3) days 

​​

20. Notices

​

Consultant may send you a notice by sending an email message to the email address listed in your registration or contact information or by sending a letter via United States postal mail to the contact address listed in your registration or contact information. Notices shall become effective

when sent by Consultant.

​

21. Governing Law, Venue, and Jurisdiction
 

THIS AGREEMENT AND CUSTOMER’S USE OF THE WEBSITE, INCLUDING ITS ENFORCEMENT AND ANY DISPUTES ARISING OUT OF OR RELATING TO IT, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF

CONNECTICUT WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. THE PARTIES IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF CONNECTICUT AND OF THE FEDERAL COURTS IN THE SOUTHERN DISTRICT

OF NEW YORK WITH RESPECT TO ANY CLAIM, SUIT, ACTION OR PROCEEDINGS RELATING TO ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE. CUSTOMER AND CONSULTANT HEREBY WAIVE A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WEBSITE, OR ANY TRANSACTION IN CONNECTION THEREWITH. CUSTOMER’S USE OF THE WEBSITE

MAY ALSO BE SUBJECT TO OTHER LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAWS.

 

22. Entire Agreement

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

 

23. Modification of Agreement
Other than as expressly stated herein, any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party.

​

24. Severability
The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and

effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

​

25. No Waiver

Consultant's failure to enforce any right or provisions in this Agreement shall not constitute a waiver of such provision, or any other provision of this Agreement. Consultant’s failure insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any

breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

​

26 Accepting E-Terms

You acknowledge that these terms may be accepted electronically through an online e-commerce platform, including but not limited to Shopify, Stripe, or similar services.