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Terms and Conditions and Privacy Policy

Last modified: August 27, 2023

                                   TERMS AND CONDITIONS AND PRIVACY POLICY

Welcome!

 

The material appearing on this website [www.sowpathwellness.com] (this “Site”), is provided as
information about SOW PATH WELLNESS’ business, community, and people, and as a platform for
online connection. The owner of this Site, SOW PATH WELLNESS and its directors, agents,
employees and affiliates assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found on the Site or material linked to this Site.
Any information on this Site is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion. By using this Site, you accept and agree that following and using any information or recommendation provided on this Site is at your own risk.

TERMS AND CONDITIONS

Please read the following carefully! Your access to and use of this Site is subject to legally binding
terms and conditions which you accept and agree to by accessing this Site.
The following terms and conditions (“Terms and Conditions”) form is a binding agreement (this
“Agreement”) between you and SOW PATH WELLNESS, LLC, a Limited Liability Company operating out of the State of Maine (“SOW PATH WELLNESS”). SOW PATH WELLNESS may modify, amend, supplement and replace these Terms and Conditions at any time without providing you with advance notice. Your continued use of this Site after any change means you have accepted the changed Terms and Conditions.
1. Copyright. All materials created by SOW PATH WELLNESS on the Site are protected by United
States copyright laws as original works. The absence of a registered copyright symbol does not
mean that such materials are not protected as belonging to SOW PATH WELLNESS.
2. Links to Third Party Websites. This Site may contain links to third-party websites. All such linked
sites, materials and pages are not under the control of SOW PATH WELLNESS and SOW PATH
WELLNESS is not responsible for the content contained in any linked website nor for any losses
or damages you may incur as a result of the use of any third party website. SOW PATH
WELLNESS accepts no liability for any errors or omissions contained in third-party websites.
These links are provided to improve your use of this Site, enable you to connect with SOW PATH
WELLNESS on various platforms, help SOW PATH WELLNESS offer the easiest services for you
and conduct transactions.
3. Qualifications. We hold the following professional qualifications and certifications: Certified
   Health Coach.
4. Scope of Practice. The scope of our practice is as follows:

  4.1. Here is what we will be doing together: We help clients uncover their root cause ailments
          and rebalance their bodies by removing toxicities and replenishing deficiencies. We use
          functional medicine at-home labs to get an exact picture of the imbalance.
  4.2. Here is what we will not be doing together: We do not diagnose, treat, or cure disease. We
         do not prescribe medication or supplements but rather make suggestions on how to
         rebalance the body.

5. Use License. If SOW PATH WELLNESS has materials on the Site that you can download,
permission is granted to download copies of the materials for personal, non-commercial viewing
only. This is the grant of a license, not a transfer of title, and under this license you may not:

      5.1. modify or copy the materials;
      5.2. use the materials for any commercial purpose or for any public display (commercial or
             non-commercial);
      5.3. transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be
terminated by SOW PATH WELLNESS at any time. Upon terminating your viewing of these
materials or upon the termination of this license, you must destroy any downloaded materials in
your possession, whether in electronic or printed format.
6. Refunds. Our refund policy for any of the services or products sold on the Site is as follows: Sales
are refundable within 30 days of purchase.
7. Disclaimer. Our goal is to share information in an informative, open, and honest way. That being
said, any information and services provided on or through the Site are for informational and
educational purposes only. What we share is the opinion and perspective of SOW PATH
WELLNESS. The information and education are not intended or implied to supplement or replace
professional advice. Before taking any action, please make sure you consult with a professional.
8. No Guarantees. We make no guarantees about any particular results or benefits that you’ll get
from our Site, our products or services. We will do everything to give you the tools to succeed, but
we make no guarantees. We cannot be any more clear about this: we make no promises
regarding results and make no guarantees whatsoever.
9. Site Terms of Use Modifications. SOW PATH WELLNESS may revise these Terms and
Conditions for its Site at any time without notice. By continuing to use the Site after SOW PATH
WELLNESS modifies this Agreement, you are agreeing to be bound by the updated version of this
Agreement.
10. Limitation of Liability. In no event shall SOW PATH WELLNESS or its affiliates be liable for any
damages (including, without limitation, damages for loss of data or profit, or due to business
interruption) arising out of the use or inability to view or use the materials or content on the Site,
even if SOW PATH WELLNESS has been notified orally or in writing of the possibility of such
damage.
11. Choice of Laws and Venue. The parties agree to irrevocably submit all claims relating to SOW
PATH WELLNESS’ Site to the exclusive jurisdiction of the courts of the State of Maine without
regard to its conflict of law provisions.
12. Indemnity. As a condition of your use of this Site, you indemnify SOW PATH WELLNESS and its
directors and affiliates from and against any and all liabilities, expenses (including legal fees) and
damages arising out of claims resulting or arising from your use of this Site.
13. Entire Agreement. These Terms and Conditions and any other legal notices, policies and
guidelines of SOW PATH WELLNESS linked to these Terms and Conditions or contained on this
Site constitute the entire agreement between you and SOW PATH WELLNESS relating to your
use of this Site and supersede any prior understandings or agreements (whether oral or written),
claims, representations, and understandings of the parties regarding such subject matter. This
Agreement may not be amended or modified except by SOW PATH WELLNESS. If for any reason
a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be
unenforceable, that portion or provision shall be enforced to the maximum extent permissible so
as to effectuate the intent of the parties as reflected by that provision, and the remainder of these
Terms and Conditions shall continue in full force and effect. Failure by SOW PATH WELLNESS to
enforce or exercise any provision of these Terms and Conditions shall not constitute a waiver of
that right. Paragraph headings are for reference only.


PRIVACY POLICY

SOW PATH WELLNESS understands how important your privacy is. This privacy policy (the “Privacy
Policy”) sets out the privacy policies and practices for SOW PATH WELLNESS, LLC and its
subsidiaries and affiliates (collectively, “SOW PATH WELLNESS”) with respect to how SOW PATH
WELLNESS collects your personal information. It also describes how SOW PATH WELLNESS
maintains, uses, and discloses personal information. This Privacy Policy applies to information
collected from you by SOW PATH WELLNESS via the Site. This Privacy Policy also sets out how you
can access certain information that SOW PATH WELLNESS may collect about you.
In this Privacy Policy, personal information means information about an individual whose identity is
apparent or can be reasonably ascertained from the information as further defined under applicable privacy laws (“Personal Information”).
Please note that the Site may contain links to other third-party websites that are not controlled or
operated by SOW PATH WELLNESS. All of these third parties are listed in section 4.4 of this
Agreement. This Privacy Policy does not apply to such third-party websites, and SOW PATH
WELLNESS is not responsible for the content of such third-party websites or the privacy practices of
such third parties. SOW PATH WELLNESS encourages you to request and review the privacy policies of any third parties upon disclosing your Personal Information to such parties or when visiting such third-party websites.
1. Consent of Collection of Information. By submitting Personal Information to SOW PATH
WELLNESS and its Site or any of its service providers, you agree and consent to the collection of
your Personal Information and consent to the use, disclosure and transfer of your Personal
Information in accordance with the provisions of this Privacy Policy. You may always refuse or
withdraw your consent by contacting SOW PATH WELLNESS at jenn@sowpathwellness.com. You
understand that if you withdraw your consent, SOW PATH WELLNESS may not be able to
continue to offer its services and provide its information to you.
2. Children Under 18. The Site is not intended for children under eighteen (18) years of age. No one
under the age of 18 may provide any Personal Information to or on the Site. SOW PATH
WELLNESS does not knowingly collect Personal Information from children under 18. If you are
under 18, do not use or provide any information on the Site or through any of its features, register
on the Site, make any purchases through the Site, use any of the interactive or public comment
features of the Site, or provide any information about yourself to us, including your name, address,
telephone number, email address, or any screen name or user name you may use. If SOW PATH
WELLNESS learns we have collected or received Personal Information from a child under 18
without verification of parental consent, we will delete that information. If you believe SOW PATH
WELLNESS might have any information from or about a child under 18, please contact us at
jenn@sowpathwellness.com.
3. Revisions to this Privacy Policy. SOW PATH WELLNESS reserves the right, in SOW PATH
WELLNESS’ sole discretion, to change, modify, add or remove portions of this Privacy Policy at
any time and from time to time without prior notice to you. SOW PATH WELLNESS will treat your
continued use of the Site following such revision as your acceptance of the revised terms. All
revisions will be posted to the Site and will apply to any Personal Information collected on or after
the date posted. SOW PATH WELLNESS will obtain the necessary consents required under
applicable privacy laws if it seeks to collect, use or disclose your Personal Information for
purposes other than those to which consent has been obtained, unless otherwise required or
permitted by law.
4. What Personal Information does SOW PATH WELLNESS collect, and how is it processed?
    4.1 What do we collect? SOW PATH WELLNESS may directly collect your name, address,
          phone number, birthday, billing address and email address. There may be other
          information you provide, but that will not be collected by SOW PATH WELLNESS and                        instead will be collected by the third parties SOW PATH WELLNESS works with as
          outlined in 4.4.
   4.2 Email. We may send you a newsletter or other promotional materials through email. We
         will only contact you through our newsletter for promotional or informational purposes.
         Subscribing to our newsletters is optional and you will always be able to unsubscribe. This
         applies to any information you submit through our website or that you provide to us in any
         other manner.
  4.3 Phone Number. We may collect your phone number and we may contact you via phone
        to contact you or if we feel there is information that would be beneficial to share with you.
        In accordance with everything outlined in this Privacy Policy, if you do not want to be
        reached by phone, you can ask us not to contact you via phone or you can choose not to
        share your phone number.
  4.4 Third Parties. SOW PATH WELLNESS may work with third-party applications in order to
        provide you with the best services on the Site. These organizations may collect Personal
        Information from you in order to provide you with the services, including your name and
        contact information. Specifically, the third parties SOW PATH WELLNESS may work with
        on the Site are listed below. We’ve included links to their privacy policies to ensure you
        are comfortable using them.
            4.4.1 Facebook: https://www.facebook.com/privacy/policy,
            4.4.2 Instagram: https://privacycenter.instagram.com/policy,
            4.4.3 Zoom: https://zoom.us/privacy,
            4.4.4 Practice better: https://practicebetter.io/privacy/

             4.4.5 Wix: https://www.wix.com/about/privacy

5. How will SOW PATH WELLNESS use your Personal Information? Your Personal
Information will be used to provide you with promotional and informative materials and offers
and deliver the products and services you can purchase or subscribe to from the Site.
Specifically:
    5.1. Your credit card information will not be kept by SOW PATH WELLNESS but instead by
           one of the third parties listed in section 4.4 above;
    5.2. Your name and e-mail address are collected but will not actually be stored on the Site.
           Any information captured will be processed through third-party websites in section 4.4
           above;
    5.3. Your phone number may be used to contact you via phone if there is information we
           would like to share that we feel would benefit you;
    5.4. If you subscribe to our newsletter, your Personal Information will be used to send the
          newsletter to you;
    5.5. If we send you the Newsletter for marketing purposes, we will send you emails about
           promotions, special events and other information. You can opt not to receive these
           emails from us by either clicking “unsubscribe” at the bottom of the email when you
           receive it or by sending an email that includes your email address and a request that
           you not receive our promotional emails;
    5.6. We may use your Personal Information to respond when you submit a question or
           suggestion to us, or when you request assistance regarding a service or product you
           purchased.
    5.7. We may share your information if we believe in good faith that disclosure of your
           information is required to protect your safety or the safety of others, to investigate
           fraud, or to respond to a government, judicial or other legal request or to comply with
           the law
    5.8. We may also share certain aggregated, anonymized information with a third-party
           provider in order to assist us in improving the Site.
6. Storing Your Personal Information. SOW PATH WELLNESS’ web service may store your
Personal Information when you interact with the Site. SOW PATH WELLNESS will be happy to
delete any of your Personal Information that it holds upon a written request made by you.
Your Personal Information will be safely disposed of by SOW PATH WELLNESS.
7. Storing Your Phone Number. Your phone number will be kept in the phone or contacts database
of SOW PATH WELLNESS and associates. Wherever it is stored, it will always be protected with a
password and will never be shared with third parties without your permission.
8. We Play by The Rules. The Site and SOW PATH WELLNESS abide by all relevant United States
federal and State privacy laws in all aspects of our operations. This Privacy Policy is also
compliant with GDPR and CCPA regulations. If you have any questions about our legal
compliance, feel free to reach out to jenn@sowpathwellness.com.
9. Affiliate Relationships. Please assume that, for every recommendation or link we provide, the
following holds true: we have become aware of a product or service that we think may be of
interest to people who visit our website. After we do our own research and decide this item is of
value to ourselves, our community, or our clients, we choose to promote that item and are
compensated when our readers click on the link or purchase the product or service. (That
compensation comes from our affiliate, not you). Regardless of compensation, we only mention
products and services that we believe in and feel would be a benefit to you.
10. Do Not Track Signals. SOW PATH WELLNESS currently does not recognize or respond to
browser-initiated Do Not Track (DNT) signals, as the Internet industry is currently still working on
Do Not Track standards, and there is no accepted standard on how to respond to such signals.
11. Analytics. The Site keeps the following information from your visits to our webpage:
   11.1. Visitor information to improve our customer engagement which tells us where and when
            people visit the Site, how long they stay there; and
    11.2. IP information for website and server security.
12. Cookies. The Site uses ‘cookies’ to keep a record of the number of times you’ve visited the Site
and how you interacted with the Site during each visit. In addition to this, the Site also uses
cookies which are not absolutely essential for your use of the Site. Your continued use of the Site
serves as consent for these cookies.
    12.1. A cookie is a small text file that gets sent by the servers of the Site to your hard drive and
            can only be read and interpreted by the Site’s servers. No Personal Information is stored
            in the cookie and there is nothing on it that can identify you personally.
    12.2. Cookies have an important function in how you interact while visiting the Site, ensuring the
             usability of the Site’s different features, helping the Site understand your preferences, and
             thus can improve your experience on the Site. If you do not want cookies from the Site,
             simply adjust the settings in your web browser to disable cookies. This may change the
             way you access the Site and may also render some of the Site’s features unusable, but of
             course, it is your choice to do so.
13. Disclosure of Personal Information. SOW PATH WELLNESS will NEVER sell or license any
Personal Information we collect from you. SOW PATH WELLNESS is not liable for any disclosure
of your Personal Information by any third party, particularly the ones outlined in section 4.4 above.
By purchasing the services and products offered by SOW PATH WELLNESS, you agree to be
bound to and consent to the provisions of our third parties’ privacy policies. In the event that SOW
PATH WELLNESS changes its practices, you will be notified and you will be able to opt-out of
SOW PATH WELLNESS using your Personal Information by contacting us at
jenn@sowpathwellness.com.
14. Choice of Laws and Venue. This Privacy Policy and the use of the Site are governed by the laws
of the United States and the State of Maine. The parties agree to irrevocably submit all claims to
the exclusive jurisdiction of the courts of the State of Maine. If a dispute arises, we agree to first
resolve it through binding arbitration to take place in the State of Maine.
15. Your Consent. By choosing to provide SOW PATH WELLNESS with your Personal Information,
you are consenting to its collection, use and disclosure in accordance with the principles outlined
in this Privacy Policy. If you are under the age of 18, you must not provide any Personal
Information to us without the consent of your parent or guardian, or as otherwise provided
for by applicable law.
16. Protecting Your Privacy. SOW PATH WELLNESS is committed to protecting your privacy.
Security measures, such as using passwords on servers and computers, and locked cabinets
where Personal Information is stored have been adopted to protect your Personal Information
against loss or theft, unauthorized access, disclosure, copying, use or modification. Online
transactions are completed using third-party applications outlined in section 4.4 above. Please
refer to the third parties’ privacy policies, of which links have been provided above, for clarification
on how your transaction and Personal Information will be handled. SOW PATH WELLNESS
makes no promises, warranties or representations about the manner in which your Personal
Information is handled by third parties and bears no liability whatsoever for their use of them.
17. Verifying your Identity. SOW PATH WELLNESS will ask you to verify your identity when you
contact us or submit a request regarding your Personal Information. SOW PATH WELLNESS will
ask you to provide sufficient information that allows us to reasonably verify that you are the person
who we collected Personal Information about.
18. The Internet Can Be Unreliable. The internet is, by its nature, inherently open and subject to
interception of information. We cannot guarantee that the information you provide to SOW PATH
WELLNESS over the internet or otherwise will not be intercepted by third parties while it is being
communicated by means that are outside of SOW PATH WELLNESS’ control.
19. Verifying and Amending Your Personal Information. SOW PATH WELLNESS tries to ensure
that all Personal Information about you that is in our possession is accurate, complete and
up-to-date. Please contact us at jenn@sowpathwellness.com to advise us of any changes to your
Personal Information. You may request access to the Personal Information held by SOW PATH
WELLNESS at any time or seek to make corrections to it.
20. Resolving your concerns. If you have any questions or concerns about SOW PATH WELLNESS'
Personal Information collection, use and disclosure practices, please let us know at
jenn@sowpathwellness.com and we will do our best to help you.

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