TERMS AND CONDITIONS OF USE

Last Updated on June 2, 2026.

These are the official Terms and Conditions of Use for Dr. Gogol Health and Wellness, LLC located at 1620 S. Friendswood Drive, #101 Friendswood, TX 77546, herein known and referenced as “Company,” “Our,” “We,” and “Us.” In consideration of being permitted to participate in Dr. Gogol Health and Wellness, LLC’s individual coaching, group coaching, educational programs, digital courses, memberships, workshops, and related wellness services, whether offered now or in the future (the “Services”), and the value you will gain by participating in the Services, you hereby agree to these Terms of Purchase. These Terms of Purchase are entered into between you (hereinafter “you” or the “Client”) and Dr. Gogol Health and Wellness, LLC (hereinafter “Company”, “we” or “us”). You and the Company are collectively referred to herein as the “Parties”. By using and participating in the Services, you accept and agree to be bound and abide by these Terms.

Our email is [email protected].  “You” and “Your” refers to users of this Company’s website, communications, products, services  and related materials, herein known as “Offering” or “Services.”

NOTICE: These Terms and Conditions of Use are legally binding. It is Your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use, or access of any of Our products, including online courses. By using and participating in the Services, you accept and agree to be bound and abide by these Terms.

 GENERAL PROVISIONS

This website is owned and operated by Company.

You must be at least eighteen years of age to use Our website. Use of this website is at Your own risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety of Your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time. 

TERMS OF SITE & PURCHASER AGREEMENT

All Offerings are owned and provided by Company. These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering and Services. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the “date last updated” at the top of this page.

By checking the box or otherwise indicating agreement to these Terms and Conditions at checkout, creating an account, purchasing an Offering or Service, accessing the Offering or Services, participating in the Offering or Services, or using any related materials, You acknowledge that You have had an opportunity to review these Terms and Conditions and You expressly agree to be legally bound by them.

Your agreement to these Terms and Conditions includes, without limitation, agreement to all disclaimers, privacy terms, medical and wellness education disclaimers, psychological disclaimers, FDA disclaimers, refund policies, payment terms, payment plan obligations, cancellation terms, product-specific terms, intellectual property terms, confidentiality obligations, media release terms, photo release terms, screenshot consent terms, limitation of liability provisions, indemnification provisions, dispute resolution provisions, governing law provisions, and any other terms contained in or incorporated into these Terms and Conditions.

If You do not agree with any of these Terms and Conditions of Use, You should not purchase, access, or participate in the Offering or Services. You may contact Us at the contact details listed at the top of this agreement, and We will make reasonable efforts to remove Your name, email, and access to Our Offering and website(s), where applicable.

PRODUCT-SPECIFIC TERMS AND CHECKOUT PAGE INCORPORATION

The specific price, payment plan, payment schedule, access period, start date, live call schedule, included sessions, digital materials, bonuses, community access, refund terms, cancellation terms, and other product-specific details for each Service will be stated on the applicable checkout page, sales page, order form, invoice, program description, or written offer at the time of purchase.

Those product-specific terms are incorporated into these Terms by reference and form part of the agreement between You and Company.

If there is a conflict between these general Terms and the product-specific checkout page, sales page, order form, invoice, program description, or written offer, the product-specific terms shall control only as to the specific product details, price, payment schedule, access period, start date, included deliverables, refund terms, cancellation terms, and access terms for that particular Service.

PRIVACY POLICY AND DATA USE

Company respects Your privacy. By using Our website, checking the agreement box at checkout, purchasing an Offering or Service, joining an email list, accessing a course or program, participating in the Services, submitting forms, or using any related resources, You agree to Company’s Privacy Policy and to the collection, use, storage, processing, and disclosure of Your information as described in these Terms and in the Privacy Policy.

Company may collect personal information that You voluntarily provide, including but not limited to Your name, email address, phone number, mailing address, billing information, purchase information, account information, program registration information, questionnaire responses, communications with Company, testimonials, reviews, comments, submitted content, and any other information You choose to provide.

Company may also collect certain information automatically through cookies, pixels, analytics tools, website hosting platforms, email marketing platforms, checkout systems, payment processors, course platforms, customer service tools, or other technology used to operate the website, deliver the Services, process purchases, communicate with You, improve user experience, prevent fraud, comply with legal obligations, and conduct lawful marketing activities.

Company may use Your information to provide and administer the website, Offerings, Services, courses, programs, coaching, memberships, communities, digital materials, purchases, customer support, email communications, marketing communications, account notices, payment processing, fraud prevention, legal compliance, and other business purposes described in the Privacy Policy or disclosed at the time information is collected.

Company may share Your information with trusted third-party service providers and platforms as reasonably necessary to operate the business and deliver the Services. These may include, without limitation, email marketing platforms, checkout providers, payment processors, website hosts, course platforms, scheduling tools, customer relationship management systems, analytics providers, advertising platforms, store platforms, contractors, professional advisors, and other vendors that help Company operate its website, communications, purchases, programs, and Services.

Company does not sell Your sensitive personal information. Company does not sell personal information for monetary gain. Company may use cookies, pixels, analytics, or advertising tools in accordance with the Privacy Policy and applicable law.

Because the Services are educational, coaching, and wellness-support services only and do not constitute medical care, diagnosis, treatment, therapy, or individualized clinical advice, You should not submit protected health information, sensitive medical information, or highly confidential personal information through Flodesk, email, public forums, comments, community spaces, social media, Zoom chat, or other non-secure channels unless specifically requested by Company through an appropriate platform. Any information You voluntarily share in group programs, communities, live sessions, chats, comments, or shared forums may be visible to Company, Company team members, service providers, or other participants depending on the setting.

If You opt in to receive emails, newsletters, program updates, blog posts, store offers, educational content, or other communications from Company, You may unsubscribe from marketing emails by using the unsubscribe link included in the email or by contacting Company. Transactional, purchase-related, account-related, legal, or service-related communications may still be sent as necessary.

EMAIL MARKETING AND MAILING ADDRESS

Company may send marketing emails, newsletters, educational content, program updates, blog posts, store offers, promotional messages, and other commercial communications to users who opt in or otherwise consent to receive such communications, or where otherwise permitted by law.

Marketing emails will include a way to unsubscribe or opt out of future marketing communications. Company will include a valid physical postal address in commercial email communications as required by applicable law. This address may be Company’s current street address, a United States Postal Service post office box, or a private mailbox registered with a commercial mail receiving agency established under Postal Service regulations.

Transactional, purchase-related, account-related, legal, or service-related communications may still be sent as necessary, even if You unsubscribe from marketing emails.

Company takes reasonable measures to protect personal information, but no website, email system, checkout platform, payment processor, course platform, or internet transmission is completely secure. You understand that You submit information at Your own risk.

Depending on Your state, country, or place of residence, You may have certain privacy rights, which may include the right to request access to, correction of, deletion of, or portability of Your personal information, or the right to opt out of certain processing activities. To exercise privacy rights or ask questions about Company’s privacy practices, contact Company at the contact information listed in these Terms or in the Privacy Policy.

Company’s full Privacy Policy is incorporated into these Terms by reference. If there is a conflict between this Privacy Policy and Data Use section and the full Privacy Policy, the full Privacy Policy will control unless otherwise required by law.

YOUR PRODUCT OR COURSE USE AND CONSENT

When You purchase, access, or participate in Our Offering or Services, You acknowledge that You were provided reasonable notice of these Terms and Conditions of Use. By checking the required agreement box at checkout, moving forward with Your purchase, accessing the Offering, or participating in the Services, You expressly agree to abide by these Terms and Conditions of Use, as well as any disclaimers, privacy disclosures, refund terms, payment terms, and product-specific terms incorporated into these Terms.

You agree that You are at least 18 years old or the age of majority in Your applicable jurisdiction to access the Offering or Services. Access to Our Offering, Services, and related materials by a minor is a violation of these Terms, and We reserve the right to terminate access if such an issue is discovered.

INTELLECTUAL PROPERTY NOTICE

All images, text, designs, graphics, trademarks, and service marks are owned by and property of Company, or the properly attributed party. It is a violation of applicable law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.

You may NOT use Our intellectual property in any way, which includes republishing any text, image, design, or other property on another website, or posting a quote or image from Our site to any third-party website including social media. We have spent a great deal of time and money building the intellectual property located on this site and in order to maintain the integrity of it, We cannot allow any third party use.

YOUR MATERIALS AND CONTRIBUTIONS

By submitting a comment, question, message, photo, video, testimonial, review, Zoom chat, community post, worksheet response, or other material on any website, course platform, community platform, live session, group forum, social media page, customer service portal, or other platform owned, operated, or used by Company in connection with the Services, You understand that certain submissions may be visible to Company, Company team members, service providers, or other participants depending on the setting in which the submission is made.

Company respects Your privacy and handles personal information according to its Privacy Policy. However, participation in group programs, online communities, live sessions, comments, chats, shared forums, or group coaching settings may be visible to other participants. You are responsible for choosing what personal information You share in those settings.

You agree not to share, copy, screenshot, record, publish, disclose, or distribute any private, personal, confidential, health-related, financial, or identifying information shared by another participant in connection with the Services.

You retain ownership of content You submit. By voluntarily submitting content in connection with the Services, You grant Company a limited, non-exclusive, royalty-free license to use, reproduce, display, store, review, or share such content as reasonably necessary to operate, deliver, improve, document, or administer the Services, unless otherwise restricted by law or written agreement.

PRODUCT REVIEWS

We may ask You to leave a rating and/or review of Your purchase. If You choose to write a review, You must comply with the following guidelines:

• You have used and/or accessed the product(s), Offerings, or Services sufficiently to speak with reasonable knowledge as to its effectiveness, value, aesthetics or utility; and
• You do not use any offensive language, such as profanity, hateful, abusive, discriminatory, or otherwise inappropriate language; and
• Your submission does not discriminate on the basis of race, gender, sex, religion, nationality, age, disability, or any other legally protected category; and
• You do not make false, misleading, exaggerated, unlawful, medical, psychological, disease-related, or guaranteed-result claims; and
• You disclose any material connection, compensation, discount, affiliate relationship, bonus, free product, incentive, personal relationship, business relationship, or other benefit connected to Your review, testimonial, endorsement, comment, case study, or promotional statement; and
• You are not affiliated with or working for any site or company we deem a competitor, at our sole discretion; and
• You do not submit content for the purpose of harassing, disparaging, defaming, manipulating ratings, creating false impressions, or unfairly competing with Company; and
• You do not organize a campaign encouraging others to leave reviews, whether good or bad, unless otherwise authorized to do so.

We reserve the right to accept, reject, remove, or edit Your review at Our sole discretion. Reviews are not Our opinions or beliefs, and We do not assume liability for any review or for any claim, issue, liability, or loss resulting from any posted review.

Testimonials, reviews, comments, case studies, examples, screenshots, or participant statements may be edited for length, grammar, formatting, or clarity. They will not be used to imply guaranteed, typical, medical, psychological, financial, or other specific outcomes. Any testimonials, reviews, comments, case studies, examples, screenshots, or participant statements used by Company may include appropriate disclaimers.

Any material connection, compensation, discount, affiliate relationship, bonus, free product, incentive, personal relationship, business relationship, or other benefit provided in exchange for or connected to a testimonial, review, endorsement, comment, case study, or promotional statement will be disclosed where required by law.

By posting or submitting a review, testimonial, comment, case study, endorsement, or other statement, You grant Company a non-exclusive, worldwide, royalty-free license to reproduce, display, edit for length or clarity, transmit, publish, and distribute the content in connection with Company’s business, educational, marketing, promotional, or program-related purposes, unless otherwise prohibited by law or written agreement.

MEDIA RELEASE, PHOTO RELEASE, AND SCREENSHOT CONSENT

By purchasing, accessing, or participating in the Services, You understand and agree that Company may photograph, record, screenshot, or otherwise capture portions of live sessions, group calls, workshops, webinars, community events, online forums, testimonials, reviews, submitted content, or related program activities.

You grant Dr. Gogol Health and Wellness, LLC permission to use Your name, image, likeness, voice, photograph, video image, Zoom screen appearance, screenshot, testimonial, review, written comment, or submitted content for business, educational, archival, social media, website, email, promotional, marketing, training, or program-related purposes.

You understand that participation in photos, screenshots, recordings, testimonials, or promotional content is optional. If You do not want to be visible or identifiable in a photo, screenshot, recording, or public-facing material, You are responsible for turning off Your camera, changing Your display name, refraining from submitting identifiable content, or notifying Company in writing before or during the applicable session or program activity.

Company will make reasonable efforts to honor written requests not to use Your identifiable image, likeness, voice, or submitted content in future public-facing promotional materials. However, You understand that previously published materials may not be fully removable from third-party platforms, social media, emails, archives, or materials already distributed.

You understand that no compensation will be provided for Company’s use of any permitted photo, screenshot, recording, testimonial, review, comment, image, likeness, voice, or submitted content. You waive any right to inspect or approve the final use of such materials, unless otherwise required by law. Company’s use of any photo, screenshot, recording, testimonial, review, comment, image, likeness, voice, or submitted content does not imply that You received medical care, diagnosis, treatment, therapy, or guaranteed results from Company.

INTELLECTUAL PROPERTY

INTELLECTUAL PROPERTY RIGHTS

All content, materials and features displayed or provided in connection with the Services, including but not limited to information, software, images, text, designs, graphics, video, audio, written materials, presentations and the arrangement thereof, are owned by the Company, its licensors or other providers of such material, and are protected by copyright, patent, trademark, trade secret and other intellectual property or proprietary rights laws.  The Company name, trademarks, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its licensors. You may not use such trademarks or other intellectual property belonging to the Company without the prior written consent of the Company.

NO REPRODUCTION

You may not reproduce, distribute, modify, create derivative works of, republish, transmit, sell, resell, or exploit any of the material displayed or provided in connection with the Services.

LIMITED LICENSE

Any and all materials, paid or free, that You access on this or any related domains that contain Our Offering are under the sole ownership or licensed use of Company.

To be clear, We own Our page layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines, and trademarks (common law or federally registered). You are not allowed to reproduce any part of Our website(s), program(s), product(s), service materials, or related communications.

You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the Offering You have paid for or opted to receive. If You exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, You have committed infringement in a manner that materially harms Us, and We have the right to seek damages and/or an injunction to remedy the situation until We are made whole.

You may:

• Access the Offering for Your personal use (if additional members of Your team need to access the Offering, You must purchase additional Offerings at one per each team member).
• Download and/or print any Offering materials for Your personal use in Your business (if additional members of Your team need to download and/or print any materials from the Offering, You must purchase additional Offerings at one per each team member).
• Use Our trademarks and copyrighted materials with Our consent and proper credit and marking, namely, using © with our Company name as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™.

You may not:

• Re-sell or trade Your access to the Offering.
• Share the Offering with anyone else who has not yet purchased it or opted in to receive it.
• Reprint or republish any of the Offering, in part or in whole.
• Distribute any of the materials contained in the Offering or related materials and/or communications as Your own, otherwise known as stealing.
• Reproduce and tweak any part or whole of the Offering for distribution as Your own work.
• Claim ownership or use over any of Our intellectual property without Our prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos, and more; trademarks such as names, logos, taglines, or other unique source identifiers; or trade dress including the look and feel of the Offering (and its related communications and materials).
• Use Our Offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).

REQUEST FOR PERMISSION TO USE CONTENT

If You wish to use, publish, or access any of Our content, Offering(s), or related materials, You must do so by requesting permission prior to commencing use of the same by emailing Us.

CIVIL AND CRIMINAL PENALTIES

Even though Our Offering is not necessarily something You can physically hold in Your hand and walk away with, it is nevertheless considered theft to steal, infringe, or otherwise violate these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in Our location by opting into or purchasing any Offering or accessing its related communications and/or materials.

DELIVERABLES

The Services may include individual coaching sessions, group coaching sessions, educational programs, digital courses, workshops, memberships, community access, downloadable materials, or other wellness-related resources, depending on the specific Service purchased by Client.

The exact number of sessions, frequency of sessions, session length, format, access period, and included deliverables shall be as described on the applicable checkout page, sales page, order form, program description, or written offer at the time of purchase. Coaching sessions, when included, are generally conducted virtually via Zoom or another video conferencing platform selected by Company.

For group coaching programs, unless expressly stated otherwise in the applicable program description or order form, the Services do not include any one-on-one calls, individualized coaching sessions, individualized medical advice, diagnosis, treatment, or personalized clinical care from Company.

CLIENT RESPONSIBILITY 

As part of your participation in the Services, you are expected to complete the requisite work assigned throughout the program. There is no guarantee for success as Client is responsible for completing work and following the Company’s recommendations.  

TERM 

The term of Client’s access to and participation in the Services shall begin on the date of registration or purchase and shall continue for the period stated on the applicable checkout page, sales page, order form, invoice, program description, or written offer at the time of purchase.

If no specific access period is stated at the time of purchase, Client’s access to the purchased Services, including any unused coaching sessions, shall expire twelve (12) months from the date of purchase, unless otherwise agreed to in writing by Company. Any extension, renewal, or modification of the applicable term must be approved in writing by Company.

SECURITY AND ASSUMPTION OF RISK

SECURITY

It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. To the best of Our abilities, We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe, PayPal, or other third-party payment processors, as selected by You at checkout. By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.

CONFIDENTIALITY

The Services are educational, coaching, and wellness-support services only and do not create a physician-patient relationship, therapist-client relationship, provider-patient relationship, fiduciary relationship, or other licensed healthcare, mental health, or professional treatment relationship. Company’s privacy and confidentiality obligations are limited to those expressly stated in these Terms, the Privacy Policy, and applicable law.

Client acknowledges that the Services may include group programs, online communities, live sessions, chats, forums, Zoom meetings, course platforms, customer service communications, social media interactions, or other shared or third-party settings. Information shared by Client in any group, public, interactive, or third-party setting may be visible to Company, Company team members, service providers, platform providers, and other participants. Client is solely responsible for choosing what personal, sensitive, health-related, financial, spiritual, or identifying information Client shares in those settings.

Client agrees not to disclose, copy, screenshot, record, publish, distribute, or use any private, personal, confidential, health-related, financial, identifying, proprietary, or sensitive information shared by Company or by any other participant in connection with the Services, except as expressly authorized in writing by Company or as required by law.

Company may use third-party platforms and service providers to operate, deliver, record, store, process, or administer the Services. Company will handle personal information according to its Privacy Policy, but Company does not guarantee confidentiality for information Client voluntarily shares in group settings, public forums, community spaces, chats, comments, social media, email, Zoom chat, or other non-secure or shared communication channels.

GROUP COACHING CONFIDENTIALITY 

As the Services include elements of interaction with other clients of Company, including but not limited to participation in group coaching, Client may be privy to Confidential Information belonging to other individuals participating in the Services. Client agrees to refrain from disclosing, sharing, or using such Confidential Information. If coaching sessions, group calls, workshops, webinars, or other Services are recorded, Client agrees not to copy, download, share, publish, distribute, or use such recordings except as expressly authorized by Company in writing. Company may use recordings as permitted by these Terms, the Privacy Policy, the Media Release, and applicable law.

CLIENT CONFIDENTIALITY

During the course of the Company’s performance of Services, you may receive, have access to and create documents, records and information of a confidential and proprietary nature to the Company. This confidential information may include but is not limited to Company work product, coaching materials, company and member financial information, marketing plans and strategies, market research, client and other mailing lists, business transactions, supplier or vendor relationships, contract terms, present and future projects and products, and pricing and cost information, and other information that is not generally known to the public (“Confidential Information”). You acknowledge and agree that such Confidential Information is an asset of the Company, is not generally known to the trade, is of a confidential nature and, to preserve the goodwill of the Company and must be kept strictly confidential and used only in connection with Client’s participation in the Services or as otherwise authorized by Company in writing. You agree that you will not use, disclose, communicate, copy or permit the use or disclosure of any such information to any third party in any manner whatsoever except as otherwise directed by Company in the course of your performance under this Agreement, and thereafter only with the written permission of Company. You shall notify the Company immediately in the event you become aware of any loss or disclosure of any Confidential Information. Upon termination of this Agreement or upon the request of Company, you will return to Company all of the Confidential Information, and all copies or reproductions thereof, which are in your possession or control. You also acknowledge your continuing obligation to raise any confidentiality questions or concerns with the Company in a timely manner.

ASSUMPTION OF RISK

By accessing Our Offering and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information, or educational materials provided to You.

COMMUNICATIONS WITH COMPANY

Communications submitted to Company through the website, email, contact forms, customer service portals, blog comments, newsletter signups, social media, course platforms, community spaces, Zoom chat, or other communication channels are not medical, psychological, legal, financial, or privileged communications and do not create a physician-patient relationship, therapist-client relationship, attorney-client relationship, fiduciary relationship, or other professional treatment or advisory relationship.

Company may review, store, use, and respond to communications as reasonably necessary to operate the website, administer the Services, provide customer support, process purchases, enforce these Terms, comply with legal obligations, protect Company’s rights, and conduct ordinary business operations, subject to the Privacy Policy and applicable law.

Client agrees not to submit communications or content that are unlawful, false, misleading, defamatory, abusive, obscene, harassing, threatening, invasive of privacy, infringing, or otherwise harmful or inappropriate.

DISCLAIMERS

Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While We may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.

This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let Us know, please email Us.

EARNINGS DISCLAIMER

You agree that You understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches Our Offering(s) with different backgrounds, disposable income levels, motivation, and other factors that are outside of Our control. Therefore, We cannot guarantee Your success merely upon access or purchase of Our Offering(s) or related material(s).

GENERAL DISCLAIMER

To the fullest extent permitted by law, Company expressly excludes liability for any direct, indirect, incidental, consequential, special, exemplary, or other loss or damage incurred by You or others in connection with the Offering(s), Services, website, related materials, or related communications, including without limitation any accidents, delays, injuries, harm, loss, damage, death, personal or business interruptions, misapplication of information, physical, mental, emotional, spiritual, financial, professional, or other injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, or any other loss or damage of any kind, whether caused by negligence, breach of contract, reliance on information, or otherwise, even if foreseeable.

Although Dr. Lynette Gogol is a licensed physician and Company may reference medical, health, wellness, lifestyle medicine, neuroscience, nutrition, sleep, movement, stress reduction, mind-body, or related educational topics, Company is not providing medical, psychological, legal, financial, or other licensed professional services through the Offering(s) or Services. You expressly understand and agree that Company, Dr. Lynette Gogol, and any person associated with Company are not acting in a medical, psychological, legal, financial, fiduciary, or other licensed professional capacity in connection with the Offering(s) or Services.

The Offering(s), Services, website, and related materials are provided for educational, informational, coaching, and wellness-support purposes only. Nothing provided through the Offering(s), Services, website, or related materials should be construed as medical advice, mental health advice, psychological advice, legal advice, financial advice, diagnosis, treatment, therapy, prescribing, or individualized clinical care.

MEDICAL AND PSYCHOLOGICAL DISCLAIMER

The information, materials, programs, coaching, recommendations, content, and other resources provided in connection with the Company’s Services are for informational, educational, and wellness-support purposes only. The Services do not constitute medical advice, mental health advice, psychological advice, diagnosis, therapy, counseling, prescribing, treatment, or individualized clinical care.

Client understands and agrees that the Services are provided solely in an educational, coaching, and wellness-support capacity. Although Dr. Lynette Gogol is a licensed physician, Client’s participation in the Services does not create a physician-patient relationship, therapist-client relationship, provider-patient relationship, or any other licensed healthcare, mental health, or professional treatment relationship with Dr. Lynette Gogol, Dr. Gogol Health and Wellness, LLC, or any person associated with the Company.

The use of the title “Dr.” and any reference to Dr. Lynette Gogol’s medical credentials are for identification, education, and professional background purposes only and do not indicate that medical services are being provided through the Services.

The Services are not a substitute for professional medical care, mental health care, diagnosis, treatment, therapy, or advice from Client’s own qualified healthcare professionals. Client should not disregard, delay, or avoid seeking medical or mental health advice because of any information received through the Services.

Client should consult with Client’s own physician or other appropriate licensed healthcare provider before starting any new health, nutrition, supplement, exercise, movement, sleep, stress reduction, meditation, breathwork, spiritual, faith-based, energetic, mind-body, or wellness practice, and before making changes to medications, treatment plans, or other healthcare routines. This is especially important if Client is pregnant, breastfeeding, trying to conceive, has a medical condition, mental health condition, takes prescription or over-the-counter medications or supplements, or is under the care of a healthcare professional.

The Company does not diagnose, treat, prevent, or cure any medical condition, mental health condition, disease, or disorder through the Services. If Client has or suspects a medical or mental health condition, Client should seek care from a qualified healthcare professional. If Client is experiencing a medical emergency or mental health crisis, Client should call 911 or seek emergency medical care immediately.

Use of the website, portal, courses, blogs, coaching consults, offers, customer service portal, or other Services does not establish a patient-physician relationship. Any information, including opinions and recommendations, provided through those channels is intended for informational and educational purposes only and is not a substitute for advice from an appropriately qualified and licensed physician, mental health professional, or other healthcare practitioner.

FDA DISCLAIMER

Statements made within this website have not been evaluated by the Food and Drug Administration. The products sold on this website are not intended to diagnose, treat, cure, or prevent any disease.

RESULTS DISCLAIMER

While we may reference certain results, outcomes or situations in connection with the Services, you understand and acknowledge that we make no guarantee as to the accuracy of third-party statements made or the likelihood of success for you as a result of these statements. You understand that individual results and outcomes will vary. We cannot guarantee your success merely by your participation in the Services or your access, purchase or completion of any material provided relating to the Services. Any results provided in connection with the Services are not guaranteed or typical.  

WARNING

As with any dietary supplement or program, please consult your healthcare practitioner before using our products, especially if you are pregnant, nursing, anticipate surgery, take medication on a regular basis (especially blood thinner medication), or are otherwise under medical supervision.

THIRD-PARTY DISCLAIMER

You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You.

WARRANTIES DISCLAIMER

WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

TECHNOLOGY DISCLAIMER

We make reasonable efforts to provide You with modern, reliable technology, software, and platforms from which to access Our Offering(s) and related material(s). However, in the event of a technological failure, You accept and acknowledge Our lack of responsibility for said failure, and while We will make reasonable efforts to support You, some technological issues are far outside Our control and will require You to access support from a third-party provider. To be clear, you hold Us and Flodesk, Inc. harmless from any claims arising out of any technological failure except in the unforeseen case of gross negligence, as determined by industry standards.

ERRORS AND OMISSIONS

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in Our Offering(s). We are not liable for any inaccuracies, errors, or reliance on personal opinions contained in Our Offering(s) or related material(s).

INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS

INDEMNIFICATION

You agree at all times to indemnify and hold harmless Our Company, as well as any of Our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to Our Offering(s) or Services.

LIMITATION OF LIABILITY

We will not be held responsible or liable in any way for the information, products, or materials that You request or receive through or in relation to Our Offering(s). We do not assume liability for any third party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of Your access of Our Offering(s) and related material(s). You understand and agree that, to the maximum extent permitted by applicable law, the Company will not be liable for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Services, including without limitation any liability for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of contracts; damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the Parties, whether caused by negligence, breach of contract or otherwise. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. 

LIMITATION ON TIME TO FILE CLAIMS

Any cause of action or claim you may have arising out of or relating to these Terms of Purchase or the Services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

WAIVER

 The failure by us to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.

TERMINATION

If at any time We feel You have violated these Terms and Conditions, then We shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within Our sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).

FINANCIAL CONSIDERATIONS

PURCHASES AND PAYMENT

You authorize Us to charge your chosen payment provider for the total amount stated on Your checkout cart screen. You agree to abide by the terms and conditions of Your card issuer agreement and any other applicable third party agreement that may affect Your purchase with Us. You agree to provide current, accurate and complete details as requested to process your payment. If necessary, You agree to update your payment information in a timely manner so We can complete any outstanding orders and/or contact You as needed.

We reserve the right to change our prices for new purchases at any time.

You agree to pay any applicable shipping and/or handling fees as stated on your checkout cart screen.

RECURRING BILLING, MEMBERSHIPS, SUBSCRIPTIONS, AND PAYMENT PLANS

If You purchase or sign up for an Offering or Service that includes recurring billing, membership access, subscription access, an installment plan, or a payment plan, You authorize Company and/or its third-party payment processor to charge Your selected payment method according to the price, billing frequency, payment schedule, renewal terms, minimum commitment, and cancellation terms disclosed on the applicable checkout page, sales page, order form, invoice, program description, or written offer at the time of purchase.

For recurring memberships or subscriptions, Your payment method may be charged automatically on a recurring basis until You cancel according to the cancellation instructions provided at the time of purchase or in these Terms. Cancellation of a recurring membership or subscription stops future renewal charges, unless otherwise stated in the applicable checkout page, sales page, order form, invoice, program description, or written offer. Cancellation does not automatically entitle You to a refund for amounts already paid.

For payment plans or installment payments, You understand and agree that a payment plan is not a subscription or month-to-month membership unless expressly stated otherwise in writing. By selecting a payment plan, You agree to pay the full purchase price in installments according to the payment schedule disclosed at checkout or in the applicable written offer. Cancellation of participation, non-use of the Services, failure to access materials, or discontinuing participation does not cancel remaining payment obligations unless otherwise stated in writing by Company.

You are responsible for keeping Your payment method current and accurate. If a scheduled payment fails, Company may suspend or terminate access to the Offering or Services until the outstanding balance is paid. Company may retry failed payments as permitted by law and by the applicable third-party payment processor.

To cancel a recurring membership or subscription, You must contact Company at the email address listed in these Terms or follow the cancellation instructions provided for the applicable Offering or Service. Cancellation requests are effective only after they are received and processed by Company. Unless otherwise stated in the applicable checkout page, sales page, order form, invoice, program description, or written offer, cancellation will apply to future recurring charges only and will not cancel amounts already owed under a payment plan, installment agreement, or minimum commitment.

ERRORS OR MISTAKES IN PRICING

We reserve the right to correct any errors or mistakes in pricing, even if We have already received payment. Any such changes will be conveyed in writing via email to notify You of Our correction and to allow You to take the most appropriate action in the event of such a correction or mistake.

REFUNDS AND RETURN POLICY

Due to the digital, educational, coaching, wellness-support, and/or immediately accessible nature of the Services, all sales are final unless a different refund policy is expressly stated in writing on the applicable checkout page, sales page, order form, invoice, program description, or written offer.

No refunds, credits, transfers, or price adjustments will be provided for failure to attend sessions, failure to access materials, failure to complete the Services, non-use, scheduling conflicts, dissatisfaction with results, or changes in Client’s personal circumstances, unless otherwise stated in writing by Company.

If Client selected a payment plan or installment option, Client remains responsible for all scheduled payments and outstanding balances, even if Client does not complete or continue participating in the Services, unless otherwise stated in writing by Company.

PROMOTIONAL PRICING DEVICES AND PRICE ADJUSTMENTS

We are not able to accommodate a price adjustment after Your purchase.

LATE FEES

If Company does not receive payment from You within fourteen (14) calendar days of any payment due date, Company may charge a late fee of 1.5% of the outstanding amount per month, or the maximum rate permitted by applicable law, whichever is less. Company reserves the right to suspend or terminate Client’s access to the Services until all outstanding amounts are paid.

CHARGEBACKS

You agree to contact Company first and make a good-faith effort to resolve any billing, refund, access, or payment issue before initiating a chargeback or payment dispute with Your financial institution.

You remain responsible for all amounts due under these Terms in the event You dispute a payment with Your financial institution. In the event of a chargeback or payment dispute, Company reserves the right to suspend or terminate Your access to the Offering, Services, bonuses, materials, community access, or related resources.

Company reserves the right to present proof of Your purchase, access, use of the Services, payment authorization, and agreement to these Terms and Conditions to the financial institution, payment processor, or other party investigating the dispute.

REVOCATION OF ACCESS

You may stop using or accessing any Offering or Service at any time by contacting Company at the email address listed in these Terms. Stopping use, discontinuing participation, or requesting termination of access does not automatically entitle You to a refund and does not cancel any outstanding payment obligations, payment plan obligations, installment payments, minimum commitments, or other amounts owed under these Terms or the applicable checkout page, sales page, order form, invoice, program description, or written offer.

Company may suspend, revoke, or terminate Your access to any Offering, Service, community, platform, materials, bonuses, or related resources if You fail to make required payments, violate these Terms, misuse the Services, share protected materials, infringe Company’s intellectual property, engage in disruptive or unlawful conduct, or otherwise act in a manner Company determines may harm Company, other participants, or the integrity of the Services.

Upon termination or revocation of access, any outstanding balances remain due and payable. Company reserves the right to pursue collection of unpaid amounts, including reasonable collection costs, attorney’s fees, and court costs, as permitted by applicable law.

FORCE MAJEURE

If either Party hereto is unable to perform any of its obligations, with the exception of payment, by reason of fire or other casualty, strike, act or order of public authority, global pandemic, administrative order by governmental authority, act of God, or other cause beyond the control of such Party (hereinafter, a “Force Majeure Event”), then such Party shall be excused from such performance during the pendency of such cause. COVID-19 and any related governmental orders or shutdowns are known phenomena and not Force Majeure events. The Party suffering a Force Majeure Event shall give written notice within five (5) days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized.

CURRENCY

All payments will be processed in the local currency, or if not specified at checkout, in US Dollars.

TAXES

Sales taxes will be applied to your order as required by law in either Your or Our local area(s).

ORDER REVERSAL OR CANCELLATION

We reserve the right to refuse to fulfill any order placed on Our website, in part or in full, and will issue a refund accordingly. We reserve the right to limit or cancel quantities purchased by any given user or household at our sole discretion. We may restrict order quantities based on personal data provided by You, such as orders placed under the same customer account, orders placed on the same payment method, and/or orders that use the same billing and/or shipping address.

NO RESELLING OR DISTRIBUTION OF OUR OFFERING

We expressly prohibit orders that, in Our sole discretion, appear to be placed in an attempt to resell Our Offering. We expressly prohibit orders placed by resellers, dealers, distributors or wholesalers and will ban Your access to Our site in any lawful way possible if we discover your prohibited use(s).

FALSE, MISLEADING, DEFAMATORY,  OR UNLAWFUL STATEMENTS

Nothing in these Terms is intended to restrict Client’s right to provide honest reviews or truthful opinions about Company’s products, Offerings, or Services.

Client agrees not to make or publish statements about Company, its Offerings, Services, owners, employees, contractors, participants, or related materials that Client knows to be false, misleading, defamatory, libelous, slanderous, harassing, unlawful, abusive, threatening, or that unlawfully disclose confidential, private, personal, health-related, financial, or proprietary information.

Company reserves the right to remove Client from the Services or pursue legal remedies if Client’s statements or conduct materially harm Company, other participants, or the integrity of the Services in a way that is false, misleading, defamatory, unlawful, or otherwise prohibited by these Terms.

ENTIRE AGREEMENT

These Terms and Conditions, together with the Privacy Policy and any product-specific checkout page, sales page, order form, invoice, program description, written offer, disclaimer, or policy incorporated by reference, constitute the entire agreement between You and Company regarding Your purchase, access to, participation in, or use of the website, Offering, Services, materials, products, programs, courses, coaching, memberships, communities, and related resources.

These Terms supersede any prior or contemporaneous understandings, representations, communications, or agreements, whether written or oral, relating to the subject matter of these Terms, except as otherwise expressly stated in writing by Company.

LAWS AND JURISDICTION

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any choice or conflict of law provision or rule.

MEDIATION

In the event a dispute shall arise between the Parties that is related to or arises out of these Terms, the Parties agree to attempt to resolve the dispute through mediation. The mediation will take place in Galveston County, Texas or remotely via Zoom. The Parties agree to cooperate with one another in selecting a mediation service, and shall cooperate with the mediation service and with one another in selecting a neutral mediator and in scheduling the mediation proceedings. The parties will agree to use commercially reasonable efforts to begin the mediation within 15 business days of the selection of the mediator and to conclude the mediation within 30 days of the start of the mediation. The costs of the mediation will be equally split between the Parties. If the Parties fail to agree at the completion of the mediation, the requesting party may commence legal proceedings to resolve the dispute.

JURISDICTION AND VENUE

If the Parties cannot resolve any dispute for any reason, including, but not limited to, the failure of either party to agree to enter into mediation or agree to any settlement proposed by the mediator, either party may file suit in a court of competent jurisdiction in the state or federal courts of Galveston County, Texas and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. 

CONSENT

By using Our website, checking the agreement box at checkout, purchasing an Offering or Service, accessing materials, participating in the Services, or using any related resources, You consent to these Terms and Conditions of Use, the Privacy Policy, and any product-specific terms incorporated by reference.

If You require more information or have questions about these Terms and Conditions of Use or Our Privacy Policy, please contact Us by email at the contact information listed in these Terms.

ALL RIGHTS RESERVED

All rights not expressly granted in these Terms and Conditions of Use, the Privacy Policy, or any express written agreement are reserved by Company.

SEVERABILITY

If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

BUSINESS HOURS 

Company may be closed on holidays and for vacation(s), which may affect Company’s business operating hours. Company’s closures for vacation are within the Company’s sole authority and discretion. 

NOTICES

All notices, claims, and demands made to Company under this Agreement must be in writing and addressed to Company at the email address set forth below. A notice by a Party is effective only if the Party giving the Notice has complied with the requirements of this Section. 

Notice to Company:                                    

Dr. Gogol Health and Wellness, LLC

Attention: Dr. Lynette Gogol

[email protected] 

Notices to Client may be sent to the email address, billing address, account portal, or other contact information provided by Client at checkout, registration, or purchase.