TERMS OF SERVICE: THE PERIMENOPAUSE 5 DAY THRIVE CHALLENGE

Please read the Terms of Use for the Challenge carefully and in their entirety before joining and participating in the THRIVE Challenge (hereinafter referred to as the “Challenge.” The Challenge and its contents are owned by WellBeing & Worth.

1. Definitions:

“Company”, “We”, “I”, “Our”, or “Us” means Andrea Gewirtz and WellBeing & Worth.

“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Challenge.

“You” “User” or “Your” means the purchaser and person using the Challenge.

2. Consent:

By participating in the Challenge, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms of Use.

3. Medical Disclaimer:

By participating in the Challenge, you understand that Andrea Gewirtz is a Certified Nutrition Counselor, CFNC. We are not medical doctors, psychologists/psychiatrists, or other licensed medical professionals. You are expected to discuss any changes to your health, diet, or exercise regimen with your physician or another medical professional first before trying them.

This Challenge is for informational and educational purposes only. The information and education provided in this Challenge is not intended or implied to supplement or replace professional medical treatment, advice, and/or diagnosis.

Although we do our best to make sure all the Challenge’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Challenge’s information, or its safety or efficacy as it applies to you. You should review any, and all, changes to your diet, lifestyle, exercise regimen, or supplement routine with your medical professional.

4. Assumption of the Risk:

YOU MUST ENSURE YOU ARE PHYSICALLY CLEARED BY YOUR PHYSICIAN TO PARTICIPATE IN THE CHALLENGE BEFORE PARTICIPATING. If you have any injuries or limitations, please have them cleared by your physician before attempting to participate in the Challenge.

By participating in the Challenge, you are assuming the risk of participating in it and agree to only participate if medically cleared to do so. We are not responsible or liable for your participation in the Challenge.

5. Intellectual Property Ownership:

The Challenge and its contents, including, but not limited to, any pdfs, challenge program guides, recipe guides, Live Coaching replays and the dedicated Membership Portal are intellectual property owned by Andrea Gewirtz and Wellbeing & Worth. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

6. No Sharing:

You cannot distribute, copy, forward, and/or share the Challenge or its content with anyone else. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.

You may not share your password or login information with anyone. If you share your password or login with anyone who did not willing sign up for the Challenge, you will be removed from the Challenge immediately and no refund will be issued.

7. No Claims Made Regarding Results:

Any, and all, current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and their circumstances are unique, and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.

9. Your Release of Us, Indemnification, Hold Harmless:

We do not offer any representations, guarantees, or warranties, of any variety, regarding the Challenge in any way. The Challenge is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Challenge and any of its offered materials and/or collaterals.

To the fullest extent permitted by law, WellBeing & Worth expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Challenge, its materials, our website, or any other information obtained by you from us. By enrolling in the Challenge, you hereby agree to this limitation of liability and release WellBeing & Worth from any and all claims.

By participating in and/or purchasing the Challenge, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless WellBeing & Worth our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Challenge and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.

By enrolling in the Challenge, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless WellBeing & Worth as stated in this section herein.

10. Our Refund Policy:

We will do everything within our ability (and within reason) to ensure your satisfaction. Due to the downloadable nature of the Challenge, refunds will not be issued for the Challenge once it is purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Customer Support at hello@wellbeingandworth.com.

11. ARBITRATION CLAUSE:

If you have any complaint or should any issue arise in the use of the Challenge, please contact us directly first by emailing Customer Support at

hello@wellbeinganddorth.com.

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Andrea Gewirtz and WellBeing & Worth shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 30 miles of Huntington Beach, California.

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of California. The only award that can be issued to you is a refund of any payment made to WellBeing & Worth for the applicable Challenge. You are not permitted to seek additional damages, including consequential or punitive damages.

12. Limitation of Liability:

Andrea Gewirtz and WellBeing & Worth are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Challenge. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Challenge or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

13. PAYMENT, PURCHASE, AND PAYMENT PLAN TERMS

a. General Payment Terms:

When you pay for the Challenge by credit card, you authorize and give permission to WellBeing & Worth to charge your credit or debit card for the amount owed for payment of the Challenge. When you purchase the Challenge, your information (i.e., credit card and contact info) may be collected by the third-party merchant Stripe or PayPal (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours. WellBeing & Worth is not responsible for the merchant’s independent policies or practices.

b. Payment Plan Terms / Failed Payment Procedures:

Should you choose to purchase the Challenge via one of our payment options at checkout (hereinafter the “Payment Plan”), you are hereby consenting to your credit card being automatically charged every 30 days pursuant to the number of payments you selected at checkout to complete your total payment.

If you choose to purchase the Challenge you hereby authorize and give permission to WellBeing & Worth to automatically charge your credit card, debit card, or PayPal account, as payment for the Challenge, for which you will receive an electronic receipt, at the time and interval in which payment is due without any additional authorization from you.

c. Failed Payments / Re-charge procedures:

By signing up for the payment plan, your card will automatically be re-charged 30 days apart for your remaining payments. Please plan accordingly.

i. If your payment fails on the 1st attempt:

If your payment is not successfully made, your credit card will automatically be re-charged after a 3-day grace period to make your payment for the Challenge.

If your card was accidentally not updated or available to be processed at the time we attempted the initial charge, you’ll have that 3-day grace period to update your card information with any penalty or losing access to the Challenge.

ii. After 2nd failed payment:

Your access to the Challenge will be suspended and you will not be able to access the Challenge at all until you successfully complete your payment. We will attempt to re-charge your credit card in an additional 3 days.

iii. 3rd and final attempt to make payment:

The 3rd attempt is the final attempt to collect your payment. If the 3rd payment fails, you will be permanently removed from the Challenge.

14. Severability

The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

15. Entire Agreement

These Terms of Use contains the entire agreement between you and the Company. There are no other promises or conditions in any other agreement (oral or written) between you and the Company.

16. Choice of Law and Venue

These Terms of Use shall be governed by the laws of the state of California. Any action brought by any party arising out of or from these Terms shall be brought within California, County of Orange.

By purchasing and/or participating in the Challenge, you implicitly signify your agreement to all the terms in these Terms of Use.

If you have any questions about the Terms of Use, please contact Customer Support at hello@wellbeingandworth.com

Thank you.