TERMS OF USE  

USE OF THIS SITE IS GOVERNED BY:

DISCLOSURES Alyssa Carmona is the founder of HolisticWellthSa.com. Holistic Wellth is a nutritional program based on a theory of empowering you to take responsibility for your lifestyle and diet choices through the use of hair mineral analysis provided by laboratories to inform the decisions you make. Holistic Wellth provides you information as to the use and role of food and food ingredients, including dietary supplements. Holistic Wellth intend to offer information and analysis to help you use the information gained from your hair samples and from consultation with you. We believe that hair testing identifies mineral and toxin levels in your body and that you can normalize these levels through lifestyle, supplement, program, and diet choices that you make for yourself. It is not medical advice. Holistic Wellth encourages you to take responsibility for your health and healthcare decisions, in consultation with your physician.

DISCLAIMERS Holistic Wellth services, and the related hair sample testing, is not intended to diagnose, treat, cure, or prevent any disease or medical condition, or to prescribe any treatment for any disease or condition. The information discussed by Alyssa Carmona is not medical advice. Holistic Wellth, and the services and information provided by Alyssa Carmona, is complementary to healing arts services. Statements made and products purchased or discussed here and by us have not been evaluated by the State of Texas or by the Food and Drug Administration. The products you purchase or discuss are not intended to diagnose, treat, cure, or prevent any disease. Alyssa Carmona and other coaches are not licensed physicians and are not licensed by the State of Texas as healing arts practitioners. Their certification does not constitute a license to practice medicine. All services provided do not require a license from the State of Texas.

Alyssa Carmona is not licensed psychologists, and do not provide services or information that involves the practice of clinical psychology or, further, practice of a recognized organized religion. The use of information, products, and services made available here and by us does not create a patient-physician or patient-clinician relationship. Information you receive is educational is are not medical advice or intended to replace the advice of your treating physician. Alyssa Carmona, and our coaches do not diagnose illness or prescribe medication, and the information provided here and by us is not intended to be a substitute for conventional medical service or for face-to-face consultation with your physician. If you have a severe medical condition, health concern, or any medical question at all, contact emergency services if it is an emergency or see your physician.  Do not disregard professional medical advice or delay in seeking professional advice because of something you learned from the Eat Move Shift, your hair mineral test. Do not stop taking medication or other treatment prescribed to you by your physician because of such information. If you have had an adverse reaction to taking minerals or supplements, consult your treating physician before beginning any program or using and information or products. If you or those in your care are in an emergency situation, contact your nearest emergency medical provider immediately; do not rely on or use any information from us.    

Always consult with your physician before: ●    Beginning any program, exercise, body awareness techniques, or meditation ●      Changing your diet ●      Taking any nutritional or herbal supplement

NOTICE: State law allows any person to provide nutritional advice or give advice concerning proper nutrition--which is the giving of advice as to the role of food and food ingredients, including dietary supplements. This state law does NOT confer authority to practice medicine or to undertake the diagnosis, prevention, treatment, or cure of any disease, pain, deformity, injury, or physical or mental condition and specifically does not authorize any person other than one who is a licensed health practitioner to state that any product might cure any disease, disorder, or condition. Eat Move Shift encourages you to take responsibility for your health and healthcare decisions, in consultation with your physician. The Sites do not contain information about all diseases, nor do this Sites contain all information that may be relevant to a particular medical or health condition. You should not use any content for diagnosing or treating a medical or health condition. If you or anyone in your care has a medical concern, you should contact your professional medical provider through appropriate means.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS Holistic Wellth (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”).  By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below.  This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.  By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us.  While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).  Message and data rates may apply. 
 User Opt Out:  If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program.  You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. Duty to Notify and Indemnify:  If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number.  You understand and agree that your agreement to do so is a material part of these terms and conditions.  You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number.  This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of supplements, detox protocols, practitioner services, online courses, promotions, events, facebook and social media lives, and other health related events, promotions, sales, and service information. Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Participant Requirements:  You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions. Age Restriction:  You may not use of engage with the Platform if you are under thirteen (13) years of age.  If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so.  By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction.  By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform. Prohibited Content:  You acknowledge and agree to not send any prohibited content over the Platform.  Prohibited content includes: -       Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; -       Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; -       Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; -       Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; -       Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and -      

Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and/or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in San Antonio, Texas before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Eat Move Shift principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute.  If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”).  The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision.  The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract.  The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.  Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.  If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction.  If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial.  This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified. You agree to use the information, products, and services available from Holistic Wellth at your own risk and on an “as is” and “as available” basis.

These websites may contain information and links to sites by third parties, including information in comments on articles. Such information and links are provided for your convenience and reference only. Holistic Wellth does not adopt any medical claims which may have been made by third parties. Holistic Wellth do its best to remove unauthorized and offensive content, but does not guarantee that all such third party content will be removed. Articles and information on this website may not be copied, reprinted, or redistributed without written permission, which may be obtained by contacting us.  Please see our Terms of Service Agreement and our privacy and copyright policies for further limitations on your use of information and services made available on these websites.  

CUSTOMER SUPPORT We are available Monday through Friday from 10:00 AM until 6:00 PM CST. Info@HolisticWellthsa.com