Terms and Conditions

USER’S ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS

WELCOME TO WWW.FIFTHELEMENTHEALING.COM (THE “WEBSITE”).

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE AND OUR SERVICES. By visiting the Website and using our Services, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms of Use”, “Terms and Conditions”, “Terms”). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEBSITE AND OUR SERVICES.

This Website is owned and operated by Fifth Element Healing LLC (“Company”, “we”, “us”, and “our”). Fifth Element Healing LLC offers this Website, including all information, tools and services available from this Website and through our Services to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here and/or available by hyperlink. These Terms apply to all users of the Website and our Services, including without limitation users who are browsers, vendors, customers, merchants and contributors of content.

You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to the Website. It is your responsibility to check this page periodically for changes, and your continued use of or access to the Website and our Services following the posting of any changes constitutes acceptance of those changes. In addition, when you use any of our current or future Services, you will be subject to our terms, conditions, guidelines, policies and agreements applicable to those Services.

ONLINE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state, jurisdiction, or province of residence. Children under the age of 18 are prohibited from using the Website and our Services.

You may not use the Website and our Services for any illegal or unauthorized purpose nor may you, in the use of the Website and our Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

You shall not post or transmit any material which violates or infringes upon the rights of others or which is discriminatory, unethical, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. You agree to not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of these Terms will result in an immediate termination of service.

REFUND POLICY

Purchases made from Fifth Element Healing LLC are 100% non-refundable.

If you are not certain that you will be happy with your purchase, please reach out to us via the Website Contact Form so that we may address any questions you have prior to making a purchase. 

You agree to not dispute any charges at any time. In the event that you inadvertently dispute a charge made to your account in connection with a purchase made from us, you agree to immediately cancel/withdraw such a dispute. 

You understand that disputing a charge through your financial institution is a violation of these Terms and you agree to not do so. You are responsible for any fees, including attorney’s fees, associated with recouping payment on disputes and any collection fees associated with such an event.

GENERAL CONDITIONS

You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment and credit card information is always encrypted during transfer over networks.

You understand that information presented on the Website and through our Services is for educational and informational purposes only and is not intended as, and shall not be understood or construed as, legal, financial, or medical advice. You acknowledge and agree that Jacki Marson of Fifth Element Healing LLC is not a licensed legal, financial, or healthcare professional and does not diagnose, treat or prescribe for medical conditions. Fifth Element Healing LLC expressly recommends that you seek advice from licensed legal, financial, and healthcare professional(s) for any concerns you may have in these respective areas.

We are not responsible if information made available on the Website and through our Services is not accurate, complete, updated, or current. Materials made available should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on such information and materials is at your own risk.

While we have made every effort to display as accurately as possible the colors and images representative of our Services, we cannot guarantee that your computer monitor’s display of any color will be accurate. From time to time, we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

Certain Services may be available exclusively online through the Website and may have limited quantities. We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services that we offer. Any offer for any Service made on this Website is void where prohibited.

You acknowledge and agree that while Services provided and methods used by Fifth Element Healing LLC have the potential to effect change on physical, mental, emotional and spiritual levels, Fifth Element Healing LLC does not provide any type of guarantee for a specific outcome. You understand that if you choose to apply any information or recommendations given by Jacki Marson of Fifth Element Healing LLC to yourself or others, you are solely responsible for the application and outcome and that Fifth Element Healing LLC is not liable for the results or lack thereof.

You understand that Testimonials presented by Fifth Element Healing LLC are individual experiences, reflecting real life experiences of those who have used our Services in one way or another. However, Fifth Element Healing LLC does not claim these are typical results, as individual results can and will vary.

PERSONAL INFORMATION

Your submission of personal information through the Website and our Services is governed by our Privacy Policy. To view our Privacy Policy, click here. Your agreement to our Privacy Policy is hereby incorporated into these Terms.

Your submission of consumer health data (a subset of personal information) through the Website and our Services is governed by our Consumer Health Data Privacy Policy. To view our Consumer Health Data Privacy Policy, click here. Your agreement to our Consumer Health Data Privacy Policy is hereby incorporated into these Terms.

ORDER CONFIRMATION

We will E-mail you to confirm the placement of your order and with details concerning your purchase. In the event that there is an error in this E-mail confirmation, it is your responsibility to inform us as soon as possible.

ACCOUNT CREATION

In order to access certain features of our Services, you may be required to provide information about yourself, including your name and E-mail address, so that you may register an account with us. You agree that information you provide to Fifth Element Healing LLC for purposes of creating and maintaining your account will always be accurate and up to date. You agree to not impersonate someone else or provide an E-mail address other than your own. Your account must not be used for any illegal or unauthorized purpose and must not violate any laws in your jurisdiction. In registering your account, you will be prompted to create a Username and Password (“login information”). You understand and agree that you are solely responsible for the security and confidentiality of your login information. In the event that your account is compromised, you agree to notify us in writing immediately and change your password. Any violation of these Terms are grounds for removal and banishment from the Website and our Services, at our discretion.

INFRINGEMENT NOTIFICATION

Fifth Element Healing LLC respects the rights of others and we expect users of our Website and Services to do the same. These Terms prohibit infringement on the copyrights of others, and it is also Fifth Element Healing LLC’s policy that we may remove, suspend, terminate access, or take other appropriate action against users who violate these Terms. We may also remove content that, at our sole discretion, appears to infringe on the intellectual property rights of others.

How to File an Infringement Notification. If you have evidence, know of, or have a good faith belief that content residing on or accessible through the Website and our Services infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement via E-mail to hello@fifthelementhealing.com. 

In any such notice, please include sufficient information to address the items specified below:

• Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
• Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit Fifth Element Healing LLC to locate the material.
• Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing.
• Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
• Include details of your claim to the material, or your relationship to the material’s copyright holder.
• Provide your full name, address, and telephone number should we need to clarify your claim.
• Provide a working E-mail address where we can contact you to confirm your claim.
• If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
• If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
• Sign the document, physically or electronically.

OUR INTELLECTUAL PROPERTY

The Website and our Services contain intellectual property owned by Fifth Element Healing LLC, including, but not limited to, trademarks, copyrights, proprietary information and other intellectual property, as well as the Fifth Element Healing LLC name, logo, all designs, text, graphics, digital products, other files, and the selection and arrangement of such. 

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works based on, distribute, display, reproduce, or perform, or in any way exploit in any format whatsoever any of the Website, our Services, our Content, our Course and Program Materials, or other intellectual property, in whole or in part without our prior express written consent.

We reserve the right to immediately remove you from the Website and our Services, without refund, if you are caught violating these Terms.

AFFILIATE LINKS

Company may provide affiliate links on the Website or via E-mail under which we may benefit monetarily. Fifth Element Healing LLC in no way guarantees the quality of products or services provided by any third-party and bears no liability with respect to such products, services or experience.

NON-DISPARAGEMENT

You agree to refrain from making any statements or comments of a defamatory or disparaging nature to any third-party regarding Fifth Element Healing LLC, or any of Company’s members, officers, directors, agents, employees, agents, policies, services or products, other than to comply with law. This provision in no way restricts your ability to communicate reviews or performance assessments about Company’s goods or services.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL FIFTH ELEMENT HEALING LLC, ITS MEMBERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNS AND SUCCESSORS (COLLECTIVELY REFERRED TO HEREIN AS “RELEASED PARTIES”) BE LIABLE FOR ANY DAMAGES, CLAIMS, COSTS, EXPENSES, LOSSES, INCLUDING BUT NOT LIMITED TO ANY SUCH LIABILITY ARISING FROM THE NEGLIGENCE OR FAULT OF THE RELEASED PARTIES, FOR ANY DAMAGE, INJURY OR DEATH TO YOU OR ANY OTHER PERSONS OR PROPERTY, IN ANY WAY CONNECTED WITH YOUR USE OF OR PARTICIPATION IN SERVICES PROVIDED BY FIFTH ELEMENT HEALING LLC, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, AND YOU AGREE NOT TO SUE THE RELEASED PARTIES.

INDEMNIFICATION, GOVERNING LAW AND VENUE

YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE RELEASED PARTIES FROM ANY AND ALL LOSS, LIABILITY, CLAIM, DAMAGE AND/OR EXPENSES THEY MAY INCUR OUT OF YOUR USE OF OR PARTICIPATION IN SERVICES PROVIDED BY FIFTH ELEMENT HEALING LLC, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE. IF ANY PART OR PORTION OF THIS AGREEMENT IS DETERMINED TO BE INVALID OR UNENFORCEABLE, THE REMAINING PARTS OR PORTIONS SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON AND VENUE SHALL BE IN KITSAP COUNTY, WASHINGTON.

CHANGES TO POSTED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms on the Website. Any use of the Website and our Services by you after being notified means you accept these amendments. We will post the most recent versions to the Website and list the effective dates on the pages of our Terms.

HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

NOTICES

BY USING THE WEBSITE AND OUR SERVICES YOU ACKNOWLEDGE, ACCEPT AND AGREE THAT YOU HAVE CAREFULLY READ AND FULLY UNDERSTAND THESE TERMS AND CONDITIONS. YOU UNDERSTAND THESE TERMS INCLUDE A RELEASE OF LIABILITY, WHICH COULD LEGALLY PREVENT YOU FROM FILING A LAWSUIT OR MAKING ANY OTHER LEGAL CLAIM FOR DAMAGES IN THE EVENT OF YOUR DEATH OR INJURY. WITH THIS KNOWLEDGE, YOU ENTER INTO AGREEMENT WITH THESE TERMS AND CONDITIONS FULLY AND VOLUNTARILY. YOU AGREE THE AGREEMENT IS BINDING UPON YOU, YOUR SPOUSE, YOUR HEIRS, YOUR CHILDREN, INCLUDING ANY GUARDIAN FOR THE CHILDREN, YOUR ASSIGNEES, AND YOUR LEGAL REPRESENTATIVES.

All notices, requests, demands, and other communications under this Agreement shall be in writing via E-mail to hello@fifthelementhealing.com. 

CONTACT

If you have any questions about these Terms and Conditions, you may E-mail us at hello@fifthelementhealing.com.

UPDATED: NOVEMBER 15, 2024