Terms of Use (aka “the legal stuff”)

for

Foundations of Cognitive Health

Please read the Terms of Use for the Program carefully and in their entirety before purchasing and using Foundations of Cognitive Health (hereinafter referred to as the “Program”). The Program and its content are owned by Doctor Blossom, Inc.

1. Definitions:

“Company”, “We”, “I”, “Our”, or “Us” means Doctor Blossom, Inc.

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

“Program” means Foundations of Cognitive Health

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

2. Consent:

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

3. Disclaimer:
The Program is for educational and prevention purposes only. PreCODE is designed to support your brain health optimization journey and prevent cognitive decline. The personalized treatment recommendations from the protocol consist of metabolic and lifestyle changes requiring long-term interventions to showimprovement. These changes need to be continued on to maintain an effective reversal and prevention of cognitive decline.

Scott Blossom L.Ac. is a certified practitioner of the PreCODE Program™ & PreCODE™ developed by Dr. Dale Bredesen. PreCODE is the only clinically proven program to optimize brain health and prevent cognitive decline. In addition to providing group and individual guidance for participating in the protocol Scott will utilize the PreCODE Report™ to provide personalized cognitive medical information that serves as a treatment plan for the PreCODE Program.

Although we do our best to make sure all of the Program’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 Program’s information, or its safety or efficacy as it applies to you.

4. Assumption of the Risk

You should use your best judgment in using the information provided in the Program, which is done at your own risk. It is your responsibility to discern the risk of using the Program or its content. You assume responsibility for your actions, choices, or lack thereof, related to the Program. 


5. Services and Cancellation Policy

The parties agree to engage in the Program as described below through telephone or Zoom meetings.

The Program includes:

  • Lab Testing and real-time biomarker tracking 

  • Five 1-on-1 consultations with Scott comprised of 3-30 minutes sessions and 2-60 minutes sessions

  • Customized educational and prevention roadmap designed for you after interpreting lab results of Your 50-page PreCODE ReportSupport materials to help you integrate this detailed protocol into your long-term health habits and routines

  • A practical approach to the science behind the causes of cognitive decline: Genetics, Cardiovascular disease, Metabolic dysfunction, Gut dysbiosis, Toxin exposure, Sleep disorders, Stress, Gum Disease, and more

  • Up to 9 Live yoga classes for brain health (3 yoga classes for three months)

  • Three Live Group Sessions per month for the first 3 months of the program to answer your questions and guide you through the steps of setting yourself on a course of self-determination for your cognitive health

  • Intensive 3-month PreCODE Cognitive Health Protocol

  • Monthly Live Group Sessions during months 4, 5, and 6 of the program

  • Access to an optional Buddy System to maximize accountability

  • 3-month subscription to the NooVeda Community: Ongoing, community-centric support after the initial 3-month protocol to help you establish the changes you have made in your daily life

    • Live yoga classes

    • Access to the Doctor Blossom library of Integrative Āyurveda resources for supporting optimal cognitive health

  • 12-month membership in PreCODE 

    The Program will not provide: 

    • Medical advice outside of the PreCODE protocol

    • Psychological insight into people or this process

    • Additional 1:1 sessions beyond the 5 included in the Program

    • Hormone therapy

    • Meal plans

Cancellations: Twenty-four hours notice is required to cancel any 1:1 session. If 24-hours notice is given, you may reschedule. If twenty-four hours notice is NOT given, you forfeit the session.

Procedure: You are responsible for booking each online or in-person 1:1 session through the provided scheduling links in Calendly or Biocanic. Time of the session will be determined based on a mutually agreed upon time via scheduling program. You will initiate all scheduled calls or Zooms and will contact Scott by using the video link provided in the confirmation email.

Confidentiality: This Program, as well as all information (documented or verbal) that You share is bound by the principles of confidentiality set forth by HIPAA. 


6. Intellectual Property Ownership and No Sharing:

The Program and its content, including, but not limited to, content and services provided in the program are intellectual property owned by Scott Blossom + Doctor Blossom, Inc. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

Any use of the Company’s intellectual property may not be used in connection with the sale or distribution of any product, program, and/or service by you, directly or indirectly, without the prior written consent of Doctor Blossom, Inc.

Misappropriation or unauthorized use of the Company’s intellectual property and/or trade secrets may result in the enforcement of an infringement and/or intellectual property theft action against you in an effort to recover damages and/or protect our intellectual property rights. The Company reserves the right to pursue an action for misappropriation, theft, or improper use of its intellectual property by the Purchaser, the Purchaser’s representatives, assigns, contractors, employees, or acquaintances. 

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

PreCODE App: No part of the PreCODE site or the content herein may be reproduced or reprinted without prior written permission from AHNP, LLC.

You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Program, you will be removed from the Program 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. 

We don’t make any assurances as to any particular health outcome based on the use of or participation in the Program. We are not responsible for the success or failure of your health, wellness, illness, disease or any other result of any kind that you may have as a result of your participation in the Program.


8. Disclaimer: No Warranties, Guarantees, or Representations Are Being Made

We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way including, but not limited to, your future health or illness as a result of your use of the Program. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of health 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 Program.

9. Your Release of Us, Indemnification, Hold Harmless

To the fullest extent permitted by law, Doctor Blossom, Inc., 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 Program, its materials, our website, or any other information obtained by you from us. By enrolling in the Program, you hereby agree to this limitation of liability and release Doctor Blossom, Inc., from any and all claims.

By participating in and/or purchasing the Program, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless Doctor Blossom, Inc., 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 Program and/or your breach of any obligation, warranty, covenant, or representation set
forth in these Terms of Use. 

By enrolling in the Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless [Doctor Blossom, Inc] as stated in this section herein.


10. Our Refund Policy

Refund and Cancellation Policy for the Foundations of Cognitive Health Program

Please review and acknowledge the refund policy:

We understand that committing to a 6-month program is a significant decision, and we strive to offer flexibility while maintaining the integrity of the program. 

Non-Refundable Deposit: A $650 deposit is required to secure your spot in the program. This deposit is non-refundable.

Full Refund (Minus Deposit): If you cancel your enrollment at least 14 days before the program start date, you are eligible for a full refund minus the $650 deposit.

Partial Refund (Minus Deposit): If you cancel within the first two weeks of the program, a 50% refund of the remaining balance (after the deposit) will be issued.

No Refunds: After the first two weeks of the program, we are unable to provide refunds, as resources and program materials will have been allocated.

Exceptional Circumstances: We understand that unexpected life events happen. If you experience a medical emergency or other serious situation that prevents participation, please contact us to discuss possible accommodations or credit toward a future program.

NO CHARGEBACKS

The Client will not, under any circumstances, issue or threaten to issue any
chargebacks to the Company or to the Client’s credit card and/or form of payment (ie, PayPal) for any reason whatsoever related to the Program. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account. 

11. Arbitration Clause:

If you have any complaint or should any issue arise in the use of the Program, please contact us directly first by emailing Scott Blossom at info@doctorblossom.com.

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Scott Blossom + Doctor Blossom, Inc., 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 20 miles of Berkeley, 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 Doctor Blossom, Inc for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.

12. Limitation of liability:

Scott Blossom + Doctor Blossom, Inc are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Program. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Program 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 

General Payment Terms: 

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

  1. Payment Plan Terms / Failed Payment Procedures: 

Should you choose to purchase the Program via a payment plan option at checkout (hereinafter the “Payment Plan”), you are hereby consenting to your credit card being automatically charged 30 days apart for 1 MONTH to complete your total payment. 
If you choose the Payment Plan to purchase the Program, you hereby authorize and give permission to Doctor Blossom, Inc., to automatically charge your credit card, debit card, or PayPal account, as payment for the Program, for which you will receive an electronic receipt, at the time and interval in which payment is due without any additional authorization from you. 

We will not contact you to seek any additional authorization, approval, or permission before charging your card for each installment of the Payment Plan.

By choosing the Payment Plan, you agree and understand that ALL monthly payments are owed in full. There are no exceptions. No refund requests or stop payments will be granted or accepted.

  1. Failed Payment Plan Payments / Re-charge procedures:

By signing up for the payment plan, your card will automatically be re-charged 10 days apart for your remaining payments. Please plan accordingly.

If your payment-plan payment fails on the 1st attempt:

In the event that your Payment Plan payment is not successfully made on your due date, your credit card will automatically be re-charged after a 3 day grace period to make your payment for the Program.

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 Program.

After 2nd failed payment:

Your access to the Program will be temporarily suspended and you will not be able to access the Program at all until you successfully complete your payment. We will attempt to re-charge your credit card in 1 day.

After 3rd failed payment:

Your access will still be suspended, pending your successful completion of your owed late payment. In 1 day, we’ll attempt to charge your card.

4th and final attempt to make payment:

The 4th attempt is the final attempt to collect your payment before the matter is forwarded to collections. If the 4th payment fails, you will be permanently removed from the Program and no refund will be given. 

When choosing the payment plan option, you consent to being responsible for ALL payments owed under the Program terms.

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 contain 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 + 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 the California, County of Alameda.

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

If you have any questions about the Terms of Use, please contact Scott at info@doctorblossom.com. Thank you.