Disclaimers
Disclaimers
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Consulting Disclaimer
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This website (the “Site”) has been created to provide information about the holistic and functional wellness consulting services offered by PhytoHealth LLC (“PhytoHealth”, “we” or “us”). Such consulting services are not intended as, and do not replace, professional medical advice, diagnosis or treatment. PhytoHealth does not provide medical care and the consulting services are not the practice of medicine, the practice of dietetics, or the practice of counseling care including, without limitation, psychiatry, psychology, psychotherapy, or providing any form of medical diagnosis, treatment, cure or prevention of any disease.
WHEN RECEIVING FUNCTIONAL WELLNESS CONSULTING SERVICES FROM PHYTOHEALTH, YOU AGREE TO AND ACCEPT THE FOLLOWING DISCLAIMER.
Functional wellness consulting services provided by PhytoHealth are not a substitute for medical, psychological, psychiatric, therapeutic or other diagnosis, care, counseling, advice, consulting or treatment. While Jessica Meyers or any other wellness consultant at PhytoHealth may be a licensed healthcare practitioner, in the role of wellness consultant, they will not be acting in a licensed capacity. If you hire PhytoHealth to provide the wellness consulting services of Jessica Meyers or another wellness consultant at PhytoHealth (each referred to herein as a “PhytoHealth Consultant”) to assist you with the development and implementation of your goals, you agree to the limits of liability described below.
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You understand and agree your PhytoHealth Consultant is not acting as your primary care doctor, functional medicine doctor, psychiatrist, psychotherapist, counselor, licensed dietician or in any other licensed practitioner role. Your PhytoHealth Consultant will not provide any specific services that are licensed healthcare related activities. If you require such services, your PhytoHealth Consultant may recommend a licensed practitioner in your geographic area.
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PhytoHealth does not make any guarantees, warranties or representations about the results that you will achieve through wellness consulting. You agree that using any of the wellness consulting services is entirely at your own risk. The wellness consulting services are requested at your own choice and with inherent singular responsibility. Any action or lack of action, taken by you based on wellness consulting received from PhytoHealth and your PhytoHealth Consultant is done so solely by your choice and responsibility and is neither the responsibility nor liability of PhytoHealth or your PhytoHealth Consultant.
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Neither PhytoHealth nor your PhytoHealth Consultant shall be held responsible or liable for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or suggestions provided by PhytoHealth or your PhytoHealth Consultant, whether such information is provided via a face-to-face meeting, telephone communication, the internet or other form of communication. You hereby release your PhytoHealth Consultant, PhytoHealth and all its owners, members, officers, employees, affiliates, representatives, successors and assigns of PhytoHealth from any claims, liability, costs or expenses in connection with any wellness consulting services, information or materials. You shall indemnify and hold harmless your PhytoHealth Consultant, PhytoHealth, and all its owners, members, officers, employees, affiliates, representatives, successors and assigns from any claims, liability, costs or expenses in connection with any wellness consulting services, information or materials which you might share or transfer to another individual.
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The information, instructions or advice given by PhytoHealth and your PhytoHealth Consultant is not intended to be a substitute for professional medical or psychological diagnosis, treatment and care. You should not discontinue or modify any medication or therapy presently being taken pursuant to medical advice, without obtaining approval from your healthcare professional. If you suspect that you have a medical condition, you should seek medical attention from your physician or an appropriate health care professional. The information or recommendations given by PhytoHealth and your PhytoHealth Consultant are not intended to be a substitute for advice and/or representation from professionals for medical, legal, financial, tax, personnel, religious, or spiritual reasons.
Any disputes that may arise between you and PhytoHealth or your PhytoHealth Consultant shall be resolved by binding arbitration in Kern County, California under the procedures and supervision of the American Arbitration Association in the. Damages will be actual monetary damages only and limited only to a refund of fees paid to PhytoHealth.
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In general, all communications between you and PhytoHealth/your PhytoHealth Consultant are confidential. No information about you will be released outside the wellness consulting sessions without your permission. The exceptions to confidentiality include, but are not limited to the following: (1) your PhytoHealth Consultant determines that a client is a threat to herself, or another person; (2) there is suspected abuse or neglect of a child, an elderly or disabled person; (3) the client is threatening to commit a crime; (4) there is a medical emergency; or (5) through a court order to disclose a client’s records. Moreover, PhytoHealth may disclose any information from wellness consulting sessions as required by applicable law, or as necessary or advisable to: (a) protect PhytoHealth’s rights, safety or property or the rights, safety or property of others, including consultation(s) with counsel; (b) respond to your requests for customer service or other information; or (c) comply with legal process or cooperate with law enforcement or governmental requests.
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PhytoHealth takes reasonable steps to keep information from wellness consulting sessions confidential. Despite our efforts, communications between PhytoHealth and you containing information related to your wellness consulting sessions might be unlawfully intercepted by third parties not under the control of PhytoHealth. Accordingly, neither PhytoHealth nor any of our service providers can ensure or warrant the security of any information you transmit to us over the internet, email or via text message. Any such transmission is done at your own risk.