Terms of Use
TERMS OF SERVICE
Last updated: April 10, 2025
1. Acceptance and Acknowledgement
These terms of service (along with our privacy policy and cookie policy, (hereinafter “Terms”)) constitute a legally binding agreement between you and Rhode to Health, Inc., dba Kathleen DiChiara (“the Company” “We,” “Us,” or “Our”) governing your use of the website, its content, products, and services, as well as the content, products, and services made available through third-party websites such as kajabi.com, mightynetworks.com, PracticeQ.com (collectively, the “Services”), which are made available in the United States by the Company.
By using the Services, you expressly acknowledge that you understand these Terms and accept and agree to be bound by them and the Company’s Privacy Policy. If you do not agree to these Terms or the Company’s Privacy Policy, you must immediately cease using the Services.
Important notice: these terms contain provisions that govern how claims you and the Company have against each other can be brought. By using this site, you are agreeing to waive your right to sue in court and instead agree to have all disputes decided by an arbitrator in Rhode Island, Providence County. These provisions require you to resolve disputes with the Company on an individual basis, not as part of a class, and through final and binding arbitration. By accepting these terms and entering into this agreement with the Company, you expressly acknowledge that you have read and understand all the provisions of these terms.
a. Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear singular or plural.
For the purposes of these Terms of Service:
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Rhode to Health, Inc., dba Kathleen DiChiara, 2019 Smith Street, N. Providence RI 02911.
Country refers to Rhode Island, United States of America.
Website refers to Kathleen DiChiara, accessible from http://www.kathleendichiara.com, including all its domains and subparts.
Terms refer to the terms and conditions of these Terms of Service, along with our Privacy Policy and Cookie Policy.
Content refers to logos, design, text, graphics, images, software, audio, video, works of authorship, and information and other materials that are posted, generated, provided, or otherwise available through or on the Website. We and our licensors exclusively own all rights, titles, and interests in and to the Content, including all associated intellectual property rights. You acknowledge that Content is protected by copyright, trademark, and other laws of the United States and foreign countries and that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying Content on the website.
Services refer to content, products, coaching, consultation, lab testing, and books, as well as the content, products, and services made available through third-party websites such as kajabi.com, mightynetworks.com, PracticeQ.com.
User refers to any visitor to the Site, regardless of whether the visitor registers for the Site or purchases any products from the Website and is referred to herein as “User” or “you.”
You refers to the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Account refers to a unique account created for You to access our Service or parts of our Service.
Subscriptions refer to the services or access to the Service offered on a subscription/membership basis by the Company to You.
b. Acknowledgment
These Terms of Service set out the rights and obligations of all users regarding the use of the Services. Your access to and use of the Services is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service. If You disagree with any part of these Terms of Service, then You may not access the Service.
c. Eligibility
You represent that you are eighteen (18) years or older and capable of forming a binding contract and are not barred from using the Website under any applicable law. The Company does not permit those under 18 to use the Service. The Company does not knowingly or intentionally collect personal information from children under the age of 13.
d. Privacy policy and cookie policy
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company, which may be accessed by clicking on the following link. ADD LINK TO PRIVACY POLICY Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
2. Access and Payment
A. Purchases
By placing orders for goods or Service, You warrant that You are legally capable of entering into binding contracts.
a. Your Information
If You wish to purchase any product or service made available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
b. Cancellation
We reserve the right to refuse or cancel Your product or service order at any time for certain reasons including but not limited to:
- Availability
- Errors in the description or prices for products or service
- Errors in Your order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
c. Return Policy
Our Returns Policy forms a part of these Terms of Service. We are unable to refund any purchases for digital content due to the nature of its delivery.
d. Payments
All purchases are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your purchase.
B. Membership
A. User Accounts
When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
a. Subscription period
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
b. Subscription cancellations
You may cancel Your Membership/Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
c. Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
d. Billing
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice
e. Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to allow You to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
f. Refunds
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
3. Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
4. Your Feedback to Us
You assign all rights, title, and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
5. Availability, Errors and Inaccuracies
We are constantly updating Our offerings on the Service. The offerings available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our offerings on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
6. Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
7. Limitation of Liability
Notwithstanding any damages that You might incur, our liability to you for any cause of action or claim whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you in the last twelve (12) months to the company for any products or services supplied by us through your use of the site or service, or 100 USD if you have not purchased anything through the service.
We will not be liable in any amount for failure to perform any obligation under these terms if such failure is caused by the occurrence of any unforeseen contingency beyond our reasonable control, including, without limitation, internet outages, communications outages, fire, flood, or war.
This Section shall survive any termination of these Terms.
8. “AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company’s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations outlined in this section shall be applied to the greatest extent enforceable under applicable law.
9. Disputes Resolution
If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATION, INCLUDING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO FILE LAWSUIT IN COURT.
By agreeing to these terms, you agree that you are required to resolve any claim that you may have against the Company on an individual basis in arbitration, as set forth herein. This will preclude you from bringing any class, collective, or representative action against the Company. This will also preclude you from participating in or recovering relief under any future class, collective, consolidated, or representative action brought against the Company by someone else.
Our Customer Service department is available at support@kathleendichiara.com to address any concerns you may have about the Services. Both you and the Company agree to use your best efforts to resolve any question, dispute, claim, or other disagreement directly through consultation and good faith efforts by using these Customer Service contacts. Where permitted by law, engaging in this initial dispute resolution process is a precondition to either party initiating a lawsuit, where permitted, or an arbitration proceeding.
You and the Company agree that any dispute, claim, or controversy arising out of or relating to either (i) these Terms or (ii) your access or use of the Services at any time (whether before or after the date you agreed to these Terms) that cannot be settled by a good faith attempt at dispute resolution, as described above, within thirty (30) days of initiating such initial dispute resolution process will be settled by binding arbitration between you and the Company, and not in a court of law.
This binding arbitration will be administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitration Rules, as appropriate, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or in relation to the interpretation, applicability, enforceability, or formation of these Terms, including without limitation any claim that all or any part of these Terms is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, where permitted by these Terms. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The JAMS Rules governing the arbitration may be accessed at http://www.jamsadr.com/ or by calling JAMS at (800) 352-5267. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Comprehensive Arbitration Rules, but shall not incorporate the JAMS Class Action Procedures, and, to the extent applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the Company will pay the additional cost.
This section will survive termination of these Terms.
Changes to These Terms of Service
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms of Service, You can contact us:
By email: info@kathleendichiara.com
By mail: 2019 Smith Street, N. Providence RI 02865
