Gascor Formulas™ &
The Optimal Heart Health Blueprint Online Course
TERMS AND CONDITIONS
Acceptance of Terms
Gascor Formulas™, The Optimal Heart Health Blueprint (OHHB), and the Barbara Rush Trust (the “Company" or “Us/We") gives access to an educational online course that provides information, training, and exercises including access to a physical product, CV Boost. The features, tools, materials or other Services (including co-branded or affiliated Services) that may be offered from time to time will fall under the offerings of the Company and will be subject to the terms and conditions of this contract.
Please read these Terms and Conditions carefully before using the Service. By creating an
account with the Company, using the Site or Services, or clicking to accept or agree to these Terms anywhere that option is available, you (1) accept and agree to these Terms, (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy, which is incorporated by reference herein, and (3) accept and agree to the additional terms, rules, or conditions of any promotional offer made by the Company at any time. If you do not agree to these Terms, you may not access or use the Content or the Service.
The Service does not knowingly collect, either online or offline, personal information from persons
under the age of 13. If you are under 18 years of age, you may only use the Service site
(and/or make purchases associated with the Site or the Service) only under the supervision of a
parent or guardian.
Changes to the Terms
Except for Section 12, which provides for binding arbitration and a waiver of class action rights,
The Company reserves the right, in its sole discretion, to change the Terms under which the service is offered at any time. The most current version of the Terms will supersede all previous versions.
The Company encourages you to periodically review the Terms to stay informed of our updates. If a revision to the Terms, in our sole discretion, is material, we will notify you by contacting you
through the email address associated with your account. Use of the services by you after any
modification to the Terms constitutes your acceptance of the Terms of Use as modified.
Communications
You consent to receive communications from us and agree that all notices, disclosures, and
other communications that we provide to you electronically (including, but not limited to email
and SMS) satisfy any legal requirement that such communications be in writing.
As a result of your registration for the Company, you may also receive certain commercial
communications from the Company. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using relevant opt-out functionality or sending an email to theohcourse@gmail.com. Following such an opt-out, we may still communicate with you to the extent permitted by applicable law.
Your account
In order to use the Service, you must register for an account by registering as a user of the
Company, you agree to provide accurate, current and complete information about yourself as
prompted (the "Registration Data") and maintain and promptly update the Registration Data to
keep it accurate, current and complete. It you provide any information that is inaccurate, not
current or incomplete, or the Company has reasonable grounds to suspect that the Registration Data is inaccurate, not current or incomplete, the Company may deny you access to its product or service, or terminate your account, at its sole discretion.
You must be 18 years or older to use this Service (and/or make purchases associated with the
Site or the Service) without the supervision or a parent or guardian.
If you register an account for the Company on behalf of an entity, such as your employer, the
entity shall be the Account Owner. If you are registering on behalf of an entity, you represent
and warrant that you have the authority to bind that entity to these Terms of Service and our
Privacy Policy.
You agree to pay all fees or charges incurred by your account, including applicable taxes, in
accordance with these Terms and the billing terms that are in effect at the time that such fees
or charges become payable. The Company may, in its sole discretion and at any time, change any rates and/or fees in respect of any Services hereunder (including the Service) with thirty (30)
days' written notice to you. You are fully liable for all charges to your account, and you
represent to the Company, that you are an authorized user of all methods of payment that you use to pay any charges under your account. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to an other person or entity. You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your account. The Service and its associates reserve the right to refuse or cancel service, terminate accounts. or remove or edit content in our sole discretion.
You agree to (a) never to use the same password for the service that you use or have ever used
outside of the Service; (b) keep your Username and Password confidential and not share them
with anyone else; (c) immediately notify the Company of any unauthorized use of your username and password or account or any other breach or security; and (d) use only your own username and password to access the Company's Restricted Areas. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Billing, Refund & Cancellation Policy
You agree to pay the Company any fees for each service you purchase or use in accordance with the pricing and payment terms presented to you for that service.
Subscriptions
The Company sells a variety of services, some of which are on a subscription basis that include their own "Billing cycle". Billing cycles are typically monthly or annually, depending on which terms you choose for the Services. Payment will be charged to your chosen payment method at
purchase at the start or each new billing cycle. Your Service subscription will automatically
renew at the end of each billing cycle unless you cancel your account.
We (through our third-party payment processors) will keep your payment information on file. We
do not access this information, except through provided programmatic methods by the
provider(s). When your details change or are due to expire, we may obtain or receive from your
payment provider updated payment details, including your card number, expiration date, and
CVV (or equivalent). This enables your subscription charges to continue on schedule so you can
maintain access to the Service. You authorize us to continue to charge your credit card using
the updated information. If a payment is not successfully authorized due to expiration,
insufficient funds, or otherwise, we may suspend or terminate your subscription until applicable
changes have occurred. You also agree that we may charge you via your payment method on
file if you elect to restart your subscription.
Cancellation
You may request to cancel your Service by emailing theOHcourse@gmail.com. Your Service will continue until the end of your Billing cycle cancellation as charges are not based on usage. In order to avoid being charged for the Service on the next billing date, you must submit your request to cancel your Service at least 5 business days prior to your next billing date using one of the outlined cancellation methods above. If you cancel your Service prior to the end of your current paid billing cycle. You will not receive a prorated refund.
Refunds
For any online course offered by the Company, it is paid upfront or with monthly installments until paid off. We offer a 30 day money back guarantee as long as the request for cancellation is made within the first 30 days of your subscription as determined by the original purchase date AND appropriate pre program medical tests showing baseline numbers is followed by the exact same testing that reveals no change in test results within the cancellation period. This includes, but is not limited to blood pressure, and other cardiovascular tests for the OHHB online course. If the Company has offered an annual subscription service, there will be no refunds issued for annual subscriptions that were not canceled before the renewal of the plan.
An approved refund cannot exceed the payment amount.
If you initially sign up for a Service plan offered by the Company that includes a free or discounted trial period:
-If you cancel prior to your first charge following the trial period, you will not be charged.
-If you do not cancel before the stated trial period expires, you will be billed for the full price of
the plan starting on the day the trial period ends.
If you sign up for a course that includes a physical product, including any that are designed to be taken orally, the refund will not include the retail cost for the actual product, any cost in mailing it, credit card fees charged to the Company to complete said transaction(s), shipping or handling of said product. If you choose to return it, you will be responsible for all costs in returning any unused portions of any physical product associated with the course purchased.
Please contact OHHB Support at theohcourse@gmail.com with any questions.
Links to third party sites/Third party Services
The Service may contain links to other websites ("Linked Sites"). The Linked Sites are not under the
control of the Company and is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by any Company product or service of the site or any association with its operators.
Any fees charged by Linked Sites are not included in any subscription or other fees payable by
you to the Service. The Company may also provide access to third-party vendors who provide
information, goods and/or Services on the Site or through the Company. Any separate charges or obligations you incur in your dealings with Linked Sites or other third parties are your
responsibility. The Company makes no representation or warranty regarding any information, goods and/or Services provided by any Linked Sites or other third parties.
Any product or service offered through the Company shall not be responsible or liable, directly or indirectly, for any damage or losses caused (or alleged to be caused) by or in connection with your use of (or reliance upon) any information, goods, or Services made available on any Linked Sites; and you assume any and all risks, known or unknown, now existing or hereafter arising, that are related to your use of (or reliance upon) the Linked Sites.
Certain Services made available via the Site are delivered by third party sites and organizations.
By using any product, Service or functionality originating from the Site, you hereby
acknowledge and consent that the Service may share such information and data with any third
party with whom the Service has a contractual relationship to provide the requested product,
Service or functionality on behalf of the Site's users and customers.
Intellectual Property of the Company and Its Suppliers
You are granted a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable,
and revocable license to access and use the Site and/or the Service strictly in accordance with
these terms of use. As a condition of your use of the Site and/or the Service, you warrant to
The Company that you will not use the Site and/or the Service for any purpose or in any way that is prohibited by these Terms or that violates any applicable laws, statutes, regulations, orders,
and/or other requirements, in any jurisdiction and at any level (e.g., municipal, county, provincial, state or national). You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
The information that is presented in the Company site(s) has not been evaluated by the FDA and is for informational purposes only and is not meant to diagnose, treat, cure or prevent any disease. All information is intellectual property of the Company and shall in no way be copied in any way or part. If it has been found that the purchaser has violated the intellectual property laws, the Company will prosecute that purchaser to the fullest extent of the law.
You may not collect or aggregate information regarding other users' actions related to the
Service, and you may not otherwise obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site. You will
keep all passwords and other login information confidential, and you will use reasonable efforts
to prevent unauthorized access to or use of the Service. You will promptly notify the Company if you become aware of (or reasonably suspect) any Illegal activity, unauthorized access, or security breach In respect or our account.
You will not modify, publish, transmit, reverse engineer, de-compile, hack, participate in the
transfer or sale of, create derivative works from, or in any other way exploit any of the Content,
in whole or in part, found on the Company, including physical products that accompany any purchases made by you. The Company and its content is not for resale. Your use of the Site
does not entitle you to make any unauthorized use of any protected content, and in particular
you will not delete or alter any proprietary rights or attribution notices in any content. You will
use protected content solely for your personal use, and will make no other use of the Content
without the express written permission of the Service and/or the copyright owner (as applicable).
You agree that you do not acquire any ownership rights in any protected content. We do not
grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
By clicking through, you further agree that all materials and information provided to you by the Company are its confidential and proprietary intellectual property belonging solely and exclusively to the Company, and may only be used by you as authorized by the Company, and the reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited.
All proceeds obtained for any Gascor Formulas™ product(s), OHHB course, or any course offered by the Company is wholly owned and operated by the Barbara Rush Trust. All proceeds from any sale the Company receives is donated to the Barbara Rush Trust.
Over-the-Counter product(s) and Health Information Disclaimer
The information and contents contained in the Company’s Service and program offerings is provided for informational purposes only and is not meant as a substitute for the advice provided by your Health Care Professional. You should not use the information available on or through the Company’s programs (including, but not limited to, information that may be provided on the Company’s purchased programs) for diagnosing or treating a health
problem or disease, or prescribing any medication. Information and statements regarding dietary and other health care supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use and consult with your health care professional. If you are allergic to any of the ingredients in any products offered by the Company in any of its programs, you should not consume those products. The Company will take no responsibility in any reactions, side effects, or other negative effects experienced due to the purchase and consumption of any product purchased in association with any program offered by the Company.
By clicking through, you understand and acknowledge that this is an over-the-counter course. It requires no medical supervision. Anyone can purchase the program(s) offered by the Company without any screening beforehand. There is no doctor-patient relationship in any way when purchasing any product offered by the Company at any time for any reason. You take full responsibility for any and all effects and actions that may happen as the result of purchasing and following any product/program from the Company.
Strictly speaking: Under no circumstances are the purchasers of any product or program offered by The Company to discontinue their pharmaceutical medications that have been prescribed by their primary care practitioner (PCP). The Company does not recommend, suggest, or state that altering what your PCP has prescribed to you is a good idea. If you are feeling improvement in your state of health, then it is the express recommendation of the Company to seek advice from your prescribing PCP. The Company takes no responsibility for any side effects or health alterations that may occur due to your purchase, and subsequently following instructions of any product, program, or supplement offered by the Company and any of its Services.
Indemnification
You agree to indemnify, defend and hold harmless the Barbara Rush Trust, Gascor Formulas™, and the OHHB course(s), its officers, directors, employees, shareholders, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees and court costs) relating to or arising out of your use of or inability to use the Company or its Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, in which event
you will fully cooperate with The Company in asserting any available defenses.
Binding arbitration and class action waiver
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL
RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Initial Dispute Resolution
Our Customer Support Department is available by email at theohcourse@gmail.com to address any concerns you may have regarding the Service. Our Customer Service Department is able to
resolve most concerns quickly to our customers' satisfaction. The parties shall use their best
efforts through this Customer Service process to settle any dispute, claim, question, or
disagreement and engage in good faith negotiations which shall be a condition to either party
initiating a lawsuit or arbitration. This includes providing all medical test results that were expressed earlier herein.
Binding Arbitration
All claims must be arbitrated. It is the intention of the parties that this agreement bind all parties whose claims may arise out of or related to the service provided by the Company. All claims for monetary damages exceeding the jurisdictional limit of the small claims court against the Company, must be arbitrated.
If the parties do not reach an agreed upon solution within a period of 30 days from the time of
informal dispute resolution under the Initial Dispute Resolution provision, then either party may
initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth
below. Specifically, all claims arising out of or relating to these Terms (including their formation,
performance and breach), the parties' relationship with each other and/or your use of the
Service shall be finally settled by binding arbitration administered by JAMS in accordance with
the provisions of its Comprehensive Arbitration Rules & Procedures, excluding any rules or
procedures governing or permitting class actions.
Procedures and Applicable Law: A demand for arbitration must communicate in writing to all parties. Each party shall select an arbitrator (party arbitrator) within thirty days and a third arbitrator (neutral arbitrator) shall be selected by the arbitrators appointed by the parties within thirty days of a demand for a neutral arbitrator by either party. Each party to the arbitration shall pay such party’s pro rata share of the expenses and fees of the neutral arbitrator, together with other expenses of the arbitration incurred or approved by the neutral arbitrator, not including counsel fees or witness fees, or other expenses incurred by a party for such party’s own benefit. The parties agree that the arbitrators have the immunity of a judicial officer from civil liability when acting in the capacity of arbitrator under this contract. This immunity shall supplement, any other applicable statutory or common law.
Either party shall have the absolute right to arbitrate separately the issues of liability and damages upon written request to the neutral arbitrator.
The parties consent to the intervention and joinder in this arbitration of any person or entity which would otherwise be a proper additional party in a court action, and upon such intervention and joinder any existing court action against such additional person or entity shall be stayed pending arbitration.
General Provisions: All claims based upon the same incident, transaction or related circumstances shall be arbitrated in one proceeding. A claim shall be waived and forever barred if (1) on the date notice thereof is received, the claim, if asserted in a civil action, would be barred by the applicable statute of limitations, or (2) the claimant fails to pursue the arbitration claim in accordance with the procedures prescribed herein with reasonable diligence.
Revocation: This agreement may be revoked by written notice delivered to the Company within 30 days, or signature. It is the intent of this agreement to apply to all services rendered any time for any condition.
If any provision if this arbitration agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and shall not be affected by the invalidity of any other provision.
I understand that I have the right to receive a copy of this arbitration agreement.
By my signature below, I acknowledge that I have received a copy.
NOTICE: BY CLICKING THROUGH TO PURCHASE THE SERVICE BEING OFFERED BY THE COMPANY, YOU ARE AGREEING TO HAVE ANY ISSUE OF DISPUTE/ARBITRATION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP YOUR RIGHT TO A JURY OR COURT TRIAL.
By clicking through to purchase any service offered by the Company, I agree on behalf of myself and my successors, hereby waive any and all claims, damages, action, and liabilities of any kind against the Company, its parents/landlords, affiliates, directors, owners, and associates arising out of or relating to my participation in the Company’s recommendations, and direction, including but not limited to any claim or medical complications, allergic reactions or failure to achieve my desired health goal.
The Company has made every effort to accurately represent the program and its potential. Each individual’s success depends on many factors, including his or her willing to do the work, get the necessary support, and desire to succeed. By signing below, you assume 100% responsibility for your results.
The Company welcomes your comments about these Terms and Conditions.
Please contact us at: