Terms and Conditions
Terms & Conditions
Last updated: August 4, 2023
*These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease.
GENERAL
Welcome to the website ("Site") of Gerlach Digital, LLC (“we”, “us”, “our” or “Gerlach Digital”). Please review the following terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms (the "Agreement"). If you do not agree to these Terms, you may not access or use the Site or order, receive, or use the products, or content made available through the Site (collectively, the “Products”).
We reserve the right to change or modify these terms at any time and in our sole discretion. Such changes or modifications will be effective immediately upon notice, which may be posted as a modified agreement on the Site with an updated “Last updated” date, or sent out via email. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Sites or order, receive or use the Products.
PRIVACY POLICY
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you. By using our website, you acknowledge that you have read and agree to the Privacy Policy.
NUTRITION AND ALLERGY DISCLAIMER AND LIABILITY WAIVER
We want you to be your healthiest, but we’re not doctors. You should always consult your doctor before making any changes to your health regime--including using Gerlach Digital products, or any programs from our affiliates, including Gerlach Digital, LLC.
By using Gerlach Digital products or services, you acknowledge that you are doing so at your own risk, and have consulted with your doctor or other health professional.
We do not claim our products, or services will alleviate, heal or cure any health condition or symptom. The content of this website and any product or service Gerlach Digital offers are not meant to diagnose, treat, prevent or cure any medical condition, and should not be used as a substitute for consulting a doctor or other health professional. Any information that you find on this website, on websites we link to, receive from our employees, suppliers, or agents by phone, email or other communication channel, or obtain through contacts you make through Gerlach Digital should be verified with your doctor. Consult your doctor with any specific health questions or problems you may have. If you think you have a medical emergency or any condition requiring immediate attention, call your doctor or 911 immediately. The statements made by Gerlach Digital on this website and products have not been evaluated by the Food and Drug Administration.
Our products are not intended for people with severe allergies. We do our best to accommodate allergies, but do not provide a product for people with medically-necessitated diets or severe allergies.
At times, we may allow you to submit questions either to us or to third parties who have agreed to communicate with our customers. Although we provide information about our products, neither our employees nor these third parties are authorized to provide medical or other professional advice. We also have not confirmed the qualifications of any third party who provides information through the Services, even if that third party lists his or her qualifications. As a result, you should never use the information you obtain on the Services for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider.
PRICING AND AVAILABILITY
All prices are shown in US dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with our various subscription plans, we will provide you with advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of your products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policies set forth in the “Cancellation of Subscription” section of these terms.
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific ingredients) without prior notice. We strive to provide you with high-quality Products, however if you are not satisfied, please contact us at support@drsethgerlach.com. Note that gifts with purchase during special programs are available on a first-come, first-serve basis and subject to availability.
Most products and services displayed at the Site are available only via online request in the United States while supplies last. Gerlach Digital does not ship internationally. In the case of international deliveries via third- party services, Gerlach Digital shall not be responsible or be held liable for delivery or use of the products once Gerlach Digital has delivered to specified U.S. destination.
PAYMENTS, BILLING AND PROMOTIONS
Payment is due upon purchasing your Gerlach Digital product. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or canceled. You must resolve any payment method problems before we proceed with your Order. If you want to change or update your payment method information, you can do so at any time by logging into your account. If a payment is not successfully settled and you do not edit your payment method information or cancel your Subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. You acknowledge that the amount billed may vary due to promotional offers, preferences you select, changes you make to your Subscription, or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.
By signing up for a subscription, you acknowledge and authorize Gerlach Digital to collect, save, and charge your provided payment method for future transactions on your account regarding your subscription. For more details on recurring billing, please see the section titled “CONTINUOUS SUBSCRIPTIONS.”
PROMOTIONS, REFERRALS, AND DISCOUNTS
If you are using a promotion or a discount code, please enter it at checkout to receive an immediate discount. Only one promotion or discount code may be used per order. Promotion or discount codes may be used on already discounted products, however we reserve the right to cease this practice at any time without notice. If you are using a discount code on a subscription program, once the first week of the subscription ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for the non-discounted price of your program (plus any applicable taxes and other charges) for as long as your subscription continues, unless you cancel your subscription prior to the cutoff date for any weeks of your program beyond the discounted week. Instructions for canceling your subscription are described in the “Cancellation of Subscription” section below. Please note that you will not receive a notice from us that the discounted week has ended, or that the full-priced portion of your subscription has begun. Holiday and other special promotions may, at the option of Gerlach Digital, carry specific terms and conditions, and we reserve the right to create, amend, and enforce said terms, conditions, and restrictions.
CONTINUOUS SUBSCRIPTIONS
WHEN YOU REGISTER FOR A PRODUCT SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) Gerlach Digital (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A MONTHLY BASIS FOR YOUR PRODUCT SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR PRODUCT SUBSCRIPTION CONTINUES, (B) THE AMOUNT YOU ARE CHARGED AND THE AMOUNT OF PRODUCT YOU RECEIVE EACH MONTH MAY VARY DEPENDING ON THE PREFERENCES YOU SELECT, AND (C) YOUR PRODUCT SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS.
CANCELLATION OF SUBSCRIPTION
YOU MAY CANCEL YOUR PRODUCT SUBSCRIPTION AT ANY TIME BY LOGGING IN TO YOUR ACCOUNT AND CANCELING SERVICE OR BY EMAILING OUR TEAM, AT SUPPORT@DRSETHGERLACH.COM. YOU CANNOT CANCEL YOUR FIRST MONTH’S ORDER, AND ALL FUTURE MONTHS MUST BE CANCELED BY THE WEEK PRIOR TO DELIVERY. YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR PROGRAM SUBSCRIPTION.
Orders can be canceled for a 100% refund up to 7 days prior to the start of your program. If you need to make changes to your first month, you must email support@drsethgerlach.com the week prior to request the change.
SHIPPING, HANDLING, AND DELIVERY
You agree to pay any shipping, handling, and delivery charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate these charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping and delivery are handled by a third party courier. When you purchase a subscription program or product from Gerlach Digital, shipping and delivery times shown on the Sites are estimates only. Actual delivery dates and times may vary. You agree that you will not obtain, or direct shipment of, a product for export.
DELIVERY DISCLAIMER
Gerlach Digital is not responsible for failed deliveries due to incorrect or incomplete addresses.
Once the delivery has been made based on your specifications, we are no longer responsible for any damage or delay on part of other persons, circumstances, or for the security of its contents. You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery.
Gerlach Digital is not responsible for damage or loss of personal property during deliveries if evidence of misconduct cannot be provided.
PROGRAM AND DELIVERY MODIFICATIONS
If you are traveling, you can reschedule your deliveries by signing into your account, or email us at support@drsethgerlach.com for help. We require that you let us know by Wednesday at midnight CST of any changes to be made for programs beginning the following week, including but not limited to paused delivery, delivery address changes, allergy changes, and delivery window changes.
RETURNS, REPLACEMENTS, REFUNDS, AND CREDITS
Products may be returned if in their original packaging, without any damage, broken seal, or suspicion of modification to the product, in the sole discretion of Gerlach Digital, LLC. All products must be returned within thirty (30) days of purchase (“Return Period”). After the Return Period has expired, all sales are final, and we will not accept returns or issue refunds.
If a product arrives damaged or you have concerns, please contact our Team (support@drsethgerlach.com). We do our best to ensure a flawless experience, and depending on the circumstances, we may, in our sole discretion, replace the products, provide you with a full or partial refund for the purchase price of the products, or provide you with a credit for that product that will be automatically applied to future deliveries under your subscription. If issued, a refund may take 3-5 business days to show up, depending on which bank you use. If you are provided with a credit for a future program, we may implement the credit in a variety of ways at our discretion, including extending the program for you ourselves, providing you with a discount code to use on a future order, or applying a credit to your account, which will be automatically deducted from your next payment. If you have any questions regarding the replacement, refund, and credit logistics, please reach out to us at support@drsethgerlach.com for help.
Refunds will not be issued for delays that are the result of factors outside Gerlach Digital's control, including but not limited to weather, traffic, and unexpected events as they relate to our delivery partners. If for any reason we have to cancel your delivery, you will be notified by email, and we will replace or refund your Order, in our sole discretion, in accordance with the paragraph above.
DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT GERLACH DIGITAL SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE AND OUR SERVICES.
INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD GERLACH DIGITAL, ITS EMPLOYEES, OFFICERS, MEMBERS, CONSULTANTS, AGENTS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING COSTS AND ATTORNEY’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THE SITE AND OUR SERVICES.
LIABILITY
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE, NOR OUR SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS, WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO: (1) THE SERVICES (INCLUDING ANY DELAY OR INABILITY TO USE THE SERVICES), (2) ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICES, OR (3) OUR REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
WE EACH AGREE THAT ANY DISPUTE PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
Your sole and exclusive remedy for any claims or disputes involving us that are not waived by these Terms will be to discontinue your use of the Services and to seek a refund of the money you paid to us, if any, during the three months preceding your initiation of the claim or dispute. (Such a refund, in any case, will be governed by the applicable refund policy and the terms of sale specified on the Services or in these Terms.)
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
SITE CONTENTS
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are protected by copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed to Gerlach Digital, LLC collectively, its subsidiaries and/or affiliates. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Gerlach Digital, LLC. Gerlach Digital, LLC may prosecute infringement to the full extent permitted under applicable law.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Gerlach Digital on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Gerlach Digital’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Gerlach Digital of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Gerlach Digital will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Gerlach Digital is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain, in the sole opinion of Gerlach Digital or its representatives, libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You agree that Gerlach Digital may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that Gerlach Digital may use your information for marketing and promotional purposes.
GERLACH DIGITAL COMMUNICATIONS TO YOU
You agree that Gerlach Digital may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any Gerlach Digital products or services, or for such other purpose(s) as Gerlach Digital deems appropriate. You have the option to opt-out of marketing communications.
COPYRIGHT
LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services and resources, the availability and content of which Gerlach Digital does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Gerlach Digital is not responsible and shall not be held liable for the use of any such content.
INACCURACY DISCLAIMER
From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
TERMINATION
This Agreement is effective unless and until terminated by either you or Gerlach Digital. Gerlach Digital may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Gerlach Digital's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Gerlach Digital, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
USE OF WEBSITE
As a user of this website or a user/registrant of any of this website’s services, you agree:
Unless indicated to the contrary and subject to your strict compliance with these Terms, you may access and use this website only for personal, non-commercial use, or in connection with your authorized purchase or sale of our products and services. In connection with these uses, Company grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to: access, copy, download, display, view, use, play and/or print one (1) copy of the Content made available on the Services on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, an “Internet Device”), provided that you: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, “re-mailing” or high-volume or automated use of Services is prohibited.
We reserve the right to withdraw or change website features at any time and by any means without prior notice. This may result or be resultant from a mistake, malware, technical issue, glitches, fraudulence, illegal involvement, tampering, or any other reason that interferes with or prohibits the appropriate conduct of this website, company, or campaigns. However, Gerlach Digital, LLC will not be held liable for these issues or any and all damages they may cause. We reserve the rights to change the pricing structure on any product we choose, at any time and without prior warning.
You acknowledge that all the emails, phone number, credit card and other information you provide us belongs to you and you are not using any fake information.
No Harassment of Employees or Agents – You agree that you will not harass, pressure or threaten any agents or employees that are responsible with providing products and services to you.
THIRD PARTY AFFILIATIONS
LINKS TO THIRD PARTY SITES AND POSSIBLE AFFILIATE RELATIONSHIPS
Healthyandfreeshop.com and drsethgerlach.com contain links to other sites or electronic services that are not operated by our family of companies. These links are provided as a convenience to you. However, we do not represent that we have endorsed or evaluated the information on those other sites or electronic services. Your relationship with the operators of these third-party sites is governed by the terms and conditions and privacy policy, if any, of those sites, and not by these Terms. Therefore, you should review those documents before using the third-party services.
While this website recommends certain online resources for wellness and independent business building, neither its creators nor its owners can or will promise any results from the purchase of, or even the faithful following of, such third-party products and programs. While generally speaking, the adherence to reputable health and business advice will yield more positive results than those realized by less enthusiastic participation, each person’s experience will vary and a lack of expected results will not create any liability on the part of Courtney Bursich or Gerlach Digital, LLC, or of any successor in interest.
Recommendations of third party entities may be accompanied by an affiliate relationship between those entities and Gerlach Digital, LLC. At all times when such relationships exist, Gerlach Digital, LLC, will endeavor to provide proper notice to any audience member exposed to a recommendation, whether written or oral, to a third party with whom Gerlach Digital, LLC enjoys an affiliate relationship. However, given that such communication may have occurred before or after your own witnessing of the recommendation, unless an affiliate relationship is specifically disclaimed by Gerlach Digital, LLC, please assume that all such recommendations carry some form of incentive towards Gerlach Digital, LLC, though nonetheless they may be carefully curated and recommended in good faith with the best interests of the audience and customer base of Gerlach Digital, LLC, in mind.
Gerlach Digital, LLC, is an affiliate of Gerlach Digital, LLC and you should assume there is an incentive between the two companies for promoting information, products or services, however we do not represent that we have endorsed or evaluated the information on the Gerlach Digital site or electronic services. Your relationship with the operators of healthyandfreeshop.com is governed by the terms and conditions and privacy policy of their site, if any, of that sites, and not by these Terms. Therefore, you should review those documents before using Gerlach Digital, LLC services.
Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on Services retrieved in searches and/or listed in search results or identified on search results pages.
PAYMENTS
Payments for products and services from the Company are made through third party resources, including Stripe and Shopify. The Company cannot be held liable for any breach of security or protocol by these third-party entities, and in using them, you agree that if you are damaged in some way as a result of their behavior, that you will pursue only the party that is directly involved in a breach of your information, and will hold the Company and Courtney Bursich harmless in such matters.
TESTIMONIALS
If you voluntarily choose to share your personal story on the testimonial page, any identifying information that you do provide will be publicly posted and you would irrevocably absolve the Company and Courtney Bursich from any liability for your own public disclosure on that forum. Should you decide after the fact that you were mistaken in posting your personal information publicly, you may contact support@drsethgerlach.com with a request to remove the testimonial. The removal will be effected within a commercially reasonable period of time, but under no circumstances longer than 7 days.
GENERAL
Termination of Usage
We may suspend or terminate any user’s access to all or any part of the healthyandfreeshop.com website including any account thereon, without notice, for any reason in our sole discretion. Upon termination of this agreement and/or your access to our products and services, you will immediately destroy any copies of any Content, whether in printed or software format.
Jurisdiction and Venue
The laws of the State of South Carolina govern these Terms and any dispute of any sort that may arise between you and the Company or its affiliates, without regard to conflict of laws rules, as if entered into by residents of South Carolina and fully performed therein. You irrevocably consent to the jurisdiction of the state and federal courts located in or serving Charleston County, South Carolina for any action relating to the Services or these Terms. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Services or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
We make no representation that Content on any Services is appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
Changes to These Terms of Use
We reserve the right, in our sole discretion, to change these Terms at any time by posting revised terms on the Services. It is your responsibility to check periodically for any changes we may make to these Terms. Your continued use of the Services following the posting of changes to these terms or other policies means you accept the changes.
Entire Agreement; Severability; No Waiver
These Terms, together with the Privacy Policy incorporated within them by reference and any policies that we post on the Services, constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. If any provision of these terms is deemed unlawful, void or unenforceable, the remaining provisions will remain in place and the invalidated provision will be deemed replaced by an enforceable provision that most closely reflects the intent of the parties.
Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of that right or provision or any other rights or provisions included within the Terms.
Acknowledgment
These Terms of Use, including all documents referenced herein, represent the entire understanding between you and Gerlach Digital, LLC regarding your relationship with healthyandfreeshop.com and Gerlach Digital, LLC, and supersedes any prior statements or representations. When visiting the healthyandfreeshop.com website or making a purchase therefrom, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.