Terms of Engagement & Scope of Services

Last updated: October 2025
This page outlines the terms, disclaimers, and disclosures for Daisy Fields Company and Tam John, FNTP. It includes refund policies, scope of practice, affiliate transparency, intellectual property rights, and dispute resolution. It is intended to provide transparency, legal clarity, and trust for all visitors, clients, and partners.

We believe that trust begins with transparency.

These terms are here to protect your experience, honor our shared integrity, and ensure clarity in every layer of our work together.

Daisy Fields Company—where trust is cultivated, and wellness is elevated naturally.

Terms + Earnings Disclaimer

TERMS OF PURCHASE

Daisy Fields Company | dba EatRight-LiveWell™ (aka EatRight-LiveWell)

Business Offerings: Functional Nutritional Therapy; Reseller, affiliate and distributor for various products and services including but not limited to Nutritional, Nutrigenomic and Metabolic Testing, Nutritional and Dietary Supplements, Richway and Fuji Bio Inc products including but not limited to Biomat® and BioAcoustic Mat™.

If you do not understand this document please seek legal counsel before purchasing products or entering into an agreement for Functional Nutritional Therapy Services. Use of Daisy Fields Company services and products implies you have read, understand and agree to the policies described herein.

Calls, conversations and meetings with people inquiring about Daisy Fields Company business offerings or interpretation of Nutritional, Nutrigenomic, Trace Elements Hair Tissue Mineral Analysis or Metabolic Testing results is not medical advice. Neither Daisy Fields Company nor Tam John provides Medical Nutrition Therapy. Tam John is not a licensed Nutritionist or Dietician. Tam John is a Functional Nutritional Therapy Practitioner | FNTP. The Company and Functional Nutritional Therapy Practitioner is not trained or licensed to provide medical diagnoses, and no comment or recommendation should be construed as being a medical diagnosis. The Company cannot guarantee any specific result from its programs and offers. A license to practice Nutritional Therapy is not required in Colorado.

Functional Nutritional Therapy is a specific service that is provided based on a detailed invoice. Specific medical advice should be obtained from a licensed health care practitioner.

You may attend a seminar or workshop led by Tam John. These are generalized informational services and not intended to provide functional nutritional therapy guidance, medical or healthcare advice, and not medical nutrition therapy. The information we provide has not been evaluated by the US FDA | Food and Drug Administration. Always seek out the advice of your board-certified Physician before making any dietary or lifestyle changes to your regimen.

By engaging with Daisy Fields Company | EatRight-LiveWell and Tam John for any products and services with merchant payment systems or providing cash or check payment via mail, in person, verbally or agreeing electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by Tam John (“Functional Nutritional Therapy Practitioner”), acting on behalf of Daisy Fields Company (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

Before you, the Client, choose to use the services / purchase the products offered by the Company and Functional Nutritional Therapy Practitioner please read the following information fully and carefully. If you do not understand the agreement, seek legal counsel before you proceed with Company and Functional Nutritional Therapy Practitioner.

This page outlines the terms, disclosures, and privacy practices of Daisy Fields Company and its affiliated brands. It is intended to provide transparency, legal clarity, and trust for all visitors, clients, and partners.

TERMS OF PURCHASE and SCOPE OF SERVICES

1. Upon an individual or entity requesting and paying for services and business offerings described on the website and/or through verbal or written communication, the Company and Functional Nutritional Therapy Practitioner agrees to provide services and products in accordance with the Company and Functional Nutritional Therapy Practitioner’s business offerings.

2. The scope of services rendered by the Company and Functional Nutritional Therapy Practitioner pursuant to this contract shall be solely limited to those contained therein and/or provided for on Company and Functional Nutritional Therapy Practitioner’s Website https://www.tamjohn.com

3. Company and Functional Nutritional Therapy Practitioner reserves the right to substitute services equal to or comparable to the offered services and products for Client if reasonably required by the prevailing circumstances.

4. If Functional Nutritional Therapy is the specific service being provided, a detailed invoice will be provided stating the scope of service. The Client agrees to be open, present, follow the guidance and prepared to complete and evolve the work in on-going consultations. The Client is responsible for his/her own success and implementation of objectives. Clients are responsible for providing accurate information and following recommendations at their discretion.

5. The content included in the business offerings is for your individual / specified group, non-commercial use. The Client agrees not to share guidance and materials with any third parties.

6. The Company and Functional Nutritional Therapy Practitioner reserves the right to end a Functional Nutritional Therapy Client engagement at any time for any reason.

7. One to one personalized Client engagement includes the following:

1. Regular scheduled meetings per business invoice and emails.

2. Reasonable in between meeting support via email, phone, and text at the Functional Nutritional Therapy Practitioner’s sole discretion.

3. At Functional Nutritional Therapy Practitioner’s discretion other materials, support and/or bonus materials may be included.

4. Personalized meal plans, nutritional and metabolic testing, and supportive products such as supplements are extra services and products which are provided with their own business invoice.

SUPPLEMENTATION DISCLAIMER

8. Nutritional and Dietary Supplementation: Functional Nutritional Therapy Practitioner primary recommendations are real lively food intended to support Client personalized energetic wellness wishes. Functional Nutritional Therapy Practitioner requests Client to communicate nutritional and dietary supplementation they are consuming. Sometimes Functional Nutritional Therapy Practitioner recommends nutritional and dietary supplementation as a positive addition to this ‘food first’ nutritional program. Clients are unique individuals, and it is not possible to determine in advance how the Client will react to supplementation. Sometimes it is useful to adjust the Client program as it proceeds.

Client is encouraged to communicate and continue with meetings with Functional Nutritional Therapy Practitioner to evolve a productive course of nutritional therapy for Client.

If Client is under the care of a licensed healthcare provider, it is important that Client contact and alert them to their use of dietary and nutritional supplements and that they are working with a Functional Nutritional Therapy Practitioner. In some cases there are contraindications between pharmaceuticals and nutritional supplementation. It is up to the Client to discern any contraindications with the advice of their Physician or other Board-Certified licensed Provider. In some cases nutritional supplementation may support nutritional depletion pharmaceuticals can indicate. With a well-practiced nourishing food lifestyle, the need for medications may be reduced. Client is advised to always seek counsel from their Physician or other Board-Certified licensed Provider before adjusting or stopping pharmaceuticals. It is Client responsibility to keep their Physician informed of changes in their nutritional program and undergo required medical testing with your Physician or other Board-Certified licensed Provider.

If Client has any adverse physical, mental, or emotional reaction to the business offerings Company and Functional Nutritional Therapy Practitioner offers, discontinue their use immediately seek the appropriate services from Client Physician, emergency services or Board-Certified licensed Provider.

THIRD PARTY PRODUCT TERMS

For digital products, supplements, or testing kits: Services offered by Company and Functional Nutritional Therapy Practitioner are solely available for clients as a basis upon which a more holistic view of nutritional therapy can be offered. Testing services offered by Functional Nutritional Therapy Practitioner are not suggested to be medically required or diagnostic. Medically required testing services are outside the scope of Company and Functional Nutritional Therapy Practitioner.

9. Richway & Fuji Bio Inc products are invoiced and shipped direct from Richway & Fuji Bio Inc. Richway & Fuji Bio Inc has sole product manufacturing, shipping and warranty responsibility for their products and distribution. The Company is an independent distributor that places orders direct to Richway & Fuji Bio Inc for Client. The Company is a separate entity.

10. METHODOLOGY. The Client agrees to be open minded to Functional Nutritional Therapy Practitioner’s methods and partake in services as proposed. Client understands that Functional Nutritional Therapy Practitioner has made no guarantees as to the outcome of the Functional Nutritional Therapy sessions or guidance.

Refunds, Cancellations & Dispute Resolution

11. PAYMENT AND NO REFUND POLICY.

· Upon request of the buyer to become a Functional Nutritional Therapy Client, a business invoice will be emailed to the buyer.

· Client agrees to pay the Functional Nutritional Therapy Practitioner the full purchase amount detailed on the business invoice.

The buyer’s only right to a cancellation / refund. Otherwise all sales are final. Partial refunds are never available.

· The buyer is eligible to cancel any service purchased and paid for directly to the Company (supplement orders and Biomat® | Richway and Fuji Bio, Inc products are direct purchases from those businesses, separate from Company and Functional Nutritional Therapy Practitioner and are bound to the manufacturer/shipper policies that are available with your direct purchase with them) for a full refund within three full business days of the purchase as described herein. This is the buyer’s only right to cancel and obtain a refund. To receive the refund the buyer must contact Functional Nutritional Therapy Practitioner at Office@EatRight-LiveWell.com or via the Contact Us page https://www.TamJohn.com/contact specifying the request. The date and time stamp on the buyer communication will serve as the qualifying or disqualifying time to receive the refund by the original means of payment. The refund, within the three business days of Client payment date (determined by the date on the payment method), will be processed by the Company within 24 regular business hours (regular business hours are 9:00am-4:00pm MT/Colorado Monday through Thursday and closed on holidays). The posting / receipt date for a refund will depend on the card processor, bank check or other means of original payment processing time. Email confirmation will be sent to the buyer to confirm the cancellation/refund. If a confirmation is not received by the buyer, the Company did not receive the communication and therefore cannot process it. Call Us to communicate your request and written confirmation will be emailed. It is your responsibility to confirm the request has been received.

· Outside of the eligibility for a full refund within three full business days of the date on the payment method, ALL SALES ARE FINAL. PARTIAL REFUNDS ARE NEVER AVAILABLE.

· The non-refundable offer is to support the client’s success to develop a practical approach to meeting their nutritional therapy goals. Sustainable change is a process that takes practice and evolves over time. The intellectual property and time invested by the Company and Functional Nutritional Therapy Practitioner for the client cannot be returned.

· Fulfillment of services will begin as soon as is practicable (or as soon as the client is available to be scheduled) after the third full business day.

· The Company and Functional Nutritional Therapy Practitioner may choose to extend to established clients an advance of services while a payment check is enroute to us. In the event a payment check does not arrive by the date a client specifies, and the client does not immediately provide payment and / or fulfill their request to extend services detailed on the business invoice, the financial charge to the client is $14.95 per minute of the Functional Nutritional Therapy Practitioner’s time for online and email consultation services. Payment is due immediately.

· Returned/cancelled payment checks result in a $75 fee due immediately.

PERSONALIZED TESTING TERMS

· Personalized Nutrition Tests are ordered on the fourth business day; or if payment is received after the fourth business day from payment date, the test is ordered the first business day after as the payment is received (may be longer determined by receipt of postal mail). See Personalized Nutrition Tests including Nutrigenomic Tests, Trace Elements HTMA and ZRT Labs Metabolic testing payment and refund policy below in this document for ordering and payment details.

Chargeback Policy & Delinquent Account Reporting

We value mutual respect and transparency in all client relationships. To protect the integrity of our services and intellectual property, we’ve outlined our chargeback policy below.

· Since the Company has a clear and explicit Refund Policy that the Client has been provided prior to completing the purchase of Functional Nutritional Therapy or other products and services, the Company and Functional Nutritional Therapy Practitioner do not tolerate or accept any type of chargeback threat or actual chargeback from Client’s credit card company or payment processor or other action to receive money back. Buyer’s remorse is not accepted as a reason for a chargeback, either actual or a threat. If a chargeback is placed on a purchase or Company or Functional Nutritional Therapy Practitioner receives a chargeback threat during or after purchase, or other course of action to receive money back, Functional Nutritional Therapy Practitioner reserves the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on Client’s credit report score. The information reported will include Client’s name, email address, order date, order amount, and address. Chargeback abusers wishing to be removed from the database shall make the payment for the full amount of the chargeback or cease their action to receive money back.

· The Company and Functional Nutritional Therapy Practitioner understand that client circumstances may be a cause for extending service delivery. Extensions of time for a client to use services are available on a case by case basis, at the discretion of the Company and Functional Nutritional Therapy Practitioner.

Supplements and Richway and Fuji, Bio Inc. purchases are made directly through the shipper’s merchant processing and order systems. They are direct purchases from those businesses, separate from Company and Functional Nutritional Therapy Practitioner. Returns are eligible with the shipper’s policy and are outside the Company and Functional Nutritional Therapy Practitioner sphere of influence.

PERSONALIZED TESTING TERMS AND NO REFUND POLICY

Personalized Nutrition Tests including Nutrigenomic Tests, Trace Elements HTMA and ZRT Labs Metabolic testing payment and refund policy:

Nutritional and metabolic testing products and services can be paid for with a bank check or Zelle®. The Client agrees to pay to the Company the full purchase amount detailed on the business invoice.
The buyer is eligible to cancel any service purchased and paid for directly to the Company (supplement orders and Biomat®/all Richway & Fuji Bio, Inc products are direct purchases from those businesses, separate from the Company and Functional Nutritional Therapy Practitioner) for a full refund within three full business days from the date on the payment method. This is the buyer’s only right to cancel and obtain a refund. To receive the refund the buyer must contact the Company at Office@EatRight-LiveWell.com or via the Contact Us page https://www.TamJohn.com/contact specifying the request. The date and time stamp on the buyer’s communication will serve as the qualifying or disqualifying time to receive the refund by the original means of payment. The refund, within the three business days of the date on the payment method, will be processed by the Company within 24 regular business hours (regular business hours are 9:00am-4:00pm MT/Colorado Monday through Thursday and closed on holidays). Return of payment will be done through a bank check or Zelle® to mirror the payment method. The refund will be mailed to the Client address on file if a check, unless another address is provided by the Client in the refund request. A postmark will serve as the confirmation of return date. Email confirmation will be sent to the buyer to confirm the cancellation/refund and postmark date. If a confirmation is not received by the buyer, the Company did not receive the communication and therefore cannot process it. Call Us to communicate your request and written confirmation will be emailed. It is your responsibility to confirm the request has been received.

Outside of the eligibility for a full refund within three full business days of the date on the payment method, ALL SALES ARE FINAL. PARTIAL REFUNDS ARE NEVER AVAILABLE. It is not possible for us to reverse the purchase made with the testing laboratory.
Personalized Nutrition Tests are ordered on the fourth business day; or if payment is received after the fourth business day from payment date, the test is ordered the first business day after as the payment is received (may be longer determined by receipt of postal mail).

DISCLAIMERS. By participating in the Company and Functional Nutritional Therapy Practitioner services and products, Client acknowledges that the Functional Nutritional Therapy Practitioner is not a medical doctor, psychologist, or licensed by any State and their services do not replace the care of other professionals. Company business offerings and Functional Nutritional Therapy are in no way to be construed or substituted as psychological counseling or any other type of mental health therapy or advice.

Disclosures, Affiliate Relationships & Client Responsibility

DISCLOSURE STATEMENT as required under SB13-215 for Complementary and Alternative Health Care Practitioners in Colorado: As a Complementary and Alternative Health Care Practitioner, Functional Nutritional Therapy Practitioner is not licensed, certified, or registered by the state of Colorado as a health care professional. Functional Nutritional Therapy Practitioner is not a licensed medical physician and does not diagnose, treat, or prescribe medications for the treatment of illness or disease. Company and Functional Nutritional Therapy Practitioner services are provided in person, via email, phone or virtually/on-line are always restricted to complementary and alternative health care services intended for the care and maintenance of one’s most beneficial state of health.

1. Company and Functional Nutritional Therapy Practitioner recommends the Client seek the guidance of a Physician or other Board Certified and licensed Medical Professional before making changes to their regimen. Specific medical advice should be obtained from a licensed health care practitioner.

2. Client acknowledges that the Company and Functional Nutritional Therapy Practitioner has not and does not make any representations as to a future outcome of any kind that may be derived because of business offerings provided/received. Client accepts and agrees that Client is 100% responsible for results. The Company and Functional Nutritional Therapy Practitioner makes no representations, warranties, or guarantees verbally or in writing regarding Client’s performance.

Earnings Disclaimer & Affiliate Disclosure

AFFILIATE MARKETING: Company and Functional Nutritional Therapy Practitioner may make recommendations verbally and in writing through email, the website, consultations, presentations, classes, and marketing communications we distribute for products and services they use/have used and/or if they believe they may have merit for others. Company and Functional Nutritional Therapy Practitioner cannot guarantee any product or service’s effectiveness for anyone. Company and Functional Nutritional Therapy Practitioner advise each person to do their research before purchasing any product or service. When a person we have referred makes a purchase of a recommended product or service, Company may receive a percentage of the sale of monetary value or ‘credits’ as compensation at no additional cost to the purchaser. This disclosure is provided in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”

Any testimonials, results, or examples shown through Company and Functional Nutritional Therapy Practitioner’s website, programs, and/or services are only examples of what may be possible for Client. There is no assurance as to any particular outcome based on the use of Functional Nutritional Therapy Practitioner business offerings. Client acknowledges that Company and Functional Nutritional Therapy Practitioner has not and does not make any representations as to the success, wins or losses of any kind that may be derived because of use of participation in the services and products.

INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Client as part of the business offerings, the Company and Functional Nutritional Therapy Practitioner maintains all the copyright, other intellectual property rights and any other data or material used or subsisting in the business offerings that is ours. Client receives one license for personal use of any content provided by the Company and Functional Nutritional Therapy Practitioner. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company and Functional Nutritional Therapy Practitioner to the Client, nor grant any right or license other than those stated in this Agreement. The Company and Functional Nutritional Therapy Practitioner reserves the right to immediately remove Client from receiving services, without refund, if Client is caught violating this intellectual property policy.

The Company and Functional Nutritional Therapy Practitioner is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Client, their heirs, representatives, executors, administrators, or any other persons acting on Client’s behalf or on behalf of the Client estates have or may have by reason of this authorization.

NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates or others affiliated with Client directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory, critical of, or negative toward, the Company and Functional Nutritional Therapy Practitioner or any of its business offerings, subsidiaries, employees, agents or representatives.

GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

2. DISCLAIMER OF WARRANTIES. The information, education, and business offerings provided to the Client by the Company and Functional Nutritional Therapy Practitioner under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory, including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.

3. LIMITATION OF LIABILITY. By using Functional Nutritional Therapy Practitioner and Company’s business offerings, Client accepts all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that Functional Nutritional Therapy Practitioner will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the information provided. Client agrees that use of the website and business offerings is at their own risk.

4. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Colorado Springs, Colorado or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

5. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, regardless of the conflict of laws principles thereof. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and affect and shall in no way be affected, impaired, or invalidated.

6. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.

Privacy, Site Use & Legal Protections

TERMS OF USE

Daisy Fields Company

BY VISITING tamjohn.com, YOU ARE CONSENTING TO OUR TERMS OF SERVICE.

OVERVIEW

By using tamjohn.com, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms of Service. The terms “we,” “us,” and “our” refer to EatRight-LiveWell™/Daisy Fields Company (the “Company”), owner of tamjohn.com. Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein.

By using the Site, you agree to these Terms of Service, without modification, and acknowledge reading them. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms of Service with the modifications.

SITE USE

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter these Terms of Service.

You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

PURCHASE AND REFUND POLICY

REFUNDS ARE NOT AVAILABLE. ALL SALES ARE FINAL. REFER TO TERMS OF PURCHASE FOR DETAILS.

Since we have a clear and explicit Refund Policy in these TOU that you have agreed to prior to completing the purchase of services or products from Company and Functional Nutritional Therapy Practitioner we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase, or we receive a chargeback threat during or after your purchase, OR OTHER ACTION IS TAKEN TO RECEIVE MONEY BACK, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

Daisy Fields Company INTELLECTUAL PROPERTY

The Site contains intellectual property owned by Daisy Fields Company including, without limitation, trademarks, copyrights, proprietary information, and other intellectual property as well as the Daisy Fields Company/EatRight-LiveWell™ name, logo, all designs, text, graphics, photographs, other files, and the selection and arrangement thereof.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site content or intellectual property, in whole or in part without our prior written consent.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL DAISY FIELDS COMPANY OR FUNCTIONAL NUTRITIONAL THERAPY PRACTITIONER BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, DAISY FIELDS COMPANY FUNCTIONAL NUTRITIONAL THERAPY PRACTITIONER ARE NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF DAISY FIELDS COMPANY OR FUNCTIONAL NUTRITIONAL THERAPY PRACTITIONER HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL DAISY FIELDS COMPANY OR FUNCTIONAL NUTRITIONAL THERAPY PRACTITIONER CUMULATIVE LIABILITY TO YOU EXCEED $100.

THIRD PARTY RESOURCES

The Site may contain links to third-party websites and resources. You acknowledge and agree that Company and Functional Nutritional Therapy Practitioner are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold Company and Functional Nutritional Therapy Practitioner harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

RELEASE OF CLAIMS

In no event will the Company or Functional Nutritional Therapy Practitioner be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Site or its Content. You hereby release the Company and Functional Nutritional Therapy Practitioner from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.

Your participation, correspondence, or business dealings with any affiliate, individual or company found on or through our Site, all purchase terms, conditions, representations, or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible for or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.

We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Site and click on its information links or contact the Merchant directly.

You release Company and Functional Nutritional Therapy Practitioner, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase of our business offerings.

GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado within the United States of America, regardless of the conflict of laws principles thereof.

If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Colorado Springs, Colorado or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT

These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, or otherwise transferable by you. Any transfer, assignment, or delegation by you is invalid.

ENTIRE AGREEMENT; WAIVER; HEADINGS

This Agreement constitutes the entire agreement between you and Daisy Fields Company and Functional Nutritional Therapy Practitioner pertaining to the Site and business offerings and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Daisy Fields Company and / or Functional Nutritional Therapy Practitioner shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Daisy Fields Company. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

If you have any questions or concerns regarding these Terms of Service or any information contained herein, please Contact Us.

Last Updated: October 2025