Evocative Wellness LLC & www.evocativewellness.com
Terms & Conditions
Please read these Terms & Conditions carefully and in their entirety before using evocativewellness.com (hereinafter referred to as the “Site”). The Site and its content are owned by Evocative Wellness LLC.
PURPOSE: These Terms & Conditions outline the rules, responsibilities, and expectations for using, viewing, and browsing the Site and/or purchasing, enrolling in, or downloading any course, product, service, or digital content offered by the Site or Company.
IMPORTANT NOTES:
By using the Site in any capacity, you voluntarily agree to these Terms & Conditions. You confirm that you have read (or had the opportunity to read), understood, and consented to the terms herein. If you have any questions, contact us at hello@evocativewellness.com.
You must be at least 18 years old and be able to consent to these Terms & Conditions. If you are under the age of 18, or you do not agree with these Terms & Conditions as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to the Terms & Conditions as stated herein, regardless of whether or not you have read these Terms & Conditions.
These Terms & Conditions also include a Binding Arbitration Clause (see Section 19) which requires that any legal disputes be resolved through arbitration rather than in court. By continuing to use this Site, you voluntarily waive your right to a jury trial.
By proceeding on the Site, you hereby agree to the following:
1.Definitions:
“Company”, “We”, “I”, “Our”, or “Us” means Evocative Wellness LLC and the Site, evocativewellness.com.
“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from Evocative Wellness LLC, and/or evocativewellness.com, and any and all written or downloadable material purchased, viewed, or otherwise offered by Evocative Wellness LLC and/or on evocativewellness.com, including, but not limited to, blog posts, graphics, downloads, hypnosis recordings, eBooks, guides, templates, courses, AI-based tools, and other materials created or shared by Us.
“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, payment details, IP address, or any other data voluntarily submitted or automatically collected.
"Purchase", "Purchased", "Purchasing", "Download", "Downloaded", or "Downloading" means any Content (as defined herein) or Courses, Services, and/or Products (as defined herein) you paid for and/or copied to your computer, hard drive, cloud system, or another process of downloading data, from this Site and/or its Courses, Services, and/or Products (as defined herein).
“Site, Courses, Services, and/or Products” refers to evocativewellness.com and any and all offerings or materials associated with it, including Content (as defined herein), including blog posts, courses, digital downloads, newsletters, hypnosis and mindset recordings, AI chatbot tools, email lists, consultations, quizzes, social media content, webinars or workshops, and future offerings from the Company.
“Site” means evocativewellness.com and any and all of its associated pages, subdomains, tabs, landing pages, forms, sub-pages, and related platforms.
“You” or “Your” means the individual who uses or accesses the Site, whether a visitor, customer, subscriber, or viewer.
2. Consent:
By using the Site and/or making any Purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms & Conditions, our Privacy Policy, and our Disclaimer.
By using the Site and/or making any Purchase, you represent and warrant that you are at least 18 years-old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms & Conditions and ourPrivacy Policy.
3. Site Rules:
By using the Site and/or making any Purchase, you hereby agree & consent not to:
• Harass, harm, or abuse any person through or on the Site
• Post or transmit content that is obscene, offensive, libelous, defamatory, pornographic, abusive, or otherwise unlawful, as well as content that infringes our intellectual property rights or those of another person, website, or company
• Use the Site in any way or for any purpose which violates any applicable local, state, or federal law of the United States
• Post or transmit any “spam,” phishing attempts, or unwanted, unsolicited content
• Post copyrighted materials, images, or content that you do not own or have rights to
• Use the Site to promote, sell, or advertise your own products or services without prior written permission
• Copy, download, share, post, reproduce, distribute, or transmit our intellectual property in any way that infringes on our intellectual property rights.
We reserve the right to remove content and restrict access at our discretion.
4. DISCLAIMER:
Evocative Wellness LLC provides educational content and wellness resources for informational purposes only. The information shared through this Site — including but not limited to digital products, downloads, blog posts, articles, hypnosis audios, mindset tools, nutrition education, and wellness resources — is not intended to diagnose, treat, cure, or prevent any disease or health condition. It is not medical, psychological, or mental health advice, and nothing provided should be construed as a recommendation or endorsement of any specific test, product, procedure, treatment plan, or course of action.
Lexy, the owner of Evocative Wellness LLC, holds a Master's degree in Human Nutrition and Functional Medicine and is a Certified Hypnotist and Certified Functional Medicine Health Consultant. She is also a Certified Nutrition Specialist (CNS) candidate, having passed the board exam and currently completing supervised practice hours toward full licensure. Her training includes advanced functional medicine coursework through the Kharrazian Institute and select training with the Institute for Functional Medicine (IFM).
Despite these qualifications, your use of this Site, its Content, or any purchases made does not create a practitioner–client relationship between you and Lexy or Evocative Wellness LLC. No individualized advice, diagnosis, or treatment is being provided.
Personalized consultations, if offered, are conducted solely through a secure, HIPAA-compliant platform and require a separate written agreement. Content provided on this Site is general in nature and is not a substitute for personalized professional care.
You agree to consult your physician, therapist, or other qualified healthcare provider before making any changes to your diet, exercise routine, supplements, medications, mental health practices, or overall wellness plan. Never disregard professional medical advice or delay seeking care because of something you have read or heard through this Site.
Statements regarding dietary supplements have not been evaluated by the U.S. Food and Drug Administration. All use of this Site and its Content is voluntary and at your own risk.
5. Your Consent to These Terms & Conditions:
By using this Site, or by Purchasing or Downloading from our Site, Courses, Services, and/or Products, you implicitly and voluntarily agree to these Terms & Conditions as stated herein.
6. Changes To These Terms & Conditions:
We reserve the right to change, amend, or otherwise alter these Terms & Conditions at any time without notice to you. When changes are made to these Terms & Conditions, we will update the “Updated on” date at the bottom of this page.
It is your responsibility to review these Terms periodically. Continued use of the Site after any changes constitutes your acceptance of the revised Terms.
If you do not agree with these Terms, please do not use the Site or its Content.
7. Links to Third-Party or External Websites:
The Site may contain links to external or third-party websites for reference or informational purposes. Evocative Wellness LLC is not responsible for the accuracy, policies, or practices of these external sites.
You are solely responsible for reviewing and agreeing to the privacy policies, terms, and disclaimers of any third-party websites you visit through links on our Site.
8. Intellectual Property Ownership:
The Site and its Content are intellectual property solely owned by Evocative Wellness LLC. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws.
No part of this Site or its Content may be reproduced, copied, republished, uploaded, posted, transmitted, distributed, or otherwise used without express written permission from the Company.
Any unauthorized use will be pursued to the fullest extent permitted by law.
9. Our Limited License to You:
By viewing, accessing, or purchasing from the Site, Courses, Services, and/or Products, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that all Content -Site, Courses, Services, and/or Products- are the intellectual property of the Company. Our Content, Site, Courses, Services, and/or Products have been written, created, drafted, invented, and developed by us after a significant investment of time, money, education, hard work, and brainpower. The Site, Courses, Services, and/or Products are extremely valuable to us, both professionally and personally, and we take the protection of our Site, Courses, Services, and/or Products very seriously.
You are granted a revocable, non-transferable license for personal, non-commercial use only. You may not copy, reproduce, modify, share, sell, republish, upload, or distribute any materials from this Site without express written consent from the Company.
Violation of this license is a breach of these Terms & Conditions and our Privacy Policy and may result in legal action to the fullest extent permitted by law.
10. Your License to Us:
By submitting content (e.g. comments, questions, or messages) on the Site, or submitting documents to Evocative Wellness LLC via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain.
You grant Evocative Wellness LLC a non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, and adapt that content for business or promotional purposes in any way We see fit, including testimonials or social proof, unless otherwise agreed in writing.
11. Purchase & Access Terms:
When you purchase, download, or access any Content from the Site, Courses, Services, and/or Product from the Site, you agree and understand that you cannot copy, share, sell, distribute, or reproduce the material, whether free or paid, in any format.
You are responsible for safeguarding your access credentials and for ensuring materials are not unintentionally shared or misused. Sharing your access or distributing materials is strictly prohibited and may result in legal action. Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.
12. Sharing the Site & Its Content:
You may not share, distribute, or use the Site or its Content for commercial purposes without prior written consent from Evocative Wellness LLC. To request permission, please email us at hello@evocativewellness.com.
You are welcome to share Site content for personal or educational purposes, but must credit the original source by linking directly to the Site. This includes any use of our graphics, blog content, photos, videos, audio, or other Content. You are required to give Us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs.
You may not represent the Site or its Content as your own, imply that you contributed to it, or suggest affiliation with Evocative Wellness LLC without express permission.
13. Assumption of Risk
By viewing, accessing, purchasing, or otherwise engaging with any content, product, course, service, or offering from Evocative Wellness LLC, you acknowledge and agree that you are doing so voluntarily and at your own risk. You are solely responsible for your decisions, actions, implementation, and results. No guarantees are made regarding outcomes, results, or specific improvements.
All content provided is for educational and informational purposes only. The Company does not provide medical, legal, or financial advice, and nothing shared should be construed as such. You are encouraged to exercise your own judgment, seek appropriate professional guidance, and consult a licensed provider or professional before making any health, lifestyle, or wellness decisions.
Evocative Wellness LLC is not liable for any direct or indirect consequences of your actions, choices, or reliance on the information provided. You agree to hold the Company harmless from any and all claims arising out of your use of the Site, Courses, Services, Products, or any related materials.
By continuing to engage with our offerings, you confirm that you take full responsibility for how you choose to use any information, tools, or resources provided by the Company.
14. No Claims Made Regarding Results:
Any testimonials, reviews, or examples shared on the Site or through our marketing materials represent individual experiences. They are not guarantees of results, and outcomes may vary significantly based on many individual factors.
Evocative Wellness LLC makes no claims or assurances that you will achieve the same or similar results as any other individual.
15. DISCLAIMER - No Warrantees, Guarantees, or Representations Are Being Made:
We do not offer any warranties, of any variety, regarding the Site, Courses, Services, and/or Products, and/or your Purchase or Download, in any way. The Site, Courses, Services, and/or Products, and/or your Purchases or Downloads are offered “AS IS” and without warranties of any kind, neither express nor implied, to the fullest extent permitted by law.
We do not guarantee the accuracy, completeness, or reliability of any information or materials presented on the Site or in connection with our Services.
16. Your Release of Us:
By using the Site or Purchasing, Downloading, or using Evocative Wellness LLC’s Courses, Services, and Products, you agree to release, forgive, waive, and forever discharge Evocative Wellness LLC, its officers, subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, losses, judgments, costs and/or expenses, whether known or unknown, both legal and equitable in any manner, that may arise from or relate to your use of the Site or any of our offerings.
17. Errors & Omissions:
We make every effort to provide up-to-date accurate information both on the Site and through our services. However, due to the complexity of the issues we cover, and the evolving nature of health, wellness, and educational information, Evocative Wellness LLC does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times.
You should do your due diligence, research, and consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up-to-date.
18. Our Refund Policy:
We are committed to delivering quality content and services. However, due to the digital nature of our offerings and the time investment involved in services:
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All purchases of digital products (e.g., downloads, courses, audios) are non-refundable.
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Coaching, consulting, or hypnosis sessions that have been rendered are non-refundable.
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Refunds will not be granted for failure to use a purchased service or product.
If you have questions or concerns about a purchase, please contact Lexy at hello@evocativewellness.com. We will always do our best to resolve issues reasonably and fairly.
19. ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Site or Evocative Wellness LLC’s Courses, Services, and/or Products, please contact us first by emailing Lexy at hello@evocativewellness.com so that we can attempt to resolve the issue amicably.
If we are unable to reach a resolution, you agree that you and Evocative Wellness LLC shall submit your dispute to binding arbitration with theAmerican Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”)rules.
By agreeing to this clause, you acknowledge that you are waiving your right to a jury trial in court. If an arbitration hearing is required, it shall take place within 50 miles of San Diego, California, unless otherwise mutually agreed.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of California. The only award that can be issued to you is a refund of any payment made to Evocative Wellness LLC for the applicable Product or Service in question. You are not permitted to seek additional damages, including consequential, punitive, or emotional damages.
20. Consent to Governing Law:
These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the State of California.
21. Consent to Jurisdiction:
You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of California or a state court located within the State of California in connection with any matter arising out of these Terms & Conditions, Privacy Policy, Disclaimer or as a result of your use, Download, or Purchase from the Site, Courses, Services, and/or Products.
22. Consent to Service:
You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of California, and you waive any objection which you might otherwise have to service of process under the laws of the State of California.
23. Payment & Purchases:
When you Purchase or Download one of our Courses, Services, and Products from us or the Site, you may pay by [PAYMENT METHOD YOU ACCEPT]. By doing so, you authorize Evocative Wellness LLC to automatically charge your selected payment method for the full amount at the time of purchase. You will receive an electronic receipt following your Purchase, which you should retain for your records.
Installment plans:
If you elect the installment or “pay over time” option at checkout, you agree that Evocative Wellness LLC has permission to automatically charge, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout.
Failed Payments:
If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our Courses, Services, and Products. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your Purchase.
Chargebacks:
We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Purchase or Download of our Courses, Services, and Products, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.
Third-Party Processors:
Payment processing companies (e.g. Stripe, Paypal, etc.) may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies or any issues that arise due to your use of those platforms. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.
You agree to release and hold harmless Evocative Wellness LLC from any and all damages or liability related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.
24. Limitation of Liability:
Evocative Wellness LLC shall not be held liable for any damages arising out of or related to your use, purchase, or download of the Site, Courses, Services, and/or Products, or Content. This includes, but is not limited to, direct, indirect, incidental, consequential, special, exemplary, or punitive damages—even if we were advised of the possibility of such damages.
You agree to use the Site and its Content at your own risk. We do not assume liability for any loss, injury, damage, or adverse outcomes resulting from your use—or misuse—of the information provided.
To the fullest extent permitted by law, your sole and exclusive remedy for any claim relating to your use of the Site, Courses, Services, and/or Products is to stop using them.
For more information, please review ourDisclaimer andPrivacy Policy.
25. Defense & Indemnification
You shall, at all times, indemnify, defend, and hold harmless Evocative Wellness LLC, Lexy, and all of our shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against any and all losses, damages, injuries, delays, deaths, lost profits, costs, and expenses arising out of any proceeding (a) brought by either a third-party or by Evocative Wellness LLC and its owner Lexy (b) arising out of your breach of your obligations, representations, warranties, or covenants under these Terms & Conditions or thePrivacy Policy; and (c) arising out of any alleged breach or negligence said to have been committed by Us.
26. Termination of Your Use
We reserve the right to terminate or suspend your access to the Site, Courses, Services, or Products at our sole discretion and without notice if you abuse, violate, or breach these Terms & Conditions, our Privacy Policy, Disclaimer, or any other policies referenced herein.
27. Entire Agreement
These Terms & Conditions, along with our Privacy Policy and Disclaimer, constitute the entire agreement between you and Evocative Wellness LLC with respect to the Site, Courses, Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, Courses, Services, and/or Products.
28. Severability
The provisions of these Terms & Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms & Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.
29. Your Privacy & Security on the Site:
Please review our Privacy Policy to understand how we collect, use, and protect your personal information.
30. Contact
If you have any questions or concerns regarding these Terms & Conditions, you may contact us using the following information:
• Evocative Wellness LLC
• Website: evocativewellness.com
• Email: Lexy at hello@evocativewellness.com
• Business Address: 681 San Rodolfo Drive #1018 Solana Beach, Ca 92075
Updated on: April 13, 2026