Agreement between User and www.desiretolivenow.com
Welcome to www.desiretolivenow.com. The www.desiretolivenow.com website (the “Site”) is
comprised of various web pages operated by Desire To Live Now, LLC (“D2LN”).
www.desiretolivenow.com is offered to you conditioned on your acceptance without modification
of the terms, conditions, and notices contained herein (the “Terms”). Your use of
www.desiretolivenow.com constitutes your agreement to all such Terms. Please read these terms
carefully, and keep a copy of them for your reference.
www.desiretolivenow.com is an E-Commerce Site.
The purpose of this website is to 1.) Provide information about Desire To Live Now, LLC 2.)
Provide information about services and products sold by Desire To Live Now, LLC 3.) Provide
general wellness education and 4.) provide Ecommerce for Desire To Live Now, LLC.
Visiting www.desiretolivenow.com or sending emails to D2LN constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.
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 any other person or entity. You acknowledge that D2LN is not responsible for
third party access to your account that results from theft or misappropriation of your account.
D2LN and its associates reserve the right to refuse or cancel service, terminate accounts, or
remove or edit content in our sole discretion.
Children Under Thirteen
D2LN does not knowingly collect, either online or offline, personal information from persons under
the age of thirteen. If you are under 18, you may use www.desiretolivenow.com only with
permission of a parent or guardian.
Cancellation Fee: I understand that a cancellation fee of $30.00 will be charged for any
appointment not cancelled at least 24 hours prior to appointment time.
No Guarantees: I am aware that no practice of medicine is an exact science, and I acknowledge
that no guarantees can or have been made to me as to the results of diagnoses, care, treatment, or
examination by Tracey Mixon, or her employees or medical staff of her practice.
Notice as to Possible Non-Coverage of Services: I understand that because of the
nonconventional nature of D2LN services, insurance reimbursement may not be available. My
insurance company may not pay for office visits where the focus of the consultation is on wellness,
herbal, homeopathic, bioidentical hormone or other complementary and alternative (“CAM”)
medical services. Some of the lab tests that are ordered, particularly those that are used in support
of wellness consultations or are kits sent to labs may also not be reimbursed.
Supplements/CBD/Apparel or Other Products Returns Policy: Our policy is valid for a period of 30 calendar days
from the date of the purchase. We do not offer refunds however you can return the product for an
exchange. If the period of 30 days has lapsed since the purchase, we can’t, unfortunately, offer
you an exchange.
The following criteria must be met to qualify for an exchange:
Product is defective
Product must be in original packaging
Product must be unused
In order to ensure the above criteria has been met, all returns will be inspected. If the product does not meet the listed criteria, we reserve the right not to issue an exchange. Perishable goods are completely exempt from being returned. Only regular priced items may be exchanged, unfortunately sale or clearance items cannot be exchanged. To complete your exchange, we require a receipt, purchase order or other proof of purchase. Please note that without the aforementioned proof of purchase, we will not do an exchange.
In order to return an order, you must contact us first for instructions. You will be responsible for paying for the shipping costs with regard to the items that you wish to exchange. We will not refund the shipping costs.
You must take care to ensure that the goods are properly packaged so that they will not be damaged while in transit. If the product is found damaged or used beyond what it takes for us to reasonably inspect it, then we may reject an exchange.
Links to Third Party Sites/Third Party Services
www.desiretolivenow.com may contain links to other websites (“Linked Sites”). The Linked Sites
are not under the control of D2LN and D2LN 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. D2LN is providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by D2LN of the site or any association with its operators.
Certain services made available via www.desiretolivenow.com are delivered by third party sites
and organizations. By using any product, service or functionality originating from the
www.desiretolivenow.com domain, you hereby acknowledge and consent that D2LN may share
such information and data with any third party with whom D2LN has a contractual relationship to
provide the requested product, service or functionality on behalf of www.desiretolivenow.com
users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
use of the Site, you warrant to D2LN that you will not use the Site for any purpose that is unlawful
or prohibited by these Terms. 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. You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of D2LN or its suppliers
and protected by copyright and other laws that protect intellectual property and proprietary rights.
You agree to observe and abide by all copyright and other proprietary notices, legends or other
restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
D2LN 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 D2LN and the
copyright owner. 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 D2LN or our
licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively, “Communication
Services”). You agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service,
you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information; upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another’s computer; advertise or
offer to sell or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes
or chain letters; download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete
any author attributions, legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is uploaded; restrict or inhibit
any other user from using and enjoying the Communication Services; violate any code of conduct
or other guidelines which may be applicable for any particular Communication Service; harvest or
otherwise collect information about others, including e-mail addresses, without their consent;
violate any applicable laws or regulations.
D2LN has no obligation to monitor the Communication Services. However, D2LN reserves the
right to review materials posted to a Communication Service and to remove any materials in its
sole discretion. D2LN reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever.
D2LN reserves the right at all times to disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, in D2LN’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. D2LN does not control or endorse the content, messages
or information found in any Communication Service and, therefore, D2LN specifically disclaims
any liability with regard to the Communication Services and any actions resulting from your
participation in any Communication Service. Managers and hosts are not authorized D2LN
spokespersons, and their views do not necessarily reflect those of D2LN.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials Provided to www.desiretolivenow.com or Posted on Any D2LN Web Page
D2LN does not claim ownership of the materials you provide to www.desiretolivenow.com
(including feedback and suggestions) or post, upload, input or submit to any D2LN Site or our
associated services (collectively “Submissions”). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting D2LN, our affiliated companies and
necessary sublicensees permission to use your Submission in connection with the operation of their
Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish
your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
D2LN is under no obligation to post or use any Submission you may provide and may remove any
Submission at any time in D2LN’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
Third Party Accounts
You will be able to connect your D2LN account to third party accounts. By connecting your
D2LN account to your third party account, you acknowledge and agree that you are consenting to
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the continuous release of information about you to others (in accordance with your privacy settings
on those third party sites). If you do not want information about you to be shared in this manner,
do not use this feature.
The Service is controlled, operated and administered by D2LN from our offices within the USA. If
you access the Service from a location outside the USA, you are responsible for compliance with
all local laws. You agree that you will not use the D2LN Content accessed through
www.desiretolivenow.com in any country or in any manner prohibited by any applicable laws,
restrictions or regulations.
You agree to indemnify, defend and hold harmless D2LN, its officers, directors, employees,
agents and third parties, for any losses, costs, liabilities and expenses (including reasonable
attorney’s fees) relating to or arising out of your use of or inability to use the Site or 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. D2LN 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 D2LN in asserting
any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and D2LN agree otherwise, the arbitrator may not consolidate
more than one person’s claims, and may not otherwise preside over any form of a representative
or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. DESIRE TO LIVE NOW, LLC AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
DESIRE TO LIVE NOW, LLC AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF
ANY KIND. DESIRE TO LIVE NOW, LLC AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL DESIRE TO LIVE NOW, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF DESIRE TO LIVE NOW, LLC OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
D2LN reserves the right, in its sole discretion, to terminate your access to the Site and the related
services or any portion thereof at any time, without notice. To the maximum extent permitted by
law, this agreement is governed by the laws of the State of Texas and you hereby consent to the
exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use
of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all
provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and D2LN as a result of this agreement or use of the Site. D2LN’s performance of this
agreement is subject to existing laws and legal process, and nothing contained in this agreement is
in derogation of D2LN’s right to comply with governmental, court and law enforcement requests
or requirements relating to your use of the Site or information provided to or gathered by D2LN
with respect to such use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and D2LN with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and D2LN
with respect to the Site. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express wish to the parties
that this agreement and all related documents be written in English.
Changes to Terms
D2LN reserves the right, in its sole discretion, to change the Terms under which
www.desiretolivenow.com is offered. The most current version of the Terms will supersede all
previous versions. D2LN encourages you to periodically review the Terms to stay informed of our
D2LN welcomes your questions or comments regarding the Terms:
Desire To Live Now, LLC
1409 North Bishop Street A7
San Marcos, Texas 78666
Effective as of January 01, 2021