Effective Date: September 9, 2022.

These Terms of Use govern the use of the website holistictn.com (the “Website”), operated by

The Holistic Collective (a Tennessee Limited Liability Company) (“Company”), any links to other

websites contained on the Website, and other online resources accessible via the Website.

By using the Website in any way, you agree to these Terms of Use. If you are using the

Website on behalf of another person, you represent that you are authorized to accept these

Terms of Use on that person’s behalf.

Company reserves the right, at any time, to modify, alter, or update these Terms of Use.

Modifications become effective immediately on being posted on the Website. Your continued

use of the Website after amendments are posted constitutes an acknowledgement and

acceptance of the modified Terms of Use. Except as provided in this paragraph, these Terms of

Use may not be amended.

The text to the right of each section below is aimed to give a plain English summary of what’s

contained in each section. Please ensure you read the entire agreement, as the plain

English wording on the right is just a summary.

1.   Disclaimer of Warranties

You expressly agree that use of the Website is at your sole risk. The Website is

provided on an “as is” and “as available” basis. To the fullest extent permitted by

applicable law, Company makes no representations or warranties of any kind,

express or implied, regarding the use or the results of the Website in terms of its

correctness, accuracy, reliability, or otherwise. Company will have no liability to

you or anyone else for any interruptions, errors, computer viruses or other harmful

components in the use of this Website. COMPANY DISCLAIMS ALL EXPRESS

OR IMPLIED WARRANTIES WITH REGARD TO THE WEBSITE AND THE

INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND

WARRANTIES OF NON-INFRINGEMENT. THIS INCLUDES LOSS OF DATA

OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO USE THE

CONTENT OF THIS WEBSITE. COMPANY DOES NOT WARRANT THAT ANY

CONTENT OR INFORMATION ACCESSED THROUGH THE WEBSITE WILL

BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE

CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT

AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Summary

Company makes no

guarantees or

warranties at all

regarding the Website

– including your ability

to access the website

or regarding any

content on the website.

2.   Limitations of Liability

UNDER NO CIRCUMSTANCES WILL CLIENT OR ANY OF ITS PARENTS,

SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, DIRECTORS,

EMPLOYEES, AGENTS, REPRESENTATIVES, SPONSORS OR SERVICE

PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,

INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR

Company disclaims all

liability in connection

with the Website. If

Company is found

liable regardless of this

PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF

REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO ANY USE

OF THE WEBSITE OR THE INFORMATION CONTAINED IN IT, OR THE

INABILITY TO USE THE WEBSITE, WHETHER SUCH DAMAGES ARISE IN

CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW,

OR OTHERWISE, EVEN IF COMPANY OR ITS REPRESENTATIVES HAVE

BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If, regardless of

the limitation of liability described in this Section, liability is imposed upon

Company, Company’s liability will not exceed one hundred dollars ($100). Some

jurisdictions do not allow for the limitation or exclusion of liability for incidental or

consequential damages. In those jurisdictions, Company’s liability is limited to the

greatest extent permitted by law.

disclaimer, the

maximum we’ll be

obligated to pay is

$100.

3. Accounts

You may have the option to create an account to participate in certain features of

the Website. If you are under the age of 18, you are not permitted to register as a

user or otherwise submit personal information to Company. If you create an

account, you agree to provide, maintain, and update true, accurate, current, and

complete information about yourself in the registration process. You are

prohibited from impersonating any person or entity or misrepresenting your

identity or affiliation with any person or entity, including using another person’s

username, password, contact information, or other account information, or

another person’s name, likeness, voice, image, or photograph. You must

promptly notify Company with any questions of any unauthorized use of your

username, password, other account information, or any other breach of security

that you become aware of involving or relating to the Website.

You might be able to

create an account on

the Website. If you do,

all information you

submit must be truthful

and lawful.

4.   Your Warranties

You warrant and represent that all content added to the Website by you or at the

instruction of you or your agents or representatives -- including, without limitation,

messages, text, illustrations, files, images, graphics, photographs, comments,

sounds, music, videos, information, and/or other content (“User Content”) is free

of third-party claims and does not infringe the rights of any third party. By adding

or uploading User Content, you warrant and represent that you own or otherwise

maintain all necessary rights in order to add or upload such User Content.

Basically, anything you

upload (“User

Content”) must be

lawful, non-infringing,

that kind of stuff.

5. Indemnification.

You will indemnify and hold Company and its parents, subsidiaries, affiliates,

members, officers, directors, employees, agents, representatives, sponsors, and

service providers harmless from any claim, demand, liability, loss, damages, or

cause of action, including reasonable attorneys’ fees and costs, made by any

third party due to or arising out of your breach of these Terms of Use or your use

of the Website. This indemnification and hold harmless provision extends to any

dispute between persons accessing the Website or between persons accessing

the Website and any third party linked to or from the Website. You will cooperate

as fully as reasonably required in the defense of any claim. Company reserves

the right, at its own expense, to assume the exclusive defense and control of any

matter otherwise subject to indemnification by you, and you will not in any event

If Company suffers

damage or is on the

receiving end of any

claim, lawsuit, etc. in

connection with your

breach of these Terms

of Use or your use of

the Website, you are

financially responsible

for all of that damage.

settle any such matter without Company’s written consent.

6. User Content

Company is not responsible or liable for any User Content on the Website. User

Content does not express the views of Company. Company does not guarantee

that it will edit or delete User Content. Company has the right, but not the

obligation, to monitor User Content. Company reserves the right to reveal your

identity (or whatever information Company knows about you) if a complaint or

legal action arises from your behavior on or through the Website. Unless

otherwise specified, Company does not claim ownership of the User Content on

the Website. You acknowledge that Company is not responsible for the accuracy

of any User Content and that you -- and not Company -- are solely responsible for

any User Content you post or upload to the Website. The User Content is not

intended to, nor does it constitute legal, professional, medical, or healthcare

advice or diagnosis, and may not be used for such purposes. Company provides

this Website for entertainment, informational, educational, and promotional

purposes only. You may not rely on any information and opinions expressed on

the Website for any other purpose. It is your responsibility to evaluate the

accuracy, timeliness, completeness, or usefulness of the content on this Website.

Under no circumstances will Company be liable for any loss or damage caused

by your reliance on any content on this Website.

You acknowledge that public forums offered on the Website, if any, are for public

and not private communications. You are and will remain solely responsible for

the content you post on these forums and the Website and for the consequences

of submitting and posting the same. You should be skeptical about information

provided by others, and you acknowledge that the use of any content posted on

the Website is at your own risk.

By posting or uploading User Content to this Website, you are granting Company

permission to use the User Content in connection with the Website and/or

Company’s promotional purposes. By submitting User Content, you also grant

Company the right, but not the obligation, to use your biographical information,

including, without limitation, your name and geographical location in connection

with broadcast, print, online, or other use or publication of your User Content in

connection with the Website or with Company. You waive any and all claims you

may now or later have in any jurisdiction to so-called “moral rights” with respect to

the User Content.

Company may discontinue operation of the Website, or your use of the Website,

in either case entirely or partially, in its sole discretion. You have no right to

maintain or access your User Content on the Website, and Company has no

obligation to return your User Content or otherwise make it available to you.

The rights granted by you under these Terms of Use may not be terminated,

revoked, or rescinded and are not subject to reversion. If you become aware that

User Content you have submitted includes any material for which you lack the

unrestricted right to grant Company the rights set forth above without obligations

or liability to any party, you must promptly provide Company with the proper

information to remove and rectify any such content.

User Content is content

uploaded by Website

users. Company isn’t

responsible for the

User Content in any

way. Use common

sense when relying on

User Content and

using public forums.

You allow Company to

use any User Content

you upload in

connection with the

Website and

Company’s

promotional purposes.

If we discontinue

operation of the

Website, your User

Content could be gone.

7.   Compliance with Laws and Prohibited Uses

You assume all knowledge of applicable law and are responsible for compliance

with all such laws. You may not use the Website in any way that violates

applicable state, federal, or international laws, regulations, or other government

requirements.

You are prohibited from posting or transmitting through the Website:

 material that violates or infringes on the rights of others, including, but not

limited to, any copyright, trademark, patent, trade secret, moral right, or

other intellectual property, personal, contractual, proprietary, or other right

of Company or of any other person or entity;

 material that impersonates another or is unlawful, threatening, abusive,

defamatory, invasive of privacy or publicity rights, vulgar, obscene,

profane, pornographic, lewd, filthy, excessively violent, harassing or

otherwise objectionable;

 material that encourages conduct that would constitute a criminal offense,

give rise to civil liability, or otherwise violate any applicable local, state,

national or international law or regulation;

 material that is an advertisement for goods or services or a solicitation of

funds;

 material that includes personal information such as messages that identify

phone numbers, social security numbers, account numbers, addresses, or

employer references;

 material that contains a formula, instruction, or advice that could cause

harm or injury; material that is a chain letter or “spam” of any kind;

 material that, if used by Company, would cause Company to be liable or

have obligation to a person or business; or

 material that could facilitate mail abuse or unsolicited email of any type

(spam)

 material that could facilitate scraping, or systematic retrieval of data or

other Website Content from this Website to create or compile a collection,

compilation, database, or directory without Company’s express prior

written permission is prohibited.

Company reserves the right to refuse service to you for violation of this Section or

any of these Terms of Use.

You absolutely,

positively, cannot do

these things in

connection with your

use of the Website.

8. Intellectual Property

Unless otherwise noted, all content on the Website is subject to Company’s

intellectual-property rights -- including copyrights and trademarks – or the rights of

All content on the

Website is subject to

Company’s licensors. Subject to these Terms of Use, Company grants you a non-

exclusive, non-transferable, limited right to access, use and view this Website and

the information on the Website, including, without limitation, all text, files, designs,

graphics, drawings, illustrations, images, photographs, video, music and sounds,

and/or other content and all trademarks, service marks and trade names used at

this Website (all together referred to as the “Website Content”), solely for your

own individual use. Despite the terms of the previous sentence, you may not, nor

may you allow others to, directly or indirectly sell, license, rent, reproduce, modify

or attempt to modify or create derivative works from the Website Content in any

way or reproduce or publicly display, perform, transmit or distribute or otherwise

use the Website Content for any public or commercial purpose, including, but not

limited to: use of the Website Content on any other website or platform. Except as

specifically provided in these Terms, Company does not license the right to use or

reproduce the Website Content to you, and all intellectual-property rights in the

Website are expressly reserved by Company.

Company’s intellectual

property rights. (Or the

rights of third parties

that have licensed

content to Company.)

9. Submission of Information

Although Company may provide certain security in an effort to protect the

electronic transmission of certain information that you submit to Company through

this Website, Company does not guarantee the security of any information

transmitted to or from this Website, including to or from any third-party websites

linked to this Website. Submission of any financial (e.g., credit card) or other

information to this Website or to any third-party websites linked to this Website is

entirely at your own risk and responsibility and is subject to Company’s Privacy

Policy.

Company can’t

guarantee the safety or

security of your

connection or of the

Website.

10. Privacy Policy

Registration data, if any, and other personal information about you is subject to

our Privacy Policy. By using the Website, you consent to the collection and use

of this information in accordance with the Privacy Policy.

We process personal

and payment

information according

to our Privacy Policy.

11. Restrictions on Use by Minors

If you are under 18, you may use this Website only under the supervision of a

parent or legal guardian. This Website is not intended or designed to attract

children under the age of 18. Company does not collect personally identifiable

information from any person Company actually knows is under the age of 18.

If you’re a minor, you

may only use this

website under parental

supervision.

12. Denial of Access

Company, for any reason and at its sole discretion, may decide to deny anyone

access to any part of the Website. By agreeing to these Terms of Use, you agree

to immediately cease and desist from any attempt to access the Website after

such a denial.

Company can deny

access to the Website

to anyone for any

reason.

13.   Modifications and Interruption to Service

Company will make its best efforts to provide uninterrupted service to the Company can’t

Website, but you acknowledge and accept that Company does not guarantee

continuous, uninterrupted, or secure access to the Website, and operation of the

Website may be interfered with or adversely affected by numerous factors or

circumstances outside of Company’s control.

guarantee

uninterrupted access to

the Website.

14.   Third Parties and Third-Party Sites

The Website may include links to advertisements or other sites on the Internet

that are owned, operated, and/or maintained by online merchants or other third

parties. You acknowledge that Company is not responsible for the availability of,

or the content located on or through, any third-party site. Company is not

responsible for the content, operation, or privacy practices of these other

websites, nor does it operate, control, or endorse the content found on these

third-party websites. Your use of these third-party sites is at your own risk, and it

is your responsibility to take all protective measures to guard against viruses and

other destructive elements. You should contact the site administrator or

webmaster for those third-party sites if you have any concerns regarding such

links or the content located on such sites. Your use of those third-party sites is

subject to the terms of use and privacy policies of each site. If a third-party links

to the Website, it is not necessarily an indication of Company’s endorsement,

adoption, authorization, sponsorship, affiliation, joint venture, or partnership with

that third party. Company makes no warranties or representations whatsoever

with regard to any product provided or offered by any vendor or other third party,

and your reliance on representations and warranties provided by any vendor or

other third party is at your own risk. You assume sole responsibility for your use

of third-party links. Company is not liable to you for any loss or damage of any

sort incurred as a result of your dealings with any third-party or their website.

Any link to an outside

website (or from an

outside website to the

Website) is not an

indication of

sponsorship or

approval or partnership

between Company and

that other website.

Outside websites have

their own terms and

privacy policies and

Company makes no

promises whatsoever

regarding any linked

websites.

15.   Venue and Governing Jurisdiction

The Website is operated and provided in the State of Tennessee. As such,

Company is subject to the laws of the State of Tennessee. Any legal issues

arising from or related to your use of the Website will be construed in accordance

with, and all questions with respect to such issues will be determined by, the laws

of the State of Tennessee applicable to contracts entered into and performed

within Tennessee. Any dispute arising out of or relating to these Terms of Use or

your use of or visit to the Website must be brought in the state or federal court

located in Rutherford County, Tennessee, as applicable. By using the Website,

and thereby agreeing to these Terms of Use, you consent to personal jurisdiction

and venue in the state and federal courts in Rutherford County, Tennessee with

respect to all such disputes. Company makes no representation that the Website

is appropriate, legal, or available for use in other locations. Accordingly, if you

choose to use the Website, you agree to do so subject to the internal laws of the

State of Tennessee.

Here are the state’s

laws that apply to these

Terms of Use and the

geographic location

where any disputes

must be brought.

16. Other Terms

If any provision of these Terms of Use is deemed by an appropriate court to be

unlawful, void, or unenforceable for any reason, the other provisions (and any

partially enforceable provision) will not be affected by that determination and will

Here are additional

miscellaneous terms

that apply to your use

of the Website.

remain valid, binding, and enforceable to the maximum possible extent. These

Terms of Use apply in addition to, and are not superseded by, any other written

agreement between Company and you in relation to the Website. Company’s

failure to insist on or enforce strict performance of any provision of these Terms of

Use do not constitute a waiver of any provision or right in the future. The Privacy

Policy is a binding part of these Terms of Use, and together with these Terms of

Use constitute the entire agreement between Company and you with respect to

your use of this Website. Any cause of action you may have with respect to your

use of this Website or that is the subject of these Terms of Use must be

commenced within one (1) year after the claim or cause of action arises. The

headings and summaries in these Terms of Use are for reference and

convenience only and do not affect the interpretation of these Terms of Use.