Terms of Use

OROFACIAL MYOFUNCTIONAL THERAPY PROGRAM

 

Please read the Terms of Use for the Program carefully and in their entirety before purchasing and using a personalized orofacial myofunctional therapy exercise program provided by Hygethics LLC dba Reveal Myo Therapy or any of our contractors (hereinafter referred to as the “Program”). The Program and its content are owned by Sara Mercier + Hygethics LLC dba Reveal Myo Therapy.

 

1. Definitions:

 

“Company”, “We”, “I”, “Our”, or “Us” means Sara Mercier + Hygethics LLC dba Reveal Myo Therapy.

 

“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.

 

“You” “User” or “Your” means the purchaser and person using the Program.

 

“Orofacial Myofunctional Therapy” “Myofunctional Therapy” or “Orofacial Myology” means the wellness and exercise modality that attempts to optimize oral rest posture through exercises.

 

“Orofacial Myofunctional Therapist” “Myofunctional Therapist” or “Orofacial Myologist” means a person who teaches exercises that attempt to achieve or optimize oral rest posture.

 

“Proper Oral Rest Posture” means at rest, the lips are together, the teeth are slightly parted and the tongue is fully resting on the roof of the mouth.

“Orofacial Myofunctional Disorder” means the abnormal patterns involving oral and orofacial musculature that interfere with the normal growth, development or function of orofacial structures.

 

 

2. Consent:

 

By participating in the Program, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms of Use.

 

 

3. DISCLAIMER:

 

By participating in the Program, you understand that Sara Mercier is an orofacial myofunctional therapist, also known interchangeably as a myofunctional therapist or an orofacial myologist. Her active registered dental hygienist (RDH) license and dental hygiene education (BSDH) were required as prerequisites to receive training in and completion of an orofacial myofunctional therapy program, but in no way is she practicing or implying to practice dentistry, dental hygiene or using her professional license in any capacity when operating as a myofunctional therapist. Sara Mercier is not your dental hygienist or dental provider and you do not have a medical or dental provider/patient relationship. Orofacial myofunctional therapists are not medical doctors, dentists, dental hygienists, speech language pathologists, psychologists/psychiatrists, or other licensed, registered or recognized providers of health care, nor are they medical professionals. You are expected to discuss any changes to your health, diet, supplement regimen or exercise regimen with your physician, dentist or another medical professional first before trying them.

 

This Program is for informational and educational purposes only. The information and education provided in this Program is not intended or implied to supplement or replace professional medical treatment, advice, and/or diagnosis. The nature and purpose of myofunctional therapy is to achieve proper oral rest posture through a series of orofacial muscle exercises.

 

It is recommended that before beginning any wellness plan or orofacial myofunctional therapy program, you notify your primary care physician or other licensed providers of healthcare of your intention to use wellness and exercise program services, the nature of the wellness and exercise program services to be provided, and any wellness plan that may be utilized. It is also recommended that you ask your primary care physician or other licensed providers of health care about any possible drug interactions, side effects, risks or conflicts between any medications or treatments prescribed by your primary care physician or other licensed providers of health care and the wellness and oral rest posture training and exercise services you intend to receive.

 

Although we do our best to make sure all of the Program’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Program’s information, or its safety or efficacy as it applies to you. You should review any and all changes to your diet, lifestyle, exercise regimen, or supplement routine with your medical professional(s).

 

Sara Mercier can be reached directly by telephone at +1 (702)751-4977, by mail at 11700 W. Charleston Blvd. #170 Box 798, Las Vegas, NV 89135, or by email at sara@revealmyotherapy.com

 

 

4. Assumption of the Risk:

 

YOU MUST ENSURE YOU ARE PHYSICALLY CLEARED BY YOUR PHYSICIAN AND/OR DENTAL PROVIDER TO PARTICIPATE IN THE PROGRAM BEFORE PARTICIPATING. If you have any pain, injuries, or limitations, please have these conditions cleared by your physician before attempting to participate in the Program.

 

By participating in the Program, you are assuming the risk of participating in it and agree to only participate if medically cleared to do so.  We are not responsible or liable for your participation in the Program.

 

 

5. Intellectual Property Ownership:

 

The Program and its content, including, but not limited to, the exercise and program handouts, files, and recorded sessions. are intellectual property owned by Sara Mercier + Hygethics LLC dba Reveal Myo Therapy.  Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

If you view, purchase or access our Website or any of its Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

As a Licensee, you understand and acknowledge that this Website and its Content have been developed or obtained by us through the investment of significant time, effort and expense, and that this Website and its Content are valuable, special and unique assets of ours which need to be protected from improper and unauthorized use. We clearly state that you may not use this Website or its Content in a manner that constitutes an infringement of our rights or that has not been authorized by us.

 

When you purchase our Program or access our Website or any of its Content, you agree that:

 

  • You will not copy, duplicate or steal our Website or Content. You understand that doing anything with our Website or its Content that is contrary to these Terms and conditions and the limited license we are providing to you herein is considered theft, and we reserve our right to prosecute theft to the full extent of the law.

  • You are permitted from time to time to download and/or print one copy of individual pages of the Website or its Content, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the Content was obtained.

  • You may not in any way at any time use, copy, adapt, imply or represent that our Website or its Content is yours or created by you. By downloading, printing, or otherwise using our Website Content for personal use you in no way assume any ownership rights of the Content - it is still our property.

  • You must receive our written permission before using any of our Website Content for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link or any other electronic means) any Website Content because that is considered stealing our work.

  • We are granting you a limited license to enjoy our Website and its Content for your own personal use, not for your own business/commercial use or in any way that earns you money, unless we give you written permission that you may do so.

 

The trademarks and logos displayed on our Website or its Content are trademarks belonging to us, unless otherwise indicated. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

 

All rights not expressly granted in these terms or any express written license, are reserved by us.

 

 

6. Your License to Us

 

By posting or submitting any material on or through our Website such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.

 

When you voluntarily submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorized by us, consent to make it part of our current or future Website and its Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You may, however, at any time, ask us to delete this information. Your rights regarding this personal information can be found in our Privacy Policy.

 

You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Website or in our Content at any time for any reason.

 

 

7. Request for Permission to Use Content

 

Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made BEFORE you wish to use the Content by completing the “Contact Us” form on this Website, or by sending an e-mail to sara@revealmyotherapy.com.

 

We very clearly state that you may not use any Content in any way that is contrary to these Terms and Conditions unless we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission. If you choose to use the Content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Website and its Content.

 

 

8. Digital Millennium Copyright Act

 

We respect others’ copyright and intellectual property rights. However, if you believe that the Content on this Website infringes upon any copyright owned by you and was posted on our Website without your authorization, you may provide us with notice requesting that we remove the information from the Website. Any request should only be submitted by you or an agent authorized to act on your behalf to sara@revealmyotherapy.com.

 

 

9. No Sharing:

 

You cannot distribute, copy, forward, and/or share the Program or its content with anyone else. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.

 

You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Program, you will be removed from the Program immediately and no refund will be issued.

 

10. No Claims Made Regarding Results:

 

Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.

 

Nothing in this agreement promises or implies that proper oral rest posture will be achieved or any orofacial myofunction disorders, other than proper oral rest posture, will be directly treated or attempted to be remedied. Possible remedy or improvement of orofacial myofunctional disorders may result if proper oral rest posture is achieved or optimized. We will try our best to instruct our clients how to achieve proper oral rest posture, however, due to the multifactorial nature of the Program including client health status, dedication to the exercise regimen, and follow through with referrals to other wellness specialists and/or healthcare providers, personal results and outcomes may vary. The Myofunctional Therapist’s role is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment, and follow-through. The Myofunctional Therapist cannot predict, nor can they guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Program and Website.

 

 

11. DISCLAIMER - No Warrantees, Guarantees, or Representations Are Being Made:

 

We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law.  We are not liable for damages of any kind related to your use of the Program.

12. Your Release of Us, Indemnification, Hold Harmless:

 

To the fullest extent permitted by law, Hygethics LLC dba Reveal Myo Therapy expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Program, its materials, our website, or any other information obtained by you from us. By enrolling in the Program, you hereby agree to this limitation of liability and release Hygethics LLC dba Reveal Myo Therapy from any and all claims.

 

By participating in and/or purchasing the Program, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless Hygethics LLC dba Reveal Myo Therapy, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Program and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.

 

By enrolling in the Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Hygethics LLC dba Reveal Myo Therapy as stated in this section herein.

 

13. Our Refund Policy:

 

We will do everything within our ability (and within reason) to ensure your satisfaction. The Myofunctional Therapist expects that the Client will do the same. Refunds for the Program will not be issued. If, for any reason, the Myofunctional Therapist is unable to fulfill her obligations to the Client, the Client will be refunded in full for any part of the Program paid for but not yet rendered. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Sara Mercier at sara@revealmyotherapy.com.

 

 

14. ARBITRATION CLAUSE:

 

If you have any complaint or should any issue arise in the use of the Program or www.revealmyotherapy.com, please contact us directly first by emailing Sara Mercier at sara@revealmyotherapy.com.

 

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Sara Mercier + Hygethics LLC dba Reveal Myo Therapy shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.

 

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 20 miles of Las Vegas, Nevada.

 

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 Nevada. The only award that can be issued to you is a refund of any payment made to Hygethics LLC dba Reveal Myo Therapy for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.

 

 

15. Limitation of Liability:

 

Sara Mercier + Hygethics LLC dba Reveal Myo Therapy are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Program. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Program or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

 

16. PAYMENT, PURCHASE, AND PAYMENT PLAN TERMS  

 

a. General Payment Terms:

 

When you pay for the Program by credit card, you authorize and give permission to Hygethics LLC dba Reveal Myo Therapy to charge your credit or debit card for the amount owed for payment of the Program. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchants PayPal, SimplePractice, or Wix, (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours. Hygethics LLC dba Reveal Myo Therapy is not responsible for the merchant’s independent policies or practices.

 

 

b. Payment Plan Terms / Failed Payment Procedures:

 

Should you choose to purchase the Program via our payment plan option at checkout (hereinafter the “Payment Plan”), you are hereby consenting to your credit card being automatically charged 30 days apart for 3 MONTHS to complete your total payment.

 

If you choose the Payment Plan to purchase the Program, you hereby authorize and give permission to Hygethics LLC dba Reveal Myo Therapy to automatically charge your credit card, debit card, or PayPal account, as payment for the Program, for which you will receive an electronic receipt, at the time and interval in which payment is due without any additional authorization from you.

 

We will not contact you to seek any additional authorization, approval, or permission before charging your card for each installment of the Payment Plan.

 

By choosing the Payment Plan, you agree and understand that ALL monthly payments are owed in full. There are no exceptions. No refund requests or stop payments will be granted or accepted.

 

c. Failed Payment Plan Payments / Re-charge procedures:

 

By signing up for the payment plan, your card will automatically be re-charged two (2) days apart for your remaining payments. Please plan accordingly.

 

If your payment-plan payment fails on the 1st attempt:

In the event that your Payment Plan payment is not successfully made on your due date, your credit card will automatically be re-charged after a 2-day grace period to make your payment of the Program.

 

If your card was accidentally not updated or available to be processed at the time we attempted the initial charge, you’ll have that 2-day grace period to update your card information with any penalty or losing access to the Program.

 

After 2nd failed payment:

Your access to the Program will be temporarily suspended and you will not be able to access the Program at all until you successfully complete your payment. We will attempt to re-charge your credit card in two (2) days.

After 3rd failed payment:

Your access will still be suspended, pending your successful completion of your owed late payment. In two (2) days, we’ll attempt to charge your card.

 

4th and final attempt to make payment:

The 4th attempt is the final attempt to collect your payment before the matter is forwarded to collections. If the 4th payment fails, you will be permanently removed from the Program and no refund will be given.

 

When choosing the payment plan options, you consent to being responsible

for ALL payments owed under the Program terms.

 

 

17. Severability

 

The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

 

18. Entire Agreement

These Terms of Use contains the entire agreement between you and the Company. There are no other promises or conditions in any other agreement (oral or written) between you and the Company.

19. Choice of Law + Venue

These Terms of Use shall be governed by the laws of the state of Nevada. Any action brought by any party arising out of or from these Terms shall be brought within the Nevada, County of Clark.

 

By purchasing and/or participating in the Program, you implicitly signify your agreement to all of the terms in these Terms of Use.

 

If you have any questions about the Terms of Use, please contact Sara Mercier at support@revealmyotherapy.com. Thank you.

 

 

Updated On: May 25, 2021