ALTER HEALTH TERMS & CONDITIONS

 

ALTER HEALTH TERMS & CONDITIONS

Please read these Terms & Conditions prior to placing an order, purchasing an online product, or enrolling in a program with Alter Health LLC (“Alter Health” “we”, “our” or “us”), including, without limitation, our Thrive on Plants program, our Practitioner Program, any of our Community Cleanses or any other course or program offered now or in the future by Alter Health. 

The Terms & Conditions are a legal agreement between you and Alter Health that you enter into when you purchase any of our products or programs, and govern your use of all Alter Health products, offerings, material, and programs, whether delivered by shipment or accessed online, including, but not limited to, Alter Health course content, instructional materials, videos, tutorials, use and access to websites and related Alter Health resources and services made available to you by Alter Health. You must agree to these Terms & Conditions before establishing an account with Alter Health, ordering or enrolling into a program with Alter Health. By clicking “I accept", or by enrolling into a program with Alter Health, you agree to be bound by these Terms & Conditions. If you do not agree with these Terms & Conditions, do not click "Confirm Order", "Submit Order", "I accept" and/or “I agree”.

GENERAL:

By purchasing any Alter Health materials or enrolling in a program through Alter Health, you are legally bound to these Terms & Conditions. The prices, terms and offerings on the Alter Health website are subject to change at any time without notice.

INFORMATION AND EDUCATION ONLY; NOT MEDICAL ADVICE:

Our products, programs, courses, and cleanses (“our Programs”) are for informational and educational purposes only and are not to be perceived as or relied upon in any way as medical advice for any individual. Our Programs are NOT intended as, and must not be understood as or construed as, medical care or advice, the practice of medicine or naturopathic medicine, the practice of dietetics, the practice of counseling care including, without limitation, psychiatry, psychology, psychotherapy, or as providing any form of medical diagnosis or treatment. Furthermore, our Programs are not intended to and do not diagnose, treat, cure or prevent any disease or medical condition. 

While Dr. Susanna Alter and Dr. Benjamin Alter are naturopathic doctors licensed in the State of Colorado, and our Programs relate to health and nutrition, they are only educational in nature, and NO naturopathic medical services are provided on or through our Programs or to any participant in our programs or cleanses, unless that individual works separately with Dr. Susanna or Dr. Benjamin as a patient in Colorado. Information presented in our Programs is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. 

Your enrollment in any of our Programs, including your access to information provided in the Program or implementation of any suggestions set out in the Program or Program Materials, DOES NOT create a doctor-patient relationship between you and Dr. Susanna or Dr. Benjamin, or any doctor or professional that may be associated with the Program. 

You should not rely on our Programs as a substitute for the professional medical advice, diagnosis, or treatment from a qualified healthcare provider who is familiar with your individual situation. Do not disregard, avoid or delay obtaining medical advice from a licensed medical or health professional because of something you have read, viewed or heard on or in any of our Programs. Always seek the advice of your qualified health care provider with any questions you have regarding a medical condition or your health and prior to changing any medications, taking any herbal or dietary supplements, using any treatment for a health problem, or undertaking any significant changes to your health care regimen. 

Because we expressly recommend that you seek advice from a licensed medical or health care professional who has knowledge of the facts and circumstances of your individual situation, the use of any information provided in our Programs is solely at your own risk. Alter Health shall not be held liable or responsible for any errors or omissions in our Programs or for any damage you may suffer because of failing to seek competent medical advice from a licensed medical or health care professional who has knowledge of the facts and circumstances of your individual situation. 

Information and statements in our Programs regarding dietary supplements and products have not been evaluated by the Food and Drug Administration. Any dietary supplements or products which may be mentioned in our Programs are not intended to diagnose, treat, cure or prevent any disease.

YOUR ALTER HEALTH ONLINE ACCOUNT:

Prior to creating an account with Alter Health, you will be required to provide certain information. When establishing your Account, you agree to provide complete and accurate information to Alter Health and to permit Alter Health to store and use your registration data for use in maintaining your Account. You agree to protect your username and password, as well as any access codes and product codes provided by Alter Health, and not share them with others or permit any unauthorized use of the Alter Health Materials. By establishing an Account, you certify and represent that you will be the person enrolling in the program for which you have registered and that any attestations which you are required to complete in connection with the foregoing will be completed only by you.

INTELLECTUAL PROPERTY OWNERSHIP AND LIMITED LICENSE TO YOU:

Our Programs, including without limitation, the words, design, layout, look, appearance, graphics, photos, images, information, materials, documents, data, videos and video files and recordings, voice/audio files and recordings including downloadable Mp3 audio files, webinars and recorded webinars, emails, downloadable PDFs, worksheets, workbooks, forms, guides, questionnaires, e-books, handouts and slides, and all other similar materials and all other information and intellectual property accessible on or through our Programs and any website or e-mails we may use to distribute or host the Program or any part thereof, as well as the look and feel of all of the foregoing (collectively, the “Alter Health Materials” or “Program Materials”) are the property of and solely owned by Alter Health or our affiliates, licensors, successors-in-interest, assignees, or suppliers unless otherwise noted, and are protected by copyright, trademark and other laws that protect intellectual property and proprietary rights. 

When you purchase any of our Programs, Alter Health is granting you a limited, revocable, non-transferable, non-exclusive license to access and use the Program and Program Materials for your own personal, non-commercial use ONLY. This license is limited to you only for your personal use, and NOT for your business or commercial use or in any way that earns you money. 

You are NOT permitted to share any Program Materials with your friends, family, colleagues, or any other person. If they would like access to the Program, they must purchase their own license to the Program separately.

This means that when you purchase any of our Programs, you may watch, listen to, download and/or print Program Materials for your own personal use, BUT you are NOT permitted to copy, duplicate, reprint, republish, reproduce, share, sell/re-sell, display, disclose, or redistribute any part of the Program or Program Materials with or to friends, family members, colleagues, or any other third party, or use any Program Materials for commercial purposes or in any way that earns you money. For avoidance of doubt, this means you may NOT adapt or represent any part of the Program in any way as if it is yours or created by you and you may not reprint or republish any part of the Program and Program Materials for publication or compilation into your own products, programs or services for business or commercial use or in any way that earns you or a third-party money.

Furthermore, you may not hypertext, frame or inline link to any part of the Program or Program Materials, nor may you state or imply any sponsorship, endorsement by, or ownership of the Program or Program Materials. 

You understand that purchasing, downloading, printing, or otherwise using any of our Programs in no way gives you any copyright, trademark, intellectual property or ownership rights in the Program or Program Materials. It is still the property of Alter Health. 

Any trademarks and logos displayed on the Programs and Program Materials are trademarks belonging to Alter Health unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without the express written permission of Alter Health.

You agree to abide by all copyright notices and restrictions contained on www.alter.health, on the Alter Health Materials and in accordance with these Terms & Conditions. You may not alter the text or remove any trademark or other notice displayed on the Alter Health Materials. 

All rights not expressly granted in these Terms & Conditions or any express written license, are reserved by Alter Health.

UNAUTHORIZED USE AND INFRINGEMENT:

You agree to use Alter Health Materials only as permitted under these Terms & Conditions and any terms delivered with the Alter Health Materials. Any violation of these Terms & Conditions will be considered unauthorized use, infringement and theft (“Unauthorized Use and Infringement”) and may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your license to use Alter Health Materials and Alter Health reserves the right to prosecute for theft and to enforce Alter Health’s rights to the full extent of the law. If Alter Health reasonably suspects that you have violated these Terms & Conditions, or if you have not paid fees any fees that are due and payable by you to Alter Health, then, without notice to you, Alter Health may terminate your license, and your Account and deny you further access to Alter Health Materials. Upon termination of this license, you shall cease all use of the Alter Health Materials and remain liable for paying all amounts that may be due and payable by you to Alter Health. Alter Health reserves the right to modify, suspend, remove, or disable access to any Alter Health Materials at any time without notice and in no event will Alter Health be liable for making any such changes.

In the event of your Unauthorized Use and Infringement, you agree to pay liquidated damages of the greater of five (5) times the total fees paid for the Program or $5,000.00, in addition to any legal or equitable remedies Alter Health may be entitled to pursue. This is not a penalty but an agreed upon liquidated damages charge for Unauthorized Use and Infringement.     

You agree that any violation or threatened violation of by you of the Intellectual Property Rights terms in these Terms & Conditions would cause irreparable injury to Alter Health that may not be adequately compensated by damages, entitling Alter Health to obtain injunctive relief, without bond, in addition to all legal remedies.

You are not permitted to share your username and/or password or access to your Program account with anyone at any time. If Alter Health has reasonable grounds to suspect that you have provided false information including a false e-mail address, shared your username and/or password with anyone else, provided anyone else access to your account or forwarded any non-public material from the Program to any other person, Alter Health reserves the right to immediately suspend or terminate your account and your access to the Program including without limitation, any community platform such as for example, private forums, the membership sites, Facebook Groups, or any other related communications, and to refuse any and all current or future use of the Program or any Program Materials, in whole or in part, without refund. 

PAYMENT:

Alter Health accepts payment in the form of credit card or PayPal. Monthly payment programs may be offered for some programs at Alter Health. If for any reason payments do not go through, Alter Health has the right to place an account on hold in which case an individual will be unable to access or complete any online material until payment is received and approved. Alter Health has the right to reject any order and/or to limit quantities on any order, for any reason at its sole discretion.

RETURNS AND REFUNDS:

Once you have agreed to the Terms & Conditions and the enrollment policy for the Program that you are purchasing, there are no refunds, exchanges or transfers under any circumstance for any Alter Health Programs. For fulfillment errors in ordering contact Alter Health within 24 hours of placing your order for approval. Sales promotions and discounts coupons may not be combined, nor may they be applied after purchase/enrollment.

Alter Health education, training and certification program enrollment, program fees, course Materials, and shipping fees are non-reusable and non-returnable. No exceptions. All students are afforded the opportunity to complete the Program they have enrolled in a reasonable time frame. There are no refunds if you choose not to complete an Alter Health Program in which you have enrolled.

ALTER HEALTH CERTIFICATIONS: 

Certification is available for the Alter Health Plant Based Mind Body Coach Certification program only. This certification is unaccredited though may be used at the discretion of the individual to promote their practice. Alter Health makes no claims or warranties regarding the legality of practicing any trade including health coaching and nutrition in any state. Practitioners are solely responsible for determining that their practice is legal based on their education, training and licensure as applicable.

CONFIDENTIALITY POLICY AND PRIVACY:

Except as permitted by these Terms & Conditions and the Alter Health website Privacy Policy, no member of Alter Health or Alter Health employee shall divulge confidential member information without the express written consent from those individuals unless required by law. All member inquiries will be conducted only with enrolled candidates other than as allowed by Alter Health Privacy Policy.

COMMUNITY FORUMS AND FACEBOOK GROUPS:

Please note that Alter Health does not monitor and does not have any obligation to monitor the any of our community forums, including Facebook groups, that are part of any of our Programs. We do not monitor posts, comments, or material submitted by Program participants. The views of any users or participants do not necessarily reflect those of Alter Health.  Alter Health neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, information, or material found on any community form. Please be cautious with using information on community forums as well as the information you share on community forums. Alter Health is not responsible for and specifically disclaims any and all liability arising from or relating to any loss or damage caused by third-party posts, comments, or materials on any community forums. 

Please choose carefully the information you voluntarily share for viewing by others in the Program, including any online live classes and sessions or community forums, as anything you share also can be seen, collected and used others, and become public. Any personal information you voluntarily share as part of your participation in our Programs including community forums or in any coaching calls, or any other method of communications related to the Program and Program Materials, is done at your own risk. Alter Health cannot guarantee your privacy for what you voluntarily share, and Alter Health is not responsible for any unauthorized use by others of such information that you voluntarily share.

DISCLAIMER OF WARRANTIES:

Errors and Omissions Disclaimer:

Alter Health has done its best to ensure that the Program and Program Materials are accurate and provide valuable information, but because the nature of health information is constantly evolving, Alter Health cannot guarantee the accuracy of such information. You acknowledge that our Program and Program Materials may contain inaccuracies or errors and Alter Health shall not be held liable or responsible for any errors, omissions or inaccuracies on or in any Program or Program Materials or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in any of our Programs and Program Materials for any person.

Personal Responsibility and Assumption of Risk:

By accessing our Programs or any Program Materials in any way you accept and agree that you are solely responsible for your actions, decisions and results and take full responsibility for any harm or damage you suffer as a result of your use, misuse or non-use, of the information available on or in the Program and/or Program Materials. You agree to use your own judgment and conduct your own due diligence before taking any actions or implementing anything suggested or recommended on or in any of our Programs or Program Materials and you agree that you do so at your own risk. 

Alter Health is not responsible for any errors or omissions on or in the Program or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

No Guarantee of Results

You understand and agree that Alter Health has not made any guarantees about the results of participating in our Programs or taking any action, whether recommended on or in our Programs and Program Materials.  Your participation in our Programs do not guarantee any success with health, your business, or otherwise. Our Programs are for educational and informational purposes only. You recognize that any health or other outcome is the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Alter Health.

You also recognize that prior results do not guarantee a similar outcome.  Thus, the results obtained by others, whether clients of Alter Health, users or participants of any of our Programs or otherwise, are no guarantee that you or any other person or entity will obtain similar results.

NO WARRANTIES:

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH ALTER HEALTH AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You expressly agree that your use of, or your inability to use, Alter Health Materials and services is at your sole risk. Alter Health does not warrant for the accuracy or completeness of any information, text, graphics, links, or other items contained within Alter Health materials or for any errors, omissions, or any outcomes related to your use of Alter Health materials. Alter Health takes precautions to protect Alter Health but makes no warranties respecting any harm that may be caused by the transmission of a computer virus, or other such computer program. Alter Health does not guarantee or warrant that your use of Alter Health materials or services will be error-free or uninterrupted. 

Alter Health materials and services are provided to you with the understanding that Alter Health is not rendering to you any medical, legal, accounting, or other professional service or advice. If such advice or other expert assistance is required, the service of a competent professional should be sought.

LIMITATION OF LIABILITY: 

YOU AGREE TO ABSOLVE ALTER HEALTH, ITS OWNERS, OFFICERS, AND EMPLOYEES (COLLECTIVELY THE “RELEASEES”) OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED IN ANY ALTER HEALTH PROGRAM.  YOU AGREE THAT THE RELEASEES SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THE PROGRAM AND PROGRAM MATERIALS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE 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 OF, OR THE DELAY OR INABILITY TO USE, ANY PROGRAM AND PROGRAM MATERIALS, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH ANY PROGRAM AND PROGRAM MATERIALS IN ANY WAY, OR WITH THE PERFORMANCE OF ANY PROGRAM AND PROGRAM MATERIALS, OR WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF ANY PROGRAM AND PROGRAM MATERIALS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ALTER HEALTH OR ANY RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH 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. IN SUCH STATES, THE LIABILITY OF ALTER HEALTH AND THE RELEASEES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE RELEASEES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR PARTICIPANT IN ANY PROGRAM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PROGRAM AND PROGRAM MATERIALS, OR WITH ANY OF THE TERMS & CONDITIONS, OR THE PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM AND PROGRAM MATERIALS. 

BY PURCHASING OR USING OR THE PROGRAM AND PROGRAM MATERIALS, YOU AGREE TO THIS LIMITATION OF LIABILITY AND RELEASE THE RELEASEES FROM ANY AND ALL CLAIMS.

LINKS TO THIRD-PARTY PRODUCTS AND SERVICES:

Throughout our website and our Programs we may provide links and/or references to other websites, services and products maintained by third parties that may take you outside of the Program (collectively, “Third-Party Sites”). Alter Health may receive a commission if you make a purchase from or through a link to a Third-Party Site; however, the Third-Party Sites are not under the control of Alter Health, and Alter Health is not responsible or liable for any content on or actions of any Third-Party Sites. The inclusion of any links or references to Third-Party Sites in any Program Materials are provided for your convenience only and does not imply Alter Health’ endorsement, sponsorship, or approval of the actions, views, opinions, facts, advice or statements in such Third-Party Sites or of their owners or any association with their operators. Because Alter Health has no control over the contents or functionality of Third-Party Sites, Alter Health is not responsible for the actions, views, opinions, facts, advice, or statements of Third-Party Sites, their accuracy or reliability, or for errors or omissions caused by Third-Party Sites or for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to perform your own due diligence before buying goods or services from any Third-Party Sites and to review the terms and conditions and privacy policies of Third-Party Sites to confirm that you understand and agree with those policies

INDEMNIFICATION: 

By purchasing any of our Programs and accepting these Terms & Conditions, you agree that you will indemnify and hold Alter Health, its directors, officers, employees, affiliates, agents, contractors, principals, and licensors harmless in connection with any claim arising out of your breach of these Terms & Conditions, your use of the Alter Health Materials, or any action taken by Alter Health to protect its intellectual property, including, but not limited to, suspension or termination of your access to Alter Health.

TRADEMARKS:

Alter Health logos, trademarks, and service marks ("Marks") are owned by Alter Health. You may not use the Marks without the prior written approval of Alter Health.

GOVERNING LAW AND DISPUTE RESOLUTION:

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Colorado where the Alter Health is registered, regardless of the conflict of laws principles. 

It is hoped that you will have no dispute with the Alter Health. However, should a dispute arise between you and the Alter Health, we would like to be able to work it out amicably through e-mail correspondence. Therefore, it is requested that you contact Alter Health via e-mail in attempt to resolve any dispute prior to seeking legal action and include your reasons for dissatisfaction.

However, should we be unable to resolve any potential dispute within a reasonable time, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your payment made to purchase the Program as of the date of such dispute. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction.  

You also agree that should arbitration take place, it will be held in Denver County in the State of Colorado, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.

By purchasing any of our Programs, you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of your e-mail to the Alter Health referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action related to the Program or these Terms & Conditions.

MISCELLANEOUS: 

Alter Health reserves the right to update and modify the terms of these Terms & Conditions without advance notice to you and such changes will be effective immediately when posted on this site and will govern your continued use of Alter Health Materials.

If any part these Terms & Conditions is determined to be invalid or unenforceable, the remaining portions shall remain in full force and effect. Alter Health’s failure to enforce any right under these Terms & Conditions will not constitute a waiver of such right or of any other right under these Terms & Conditions. Alter Health is not responsible for failing to fulfill its obligations hereunder for reasons that are outside of Alter Health’s control. These Terms & Conditions, and the license rights granted herein, are not assignable by you and any attempt to do so is of no force and effect.

Alter Health reserves the right to take steps Alter Health believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms & Conditions. You agree that Alter Health has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as Alter Health believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms & Conditions (including but not limited to Alter Health’s right to cooperate with any legal process relating to your use of the Services and/or Materials, and/or a third-party claim that your use of the Services and/or Materials is unlawful and/or infringes such third-party's rights).

PRIVACY STATEMENT & TERMS & CONDITIONS:

In addition to these Terms & Conditions, your use of Alter Health’s Materials is subject to the Alter Health Privacy Policy and the applicable Alter Health Enrollment Agreement or terms for the specific course or program that you purchase.