Terms of Use

The website(s) https://heatherhirschmd.com and https://the-menopause-course.teachable.com/and http://heatherhirschacademy.org/(hereinafter “Site”) and any content therein (defined below) is owned and operated by Health by Heather Hirsch, LLC (hereinafter “We” “Us” “Our”). By accessing this Site you, the visitor, customer, purchaser, and/or buyer (hereinafter “You” “Your”) agree to the following Terms of Service and Privacy Policy (collectively, the “Terms”).

The Terms form a legally binding agreement between You and us—regardless of whether or not You read them. By continuing to use Our Site and accessing the Content (defined below) contained herein, You agree to be bound by the most updated version of these Terms and conditions, even if You have not read them. If You do not agree with any of these terms, You are prohibited from using or accessing this site. Please take the time to read them carefully.

If You are under age 18, You may only use the Site with the consent of Your parent or legal guardian. Please be sure Your parent or legal guardian has reviewed and discussed these Terms with You.

PLEASE BE ADVISED THAT YOU ALSO WAIVE CERTAIN LEGAL REMEDIES, SUCH AS A TRIAL BY JURY AND CLASS ACTION LAWSUIT, PURSUANT TO SECTION 17. UNDER THE TERMS YOU AGREE TO SUBMIT ANY DISPUTES TO BINDING ARBITRATION.

Term and Survival

  1. These Terms shall be effective as of the Effective Date listed above and shall remain in effect for so long as You use or access the Site (the "Term"). Upon termination of the Term, You shall no longer be permitted to use or access Our Site or any account You create to access Our Courses, guides, resources, communities, or other materials We offer for sale, make available, or publish on Our Site. The following terms shall survive after the Term or earlier termination: Warranties, Limitation of Liability, Dispute Resolution and Waiver of Class Action, Non-disparagement, and Severability, shall survive termination

Your Access to Our Site

  1. Our Site contains images, resources, courses, written works, images, logos, or designs, blog posts, guides, and other materials that are unique assets belonging to Us or We have obtained the appropriate consents, licenses, or permissions to feature on Our Site (collectively, the “Content”). Your purchase, download, or access to the Content available on Our Site only permits You to do so for personal use only, which We can revoke at any time. In other words, any purchases You make and/or access to the Content does not convey or transfer any rights to the Content, or any other proprietary information, trademark, or logo provided or contained in the Content. This also includes, but is not limited to, modifying, creating derivative works of, copying, redistributing, publicly sharing or displaying the Content, transferring the Content to a third party, selling, or using the Content for any commercial purpose.
  2. Accordingly, We reserve and retain the right to prosecute any usage that exceeds this limited license or is inconsistent with the Terms to the full extent of the law, including all criminal charges and civil damages. For the avoidance of doubt, You accept that You are not authorized to use the Content in a manner that infringes on Our rights or in a manner that has not been authorized by Us without Our prior written consent. You acknowledge and agree that We would be damaged if someone infringes Our intellectual property rights or uses the Content for any commercial purpose without Our consent and that the precise amount of such damages is difficult or impossible to calculate. Accordingly, You parties agree to pay $2,000.00 in liquidated damages for breaching this section together with any attorneys’ fees we incur to enforce this section.
  3. We reserve the right, at any time and without prior notice, to remove or disable access to any comments or reviews sections within Our Site at Our discretion for any reason or no reason, including, but not limited finding the content objectionable, in violation of these Terms or otherwise harmful to Our Site, Our business partners, or Our users.

Purchases

  1. Your purchase of any courses, memberships, course, guides, books, downloads, other products and materials accompanying each or other content we make available for sale on Our Site (the “Courses”) are made electronically through a third party payment processor of Our choice. Please be advised that by completing any purchase of Our Courses using a third-party payment processor, You will be subject to that payment processor’s terms and conditions as well as their privacy policies. Therefore, You agree to release Us from any claims, damages or disputes arising from using Our third-party payment processor to purchase Our Courses, including any Charges (defined below) that You incur as a result of Your purchase.
  2. By purchasing Our Courses You agree that: (i) We, through a third party payment processor of Our choosing, may charge the credit card, debit card or other payment method You have chosen for Your purchase for the total amount of Your order; (ii) to provide current, complete and accurate purchase and account information; (iii) to promptly update Your information, including Your email address and credit card numbers and expiration dates, so that We can complete Your transactions and contact You as needed; and (iv) to bear any additional charges, including, but not limited to, taxes, overdraft fees, and, where applicable, foreign service charges Your bank, credit card company or financial service provider may levy against You as a result of Your purchase on Our Site( the “Charges”). For the avoidance of doubt, We are not responsible for said Charges. You agree to release Us from any disputes, claims, or controversies regarding said Charges and agree that those claims will be resolved with Your financial service provider.
  3. In the event that Your payment is refused or declined, We reserve the right to disable Your Account until Your payment is processed or terminate Your access to Your Account in perpetuity. Your obligation to pay any outstanding balance due under a payment plan shall survive termination of this Agreement or terminating Your access to Your Account even if Your payment is later declined. We will be entitled to the costs of collection in connection with Your failure to pay any outstanding balance owed to us.
  4. Notwithstanding the foregoing, We may reserve the right to not process or reject Your order in certain circumstances such as, Your payment method is declined, if We suspect Your order is fraudulent, or in other circumstances We deem appropriate in Our sole discretion.

Refund Policy

  1. Please be advised that due to the nature of the Courses and products We offer for sale on Our Site, all purchases are non-refundable.

No Chargebacks.

  1. You acknowledge that no chargebacks shall be allowed for purchases or other purchases made on Our Site. In the event that Our third-party payment service grants a refund or chargeback in contravention of this Agreement, You shall take all necessary steps and execute all necessary documents to reverse such refund or chargeback. You acknowledge and agree Your access to Your Course Account and Course(s) shall be sufficient proof that the service was rendered or delivered pursuant to this Agreement and shall serve as justification for reversal of said chargeback or refund, regardless of whether You authorized the chargeback or refund. You further agree to not authorize any chargebacks for any products, Courses, or services You purchased through Our Site.

Your account

  1. Once Your purchase is processed (meaning Your method of payment was completed, not declined or otherwise rejected during checkout), You will receive an email confirmation of Your purchase, which will include next steps to access the Course. If You do not receive an email confirmation after purchasing, please email the contact listed below.
  2. Access to Our Course may require You to create a unique username and password to log in (“Your Account”) on Our Site. By creating Your Account, You agree to treat Your Account as a piece of confidential information; to not disclose (or share) Your Account details with any third party. Accordingly, You agree to take all necessary precautions to ensure the security of Your Account including, but not limited to, keeping the login information in a secure place, logging out after each session, and notifying Us when there is any unauthorized access to Your Account.
  3. We have the right to disable Your Account, at any time in Our sole discretion for any or no reason, including if, in Our opinion, You have violated any provision of these Terms.

Content that You may post or share with Us and Your release

  1. Any information You share, transmit, or publish on Our Site or inside Our Facebook group may, by design, be open to the public. By submitting those comments, You agree that such submission is non-confidential for all purposes. It is Your obligation to confirm that any post to a comments section You make does not breach any confidentiality obligation You have.
  2. You agree to (i) not impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from Us; (ii) Publish any material that is deliberately designed to provoke or antagonize people or is intended to harass, threaten, harm, hurt, scare, distress, embarrass or upset people;or Publish any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory.
  3. We make no representation, endorsement, or guarantee regarding the veracity, accuracy or reliability of the comments or content posted in the comments section or elsewhere on Our Site.
  4. While we have no obligation to remove any content posted by third parties, we do reserve Our rights to remove, delete, or hide any content on Our website for any reason without notice, in Our sole discretion. We also reserve Our rights to terminate or restrict Your access to Our Site.
  5. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF OUR WEBSITE IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Reclaiming Menopause Masterclass

  1. The information contained within the Courses is for general informational purposes only. The objective here is to provide information to help You structure your doctor’s visits. While We do Our best to provide information about the benefits of hormone therapy, We do not guarantee that your treating doctor will provide You access to said therapy. We do however, strongly advise that you seek the a qualified treating physician when considering or experimenting with hormone therapy.
  2. Please be advised that the Courses in no way are meant to be a substitute for medical advice either. We therefore make no representation or warranty concerning the reliability, safety, efficacy, or any specific result relating to the Courses. By implementing any of the methods or therapies discussed or included in Our Courses, You assume all responsibility and risk for the use of the tips, therapies, advice, or information shared within Our Courses. Neither we nor Our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
  3. WE LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL ACHIEVE A SPECIFIC RESULT OR WILL WORK AS YOU ENVISION OR THOUGHT HORMONE THERAPY WOULD WORK. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN ABILITY TO IMPLEMENT CERTAIN METHODOLOGIES, PROCESSES OR IDEAS SHARED VIA OUR WEBSITE OR THROUGH THE COURSES AS EXECUTING THE SAME IS ENTIRELY DEPENDENT ON YOU, YOUR HEALTH, MEDICAL CONDITIONS, MEDICATIONS, OR LIFESTYLE. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, WE CANNOT AND DO NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR THE SUCCESS OF HORMONE THERAPY FOR YOU SPECIFICALLY. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to You.

Course Descriptions and Access.

  1. From time to time, We may, in Our sole discretion, alter the Courses, modify the Course descriptions, and pricing without notice. We shall not be liable to You or to any third-party for any price change, suspension or any modification of the Courses.
  2. If a Course becomes available at a reduced price or is discounted after You purchased the Course, We will not refund You for the difference or honor any discounts for Courses You already purchased.
  3. We may elect to host Our Courses on a different Platform, in which case We will provide reasonable notice to update or move Your Account to the appropriate platform. We shall not be liable to You or to any third-party for Your failure or refusal to change Your Account or move Your Account to the appropriate platform. For the avoidance of doubt, You will not be entitled to a refund in this instance.

Warranties.

  1. WE PROVIDE OUR WEBSITE, AND ALL CONTENT THAT’S AVAILABLE THROUGH OUR WEBSITE, ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT GUARANTEE OR WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR HARMFUL COMPONENTS, OR THAT WE WILL FIX ANY ERRORS OR HARMFUL COMPONENTS.
  2. ADDITIONALLY, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH OUR WEBSITE. ANY SUCH WEBSITE IS INDEPENDENT FROM US, AND WE HAVE NO CONTROL OVER, OR RESPONSIBILITY WITH RESPECT TO, THE INFORMATION PROVIDED OR ACTIVITIES UNDERTAKEN BY ANY SUCH WEBSITE.

Limitation of Liability.

  1. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAWS, NEITHER WE NOR OUR AFFILIATES, NOR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE, EMAIL SENT IN CONNECTION WITH OUR WEBSITE OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE. THIS LIMITATION OF LIABILITY APPLIES TO DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION, EVEN IF WE ARE NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION NOT OTHERWISE ALTERED OR WAIVABLE UNDER APPLICABLE LAW SHALL EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR MAKING ANY PURCHASES ON OUR WEBSITE. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Indemnity.

  1. You agree to defend, indemnify, and hold harmless us, Our parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by You of these Terms or arising out of (i) a breach of Your obligations, representation and warranties under these Terms or any law or regulation; (ii) Your violation of anyone’s rights, including intellectual property rights; or (iii) any disputes between You and a third party.

Contact.

  1. Please submit all questions or refund requests to: [email protected]

Dispute Resolution and Waiver of Class Action.

  1. Any dispute, controversy, demand, or claim arising out of or relating to the Terms, the breach thereof, or the Courses, by submitting a written request for arbitration to the other Party and JAMS no later than one (1) year from the date You purchased a Course via the Site. Failure to submit a written request for mediation within one (1) year of purchase shall be precluded by this provision, regardless of whether or not the claim has accrued at that time.
  2. Any arbitration hearing or in-person meeting required under this section shall be held in New York. The parties will cooperate with JAMS and with one another in selecting a arbitrator from the JAMS panel of neutrals and in scheduling the mediation proceedings. They will participate in the mediation in good faith and that they will share equally in the costs of the mediator or, where applicable, arbitrator.
  3. By agreeing to this dispute resolution procedure, the Parties waive the right to resolve any such dispute through a trial by jury or judge or administrative proceeding. Notwithstanding the foregoing, injunctive relief may be immediately sought without resorting to alternative dispute resolution to prevent irreparable harm that would be caused by a breach of this Agreement. Furthermore, nothing in this Article shall prevent a Party from terminating this Agreement in accordance with the terms thereof notwithstanding this Article or any then-pending dispute resolution process.
  4. YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT AND AGREE TO LITIGATE THIS IN YOUR INDIVIDUAL CAPACITY. THIS PROVISION SHALL SURVIVE TERMINATION OF THE TERMS.

Severability.

  1. If any provision of these Terms are held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable.

No Waiver.

  1. Our failure to insist on strict compliance with any of the terms, covenants, or conditions of these Terms will not be deemed a waiver of that term, covenant, or condition, nor will any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

Effect of Headings

  1. The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.