Terms of Use
The websites https://womenshealthmedicine.com, https://the-menopause-
course.teachable.com/, and http://heatherhirschacademy.org/, all other websites, all
digital courses, masterclasses, memberships, subscription offerings, community
features, mobile applications, discussion spaces, downloadable materials, and any
related content, products, features, functionality, or services made available by The
Academy for Advanced Women’s Health Medicine, Inc., whether provided directly or
through third-party platforms such as Teachable, Circle, or similar providers (the
“Services”) is owned and operated by The Academy for Advanced Women’s Health
Medicine, Inc. (hereinafter “We” “Us” “Our”). By accessing the Services you, the visitor,
customer, student, 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 the Services. Please
take the time to read them carefully.
If You are under age 18, You may only use the Services 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 16. UNDER THE TERMS YOU AGREE TO SUBMIT ANY DISPUTES TO
BINDING ARBITRATION.
1. Term and Survival
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 Services (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. Sections 2-14,
and 16-19, and any other provisions that by their nature should survive, shall survive
termination of these Terms.
2. Your Access to Our Site
a) The Site, Services, Courses, and Content, including all videos, audio, text,
graphics, designs, logos, trademarks, downloads, course materials, guides,
worksheets, written materials, and other materials made available by Us, are
owned by Us or licensed to Us and are protected by applicable intellectual
property, proprietary rights, and other laws. Your purchase of, access to, or use
of any Site, Services, Courses, or Content grants You a limited, personal, non-
exclusive, non-transferable, non-sublicensable, revocable license to access and
use the applicable Content solely for Your own individual, non-commercial use,
subject to these Terms.
b) Except as expressly authorized by these Terms or by Our prior written consent,
You may not copy, reproduce, republish, upload, post, transmit, distribute, sell,
license, sublicense, rent, lease, share, display, perform, modify, create derivative
works from, reverse engineer, record, download other than as expressly
permitted, exploit, or otherwise use the Site, Services, Courses, or Content for
any commercial purpose or for the benefit of any third party. Without limiting the
foregoing, You may not share login credentials, provide access to any Course or
Content to any third party, repost course materials, scrape or harvest Content, or
use the Content to create or market a competing product, service, course, or
program.
c) Any use of the Site, Services, Courses, or Content beyond the limited license
granted in these Terms is unauthorized and may constitute copyright
infringement, trademark infringement, misappropriation, unfair competition,
and/or other violations of law. We reserve all rights not expressly granted in these
Terms.
d) You acknowledge and agree that unauthorized use, disclosure, distribution,
reproduction, or exploitation of the Site, Services, Courses, or Content may
cause Us substantial harm for which monetary damages alone may be an
inadequate remedy. Accordingly, We shall be entitled, to the fullest extent
permitted by applicable law, to seek temporary, preliminary, and permanent
injunctive or other equitable relief, without the necessity of posting bond to the
extent permitted by law, in addition to any other rights and remedies available at
law or in equity.
e) In the event You violate this Section by sharing, selling, reproducing, distributing,
or commercially exploiting any Course or Content without authorization, We may
recover Our actual damages to the fullest extent permitted by law, including any
profits attributable to the unauthorized use, together with any amounts
recoverable under applicable law and, where permitted, Our reasonable
attorneys’ fees and costs incurred in enforcing Our rights.
f) Without limiting the foregoing, if You purchase or access any Course and then
make that Course or any substantial portion of its Content available to third
parties without authorization, including by posting, sharing, reselling, or
distributing it, We may elect, in lieu of proving actual damages for that particular
violation, to recover liquidated damages in an amount equal to the greater of: (i)
three (3) times the amount You paid for the applicable Course; or (ii) $2,500.00,
per unauthorized recipient, access grant, sale, or distribution event, as
applicable. The Parties agree that, solely for this category of unauthorized
redistribution, actual damages would be difficult to ascertain and that this amount
is intended as a reasonable pre-estimate of anticipated harm and not as a
penalty.
g) We may suspend or terminate Your access to the Site, Services, Courses,
Content, or Your Account, without refund, if We reasonably believe You have
violated or attempted to violate this Section.
h) Nothing in this Section limits any rights or remedies available to Us under
applicable intellectual property law, contract law, common law, or equity. This
Section shall survive termination of these Terms and Your access to the Site,
Services, Courses, Content, or Your Account.
3. Purchases
a) 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.
b) 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.
c) 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.
d) 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.
4. Refund Policy
Because access to digital course materials is provided immediately upon
purchase, all sales are final and we do not offer refunds once access has been granted,
except where required by applicable law or where the purchase resulted from duplicate
billing, fraud, or a verified technical failure preventing access.
5. No Chargebacks.
Because access to digital course materials is made available immediately upon
purchase, you agree to contact us first at [support email] if you believe a charge was
made in error so that we may attempt to resolve the issue. If you initiate a chargeback
or payment dispute without first contacting us regarding a legitimate billing concern, we
reserve the right to present evidence to the payment processor or financial institution
showing that access to the purchased digital product was provided. We also reserve the
right to suspend or terminate your access to the Services in cases of fraudulent,
abusive, or unwarranted chargebacks. Nothing in this section limits your rights with
respect to unauthorized transactions, duplicate charges, fraud, or a verified technical
failure that prevented access to the purchased course.
6. Your account
a) 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.
b) 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.
c) 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.
7. Community Terms Incorporation
a) We may make available one or more online communities, discussion spaces,
groups, forums, memberships, or similar interactive spaces operated by Us or on
Our behalf, including without limitation any free or paid community hosted on
third-party platforms such as Facebook, Circle, or any successor platform
(collectively, the “Communities”). Participation in any Community made available
through the Services is subject to these Terms, Our Community Terms and
Guidelines, any membership billing, renewal, cancellation, access, and
participation terms set forth therein, and any rules, policies, or terms imposed by
the applicable third-party platform, all of which are incorporated into these Terms
by reference.
b) Unless expressly stated otherwise at the time of purchase, Community access is
personal, non-transferable, revocable, and provided only for the access period
and features expressly included with the applicable Course, membership,
subscription, or offering. Unless a different access period is expressly stated in
writing at the time of purchase, students who purchase or enroll in Prescribe and
Manage Hormone Therapy with Confidence receive access to the paid Circle
community for twelve (12) months from the date Course access is first granted.
We may, in Our sole discretion, offer students the option to renew or purchase
continued access to the paid Circle community after the initial access period
ends. Any renewal or continued access will be subject to the pricing, payment
terms, access period, features, Community Terms and Guidelines, platform rules,
and Terms of Service in effect at the time of renewal or continued purchase,
unless We expressly state otherwise in writing.
c) Beginning September 1, 2026, monthly live trainings associated with Prescribe
and Manage Hormone Therapy with Confidence, if offered, will be made
available only through the paid Circle community or such other paid or restricted-
access platform as We may designate. Monthly live trainings will no longer be
made available through any free Facebook community, free public group, or
other free Community, including for existing students, prior purchasers, current
students, new students, members, or Community participants, except where We
have expressly granted different access rights in writing or where otherwise
required by applicable law.
d) Free Communities, including any free Facebook community We may operate, are
separate from paid Communities and do not include access to paid Circle
community features, monthly live trainings, recordings, paid resources, or other
paid Community content unless We expressly state otherwise in writing. We may
modify, limit, suspend, discontinue, archive, or close any free or paid Community,
or change the platform through which any Community is offered, at any time, with
or without notice, subject to any access rights expressly stated in writing and
applicable law.
8. Suspension; Removal; Termination Section for Terms of Service
a) We reserve the right, in Our sole discretion and without liability to You, to
suspend, restrict, disable, remove, or terminate Your access to the Site, Services,
Courses, Content, any community features, any comments or user-generated
content, and/or Your Account, at any time, with or without prior notice, for any
reason permitted by applicable law.
b) Without limiting the foregoing, We may exercise the rights described in this
Section if We determine, in Our sole discretion, that: (i) You have violated these
Terms; (ii) You have failed to make any payment when due or have initiated or
threatened a chargeback or payment dispute; (iii) You have misused the Site,
Services, Courses, Content, or Your Account; (iv) You have engaged in conduct
that is unlawful, fraudulent, abusive, harassing, threatening, defamatory,
obscene, hateful, infringing, misleading, or otherwise objectionable; (v) Your
conduct may expose Us or others to legal liability, regulatory risk, reputational
harm, security risk, or other harm; (vi) You have interfered with or attempted to
interfere with the operation, security, or integrity of the Site or Services; or (vii)
such action is otherwise necessary or appropriate to protect the Site, Services,
Courses, Content, Us, Our users, or any third party.
c) We may, in Our sole discretion, remove, delete, disable access to, or decline to
publish any comments, reviews, posts, submissions, community content, or other
materials submitted, posted, uploaded, transmitted, or otherwise made available
by You on or through the Site or Services, at any time, with or without notice, and
for any reason permitted by applicable law.
d) If We suspend, restrict, disable, or terminate Your access to any Course, Service,
or Account due to Your breach of these Terms or for any reason described in
subsection (b), You may lose access to purchased or subscription-based
materials, community areas, saved content, account information, or other
features, and We shall have no obligation to restore such access except as
required by applicable law.
e) We are not obligated to provide advance notice, an opportunity to cure, or any
explanation before taking action under this Section, although We may do so in
Our sole discretion.
f) Any suspension, restriction, removal, disabling, or termination under this Section
shall not affect any rights or remedies available to Us at law or in equity, including
the right to seek payment of outstanding amounts, recover damages, obtain
injunctive relief, or enforce any other provision of these Terms.
g) Upon termination of Your right to access or use the Site, Services, Courses,
Content, or Your Account, all rights granted to You under these Terms shall
immediately cease, and You must immediately stop using the applicable Site,
Services, Courses, Content, or Account.
h) Termination of these Terms or suspension or termination of Your access shall not
limit any provision of these Terms that by its nature should survive, including
provisions relating to ownership, intellectual property, payment obligations,
disclaimers, limitations of liability, indemnification, dispute resolution, and any
accrued rights or remedies.
9. Medical Content Disclaimer
a) The Services, Services, Courses, Content, and any other materials, features,
functionality, communications, or resources made available by Us are provided
solely for general informational and educational purposes. The Content and
Services do not constitute medical advice, mental health advice, diagnosis,
treatment, or medical care of any kind, and are not a substitute for individualized
advice, diagnosis, or treatment from Your own licensed healthcare provider.
b) Your access to or use of Services, including any purchase, enrollment,
participation, submission of information, or communication with Us through the
Services, does not create a physician-patient, provider-patient, therapist-patient,
clinician-patient, fiduciary, or other professional relationship between You and Us
or any of Our owners, officers, employees, contractors, agents, affiliates,
licensors, or representatives. We are not providing individualized medical
evaluation, diagnosis, treatment, monitoring, or follow-up care through the
Services.
c) The Services are not intended for use in any medical emergency or urgent health
situation. Do not use the Services to seek emergency care. If You think You may
have a medical emergency, call 911, contact emergency services immediately, or
go to the nearest emergency room. If You are experiencing a mental health crisis
or require urgent support, contact 988 or the applicable emergency or crisis
service provider in Your area immediately.
d) We make no representations, warranties, or guarantees that use of the Services
will result in any particular outcome, health improvement, diagnosis, treatment
plan, access to medication, or other result. Any examples, testimonials, case
studies, success stories, statements regarding potential benefits, or discussions
of possible outcomes are illustrative only and do not guarantee that You will
achieve the same or any result.
e) You are solely responsible for Your health decisions and for how You interpret
and use the Services. You should always consult Your own qualified, licensed
healthcare provider before making decisions regarding symptoms, diagnoses,
treatment, medications, laboratory testing, supplements, hormone therapy,
nutrition, exercise, or any other health-related matter. Never disregard, avoid, or
delay obtaining medical advice from Your own licensed healthcare provider
because of anything You read, hear, watch, download, or otherwise access
through the Services.
f) To the extent any Services, Courses, or Content discuss hormone therapy,
supplements, medications, diagnostic testing, nutrition, exercise, lifestyle
changes, or other health-related topics, such information is provided solely for
general educational purposes. Such discussions are not recommendations that
any product, protocol, therapy, medication, supplement, test, or intervention is
appropriate, safe, effective, or available for You. The risks, benefits,
contraindications, side effects, availability, and appropriateness of any
intervention depend on Your individual circumstances and must be evaluated by
Your own licensed healthcare provider.
g) The Services may refer or link to third-party websites, articles, studies, providers,
products, services, platforms, or other resources. Any such reference is provided
solely as a convenience and for informational purposes. We do not provide
medical advice through any third-party resource, and We do not warrant or
represent that any third-party resource is accurate, complete, current, safe,
effective, or appropriate for Your needs.
h) Without limiting the generality of the foregoing, if You purchase, access, or
participate in the Services relating to menopause, hormone therapy,
supplements, wellness, or any other health-related topic, You acknowledge and
agree that the Services are educational only. It is intended to help You become a
more informed participant in discussions with Your own licensed healthcare
provider and is not intended to replace individualized medical care. We do not
prescribe treatment, direct treatment, determine whether You are a candidate for
any medication or therapy, guarantee that any treating provider will prescribe or
recommend any therapy, or assume responsibility for any decision You make
regarding Your health.
i) To the fullest extent permitted by law, Your reliance on and use of the Services is
solely at Your own risk. By using the Services, You assume full responsibility for
any decisions, actions, or inactions You take based on the information provided
and for obtaining appropriate professional medical advice before acting on any
such information.
10. Course Descriptions and Access.
a) We reserve the right, in our sole discretion, to modify, update, revise, replace,
remove, discontinue, or otherwise change any part of the Site, Services,
Courses, or Content at any time, with or without notice.
b) Without limiting the foregoing, we may, in our sole discretion, change the format,
structure, organization, sequencing, scope, title, availability, timing, instructor
materials, downloadable materials, community features, or platform through
which any Course, Content, or other portion of the Services is provided, including
by moving or hosting any Course or other portion of the Services on or through
Teachable, Circle, or another third-party platform.
c) We may also correct errors or omissions, update information, improve or
enhance the Site, Services, Courses, or Content, or discontinue offering any
Course, Content, feature, or functionality at any time.
d) Unless otherwise expressly stated in writing, and except as required by
applicable law or as otherwise provided in these Terms, any such modification,
update, revision, replacement, removal, discontinuation, transfer, or change to
the Site, Services, Courses, or Content will not entitle you to any refund, credit,
or other compensation.
e) We reserve the right to change the prices or Charges for any Site, Services,
Courses, Content, memberships, or other offerings at any time in our sole
discretion; provided, however, that any such price change will apply prospectively
and will not alter the price paid for a Course or other offering already purchased
during the then-current term or access period, except as otherwise disclosed at
the time of purchase.
f) If we permanently discontinue a Course or paid offering after your purchase and
before the end of any expressly stated access period, we may, in our sole
discretion, provide substitute access, a credit, an extension of access, or such
other remedy as we determine appropriate
11. Provider Directory Terms for Participating Providers
a) We may make available through the Services a public directory, listing, referral
resource, or similar feature (the “Provider Directory”) that identifies individuals
who have completed one or more of Our courses, trainings, programs, or
educational offerings.
b) Participation in the Provider Directory is voluntary. Eligible providers may choose
to opt in to be listed and may submit, maintain, update, or remove certain profile
information for display in the Provider Directory. Such information may include,
without limitation, the provider’s name, credentials, biography, practice
description, geographic location, areas of focus, website, email address,
telephone number, social media links, scheduling information, profile photograph,
and other information the provider elects to include (collectively, “Directory
Content”). You acknowledge and agree that the Provider Directory is public-
facing and that Directory Content You choose to submit may be visible to the
public and may be copied, shared, or accessed by others.
c) By electing to participate in the Provider Directory and by submitting any
Directory Content, You represent and warrant that: (i) You have successfully
completed the applicable course or program; (ii) all Directory Content submitted
by You is true, accurate, current, and complete; (iii) You own or control all rights
necessary to submit the Directory Content and to authorize Us to use, host,
reproduce, publish, display, distribute, and otherwise make the Directory Content
available through the Services; (iv) any photograph or image submitted by You is
submitted with all necessary rights and permissions; and (v) Your Directory
Content, listing, and participation in the Provider Directory comply with all
applicable laws, regulations, licensing rules, privacy obligations, advertising
rules, and professional or ethical obligations applicable to You.
d) By submitting Directory Content, You grant to Us a non-exclusive, worldwide,
royalty-free, sublicensable, transferable license to host, store, reproduce, modify
for formatting and display, publish, display, distribute, and otherwise use the
Directory Content in connection with operating, maintaining, marketing, and
improving the Provider Directory and the Services. You acknowledge and agree
that the Provider Directory is public-facing and that Directory Content You choose
to submit may be visible to the public and may be copied, shared, or accessed by
others.
e) You are solely responsible for the accuracy, completeness, legality, and currency
of Your Directory Content and for keeping Your listing up to date. We are under
no obligation to verify any Directory Content, credentials, licensure status,
insurance participation, availability, prescribing authority, or other information
provided by any listed provider.
12. Provider Directory Terms for Consumers
a) The Provider Directory is provided solely as an informational resource. We do not
guarantee that any listed provider is appropriate for any particular person,
condition, treatment, jurisdiction, or need, and We are not responsible for any
care, services, treatment, communications, billing, acts, omissions, malpractice,
professional conduct, or other interactions involving any listed provider.
b) Any decision by a user to contact, consult, engage, or receive services from a
listed provider is made solely at that user’s own risk. We encourage users to
conduct their own independent diligence, including confirming licensure,
credentials, scope of practice, availability, and fit for their individual needs.
c) We reserve the right, in Our sole discretion and without liability to You, to
determine eligibility for inclusion in the Provider Directory and to edit, reformat,
refuse, suspend, remove, disable, or decline to publish any listing or any
Directory Content at any time, with or without notice, for any reason permitted by
applicable law, including if We believe any information is inaccurate, incomplete,
outdated, misleading, non-compliant, infringing, or otherwise objectionable.
d) The Provider Directory may include links to third-party websites, booking pages,
scheduling tools, intake forms, social media platforms, or other external
resources. We do not control and are not responsible for any third-party
websites, platforms, content, policies, security, availability, or services, and Your
interactions with any third party are solely between You and that third party.
e) A provider may opt out of the Provider Directory at any time by contacting Us or
using any opt-out functionality We make available; however, You acknowledge
that removal may not be immediate and that We are not responsible for copies,
archives, or reproductions of Directory Content that remain available through
third parties or outside of Our control after removal.
13. Warranties and Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE,
SERVICES, COURSES, CONTENT, YOUR ACCOUNT, AND ALL FEATURES,
FUNCTIONALITY, PRODUCTS, MATERIALS, INFORMATION, AND
COMMUNICATIONS MADE AVAILABLE BY US ARE PROVIDED ON AN “AS IS,” “AS
AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY
KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE,
INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT,
ACCURACY, AVAILABILITY, RELIABILITY, AND ANY WARRANTIES ARISING OUT
OF COURSE OF DEALING, USAGE, OR TRADE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT OR
REPRESENT THAT THE SITE, SERVICES, COURSES, CONTENT, OR YOUR
ACCOUNT WILL BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, SECURE,
ACCURATE, COMPLETE, RELIABLE, CURRENT, FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS, OR THAT ANY DEFECTS OR ERRORS WILL BE
CORRECTED. (d) WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES
REGARDING ANY THIRD-PARTY WEBSITES, PLATFORMS, LINKS, PAYMENT
PROCESSORS, PRODUCTS, SERVICES, CONTENT, OR RESOURCES THAT MAY
BE MADE AVAILABLE THROUGH OR REFERENCED ON THE SITE OR SERVICES,
AND WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM
YOUR USE OF OR RELIANCE ON ANY SUCH THIRD-PARTY OFFERINGS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL WE OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE
OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS,
AGENTS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS, BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF
PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS
OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE
SERVICES, ARISING OUT OF OR RELATING TO THE SITE, SERVICES, COURSES,
CONTENT, YOUR ACCOUNT, ANY CHARGES, OR THESE TERMS, WHETHER
BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR
ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL
AGGREGATE LIABILITY OF US AND OUR AFFILIATES, AND OF OUR AND THEIR
RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES,
CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS,
AND ASSIGNS, FOR ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION
ARISING OUT OF OR RELATING TO THE SITE, SERVICES, COURSES, CONTENT,
YOUR ACCOUNT, ANY CHARGES, OR THESE TERMS SHALL NOT EXCEED THE
GREATER OF: (I) THE AMOUNT YOU PAID TO US FOR THE SPECIFIC COURSE,
SERVICE, OR OTHER PRODUCT GIVING RISE TO THE CLAIM DURING THE
TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO
THE CLAIM; OR (II) ONE HUNDRED U.S. DOLLARS (US $100.00).
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION
APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WHETHER
OR NOT ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND SHALL APPLY
EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE
FAILED OF ITS ESSENTIAL PURPOSE.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY TO THE
EXTENT SUCH LIABILITY CANNOT BE EXCLUDED, WAIVED, OR LIMITED UNDER
APPLICABLE LAW. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN
DAMAGES, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
IN THIS SECTION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
THIS SECTION SHALL SURVIVE TERMINATION OF THESE TERMS AND YOUR
USE OF THE SITE, SERVICES, COURSES, CONTENT, AND YOUR ACCOUNT.
14. Indemnity.
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.
15. Contact.
Please submit all questions or refund requests to:
course@heatherhirschmd.com.
16. Dispute Resolution and Waiver of Class Action.
a) Please read this Section carefully. To the fullest extent permitted by applicable
law, it affects Your rights, including Your right to file a lawsuit in court, Your right
to a jury trial, and Your right to participate in a class action or representative
proceeding.
b) Except as otherwise expressly provided in this Section, any dispute, claim,
controversy, or cause of action arising out of or relating to the Site, Services,
Courses, Content, Your Account, any Charges, these Terms, or the breach,
termination, enforcement, interpretation, or validity thereof (collectively, a
“Dispute”) shall be resolved exclusively by final and binding arbitration on an
individual basis.
c) This Section is intended to be interpreted broadly and shall be governed by the
Federal Arbitration Act, 9 U.S.C. §§ 1–16, to the fullest extent permitted by
applicable law.
d) Before initiating arbitration, either Party may provide the other Party with written
notice of the Dispute describing the nature of the claim and the requested relief.
If the Dispute is not resolved informally within thirty (30) days after such notice,
either Party may commence binding arbitration administered by JAMS in
accordance with its then-current applicable rules and procedures, except as
modified by these Terms.
e) The arbitration shall be conducted before a single neutral arbitrator. The
arbitrator shall have exclusive authority to resolve any Dispute, including any
threshold or gateway dispute concerning the interpretation, applicability,
enforceability, or formation of this Section, including any claim that all or any part
of this Section is void or voidable, except that a court of competent jurisdiction
may determine issues relating to the enforceability of the class action waiver in
subsection (i).
f) Unless the Parties agree otherwise, any arbitration hearing shall take place in
New York, New York; provided, however, that if in-person proceedings would
impose undue burden, the arbitration may be conducted remotely, by submission
of documents, by telephone, or by video conference, to the extent permitted by
the applicable JAMS rules or directed by the arbitrator.
g) To the fullest extent permitted by applicable law, any claim arising out of or
relating to the Site, Services, Courses, Content, Your Account, or any Charges
must be brought within one (1) year after the claim arises, or such claim shall be
permanently barred.
h) Notwithstanding the foregoing, either Party may bring an individual action in
small claims court if the claim qualifies, and either Party may seek temporary,
preliminary, or permanent injunctive or other equitable relief in a court of
competent jurisdiction as necessary to prevent actual or threatened infringement,
misappropriation, or violation of intellectual property rights, confidential
information, or other proprietary rights.
i) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE
EACH AGREE THAT ANY DISPUTE SHALL BE BROUGHT ONLY IN AN
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, PRIVATE
ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THE
ARBITRATOR SHALL NOT HAVE AUTHORITY TO CONSOLIDATE CLAIMS OR
TO PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS
PROCEEDING TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW.
j) If any portion of this Section is found unenforceable or unlawful, that provision
shall be severed and the remainder shall be enforced to the fullest extent
permitted by applicable law; provided, however, that if subsection (i) is found
unenforceable as to any claim or request for relief, then such claim or request for
relief shall proceed in a court of competent jurisdiction and shall be stayed
pending the completion of any individual arbitrable claims.
k) This Section shall survive termination of these Terms and Your use of the Site,
Services, Courses, Content, Your Account, and any purchase or other
transaction with Us.
17. Severability.
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.
18. No Waiver.
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.
19. Effect of Headings
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.