ALTERING COURSE TERMS OF USE
Last Updated: April 8, 2023
1. THESE TERMS OF USE. THESE TERMS OF USE (“TERMS OF USE”) ARE A LEGAL CONTRACT BETWEEN YOU AND LAURAN KERR-HERALY, INDIVIDUALLY [LKH] AND ALTERING COURSE LLC (“ALTERING COURSE”). The alteringcourse.com website provides users with access to courses, webinars, community membership, newsletters and other paid and no-cost content regarding a wide spectrum of parenting, childhood, family, self-care, and partnership topics, and it allows subscribers to connect and share with one another on the Altering Course platform regarding such topics. The terms “Altering Course,” “we,” “us,” and “our” refer to Lauran Kerr-Heraly, Individually and d/b/a Altering Course. The terms “you” and “your” refer to any person accessing and/or using the Site, including accessing or subscribing to Available Content (as such terms are defined in Section 7). We provide the Site to you expressly subject to these Terms of Use, together with our Privacy Policy and our Community Guidelines. “Terms” means these Terms of Use and our Community Guidelines. By clicking the checkbox to indicate your assent, you hereby signify that you agree to the Terms. If you do not or are unable to agree to these Terms, do not use the Site.
License: Subject to these Terms and Our policies, We grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use Our Services/Products. You may use Our Product(s) only for Your personal, non-commercial use, unless You obtain Our written permission to otherwise use the Product(s). You also agree that You will access, and/or use only one User Account, unless expressly permitted by Us, and You will not share access to Your User Account
or access information for Your Account with any third party. Using our Services/Product(s) does not give you the ownership of or any intellectual property rights in Our Services or the Product(s) you access for a fee paid through Our Website.
NOTE: PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTIONS) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND, FURTHER, THAT: (1) YOU WILL BE PERMITTED TO PURSUE CLAIMS AGAINST ALTERING COURSE ONLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; (2) YOU WILL BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS; AND (3) YOU ARE WAIVING YOUR RIGHT TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
The Available Content on this Site is for informational purposes only. As described further in Section 13 below, Altering Course is not engaged in rendering therapy services by providing the Site, and your use of the Site does not create any therapist-patient or other treatment relationship between you and Altering Course or any of its representatives. We may modify these Terms from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page, and will notify you by email when we make material changes to these Terms of Use. By continuing to use the Site after any changes come into effect, you agree to the revised Terms; if you do not agree with any of the revised Terms, you must stop using the Site.
2. YOUR ACCOUNT. The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, are not barred from using the Site under applicable laws or by Altering Course, and are at least 18 years old. By using this Site, you represent that you meet all of these eligibility requirements.
In order to access and use paid Available Content, materials and services offered on and through the Site, you must register for an account. When you register for an account, you must provide us with some basic information, including your first name and last name, an email address, payment card information, user ID and a password or Google authentication credentials. You will also have the ability to provide additional optional information in response to questions in connection with onboarding. Please keep your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password. You are solely responsible for anything that happens if you fail to maintain the security and confidentiality of your account. If someone is using your password or accessing your account without your permission, email us at lauran@alteringcourse.com.
3. YOUR PRIVACY. Altering Course collects registration and other information about you through the Site. Please refer to our Privacy Policy for details on how we collect, use, and disclose this information.
4. PROHIBITED ACTIVITIES. You agree that you will not (directly or indirectly) use the Site to advertise or disseminate advertisements regarding any offered products or services, or the need for any products or services, regardless of whether you are doing so on a professional or personal basis. This prohibition includes, without limitation, advertisements and disseminations of advertisements regarding the offer, purchase, sale, sharing, and/or availability of educational or parenting products and services, and other similar products and services. Additionally, you agree that you will not (directly or indirectly) use the Site: (a) to advertise or disseminate advertisements regarding any other types of promotional materials, ‘pyramid schemes’, ‘junk mail’, and ‘chain letters’; (b) to advertise or disseminate advertisements of a political nature, including, but not limited to, disseminating information on political rallies, marches, protests, and/or other political events; (c) for any unlawful purpose or for any purpose that would give rise to civil liability; (d) to solicit others to perform or participate in any unlawful acts; (e) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (f) to submit false or misleading information, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any content transmitted to or via the Site; (g) to upload or transmit viruses or any other type of malicious code that may be used in any way to affect the functionality or operation of the Site; (h) other than for your use of the Site as expressly permitted in these Terms, to access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way; (i) or to spam, phish, pharm, pretext, spider, crawl, data-mine, or scrape; (j) to interfere with or circumvent the security features of the Site; (k) to damage, disable, overburden, or impair Altering Course’s servers or networks; (l) to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (m) to use language, images, or other content that Altering Course in its sole discretion deems insensitive, offensive, obscene, sexually explicit, or otherwise inappropriate or inconsistent with Altering Course’s brand; or its community guidelines; or (n) to post anything that exploits children or that depicts cruelty to animals. For additional information on acceptable and unacceptable Site activities, please see our Community Guidelines.
5. USER CONTENT, LIVE EVENTS AND CONDUCT OF OTHERS.
At Altering Course, we value community. By using our Site or purchasing and attending live event workshops you agree to conduct yourself as a productive and respectful member of the conversation.
When we become aware of inappropriate User Content (as defined in Section 6 below) on the Site or conduct at one of our live events, we reserve the right to investigate and take appropriate action, which may include temporary or permanent suspension from our Site or, in the case of a live event, removal of any participant whose comments or behavior are deemed to be inappropriate or disruptive.
Notwithstanding any of the foregoing, Altering Course does not control the User Content or conduct of other members. We are not required to monitor, police, or remove any User Content or conduct, and we assume no liability for any such User Content or conduct. Additionally, we are not a party to any communications or arrangements made among members through the Site. We do not conduct or require background checks on members, and we do not attempt to verify the truth or accuracy of statements made by members. We make no representations or warranties concerning the conduct or User Content of any members or their interactions with you.
6. YOUR USER CONTENT.
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (“User Content”) and through the services available in connection with this Site. You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content that you make. You have full responsibility for any and all User Content you make, including its legality, reliability and appropriateness.
You agree that any User Content provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You hereby grant to Altering Course a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your User Content, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the User Content. We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media.
7. SITE USE RESTRICTIONS AND INTELLECTUAL PROPERTY.
(a) As used in these Terms, “Site” means: (i) the websites
alteringcourse.com and any future affiliated website(s), including all webpages on such websites; and (ii) the workshops, lessons, podcast episodes, videos, audio files, scripts, newsletters, articles, documents, photos, and other content made available to you, on a paid or non-paid basis, for your informational and instructional use (collectively, the “Available Content”); and (iii) any current or future public forum(s) hosted on, or as part of, the Site.
(b) All Available Content and other aspects of the Site are protected by copyright and owned, controlled, or licensed by Altering Course. You may not: (i) sell, rent, lease, copy, reproduce, hyperlink, frame, republish, upload, post, modify, transmit, translate, encode, publicly display, or distribute in any way via any medium any Available Content or any other part of the Site without Altering Course’s express prior written consent; (ii) remove any proprietary notices or labels on the Available Content; (iii) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used on or as part of the Site; or (iv) use the Site for any commercial or illegal purpose.
(c) Most Available Content is in “streaming” format, which means that it is made available to you as a contemporaneous digital transmission via the Internet from the Site to your device for personal viewing in real-time. You may not download any Available Content or any other part of the Site without Altering Course’s express prior written consent, unless Altering Course specifically indicates that downloading is permitted in which case you may download one copy of such Available Content on any single device for your personal, non-commercial use only, so long as you keep intact all copyright and other proprietary notices.
(d) The Available Content and all other aspects of the Site, including any and all trademarks, logos, text, images, graphics, music, data, software, source code, and other information available through or as a part of the Site, and including the design, structure, selection, coordination, expression, “look and feel”, and arrangement of the Site, are the sole property of Altering Course and/or its licensors, are protected by copyright, trademark, and other intellectual property laws, and may not be used except in accordance with these Terms or with Altering Course’s express written consent. Subject to your compliance with these Terms, Altering Course grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to use the Site in order to access and use Available Content, in every case solely for your personal, non-commercial purposes. Other than as necessary for your use of the Site in accordance with these Terms, Altering Course grants you no other privileges, licenses, or rights in and/or to the Site, and you must keep intact all patent, copyright, trademark, and other proprietary notices on the Site.
(e) You acknowledge and agree that any breach of any provision of this Section 7 would result in irreparable harm to Altering Course , for which money damages alone would be an inadequate remedy, and, therefore, you agree that Altering Course is entitled to injunctive relief to prevent or restrain any breach or threatened breach of this Section 7, in addition to any other remedies available at law or in equity.
8. AVAILABILITY AND STREAMING QUALITY OF AVAILABLE CONTENT. Altering Course regularly updates the Available Content on the Site. Additionally, Altering Course may test certain Available Content or Site features by making them available to you for limited periods of time. In all cases, Altering Course reserves the right to make changes to, or remove from the Site, any or all Available Content at any time without notice and without liability to you or third parties. The playback resolution and quality of the Available Content depends on a number of factors. Altering Course makes no guarantee as to the resolution or quality of the Available Content you will receive when streaming, even if you have paid for access to such Available Content.
9. PAID CONTENT AND SUBSCRIPTION SERVICES. Altering Course offers monthly and annual subscription access to membership tiers for a fee payable in advance on a monthly or annual basis. In addition, members may have the ability to purchase additional sessions or services for additional fees and such additional sessions or services may be subject to additional terms that must be agreed upon in order to access the additional session or services. Except as expressly set forth herein, all fees are non-refundable once paid. All fees are in U.S. dollars. Any promotional or “trial basis” discounts offered are temporary and will terminate at the end of the applicable promotional period, but may be terminated earlier in Altering Course’s sole discretion. You agree to pay the applicable quarterly or annual subscription fee in exchange for access to the relevant Available Content. The fee we will initially charge you for your subscription will be the price posted on the Site on the date that you register as a member. You may pay for your subscription fee only with credit and debit card payments (Visa, Mastercard, American Express, Discover, JCB, Diners Club, China UnionPay, debit cards
[l2] .) We will charge your credit or debit card for your first subscription fee on the date that we process your order for your subscription (or if you sign-up for a subscription using that includes a free-trial period, we will charge your credit or debit card for your first subscription fee upon the expiration date of the applicable free-trial period). Once your credit or debit card is charged the first subscription fee (or if you sign-up for a subscription that includes a free-trial period, once we have processed your order for your subscription), you will receive a confirmation e-mail notifying you of your ability to access those subscription- or member-only portions of, and fee-based Available Content on, the Site.
IMPORTANT NOTICE: ALTERING COURSE WILL AUTOMATICALLY RENEW YOUR MEMBERSHIP ON EACH MONTHLY OR YEARLY (AS APPLICABLE) ANNIVERSARY OF THE DATE THAT ALTERING COURSE FIRST CHARGES YOUR CREDIT OR DEBIT CARD FOR THE FIRST SUBSCRIPTION FEE AND, AS AUTHORIZED BY YOU DURING THE MEMBERSHIP SIGN-UP PROCESS, ALTERING COURSE WILL CHARGE YOUR CREDIT OR DEBIT CARD WITH THE APPLICABLE QUARTERLY OR YEARLY (AS APPLICABLE) SUBSCRIPTION FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR SUBSCRIPTION FEE PAYMENT (UNLESS YOU CANCEL PRIOR TO THE ANNIVERSARY DATE). IF YOU SIGN UP FOR A SUBSCRIPTION VIA A GIFT CARD OR A SUBSCRIPTION THAT INCLUDES A FREE-TRIAL PERIOD, UNLESS YOU HAVE CANCELLED YOUR SUBSCRIPTION PRIOR TO THE EXPIRATION OF THE GIFT CARD PERIOD OR FREE-TRIAL PERIOD, AS AUTHORIZED BY YOU DURING THE MEMBERSHIP SIGN-UP PROCESS, ALTERING COURSE WILL AUTOMATICALLY CHARGE YOU FOR THE FIRST QUARTERLY OR YEARLY (AS APPLICABLE) SUBSCRIPTION FEE UPON THE EXPIRATION OF THE GIFT CARD PERIOD OR THE FREE-TRIAL PERIOD (AS APPLICABLE) AND EACH SUBSEQUENT QUARTERLY OR YEARLY (AS APPLICABLE) SUBSCRIPTION FEE ON THE QUARTERLY OR YEARLY (AS APPLICABLE) ANNIVERSARY OF THE DATE OF THE FIRST BILLING. EACH SUBSCRIPTION RENEWAL PERIOD IS FOR ONE QUARTER OR ONE YEAR. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME THROUGH YOUR ACCOUNT SETTINGS OR BY CONTACTING SUPPORT AT SUPPORT@ALTERINGCOURSE.COM (ATTN: LEGAL) PROVIDED THAT ANY SUBSCRIPTION FEES CHARGED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION WILL NOT BE REFUNDED, IN WHOLE OR IN PART. YOU WILL NOT BE ELIGIBLE FOR A PRO-RATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR ANY UNUSED DAYS OF THE THEN-CURRENT QUARTERLY OR YEARLY (AS APPLICABLE) SUBSCRIPTION TERM. ALTERING COURSE REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR MEMBERSHIP BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT QUARTERLY OR YEARLY (AS APPLICABLE) SUBSCRIPTION TERM FOR WHICH YOU HAVE PAID, AND YOUR MEMBERSHIP BENEFITS WILL EXPIRE AT THE END OF THE THEN-CURRENT QUARTERLY OR YEARLY (AS APPLICABLE) SUBSCRIPTION TERM.
AUTOMATIC RENEWAL TERMS: To facilitate continuity of service to you, each Gift Card membership or free-trial membership that becomes a paid membership subscription, and each paid membership subscription, contains automatic renewal terms. You agree that you will be charged the fee you agreed to (depending on your particular subscription agreement) for the length of time you agreed to, and that your subscription will automatically renew on those same terms until you cancel at any time by emailing support@alteringcourse.com (Attn: Legal), or through your Account Settings page, and you have read and agree to our Terms of Use and Privacy Policy. You represent and warrant that you are authorized to use the payment method designated, and you authorize Altering Course and our designated third-party payment processors to charge your designated payment card now and upon each renewal for the total amount of any fees you owe to Altering Course, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your access to the Available Content may be terminated. For subscription services, unless you submit a nonrenewal notice through the Site prior to the end of the then-current subscription term, your subscription will automatically renew. Applicable fees for such renewals will be at Altering Course’s then-current rates. If your subscription is not renewed, a cancellation will be effective on the next renewal date of your subscription following your notice of cancellation and your access to the fee-based Available Content will terminate at the end of your then-current subscription term. Altering Course reserves the right, in its sole and absolute discretion, to change its subscription plans or adjust its access fees or subscription fees at any time (but not the price in effect for your then-current subscription term). Any such changes will take effect following notice to you.
CANCELLATION TERMS: YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY GOING TO YOUR ACCOUNT SETTINGS PAGE OR EMAIL SUPPORT@ALTERINGCOURSE.COM (ATTN: LEGAL) FOR ASSISTANCE, EXCEPT THAT YOU WILL BE CHARGED SUBSCRIPTION FEES UNTIL THE EXPIRATION OF YOUR THEN-CURRENT SUBSCRIPTION TERM AND SUBSCRIPTION FEES WILL NOT BE REFUNDED, IN WHOLE OR IN PART, SUBJECT TO APPLICABLE LAW. YOU WILL NOT BE ELIGIBLE FOR A PRO-RATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR ANY UNUSED DAYS OF THE THEN-CURRENT SUBSCRIPTION TERM. ALTERING COURSE REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR MEMBERSHIP BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT SUBSCRIPTION TERM FOR WHICH YOU HAVE PAID, AND YOUR MEMBERSHIP BENEFITS WILL EXPIRE AT THE END OF THE THEN-CURRENT SUBSCRIPTION TERM.
Refunds. Altering Course is confident that an Altering Course membership subscription will provide you with helpful resources and community. However, if you do not find the tools and support you need, email us at support@alteringcourse.com and let us know. If you email us within the first 30 days of initiation of your subscription stating that you want to discontinue your membership and we are unable to resolve your concern, we will offer you a full refund. Please allow approximately 3-5 business days for your refund to be processed and the refund will be applied to the payment card used to purchase the subscription. Your membership benefits will expire upon the processing of your refund.
11. THIRD-PARTY LINKS; AFFILIATE ADVERTISING. The Site contains links to websites, tools, and resources operated by parties other than Altering Course. While such links are provided as a convenience to you, many of the websites we link to are operated by third parties that pay Altering Course fees when you purchase their products after clicking on a link from our Site. Participating in affiliate advertising makes it possible for Altering Course to continue providing you with relevant and valuable Available Content. Notwithstanding the foregoing, Altering Course does not control such third-party websites, tools, or resources, and WE ARE NOT RESPONSIBLE FOR THE CONTENT, PRODUCTS, SERVICES, OR INFORMATION OFFERED BY ANY SUCH THIRD PARTIES. Neither the inclusion on the Site of links to such third-party websites nor our participation in affiliate marketing programs with such third parties shall be construed as Altering Course’s endorsement of any such third-party content, products, or services. IF YOU ACCESS OR USE ANY THIRD-PARTY RESOURCES, YOU DO SO ENTIRELY AT YOUR OWN RISK, AND WE SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATING TO YOUR ACCESS OR USE OF SUCH THIRD-PARTY RESOURCES. Additionally, note that you will be subject to the terms and conditions and the privacy policies imposed by such third parties. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
12. UNSOLICITED INFORMATION. From time to time, you may send us unsolicited information or materials, including, without limitation, ideas or suggestions related to new or improved services, enhancements, names, technologies, advertising and marketing campaigns, plans, or promotions (collectively, “Unsolicited Information”). Notwithstanding the foregoing, Altering Course does not want to receive confidential or proprietary information from you, and you agree never to send to Altering Course any User Content that would violate or infringe any copyrights, trademarks, or any other intellectual property rights or other rights of third parties, including, without limitation, the rights of publicity or privacy. By sending Altering Course any Unsolicited Information you grant to Altering Course , its affiliates and subsidiaries, an unrestricted, irrevocable, perpetual, worldwide license to use, reproduce, display, perform, modify, transmit and distribute such Unsolicited Information, and you also agree that Altering Course is free to use any ideas, concepts, know-how or techniques that you send to it for any purpose, without attribution or compensation to you of any kind. Altering Course has no obligation to review any Unsolicited Information. These provisions do not govern Altering Course’s obligations with respect to your personal information, which obligations are set forth in Altering Course’s Privacy Policy.
13. INTELLECTUAL PROPERTY INFRINGMENT.
Altering Course respects the intellectual property rights of others, and we ask you to do the same. Altering Course may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others.
Submitting a Notification
If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Altering Course’s designated agent the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Altering Course to locate the material.
(d) Information reasonably sufficient to permit Altering Course to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(g) Altering Course’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
Attn: Lauran Kerr-Heraly, Individually and d/b/a Altering Course
Address:
Altering Course
5300 N Braeswood Blvd Ste 4- 677
Houston, TX 77096
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Altering Course’s designated agent that includes all of the following information:
(a) Your physical or electronic signature;
(b) Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
(c) A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
(d) Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Altering Course may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
Altering Course reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject of repeated DMCA or other infringement notifications.
14. NOT PROFESSIONAL ADVICE; NO PROFESSIONAL RELATIONSHIP CREATED. Although this Site may provide information related to mental health, clinical psychology, and other medical issues, such information is not intended to constitute or be a substitute for advice from a qualified healthcare provider. Altering Course is not engaged in rendering mental health advice, clinical psychology advice, therapy or other medical advice or services by providing the Site, and your use of the Site does not create any therapist-patient or other treatment relationship between you and Altering Course or any of its representatives (including, but not limited, Altering Course's principal, Lauran Kerr-Heraly). Altering Course assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the Available Content or other information or material on this Site. Reliance on any information provided by Altering Course , Altering Course representatives or others contributing to the Site at the invitation of Altering Course, or subscribers to the Site, is solely at your own risk. Always seek the advice of your qualified healthcare professionals with any questions you may have regarding a medical condition. Never disregard professional advice or delay in seeking it because of something you have read on this Site.
15. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, SERVICES, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE IS PROVIDED TO YOU ‘AS IS’ AND ‘AS AVAILABLE’, WITHOUT ANY REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT, OR RELATING TO THE QUALITY, SUITABILITY, OPERABILTY, CONDITION, TRUTH, ACCURACY, ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL ALTERING COURSE BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOSS OF DATA, OTHER ECONOMIC ADVANTAGE OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM: (A) YOUR USE OF THE AVAILABLE CONTENT OR OTHER PARTS OF THE SITE; (B) THE SITE’S SECURITY, OPERABILITY, OR AVAILABILITY; (C) ANY INFORMATION, ADVICE, SERVICES, OR GOODS OBTAINED THROUGH OR ADVERTISED ON THE SITE; (D) STATEMENTS, CONDUCT, INTERACTIONS, OR DEALINGS WITH ANY OTHER SITE MEMBER OR THIRD PARTY; OR (E) ANY OTHER CLAIM RELATED IN ANY WAY TO THE SITE – EVEN IF ADVISED OF THE POSSIBILITY OF SUCH INJURY, LOSS, CLAIM, OR DAMAGES. Our liability to you or any third parties in any circumstance is limited to the greater of $100 or the amount of fees, if any, you paid to us in the twelve months prior to the action that may have given rise to liability. The limitations set forth in these Terms do not limit Altering Course’s liability for gross negligence, fraud, or intentional, malicious, or reckless misconduct. Further, because some jurisdictions do not allow the limitation of liability for consequential or incidental damages, in such jurisdictions Altering Course’s liability shall be limited to the maximum extent permitted by law. If you are based in the EU, you may have additional legal remedies.
16. INDEMNIFICATION. To the full extent permitted by applicable law, you agree to indemnify, defend, and hold Altering Course and its officers, directors, shareholders, employees, contractors, and agents harmless from any costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) suffered in relation to or arising from any claim or demand made by any third party due to or arising out of your violation of these Terms; your use, misuse, or abuse of the Site; your User Content; your violation of any law, statute, ordinance or regulation; or your violation of the rights of a third party. You agree to cooperate with Altering Course in defending such claims and not to settle any claim without Altering Course’s prior written consent.
17. DISPUTE RESOLUTION BY BINDING ARBITRATION; CLASS ACTION WAIVER; JURY WAIVER; GOVERNING LAW AND VENUE.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Please read this Section carefully. It provides that all Disputes between you and Altering Course shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees).
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED BELOW, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
(a) Pre-Arbitration Claim Resolution. Before making a claim, you and Altering Course agree to try to resolve any disputes through good faith discussions. For the purpose of this Section, “Altering Course” means Altering Course and its owners, parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. As used herein, the term “Dispute” means any dispute, claim, or controversy regarding, arising out of or relating to these Terms, any aspect of your relationship with Altering Course, or your use of the Site, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Section (with the exception of the enforceability of the Class Action Waiver clause below), but excluding any claims Altering Course may make for injunctive or other equitable relief. You or Altering Course may initiate this dispute resolution process by sending written notice describing the dispute and the proposed resolution. That written notification must include: (i) your name; (ii) your address; (iii) a written description of your Dispute; and (iv) a description of the specific relief you seek. In the event that you and Altering Course cannot resolve the issue within ninety (90) days following receipt of the initial notice, either party may bring a Dispute in accordance with the remainder of this Section 17.
(b) Jurisdiction. You agree that the Site shall be deemed a passive website based solely in Texas that does not give rise to personal jurisdiction over Altering Course, either specific or general, in jurisdictions other than Texas. These Terms shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Notwithstanding the foregoing, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Houston, Texas for any actions for which Altering Course may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of its intellectual property or proprietary rights, including any provisional relief required to prevent irreparable harm. You agree that Houston, Texas is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
(c) Arbitration Procedures; Location of Arbitration. For any Dispute not settled pursuant to Section 17(a), you and Altering Course agree to resolve such Dispute by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Section governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration. The arbitration will be conducted in Houston, Texas, unless you and Altering Course agree otherwise. You may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Altering Course from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property rights or other rights in our Available Content or other aspects of the Site.
(d) Class Action Waiver; Jury Waiver. Where permitted under applicable law, you agree to bring claims against Altering Course only in your individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless Altering Course agrees, no action or court of law may consolidate more than one person’s claims, or otherwise preside over any form of a representative, consolidated or class proceeding, against Altering Course . This waiver applies to class arbitration, and, unless Altering Course agrees in writing otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action). You understand and agree that by entering into these Terms you and Altering Course are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind. Notwithstanding the foregoing, per Section 22, this Section 17(d) shall be deemed deleted in the event that it is illegal or unenforceable under applicable law.
(e) Severability; Survival. If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable and the Dispute will be decided by a court. This Section shall survive the termination of your service with Altering Course or its affiliates.
18. TERMINATION. You agree that Altering Course , in its sole discretion, may suspend or terminate your use of the Site and may remove any User Content or other data within the Site, for any reason, including, without limitation, if Altering Course believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, if it is in the best interest of the Altering Course member community, or to protect our brand. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. Altering Course may also in its sole discretion and at any time discontinue providing any or all Available Content or any other part of the Site, with or without notice. You agree that any termination of your access to the Site under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that Altering Course may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to your account or the Site. In the event that you have a paid subscription to the Site and Altering Course terminates your access to the Site for any reason other than your breach of these Terms of Use, then Altering Course will refund you the prorated portion of any subscription fees which you have paid but not yet used. Except for the foregoing limited circumstance, you agree that Altering Course will not be liable to you or any third party for any termination of your access to the Site.
19. CALIFORNIA CONSUMER NOTICE.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site and service are provided by Altering Course, 5300 N Braeswood Blvd Ste 4-677, Houston, TX 77096. If you have a question or complaint regarding the Site or service, please contact Altering Course’s customer service at support@alteringcourse.com (Attn: Legal). You may also contact us by writing 5300 N Braeswood Blvd Ste 4-677, Houston, TX 77096. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
20. NOTICES. Except as otherwise stated in these Terms or as expressly required by law, any notice to us shall be given by certified postal mail to 5300 N Braeswood Blvd Ste 4-677, Houston, TX 77096, Attn: Legal, or by email support@alteringcourse.com (Attn: Legal). Any notice to you shall be given to the most current email address in your account.
21. ASSIGNMENT. These Terms are not assignable, transferable, or sublicensable by you except with Altering Course’s prior written consent, but may be assigned or transferred by us to any affiliate or subsidiary, or in connection with a merger, acquisition, reorganization, sale of Altering Course’s assets, or similar transaction.
22. ADDITIONAL TERMS. The Site is controlled and operated from the United States. Those who access or use the Site from other jurisdictions do so at their own risk and are solely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms. If any provision of these Terms is held by any court or administrative body of competent jurisdiction to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the validity of the remaining provisions herein, or the validity of all provisions in another jurisdiction. No joint venture, partnership, employment, or agency relationship exists between you and Altering Course as a result of these Terms or your use of the Site. Altering Course’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Altering Course’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Altering Course with respect to such use. These Terms constitute the entire agreement between you and Altering Course with respect to the Site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Altering Course with respect to the Site. The intellectual property rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
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