Terms and Conditions of Use
This website (the “Site”) is operated by Aletha Inc. (“Aletha”). Throughout the site, the terms “we”, “us” and “our” refer to Aletha Inc. (“Aletha”). Aletha offers this website, including all products, information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms and Conditions of Use, “Terms”, or this “Agreement” each of which defined terms shall have the same meaning and be completely interchangeable in their use), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
General Terms
Any new features, products, services, or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website without advance notice. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. If you are having problems accessing the Terms, please discontinue using the website and contact the website administrator, and a copy of the Terms will be sent to you. Each use of the website shall constitute and be deemed your unconditional acceptance of all of these Terms.
Intended Audience
This Site is intended for adults only. This Site is not intended for anyone under the age of eighteen.
Ownership
“Content” means text, graphics, images, music, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through Aletha's websites and social media. All content included on these sites is and shall continue to be the property of Aletha or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in these Terms. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
Restrictions
Except as expressly permitted in writing by an authorized representative of Aletha, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the Aletha products, nor will you take any measures to interfere with or damage the Aletha products. Unless otherwise specified, copying or modifying any Aletha products or content for any purpose other than your personal, non-commercial use of the Aletha products, including the use of any such Content on any other Aletha social media and websites or networked computer environment, is strictly prohibited. All rights not expressly granted by Aletha in these Terms are reserved.
Trademarks
“Aletha”, “Hip Hook by Aletha”, “Aletha Health”, “Untight”, “Secondary Core”, “Unstressed”, “As You Were”, “Prep Like a Pro”, the Aletha logo, “Mark”, “Range”, “Orbit”, “alethahealth.com”, “shop.alethahealth.com”, “christine-koth.myshopify.com”, and others are either trademarks, registered trademarks or domain names of Aletha. Other product and company names mentioned on this Site may be trademarks of their respective owners.
Privacy
Our Privacy Policy is part of these Terms. Please review them to learn about what information we may collect about you; what we use that information for; and with whom we may share information.
Site Use
Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Aletha site, Aletha grants you a limited, non-transferable, nonexclusive, revocable right and license to access and use the Aletha products for your own personal, non-commercial home use purposes, a right which may not be assigned or sublicensed to anyone. This license grant is subject to you agreeing to and abiding by these Terms and not for republication, distribution, sublicense, sale, preparation of derivative works, or other use. This right and license will remain in effect unless and until you violate these Terms or this license is terminated by you or Aletha. You agree not to copy materials, products, or services in violation of any law. The use of this Site is at the discretion of Aletha and Aletha may terminate your use of this Site at any time.
Links to Third Party
Please note that your access to any links to third party sites, including Aletha’s affiliates sites, are operated by a third party. Aletha neither controls or endorses these sites, nor has Aletha reviewed or approved the content that appear on them. Aletha is not responsible for the legality, accuracy or inappropriate nature of any content, products, advertising, products or any other materials on any such third party sites. You acknowledge and agree that Aletha is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third party sites.
Sale of Products
Aletha may offer products through the Aletha Site or other websites affiliated with Aletha. Aletha cannot guarantee the availability of products and any information provided is subject to corrections and changes without notice. All images or graphics on Aletha sites are for illustrative purposes only and may not accurately reflect actual product availability. The sizes, colors and other variants depicted are for illustration only and are subject to change. Aletha reserves the right to correct any errors, inaccuracies or omissions and we reserve the right to cancel an order placed for any lawful reason prior to our delivery of the product(s), provided that we will refund any fees that you prepaid for those products if we cancel. Please see our Refund Policy for further information about Aletha products.
Limited Warranty
The warranty obligations of Aletha Inc. for this product are limited to the terms set forth in the Instruction Manual, which covers the original purchase of Aletha products and the return, exchange or replacement of the same. Please read this manual carefully as it set forth all other warranties, remedies and conditions of Aletha’s obligations with regard to our products. This limited warranty gives you specific legal rights, and you may have other rights which vary from country to country or state to state. This limited warranty is void if: (i) the product has been opened and or tampered with by someone other than an authorized Aletha Inc. service provider (ii) the product has sustained water damage, other accidental or intentional damage, or been misused or abused, (iii) the product is not distributed by Aletha Inc. or (iv) this product is not purchased from an authorized Aletha Inc. reseller. If these terms and conditions are not acceptable to you, simply return the product within 60 days of purchase for a full refund. Please see our Refund Policy here.
Indemnification
You agree to indemnify, defend and hold harmless Aletha and our directors, officers, partners, employees, contractors, agents, and affiliates, from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your use of the Site, any of its content, or in any way pertaining to these Terms and Conditions or the breach thereof.
Compliance with Laws
You agree to comply with all applicable laws regarding your use of the Site. You further agree that all information provided by you is truthful and accurate to the best of your knowledge.
Disclaimer
ALETHA PRODUCTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT PURCHASE AND USE OF OUR PRODUCTS AT YOUR SOLE RISK. ALETHA DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF OUR PRODUCTS, THE SITE AND ITS CONTENT SHALL BE TO DISCONTINUE USING THE PRODUCTS AND THIS SITE. No medical claims are made or implied by Aletha Inc. with respect to our products offered for sale on this site by Aletha Inc. or any of its related devices. None of Aletha Inc’s products are intended to diagnose, cure, prevent, treat or mitigate any medical condition or disease. Always seek professional medical advice for the diagnosis and treatment of any health condition. All of the information expressed herein must be considered theoretical and unproven and for educational purposes only and is not a medical device and has not been evaluated by the FDA. Results may vary. By virtue of your purchase and use of our product, you agree to indemnify, defend and hold harmless Aletha and each of its affiliates and their employees, officers, directors and agents from and against any and all liability, loss, damage, expense (including reasonable attorney’s fees and expenses) and cost (collectively, a liability) that the seller indemnified party may be required to pay to one or more third parties resulting from or arising out of (a) personal injury or death of any person as a result of the use of the product or (b) the conduct or information shared by the seller or its affiliates or licensees or sublicensees in respect to the product. By purchasing and using our product you agree to be bound by the terms of this disclaimer, and agree to assume certain risks, all of which limits your rights and restricts Aletha Inc.’s obligations to you.
Force Majeure
Aletha shall not be liable for any failure or delay in performance caused beyond Aletha’s reasonable control and not caused by Aletha’s fault or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, pandemic, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that Aletha is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL ALETHA BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE AND/OR CONTENT USE.
Governing Law & Severability
This Agreement shall be governed by and construed in accordance with the laws of the State of California excluding any conflicts-of-law principles or rules that might otherwise cause the laws of another jurisdiction to apply. All actions or proceedings with respect to, arising directly or indirectly in connection with, out of, related to, or from, this Agreement shall be litigated exclusively in courts having situs in the County of San Mateo, California, or in the case of federal courts, the court with jurisdiction that is closest in proximity to the San Mateo County Superior Court. If any term or provision of this Agreement is determined to be legally invalid or unenforceable by a court with lawful jurisdiction, such term or provision shall not affect the validity or enforceability of any remaining terms or provisions of this Agreement, and the court shall so far as possible, construe the invalid portion to implement the original intent thereof.
Use of Information
Aletha reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
Online Store Terms
Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you. The Online Store is governed by the specific terms and conditions set forth herein in addition to all of the other Terms on Shopify Inc. In the event of a conflict between any Terms posted on our store and Shopify Inc., our Terms will control.
Entire Agreement
These Terms incorporate the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to other Aletha Sites from time to time: Privacy Policy, Refund Policy, and Instruction Manual. These Terms represent the entire understanding between Aletha and you and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Modification
We may update these Terms at any time, in our sole discretion. Updates and modifications will be effective on the date that they are posted to our Sites and it’s important that you check and review these updates and modifications whenever they become available. If you continue to use our sites after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use our sites anymore. We may change or discontinue all or any of our products or services at any time and without notice, at our sole discretion.
