Alphastar LLC Terms of Service
Effective as of November 10, 2020
1. DEFINITIONS
Welcome to the AlphaStar Healing Services .com’s Terms of Service agreement.
For purposes of this agreement,
“Site” refers to the Company’s website, which can be accessed at https://alphastarhealingservices.com/.
“Service” refers to the Company’s services accessed via the Site or in-person at AlphaStar Healing Services, Tucson, AZ.
The terms “we,” “us,” and “our” refer to the Company.
“You” refers to you, as a user of our Site or our Service.
Please read these Terms of Service (“Agreement”, “Terms of Use”, “Terms & Conditions”) carefully before using this website (“the Site”). This Agreement sets forth the legally binding terms and conditions for your use of the Site.
The following Terms of Service apply when you view or use the Service via our website located at https://alphastarhealingservices.com/ or in person at AlphaStar Healing Services, Tucson, AZ.
2. CONSENT
You agree to the terms and conditions outlined in this Terms of Service Agreement (“Agreement”) with respect to the “Site”.
This Agreement constitutes the entire and only agreement between us and you and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement.
This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site and discontinue any use of the Site immediately. Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Service. If you do not agree to be bound by these Terms of Service in their entirety, you may not access or use the Service.
3. CHANGES TO THESE TERMS OF SERVICE
MODIFICATION OF TERMS OF USE
We can amend these Terms of Use at any time and will update these Terms of Service in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Service.
4. PRIVACY POLICY
The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy (found here: https://alphastarhealingservices.com/privacy-policy/) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Service.
5. USER GUIDELINES
I. REGISTRATION; RULES FOR CONDUCT AND USE OF OUR SERVICES
You need to be at least 18 years old and a resident of the United States to register for and use the Service.
If you are a user who signs up for the Service, you will create a personalized account to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your account.
II. SITE RULES & USE RESTRICTIONS
Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions:
You agree that you will not under any circumstances:
· access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service,
· collect or harvest any personal data of any user of the Site or the Service
· use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise;
· distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
· use the Service for any unlawful purpose or for the promotion of illegal activities;
· attempt to, or harass, abuse or harm another person or group;
· use another user’s account without permission;
· intentionally allow another user to access your account;
· provide false or inaccurate information when registering an account;
· interfere or attempt to interfere with the proper functioning of the Service;
· make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
· bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
· circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or
· publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.
6. WE ARE NOT IN A DOCTOR – PATIENT RELATIONSHIP
By browsing, scheduling, making a payment, or otherwise viewing the Site, Services and/or Products, you understand and agree that Elisabeth Heneage, MBA, ND and/or Alphastar Healing Services, Alphastar LLC are not your doctors or healthcare practitioner and you are not in a doctor – patient relationship in any way, for any issue.
We do not offer any formal medical relationship on this Site or Service. Therefore you are not in a doctor-patient relationship with Elisabeth Heneage, and/or AlphaStar Healing Services and/or Alphastar LLC by browsing, making an appointment, making payments for Services, viewing the Site and/or Services.
7. THIS SITE AND ITS CONTENT DOES NOT CONSTITUTE HEALTH OR MEDICAL ADVICE
This Site and its Content are solely for informational purposes. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis or treatment. The use of information provided through this Site is solely at your own risk and is not medical or healthcare advice.
8. CONSULT WITH A MEDICAL OR PROFESSIONAL HEALTH CARE PRACTITIONER ADVISED
If you have any concerns or questions about your health, you should always consult with a physician or other healthcare practitioner. You should consult your medical doctor or healthcare practitioner before beginning any new health program.
9. LINKS TO THIRD-PARTY SITES OR EXTERNAL WEBSITES
As part of the Service, we may provide you with links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content.
Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness. We are not responsible for any Third Party Sites accessed through the Site.
Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Service, no longer govern.
10. INTELLECTUAL PROPERTY OWNERSHIP
Unless otherwise indicated, the Site is our proprietary intellectual property. The Site and its “Content” and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Service.
11. OUR LIMITED LICENSE TO YOU
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
12. YOUR LICENSE TO US
By commenting on the Site or submitting documents via email or social media, you represent that you are the lawful owner of said documents and the information they contain.
13. SHARING THE SITE AND ITS CONTENTS
Except as expressly provided in these Terms of Service, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
You must request and receive written permission by email (alphastarhs@gmail.com) before sharing the Site and its Content for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the Site: https://alphastarhealingservices.com. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website. Since the Site and its Content are not yours, you may not in any way imply or represent that the Site and its Content are yours.
14. PAYMENT TERMS
Payment for your session is due when you schedule your appointment. The payment due is a flat fee of $95 per session. This fee will be for each meeting and is paid in full prior to the appointment.
15. CANCELLATION & RESCHEDULE POLICY
Either party may, from time to time, need to cancel or reschedule any of the healing session meetings.
If we are responsible for the reschedule, an appointment will become available to Client as the soonest possible opportunity within ten (10) business days.
If you are responsible for the cancellation or reschedule, you agree to notify us no less than 24 hours prior to the scheduled meeting. If you cancel or reschedule within the 24-hour period, you agree to pay the full amount required for the meeting, if requested by us (at our sole and exclusive discretion). The Parties will then attempt to reschedule the meeting in good faith.
16. OUR REFUND POLICY
Of course we want you to be happy! If you are unhappy with the Service, please let us know so we can resolve the issue. Refunds of any Service you receive are in-office credit only. If you want a refund to be issued, you have 14 days (two weeks) to request the credit refund. Please contact us here.
17. RESPONSE TIME
You agree to respond to us no later than the following amount of time after being reached out to for communication: 1 business day.
In the event of an emergency or other similar conflict, we will give you as much notice as possible if there is the possibility of interruption to the Services, whether that interruption is temporary or long-term.
18. CONFIDENTIALITY
The existence of this relationship, as well as any information we receive from you, are to be fully and completely confidential under the terms of this Agreement. You hereby acknowledge and agree, however, that a Coach-Client relationship is not considered a legally confidential relationship and therefore communications between Coach and Client are not subject to any legal confidentiality requirement or privilege. Coach will not, however, disclose Client’s name or any of Client’s information without Client’s consent, unless subject to a legal requirement, such as a court order, subpoena, or law enforcement inquiry. It will be the Client’s responsibility to address any confidentiality issues with the Coach.
Confidential information under this Agreement shall specifically not include the following categories: (1) information that is generally known to the public or known to your specific industry, (2) information freely given by Client to any third-party; (3) information received by Coach from any source that is not Client; (4) information in Coach’s possession prior to this contractual Agreement; (5) information developed independently by the Coach; (6) information which is received by the Coach from the Client but that may imminently harm the Client or another individual; or (7) information about any illegal activity.
19. TERMINATION
If your use of this Site or Services is abused by you, we may terminate your access to the Site and Services, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of this Agreement that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. 20.
20. EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
21. USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to alphastarhs @ gmail.com or mail to the following postal address:
Alphastar Customer Support
1718 E. Speedway Blvd., #235
Tucson, AZ 85719.
Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.
22. GOVERNING LAW
These Terms of Service (and any further rules, polices, or guidelines incorporated by reference) and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Arizona, without giving effect to any principles of conflict of law provisions.
23. WARRANTY DISCLAIMER
THE SERVICE, IS PROVIDED “AS IS,” WITH A 30 DAY WARRANTY. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
24. ARBITRATION CLAUSE
If you have any complaint or any issue with the Site or Services, please contact us directly first by emailing Elisabeth at alphastarhs@gmail.com
If we are to amicably resolve your dispute, you agree that you and Alphastar LLC shall use the mediation services provided by the Attorney General of Arizona. The Terms of Service specify that all disputes are to be resolved by mediation as put forth in Arizona law.
By agreeing to this term, You, the client, hereby agree and understand you are waiving your rights to a jury trial in court.
If a judgment is made, the judgment will be binding and will be entered. The only award that can be issued to you is a refund of any payment made to Alphastar Healing Services, Alphastar LLC for the Service. You are not permitted to seek additional damages, including consequential or punitive damages.
25. LIMITATION OF DAMAGES/LIABILITY
RELEASE TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a merchant of a product or service using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident using the Service, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
26. GENERAL TERMS
If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF USE AND CONDITIONS, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT https://alphastarhealingservices.com/privacy-policy/ REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
27. CONTACT INFORMATION
AlphaStar Healing Services
1718 E. Speedway Blvd.
#235
Tucson, Arizona 85719
(800) 323-2421
alphastarhs @ gmail .com