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Terms and Conditions

This Universal Terms & Conditions Agreement ("Agreement") is a legally binding contract between Dr. Alana, LLC, a Kansas limited liability company ("Company," "we," "us," or "our"), and any individual or entity ("User," "you," or "your") who accesses, purchases, downloads, enrolls in, participates in, or otherwise uses any product, program, service, material, communication, platform, or resource created, provided, or distributed by the Company (collectively, the "Offerings").

This Agreement applies universally to all current and future Offerings, including but not limited to:

  • Free guides, PDFs, handouts, downloads
  • Digital products or templates
  • Educational videos, webinars, workshops
  • Mini-courses, courses, series, or instructional modules
  • Email education, newsletters, and sequences
  • Group sessions or community-based programming
  • Live calls, Q&A sessions, workshops (non-medical)
  • Educational commentary on lab results
  • Educational commentary on supplements
  • Memberships, subscriptions, or recurring programs
  • Retreats, events, and in-person experiences
  • Physical products, supplements, and merchandise
  • Any other product or service offered now or in the future

By accessing or using any Offering, you agree to be bound by this Agreement. If you do not agree, you must discontinue use immediately.

1. AGE AND ELIGIBILITY

You must be 18 years or older to access, purchase, or use any Offering. By using any Offering, you represent and warrant that you meet this requirement.

2. NATURE OF OFFERINGS; NO MEDICAL ADVICE

2.1 Educational Purpose Only

All Offerings are created and provided solely for general educational and informational purposes. They are not intended as medical advice.

2.2 No Medical or Professional Relationship

You acknowledge and agree that:

  • The Company does not provide medical services, diagnosis, treatment, or prescriptions.
  • No doctor-patient, provider-patient, or other professional relationship is created.
  • Nothing presented in the Offerings may be interpreted as individualized medical advice.

2.3 Not a Substitute for Medical Care

You must consult appropriate, licensed medical professionals for diagnosis, treatment, medical interpretation, medication guidance, fertility decisions, and health questions. You agree not to interpret any Offering as a substitute for individualized care.

2.4 Supplement & Laboratory Information

Any references to supplements, labs, biomarkers, pathways, mechanisms, or scientific studies are for educational purposes only. You acknowledge that:

  • The Company does not know your medical history.
  • The Company does not assess interactions or contraindications.
  • You are solely responsible for consulting your licensed medical provider before making decisions regarding supplements, medications, or laboratory testing.

2.5 No Emergency Services

The Company does not provide urgent, emergent, crisis, or time-sensitive health support. If you are experiencing a medical emergency, you agree to contact emergency services immediately.

3. USER CONDUCT, COMMUNICATION LIMITATIONS, AND PROHIBITED BEHAVIOR

3.1 Prohibited Conduct

You agree not to:

  • Harass, threaten, abuse, defame, or disrupt the Company, facilitators, or other users
  • Request personalized medical advice via email, DM, messaging platforms, or live sessions
  • Provide or solicit medical advice to/from other users
  • Misuse or misrepresent the Offerings
  • Use Offerings in any professional, instructional, or competitive capacity
  • Engage in copying, reproducing, redistributing, or publishing any materials
  • Screen-record, save, capture, or download content without explicit written permission
  • Scrape, harvest, or extract content for AI training, dataset generation, machine learning, or automated systems
  • Share login credentials, course access, or paid content with any third party
  • Use Company trademarks, logos, branding, or likeness without express permission
  • Make false or misleading claims about your relationship with the Company

3.2 No Duty to Monitor

The Company has no obligation to monitor user behavior in community spaces, comments, groups, or discussions.

3.3 No Responsibility for User-Generated Content

The Company is not responsible for:

  • The accuracy of content posted by users
  • Advice, narratives, or interpretations shared by users
  • Harm arising from user reliance on such content
  • Misleading, false, or medically inaccurate statements shared by other participants

The Company may remove content or terminate access at its sole discretion.

4. INTELLECTUAL PROPERTY

4.1 Ownership

All Offerings, including all videos, text, templates, worksheets, methodologies, designs, branding, frameworks, concepts, modules, and materials, are the exclusive property of Dr. Alana, LLC.

4.2 License

Users receive a non-exclusive, non-transferable, revocable, limited license for personal educational use only.

4.3 Prohibited Uses

You may not:

  • Share, publish, upload, or distribute content
  • Create derivative works
  • Teach, present, or sell the material
  • Record or capture live sessions or video content
  • Allow others to view purchased materials
  • Use Offerings for commercial, academic, or instructional purposes
  • Use Company content to build competing products or services
  • Use materials for training AI, LLMs, algorithms, or datasets

Violation terminates your license immediately and may result in legal action.

5. PAYMENT, NO REFUNDS, AND CHARGEBACK POLICY

5.1 All Sales Final

All purchases are non-refundable, non-transferable, and non-cancellable. No exceptions will be made for:

  • Non-use
  • Dissatisfaction
  • Scheduling conflicts
  • Technical issues on the user's end
  • Change of interest or circumstances
  • Failure to review materials

5.2 Payment Obligation

You agree to pay all fees associated with any Offering, regardless of participation level.

5.3 Chargebacks Prohibited

You agree not to initiate chargebacks or payment disputes. If you do:

  • You must repay the disputed amount immediately
  • You are responsible for all resulting fees
  • The Company may pursue legal action or collection

5.4 Failed Payments

Upon payment failure, the Company may:

  • Terminate access
  • Refer the matter to collections
  • Pursue legal remedies
  • Assess interest and administrative fees

6. PRIVACY, DATA HANDLING, AND HIPAA-AVOIDANT DISCLOSURE

6.1 Data Collected

The Company may collect:

  • Name
  • Email
  • Phone number
  • Payment information
  • Voluntarily submitted questionnaire or intake responses
  • Analytics or usage patterns

6.2 Not a HIPAA Entity

The Company is not a medical provider and is not subject to HIPAA regulations. You acknowledge that information you share:

  • is not Protected Health Information
  • is not subject to HIPAA protections
  • may be visible to Company staff or contractors

6.3 Security & Responsibility

While the Company uses reasonable administrative, technical, and physical safeguards, you understand:

  • No system is 100% secure
  • You share information at your own risk
  • You are responsible for protecting your own privacy

7. DISCLAIMERS

7.1 No Guarantees

The Company makes no guarantees regarding:

  • Fertility outcomes
  • Conception
  • Hormonal or metabolic changes
  • Symptom improvement
  • Pregnancy timing
  • Emotional outcomes
  • Results of supplement use
  • Interpretation accuracy of third-party lab data

7.2 As-Is Basis

All Offerings are provided "as is" and "as available." No warranties are made regarding:

  • Accuracy or timeliness of information
  • Completeness of scientific content
  • Future updates to materials
  • Continued availability of any product or service
  • Technical functionality of platforms or delivery systems

8. LIMITATION OF LIABILITY

To the fullest extent permitted by law, the Company shall not be liable for any damages whatsoever, including but not limited to:

  • Pregnancy outcomes
  • Infertility or delayed conception
  • Miscarriage or pregnancy loss
  • Emotional or psychological distress
  • Health consequences
  • Supplement interactions
  • Delayed medical treatment
  • Lost profits, lost opportunities, or business loss
  • Technical malfunctions or access failures
  • Actions taken based on third-party interpretations
  • User misunderstandings or misapplications of content
  • Community interactions or peer advice
  • Any indirect, incidental, special, punitive, consequential, exemplary, or similar damages

Your sole and exclusive remedy is limited to the amount you paid for the Offering.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Dr. Alana, LLC, its owners, officers, employees, contractors, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, losses, damages, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or related to:

  • Your use or misuse of the Offerings
  • Your reliance on educational content
  • Your failure to consult licensed medical providers
  • Your actions or decisions regarding supplements, labs, or health choices
  • Your violation of this Agreement
  • Your interactions with other users
  • Your postings, contributions, or communications in community spaces
  • Your unauthorized use or distribution of Company content
  • Any claims by third parties resulting from your actions or omissions

This provision survives termination of your access to the Offerings.

10. TECHNOLOGY, THIRD-PARTY PLATFORMS, AND ACCESS LIMITATIONS

10.1 No Guarantee of Platform Functionality

The Company uses third-party platforms (including but not limited to hosting, payment processing, communication, and educational delivery systems). The Company is not responsible for:

  • Platform outages
  • Server downtime
  • Payment processor errors
  • Video or audio quality issues
  • Email delivery failures (including spam filtering)
  • Software updates, bugs, or compatibility limitations
  • Account access issues caused by user devices
  • Third-party platform changes or discontinuations

10.2 User Responsibility for Technology

You are solely responsible for ensuring:

  • Reliable internet access
  • Updated software and devices
  • Compatible operating systems
  • Stable email functionality
  • Ability to access links, files, or platforms

Inability to access materials due to user-side technology issues does not entitle you to refunds, credits, or extensions.

10.3 Access Delivery Not Guaranteed

Access links, digital delivery, or login emails may be delayed, blocked, or filtered. The Company is not responsible for:

  • Delays caused by your email provider
  • Spam or junk filtering
  • Email server downtime
  • Incorrect email entry
  • Inability to locate access messages

11. OFFERING AVAILABILITY, MODIFICATIONS, AND TERMINATION

11.1 No Guarantee of Ongoing Access

The Company may modify, update, replace, suspend, or discontinue any Offering at any time, with or without notice. This includes removal or alteration of:

  • Modules
  • Videos
  • Lessons
  • Templates
  • Community spaces
  • Bonus materials
  • Resources
  • Entire programs

No refunds or credits shall be issued for such modifications.

11.2 Access Duration

Unless explicitly stated otherwise in writing, all Offerings have time-limited access, not lifetime access. Even where "lifetime access" is referenced, it refers to the lifetime of the Offering, not your lifetime or the Company's lifetime.

11.3 Termination for Misconduct or Violation

The Company may suspend or terminate your access at any time, without refund, for:

  • Violation of this Agreement
  • Harassment or disruptive conduct
  • Unauthorized distribution or sharing of content
  • Misrepresentation of relationship with the Company
  • Endangering the safety or integrity of any community space

11.4 No Obligation to Provide Support

The Company is not obligated to:

  • Answer questions
  • Provide access extensions
  • Offer technical assistance
  • Engage in follow-up
  • Monitor or manage your progress

12. USER RESPONSIBILITY & ASSUMPTION OF RISK

12.1 User Responsibility

You acknowledge and agree that:

  • Your decisions regarding your health, fertility, supplements, and medical care are your sole responsibility
  • You must consult with qualified medical professionals before acting on educational content
  • You are solely responsible for evaluating the applicability of content to your situation

12.2 Assumption of Risk

By using the Offerings, you voluntarily assume all risks, known and unknown, related to:

  • Health decisions
  • Supplement or lifestyle changes
  • Use or misuse of educational materials
  • Emotional impact of fertility-related content
  • Participation in community spaces
  • Interactions with other users
  • Implementation or non-implementation of material

12.3 No Duty to Update Scientific Information

Scientific understanding evolves. The Company has no duty or obligation to:

  • Update outdated materials
  • Notify users of new findings
  • Amend educational content based on emerging research

Users must always verify information with licensed professionals.

13. THIRD-PARTY LINKS, SERVICES, AND AFFILIATE DISCLOSURES

13.1 Third-Party Links

Offerings may reference or link to:

  • Products
  • Services
  • Labs
  • Articles
  • Studies
  • Tools
  • Websites

The Company is not responsible for the content, accuracy, availability, or safety of any third-party resource.

13.2 Affiliate Relationships

Some links may be affiliate links. The Company may earn commissions on purchases made through such links. Commissions do not influence the Company's recommendations.

13.3 No Liability for External Products or Services

The Company is not liable for:

  • Product defects
  • Service failures
  • Delays
  • Safety issues
  • Side effects or reactions
  • Misrepresentations by third parties

14. TESTIMONIALS AND USER RESULTS

14.1 Non-Representative Testimonials

Testimonials appearing in any Offering:

  • Reflect individual experiences
  • Are anecdotal
  • Do not guarantee similar results
  • Should not be interpreted as typical

14.2 No Reliance

You agree not to rely on testimonials or user-shared experiences when making decisions regarding your health, fertility, or related choices.

14.3 Consent to Anonymous Testimonials and Feedback Use

By purchasing, accessing, or participating in any Offering, you acknowledge and agree that:

The Company may collect feedback, testimonials, comments, survey responses, or other statements regarding your experience with the Offerings, whether submitted voluntarily, requested, or shared through email, forms, programs, or other communications.

You grant the Company permission to use such feedback in an anonymous and de-identified manner for lawful business purposes, including but not limited to:

  • Marketing and promotional materials
  • Educational content
  • Website, sales pages, emails, or social media
  • Program improvement and internal analysis

Anonymous use means that no personally identifying information will be disclosed, including but not limited to:

  • Full name
  • Contact information
  • Specific identifying details

The Company will not publish personally identifiable testimonials (such as full names, photos, or identifying details) without your explicit, written consent.

You understand and agree that anonymous testimonials do not guarantee typical or specific results and are shared for illustrative purposes only.

15. FORCE MAJEURE

The Company shall not be liable for any failure or delay in performing its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to:

  • Natural disasters
  • Epidemics, pandemics, or public health emergencies
  • War, terrorism, or civil unrest
  • Government actions or restrictions
  • Power outages or internet failures
  • Platform failures or cyber attacks
  • Labor disputes or supply chain disruptions
  • Acts of third-party service providers

16. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflict-of-law principles.

17. MANDATORY ARBITRATION AND CLASS ACTION WAIVER

17.1 Binding Arbitration

All disputes, claims, or controversies arising out of or relating to this Agreement shall be resolved exclusively through binding arbitration administered by the American Arbitration Association in Johnson County, Kansas.

17.2 No Jury Trial

You knowingly and voluntarily waive any right to a trial by jury.

17.3 Class Action Waiver

You waive any right to:

  • Participate in a class action
  • Lead a class action
  • Join a collective or representative proceeding

All claims must be brought individually.

17.4 One-Year Limit to Bring Claims

Any claim must be filed within one (1) year of the event giving rise to it. Claims filed after this period are permanently barred.

18. LIMITATION OF DAMAGES

Notwithstanding any claim, theory, or argument:

Your total available damages, under any legal or equitable theory, are expressly limited to the amount you paid for the Offering giving rise to the claim.

This limitation applies to:

  • Contract claims
  • Tort claims (including negligence)
  • Statutory claims
  • Equitable claims
  • Reliance claims
  • Any other form of alleged liability

If you accessed a free Offering, your maximum damages are $0.

This damages limitation is fundamental to this Agreement and survives termination, expiration, and completion of all Offerings.

19. SEVERABILITY

If any provision of this Agreement is held invalid, illegal, or unenforceable in whole or in part, that provision:

  • Shall be deemed severed from the Agreement;
  • Shall not affect the validity or enforceability of the remaining provisions;
  • Shall be enforced to the maximum extent permitted by law consistent with the intent of the Company.

This clause ensures the Agreement remains fully enforceable even if any portion is limited or struck by a court or arbitrator.

20. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and the Company regarding your access to and use of any Offering.

It supersedes all prior or contemporaneous communications, representations, proposals, understandings, discussions, marketing materials, emails, DMs, social media posts, webinars, Q&A responses, or agreements, whether oral or written.

No other statement, promise, or representation may be relied upon unless expressly included in this Agreement.

21. NO MODIFICATIONS, AMENDMENTS, OR WAIVERS

21.1 No Unauthorized Modifications

No amendment, modification, or waiver of this Agreement shall be effective unless:

  • It is in writing; and
  • Signed by an authorized representative of the Company.

Or, where applicable, unless the Company posts updated terms on its website.

21.2 No Waiver of Rights

Failure by the Company to enforce any provision of this Agreement shall not be construed as a waiver of that provision or any future enforcement.

22. ASSIGNMENT

The Company may assign, transfer, or delegate its rights and obligations under this Agreement to:

  • A successor entity
  • An acquirer
  • An affiliate company
  • A purchaser of assets

You may not assign, transfer, or delegate your rights or obligations under this Agreement to any third party.

23. SURVIVAL OF TERMS

The following provisions survive termination, expiration, completion of an Offering, and discontinuation of access:

  • Intellectual Property (Section 4)
  • No Refunds, Chargeback Policy (Section 5)
  • Disclaimers (Section 7)
  • Limitation of Liability (Section 8)
  • Indemnification (Section 9)
  • Arbitration & Class Action Waiver (Section 17)
  • Limitation of Damages (Section 18)
  • Severability (Section 19)
  • No Modifications (Section 21)
  • Assignment (Section 22)
  • Survival (Section 23)

These provisions continue to bind you indefinitely.

24. NOTICES

24.1 Method of Notice

The Company may provide notices to you by:

  • Email
  • Website postings
  • Platform announcements
  • Updates to published Terms & Conditions
  • Any reasonable communication method

You agree that any such notice constitutes sufficient and legally binding notice.

24.2 User Notice Obligation

You must notify the Company in writing of any legal claim, dispute, or concern before initiating arbitration.

25. ELECTRONIC SIGNATURE AND ACCEPTANCE

By accessing, purchasing, downloading, or using any Offering, or by clicking "I agree," checking a box, submitting a form, or continuing to use the materials, you affirm:

  • You have read this Agreement
  • You understand this Agreement
  • You voluntarily accept all terms
  • Your electronic acceptance constitutes a legally binding signature

26. INTERPRETATION

To the fullest extent permitted by law:

  • Section titles are for convenience only and do not affect interpretation
  • Any ambiguities in this Agreement shall not be construed against the Company
  • This Agreement shall be interpreted to give full effect to the intent of the Company
  • The Agreement shall be interpreted broadly to maximize enforceability

27. CONTACT INFORMATION

For contractual notices, questions, or concerns related to this Agreement, you may contact:

Dr. Alana, LLC
Leawood, KS 66206
dralana@dralanaphd.com

28. ACCEPTANCE

By accessing or using ANY Offering under Dr. Alana, LLC, you confirm that you:

  • Have read this Universal Terms & Conditions Agreement
  • Understand and agree to its terms
  • Accept full responsibility for your actions, decisions, and results
  • Voluntarily waive certain legal rights as outlined herein
  • Are legally bound by this Agreement in full