Terms and Conditions

Last updated: Friday, October 11, 2024

ALTERRA HEALTH TERMS OF USE

These Terms of Use (the “Agreement”) constitute a legally binding agreement by and between PUENTE HOLDINGS, LLC DBA ALTERRA HEALTH (hereinafter, “ALTERRA HEALTH”) and you (“You” or “Your”) concerning Your use of ALTERRA HEALTH’s website located at https://alterrahealth.com and any subdomain and/or subdirectory thereof (the “Website”) and the services available through the Website, associated Resources, and associated Support Community (the “Services”). By using the Services, You represent and warrant that You have read and understand, and agree to be bound by, this Agreement and ALTERRA HEALTH’s Privacy Policy, which is incorporated herein by reference and made part of this Agreement. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE SERVICES.

PRIVACY POLICY

By using the Services, You consent to the collection and use of certain information about You, as specified in the Privacy Policy. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. Go here to view the Privacy Policy.

CHANGES TO AGREEMENT

ALTERRA HEALTH RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY: (I) THE POSTING OF A NEW VERSION; AND/OR (II) A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT PERIODICALLY. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the Services following the date in which the modified or amended Agreement is posted.

ELIGIBILITY

BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. This Agreement is void where prohibited.

GENERAL OVERVIEW

ALTERRA HEALTH, the Services, the Website, associated Resources, and associated Support Community are designed for consumers (not meant to be medical in nature) and do not have the capability to connect with, store data from/for, or transmit data to/from medical providers or medical offices. ALTERRA HEALTH in no way, shape, or form integrates with Electronic Health Record (“EHR”) systems or Electronic Medical Record (“EMR”) systems. ALTERRA HEALTH operates independently from medical providers and medical offices and operates strictly as a consumer education and support platform. ALTERRA Health is not involved in the handling, storage, or transfer of Protected Health Information (“PHI”) at any time. Any information, details, data, and Personal Information inputted to ALTERRA HEALTH and/or downloaded from ALTERRA HEALTH is done voluntarily at the sole discretion of each individual user. Creating an account with ALTERRA HEALTH and/or accessing the Services, the Website, associated Resources, and associated Support Community is done voluntarily at the sole discretion of each individual user.

To use the Services, you will be asked to provide a name, username, email address, phone number, and password. By creating an account, you voluntarily agree to provide these details. You are entirely responsible for maintaining the confidentiality of Your password.

By joining the Support Community, you agree that your name, profile, and any information you share will be made available to other participants within the Support Community. Do not share any information in the Support Community that you do not wish to be made publicly available.

LICENSE

Subject to Your compliance with the terms and conditions of this Agreement, ALTERRA HEALTH grants You a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services through the Website, by downloading and/or viewing any associated Resources, and by accessing the associated Support Community. THE SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE. The Services, including the Website, associated Resources, and associated Support Community, or any portion thereof, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of ALTERRA HEALTH. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of ALTERRA HEALTH or any other party. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.

THE SERVICE DOES NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE; NO DOCTOR-PATIENT RELATIONSHIP

ALTERRA HEALTH provides the Services for informational and educational purposes only. THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. ALTERRA HEALTH is not a medical professional, and ALTERRA HEALTH does not provide medical services or render medical advice. The Services are not a substitute for the advice of a medical professional, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. If you require medical advice or services, You should consult a medical professional. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ALTERRA HEALTH.

YOU HEREBY AGREE THAT, BEFORE USING THE SERVICES, YOU SHALL CONSULT YOUR PHYSICIAN, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS RESULTING FROM EXERCISE OR CHANGES IN YOUR DIET.

Furthermore, ALTERRA HEALTH does not and will not handle any questions related to your clinical care. As ALTERRA HEALTH is not entering into a doctor-patient relationship with any user of the platform, all questions related to your clinical care or care program should be directed to your provider. If you have any concerns about the plan you’re on and/or any of the content within the plan, such concerns will need to be directed to your healthcare provider. ALTERRA HEALTH will not respond to any questions related to your clinical care. You are advised NOT to send any personal or personally identifiable health information to anyone at ALTERRA HEALTH by email or any other means as such communication would not guarantee your privacy. Instead, you are advised to contact your provider through your provider’s own secure messaging system or contact your provider directly by phone. If you are experiencing a medical emergency, please call 911 or your local emergency service.

ALTERRA HEALTH CONTENT

ALTERRA HEALTH DOES NOT (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY NUTRITION, EXERCISE, MINDSET, SELF-CARE, COMMUNITY, AND/OR EDUCATIONAL INFORMATION IN THE WEBSITE, ASSOCIATED RESOURCES, AND ASSOCIATED SUPPORT COMMUNITY; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY SUCH INFORMATION. UNDER NO CIRCUMSTANCES WILL ALTERRA HEALTH BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON THIS INFORMATION AND SERVICES. ALTERRA HEALTH content may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of ALTERRA HEALTH.

RELIANCE ON THIRD-PARTY CONTENT

Opinions, advice, statements, or other information, including, without limitation, information related to nutrition, exercise, mindset, self-care, and community, made available by means of the Services by third parties, are those of their respective authors, and should not necessarily be relied on. Such authors are solely responsible for such content. ALTERRA HEALTH DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY INFORMATION AS PART OF THE SERVICES; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY. UNDER NO CIRCUMSTANCES WILL ALTERRA HEALTH BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES OR TRANSMITTED TO OR BY ANY THIRD-PARTY. THIS INCLUDES INFORMATION CONTAINED AND POSTED IN THE ASSOCIATED SUPPORT COMMUNITY. You also understand that by accessing and using the Services, You may encounter information, materials and subject matter that You or others may deem offensive, indecent, or objectionable. You agree to use the Services at Your sole risk and that ALTERRA HEALTH and its affiliates, partners, suppliers and licensors shall have no liability to You for information, material or subject matter that is found to be offensive, indecent, or objectionable.

RISK ASSUMPTION

YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE AND THE SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY ALTERRA HEALTH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES.

USER INFORMATION; PASSWORD PROTECTION

In connection with Your use of certain Services, You are required to complete a registration form. You represent and warrant that all user information You provide on the registration form or otherwise in connection with Your use of the Services will be current, complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile. For additional information, see the ALTERRA HEALTH Privacy Policy.

You will also be asked to provide a name, username, email address, phone number, and password in connection with Your use of the Services. By creating an account, you voluntarily agree to provide these details. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, name, username, email address, phone number, or password of any other user at any time. You agree to notify ALTERRA HEALTH immediately of any unauthorized use of Your account, name, username, email address, phone number, or password. ALTERRA HEALTH shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by ALTERRA HEALTH, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your account or password.

PUBLIC PROFILES; INFORMATION PROVIDED BY USERS

As part of registration for the Website and participation in the Support Community, users must create public profiles, which may contain certain identifying information (such as age, location, total weight loss, ethnicity, marital status, religion, etc.). In addition, users have the option to post photographs, videos and other information (such as likes and dislikes). ALTERRA HEALTH relies on its users to provide current and accurate information, and ALTERRA HEALTH does not, and cannot, investigate information contained in user public profiles. Accordingly, ALTERRA HEALTH must assume that information contained in each user’s public profile is current and accurate. ALTERRA HEALTH DOES NOT REPRESENT, WARRANT OR GUARANTEE THE CURRENCY OR ACCURACY OF PUBLIC PROFILE INFORMATION, AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY INFORMATION PROVIDED BY USERS BY MEANS OF PUBLIC PROFILES OR OTHERWISE IN CONNECTION WITH THE SERVICES.

YOUR INTERACTIONS WITH OTHER USERS

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT ALTERRA HEALTH HAS NOT, AND DOES NOT, IN ANY WAY: (A) SCREEN ITS USERS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS USERS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS USERS, INCLUDING WITHOUT LIMITATION INFORMATION OR REPRESENTATIONS CONTAINED IN PUBLIC PROFILES. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER USER IN PERSON. ALTERRA HEALTH DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS USERS OR THEIR COMPATIBILITY WITH YOU. IN NO EVENT SHALL ALTERRA HEALTH BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY USER’S CONDUCT IN CONNECTION WITH SUCH USER’S USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN USERS. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE AND THE SERVICES.

USER DISPUTES

ALTERRA HEALTH reserves the right, but disclaims any perceived, implied or actual duty, to monitor disputes between users. You agree to hold ALTERRA HEALTH harmless in connection with any dispute or claim You make against any other user.

CONSENT TO RECEIVE EMAIL FROM ALTERRA HEALTH

In providing the Services, You may receive email communications regarding the Services, new product offers and information regarding the Services, which are part of the Services and which You cannot opt out of receiving. You may also receive periodic promotions and other offers or materials ALTERRA HEALTH believes might be of interest to You. You can opt-out of receiving these promotional messages at any time by (a) following the unsubscribe instructions contained in each newsletter; or (b) changing the email preferences in Your account.

THIRD-PARTY WEBSITES

The Service may include links to websites of third parties (“Third-Party Websites”), some of whom may have established relationships with ALTERRA HEALTH and some of whom may not. ALTERRA HEALTH does not have control over the content and performance of Third-Party Websites. ALTERRA HEALTH HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, ALTERRA HEALTH DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. ALTERRA HEALTH DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.

YOU AGREE THAT, WHEN LINKING TO OR OTHERWISE ACCESSING OR USING A THIRD-PARTY WEBSITE, YOU ARE RESPONSIBLE FOR: (I) TAKING PRECAUTIONS AS NECESSARY TO PROTECT YOU AND YOUR COMPUTER SYSTEMS FROM VIRUSES, WORMS, TROJAN HORSES, MALICIOUS CODE AND OTHER HARMFUL OR DESTRUCTIVE CONTENT; (II) ANY DOWNLOADING, USE OR PURCHASE OF MATERIAL THAT IS OBSCENE, INDECENT, OFFENSIVE, OR OTHERWISE OBJECTIONABLE OR UNLAWFUL, OR THAT CONTAINS TECHNICAL INACCURACIES, TYPOGRAPHICAL MISTAKES AND OTHER ERRORS; (III) ANY DOWNLOADING, USE OR PURCHASE OF MATERIAL THAT VIOLATES THE PRIVACY OR PUBLICITY RIGHTS, OR INFRINGES THE INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS OF THIRD PARTIES, OR THAT IS SUBJECT TO ADDITIONAL TERMS AND CONDITIONS, STATED OR UNSTATED; (IV) ALL FINANCIAL CHARGES OR OTHER LIABILITIES TO THIRD PARTIES RESULTING FROM TRANSACTIONS OR OTHER ACTIVITIES; AND (V) READING AND UNDERSTANDING ANY TERMS OF USE OR PRIVACY POLICIES THAT APPLY TO THOSE THIRD-PARTY WEBSITES.

USER CONTENT

“User Content” is any content, materials, or information (e.g., any text, information, photos, images, video, and other content and material that You upload or post to, or transmit, display, perform, or distribute by means of, the Services, whether in connection with Your use of the Website, associated Resources, and associated Support Community, or through the use of any Third Party Websites or Third Party Services or otherwise. You hereby grant ALTERRA HEALTH and its officers, directors, employees, agents, affiliates, representatives, service providers, partners, sublicensees, successors, and assigns (collectively, the “ALTERRA HEALTH Parties”) a perpetual, fully paid-up, worldwide, sublicensable, irrevocable, assignable license to copy, distribute, publish, transmit, publicly display or perform, edit, modify, translate, reformat and otherwise use User Content in connection with the operation of the Services or any other similar services or related business, in any medium now existing or later devised, including without limitation in advertising and publicity. You further agree that this license includes the right for the ALTERRA HEALTH Parties to publish, display or otherwise use and make available your User Content and possibly your name and/or any user name of yours in connection with their exercise of the license granted under this section. You agree to waive, and hereby waive, any claims arising from or relating to the exercise by the ALTERRA HEALTH Parties of the rights granted under this section, including without limitation any claims relating to your rights of personal privacy and publicity. You will not be compensated for any exercise of the license granted under this section.

You hereby represent and warrant that You own all rights, title and interest in and to User Content or are otherwise authorized to grant the rights provided to the ALTERRA HEALTH Parties under this section. You represent and warrant that, when using the Website, associated Resources, associated Support Community, and the Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and the Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE AND THE SERVICES. YOU BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS.

ALTERRA HEALTH reserves the right to (i) remove, suspend, edit or modify any User Content in its sole discretion, including without limitation any User Content at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if ALTERRA HEALTH is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any User Content submissions. ALTERRA HEALTH also reserves the right to access, read, preserve, and disclose any information as ALTERRA HEALTH reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of ALTERRA HEALTH, its users and the public.

PUBLIC FORUMS AND SUPPORT COMMUNITY

“Public Forum” is any area, site or feature offered as part of the Services and the associated Support Community (including without limitation public profiles, groups, discussion forums, message boards, blogs, chat rooms, emails or instant messaging features) that enables You (a) to upload, submit, post, display, perform, distribute and/or view User Content, and/or (b) to communicate, share, or exchange User Content with other users or visitors. You acknowledge that Public Forums, and features contained therein, are for public and not private communications. You further acknowledge that anything You upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum may be viewed on the Internet by the general public, and therefore, You have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Content you upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum and for the consequences of submitting or posting the same. You agree to abide by the Community Guidelines when transmitting or posting any User Content to any Public Forum. ALTERRA HEALTH DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR PUBLIC FORUMS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.

YOUR RESPONSIBILITY FOR DEFAMATORY COMMENTS

You agree and understand that you may be held legally responsible for damages suffered by other users or third parties as the result of Your remarks, information, feedback or other content posted or made available on the Services that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, ALTERRA HEALTH is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Services.

OBJECTIONABLE CONTENT

You represent and warrant that you shall not use the Services to upload, post, transmit, display, perform or distribute any content, information or materials that: (a) are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic; (b) constitute child pornography; (c) solicit personal information; (d) incite, encourage or threaten physical harm against another; (e) promote or glorify racial intolerance, use hate and/or racist terms, or signify hate towards any person or group of people; (f) glamorize the use of hard core illegal substances and drugs; (g) advertise or otherwise solicit funds or constitute a solicitation for goods or services; (h) violate any provision of this Agreement or any other ALTERRA HEALTH agreement, guidelines or policy; or (i) is generally offensive or in bad taste, as determined by ALTERRA HEALTH (collectively, “Objectionable Content”). ALTERRA HEALTH DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE CONTENTS OF THE SERVICES AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED HEREON. Without limiting any of its other remedies, ALTERRA HEALTH reserves the right to terminate Your use of the Services or Your uploading, posting, transmission, display, performance or distribution of Objectionable Content. ALTERRA HEALTH, in its sole discretion, may delete any Objectionable Content from its servers. ALTERRA HEALTH intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.

PROHIBITED USES

ALTERRA HEALTH imposes certain restrictions on Your use of the Services. You represent and warrant that you will not: (a) “stalk” or otherwise harass any person, or contact any person who has requested not to be contacted; (b) provide false, misleading or inaccurate information to ALTERRA HEALTH or any other user; (c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (d) create more than one unique public profile; (e) harvest or otherwise collect information about ALTERRA HEALTH users, including email addresses and phone numbers; (f) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites; (g) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (h) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (i) interfere or attempt to interfere with the use of the Website or the Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (j) use the Services to send unsolicited email, including without limitation promotions or advertisements for products or services; (k) forge any TCP/IP packet header or any part of the header information in any email or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Services; (l) post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise; or (m) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the ALTERRA HEALTH Parties in providing the Website and the Services. Any violation of this section may subject You to civil and/or criminal liability.

INTELLECTUAL PROPERTY

You acknowledge and agree that the Website and the Services and all intellectual property rights associated therewith are, and shall remain, the property of ALTERRA HEALTH. Furthermore, You acknowledge and agree that the source and object code of the Website and the Services and the format, directories, queries, algorithms, structure, and organization are the intellectual property and proprietary and confidential information of ALTERRA HEALTH and its affiliates, licensors and suppliers. Except as expressly stated in this Agreement, You are not granted any intellectual property rights in or to the Services by implication, estoppel or other legal theory, and all rights in and to the Services not expressly granted in this Agreement are hereby reserved and retained by ALTERRA HEALTH.

The Website and the Services may utilize or include third party software that is subject to third party license terms (“Third Party Software”). You acknowledge and agree that Your right to use such Third Party Software as part of the Website and the Services is subject to and governed by the terms and conditions of the third party license applicable to such Third Party Software. In the event of a conflict between the terms of this Agreement and the terms of such third party licenses, the terms of the third party licenses shall control with regard to Your use of the relevant Third Party Software.

Copyrighted Materials; Copyright Notice

All content and other materials available through the Website and the Services, including without limitation the ALTERRA HEALTH logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by Puente Holdings, LLC or are the property of ALTERRA HEALTH’s licensors and suppliers. Except as explicitly provided, neither Your use of the Services nor this Agreement grant You any right, title or interest in or to any such materials.

DISCLAIMERS; LIMITATION OF LIABILITY

NO WARRANTIES.

ALTERRA HEALTH, ON BEHALF OF ITSELF AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALTERRA HEALTH, ON BEHALF OF ITSELF AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR NON-INFRINGEMENT. NEITHER ALTERRA HEALTH NOR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

YOUR RESPONSIBILITY FOR LOSS OR DAMAGE; BACKUP OF DATA

YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD ALTERRA HEALTH OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE WEBSITE AND THE SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

IMPORTANTLY, YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC SERVER FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.

LIMITATION OF LIABILITY

THE LIABILITY OF ALTERRA HEALTH AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ALTERRA HEALTH OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO ALTERRA HEALTH OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR THE SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF ALTERRA HEALTH AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE $50.00. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN ALTERRA HEALTH AND YOU. THE WEBSITE AND THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

APPLICATION

THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN THIS AGREEMENT, ANY OTHER AGREEMENT BETWEEN YOU AND ALTERRA HEALTH OR BETWEEN YOU AND ANY OF ALTERRA HEALTH’s THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. ALTERRA HEALTH’s THIRD-PARTY SERVICE PROVIDERS LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.

YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that Your use of the Website and the Services will be in accordance with this Agreement and any other ALTERRA HEALTH policies and guidelines, and with any applicable laws or regulations.

INDEMNITY BY YOU

Without limiting any indemnification provision of this Agreement, You agree to defend, indemnify and hold harmless ALTERRA HEALTH and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, assigns, and Third-Party Service Providers (collectively, the “Indemnified Parties”) from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, “Claims”), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) Your access to or use of the Website or the Services; (iii) Your provision to ALTERRA HEALTH or any of the Indemnified Parties of information or other data; (iv) Your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation; or (v) Your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.

The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.

GOVERNING LAW; JURISDICTION AND VENUE

This Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in Gilbert, Arizona and shall be governed by and construed in accordance with the laws of the State of Arizona without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.

Requirement of Arbitration.

You agree that any dispute, of any nature whatsoever, between You and ALTERRA HEALTH arising out of or relating to this Agreement, shall be decided by neutral, binding arbitration before a representative of the American Arbitration Association (“AAA”) in Maricopa County, Arizona (unless You and ALTERRA HEALTH mutually agree to a different arbitrator), who shall render an award in accordance with the substantive laws of Arizona and the AAA’s rules & procedures. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator shall award costs (including, without limitation, the AAA fees and reasonable attorney’s fees) to the prevailing party.

Remedies in Aid of Arbitration; Equitable Relief.

This agreement to arbitrate will not preclude You or ALTERRA HEALTH from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or ALTERRA HEALTH from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE FEDERAL AND STATE COURTS LOCATED IN MARICOPA COUNTY, ARIZONA; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.

TERMINATION

Termination; Survival

Either party may terminate this Agreement and its rights hereunder at any time, for any or no reason at all, by providing to the other party notice of its intention to do so in accordance with this Agreement. This Agreement shall automatically terminate in the event that You breach any of this Agreement’s representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by ALTERRA HEALTH. Upon termination, all rights, licenses and obligations created by this Agreement will terminate, except that Sections 1-4, 6-13, 16-30 will survive any termination of this Agreement.

Effect of Termination

Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website and the Services. Subsequent to termination, ALTERRA HEALTH reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website and the Services, including without limitation technological barriers such as IP blocking and direct contact with Your Internet Service Provider.

Legal Action

If ALTERRA HEALTH, in ALTERRA HEALTH’s discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, ALTERRA HEALTH will be entitled to recover from You as part of such legal action, and You agree to pay, ALTERRA HEALTH’s reasonable costs and attorneys’ fees incurred as a result of such legal action. The ALTERRA HEALTH Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.

NOTICES

All notices required or permitted to be given under this Agreement must be in writing. ALTERRA HEALTH shall give any notice by email sent to the most recent email address, if any, provided by You to ALTERRA HEALTH. You agree that any notice received from ALTERRA HEALTH electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH ALTERRA HEALTH IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY ALTERRA HEALTH OF AN EMAIL TO THAT ADDRESS. You shall give any notice to ALTERRA HEALTH by means of a submission through the contact form on the Website (https://alterrahealth.com). Notice to ALTERRA HEALTH shall be effective upon receipt of notice by ALTERRA HEALTH.

GENERAL

This Agreement constitutes the entire agreement between ALTERRA HEALTH and You concerning Your use of the Services. This Agreement may only be modified by a written amendment signed by an authorized executive of ALTERRA HEALTH or by the unilateral amendment of this Agreement by ALTERRA HEALTH and by the posting by ALTERRA HEALTH of such amended version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. ALTERRA HEALTH may assign or transfer this Agreement at any time, with or without notice to You. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of ALTERRA HEALTH. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and ALTERRA HEALTH are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Except for the ALTERRA HEALTH Parties and the Indemnified Parties as and to the extent set forth in Sections 18, 21, 25 and 28(c), and ALTERRA HEALTH’s licensors and suppliers as and to the extent expressly set forth in Section 23, there are no third-party beneficiaries to this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third party rights by You would cause irreparable injury to ALTERRA HEALTH and ALTERRA HEALTH’s licensors and suppliers, and would therefore entitle ALTERRA HEALTH or ALTERRA HEALTH’s licensors or suppliers, as the case may be, to injunctive relief. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.