Terms of Use

Welcome to AlernaKidneyHealth.com. Alerna Kidney Health, LLC and/or its affiliates ("Alerna") provide website features to you subject to the following conditions. If you visit or shop at AlernaKidneyHealth.com, you accept these conditions and terms of use. Please read them carefully. In addition, when you use any current or future Alerna service or business you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.

 

Please review our Privacy Policy, which also governs your visit to AlernaKidneyHealth.com, to understand our practices.

 

When you visit AlernaKidneyHealth.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Alerna or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Alerna and protected by U.S. and international copyright laws. All software used on this site is the property of Alerna or its software suppliers and protected by United States and international copyright laws.

 

AlernaKidneyHealth.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Alerna in the U.S. and/or other countries. Alerna 's trademarks and trade dress may not be used in connection with any product or service that is not Alerna's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Alerna. All other trademarks not owned by Alerna that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Alerna.

 

One or more patents owned by Alerna apply to this site and to the features and services accessible via the site. Portions of this site operate under license of one or more patents.

 

Alerna grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Alerna. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Alerna. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Alerna without express written consent. You may not use any meta tags or any other "hidden text" utilizing Alerna's name or trademarks without the express written consent of Alerna. Any unauthorized use terminates the permission or license granted by Alerna. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of AlernaKidneyHealth.com so long as the link does not portray Alerna, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Alerna logo or other proprietary graphic or trademark as part of the link without express written permission.

 

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Alerna may sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use AlernaKidneyHealth.com only with involvement of a parent or guardian. Alerna reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

 

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Alerna reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Alerna a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Alerna and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Alerna for all claims resulting from content you supply. Alerna has the right but not the obligation to monitor and edit or remove any activity or content. Alerna takes no responsibility and assumes no liability for any content posted by you or any third party.

 

Alerna respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement.

 

All items purchased from Alerna are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

1. Unopened bottles returned within 60 days of shipment will receive a full refund.

 

2. Opened bottles will not receive refunds, as opened bottles will be discarded upon return.

 

3. Shipping and handling charges for return orders are not refunded for returns due to customer error.

 

4. Undelivered orders due to our error will be re-shipped at no additional charge.

 

5. Undelivered orders due to customer error will be re-shipped at the customer’s expense.

 

Please send returns to: 

Alerna Kidney Health, LLC 

Attn: Alerna Returns 

1 League, #61105

Irvine, CA 92602

 

Please include your name, e-mail address, order number (if available), the last four digits of your credit card number, a copy of your paper invoice or a printed copy of your e-mail receipt, and the reason for return.

 

Because returns may occasionally be lost in transit, we recommend (but do not require) using a reliable delivery service (e.g. UPS Ground or FedEx Ground) that offers tracking or delivery confirmation.

 

Alerna does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Alerna does not take title to the refunded item.

 

1. Limit one guarantee policy related refund - for up to 1 bottle per purchaser over the purchaser’s lifetime. The guarantee must be requested within 365 days of your first bottle purchase and eligible for the guarantee policy.

 

2. The purchaser agrees to act with integrity, in kind spirit and without intent to defraud when requesting a guarantee policy related refund.

 

3. We reserve the right to invalidate the guarantee policy at our sole discretion at any time (even retroactively), for any reason or for no reason. This is to prevent people from cheating us.

 

4. The guarantee policy is only valid for purchases made from www.AlernaKidneyHealth.com .

 

In your email to us, please include your name, e-mail address, order number (if available), the last four digits of your credit card number, a copy of your paper/digital invoice or a printed copy of your e-mail receipt, and the reason for return.

 

Alerna attempts to be as accurate as possible. However, Alerna does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Alerna itself is not as described, your sole remedy is to return it in unused condition.

 

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. With respect to items sold by Alerna, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Please note that this policy applies only to products sold and shipped by Alerna.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY ALERNA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ALERNA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ALERNA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALERNA DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM ALERNA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALERNA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

If a dispute arises out of or relates to this contract or the breach thereof and if the dispute cannot be settled through negotiatin, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Rules before resorting to arbitration, litigation, or some other dispute-resolution procedure. Any dispute or claim relating in any way to your visit to AlernaKidneyHealth.com or to products or services sold or distributed by Alerna or through AlernaKidneyHealth.com will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: 

Alerna Kidney Health, LLC 

1 League, #61105

Irvine, CA 92602 

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. The arbitration will be conducted in Orange County, CA USA under the rules of the State of California. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

By visiting AlernaKidneyHealth.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Alerna.

 

Alerna Kidney Health, LLC 

1 League, #61105

Irvine, CA 92602

 

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide AlernaKidneyHealth.com's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Alerna that your copyrighted material has been infringed. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable; Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

AlernaKidneyHealth.com's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

 

Alerna Kidney Health, LLC 

1 League, #61105 

Irvine, CA 92602