Helping those who want to feel better
Helping those who want to feel better
updated 10/31/2024
Scope of Terms and ConditionsBy using this website, purchasing any products or services from Pismo Beach Holistic ("PBH") or utilizing any of the products or services from PBH through this site, you are deemed to have agreed to these Terms and Conditions. We reserve the right to modify them at any time. You should check these Terms and Conditions periodically for changes. By using this site after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. With regard to products and services purchased or utilized from PBH, the version of these Terms and Conditions that were posted at the time of purchase or utilization apply. If at any time you choose not to accept these Terms and Conditions of use, do not use this site.
Your Responsibility
You, the reader, take full responsibility for your actions in implementing any of the techniques or advice disseminated within this website. In no event shall PBH be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. PBH reserves the right to make additions, deletions, or modification to the contents on the Service at any time without prior notice.
We do not provide a second opinion or in any way attempt to alter the treatment plans or therapeutic goals/recommendations of your personal physician. It is our role to partner with you to provide ongoing support and accountability as you create an action plan to meet and maintain your health goals.
Parental Permission; Minimum Age Requirement
This Site is not directed to persons under the age of 18. The sale of any of the Site's products or services is not directed to persons under the age of 18. We will not knowingly collect personally identifiable information from persons under 18. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN'S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER'S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
We hereby require all users of the Site to be over 18 and all purchasers of PBH's products and services to be over 18. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under 18, you agree to immediately stop accessing the Site. If you are accessing the Site, you represent that you are at least 18 years of age.
If you are purchasing any of the products or services of PBH, you represent that you are at least 18 years of age.
Restrictions on Use
The contents of this Site and the materials downloaded therefrom are protected by copyright and trademark laws, and are the property of their owners. Unless we say otherwise, you may access the materials located within, or downloaded from, the Site only for your personal use. You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site. You must abide by all additional copyright notices or other restrictions contained in any of the Site.
You agree not to do any of the following while using the Site:
Links
These Terms and Conditions apply only to this Site, and not to the sites of any other companies or organizations, including those to which this Site may link. We are not responsible for the availability of any other site to which this Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. We do not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
Other sites may link to this Site only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Site that may be revoked at any time.
THE SERVICES, PRODUCTS AND MATERIALS ON OR FROM THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT OF THE LAW, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED, A LIMITED EXPLICIT WARRANTY IS GIVEN BY US TO THE EXCLUSION OF ANY OTHER REMEDY TO, IN OUR DISCRETION, REPLACE THE SERVICES, PRODUCTS, AND MATERIALS WITH SUCH SERVICES, PRODUCTS, AND MATERIALS THAT DO NOT BREACH A WARRANTY IF SUCH BREACH IS IDENTIFIED TO US WITHIN 30 DAYS OF PURCHASE.
BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
"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."
We do not endorse, warrant or guarantee any products or services offered on the any third party site. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE.
No Personal Advice; No Guaranteed Results
The information contained in or made available through this Site (including but not limited to information contained on message boards, in text files, in products, from services, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, psychological, financial, medical, or legal matters.
In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. Further, you should regularly consult a lawyer in all matters relating to interacting with other people to assure yourself you are behaving in compliance with law, including but not limited to laws related to harassment, assault or other similar laws.
Neither Jerry Martinez, nor any other employees, agents, contractors or representatives, or persons featured on the Site, is acting in the capacity of a medical doctor, professional or any other licensed practitioner. Even if such person is a medical doctor, they are not your doctor.
Pismo Beach Holistic assumes no responsibility for errors or omissions on the Site.
We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of supplements or preparation by any person following the information offered or provided within or through the Site (including but not limited to any product or service purchased, utilized or otherwise obtained from this Site). Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
Nothing contained on the Site is intended to be a guarantee about your ability to get results, attain happiness, or earn any money with our ideas, information, tools or strategies. This Site is a source of resources, which may not be effective for your intended purpose. All products and services by PBH are for educational and informational purposes only.
Membership Fees
We reserve the right to charge fees, surcharges and/or membership fees for all or any of its services currently provided for free at any time upon thirty (30) days' prior written notice to you.
Copyright
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 PBH 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 PBH and protected by U.S. and international copyright laws.
Trademarks
All trademarks not owned by PBH or its affiliates 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 the PBH or its affiliates.
Public Forums and Social Media
As a service to our users, this Site, and third party websites and services, such as Facebook, may feature message boards, chat rooms/areas, discussion forums, ratings, comments, bulletin board services, news groups, communities and/or other message or communication facilities and other public/semi-public/private forums (collectively, "Forums") where users with similar interests or similar experiences can share information and support one another or where users can post questions for others to answer. We may also offer online discussions moderated by various experts or other persons.
Much of the content of the Forums, including without limitation the descriptions for many Forums and the content within a specific message, comment or posting, is provided by and is the responsibility of the third party creator of the Forum or the person posting in that Forum. PBH has no responsibility for such content and is merely providing access to such content as a service to you.
BY THEIR VERY NATURE, FORUMS MAY CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING DISCUSSION FORUMS.
Your Participation/Contribution Requires Consideration
Any information (including personally identifiable information or other personal information) that you reveal in a Forum, may, by design, be open to the public and in such case may not a private, secure service. You should think carefully before disclosing any information in any Forum. What you have written may be seen, disclosed to or collected by third parties and may potentially be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. By submitting communications or content to Forums, you agree that such submission is non-confidential for all purposes, unless PBH specifically notes otherwise (for example, in the rules for a particular forum).
Confidential Obligations
You agree that you will not upload or transmit any communications or content of any type to a Forum that infringe or violate any rights of any party. Further, you may have entered into an agreement with PBH that requires you to maintain the confidentiality of certain material or information of PBH. It is your obligation to confirm that any post to a Forum you make does not breach any confidentiality obligation you have. Unless a Forum specifically notes that all members of the Forum who are able to view posts are bound by confidentiality obligations, and further notes what types of information may be discussed, you may not post information which PBH has required you to preserve as confidential.
Grant of Rights
To the extent you are the original copyright holder of any post or submission by you to a Forum and such post or submission does not contain any of the information or material of PBH or other information you are required to preserve as confidential by PBH, then; i) you remain owner of such post or submission to the extent you were the owner; ii) you automatically grant on behalf of yourself or otherwise warrant that the owner of such content or intellectual property has expressly granted PBH, a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the post, submission, communication or content in any media or medium, or any form, format, or forum now known or hereafter developed; and iii) you agree and warrant that PBH may sublicense or assign its rights through multiple tiers of sublicenses or assigns.
No Obligation to Monitor
PBH does not control the information delivered to the Forums, and has no obligation to monitor the Forums. However, PBH reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or legal governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in PBH sole discretion.
No Obligation to Remove
PBH is not obligated to remove any content from the site which does not violate any civil or criminal laws and any contributions intended for display on this web site via any means, whether submitted via HTTP (web), SMTP (mail), NNTP (newsreader), or otherwise, are presumed to be contributed by the author/contributor with the intent that PBH shall have an ongoing non-exclusive right to publish the contributed content for an indefinite amount of time, unless the content submitted was made under an agreement with PBH with differing terms or PBH has clearly only been provided limited non-exclusive publishing rights (for example, in the case of some exclusively copyrighted newsletter content). If you do not wish to have something which you submit to be published, do not submit it in the first place.
Purchase Agreement
By accepting delivery of any product or service delivered from PBH, viewing such products, or otherwise using such products or services, you ("Customer") agree to be bound by the terms and conditions listed below. You and PBH agree that the following terms and conditions are the exclusive terms governing the sales transaction between you and the PBH. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods or services from PBH.
Product Issues
If you have problems or concerns regarding PBH or your purchases, you may contact Customer Service.
WARRANTIES; ALL PRODUCTS AND SERVICES ARE SOLD "AS-IS" OR "WITH ALL FAULTS".
PBH MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT OR SERVICE EXCEPT THOSE STATED IN THIS DOCUMENT. PBH DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT OR SERVICE, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
ALL PRODUCTS OR SERVICES SOLD THROUGH OR BY PBH ARE SOLD "AS-IS" OR "WITH ALL FAULTS." THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE PRODUCTS OR SERVICES IS WITH THE BUYER. SHOULD ANY OF THESE PRODUCTS OR SERVICES PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT PBH, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES PBH’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES SOLD. PBH SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS OR SERVICES IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. PBH SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT PBH HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
CONFIDENTIALITY AND LIMITED USE
Customer acknowledges that the products and services sold by PBH are the confidential and proprietary information and property of PBH. Customer hereby agrees to protect such products and services as confidential. As a further condition to the purchase and/or receipt of such products and/or services of the PBH by Customer, Customer agrees it will not, nor allow others, to directly or indirectly copy, distribute, resell, lend, lease, display, teach to others or show these products and/or services to others. A "Customer" includes anyone who receives the products or services of PBH, even if for free.
Customer agrees that no one may use these products and/or services in any manner without the written approval of PBH, except for the Customer who has agreed that his/her use is limited to his/her own personal use. In the event Customer disagrees with these terms, Customer must immediately discontinue using the products purchased from PBH. Anyone viewing or otherwise utilizing the products of PBH by such conduct is agreeing to be bound by the terms of set forth herein, and as such must immediately comply with the terms of this agreement. In the event that PBH discloses any portion of its information to the public, it should be understood that anything not publicly disclosed by PBH remains information that you have an obligation to protect and maintain as confidential.
Customer represents and warrants that he or she is at least 18 years old. In the event that Customer is under 18 years old, Customer will immediately discontinue using the products purchased from PBH.
Terms and Conditions Specific to Monthly Subscriptions
By providing your credit card and other information, agreeing to this Terms and Conditions, or selecting the “Purchase” button (or similar such button for monthly subscription) displayed on the Site, you are purchasing a monthly subscription and are agreeing to allow us to charge your credit card for amounts payable to us pursuant to this subscription.
You acknowledge and understand that you can cancel anytime by contacting customer support.
Payment Terms; Orders
An order is not binding upon PBH until it is accepted; PBH must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment or provision of services. Customer can make payment by credit card, Square or some other method arranged by PBH. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
In addition, our payment services are offered by a third-party, your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Risk of Loss
PBH will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Severability
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.
Waiver
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
Entire Agreement
These Terms and Conditions (along with Terms of Service and the Privacy Policy) are the complete and exclusive agreement between the PBH and you, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between the PBH and you relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
updated 10/31/2024
Personal Services
By accepting and paying for products and services, you (the client) are entering into the following agreement with Pismo Beach Holistic, a California corporation.
You acknowledge and take full responsibility for your life and well-being, as well as the lives and well-being of your family and children (where applicable), and all decisions made before, during and after using our services.
Who We Serve
Pismo Beach Holistic (PBH) serves clients who reside in the United States. Due to laws limiting access to labs, we do not see clients in New York, New Jersey and Rhode Island. Since we advocate the consumption of meat, we do not see clients following vegan, vegetarian or any other diet that is strict in avoiding meat. We do not see clients who seek to change gender identity as we suggest lifestyle changes based on one’s individual genetic makeup.
Children
When seeing children, it is up to the parent/guardian to represent their child in the best way possible. This includes but not limited to sharing ALL relevant information of the child with us, monitoring state of being, understanding what the child is experiencing, documenting what makes the child feel better or worse and clearly communicating any changes to PBH. During our sessions the child should be close by and available to answer questions.
What We Do
PBH provides education to enhance a client’s knowledge for supporting and optimizing health through diet and lifestyle interventions. Our focus is to improve quality of life and provide support to enhance health and wellbeing. Through our questionnaires, consultations, analyses and potential functional tests, we seek to understand the underlying causes of metabolic chaos in order to provide individualized lifestyle advice as well as possible supplement recommendations to support you on your journey to better health.
We may provide you with information about products that we believe might benefit you, but such information is not to be taken as an endorsement or recommendation.
We may obtain a set of laboratory test results on your behalf from a certified laboratory in the United States and provide you with a holistic or nutritional interpretation of those test results that you can use exclusively as an educational tool for personal health purposes.
What We Do Not Do
Pismo Beach Holistic does not dispense medical advice nor prescribe treatment. You understand our services are not a substitute for the diagnosis, treatment, or care of disease by a medical provider.
The client should continue regular medical supervision and care by their primary care physician. The client should not discontinue any prescription medications without first consulting his or her doctor.
Your doctor may use lab test reports to diagnose and treat diseases or specific conditions, but we do not. The information we provide is not intended to, cannot, and should not be a substitute for a personal consultation with your doctor. We do not accept any liability for any failure to identify any medical condition or disease, as this is not the purpose of our services.
Some products may require a prescription, but we do not dispense or prescribe any prescription products. The information provided is intended for educational purposes only and should not be taken as professional medical advice or used as a substitute for medical care. We are not responsible for any adverse effects or consequences that may result, either directly or indirectly, from that information.
We will make a reasonable effort to protect the privacy of your medical information that is shared with us, including any lab test results. However, that information is not covered by doctor-patient confidentiality, nor is it governed by HIPAA.
You acknowledge and accept that we:
Consult Your Doctor
The information we provide should not be taken to be and is not a substitute for personal medical advice and instruction. You should not take any action based solely on our advice or guidance.
You should consult your doctor:
Programs/Packages
We offer a range of personal health programs/packages to clients and provide all the details on each. In order for programs and packages to be beneficial for you the client, sessions must be booked and attended consistently. Leaving large gaps between sessions can significantly interfere with progress.
Each program/package begins at the time of payment. It is solely your responsibility to complete all forms and labs as soon as possible. The duration of each program/package is in the product description. Make sure to book and attend all sessions during this time frame. If your package expires, you will not be able to redeem outstanding sessions.
Support Structure Between Consultations
If a program/package has been purchased, the product description will mention if online messaging through Biocanic software will be included. This is predominantly for small questions and queries. Anything that involves a long list of questions or sharing a significant amount of personal information should be reserved for consultations or check-ins. Please expect a response time with online messaging of up to 48 hours, although we will endeavor to get back to you sooner.
Payment
Full payment is required at the time of the booking, unless arrangements for a payment plan have been made. Consultations will not be scheduled until the agreed payment is received. All programs/packages are subject to the time limit in which they need to be used. In the event of the client’s absence or withdrawal, for any reason whatsoever, the client will remain responsible for the regular cost of the program. This includes remaining payment plan payments, if applicable.
PBH reserves the right to cancel the program if at any point we feel it is not advantageous for the program to continue. If this happens, the client is only responsible for the pro rata share of services received.
Functional Tests and Supplements
During your consultations with PBH, the practitioner may suggest private functional testing (outside of that offered by your doctor) using biological samples and tests to help to determine a possible cause for your health complaints. The cost for this is not included in the package pricing. We can order the tests and have the lab bill you direct. Please note that you are not obligated to take any test if you do not wish to, and tests will only be mentioned if the information gleaned is not available from the public health service and is highly relevant to the individual.
In addition to diet and lifestyle suggestions, the practitioner may mention supplements (nutraceuticals) based on your specific case. The cost for any supplements is not included in the package pricing and will be additional. These can be ordered and paid for using website links we provide. A 20% discount is given to our clients at time of purchase. A small amount of commission is paid to us that helps cover the time taken to research the supplement and check for any contraindications or interactions relevant to the individual. Please note that purchasing and taking supplements is optional and will not always be suggested.
Statements regarding supplements and other health products have not been evaluated by the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
1:1 Appointments
PBH operates a predominantly virtual consultation service via Zoom, Skype or phone. If you book an online consultation it is your responsibility to have a working internet connection. If the internet connection fails for any reason, the rest of the consultation will be carried out via the phone. Appointments can be booked online, via email correspondence or by phone. Please expect a response time on emails of up to 48 hours, although we will endeavor to get back to you sooner.
Cancellation Policy
Our goal is to provide quality care to all clients. When you book an appointment, you are holding a space in our calendar that is no longer available to other clients. In order to be respectful and fair to others, please cancel as soon as you know you cannot make your appointment.
You may cancel your initial appointment up to 48 hours in advance for a full refund or to reschedule the appointment at no additional cost. Cancellations made less than 48 hours in advance will not be eligible for a refund.
If you book an online consultation it is your responsibility to have a working internet connection. If your internet connection is not working the consultation can take place over the phone. It is not possible to re-book consultations due to poor internet connection.
Refund Policy
Payment reserves your spot in our schedule and prevents others from receiving our services. Therefore, Programs/Packages are not be eligible for a refund. In addition, cancellations made less than 48 hours in advance will not be eligible for a refund.
Exclusion of Warranties
We will provide our services to you with reasonable care and skill. We make no other warranty, express or implied, with respect to those services. All other warranties are excluded to the maximum extent permitted by law.
We make no warranty as to the accuracy of the laboratory test results we receive.
We make no warranty, expressed or implied, about the quality or effectiveness of any interpretation, apparatus, advice, treatment, or product. In no event will we be liable for any physical or mental injury or any adverse side effects that may arise from the use of any such interpretation, apparatus, advice, treatment, or product.
We believe that the information we provide, including that on our websites, videos, postings, brochures, emails, flyers, and information packets, is accurate, but we cannot guarantee such accuracy. We, therefore, make no warranty as to the accuracy of that information, and it should not be relied upon as being correct, complete, or accurate. It is your responsibility to verify such matters independently from primary sources of information and by taking specific professional advice.
Exclusion of Liability
If you rely on, buy, or use a product or therapy or modality, you do so at your own risk. We do not guarantee any results as we have no control over those results. Each person is different, and the way someone reacts to a product or therapy may be significantly different from another. We cannot predict how you may respond to any particular product or therapy.
To the maximum extent permitted by law, we exclude:
No recommendation
All material and information we may provide about products and therapies are provided solely for educational purposes and for use when discussing your health with your doctor. By providing you with such material and information, we do not necessarily endorse, recommend or promote any such product or therapy.
Arbitration, Choice of Law, And Limited Remedies
In the event that there ever arises a dispute between PBH and client with respect to the services provided pursuant to this agreement or otherwise pertaining to the relationship between the parties, the parties agree to submit to binding arbitration before the American Arbitration Association (Commercial Arbitration and Mediation Center for the Americas Mediation and Arbitration Rules). All arbitration proceedings, hearings and other meetings are to be held virtually using video conferencing software. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted by a single arbitrator. The sole remedy that can be awarded to the client in the event that an award is granted in arbitration is refund of the Program Fee. Without limiting the generality of the foregoing, no award of consequential or other damages, unless specifically set forth herein, may be granted to the client.
This agreement shall be construed according to the laws of the State of California. In the event that any provision of this Agreement is deemed unenforceable, the remaining portions of the Agreement shall be severed and remain in full force.