Effective Date: December, 2019
Last Updated: February, 2025
GENERAL
The following terms and conditions, together with any documents they expressly mention or incorporate by reference (collectively, “Terms of Use”), govern your access to and use of any and all Healthy Kids Happy Kids membership and mentorship programs, including any content, programs, functionality or services offered through the site or related sites and programs (the “Membership”), whether as a guest or a registered user.
The following Terms of Use are entered into between You and Healthy Kids Happy Kids, LLC (“Company”, “we”, or “us”) whenever you use or participate in the Membership.
Please read these Terms of Use carefully before you start to use the Membership. By using the Membership or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated by reference. If you do not agree to these Terms of Use including the agreements incorporated documents, you cannot access or use the Membership.
MEMBERSHIP
Company agrees to provide the Membership program(s) as identified here and on any applicable sales checkout page. As a condition of purchasing and participating in the Membership, you agree to be bound by all the policies and procedures set out in this Agreement, including those incorporated by reference.
As part of the Membership, and according to your current access level to the Membership, the Company will provide access and maintain a Membership that includes various types of content, including but not limited to video, audio, text, files, quizzes, interactive content, templates, protocols, and other training and support materials, (“Content”). You shall have access to this Membership and Content for as long as your paid Membership account exists. You are expressly prohibited from sharing access credentials with non-members, distributing or reproducing Membership materials, disclosing proprietary protocols or methodologies, recording or transcribing live sessions, and sharing details of case discussions or member interactions. In the event that Company intends to close the Membership, it shall provide you with a 30-day notice. The Company requires participants to abide by: all policies posted in the Membership, the rules of the Membership hosting platform and any other directives by staff or they may be dismissed from the Membership.
USE OF COMMUNICATION SERVICES
The Membership may contain discussion spaces, forums, communities, personal web pages, chat areas, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
When using a Communication Service, you agree that you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content
- Upload files that contain viruses, corrupted files, or any similar software
- Post content that infringes any intellectual property rights
- Advertise or offer to sell any goods or services unless explicitly permitted
- Conduct or forward surveys, contests, pyramid schemes or chain letters
- Download any file posted by another user that you know cannot be legally distributed
- Restrict or inhibit any other user from using and enjoying the Communication Services
- Harvest or collect information about others, including email addresses
- Violate any applicable laws or regulations
The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and Hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of the Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
You understand and agree that by participating in a Communication Service, you hereby grant Company and their assigns, licensees, and successors the right to use text or images you have posted (with your name and/or your patient’s name or any identifying information removed unless permission is granted by you) in all forms and media available now and in the future, including composite or modified representations, for all purposes throughout the world in perpetuity. You waive the right to inspect or approve versions of your text or images used for publication or the written copy that may be used in connection with the images. You also hereby release Company and Company’s assigns, licensees, and successors from any claims that may arise regarding the use of your name/image/likeness including any claims of defamation, invasion of privacy, or infringement of moral rights, rights of publicity, or copyright. Company is not obligated to utilize any of the rights granted in this agreement.
SUBMISSIONS
You may post reviews, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do 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 anyone, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any such content.
DISCLAIMERS
The Company’s other legal policies, including but not limited to Terms of Service, Privacy Policy, and Medical Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Membership.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall we, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Membership, including our messaging, blogs, comments of others, books, emails, products, or services, or third-party materials, products, or services made available through the Membership or by us in any way, even if we are advised beforehand of the possibility of such damages. Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, our liability and the liability of our subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the site, any materials, products, or services on the site, or with any of the site’s terms and conditions, your sole and exclusive remedy is to discontinue using the site and the products, services and/or materials.
This Membership is continually under development and company makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose.
WITH REGARDS TO CONTENT RELATING TO HEALTH AND WELLNESS ON THE MEMBERSHIP
This Membership offers health, wellness, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other healthcare professional. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of something you may have read on the Membership. The use of any information provided through the Membership is solely at your own risk.
Nothing stated or posted on the Membership or available through any of our services are intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of these Terms of Use, the practice of medicine and counseling includes, but is not limited to, pediatrics, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice.
MEDICAL DISCLAIMER AND LIABILITY
You understand Company is not serving you as a licensed medical provider and the information contained in the Membership, including any interactions with Dr. Elisa Song, guest experts, or other members, is for educational and informational purposes only. The Company has not promised and will not: (1) provide medical advice, diagnosis, or treatment recommendations; (2) establish a doctor-patient relationship; (3) guarantee any specific medical outcomes; or (4) assume responsibility for any patient care decisions or outcomes.
You expressly acknowledge and agree that your participation in the Membership and any implementation of protocols, procedures, or treatment plans discussed therein is entirely at your own risk and discretion. You understand and agree that:
- All content provided through the Membership, including but not limited to masterclasses, protocols, treatment guides, case discussions, and any other materials or interactions, whether provided by Dr. Elisa Song, guest experts, or other participants, is for educational and informational purposes only and does not constitute direct medical advice, diagnosis, or treatment recommendations.
- You maintain sole and complete responsibility for all aspects of your professional practice, including but not limited to: a) All clinical decisions and treatments provided to your patients b) Ensuring compliance with your professional license scope and applicable laws c) Maintaining appropriate professional liability insurance coverage d) Obtaining necessary informed consent from patients e) Any outcomes resulting from your implementation of information obtained through the Membership.
- You hereby expressly waive and release Company, Dr. Elisa Song, Healthy Kids Happy Kids, its officers, employees, contractors, agents, and guest experts from any and all liability, claims, or damages (including direct, indirect, special, incidental, consequential, or exemplary) arising from or relating to: a) Your use of any information obtained through the Membership b) Implementation of any protocols or procedures discussed c) Patient outcomes related to knowledge or techniques learned through the Membership d) Any clinical decisions made in connection with Membership content e) Any claims of medical malpractice or professional negligence.
Nothing in the Membership shall be construed as medical advice or as establishing a physician-patient relationship between Company, you, and/or any of your patients if applicable.
SCOPE OF PRACTICE FOR PRACTITIONERS
You expressly acknowledge and agree that as a condition of participating in the Membership, you shall:
- Limit your professional practice strictly to the scope defined by your professional license, credentials, and applicable state and federal regulations.
- Maintain compliance with all applicable laws, rules, and regulations governing your profession in your jurisdiction(s) of practice.
- Maintain appropriate and current professional liability insurance coverage as required by your jurisdiction and profession.
- Obtain and document appropriate informed consent from all patients prior to implementing any protocols or treatments learned through the Membership.
- Acknowledge and agree that certain protocols, particularly those involving prescription medications, medical devices, or restricted procedures, are intended solely for appropriately licensed healthcare providers and may not be implemented by practitioners whose licenses do not specifically permit such activities.
Any violation of these scope of practice requirements shall constitute grounds for immediate termination of your Membership without refund.
CONFIDENTIALITY AND PRIVACY REQUIREMENTS
Patient Privacy and Protected Health Information: You hereby agree to: a) Strictly comply with all applicable privacy laws, including but not limited to HIPAA and state-specific requirements b) Remove or redact all protected health information and identifying details when presenting cases or sharing information within the Membership c) Implement appropriate safeguards to prevent unauthorized disclosure of protected health information d) Report any inadvertent disclosures of protected health information to the Company immediately e) Bear sole responsibility for any breach of patient privacy resulting from your activities.
Membership Confidentiality: You acknowledge and agree that: a) All discussions, materials, and information shared within the Membership constitute confidential information; b) Sharing of Membership information is strictly limited to direct patient care applications within your practice and consultation with immediate clinical colleagues regarding specific patient care; c) You are expressly prohibited from sharing access credentials with non-members, distributing or reproducing Membership materials, disclosing proprietary protocols or methodologies, recording or transcribing live sessions, and sharing details of case discussions or member interactions.
INTELLECTUAL PROPERTY RIGHTS AND CONTENT USAGE
Ownership and Protection: All content included in the Membership, including but not limited to text, graphics, logos, images, audio, video, protocols, handouts, presentations, and training materials, as well as the compilation thereof (“Content”), is the property of the Company or its content suppliers and is protected by United States and international copyright and intellectual property laws.
Limited License: Upon payment of required fees, you are granted a limited, non-exclusive, non-transferable, revocable license to: a) Access and view Membership Content for personal and professional use b) Utilize Healthy Kids Happy Kids-branded materials within your direct patient care activities c) Implement protocols and methodologies within your individual practice.
Prohibited Activities: You are expressly prohibited from: a) Recording, copying, or storing any live or recorded sessions b) Sharing or distributing Membership materials to non-members c) Modifying or creating derivative works from Healthy Kids Happy Kids-branded materials d) Using Membership Content in teaching, training, or educational activities outside your direct patient care e) Removing or altering any copyright, trademark, or other proprietary notices.
Required Attribution: When utilizing Healthy Kids Happy Kids materials in permitted contexts, you must: a) Maintain all original Healthy Kids Happy Kids (HKHK) branding elements b) Include appropriate attribution to Dr. Elisa Song and Healthy Kids Happy Kids c) Reference the book “Healthy Kids Happy Kids: An Integrative Pediatrician’s Guide to Whole Child Resilience” where applicable.
Enforcement: Any violation of these intellectual property provisions shall constitute grounds for: a) Immediate termination of Membership without refund b) Legal action to protect Company’s intellectual property rights c) Monetary damages as applicable under relevant laws.
PAYMENT AND CANCELLATION TERMS
Payment Provisions: You hereby acknowledge and agree that: a) All payments are non-refundable after a 3-day free trial b) Monthly membership fees shall be automatically charged to your designated payment method c) Annual membership fees shall be automatically charged to your designated payment method d) You are responsible for maintaining current and valid payment information e) Failed payments may result in immediate suspension of access.
Cancellation Terms: The following terms govern Membership cancellation: a) Monthly Memberships may be cancelled at any time. Access continues through the end of the current paid month. No partial refunds shall be issued for unused portions b) Annual Memberships may be cancelled at any time. Access continues through the end of the current paid year. No partial refunds or prorations shall be issued for unused portions.
Membership Reinstatement: In the event of Membership cancellation: a) Reactivation requires payment of then-current Membership rates b) Previous promotional or founding-member rates are not guaranteed and will not be honored after promotion has ended c) The Company reserves the right to deny reinstatement.
MODIFICATION OF TERMS AND SERVICES
Modification Rights: The Company expressly reserves the right, at its sole discretion, to: a) Modify these Terms of Use at any time without prior notice b) Alter or discontinue any aspect of the Membership services c) Change Membership features, benefits, or access rights d) Adjust Membership fees with appropriate notice e) Implement new rules or procedures for Membership access.
Notice and Effect: Changes to these Terms of Use shall be effective immediately upon posting. Your continued use of the Membership following any modifications constitutes acceptance of such changes. The Company shall provide a 30-day notice of any material changes to services. The Company shall provide a 30-day notice of any changes to existing fee structures.
TERMINATION PROVISIONS
Termination by Company: The Company maintains the right, in its sole discretion, to a) Terminate your access to the Membership immediately for violation of these Terms of Use, breach of confidentiality requirements, misuse of intellectual property, disruptive behavior within the community, violation of scope of practice requirements; b) Suspend access pending investigation of potential violations; c) Remove any content you post or share within the Membership; d) Ban you from future participation or reinstatement.
Effect of Termination: Upon termination of Membership: a) All rights granted herein shall immediately cease b) No refunds shall be issued for any unused portion c) You must cease all use of Membership materials d) You remain bound by confidentiality obligations e) You remain bound by intellectual property restrictions.
INDEMNIFICATION OBLIGATIONS
You hereby agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, contractors, licensors, and agents from and against any and all claims, actions, demands, liabilities, costs, and expenses, including, without limitation, reasonable attorneys’ fees, resulting from:
- Your use of the Membership
- Your breach of any provision of these Terms of Use
- Your violation of any third-party right
- Your violation of any applicable law or regulation
- Any claim that your use of the Membership has harmed a third party
- Any patient care decisions or outcomes related to your use of Membership content
The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you shall cooperate in asserting any available defenses.
GOVERNING LAW AND JURISDICTION
Choice of Law: These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Jurisdiction: You hereby expressly agree that: a) Any dispute arising from these Terms of Use shall be subject to the exclusive jurisdiction of the state and federal courts located in California b) You submit to personal jurisdiction in California for any such dispute c) You waive any objection to such jurisdiction or venue.
Dispute Resolution; Prior to initiating any legal action: a) Parties agree to attempt good faith resolution through direct negotiation b) Any unresolved disputes shall be submitted to binding arbitration c) Arbitration shall be conducted in California d) The prevailing party shall be entitled to recover reasonable attorneys’ fees.
MISCELLANEOUS PROVISIONS
Entire Agreement: These Terms of Use, together with the Privacy Policy and any additional agreements referenced herein, constitute the entire agreement between you and the Company regarding the Membership and supersede all prior agreements and understandings.
Changes to Terms: The Company reserves the right, in its sole discretion, to change the Terms of Use under which the Membership is offered. The most current version of the Terms of Use will supersede all previous versions. The Company encourages you to periodically review the Terms of Use to stay informed of our updates.
Severability: If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary while preserving the remaining provisions.
Waiver: No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
Assignment: The Company may assign its rights and obligations under these Terms of Use. You may not assign your rights or obligations without prior written consent.
Force Majeure: The Company shall not be liable for any failure to perform its obligations where such failure results from any cause beyond its reasonable control.
CONTACT INFORMATION
Healthy Kids Happy Kids LLC
1601 El Camino Real, Suite 101
Belmont, CA 94002
hello@healthykidshappykids.com
© 2025 Healthy Kids Happy Kids®. All Rights Reserved.