Please read and completely understand this entire “Safety Information, Terms and Conditions of Use, Warranty, and Returns” (the “Terms”) and all terms, warnings, and instructions provided by Aletha lnc. (“Aletha” or “Seller” or “we” or “our”) on our website www.alethahealth.com to you (the “Buyer” or “Purchaser” or “user” or “you”) before using any of Aletha’s products.
By using or allowing the use of any Aletha product, including, but not limited, the Mark, Range, Orbit, or Band, (each, the “Product” and, collectively, the “Products”), you agree to all of these Terms.
Please visit alethahealth.com for a complete and current list of each and every Aletha Product covered under these Terms.
Use any Aletha product only under the guidance of your healthcare practitioner. Only use any Aletha product as described in these Terms, ensuring to employ appropriate techniques and sound judgment throughout use. Before each use, check the equipment thoroughly for any signs of damage. Do not use it if damaged. Immediately stop using the Product at the first sign of discomfort. This Product is not intended for commercial use.
WARNING
Serious or fatal injury can occur by using any Aletha product incorrectly or if you have a pre-existing condition. Exercise and therapeutic tools of any kind present an inherent danger to the participant.
By buying, using, or allowing the use of any Aletha product, you understand and agree that you EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF THIS DANGER INCLUDING SERIOUS OR FATAL INJURY SUSTAINED WHILE USING ANY ALETHA PRODUCT WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT of Aletha, Inc.
Aletha Products
You agree to consult your doctor before using any Aletha product. Please follow these instructions carefully and do not experiment with any uses of any Aletha product that are not explicitly set forth in these instructions or on our video instructions located at alethahealth.com/howto. Deviations from proper use of any Aletha product, as described herein, can cause serious injury and bodily harm. This Product is NOT a toy. All Aletha products and services are intended to be used by healthy adults and only in the manner shown. Aletha Products are NOT intended for use by anyone under the age of 18. Adult supervision should be provided for those under the age of 18 years old using any Aletha Product.
Precautions
Due care is required while using any Aletha product; and, such use of any Aletha Product may need to be modified based on a directive by your doctor as you agree to consult your doctor before using any Aletha product.
Always consult with a medical professional before you use any Aletha Product. Potential risks that may arise with the use of any Aletha product may outweigh the benefits, especially if you have, or suspect you may have, any medical condition(s), including, but not limited to:
If you are using the Mark or Orbit on the front of the hip, do not use if you have, or suspect you have:
If you are using the Range, do not use if you have, or suspect you have:
If you are using the Band, do not use if you have, or suspect you have:
As with pressure on any part of the body, there is a risk of pressure on blood vessels causing throbbing or bruising or pressure on nerves causing nerve pain or numbness. If you notice these sensations, try another spot. If you have scar tissue in the area, you may experience normal but intense sensations. As with any new intervention to your body, consult with a medical professional prior to use, especially if you are concerned about your particular medical condition. Establish a comfortable use for yourself within the guidelines set forth in this instruction booklet. The ideal amount of pressure, length of pressure, and frequency of use will vary from person to person. If it feels too uncomfortable, stop and consult your healthcare practitioner.
DISCLAIMER
No medical claims are made or implied by Aletha Inc. with respect to any Aletha Product, in any way relating to any Aletha Product, or by Aletha or any of its related devices. These tools and their use are not intended to diagnose, cure, prevent, treat, or mitigate any medical condition or disease. Always seek professional medical advice for the diagnosis and treatment of any health condition. All of the information expressed herein must be considered theoretical and unproven and for educational purposes only. The Aletha Products are not medical devices and have not been evaluated by the FDA. Results may vary.
By use of any Aletha Product, the Buyer agrees to indemnify, defend, and hold harmless the Seller, each of its affiliates, and each of its employees, officers, directors and agents (the “Seller Indemnitees”) from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorney’s fees and expenses) (each, a “Liability” and collectively, the “Liabilities”) that (1) arise out of or result from the Buyer’s own negligence in the use or misuse of the purchased Product or (2) the Seller Indemnitees may be required to pay to one or more third parties resulting from or arising out of (a) personal injury or death of any person as a result of the use of any Aletha Product or (b) the conduct or information shared by the Seller or its affiliates or licensees or sublicensees in respect to any Aletha Product.
By using any Aletha Product, you agree to be bound by these Terms, including this Disclaimer (the “Disclaimer”) and agree to assume certain risks, all of which limit your rights and restrict Aletha lnc.’s obligations to you.
Limitation of Liability
As set forth in the limited warranty section below, Aletha’s liability is limited to the repair or replacement of its Products. In no event shall Aletha’s liability exceed the value of the Product(s) sold.
UNDER NO CIRCUMSTANCES WILL ALETHA BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO ANY ALETHA PRODUCT, YOUR USE OF ANY ALETHA PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY ALETHA PRODUCT IS SET FORTH IN THE LIMITED WARRANTY SECTION BELOW.
LIMITED WARRANTY
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
This Limited Warranty (this “Limited Warranty”), provided by Aletha, applies to the specified Aletha Products and is applicable to individual, original purchasers who acquire the Product(s) either through an authorized distributor or directly from Aletha. Aletha assures that its branded Products will be reasonably free of any defects in materials and craftsmanship under normal usage, adhering to Aletha's documented guidelines, for the duration (the “Warranty Period”). This Warranty Period covers defects in materials and/or workmanship of this Product for 365 days, commencing on the date of purchase of Product from Aletha or its authorized distributor. Any rights under local consumer laws regarding non-compliant or faulty Products remain unaffected. It is important to acknowledge that by utilizing an Aletha Product, you are consenting to abide by the terms of this Warranty as delineated below. For any concerns regarding warranty coverage, please contact hello@alethahealth.com to get in touch with our support team. All services covered under this Limited Warranty must be sanctioned and executed by Aletha or a service provider authorized by Aletha.
WARRANTY SERVICES
To obtain a replacement for an Aletha Product or component covered by this Limited Warranty, you must first contact warranties@alethahealth.com before returning any Product for warranty service. Our team is happy to guide you through the return and replacement process.
Aletha will not reimburse purchasers for services performed by third parties. Unless otherwise directed by Aletha, the Product must be shipped, with freight prepaid, either in its original packaging or packaging providing an equivalent level of protection, to the facility specified by Aletha.
Before receiving any warranty service, Aletha may request that you provide proof of purchase details, respond to inquiries designed to assess potential issues, and follow Aletha’s procedures for obtaining warranty service. If Aletha determines that the Product's alleged issue does not arise from a manufacturing defect in materials and/or workmanship, or if the Product is not returned to Aletha correctly, or if it otherwise does not meet the criteria for warranty replacement, then you will be responsible for all costs incurred by Aletha to return the Product.
Aletha reserves the right to alter the method by which warranty service is provided and a Product’s eligibility for a specific service method. Service will be limited to the U.S. International services are not available.
If you have an issue with any Aletha Products, please reach out to us at warranties@alethahealth.com. To deliver our best service to accommodate you, we require you to share photos and a description of your issues. Our team would be happy to guide you through the return and replacement process. Keeping your original packaging will be helpful in case of return.
LIMITED REMEDIES
Aletha explicitly prohibits any party, including but not limited to Aletha resellers or agents, from making any alterations, extensions, or additions to this Limited Warranty. Should any provision be deemed illegal or unenforceable, the legality or enforceability of the remaining provisions shall remain unaffected.
To the extent permitted by applicable law, this Limited Warranty and its outlined remedies are comprehensive and replace all other warranties, remedies, and conditions, whether oral, written, statutory, express, or implied. Aletha disclaims all statutory and implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and warranties against hidden or latent defects, to the extent permitted by law. Where such warranties cannot be disclaimed, Aletha limits their duration and remedies to the extent described in this express warranty and the replacement services detailed herein. Certain states, countries, and provinces may not allow limitations on the duration of implied warranties, so the above limitation may not apply. Aletha does not guarantee the uninterrupted or error-free operation of the Product.
Except as provided in this Limited Warranty and to the maximum extent permitted by law, Aletha shall not be liable for direct, special, incidental, or consequential damages resulting from any breach of warranty or condition or under any other legal theory, including but not limited to loss of use, revenue, profits, goodwill, reputation, data, or any indirect or consequential loss or damage, including the replacement of equipment and property or costs of recovering any program or data stored in or used with the Aletha Product. To the extent permitted by applicable law, Aletha’s liability shall not exceed the purchase value of the Product. Certain states, countries, and provinces may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply.
If replacement parts are unavailable for defective Products, Aletha reserves the right to substitute Products in lieu of replacement. Aletha shall not be liable under any circumstances, whether expressly or impliedly, for any damages or losses resulting from the loss of, damage to, or corruption of content or data during Product replacement.
WHAT IS NOT COVERED?
This Limited Warranty exclusively addresses Product issues resulting from defects in material or workmanship from ordinary use. It does not encompass issues arising from any other cause, including, but not limited to: (i) superficial damage, such as scratches, dents, or broken plastic on ports, unless such damage results from a defect in materials or workmanship; (ii) damage due to misuse, abuse, neglect, accidents, exposure to liquids (including fire, liquid contact, vandalism, or external forces); (iii) defects arising from normal wear and tear or the natural aging process of the Product; (iv) alterations to the Product in any manner; (v) usage inconsistent with the intended purpose or design as outlined in the Product’s user manual or other documentation, including attachment of unauthorized accessories; (vi) unauthorized repairs or modifications; (vii) removal or defacement of any serial number from the Product; or (viii) loss of use during the period when the Product is at the Aletha repair facility or awaiting parts or repair, or due to circumstances beyond Aletha's control.
Aletha does not guarantee the uninterrupted or error-free operation of the Product. This Limited Warranty excludes Aletha Products sold in "AS IS," "Open-Box," or similar conditions, as well as consumables. It also does not cover purchases of opened, used, repaired, repackaged, or resealed Products, including those sold on Internet auction sites or by surplus or bulk resellers. Upon exchange of a Product or part, the original item becomes the property of Aletha.
“AS IS” Sale
THE GOODS COVERED BY THESE TERMS HAVE BEEN PURCHASED BY THE BUYER "AS IS" AND "WITH ALL FAULTS," AND THE BUYER ACKNOWLEDGES THAT NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE ARE TO BE IMPLIED IN THIS TRANSACTION.
Method of Repair or Replacement Aletha Inc. will, at its sole discretion, provide one of the following remedies to whatever extent it shall deem necessary to satisfy a proper claim under this limited warranty:
a) Repair or facilitate the repair of any defective parts within a reasonable period of time, free of any charge for the necessary parts and labor to complete the repair and/or restore this Product to its proper operating condition. Aletha Inc. will also pay the shipping costs necessary to return this Product once the repair is complete.
b) Replace this Product with a direct replacement or with a similar Product deemed by Aletha Inc. to perform substantially the same effect.
Exclusive Remedy
To the maximum extent permitted by law, this limited warranty and the remedies set forth above are exclusive and in lieu of all other warranties, remedies, and conditions, whether oral or written, express or implied. To the maximum extent permitted by the law, Aletha specifically disclaims any and all implied warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose. If Aletha cannot lawfully disclaim or exclude implied warranties under applicable law, then all implied warranties covering this Product, including warranties of merchantability and fitness for a particular purpose, shall apply to this Product as provided under applicable law.
If any Product to which this limited warranty applies is a “consumer product” under the Magnuson-Moss Warranty Act (15 U.S.C.A. §2301 ET SEQ.) or other applicable law, the foregoing disclaimer of implied warranties on this product, including warranties of merchantability and fitness for the particular purpose, shall apply as provided under applicable law.
Entire Obligation
These Terms state the entire obligation of Aletha, Inc. with respect to any Aletha Product and related Products. If any part of these Terms is determined to be void, invalid, unenforceable, or illegal, including but not limited to the warranty disclaimers and liability disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect.
Applicable Law
These Terms and your purchase of any Aletha Product are governed by the laws of the state of California. You hereby consent to the jurisdiction and venue of the Superior Court of Contra Costa, California in all disputes arising out of or relating to the use of any Aletha Product. Use of any Aletha Product is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation to this paragraph.
RETURNS
We offer a 60-day return policy for the Mark and the Range, as long as they are in like-new condition with the original packaging. The Orbit, the Band, and Tight Hip, Twisted Core Book are non-returnable. Returns are accepted from US, UK and EU customers only. All other international returns are not supported.
For more information, see our full return policy here: www.alethahealth.com/policies/refund-policy
Start a return here: returns.alethahealth.com
PATENT INFORMATION
See our patents here: www.alethahealth.com/patents
CONTACT US
Any questions should be addressed to:
Aletha Inc.
2872 YGNACIO VALLEY RD #605 WALNUT CREEK,
CA 94598
Attention: Warranty Department
Email: hello@alethahealth.com