Every year, millions of people plan to have a baby. Conception, pregnancy, birth—these are natural processes that can often be taken for granted. But fertility challenges have become commonplace in modern society. More and more, would-be parents are finding themselves unable to conceive or sustain a full-term pregnancy. Do we know why this is happening? Can people take steps to optimize their health prior to starting a family? This episode features our special guest, Dr. Michelle Leary-Chang.
James Maskell: 00:06 Hello and welcome back to the Big Bold Health Podcast. We are making health personal in a world of disease, and we have this week as our guest, Dr. Michelle Leary-Chang, and as ever my cohost, Dr. Jeffrey Bland. Dr. Bland, how are you doing?
Jeffrey Bland: 00:21 James, great to be here.
James Maskell: 00:22 I know you’re excited-
Jeffrey Bland: 00:24 You’re looking well today.
James Maskell: 00:24 Thank you. I know you’re excited about this episode. What is it about what Michelle’s bringing that gets you excited about this conversation in health?
Jeffrey Bland: 00:30 We’re bringing energy that is going to be the energy of change in healthcare because it’s the type of energy that Michelle is going to bring to us, it is exemplary and I think shows the kind of next generation of health care that is focused on health and not just disease. And, there is no person I can think of better to represent that new developing energy that’s going to be the transformative energy for health in our system than Dr. Michelle Leary-Chang. Michelle, welcome.
Michelle Leary-Chang: 01:01 Thank you.
Jeffrey Bland: 01:01 Michelle welcome. What a treat to have you here. You’re the quintessential example of what we consider the 21st century Wonder Woman.
Michelle Leary-Chang: 01:10 Wow.
Jeffrey Bland: 01:10 You’re a mother, a wife, a doctor, a professional, a person who is working and is an advocate of patient care, trying to cross barriers of conversation and communication, looking at networking, being involved with those that are medically disadvantaged as well as those that are creating the new paradigm in healthcare. I mean, it’s a really big swath, palette to play with, but you still have only one life, it’s still 24 hours a day. How are you doing it?
Michelle Leary-Chang: 01:36 You know, I think the best answer to that is that I’m doing the best I can. Most days I feel really energized about everything that I have going on and then there’s other days where it feels like a lot. So, I think that we’ll talk a little bit about that, but honestly it’s really exciting to be in the middle of so many different industrial changes within healthcare. So, I feel fortunate to be in this position.
Jeffrey Bland: 02:07 Could you tell us just briefly about the points of contact you have? Because I think they’re very interesting when you lay them side by side as to how they develop kind of a network of understanding of where we’re going.
Michelle Leary-Chang: 02:18 Yeah. So, part of my life is really dedicated to working for the Institute of Functional Medicine. And you, Jeff, actually really inspired me to get involved in IFM from the get go, and I’m fortunate to work with an amazing group of people that are advancing not only the clinical education aspects of functional medicine, but also the research avenues, and thinking about how we can really develop outcomes-based research protocols to think about kind of taking functional medicine to the masses. And so, that’s one area that, that I’m involved with.
Another is doing patient care. And so, I’m at Vida Integrated Health and I’m fortunate to be starting a functional medicine program there and it’s brand new. So, we’re kind of just testing the waters and seeing what happens. But, I do really firmly believe in the insurance model for bringing functional medicine to those who need it most. And at this time, while the insurance model is not a perfect model by any stretch, I am passionate about using my skills to be able to offer integrated medicine services to those who may not otherwise be able to afford it.
Jeffrey Bland: 03:46 And you know, you came up very interestingly through an Exercise Phys. background and a whole other pedigree and another career. There had to be something that you felt as a calling where this field was going and where you wanted to be in it. You also have talents now in nutrigenomics and you’ve taken on that as an additional part of your expertise. What is it that drives you, and how do you see the future that you’ve tried to align yourself to?
Michelle Leary-Chang: 04:14 Yeah, what drives me? One of the big things that drives me is a calling to create something big. I do come from an exercise physiology background and that was cultivated actually back in 2005 when I started teaching Pilates and got the opportunity to be in front of people in a classroom setting and teach them about their bodies from an exercise standpoint. And, that inspired me to say, wow, if I can do this as an instructor, a fitness instructor, what could I do if I had a bachelor’s degree in this particular area? And, what could I do if I then took that to a hospital setting and cardiac rehab, which I did? And then, what if I started a cardiac rehab program within a larger clinic? And then I did that as a medical wellness director at an organization called Pinnacle Medical Wellness.
And, that then took me to wow, patients are being referred to me for cardiac rehab or obesity management from an exercise perspective and I want to do more, I really want to help these people on a bigger scale. Well, I need more education—and that led me to exploring different avenues of medicine. I did spend some time at the NIH and talked to several prominent physicians at that time and that really shaped the direction of where I wanted to go, and it led me to go to Bastyr, which offers naturopathic medical training and naturopathic medicine, being very similar philosophy to functional medicine, brought me to this place.
Jeffrey Bland: 06:03 Pretty exciting journey. No kidding.
James Maskell: 06:06 Some of the contexts that we’ve been talking about in the Big Bold Health Podcast is really separating out the sort of disease care model and a health system that’s focused on health, and so one of the things we spoke about in a previous episode was what health means to each of us. And, I’d love to just get your thoughts on what health means to you, because I’d imagine that’s evolved too over this period, right?
Michelle Leary-Chang: 06:25 Yeah, absolutely. I think health means to me when you don’t have to think about it, right? If I go out in the middle of the day and I’m living my best life and I don’t have to think about my own health, then I must be doing pretty good, right? If I am having to think about different ways in which I need to take care of myself because I’m not feeling my best, then health becomes more front and center as my priorities, and what’s really important to me is that I am able to chase some of the ambitions that I just mentioned, and by having health as something that I don’t have to think about every day, and allows me to have joy, allows me to have happiness, allows me to smile and take a deep breath and not worry if I’m coughing, or sneezing, or having any respiratory issues.
To me, health is something that is amazing when you don’t have to think about it on a daily basis. And, there’s a lot of people who aren’t in that camp yet, but there’s ways to get them there.
Jeffrey Bland: 07:39 So let me… you are kind of a role model for me as it relates to aspiring up-and-coming leadership in women. We still haven’t democratized childbearing. It’s still a woman’s thing, and maybe in the future it will change, but right now it’s a woman’s thing. So, you’ve just recently had a child.
One of the things that we know in our culture right now is that there’s a tremendous amount of problems in reproductive medicine. In fact, the concept of reproductive medicine wasn’t even a discipline until the last 25 or 30 years, because of challenges that women and men are having in successful birthing, conception and birthing. So, tell us a little about how you see women, the process of conception, childbearing, and ultimately bringing into the world a new being relates to this whole healthcare movement.
Michelle Leary-Chang: 08:39 Yeah, I just want to start out by saying that I knew I was going to love my child, but I did not know I was going to love him this much. As both of you are fathers, so I’m sure you can relate to this, it is crazy to have this little being and be so responsible for them and yet have a career that you’re going after. So, I just want to kind of say that from the get go. I do think that some of the challenges with being an aspiring… or being a physician, also being someone who wants to have a family life that is very robust, I think that there’s challenges there. And, when my husband and I decided that we wanted to start a family, this is in 2017, I was a little bit ignorant to the fact that it was going to be more challenging than I thought.
And, what happened was we essentially started to think about, okay, what the next steps were. And, I got pregnant fairly quickly and we actually lost that first pregnancy. And, that was devastating, as you can imagine, and you know, I kind of said, okay, well it happens. Miscarriage is something that is very common and is not talked about in our culture, in my opinion, enough. And then, we got pregnant again and we also lost that second pregnancy.
And that brought me to the point where I just said to myself, why are we not talking about this? Why is this not something that is more prominent on social media? Why are women feeling like there’s something wrong with them? And I went through that period. I went through a period of feeling like I was broken and here I was, a recently new physician and feeling like, gosh, I need to fix myself.
And, ultimately it taught me that the process of going into motherhood while also wanting to cultivate a career, made me reflect on my own health, and I had to take a step back and think about what the foundations of health were for me. And, we fortunately were able to have a successful pregnancy and my son was born four months ago.
But, one of the reasons I’m sharing this with both of you is because Michelle Obama recently came out and put in her book that she had some fertility challenges. And, I think that that’s just a really important thing to make women know that there’s no shame, and we need to normalize it, and it’s important to talk about.
Jeffrey Bland: 11:38 Did you make any changes in the way that you were approaching your health over the course of this series of events?
Michelle Leary-Chang: 11:48 I did. At the time, during the first pregnancy, I was working five days a week and then also on the weekends—I ran a private exercise therapy company still. So, I took a step back from that, I decided to hand the reins over to someone else and said I need more time; I need to take care of myself better. I put myself on a fertility protocol—and I’m fortunate enough to have the education to know how to do that—that involved nutraceuticals and certain dietary changes, and I did the same thing for my husband.
It also drove me to think about what was really important in my life. It allowed me to reflect on the priorities that I had and if this was a goal of mine in my life, then I really needed to step back and think, okay, how can I take better care of myself? I’m talking to my patients every day about this is what we need to do to kind of get you back on track towards health, towards optimization, and I wasn’t living that best life at that time. I can’t say I definitively am now, but I certainly felt like it was an important time of reflection.
Jeffrey Bland: 13:19 Well first of all, thank you so much for being willing to share that. I think it’s a hugely important message and I’m sure that the people listening and watching this are just really moved for both your willingness to share it and also kind of the deep reflection that this is a problem in our society. And, I think as James and I are trying to develop in this whole podcast, the big bold health concept, that health is very personal.
This is one marker, right? It’s not the only marker, but for you and your husband having a healthy child was a very big, important objective. So, health for you would surround that as a very high and important objective. For me at my age, that wouldn’t be considered an important objective. I’d want my grandchildren to be very healthy, but for me, I wouldn’t be considering how could I make myself healthy enough to be able to conceive a new child.
I think that this is an important part of the whole context of personalizing our objectives of health to achieve our objectives, because they can be different from person to person.
And I’m reminded, just as a quick story, that a doc came up to me—this is a number of years ago now—in a seminar that I was giving in Minnesota and he said, “Jeff, I just wanted to share something with you. You know I’ve been coming up to your seminars for the last six years and I’ve been saying how we’ve been unsuccessful in having a child in our family and you gave me some thoughts about what I might be doing and my wife and I to kind of change our nutrition and our thought patterns towards conception. And I just want to show you the photograph of our new child, Jeff, which we have named after you.”
James Maskell: 15:00 Mini Jeff.
Jeffrey Bland: 15:01 Yeah. It was the greatest compliment. Well, the go forward on this is that when Jeff graduated from college, it’s been that many years now, I was invited to his graduation and he is going on into health care in reproductive medicine. So, the concept of how these things get woven into the texture of our understanding of the psychosocial, biomedical, environmental, nutritional lifestyle principles that control how our genes express themselves through the function of our life is a superly important part of our life process. And, that’s what we’re trying to get people to understand in Big Bold Health.
James Maskell: 15:40 Yeah, I can’t tell you how many times I’ve heard that exact story in 13 years in this world, of like I was having problems, this is where we first noticed it. I was… You know, it’s funny what you said at the beginning is that if you don’t notice it, then it’s not happening. And for a lot of people, this can be like the first wake up call to, hey, something’s not happening in the way that it should. And then, ultimately, that’s sort of like a moment of… can be a moment of transformation. I’ve heard that from so many practitioners, from so many people who have had pregnancy as the sort of moment where it was like, okay, this is real now.
And, it comes back to what is health for you and it seems like health for a certain number of people, for myself and my wife, was like being able to live a life of having a child. It’s amazing how it’s sort of almost like, sort of like an early litmus test, right, that most people are connected to at some point.
Jeffrey Bland: 16:36 So, I think you said something very important I wanted to ask Michelle about, because in part what you’re talking about, what we’re all talking about is resiliency, right? Building the reserve. Let’s face it, when you have a child, you better have some reserve. Because it’s going to push every button and every limit of your ability to manage time, manage all the functions of daily living. So, as you’ve gone through this process, Michelle, and it would translate obviously into how you communicate with your patients, how has that influenced how you are now talking about health to your patients?
Michelle Leary-Chang: 17:09 Yeah, it’s been transformational to be honest. I am grateful for that experience, as difficult as it was, because I have a whole new level of relatability for women who not only have gone through fertility challenges, but also women who have lost a pregnancy. It’s made me so empathetic and compassionate to the point where I really believe that we need to just open this conversation up and continue to talk about it and be willing to share these stories, because otherwise women are going to continue to feel like there’s something wrong with them and ultimately it may not be anything that can be changed or controlled, but there are foundations of health, there are ways that the body prepares an egg or sperm to be optimal, and we need to get that information out, and that’s what I mean by when you’re healthy, you don’t have to think about it.
And I, by all different definitions of conventional medicine, I was very healthy and yet I had these two experiences. Ultimately, I was fortunate to have a third opportunity and have a healthy pregnancy, but not all women are. And, a lot of women are going in the direction of either giving up or potentially seeking out care that very well may be necessary, it may also be not. It’s so individual and I would never tell a woman, no, don’t go consult with a reproductive endocrinologist or OB/GYN. I think it’s very individual. But…
Jeffrey Bland: 19:14 So interesting, like at that moment there’s a crossroads—am I going the disease management route? Is this a disease? And if it is, should I go and see a reproductive endocrinologist and talk about IVF, or is this a health issue and should I go into the health world and look at eating differently and otherwise? I think there are so many women that are caught in that crossroads right there where there’s two very clear paths. These are very different paths, and both could have success, but one is… I think… Well, what do you think? What do you think of that choice, because now you’re probably speaking to people who are on that precipice, right?
Michelle Leary-Chang: 19:53 I don’t think it has to be either/or. I think it can be an and. If a woman or two potential parents decide that they want to seek out consultation from someone who is a specialist, reproductive endocrinologist, and they want to understand what options they have from assisted conception technology. I think that that can be very empowering, to know that that is potentially an option for them, and you don’t have to feel like there’s no possibilities.
At the same time, I think that we need to think about the health of both parents, and there is so much we can do as health oriented practitioners to optimize the body, typically 90 days prior to trying to conceive, at least 90 days, in order to help support a healthy embryo. And, having those conversations in parallel, if that’s the choice of the parents… now I have a lot of patients who may have that conversation with me before they go see the reproductive endocrinologist and want my advice on, oh, do I need to do this? And, the standard recommendation is if you’re under 35 and you are, as a woman, and you have been trying for less than a year, that the recommendation is not to go in that direction yet.
However, you tell that to a 32-year-old busy woman who has, you know, all her friends are having children and she feels like, gosh, there’s something wrong with me. If she wants to go have that conversation and understand what other options, go for it. Meanwhile, let’s optimize how your body is functioning and that’s going to translate into supporting your ovaries.
James Maskell: 21:48 So, give us a few examples of what that looked like for you in your protocol and what you recommend to others. What are those sort-of, on the health side, what do you recommend?
Michelle Leary-Chang: 21:55 Yeah, so for me, I did a lot of nutrient support, something called myo-inositol was an important nutrient for me. I reduced my intake of sugar because I wanted to balance out my insulin, that was another factor. I used something called saw palmetto, which helped lower testosterone. I had a particular condition called PCOS, and that was contributing to, or it very likely was contributing to what was going on with me, and so I wanted to optimize my body to not have as many different follicles in the ovaries and to really focus on a dominant follicle that could nurture a healthy egg ultimately.
The majority of mutations, chromosomal mutations from the mother, is just at random, but there are ways that we can help, again, support the body to produce healthy DNA within that egg.
Jeffrey Bland: 23:03 Can I speak just for a second? I think you’ve really hit on a specific example that exemplifies what we’re trying to get across in Big Bold Health, and this is really kind of a seminal moment and I appreciate you kind of taking us across this threshold. So, let’s look at PCOS just for a second. Polycystic ovary syndrome, right? It’s not a disease, it’s a syndrome. And in your case, you’re a healthy fit, exercising, nutrition conscious person. The traditional woman who has PCOS would be a woman who has a reasonably elevated body mass index, so she’s a little overweight, she’s got insulin resistance, she’s got blood fats that are disturbed, she’s got inflammation, and she’s got some problems of hyperandrogenicity, of too much testosterone. So, we start looking at that kind of the way that she would look. Well, you would not think of you being that architecture, right?
But it’s individualized, and it’s unique, and it’s personalized. No one template defines the individual, and this is very important what we’re trying to get across, because we need to read ourselves and then match it against what our health aspirations are. It’s not somebody else that we’re matching against, it’s ourselves.
And I think that this is a very, very instructive moment because you then took charge—you were not a person that would fit into the standard definition of a PCOS woman, but you said, okay, you’re going to give me a name, but that really is irrelevant. What’s really relevant is I want to tune up to my maximum capability, to provide the opportunity that I’m going to have a healthy outcome in my pregnancy by doing some adjustments, right? Some tuning up.
And I think that’s what we’re trying to get… and that’s not medicalizing, that is healthizing, right? There’s a difference there as James is pointing out at that crossroads. You were healthizing, you weren’t medicalizing, right? So, I think that’s a very important lesson.
James Maskell: 25:06 If I could synthesize your career into one concept that could come from this as a big bold way of solving this problem. You talk about how functional medicine is going to make it to the underserved, and a lot of times we talked about making groups of people, and one of the things you see in pregnancy is that post-pregnancy when people have young kids, mothers now get together and you’re grouped by literally like how old your kid is, right? That’s one of the things that I saw. My wife’s friends were people whose kids were the same age. No other reason, just that they were in the same age, they were in the same Pilates-and-Me class, or otherwise.
A preconception group visit where you have a group of people working together, because I feel like there’d be so many questions that would come in that that would help everyone understand, and then to put someone in that visit who, like yourself, has come through that journey and can answer questions from the other side. I mean you happen to be a physician, but I know in that group setting, the person that’s done it is ultimately far more credible than even the doctor in that case. So that seems like that could be a good plan, right?
Michelle Leary-Chang: 26:10 I absolutely agree. I think that there are so many women who, whether they are ready to have a child now or in five years, there are foundations that we could teach in a group visit that could optimize the way that our reproductive system functions. And, I think that the majority of young reproductive age adults, focusing on women, but you know, men too, who have an interest in having children in the future, could benefit from something like that.
There are so many different ways in which we can affect positive pregnancy outcomes that are noninvasive. And, I just have to mention, I have a good colleague and friend that is a physician as well, she runs an Instagram blog called Functional Fertility and really advocates for exactly this—promotion of health and learning about your body through explaining different hormones and having women know what’s going on with their ovulation cycle. Some women don’t even know how to track their ovulation and that’s something that we could teach, easily teach. And perhaps for some women they say, no, I just want to see if it happens, and that’s fine too. It’s a very personal, personal choice.
But, for those who want to have a little bit of control, and in pregnancy there’s very little you can do, once conception happens, you know it’s really out of your control in a lot of ways. And then, once the baby’s born even more so, but there are definitely things we can do to optimize health in those preconception months to years.
James Maskell: 28:06 And is there a triggering moment where you could be like, okay, this is the moment when you should start doing it? Because like we said in a previous episode, Jeff, prevention of issues in a pregnancy doesn’t become real until you have issues in the pregnancy.
Jeffrey Bland: 28:20 Yeah.
James Maskell: 28:21 Is there a moment where you can be like, okay, everyone has to have this group visit?
Michelle Leary-Chang: 28:25 I like to recommend at least six months prior to trying to conceive. Again, it takes about 90 days to have an egg go from the time that it’s going to be chosen to the point where it’s released to be fertilized, and I think that there is a lot of opportunity during those six months to think about ways to improve health and to potentially improve pregnancy outcomes.
Now, I do want to mention, I don’t treat pregnancy. I am not a perinatal practitioner. However, I, because of my experience and because of my training in functional medicine and naturopathic medicine, I do feel like there’s a lot we can do as a preconception time period.
James Maskell: 29:16 Yeah, it’s interesting just to think, coming back to it as well, is that there’s been a medicalization, now sort of like almost like a de-medicalization, because this role traditionally probably would have been grandma in the community setting. The grandma knew how to work this kind of stuff out. So, it’s interesting to see it coming back.
Well look, I really appreciate coming to share this and be vulnerable with the story because I know, just like you said with Michelle Obama being vulnerable about it, it is helping a whole new group of women be vulnerable about it and how you sharing this here—you know, we wanted to talk about things that matter and we want to talk about what health means to people and making it really personal. And, I appreciate you sharing your own personal story, and I think this has been another great episode of the Big Bold Health Podcast. Thank you so much for being part of it.
Jeffrey Bland: 30:05 This is big and bold. Thank you so much, Michelle.
Michelle Leary-Chang: 30:05 Thank you for having me.
Jeffrey Bland: 30:08 Thank you.
James Maskell: 30:08 Thanks for being with us here for the Big Bold Health Podcast, making health personal in a world of disease. We’ve been with Dr. Michelle Leary-Chang, and also my cohost, Dr. Jeffrey Bland. Thanks so much for watching.
Subscribe everywhere you find podcasts. We’re on iTunes and Stitcher and everywhere else you download your podcast. Thanks so much for listening, and we’ll see you next time.
Get our newsletter – Immuno-News!
*These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.
WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:
THIS SITE 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 HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
Date Effective: March 2019
General
This website (the “Site”) is owned and operated by BIG BOLD HEALTH LLC(“COMPANY” “we” or “us”). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, our Shipping Policy, our Return Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from COMPANY. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.
We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
Intellectual Property Rights
Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to COMPANY from their creation. Thus, COMPANY shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as COMPANY determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to COMPANY all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that COMPANY has the right but not the obligation to use and display any postings or contributions of any kind and that COMPANY may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
Disclaimers
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized COMPANY representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Online Commerce
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that COMPANY shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Interactive Features
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
COMPANY may host message boards, chats and other private/public forums on its Sites and on other platforms. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, groups, chats or other such forums in the future. COMPANY or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by COMPANY staff, COMPANY’s outside contributors, or by users not connected with COMPANY, some of whom may employ anonymous user names. COMPANY expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates.
COMPANY has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
Registration
To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
Passwords
To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
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 SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE 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 SITE 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 & WELLNESS ON THE SITE:
THIS SITE 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 HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
Termination
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Refund Policy
Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. COMPANY’s Copyright Agent for notice shall be annettegiarde@pro.bigboldhealth.com.
Assignment
This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of COMPANY Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to any affiliated entity or any of its wholly owned subsidiaries.
Dispute Resolution
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington and any dispute shall be subject to binding arbitration in Bainbridge Island, Washington. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Class Action Waiver
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
Severability
If any clause within these Terms of Service (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from these Terms of Service, and the remainder of these Terms of Service will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
Effective Date: March 2019
The following Privacy Policy governs the online information collection practices of BIG BOLD HEALTH LLC (“COMPANY,” “we” or “us”). Specifically, it outlines the types of information that we gather about you while you are using the www.bigboldhealth.com website (the “Site”), and the ways in which we use this information. This Privacy Policy, including our children’s privacy statement, does not apply to any information you may provide to us or that we may collect offline and/or through other means (for example, at a live event, via telephone, or through the mail).
Please read this Privacy Policy carefully. By visiting and using the Site, you agree that your use of our Site, and any dispute over privacy, is governed by this Privacy Policy. Because the Web is an evolving medium, we may need to change our Privacy Policy at some point in the future, in which case we’ll post the changes to this Privacy Policy on this website and update the Effective Date of the policy to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Privacy Policy as modified.
How We Collect and Use Information
We may collect and store personal or other information that you voluntarily supply to us online while using the Site (e.g., while on the Site or in responding via email to a feature provided on the Site). The Site only contacts individuals who specifically request that we do so or in the event that they have signed up to receive our messaging, attended one of our events, or have purchased one of our products. The Site collects personally identifying information from our users during online registration and online purchasing. Generally, this information includes name and e-mail address for registration or opt-in purposes and name, postal address, and credit card information when registering for our events or purchasing our products. All of this information is provided to us by you.
We also collect and store information that is generated automatically as you navigate online through the Site. For example, we may collect information about your computer’s connection to the Internet, which allows us, among other things, to improve the delivery of our web pages to you and to measure traffic on the Site. We also may use a standard feature found in browser software called a “cookie” to enhance your experience with the Site. Cookies are small files that your web browser places on your hard drive for record-keeping purposes. By showing how and when visitors use the Site, cookies help us deliver advertisements, identify how many unique users visit us, and track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Site where you may have entered preference information before. The Site also may use web beacons (single-pixel graphic files also known as “transparent GIFs”) to access cookies and to count users who visit the Site or open HTML-formatted email messages.
We use the information we collect from you while you are using the Site in a variety of ways, including using the information to customize features; advertising that appear on the Site; and, making other offers available to you via email, direct mail or otherwise. We also may provide your information to third parties, such as service providers, contractors and third-party publishers and advertisers for a variety of purposes. Unless you inform us in accordance with the process described below, we reserve the right to use, and to disclose to third parties, all of the information collected from and about you while you are using the Site in any way and for any purpose, such as to enable us or a third party to provide you with information about products and services. If you do not wish your information to be used for these purposes, you must send a letter to the Online Privacy Coordinator whose address is listed at the end of this Privacy Policy requesting to be taken off any lists of information that may be used for these purposes or that may be given or sold to third-parties.
Please keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online – for example on message boards, web logs, through email, or in chat areas – that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.
Some of our third-party advertisers and ad servers that place and present advertising on the Site also may collect information from you via cookies, web beacons or similar technologies. These third-party advertisers and ad servers may use the information they collect to help present their advertisements, to help measure and research the advertisements’ effectiveness, or for other purposes. The use and collection of your information by these third-party advertisers and ad servers is governed by the relevant third-party’s privacy policy and is not covered by our Privacy Policy. Indeed, the privacy policies of these third-party advertisers and ad servers may be different from ours. If you have any concerns about a third party’s use of cookies or web beacons or use of your information, you should visit that party’s website and review its privacy policy.
The Site also includes links to other websites and provides access to products and services offered by third parties, whose privacy policies we do not control. When you access another website or purchase third-party products or services through the Site, use of any information you provide is governed by the privacy policy of the operator of the site you are visiting or the provider of such products or services.
We may also make some content, products and services available through our Site or by emailing messages to you through cooperative relationships with third-party providers, where the brands of our provider partner appear on the Site in connection with such content, products and/or services. We may share with our provider partner any information you provide, or that is collected, in the course of visiting any pages that are made available in cooperation with our provider partner. In some cases, the provider partner may collect information from you directly, in which cases the privacy policy of our provider partner may apply to the provider partner’s use of your information. The privacy policy of our provider partners may differ from ours. If you have any questions regarding the privacy policy of one of our provider partners, you should contact the provider partner directly for more information.
Be aware that we may occasionally release information about our visitors when release is appropriate to comply with law or to protect the rights, property or safety of users of the Site or the public.
Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we sell some or all of our assets, or one or more of our websites is acquired by another company, information about our users may be among the transferred assets.
Google Analytics
We also use Google Analytics Advertiser Features to optimize our business. Advertiser features include:
By enabling these Google Analytics Display features, we are required to notify our visitors by disclosing the use of these features and that we and third-party vendors use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to gather data about your activities on our Site. Among other uses, this allows us to contact you if you begin to fill out our check-out form but abandon it before completion with an email reminding you to complete your order. The “Remarketing” feature allows us to reach people who previously visited our Site, and match the right audience with the right advertising message.
You can opt out of Google’s use of cookies by visiting Google’s ad settings and/or you may opt out of a third-party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page.
As advertisers on Facebook and through our Facebook page, we, (not Facebook) may collect content or information from a Facebook user and such information may be used in the same manner specified in this Privacy Policy. You consent to our collection of such information.
We abide by Facebook’s Data Use Restrictions.
General Data Privacy Regulation (GDPR)
The GDPR took effect on May 25, 2018, and is intended to protect the data of European Union (EU) citizens.
As a company that markets its site, content, products and/or services online we do not specifically target our marketing to the EU or conduct business in or to the EU in any meaningful way. If the data that you provide to us in the course of your use of our site, content, products and/or services is governed by GDPR, we will abide by the relevant portions of the Regulation.
If you are a resident of the European Economic Area (EEA), or are accessing this site from within the EEA, you may have the right to request: access to, correction of, deletion of; portability of; and restriction or objection to processing, of your personal data, from us. This includes the “right to be forgotten.”
To make any of these requests, please contact our GDPR contact at annettegiarde@pro.bigboldhealth.com
Children’s Privacy Statement
This children’s privacy statement explains our practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information regarding their rights under federal law with respect to such information.
The HIPAA Privacy Rule
The US Department of Health and Human Services provides: “The HIPAA Privacy Rule establishes national standards to protect individuals’ medical records and other personal health information and applies to health plans, health care clearinghouses, and those health care providers that conduct certain health care transactions electronically. The Rule requires appropriate safeguards to protect the privacy of personal health information, and sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization. The Rule also gives patients rights over their health information, including rights to examine and obtain a copy of their health records, and to request corrections.”
You acknowledge that our operation of the Site does not constitute the practice of medicine, and specifically does not create a doctor-patient relationship between you and Dr. Jeffrey Bland, PhD (the “Doctor”). The information provided on the Site is for educational purposes only.
Notwithstanding the fact that the Site does not create a doctor-patient relationship between you and DOCTOR, our preservation of your personal health information shall be HIPAA compliant.
For purposes of this Privacy Policy, “patients” are those individuals who have secured the in-person services DOCTOR. If you are a patient of DOCTOR, you will be provided with a copy of DOCTOR’s HIPAA Privacy Statement, which governs the information collection practices of patients’ personal information by DOCTOR.
How do we store your information?
Your information is stored at the list server that delivers the Site content and messaging. Your information can only be accessed by those who help manage those lists in order to deliver e-mail to those who would like to receive the Site material.
All of the messaging or emails that are sent to you by the Site include an unsubscribe link in them. You can remove yourself at any time from our mailing list by clicking on the unsubscribe link that can be found in every communicaiton that we send you.
Changes to this Policy
This policy may be changed at any time at our discretion. If we should update this policy, we will post the updates to this page on our Website.
Questions About this Policy
If you have any questions or concerns regarding our privacy policy please direct them to: