We all live in a world of disease. Think of all of the resources that disease—as an industry—consumes every day, every week, every month, every year. Billions of dollars. An impossibly huge real estate footprint. Affiliated networks that many people have come to view with fear, suspicion, and even anger—Big Pharma, “health” insurance, government oversight agencies. In the middle of all this, each of us stands alone as an individual. How do you navigate the system, yet still chart your own course?
James Maskell: 00:00 Hello, and welcome to the very first episode of the Big Bold Health Podcast, making health personal in a world of disease. I am here with my co-host, Dr. Jeffrey Bland. He is a nutritional biochemist, known to some as the godfather of functional medicine and a protege of Dr. Linus Pauling, who is the only man to win Nobel Prize in two different categories. Dr. Bland, we are here for the Big Bold Health Podcast, what’s the point in all of this? What are we doing here?
Jeffrey Bland: 00:36 Well, thank you James. First of all, I want to thank you. I think ability to team up with you and exploring this extraordinarily important topic, which is what is health and how do we allow it to be manifest in every human being that desires to be healthy—is not only a worthwhile aspiration, but something that for the last four decades I’ve been very excited about doing. And to do it with someone of your background and enthusiasm is going to make this evermore successful in its penetration and its applicability. So, thank you. What I would say about this question of what is health, is that we have to go back and look at the history of how our healthcare system has really evolved, which is really as a disease care system, as we know. And in fact, as I looked at my own training, and that of my colleagues, and virtually every health care professional, educator, researcher that’s gone through training, the way that we’re taught about health is it’s the absence of disease.
Jeffrey Bland: 01:33 Now, what does that really mean? It means that health is subordinate to or secondary to that of disease. The disease is the primary thing that’s the attractor. The second system is that below it, the diminutive is health and therefore everything is disease focused. Disease focus for reimbursement, for coding, for fear based patient worries because no one wants a disease. And so, this whole mentality, which we say health is the absence of disease, is really disease owned. So a second party or a stepchild is health. And then I said, why is that? The reason it is, is that we haven’t de-docked health from the disease discussion. And this podcast is going to do that. We’re going to say no, hold on just a minute, let’s go back to 1946. The World Health Organization, which they tried to define health as being more than the absence of disease, but the presence of full function of your physical, emotional, mental, and metabolic or physiological capabilities.
Jeffrey Bland: 02:43 Now, that particular definition was criticized for some period of time because people thought it was too aspirational, and it didn’t have enough granularity to it to be really executed upon. So it’s been modified slightly over the decades to now be said that really health is defined as the capacity that people have to adapt to change, so that it allows them to maintain through the course of living their full function. Now that is a really interesting definition of health. It’s very different than the absence of disease, and it’s that definition that we really want to explore in the Big Bold Health Podcast because it takes us into 21st century understanding of what is function.
Jeffrey Bland: 03:27 And, it allows us to start to define in a metrizable or quantitative way how we can actually measure health just like we measure disease. And wouldn’t it be nice if we had an equal table set where both disease was at that table and health was at that table with their own body of knowledge, their own ways of assessing their outcome, and their own treatment modalities that would really deliver health at the same level of professionality as is delivered personalized disease treatment? And that’s where we’re going. We are going to birth the generation of personalized health using this new model of comprehensive personalized assessment.
James Maskell: 04:10 So if the world’s been hip to this since 1946, why is it necessary for it to be big and bold right now?
Jeffrey Bland: 04:19 Well, I think what happened since 1946, is this concept got shoved over into what I call the public health system. And the public health system is a very great system. It’s like Pap smears, and immunizations, and wear your seat belts, and new cholesterol screening, and low salt diets, and things that make general sense, but they’re not personalized to the individual. And what I’ve come to recognize, and I’m sure you do as well, in fact, I would say anybody watching this podcast probably recognizes that health is very intimate. It’s very personal. It’s one person at a time. Group health doesn’t occur as a consequence of the group. Group health occurs as a consequence of each individual in the group making some decision about how they’re going to manage their function throughout the course of their living.
Jeffrey Bland: 05:08 And so what’s happened to this aspiration that was expressed in the 1946 World Health Organization definition of health was it got relegated over into community health, into public health. And we can see how effective that is in certain areas. It really doesn’t deliver the goods to the individual. Now in certain places, I’d have to say, I don’t want to throw the baby out with the bathwater or throw anybody under the bus, public health has been advantageous. Look at smoking cessation, that was really an effort around a public good, which is to try to reduce or eliminate smoking.
Jeffrey Bland: 05:41 But, if we look at the granularity of how a person actually advocates for their own health, it’s not directly tied to community health. It’s tied to their own individual state of function, which is tied to what? The genes that they were born with, their book of life, which is unique, never been formed ever and never will again, our unique book of life and how our book of life interacts with our unique lifestyle and environment. That’s a new model of 21st century healthcare that’s different than public health or community health. It’s precision personal health, and that’s what we’re going to be talking about.
James Maskell: 06:15 Yeah, one of the things that stands out to me about that conversation is that in this world of functional medicine that I’ve been working in as well for the last 15 years. I see that one of the things that has to happen at the beginning of these conversations, is the practitioner has to kind of get from the person going through the process, what’s your purpose for being healthy? Why are we here? What are you doing? There’s a shift from sort of an external focus where the doctor had the solutions and he was bestowing those solutions on to the patient. Whereas now it’s a much more participatory story. And ultimately, if you’re going to bring out a participatory story, let’s go directly to the participants.
Jeffrey Bland: 06:55 Oh boy. You’ve just said right there the golden pot at the end of the rainbow. I think that that is such an insightful comment, because when I first started in my training, which would have been the ’60s, hard to even say that now, but it’s true, in the middle to late sixties, the concept was, in essence, I’m kind of saying this in a dramatic way to make the point, that patients came as victims to the seat of practitioners who were rescuers. So, the psychology of medicine was a rescue-the-victim space. Victims came on bended knees asking for the divination from a practitioner who was the provider omniscient about disease care, that would then write in allegeable bit of writing on a piece of paper called a script and send them to the pharmacy to get it filled.
Jeffrey Bland: 07:50 The patient would genuflect and feel very pleased that they got this universal knowledge as they backed out of the examining room, thinking the solution to their problem has now been given to them, bequeathed by the knowledge-holder of all good. Only to find out later in many cases, not all cases, that this is a disillusioned sense of confidence. They didn’t get better, their conditions to continue to progress, and it led to what we see now in our society: a variety of people who feel that they’re lifelong victims and they have dossiers of medical histories that are quite thick and they’ve not found solutions, and they’re very disillusioned, and they’re looking for some other kind of answers. And, the answers they’re going to find will not come from the disease care system. Let me say it again. The answers that will find the solution to their problem will not come through the disease care system.
Jeffrey Bland: 08:41 The disease care system is really good at what it does and that is to treat, in a hospital-based model, a terminal illness or very serious illness. It’s good at that. It is really not rooted in an understanding of how to manage chronic problems that are related to dysfunction and chronic health problems. We’re asking something of the disease care system that’s not realistic when we expect that we would go and they would be able to answer that question, because that’s not what they’re trained to do. Disease care is trained to treat disease. Unfortunately, we put healthcare under disease, and that’s become the problem. So now we say, how does that person then find a solution? Let me give an example. This is a little abstract, the way I’ve been describing it. Now I’ll give a tangible example.
Jeffrey Bland: 09:25 Just today, I got a text from one of my close associates about an example of what we would consider a highly successful midlife gentleman in his fifties, actually in the disease health care system, very successful, who had come down with a condition that we call type two diabetes. So, he’s given a name of a disease. There are 14 different drugs that had been approved to treat that disease. He’s been treated with the standard of care with four of those drugs, as if those drugs would treat his disease, he has not gotten better. And in fact, those drugs actually made him feel worse. But, his numbers continue to be bad and he continues to progress towards what will ultimately be a much more serious problem, which will be a nephropathy, a neurological problem, an ocular problem, a cardiovascular problem, something that could be a very serious disease, that then the hospital will be there to rescue him. So what do we do before that?
Jeffrey Bland: 10:26 Well, obviously the standard of care trying to provide a drug to treat a functional condition has not been working for him—four drugs have not worked. So, he gets into a program that’s involved with what we’re going to be talking about: a big bold health advocacy program, personalizing his care based upon lifestyle intervention, diet intervention, and things that will allow him to be in charge of his own health. Not a victim, but a participant in his health. Now what’s happened? What’s happened in four short months, I just got an email saying that his measurement of his diabetes, which was very, very high, has gone down, and his medications have been completely eliminated, and he is now free of what was considered diabetes. He’s in complete control of his health. That’s a healthcare system.
James Maskell: 11:12 That is a healthcare system. And, you would expect that these results happening over a significant amount of time would have permeated everything a little bit more quickly. But I think what you said that was really clear is that there’s this sort-of architecture that has been created for disease care that is ultimately at odds with the architecture of this new emergence of health creation. What are some of the sort-of roadblocks that have stopped this moving a lot more quickly?
Jeffrey Bland: 11:42 Well, I think the biggest roadblock of all is that of the way that we’ve been educated, because we’ve been educated to assume that the diagnosis and treatment of the disease will give the person the health that they’re looking for. So, we have developed a whole self-consistent philosophy about the provider in absentia to the patient’s engagement being in charge of their disease, not in charge of their health. Assuming that if by the standards of what they have been trained, which is a disease that has standards that they deal with those appropriately, that the patient will go home, and their health will improve, and they never checked back. I mean, there is no mechanism within the system, actually built in, that looks at outcome variables, that’s actually asked the question, you as a patient, how satisfied were you? Did you really feel like your health improved or did just your numbers improve? Or did just the doctor say that your risk to a disease was improved?
Jeffrey Bland: 12:44 And so, I think this process by which we’re going to be giving back control to the patient, to the individual for their health and redefining what health means is extraordinarily important step forward. And that’s why people will say, well, why is this big and bold? It just seems so obvious. It’s big and bold because we have knowing this silently for some years, but never had a system upon which it can be operated or delivered. And secondly, we’ve always felt apologetic bringing it up saying, oh, please think about health when you’re thinking about disease. Won’t you be so kind to really consider health? And we’re saying, no, we’re not going to go silently in the night in hope that we get someone to pick this up. We’re going to say it is time, the technology is there. We can quantify health as well as we can quantify disease, and we’re going to put the control of this in the hands of individuals to manage their own personalized health.
James Maskell: 13:39 I heard a rumor that when you were trying to think about who the co-host was, you said to your team, you said, “Get me the biggest, boldest guy you can find.” And here we are. Why are we doing this together? Why am I here?
Jeffrey Bland: 13:51 Well, I think that there’s many, many reasons. First of all, I think you’re a very sharp thinker. I think you’ve got yourself in the right place to open your ideas, open to new concepts and not be wedded in that, which I was trained in the ’60s. Third, I think that you are a very good communicator and you have a wide reach of different voices that you’re listening to and you’re assembling. And then lastly, I think that you have a strong advocacy. And I believe at this point in my life, at 73 years of age, it’s time to be polite and courteous, but also to have extraordinary advocacy.
Jeffrey Bland: 14:27 I say it’s a time to take no prisoners, because people really need to know what we know and they need to be able to implement it in their lives. They need to not feel victims. They need to be in charge. They need to recognize that the locus of control resides in places out there that they can find services to help them be the master of their own destiny, not just feel that they’ve got to be rescued for something they know nothing about. That to me is the kind of energy that you bring, that I’d like to say at this phase in my career, in my life, that I want to bring. And, I want to be less apologetic, and more direct, and maybe a little bit edgy about this, because my patience grows thin. I have grandchildren coming up—I want them to be in a world in which they’re in charge of their health. They’re not feeling a victim of somebody else’s agenda.
James Maskell: 15:13 I knew my impatience would be a virtue at some point in my life and I’m glad that it’s been recognized. Well, one of the things that we’re going to do throughout the Big Bold Health Podcast and on the Big Bold Health website is ask people what does health mean to them? So, maybe we can finish this episode, the first episode that we do just by sharing what it means as a 73- year-old man living in America today. What does health mean to you?
Jeffrey Bland: 15:35 Yeah, I think that’s a really, really good question. And, I think it’s a very personal question. As I’ve often said, health is one of the most personal, intimate things that we ever have to deal with in our lives. It’s not somebody else’s problem. It’s our own individual definition. So, the way I would define health at 73 in the same body that was at one time 25, would be different than at when I was 25. At 25, my hope is that I would be healthy enough and functional enough that I could start a career, I could give my children and family a reasonable quality of life, that I could start learning how to be a professional in my chosen discipline, that I could engage in all sorts of competitive athletics that I was involved in back then, including basketball, and skiing, and running, and marathoning, and so forth.
Jeffrey Bland: 16:27 Those are all extraordinarily important parts of my definition of health. Many of those I would say, still are part of my distant memories and I would still aspire, but I’m not going to run marathons like I did at 25, I’m not going to be skiing like I did at 25, I’m not even trying to build a career. I’ve already built a career. I’ve already seen my family grow up and now I have grandchildren.
Jeffrey Bland: 16:47 So for me, it’s maintaining high function so that I get up in the morning feeling alive and well and capable of bringing the wisdom of my years of experience to help others. It’s not having infirmities that prevent me from taking hikes with my grandchildren as I did recently, where we did a five-day backpack in the Cascade mountain. So, those are the things that for me define health, but they’re different in terms of priorities than they were for me when I was 25. So, I think we have to recognize personalized health has to do with quantifying the four functional categories that we all really fall under.
Jeffrey Bland: 17:24 And those four functional categories we’ll will be discussing in some length in the future issues of our podcast, are physical functioning, metabolic or physiological functioning—that’s number two. Number three is cognitive functioning, being able to think clearly, accurately, have our memory intact, be able to handle complex ideas, knowing our lives are very at times filled with many different things we have to do, we call it multitasking. And then the fourth is our behavioral or psychological functioning. All four of those are ways that we can define our function and we can qualify and quantify how we’re doing in each of those categories, and we can work in practice to get better in each one of them.
Jeffrey Bland: 18:08 But we may—James Maskell, may find that one of those categories for you is more important than, Jeff Bland has another category. So, how do we personalize so that our aspirations of what we consider to be health are realized by our functional performance? And that’s what we’re going to be talking about in the Big Bold Health Podcast. It’s a very, very different model than, oh, we’re going to try to prevent a disease and oh, we’re so worried about our risks that we got from our genetic testing that said we might get X or Y or Z as we get older, because all of those are avoidable if we improve our function.
James Maskell: 18:43 Absolutely. Yeah, I reflect on that for myself as a 38-year-old man with a family, in the middle to early section of my career, and I think for me, health is being able to be on mission and do what I’m here to do. I certainly resonate strongly with that. Have a young family and so being able to participate in a way that is good for them and good for me and good for my ongoing health and vitality. But, more than anything, I’m glad to bring this conversation to a wider audience, because I feel like it is so obvious to people who live in this world and more and more people are being drawn to live in this world by the state of disease care that we live in, that is clearly dysfunctional, it’s clearly really not working.
James Maskell: 19:35 Whether it’s where I grew up in the UK or the US, my father lives in South Africa. Very different health issues, but actually all the same health issue, is that by focusing on disease care and not focusing on health, we are leading to this epidemic of chronic disease that is bankrupting the health systems and the companies and the people within all these different systems. So, there is an urgency for this shift and that’s why I’m excited to participate.
Jeffrey Bland: 20:03 Yeah, I think that you said something there again, that really merits reinforcement and emphasis. When we watch media and advertising about the state of our healthcare system, this could be electronic media or print media. What do we often see? We see these major advances that are occurring within say things like cancer therapy, which are extraordinary. Like the PD-1 inhibitors now and the things that we’re seeing that unblocked the immune system and allow people to recover from cancers that were previously very, were life threatening of which we had no really good treatment, things like melanoma for instance, or certain forms of lung cancer. And, we’ve seen huge numbers of advertisements for these drugs, which by the way, are very expensive in the hundreds of thousands of dollars. But, they’re lifesaving drugs in people that respond favorably. This is wonderful. I celebrate these advances, but if we actually ask the numbers of people that are affected by these advances relative to the people that have chronic illness, and have lost their health, it pales in comparison to those numbers.
Jeffrey Bland: 21:07 I mean, we’re talking about a very small number of people, and we put so much resources into that, and so much energy and emphasis, and we’re so excited about it. But, how about for the literally millions and millions of people that every day they wake up not well, they wake up with the feelings of not being healthy? They don’t wake up seeking a cancer treatment, they wake up wondering why is it that they’re not healthy, what is stealing their function? And, it’s often said to them if they go to a practitioner, well, you’re getting older. It’s way, way more than getting older. And, these are the things that we’re going to be talking about. How do we redefine health in the personalization of that individual so that their aspiration to wake up and do what they want to do is fully available? That’s the Big Bold Health Podcast.
James Maskell: 21:54 Well, I am thrilled to be here. I’m super excited for everyone who is watching and listening wherever you are in the world. What a great time in humanity that this information can go literally anywhere, a billion people could listen to it at no extra cost at this exact moment where it’s needed, is the exact moment where it’s arriving, and we’re thrilled to be on the journey. So, this is the Big Bold Health Podcast, we’ve been talking about what is health. In the next episode we’re going to be talking about what is disease. But for myself, James Maskell, and my co-host, Dr. Jeffrey Bland, thanks so much for tuning in and we’ll see you next time.
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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: