TERMS OF SERVICE
Effective Date: June 26, 2023
This Terms of Service (the “Agreement”) is between You, the user and client, and Functional Fueling Nutrition, LLC (“Functional Fueling”).
1 - DESCRIPTION OF SERVICES: The Functional Fueling brand is a virtual nutrition practice offering lab testing, individualized nutrition, and supplement protocols for patient care, in addition to an online membership program (“Membership”), which includes member’s-only digital platforms and content, a website and related third-party sites (the “Sites”), podcast, social media platforms, mobile applications, and other distribution platforms (collectively, the “Services”) operated by Functional Fueling.
These Terms of Service are applicable to all users of Functional Fueling through its “Website” https://www.FunctionalFueling.com/ and related domains, sub domains, and mobile and desktop applications (individually and collectively the “Sites”). These Terms govern your use of and interaction with the Services, Sites (including all functionalities, features, streaming services, audio, visual, written media, downloaded content from the Sites), web links and user interfaces, and all content and software associated with the Services as provided by Functional Fueling.
2 - ACCEPTANCE OF TERMS: The Sites are offered to You conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sites and Services, as defined below, constitutes your agreement to all such of these terms, conditions, and notices. Functional Fueling has the right, at its sole discretion, to modify, add, or remove any terms or conditions without notice or liability to You. Any changes shall be effective immediately. You may see the most recent changes and version of this Agreement as noted by the date at the top. You agree to review these changes from time to time and agree that any subsequent use by You of the Sites and Services following the changes shall constitute your acceptance of such change. The Services provided by the Sites are made available for your personal, non-commercial use only.
3 – DESCRIPTION AND USE OF THE PRODUCTS AND SERVICES:
You understand and are aware that the purpose of the Services are to improve your overall health, and well-being through education, food, exercise, and non-medical nutritional supplements. You agree that the Services which You chose to participate in with Functional Fueling are undertaken of your volition and that You are ultimately responsible for your health.
Functional Fueling offers:
Virtual individual nutrition consulting.
The Athenian Way, a group coaching container (the “Membership”).
Functional Foundations course (the “Course”).
Other programs and offerings as determined by Functional Fueling, made available through the Sites.
MEMBERSHIP: The Membership is a monthly subscription community that serves a library of resources and education (such as: recipes, cheat sheets, supplement protocols, education, and a workout program), as well as a private interactive community group. Enrollment into the Membership may be purchased on the Site and accessed via various third-party platforms, including Thinkific.
COURSE: The Course provides functional nutrition and lifestyle education for women to learn deeper about their hormones and nutrition, and the lifestyle factors that impact them. The Course is offered via e-books. Enrollment in the Course also gives You the opportunity to join a private community board. You may access the course via on-demand via instant download.
Supplement Protocols: A “Supplement Protocol” may be included as part of the Services. The Service guides You how to utilize the Supplement Protocol in conjunction with nutrition and lifestyle optimization. As with all health and wellness related issues, Functional Fueling encourages You to discuss all vitamins and supplements that You consume with your doctor.
Private Community: Access to a private community may be included as part of the Services, which will provide You support and guidance with other Functional Fueling clients. Note that no personal health information is shared between Functional Fueling and clients in the community, and that if You chose to disclose personal health information, that You are doing so on your own volition.
Live Calls: Live calls may be included as part of the Services. These calls will be recorded and also saved to your Account where You may access them if You missed the live, or simply want to watch on replay.
REGISTRATION INFORMATION: The Sites and Services are not directed at children under eighteen years of age. By providing information about yourself to Functional Fueling You are representing that You are eighteen years of age or older.
You also agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the registration form available on our Sites and especially when creating your Account, as defined below; and (2) maintain and promptly update your Account information to keep it true, accurate, current, and complete.
If You provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Functional Fueling reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.
4 – PURCHASING, PAYMENTS: If you elect to access any component of the Sites and/or Services for which there is a fee, You agree to pay all fees and charges associated with such Service, via your Account, as defined below, on a timely basis. You agree that You are financially willing and able to invest the cost of the Services, and that by so doing, You are not incurring any economic hardship in any way.
All purchases are paid in full at the time of purchase or enrollment. All fees and charges (including any taxes and late fees, as applicable) will be charged to your credit card on file, as further described below. As some Services require auto-billing for continued monthly access, You agree to maintain valid credit card information as part of your Account information when applicable.
TYPES OF PURCHASES: The Service may allow You to access digital content such as the Course instantly and on-demand; and other content, such as the Membership on a subscription, auto-bill basis. Receipts are sent to the email address on file once the charge is successful.
By making a purchase, You expressly agree that Functional Fueling is authorized to charge your selected purchase on the payment method You designate. You can update this information at any time by logging into your Account, as further described below.
ACCOUNT: Upon your first purchase of Consulting Services, Vitamins, Our Membership or Course, You will be prompted to create an account (the “Account”) with Functional Fueling via their education portal on Thinkific, Fullscript or Practice Better. Your Account is protected via password and where You will purchase and book certain Services, access certain purchased products, and securely store credit card information.
Your Membership will continue in effect unless and until You cancel it, as described below, or Functional Fueling terminates it. You must cancel your Membership according to the terms of this Agreement, and prior to the next billing cycle, to avoid further billing.
PAYMENT PROCESSOR: Payments made on the Sites are processed by the third-party payment processor Stripe via integration into the Sites. You may choose to a store credit card on file within your Stripe account for: (1) incidental charges relating to your use of the Sites, (2) ease of transaction, and/or (3) for enrollment in the Membership which does require a credit card on file to enroll and maintain monthly enrollment. In such event that an incidental charge needs to be made, the cardholder and account holder gives permission to Functional Fueling to charge the card on file for purchases made through the Site. Additionally, the cardholder and account holder may give permission to Functional Fueling to charge the card for auto-debit memberships.
AUTO-DEBIT: By enrolling in an auto-debit contract via joining the Membership, You authorize Functional Fueling to, on a recurring basis - on the same of the day of each month of the membership, automatically charge the debit or credit card account You specified, for the auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) Functional Fueling will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on the billing invoice and/or in connection with cancellation fees per the cancellation policy. Functional Fueling may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) it is your responsibility to keep a current card on file with accurate billing information. Functional Fueling cannot be held responsible for errors in processing due to expired or inaccurate information.
5 – PURCHASING: REFUNDS, CANCELLATION POLICY:
Refund Policy: It is Functional Fueling’s intention for You to be happy with your participation and education in the Services. Due to the extensive time, effort, preparation, and care that goes into creating and/ providing the Services, all sales are final, and no refunds will be provided.
Unless otherwise provided by law, You acknowledge that all sales are final and Functional Fueling does not offer refunds for any portion of your payment for any of the Services at any time, unless explicitly indicated otherwise at the time of purchase. By agreeing to the terms of this Agreement, You agree that You will not issue a chargeback for any payment made as you are fully aware of this Refund Policy and voluntarily consenting to it.
Should You attempt to issue a chargeback with your credit card company, this Agreement will automatically terminate upon such attempt, regardless of whether the attempt is successful or not and You will lose all access to ALL materials purchased from Functional Fueling, including ALL previous Services which You may have previously purchased such as access to your Account and Membership content. You will remain contractually responsible for payment of Services in full.
FUNCTIONAL FUELING MEMBERSHIP CANCELLATION: If You are enrolled in the Membership and chose to cancel, You must cancel your through your Account, prior to the next month’s billing date, which is the same calendar day as your original date of purchase. When You cancel prior to the next billing date, You still maintain access to the paid Services through the end of your billing cycle.
If You do not cancel prior to your billing date You will be automatically billed, with no refund, for the subsequent billing cycle. You will continue to have access to the Membership and materials until your next billing date, at which point your subscription will be considered cancelled and You will not be billed further.
6 – ACCESS AND DELIVERY OF PRODUCTS AND SERVICES: After making a purchase from Functional Fueling, You will be able to access the corresponding materials through your Account. You will find materials such as digital downloads pre-loaded into your Account, as well as information to attend live discussions.
Limited License For Use of The Services: Functional Fueling grants you a non-exclusive, non-transferrable, personal, non-sublicensable, limited right and license to access and use the Sites and Services, including viewing the content, engaging in the community, and accessing the materials based upon the purchase or membership selected by You or attend the event/workshop you purchased, for non-commercial purposes only.
7 - USER INFORMATION; PASSWORD AND SECURITY: You are solely responsible for the information You input or upload to the Sites and Services (especially through the private community board) and represent and warrant that You have the right and authorization to register for the Sites and Services. Functional Fueling reserves the right in its sole discretion to decide whether the information You input or upload to shared and/or public forums and discussions is appropriate and complies with the terms of this Agreement, other Functional Fueling policies, and applicable laws and regulations.
If You register for the Sites and Services, You will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate and will be kept up to date.
PASSWORD PROTECTION; NO SHARING OF ACCOUNT INFORMATION: To access certain features of the Sites, such as access to the Services and your Account, You will need a username and password. You agree to keep this information confidential and not share it with anyone else.
If Functional Fueling has reasonable grounds to suspect that You (1) have shared your username and password with anyone else, (2) used the materials and Services in a way contrary to what is intended and/or agreed upon; and/or (3) shared, disseminated, provided access to, forwarded, or in any other way made known to a non-purchasing user copyrighted materials such as video recordings, digital downloads, workbooks, or any other protected content, this will be considered a material breach of this Agreement and your access. Functional Fueling will automatically terminate Your account, and refuse all current or future use of the Sites, without refund.
Excessive usage of the Sites will be assumed by Functional Fueling to be fraudulent use, and your Account will be immediately canceled without a refund.
10 - LINKS TO THIRD PARTY WEBSITES: The Sites contain links to other websites (the “Linked Sites”). The Linked Sites are not under the control of Functional Fueling, and Functional Fueling is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Functional Fueling is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Functional Fueling of the site or any association with its operators.
11 - USER CONDUT: As a condition of your use of the Sites, you warrant to Functional Fueling that You will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Services may be used only for lawful purposes relating to streaming and related materials. Functional Fueling specifically prohibits any use of the Services, and all users agree not to use the Services, for any purposes other than designated by the Functional Fueling.
CODE OF CONDUCT: Functional Fueling is committed to providing an environment that is free from disrespectful and offensive behavior, and that is safe space for all individuals, especially on the community board. Accordingly, harassment, inappropriate, or discriminatory behavior by clients, and/or continued disruptive or incendiary behavior, as determined in the sole discretion of Functional Fueling, will not be tolerated. Functional Fueling has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of a training relationship without refund to any client engaging in unacceptable behavior.
NO UNLAWFUL OR PROHIBITED USE: You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not send automated queries of any sort to the Sites without express permission in advance from Functional Fueling. Similarly, You are not allowed to copy, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of, or modify the Sites in any manner.
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data or (f) the use of robots to skew payouts..
Violations of system or network security or inappropriate conduct may result in civil or criminal liability. Functional Fueling will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement entities in prosecuting users who are involved in such violations.
12 - INTELLECTUAL PROPERTY: The Services are the sole and exclusive property of Functional Fueling and are protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries. This includes ALL aspects of the Services such as videos, e-books, recipes, supplement protocols, educational worksheets, and any other material provided as part of the Service.
COPYRIGHTED CONSENT: Functional Fueling retains all ownership and intellectual property rights to the Services content and materials provided to You through the Sites and otherwise, including all copyrights and any trademarks belonging to Functional Fueling and related entities. The Services content and materials are being provided to You for your individual use only and with a single-user license; this means that You are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the materials, electronically or otherwise, for ANY use use, and especially not in a business, commercial, or any other way that earns You money, without the prior written permission of Functional Fueling.
Furthermore, by signing this Agreement You agree to the above terms and understand that Functional Fueling’s materials are protected by the United States Intellectual Property laws, including the Copyright Act of 1976. You understand and agree that violating the terms of this Agreement as described above may subject You to legal action and that Functional Fueling will fully pursue all remedies at law against You which it is entitled.
TRADEMARKS, NAMES, LOGOS: All trademarks, names, and logos used on the Sites or delivered via the Services are either owned by Functional Fueling or a use right has been granted to Functional Fueling. Your use of the Services and Sites does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in the Sites. No license is expressly impliedly granted within or because of your use of the Sites or Services. Without the prior permission of Functional Fueling, except in the utilization of our widgets or mobile applications, You agree not to display or use in any manner, any of the trademarks, names, and logo featured on the Sites for which you do not have personal rights.
MATERIALS PROVIDED TO FUNCTIONAL FUELING OR POSTED ON THE SITES: Functional Fueling does not claim ownership of the materials You provide to Functional Fueling (including feedback, comments, and suggestions) or post, upload, input or submit to the Sites or its associated services or contribute to group channels (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission You are granting Functional Fueling permission to use your Submission in connection with the operation of their business including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Functional Fueling is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the sole discretion of Functional Fueling.
By posting, uploading, inputting, providing, or submitting your Submission You warrant and represent that You own or otherwise control all the rights to your Submission as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submissions.
13 –Release of Claims, DISCLAIMER, ASSUMPTION OF RISK:
RELEASE: You expressly agree to release and discharge Functional Fueling and each of its respective parents, subsidiaries, related and affiliated companies, licensees, sponsors, successors, assigns and the directors, officers, employees, agents contractors, partners, shareholders, representatives and members of the foregoing entities or other persons affiliated with the Sites and Services (the “Released Parties”) from all claims or causes of action related to your participation in the Services, and You agree to voluntarily give up or waive any right that You may otherwise have to bring a legal action against the Released Parties for personal injury or property loss.
You agree that in purchasing a Course of the Membership that You do so the intention of using it as educational and informational materials for yourself only. The information shared in the Course and Membership is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek advice of a qualified health care provided with any questions You may have regarding a medical condition or treatment before undertaking a new healthcare regimen, and never disregard medical advice or delay in seeking advice or treatment because of the information You received in a Course or Membership.
NO GUARANTEED OUTCOMES: You understand that the outcomes obtained from the Services can be subjective and vary greatly depending upon circumstances and individual effort invested in the process. Enrollment in the Services do not guarantee that You will take any specific action and does not offer any guarantee of success. As such, You understand that Functional Fueling makes no guarantee, representation or warranty of any nature or kind that the Services will be effective or will result in any particular outcome. You agree that You will not hold Functional Fueling responsible, in whole or in part, for any result that You do or do not achieve.
Personal Responsibility and Assumption of Risk: You acknowledge that You take full responsibility for yourself, and all decisions made before, during and after your participation in the Services. You accept full responsibility for your choices, actions, and results before, during and after the Services, and You knowingly assume all the risks of the Services related to your use, misuse, or non-use of the Services or any of the related materials. You understand and agree that you are solely responsible for your results.
You agree that Functional Fueling is not responsible for your mental, emotional, and spiritual health, or for any other result or outcome that You may experience through working together.
Limitation of Liability, Indemnification, Release of Claims: The information, software, products, and Services included in or available through the Sites may include inaccuracies. Changes are periodically added to the information herein. Functional Fueling may make improvements and/or changes in the sites at any time. Accordingly, Functional Fueling makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, Services, and related graphics contained on the Sites for any purpose. To the maximum extent permitted by applicable law, all such information, software, product, Services, and related graphics are provided ‘as is’ without warranty or condition of any kind. Functional Fueling disclaims all warranties and conditions regarding this information, software, products, Services, and related graphics, including all implied warranties or conditions of merchantability, of Functional Fueling for a particular purpose, title, and non-infringement.
14 - TERMINATION AND ACCESS RESTRICTION: Functional Fueling reserves the right, in its sole discretion, to terminate your access to the Sites, Services, or any portion thereof at any time, without notice.
15 – CONTENT RELEASE: You grant Functional Fueling, its representatives, employees, agents and/or assigns the right to take digital recordation of You and your property while engaging with and/or interacting with Functional Fueling and/or participating in a Service with Functional Fueling, and to use and publish these photos or videos in print and/or electronically. This includes, but is not limited to, the right to share screenshots of conversations, take photos or videos of a shared Zoom room, and/or utilize contributions to Zoom or Practice Better messaging conversations.
By agreeing to be filmed, photographed, and/or otherwise documented by Functional Fueling, You irrevocably grant Functional Fueling the absolute and unrestricted right and permission throughout the universe and forever to copy, reproduce, adapt, edit, summarize, copyright, publish, exhibit, distribute, perform, and otherwise exploit by any and all uses such content, with or without your name, for any lawful purpose, including but not limited to: publicity, illustration, advertising, and web content.
16 – GOVERNING LAW, DISPUTE RESOLUTION: To the maximum extent permitted by law, this Agreement is governed by the Laws of the State of California, United States, and You hereby consent to the exclusive jurisdiction and venue of courts in San Diego County, California, United States. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of California, San Diego County, before one arbitrator. This arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class-action basis or in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. The arbitration shall be administered under the rules of the American Arbitration Association and shall include a written record of the arbitration hearing. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Judgment on the Award may be entered in the State of California, San Diego County.
Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Functional Fueling because of this agreement or use of the Sites. Functional Fueling performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Functional Fueling right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Functional Fueling with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
This Agreement and your agreement to it and to use of the Sites and Services are for the benefit of Functional Fueling and its affiliates, successors, and/or assigns.
17 – MISCELLANEOUS
Mutual Non-Disparagement: Should You have any questions or concerns about the Services or Functional Fueling, You agree now to contact Functional Fueling directly in a mature and professional way rather than to publicly make any negative or critical comments about the Services or business through social media, public forums, or otherwise. The parties agree not to communicate with any other individual, company, or entity in a way that is harmful or disparaging to the other, whether actual or perceptual, or to do or say anything that is injurious to each other’s reputation, including about the Services and/or Functional Fueling business, employees, contractors or agents, or other participants. In arbitration or when required by law, Parties are not prohibited from publicly sharing our thoughts and opinions
Notice: All correspondences or notices required regarding the Services shall be made to Functional Fueling via e-mail at EMAIL ADDRESS and to You at the e-mail address You provided during your enrollment in the Services and/or the email address in your Account. Should your e-mail address, billing information, or contact information change at any time throughout the relationship, it is your responsibility to update the information in your Account within 3-days, preferably sooner, of any change to avoid miscommunications.
Force Majeure: In the event that any cause beyond one’s reasonable control, including, without limitations, “acts of God”/nature, war, curtailment, or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisories, labor strikes or civil disturbances, unforeseen or foreseen human-initiated circumstances, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or other instances, make it inadvisable, illegal, impracticable, or impossible for Functional Fueling to perform any responsibilities or obligations under this Agreement, either because of unreasonable increased costs or the risk of injury, Functional Fueling is not be liable for a reasonable period of delay or for the inability to indefinitely fulfill the responsibilities and obligations.
Entire Agreement, Assignment, Survivability and Waiver: This Agreement contains the entire agreement and may be modified or amended at any time as long as the amendment is in writing and signed by the Parties. You may not assign your privileges, rights, or obligations under this Agreement to anyone else, and the obligations under this Agreement shall survive indefinitely unless otherwise stated in this Agreement. If Functional Fueling chooses to waive or not enforce one or more terms of this Agreement, it does not in any way limit her right to later enforce every part of this Agreement.
EMAIL COMMUNICATIONS: You understand that You may, from time to time, receive email communications from Functional Fueling related to the Services, the Site, the Functional Fueling brand, and your participation in all of the above. By entering into this Agreement, You give Functional Fueling permission to email You, at the email address on file, regarding the same.
CONTACT: If you have any questions or concerns about this policy or any Functional Fueling Services, products, or features, please don’t hesitate to contact us at: firstname.lastname@example.org.