By using the website thefunctionalmedicineproject.org (the “Site”), owned and operated by GYHB LLC dba The Functional Medicine Project (“Company,” “we,” or “us”) you agree to be bound by these Terms and Conditions (“Terms”) and to use the Site in accordance with these Terms, our Privacy Policy, Refund Policy, and all applicable laws and regulations. The Site may only be used for the Site’s intended purpose.  Accessing, using, or browsing this site in any manner constitutes use of the Site and by using the Site you acknowledge that you have read, understood, accepted, and agreed to these Terms without limitation or qualification. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEBSITE AND EXIT IMMEDIATELY.

 

We reserve the right to modify or amend the Terms or to impose new terms and conditions on the use of the Site from time to time and without notice. We will post the new terms and conditions or revised Terms on the Site.  If you use the Site following posting of changes, you are agreeing to the changes. 

 

All of the content and materials available on the Site are owned by the Company or our affiliates, licensors, or content providers.  This Site, including the design and content, are protected by copyright, trademark, and other intellectual property laws.  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. 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 shall comply with all applicable domestic and international laws, ordinances, and regulations regarding your use of the Site.

 

Medical Disclaimer

You expressly acknowledge that Company, the Total Health Reset Course (“Course”), and this Site do not provide medical advice and are not a substitute for professional medical advice.  The Company, Course, and Site do not seek to diagnose, cure, or treat any specific physical or mental condition. You should not participate in the Course or otherwise act on information on the Site except as recommended and supervised by your physician or healthcare provider.  If you choose to use the Site or participate in the Course without prior consent of your physician or healthcare provider, you agree to accept full responsibility for your decision and participation. If you are a health care provider, you should not recommend the Course or otherwise act on information on the Site without a complete examination and evaluation of the individual.  The Course is not recommended for individuals who are pregnant, intend to become pregnant, or have severe liver or kidney disease. Any information about or references to specific medical conditions or their treatment on the Site or in the Course are for informational purposes only and not medical advice or a substitute for medical advice.

 

Prohibited Conduct

By using the Site you agree you will not, nor will you encourage another to (all “Prohibited Conduct”):

• Post or attempt to post or transmit any information, software, or other material that contains a virus, malware, or other harmful or intrusive code or components.

• Attempt to gain access to the Site, or any account, system, network, or server associate with the account by means of hacking, password mining, or other illicit means for any reason including but not limited to disrupting the Site or its features, obtaining the information of Site users, or any other information or materials not intentionally made available on the Site.

• Use the Site to advertise or solicit anyone to buy or sell products or services, or to make donations or endorsements of any kind without our express permission.

 

Company will cooperate in the investigation of any Prohibited Conduct by any law enforcement officials or agencies and comply with any legally valid subpoena requesting us to disclose the identity of any person who participates in or encourages Prohibited conduct or otherwise violates these Terms.

 

Registration

Accessing areas of the Site require you to create an account.  You agree to provide true, accurate, and current information about yourself as requested by the Site.  Company may store any information you provide necessary to maintain your account.  You are solely responsible for maintaining the confidentiality and security of your account including username and password (collectively “Login”).  You agree not to use the Login of another or allow another to use your Login.  Company will not be liable for any damages, loss, or repercussions resulting from someone else using your Login, whether with or without your knowledge. You may be liable to Company, its affiliates and their officers, directors, employees, and representatives for unauthorized use of your Login or the Site by use of your Login.  Your personal information is subject to the terms of our Privacy Policy which is incorporated herein by reference.  

 

You must be legally able to enter into a contract to use the Site.  In most cases, that means you must be at least 18 years of age.  This Site it not intended not designed for children under the age of 13.  If you are under the age of 13, you may not use the site.  If you are between the ages of 13 and 18, or other applicable age in your jurisdiction, you may only use the site under the supervision of your parent or guardian.  If you are a parent or legal guardian agreeing to these Terms for the benefit of a minor between the ages of 13 and 18 (or the applicable legal age in your jurisdiction), you are fully responsible for his or her use of the Site, including all legal liability he or she may incur.  By using this Site and any services provided therein, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein.

 

Third-Party Links

This Site may contain links to websites that are not owned, operated, or controlled by Company or its affiliates. Unless specifically stated otherwise, links to third-party sites do not imply an endorsement or sponsorship of the site, or the information, products, or services available on or through the sites.  All such links are provided solely as a convenience to you. Neither Company nor any of our respective affiliates are responsible for any content, materials, or other information located on or accessible from any other website.

 

While accessing or using third-party sites or services you may receive opinions, advice, offers, or other information from third parties.  Neither Company nor any of our affiliates is responsible for, endorses, or expresses any opinions regarding the accuracy or reliability of these opinions, advice, offers, or information.

 

Company may occasionally recommend or promote products, services, or offers from third parties.  We may derive commissions from sales of such products or services. 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 may be shared with us and is subject to these Terms and or Privacy Policy.  The merchant may have different terms, privacy and data collection policies than ours.  You are responsible for reading, understanding, and complying with their policies.  

 

Limitation of Liability and Indemnity

You use the Site at your own risk. Company does not assume any responsibility, nor will it be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, browsing, or downloading of any information or materials from this Website. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. 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 USER FORUMS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER COMPANY, NOR ANY OF ITS AFFILIATES, WARRANTS THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER COMPANY, NOR ANY OF ITS AFFILIATES, MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

 

IN NO EVENT WILL COMPANY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE, OR THE MATERIALS, INFORMATION, OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS THE RETURN OF ANY FEES PAID TO THE SITE OR COMPANY AND TO CEASE USING THE SITE.

 

YOU INDEMNIFY AND AGREE TO DEFEND AND HOLD HARMLESS THE SITE, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES AND WEB HOSTING SERVICES AND THIRD PARTIES FOR ANY LOSSES, COSTS, LIABILIIES AND EXPENSES (INCLUDING BUT NOT LIMITED TO COURT COSTS, LEGAL FEES, AWARDS OR SETTLEMENTS) RELATING TO OR ARISING OUT OF YOUR USE OF , INCLUDING ANY BREACH BY YOU OF THE TERMS CONTAINED IN THIS AGREEMENT.

 

Digital Millennium Copyright Act

We respect the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Site infringes their rights under the U.S. copyright law. If you believe any material on or made available by the Site infringes your copyright, you or your agent should notify us using the procedures set forth under the DMCA (17 USC Sect. 512(c)(3)).  Failure to comply with the notice procedures shall not be considered sufficient notice and require no action by Company.  Company will comply with the DMCA to resolve any valid notice.  Notices and claims may be mailed to Functional Medicine Project, 585 Orchard St., Ashland, OR  97520 or sent via email to support@functionalmedicineproject.org.

 

 

You agree to hold Company and any individuals or entities affiliated with Company (including officers, directors, and employees) harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) your use of the Site; (ii) your violation of any term of this Agreement; or (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights, or intellectual property rights.  In the event that you have a dispute with one or more other users of the Site, you release Company (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes.

 

Termination

You or we may suspend or terminate your account and access to the Site at any time, for any reason, and without any notice. In the event of cancellation or termination, you are no longer authorized to access the Site, part of the Site, or User Forum affected by such cancellation or termination. If you are terminated by us for any violation of these Terms or for any conduct otherwise deemed by us to be inappropriate in our sole discretion, you agree not to attempt to re-register for the Site or User Forum whether in your own name, a fictious name, or the name of another. Any restrictions imposed with respect to materials downloaded from the Site, the disclaimers, and limitations of liability in these Terms survive termination.

 

Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to its conflicts of laws provisions, and/or the United States, as applicable. By using the Site, you consent and submit to the exclusive jurisdiction of venue of state and federal courts located in Eugene, Oregon, and waive any defense based on lack of personal jurisdiction or forum non conveniens.  You may only resolve disputes with us on an individual basis and, unless prohibited by law, you waive the right to participate in a class, collective, consolidated, or representative action.  The arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis, and shall not do so on a class or collective action basis.

 

These Terms set forth the entire understanding and agreement between us with respect to the use of the Site or any other subject matter herein.  If a provision of these Terms is determined to be unenforceable in any respect, the enforceability of the provision in any other respect and of the remaining provisions of the Terms will not be impaired.  Our failure to act with respect to a breach of a provision of these Terms will not be a waiver of any other provision or a waiver of a subsequent breach of the same provision.

 

Last updated November 2022.