IMPORTANT NOTE: The website located at [www.afunctionalmedicinehealing.com (the “Website”) is a copyrighted work belonging to Failte, LLC (“Practice”, “we”, “our”, or “us”). By using this Website and/or reading or commenting on this Website’s content, e-mails, social media, videos, and other products accessed or
available through this Website, you are voluntarily agreeing to these Terms & Conditions, and you are legally agreeing that you have read, understand, and fully consent to the terms below. Certain features of the Website may be subject to additional guidelines, policies, terms, or rules, which will be posted on the Website in connection with such features. All such additional terms, guidelines, and rules—including, but not limited to, the Privacy Policy and
Disclaimer—are incorporated by reference into these Terms &; Conditions. If you have any questions about any of these Terms & ; Conditions, please do not hesitate to contact us at contact@afunctionalmedicinehealing.com before using this Website.
You must be eighteen (18) years old and have the legal ability to agree to these Terms &; Conditions; thus, if you are under the age of eighteen (18) or you do not agree to the terms below, STOP now and do not proceed. By accessing or using Practice’s Website, you agree to these Terms &; Conditions below.
Terms & Conditions
Our Website is owned and operated by Practice. The terms “you” or “yours” refer to the user of our Website. These Terms & Conditions (“Terms”) set forth how you may use our Website and its content (what content you can share with others and what content you cannot disclose), security, intellectual property rights, and other terms of use.
Please read these Terms carefully. We reserve the right to change these Terms without notice at any time, and by using our Website, you are agreeing to the Terms as they appear, whether or not you have read them thoroughly, or even at all. If you do not agree with these terms, please stop now and do not use this Website, programs, products or services.
Practice reserves the right to terminate the Terms and to modify or discontinue this Website, including any features herein, at any time with or without notice to you. We shall not be liable to you or any third party should Practice exercise such right.
You understand and agree that temporary interruptions of the services available through this Website may occur as normal events. You further understand and agree that Practice has no control over third-party networks that you may access in the course of using this Website, and, therefore, delays and disruption of other network transmissions are completely beyond Practice’s control.
You understand and agree that the services available on this Website are provided “AS IS” and that Practice assumes no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or personalization settings.
Please also review our Privacy Policy because it contains important information regarding the collection, use, ability to disclose, and protection of information you provide to us via the Website. Agreement to the Terms, includes agreement to our Privacy Policy, which is incorporated herein by reference.
Your Use and Consent.
By using this Website, you are agreeing to act in accordance with these Terms, our Privacy Policy, Disclaimer, and any other terms and conditions that may apply to our Website, programs, products, and services available through our Website or from us. This Website and all of our programs, products, and services are intended solely for users who are age eighteen (18) and older. Any registration by, use of or access to any program, product, or service or our Website by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms. By accessing or using our programs, products, or services or our Website, you represent and warrant that you are 18 years or older and that you are able to enter into a contract and agree to and to abide by all of our Terms.
Medical Warning.
This Website has been created to provide information about functional health care services and is for general informational purposes regarding functional health care that should never be construed as medical advice for any person, including patients of the Practice. Nothing on this Website is intended to substitute for professional medical advice, diagnosis, or treatment.
Intellectual Property Rights.
Our Website, programs, products, and services and all the materials available on or through it are property solely owned by Practice, and are protected by copyright, trademark, and other intellectual property laws. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. You are only permitted to use the content as expressly authorized by Practice. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website in any form or by any means without express written permission from Practice, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.Practice does not warrant or represent that your use of materials displayed on, or obtained through, this Website wilnot infringe the rights of third parties.
See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Any trademarks, taglines, and logos displayed on the Website are trademarks belonging to Practice. Any trademarks reproduced on this Website, which are not the property of, or licensed to Practice, are property of their respective owners. Any use, including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent. Each time you submit any User Materials (as explained further below), you represent and warrant that you are at least the age of majority in the state in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Materials you submit, and that, as to that User
Material,
(a) you are the sole author and owner of the intellectual property and other rights to the User Material, or you have a lawful right to submit the User Material and grant Practice the rights to it that you are granting by these Terms and any additional terms, all without any obligation on our part to obtain consent of any third party and without creating any obligation or liability of Practice;
(b) the User Material is accurate;
(d) the User Material does not and, as to Practice’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and
(e) the User Materials will not violate these Terms or any additional Terms, or cause injury or harm to any person.
Practice has no obligation to monitor or enforce your intellectual property rights to your User Materials, but you grant Practice the right to protect and enforce its rights to your User Material, including by bringing and controlling actions in your name and on your behalf (at Practice’s cost and expense, to which you hereby consent and irrevocably appoint Practice as your attorneyin-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
User’s Materials.
Subject to Practice’s Privacy Policy, any communication or material that you transmit to this Website or to Practice, whether by electronic mail or other means, for any reason, will be treated as nonconfidential and nonproprietary. While you retain all rights in such communications or material, you grant Practice and its designated licensees a nonexclusive, royalty-free, fully paid, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material.
Please do not submit confidential or proprietary information to Practice unless we have mutually agreed in writing otherwise. Practice is also unable to accept your unsolicited ideas or proposals, so please do not submit them to Practice under any circumstance.
Practice respects the intellectual property of others and asks you to do the same. If you or any user of this Website believes its copyright, trademark, or other property rights have been infringed by a posting on this Website, you or the user should send notification to Practice immediately. To be effective, the notification must include:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been
infringed;
3. Information reasonably sufficient to permit Practice to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit Practice to locate the materials;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), Practice’s Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
Heather Flanagan Links to External Websites or Use of Social Media.
From time to time this Website may also include links to other websites or to social media sites. These links are provided for your convenience to provide further information and to allow you to visit other website(s) of interest easily. However, once you have used these links to leave our Website, you should note that we do not have any control over their website or social media sites. Therefore, we cannot be responsible for the protection and privacy of any information that you provide while visiting such sites or social media, and such sites and social media sites, even if operated by us are not governed by these Terms.
Likewise, if our Website is linked or referenced in someone else’s website or social media, we are not liable for any information provided on or through their website or social media as it is not under our control in any way whatsoever. We accept no liability for any of the views, facts, opinions, or references in our or their Website whatsoever. Information posted on this Website related to or linked to a third party website, may express a perspective which may or may not necessarily reflect our views. You should exercise caution and look at the privacy statement of the website or social media sites you are visiting or using. Use of external links to other sites or social media does not signify that we endorse them. Practice bears no responsibility for the content of the linked website(s) or social media
websites.
Your Conduct.
You must not use our Website in any way that causes or is likely to cause access to it to be interrupted, damaged or impaired in any way and you must use it for lawful purposes only. You understand that you are solely responsible for all electronic communications and content sent from your computer to Practice by you. You may not use our website or any aspect related to it in any of the following ways: