This website, including the information and features available from the site, such as reviews, articles and advertisements, (“katherinebirchenoughmd.com”, “Functional Vitality MD” or the “Site”), is an interactive online service operated by Functional Vitality MD (the “Company,” “We”, “Us”), that is designed to be a resource for personal health and wellness focused on increasing your knowledge and understanding of health care topics.

The information on this site is intended to provide general information only, and does not constitute, nor is it a substitute for, personalized medical advice. This site cannot and does not attempt to provide you with any advice specific to your condition or circumstances, and does not establish a doctor-patient relationship. This site should not be used as a substitute for advice from a doctor or healthcare provider. Never disregard advice from a physician or delay seeing a healthcare professional due to information found on this site.

Dr. Katherine Birchenough strives to provide the best care through personally designed health and wellness plans. For any such plan to be effective, the patient must be a honest, willing, and active participant and have a direct, complete, and personal relationship with their health care provider. To gain the benefits of care this site discusses, a personal consultation is required either virtually or in-person.

Use of this site in any manner is subject to these Terms of Service (“Terms”) and privacy policy. If you do not agree to these Terms and corresponding Privacy Policy, we ask that you refrain from using this Site.

 

General Terms

 

Jurisdiction and Choice of Law. These Terms and Conditions supersede any other agreement between you and Functional Medicine For Life to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site will be brought only in the federal or state courts of the State of California. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any party who unsuccessfully challenges the enforceability of this forum selection clause shall reimburse the prevailing party for its attorney’s fees, and the party prevailing in any such dispute shall be awarded its attorneys’ fees.

Changes to these Terms of Use and Privacy Policy. The Terms of Use and Privacy Policy may change at any time, with any changes being posted on the Site. By continuing to use the Site after such a posting, you agree to the updated Terms and Privacy Policy.

Changes to our Site: Our Site is under continual development and improvement, and new features will be regularly added and modified to improve the Site experience. Some portion of these Terms may refer to functionality not yet complete or available to users. Those parts of these Terms will be in effect when the relevant parts of the Site become available.

Compliance with Laws: You acknowledge and agree that you will only use the Site in a manner consistent with these Terms of Service, as well as any and all applicable local, state, national, and international laws and regulations. Use of this Site is void where prohibited. To the extent that the Site is not legal in your jurisdiction, you may not use the Site, and the Site may not be used anywhere where prohibited by law.

Entire Agreement: These Terms of Use, along with our Privacy Policy contain the entire agreement between you and The Company regarding the use of the Site.

Severability: If any provision of these Terms is held to be invalid, illegal or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary such that these Terms shall otherwise remain in full force and effect and enforceable.

Survival: Even after your use of the Site discontinues, these Terms shall remain in effect. All terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.

Please contact us at with any questions regarding these Terms of Service at Drb@katherinebirchenoughmd.com

 

Making Comments: Functional Vitality MD provides users the ability to make comments, which can be shared with other members of the online community. You are solely responsible for ensuring that any such comments that you make are appropriate and are not illegal, obscene, threatening, harassing, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable and do no consist of or contain software viruses, worms, or Trojan horses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” In addition, you are responsible for not making ad hominem attacks on third parties and for not using profanity.

If you do post comments, you grant to us a nonexclusive, royalty free perpetual, irrevocable, right to use, reproduce, adapt, publish, translate, create derivative works from, distribute, and display such comments throughout the world and in any media, and to grant sublicenses to third parties. You represent and warrant that you own all rights in the comment that you post and that such comments to do not violate our Terms of Use hereunder. We reserve the right to monitor and remove any comments at any time without notice. We also have the right to delete and ban inappropriate comments at any time for any reason.

Third Party Websites: Functional Vitality MD may contain links to other Internet websites, which are independently owned and maintained (“Third Party Site(s)”). Links to Third Party Sites are provided as citations and aids to help you identify and locate other Internet resources that may be of interest to you. If you click on a link to one of these Third Party Sites, then you will be transferred to another website beyond our control. Our Privacy Policy and Terms of Use will no longer be applicable to any Third Party Sites, and we will not review or have any responsibility for the accuracy, completeness, or any other aspect of the content on those Third Party Sites. We do not intend that links to Third Party Sites be referrals to, or endorsements of, the linked entities or to any information that they make available. We will remove any link from this Website upon request from the Third Party Site.

Intellectual Property: The content and the design elements of the Website, and any products sold on the Website (“Intellectual Property”) are the sole and exclusive property of Company and its licensors, who retain all right, title, and interest in the trademarks and copyrightable materials on this Website. You may not reproduce, copy, display, distribute, republish, or otherwise use for any commercial purpose any Intellectual Property without the permission of us or our licensors as appropriate, nor may you remove or alter, or cause to be removed or altered, and proprietary notice or legend appearing on any part of the Website or any products sold on the Website. Any code on the pages of the Website is also protected by our copyright or that of our licensors, and you may not use or copy such code.

 

Consequential Damages; Limitation of Liability

 

You agree that neither Company or katherinebirchenoughmd.com or functionalvitalitymd.com, nor any of our members, managers, officers, employees, independent contractors, representatives and agents will be liable to you for any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with this Website, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages).

Our liability to you shall in no event exceed the total aggregate amount of $150. Some states do not allow the limitation of liability, so these limitations may not apply to you.

Indemnification. By using katherinebirchenoughmd.com, you agree to indemnify, defend, and hold harmless Company, functionalmedicneforlife.com and our respective licensors, officers, members, managers, employees, independent contractors, representatives, agents, and customers from any claim arising from a breach of these Terms of Use or from any third party, which results in any way from your use of this Website.

Miscellaneous. Company reserves the right to discontinue operating this Website at any time at its sole discretion, or to make modifications to the operation of the Website at any time at its sole discretion. You agree that Company may assign these Terms of Use without prior notice in the event of a merger, acquisition, or sale of all or part of its business. No waiver of any breach of the Terms or Use, no matter how long continuing or how often represented, will be deemed a waiver of any subsequent breach, nor shall any delay or omission to exercise any right, power, or privilege be deemed a waiver of such right power, or privilege. If any paragraph in these Terms of Use is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that paragraph will be construed to the extent feasible to render the paragraph enforceable and to give effect to the Parties’ intentions as reflected in the paragraph. If no feasible interpretation would save such paragraph, it is to be severed from the remainder of these Terms of Use, which are to remain in full force and effect. The Terms of Use constitute the entire agreement with you and Company with respect to the subject matter set forth herein. You agree that that you will not have any authority to assume or create any obligation for or on behalf of Company or katherinebirchenoughmd.com whether express or implied, and that you will not have the right to bind either Company or functionalmedicineforlife.com to any contract. The section headings and subheadings contained in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.