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.
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 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.
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.
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.