Date Effective: September, 2017
Your use of the Membership portal (Licensed Product) is governed by this AGREEMENT and is contingent on your acceptance of the AGREEMENT. Please read this AGREEMENT carefully and make sure that you fully understand it. Purchase of the Licensed Product signifies agreement with the terms below. This AGREEMENT is an agreement you (an individual person, referred to in this AGREEMENT as “You”) are making with Functional Medicine Coaching Academy, Inc., located at 1954 First Street, Suite 389, Highland Park, IL 60035 (“FMCA”) for use of all content within the FMCA Platinum Membership portal. By accessing, viewing, copying, or otherwise using the Licensed Product, You agree to be bound by the terms of this AGREEMENT. If You do not agree to the terms of this AGREEMENT, do not access, view, copy, or otherwise use the Licensed Product, and You must promptly destroy all copies of the Licensed Product in Your possession.
REFUND POLICY. Your investment in the Platinum Membership of the FMCA Alumni Portal will be renewed annually on the anniversary date of purchase. If you would like to cancel your membership, you would need to do so no later than 5 days prior to your renewal date. If you do not cancel by this date your membership will renew and is non-refundable.
LICENSE. Subject to the terms of this AGREEMENT, FMCA hereby grants to You a non-exclusive, nontransferable, limited, revocable license (1) to copy the Licensed Product for personal use only, and (2) to use the contents of the Licensed Product solely for collaborating with other FMCA graduates for non-commercial purposes related to Your Functional Medicine coaching activities. Without limiting the foregoing, You are specifically prohibited from using the Licensed Product for commercial activities, including but not limited to marketing products or services to FMCA students and graduates, and from distributing or sharing the Licensed Product (in whole or in part). You may not sublicense the rights granted to You in this AGREEMENT and should direct licensing requests to FMCA. This AGREEMENT shall terminate immediately upon any breach or other failure to comply with the terms of this AGREEMENT by You, without prejudice to any other rights FMCA may have. Upon termination of this AGREEMENT, You must destroy all copies of the Licensed Product and any works incorporating or derivative of any portion of the Licensed Product.
NO WARRANTY. FMCA provides the licensed product as is and with all faults and hereby disclaims all warranties and conditions, whether express, implied, or statutory, including, but not limited to, any implied warranties, duties, or conditions of: merchantability; fitness for a particular purpose; accuracy; results; lack of viruses, Trojan horses, disabling devices, or worms; or lack of negligence.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES. Notwithstanding anything to the contrary in this AGREEMENT, in no event shall FMCA be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in any way related to the use of or inability to use the Licensed Product, or otherwise under or in connection with this AGREEMENT, even in the event of negligence, strict liability, breach of contract, or breach of warranty of FMCA, and even if FMCA has been advised of the possibility of such damages.
CONFIDENTIAL INFORMATION. You understand and acknowledge that the Licensed Product represents valuable confidential information of FMCA entitled to protection as a trade secret. You shall keep confidential, and shall protect from unauthorized disclosure, the Licensed Product and all copies or physical embodiments thereof in Your possession. You shall use the Licensed Product only for purposes provided for under this AGREEMENT, and shall limit access to the Licensed Product to such individuals as consultants, accountants, and attorneys who require such access in connection with Your use thereof as permitted by this AGREEMENT. You shall secure and protect the Licensed Product and any and all copies and other physical embodiments thereof in Your possession.
ENTIRE AGREEMENT. This AGREEMENT constitutes the entire agreement between You and FMCA pertaining to the subject matter hereof, and supersedes all prior or contemporaneous written or oral agreements existing between You and FMCA. Any modifications of this AGREEMENT must be in writing and signed by You and FMCA.
MISCELLANEOUS. This AGREEMENT shall be deemed made in the State of Illinois, USA, and shall be governed by the laws of Illinois (without regard to its conflicts of law principles) and/or the United States, as applicable. You agree that any legal action between You and FMCA relating to this AGREEMENT will be brought only in a federal or state court sitting in Chicago, Illinois. Failure by FMCA to enforce any part of this AGREEMENT does not waive that part of the AGREEMENT. FMCA may assign its rights and obligations under this AGREEMENT to any party at any time without notice to You. Upon such assignment, FMCA is relieved of any further obligation under this AGREEMENT. The provisions of this AGREEMENT are severable. If any part of this AGREEMENT is determined to be invalid or unenforceable, the remaining provisions stay in effect.