theaafh.org

Purchase / Service Agreement

Purchase and Service Terms and Conditions

By using this website, services, and products, you accept these Purchase and Service Terms and Conditions and that you are representing that you understand and agree to all of the terms herein.

This website (the “Site”) and our courses and programs (our “Programs” and together with the Site, our “Services”) are owned, operated, and provided by The American Academy of Functional Health (“AAFH”, “we”, “our”, or “us”).

Payment Authorization and Payment Terms.

By clicking to accept our terms and purchasing any of our Programs or Services, you authorize the American Academy of Functional Health to charge your PayPal account, debit, or credit card, using a third-party payment processing company and/or service, including but not limited to PayPal, Stripe, and Splitit, as indicated, as payment for your enrollment and/or membership in the Program if the American Academy of Functional Health approves your application and accepts you into the Program.

When you purchase access to a Program or Service, you may be asked to supply certain information relevant to your purchase including, without limitation, your name, your email, your phone number, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct, and complete.

By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your purchases.

Furthermore, you agree that if you are accepted into the Program, you are responsible for full payment of fees for the entire course of the Program, regardless of whether you attend or complete the Program. With the exception of the refund policy, there are no refunds provided if you have selected to pay in full (lump sum) or a payment plan.

We reserve our right to seek payment from you for any delinquent payment that is not provided by or upon the date due by enlisting the help of a collections’ agency, and we may exercise our right to report your delinquent payment to all three credit reporting agencies, either directly or through the help of a collections’ agency.

The American Academy of Functional Health reserves the right to discontinue services and access to the content, videos, trainings, and lectures if scheduled, subscription, and/or recurrent payments fail and are not paid within 7 days of the due date. Services and/or access may be granted if payment is restored within 60 days after the first failed payment. If payment is not provided and successful within 90 days from the first failed payment, we reserve the right to permanently terminate services, remove you as a user and user-related educational material from the database, and prevent access to content without any refund or financial reimbursement.

Refund Policy

1. One-day live SUMMIT or purchased recordings:

We offer a full 100% money-back guarantee UNTIL THE DAY OF THE LIVE EVENT. No refunds are made after the event has started; no exceptions.

2. Other Programs:

We offer a full 100% 30-day money-back guarantee during the first 30 days FROM DAY OF REGISTRATION; however, once you are registered and have downloaded the materials from the website or watched more than three (3) modules in a Program, you will not receive any refund for any reason. No refunds are made after 30 days from registration; no exceptions. If you are paying on a payment plan, you will still owe the entire amount for the Program and all remaining installment payments after the 30 days or if you don’t qualify for a refund within the first 30 days. You can transfer the rights to the program and membership in the first 12 months to another eligible healthcare provider that fulfills the admission requirements if no more than six (6) modules or classes are opened. This transfer can only be approved once. Bank-associated fees with international wire cannot be reimbursed back to the student.

Since there is a clear and explicit Refund Policy in this Agreement that you agree to prior to enrolling in the Program, the American Academy of Functional Health does not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or the payment processor. If a chargeback is placed on a purchase or the American Academy of Functional Health receives a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, e-mail address, order date, order amount, and billing address. If you then wish to have this report removed from your credit report, you must make the payment owed for the amount of the chargeback. Once payment owed is received, the appropriate reports to the credit agencies will be made.

Term

Our Programs are designed to be completed within a period of 12 months. Registrants have access to each Program purchased for 36 months from the date of purchase. The American Academy of Functional Health may, at its discretion, extend access by additional 3 months for medical or personal reasons. Such requests should be submitted in writing (mail or email) before the end of the 36 months access. It is the student’s responsibility to ensure that the request was received and the AAFH does not guarantee approval of the request.

No Continuing Education Credits; Information and Education Only and No Medical Advice

This Program is not approved for continuing education credits with any licensing body.

For students in the Functional & Nutritional Medicine Program: Up to 20 CMEs might be provided to MD, DO, NP, & PA after completion of the first 10 modules.

Your enrollment or completion of any of the Programs does not in any way authorize you to practice any healthcare profession. The certificate of completion does not confer a degree and is unaccredited, though it may be used at the discretion of the individual practitioner to promote their practice. The American Academy of Functional Health makes no claims or warranties regarding the legality of any practitioner utilizing the methods taught in the Program in any state or country. Some participants may not be able to utilize the methods taught in the Program because it may not be within their scope in their jurisdiction(s). Participants are solely responsible for knowing their scope of practice and staying within it and are advised to seek legal counsel with any questions.

The Programs will reference “patient(s)”, but participants should not misconstrue this to mean they have “patients” if their licensure only provides for a client-practitioner relationship.

Our Programs are for informational and educational purposes only and are not to be perceived as or relied upon in any way as medical advice for any individual. Products, services, information, and other content provided by the Service, including information linking to third-party websites are provided for informational purposes only. The Programs are intended as educational material for healthcare professionals who must use their own professional judgement with their patients and/or clients.

Practitioners are solely responsible for evaluation, interpretation, implementation, and application of any information presented in the Programs using their own expertise and medical or other professional judgment in the context of the individual patient. The use of any information presented is solely at the practitioner’s own risk. In no case is The American Academy of Functional Health responsible or liable for any practitioner’s use or misuse of the information presented. 

Information and statements in the Programs regarding dietary and herbal supplements and products have not been evaluated by the Food and Drug Administration. Any herbal, nutritional or other supplements or products mentioned in the Programs are not intended to diagnose, treat, cure or prevent any disease.

The information offered in our Programs and Service is not comprehensive and does not cover all diseases, ailments, physical conditions, or their treatment.

Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client or doctor-patient relationship. No legal advice is provided in our Programs.

Before providing any medical recommendation, including the use of nutritional or dietary, supplements, herbs, laboratory testing, diagnosis, or treatment recommendations, you understand and acknowledge that each governing country, jurisdiction, and state has different regulations and laws. Some states and countries consider any recommendation related to nutrition, diet, supplements, laboratory tests, medicals, or lifestyle changes to be limited only to appropriate licensed healthcare providers. It is your responsibility to verify your local regulations as well as the local regulations and laws of the person you are making your recommendations to. You should not act upon any information on the Site or in our Programs without seeking professional legal counsel.

Under no circumstances will the American Academy of Functional Health, or its owners, managers, employees, agents or presenters be held responsible or liable in any way for any claims, damages, losses, expenses, costs or liabilities whatsoever (including, without limitation, any direct or indirect damages for loss of profits, business interruption or loss of information) resulting from or arising directly or indirectly from your use of or inability to use the Site, Services or Programs.

No Guarantees of Results or Earnings

No results of participation in our Programs or use of the information in our Programs are guaranteed. The American Academy of Functional Health makes no guarantees, express or implied, about the results of information shared in the Programs or the results of participating in the Programs.

You also recognize that prior results do not guarantee a similar outcome.  Thus, the results obtained by other participants of our Programs are no guarantee that you or your patients/client will obtain similar results.

Additionally, your participation in any of our Programs does not guarantee any success with your practice, business, earnings, or otherwise. There are no guarantees you will get patients from being listed on our Site and there are no guarantees that your participation in any Program will increase your earnings or practice revenue.

Each individual’s success depends on many factors, including his or her willingness to do the work, get the necessary support, and desire to succeed. By signing below, you acknowledge that each individual is different and as with any health program, there is no guarantee for results with your participation in any Program. You assume 100% responsibility for your results.

Intellectual Property Rights

Our Site and Programs, including without limitation, the words, design, layout, look, appearance, graphics, photos, images, information, materials, documents, data, videos and video files and recordings, voice/audio files and recordings including downloadable Mp3 audio files, webinars and recorded webinars, emails, downloadable PDFs, worksheets, workbooks, forms, guides, questionnaires, e- handouts and slides, and all other similar materials and all other information and intellectual property accessible on or through a Program as well as the look and feel of all of the foregoing (collectively, the “Program Content”) are the property of and solely owned by The American Academy of Functional Health or our affiliates, licensors, successors-in-interest, assignees, or suppliers unless otherwise noted, and are protected by copyright, trademark and other laws that protect intellectual property and proprietary rights.

You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained on or in the Program Content as well as this Agreement.

When you enroll in a Program, The American Academy of Functional Health is granting you a limited, revocable, non-transferable, non-exclusive license to access and use the Program and Program Content for your own personal, non-commercial use ONLY. This license is limited to you only for your personal use, and NOT for you to re-sell or use for your commercial interests.

As a Program registrant, you may view, read, and use all materials that are part of the Program You may also print any material provided as downloads, such as pdf file pages, and handouts for your personal use in taking the Program, but you may not share, communicate, publish or in any manner distribute to other parties to the Program, login and password, readings, references, links, or any other materials.

You are NOT permitted to share any Program Content with your friends, family, colleagues, or any other person. If they would like access to the Program, they must purchase their own license to the Program separately.

This means that when you enroll in the Program, you may watch, listen to, download and/or print Program Content for your own personal use, BUT you are NOT permitted to copy, duplicate, reprint, republish, reproduce, share, sell/re-sell, display, disclose, or redistribute any part of the Program or Program Content with or to friends, family members, colleagues, or any other third party, or on any public site or forum, or use any Program Content for commercial purposes or as your own. For avoidance of doubt, this means you may NOT adapt or represent any part of the Program in any way as if it is yours or created by you and you may not reprint or republish any part of the Program and Program Content for publication or compilation into your own products.

Furthermore, you may not hypertext, frame or inline link to any part of the Program or Program Content, nor may you state or imply any sponsorship, endorsement by, or ownership of the Program or Program Content without the express written permission of the Operations Manager at the American Academy of Functional Health.

Any trademarks and logos displayed on the Programs and Program Content are trademarks belonging to The American Academy of Functional Health unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without the express written permission of Operations Manager at the American Academy of Functional Health.

All rights not expressly granted in this Agreement or any express written license, are reserved by The American Academy of Functional Health.

The Programs, Service and their original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the American Academy of Functional Health and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Any violation of intellectual property will lead to immediate termination of the account without any refund. If misconduct or violation of intellectual property is found, the student will be liable for any financial loss that occurred due to the violation.

To provide you with an increased level of security, online access to your Personal Information is protected with a password you select. We strongly recommend that you do not disclose your password to anyone. We will never ask you for your password in any unsolicited communication (including unsolicited correspondence such as letters, phone calls or e-mail messages).

No Warranties

THE AMERICAN ACADEMY OF FUNCTIONAL HEALTH MAKES NO WARRANTIES REGARDING ANY PROGRAM OR CONTENT. FURTHERMORE, THE AMERICAN ACADEMY OF FUNCTIONAL HEALTH MAKES NO WARRANTIES THAT THE SITE, SERVICES OR PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE.

THE AMERICAN ACADEMY OF FUNCTIONAL HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY AND APPROPRIATENESS FOR ANY PURPOSE OF THE INFORMATION. ALL INFORMATION PROVIDED THROUGH THE PROGRAM AND PROGRAM CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE AMERICAN ACADEMY OF FUNCTIONAL HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO ALL INFORMATION IN THE PROGRAM AND PROGRAM CONTENT.

THE AMERICAN ACADEMY OF FUNCTIONAL HEALTH FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF ANY SERVICES OR PROGRAMS.

We do not warrant or represent that the information available on or through the site will be correct, accurate, timely, or otherwise reliable. We may (but are not obligated to) make improvements and/or changes to its features, functionality, or content of the site at any time. You are responsible for verifying the accuracy of the information before you use or recommend it.

Before providing any medical recommendation, including the use of nutritional or dietary, supplements, herbs, laboratory testing, diagnosis, or treatment recommendations, You, understand and acknowledge that each governing country, jurisdiction, and state has different regulations and laws. Some states and countries consider any recommendation related to nutrition, diet, supplements, laboratory tests, medicals, or lifestyle changes to be medical advice that is limited to appropriate licensed healthcare providers according to the local regulations and laws. It is your responsibility to verify your local regulations as well as the local regulations and laws of the person you are making your recommendations to. You should not act upon any information in this Site or our Programs without seeking professional legal counsel. Reliance on any information appearing on our Site or in our Programs is solely at your own risk. The information, including but not limited to, text, graphics, images, videos, and other material contained on this website contained on the Service is for general information purposes only. The purpose of this website is to promote broad understanding and knowledge of various health topics.

Limitation of Liability and Release of Claims

As previously stated, participants are solely responsible for the evaluation, interpretation, implementation, and application of any information presented in our Programs using their own expertise and medical or other professional judgment in the context of the individual patient. 

While AAFH will be sharing published research, and clinical expertise, and discussing herbs and supplements and how they can be used with patients/clients, you should not rely solely on information presented in the Program when treating your patients/clients and should always properly evaluate a patient/client for what is appropriate for them.

The use of any information presented is solely at the practitioner’s own risk. In no case are The American Academy of Functional Health or its owners, members, managers, employees, agents or presenters be responsible or liable for any practitioner’s use or misuse of the information presented or any harm to any patient/client or claim made by any patient/client relating to any participant’s use of any information in the Program.

YOU AGREE TO ABSOLVE THE AMERICAN ACADEMY OF FUNCTIONAL HEALTH AND ITS OWNERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND PRESENTERS (THE “RELEASEES”) OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON ANY PROGRAM.  YOU AGREE THAT THE RELEASEES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES IN ANY WAY RELATED TO YOUR USE OF ANY PROGRAM.

Username and Password to Access Program.

To access the Program materials, you will be provided a username and password. You agree to keep your username and password to access the Program confidential. You are not permitted to share your username and/or password or access to your Program account with anyone at any time.

Links and References to Third-Party Websites, Services and Products

The Programs may provide links and/or references to third-party websites, services, and products (collectively, “Third-Party Products”). The American Academy of Functional Health may be sponsored by Third-Party Products and may receive a commission if you make a purchase through an affiliate link provided for the Third-Party Product. However, the Third-Party Sites are not under the control of The American Academy of Functional Health, and The American Academy of Functional Health is not responsible or liable for any content on or actions of any Third-Party Products. The American Academy of Functional Health is not responsible for the actions, views, opinions, facts, advice, or statements of Third-Party Products, their accuracy or reliability, or for errors or omissions caused by Third-Party Products or for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to perform your own due diligence before buying or using any Third-Party Products.

Governing Law and Dispute Resolution

This Agreement is governed by and construed in accordance with the laws of the State of Oregon where The American Academy of Functional Health is registered, regardless of the conflict of laws principles.

It is hoped that you will have no dispute with The American Academy of Functional Health. However, should a dispute arise between you and The American Academy of Functional Health, we would like to be able to work it out amicably through e-mail correspondence. Therefore, it is requested that you contact The American Academy of Functional Health via e-mail in attempt to resolve any dispute prior to seeking legal action and include your reasons for dissatisfaction.

However, should we be unable to resolve any potential dispute within a reasonable time, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. You understand and agree now that the only remedy that can be awarded to you through arbitration is refund of your payment made to purchase the Program as of the date of such dispute. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction.  You also agree that should arbitration take place, it will be held in Clackamas County in the State of Oregon, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.

By purchasing any Program, you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of your e-mail to The American Academy of Functional Health referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action related to the Program or this Agreement.

Users Outside of the United States

The American Academy of Functional Health provides the Program from offices in the United States. The American Academy of Functional Health does not represent that the materials are appropriate or available for use in other locations. People who choose to access the Program from other countries do so on their own initiative and are responsible for compliance with local laws as applicable.

Termination of Program Access

The American Academy of Functional Health reserves the right in our sole discretion to refuse or terminate your access to the Program, in full or in part, at any time if you breach the terms of this Agreement. In such case, you will still owe the full amount for the Program.

By completing the transaction, you are acknowledging that you have read, agree to, and accept all the terms and conditions contained in these Purchase and Service Terms. We reserve the right to amend this Agreement at any time by sending you a revised version at the address you provided. Program lessons, handouts, materials (both digital or printed), coaching calls, assessments (e.g., quizzes or exams), and workshops may be modified, added, or removed from a Program at any time without advance notice. AAFH reserves the right to change or modify the Program requirements, content, and admission at any time without advance notice. We have made every effort to accurately represent the program and its potential.

Certification of completion is provided after completion of all modules, including viewing of all video lectures, passing of all assessments, and full payment of the Program.

By completing the transaction, you are acknowledging that you have read, agree to, and accept all the terms and conditions contained in Purchase and Services Terms and our Privacy Policy, which can be found in the following links below:

Purchase Agreement: https://theaafh.org/Purchase-terms-conditions/

Terms & Conditions: https://theaafh.org/terms-of-use/

Privacy Policy: https://theaafh.org/privacy-policy/