Terms of Use:
Welcome to the website ("Site") for ANCIENT MODERN METHODS LLC
("AMM").
Access to the Site:
BY ACCESSING, BROWSING AND/OR USING THE SITE, YOU
ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED
TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE ("TERMS
AND CONDITIONS OF USE") INCLUDING THE PRIVACY POLICY
("PRIVACY POLICY") (COLLECTIVELY THE "TERMS") AND TO COMPLY
WITH ALL APPLICABLE U.S. LAWS AND REGULATIONS. In addition, you
hereby represent and certify that you are at least eighteen (18) years of
age. If you do not or cannot agree to the Terms, you are not authorized
to use the Site or any of the services offered through the Site. AMM
reserves the right, in its sole discretion, to update, revise, supplement
and to otherwise modify these Terms, and to impose new or additional
terms and conditions on your use of the Site from time to time. Such
updates, revisions, supplements, modifications and additional rules,
policies, terms and conditions (collectively referred to in these Terms as
"Additional Terms") shall be effective immediately and incorporated into
these Terms upon notice thereof, which may be given by any
reasonable means including by posting to the Site. Your continued
viewing or use of the Site following such notice shall be deemed to
conclusively indicate your acceptance of any and all such Additional
Terms.
Acceptable Use of the Site:
In order to use the Site, you must obtain access to the Internet and pay
any and all service fees associated with such access.
(a) Individual Use. You agree that you are only authorized to visit, view,
print and retain a single copy of pages of the Site for your own internal
use and not on behalf of any other person or entities, and that you shall
not duplicate, download, publish, modify, or otherwise distribute any
material on the Site for any purpose other than for your own internal
use unless otherwise specifically authorized by AMM in writing. AMM
may post legal notices and various credits on pages of the Site, which
you shall not remove even in your permitted copies.
(b) Framing. You agree not to create any frames on any other web sites
pertaining to or using any of the content located at the Site for any
purpose, unless specifically authorized by AMM in writing to do so.
(c) Security, Cracking, and Hacking. You are prohibited from violating or
attempting to violate the security of the Site. Accordingly, you agree not
to: (i) access data or materials not intended for you; (ii) log into a server
or account which you are not authorized to access; (iii) attempt to
probe, scan, or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization; or
(iv) attempt to interfere with service to any user, host, or network,
including without limitation, by means of submitting a virus to the Site,
overloading, "flooding", "mailbombing", or "crashing" the Site. Violations
of system or network security may result in civil or criminal liability. AMM
reserves the right to investigate occurrences which may involve such
violations and may involve and cooperate with law enforcement
authorities in prosecuting users who have participated in such
violations. You understand that data and communications, including
e-mail and other electronic communications, may be accessed by
unauthorized third parties when communicated over the Internet.
(d) You Are Responsible For All of Your Activities and All of The Content
You Post or Submit. You represent and warrant that any information
and/or material you post or provide to AMM by means of the Site,
including, without limitation, as part of any registration or subscription
or to gain access to or use any services offered on the Site
("Submissions"), is truthful, accurate, not misleading, not confidential
property of others, not in violation of any other third party's rights, and
offered in good faith. You agree NOT to use the Site for or in connection
with any of the following activities: (i) transmitting or relaying spam or
other unauthorized or unsolicited communications, spoofing or
otherwise impersonating any person or entity, or falsely stating or
otherwise misrepresenting your identity or affiliation in any way; (ii)
using the Site for any fraudulent or illegal purpose or to encourage
conduct that would be considered fraudulent or illegal; (iii) e-mailing,
uploading, or otherwise transmitting or using the Site in furtherance of
the use, distribution, or transmission of any unlawful, harassing,
defamatory, tortious, libelous, sexually explicit, obscene, hateful, racially,
ethnically, or otherwise objectionable material of any kind; (iv)
transmitting material that contains viruses, Trojan horses, worms, time
bombs, cancelbots, or other computer programming routines or
engines that are intended to damage, destroy, disrupt, or otherwise
limit, interfere with, or impair a computer's functionality or the
operation of the Site or surreptitiously intercept or expropriate any
system, data or information related to the Site or any computer
hardware, software or other equipment that is owned, leased or used by
FMA; and (v) using any robot, spider, scraper or any other automated
means or device designed to provide repeated or automated access to
the Site for any purpose.
(e) Information Disclosed via the Site. IN ADDITION TO ANY OTHER
WARRANTY DISCLAIMER PROVIDED IN THE TERMS, ANY
INFORMATION DISCLOSED TO YOU VIA THE SITE INCLUDING,
WITHOUT LIMITATION, ANY CONTENT, HEALTH CARE PROFESSIONAL
REFERRALS, PRODUCT RECOMMENDATIONS, PRODUCT
DESCRIPTIONS, PRODUCT SAFETY AND/OR EFFECTIVENESS
MATERIALS, ARE NOT OFFERED WITH ANY WARRANTY OR
REPRESENTATION AS TO ABILITY, ACCURACY, PERFORMANCE, OR
SUITABILITY FOR YOUR INTENDED PURPOSE OR COMPLIANCE WITH
APPLICABLE LAW. AMM ASSUMES NO RESPONSIBILITY, AND
DISCLAIMS ANY LIABILITY FOR, ANY ILLNESS, OR INJURY RESULTING
FROM USING ANY PRODUCTS OR FOLLOWING ANY ADVICE
CONTAINED ON THIS SITE OR FOR ANY HEALTH CARE PROVIDED BY
ANY HEALTH CARE PROFESSIONAL TO WHICH YOU WERE REFERRED
VIA THE SITE. YOU ACKNOWLEDGE AND AGREE THAT USE OF ANY
DIETARY SUPPLEMENT PRODUCTS INVOLVES UNFORESEEABLE RISKS
AND UNCERTAINTIES, INCLUDING, WITHOUT LIMITATION, THE RISKS
OF: (A) INDIVIDUALS' BIOLOGICAL VARIATION AND RESPONSE TO
HERBAL/BOTANICAL PRODUCTS; (B) PRODUCT INTERACTIONS WITH
OTHER HERBAL AND DRUG INGREDIENTS; AND (C) OTHER HEALTH
RISKS AND UNCERTAINTIES.
Information on the Site is provided for informational purposes only, does not
constitute medical or health-related advice, and is not intended to diagnose,
treat, cure or prevent any disease or health problem.
Statements made on the Site
have not been evaluated by the FDA.
(f) Do Not Violate Third Party Intellectual Property Rights. Without
limiting the foregoing, you shall not, and by using the Site you agree
not to use the Site to: (i) transmit or post any Submissions that are
copyrighted, unless you are the copyright owner or have obtained the
permission of the copyright owner to transmit it; (ii) transmit or post
any Submissions that reveal trade secrets, unless you own them or have
the permission of the owner to so transmit them; or (iii) transmit or post
any Submissions that infringe on any Intellectual Property Rights (as
defined below) of others or violates the privacy or rights of publicity of
others.
(g) Ownership. AMM places content on the Site for you to examine from
time to time including, without limitation, text, graphics, photographs,
pictures, drawings, animation, audio, video, literature, and any other
material distributed by AMM on, through, or in connection with the Site.
Moreover, AMM attempts to display the content in a way that will be
easily accessible and useful for you, the user. All content and materials
on the Site including, without limitation, text, graphics, logos, button
icons, images, audio clips, and software included in the Site and any
services offered on the Site, are the property of AMM, its sponsors, or
business affiliates, and/or their respective licensors, and are subject to
U.S. and international Intellectual Property Rights laws. The compilation
of all content on the Site is the exclusive property of AMM (unless
otherwise indicated) and is protected by U.S. and international
copyright and trademark laws. All software used on the Site is the
property of AMM or its licensors (or licensed by AMM) and is subject to
U.S. and international copyright laws. Except to the minimum extent
otherwise expressly permitted under copyright law, no copying or
exploitation of material from the Site is permitted except expressly in
accordance with these Terms or with the express written permission of
AMM and any other applicable copyright owner. You acknowledge that
you do not acquire any ownership rights by virtue of downloading
copyrighted material from the Site. All rights not expressly granted
hereunder are expressly reserved to AMM.
Warranty Disclaimer:
THE CONTENT, SERVICES, INFORMATION, AND ACCESS TO THE SITE
ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
SATISFACTORY QUALITY AND NONINFRINGEMENT. FMA DOES NOT
WARRANT THAT ANY PART OF THE SITE WILL OPERATE
UNINTERRUPTED OR ERROR-FREE, THAT EFFECTS WILL BE
CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SITE AND
ACCESS TO THE SITE WILL BE UNINTERRUPTED, CONTINUOUS, OR
ERROR-FREE. AMM DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU SHOULD THEREFORE
VERIFY ANY INFORMATION OBTAINED FROM THIS SITE BEFORE
ACTING ON IT. ANY RELIANCE ON SITE CONTENT IS AT YOUR OWN
RISK. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, AMM EXPRESSLY
DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT,
AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES, OR
MERCHANDISE FOUND ON THIRD PARTY SITES THAT LINK TO OR
FROM THE SITE. AMM DISCLAIMS ANY RESPONSIBILITY FOR PRODUCT
OR SERVICE ORDERING FUNCTIONS, ORDER FULFILLMENT OR
COMPLIANCE OF PRODUCTS OR SERVICES WITH ANY
MANUFACTURER'S WARRANTIES OR SPECIFICATIONS. AMM CANNOT
BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD
PARTY SITES AND/OR RELATED SERVICES NOR DOES AMM MAKE ANY
REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY
INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD PARTY
SITES.
Limitation of Liability:
YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FURTHEST
EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES
INCLUDING, WITHOUT LIMITATION, AMM NEGLIGENCE, SHALL AMM, ITS
AFFILIATES, RELATED ENTITIES, VENDORS OR CONTENT PROVIDERS
(COLLECTIVELY, THE "AMM PARTIES") BE RESPONSIBLE OR LIABLE FOR
ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL,
INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR
INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY
TO USE THE SITE, ANY CONTENT AND/OR ANY RELATED SOFTWARE,
EVEN IF AMM OR AN AUTHORIZED AMM REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, IN
THE EVENT THE TERMS OF THIS SECTION, OR ANY PART OF THIS
SECTION, SHALL BE HELD INVALID OR UNENFORCEABLE BY A COURT
OF COMPETENT JURISDICTION, IN NO EVENT SHALL AMM's TOTAL
LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU, FOR
ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION,
WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE EXCEED
ONE HUNDRED DOLLARS ($100). IF YOU LIVE IN A STATE THAT DOES
NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIABILITY
LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION,
SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU. YOU AGREE TO
PROMPTLY NOTIFY AMM IN WRITING IF YOU BELIEVE YOU HAVE ANY
CLAIM AGAINST THE AMM PARTIES, AND, IN ANY EVENT, YOU AGREE
THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES
(OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF
LIMITATION) SHALL BE WAIVED AND RELEASED.
Indemnification:
You shall indemnify, defend, and hold harmless AMM and its sponsors,
business affiliates, vendors, content providers, subsidiaries, related
entities, affiliates, officers, directors, employees, attorneys, and agents,
from and against any and all damages, claims, and actions brought by
you or any third party resulting from (i) your use of the Site in violation
of the Terms; (ii) your violation of law; or (iii) the infringement by you of
any Intellectual Property Rights or any publicity, contract or privacy
rights of any person or entity.
Termination:
The Terms are effective until terminated by AMM. AMM may terminate,
restrict, or suspend all or part of your access to the Site and delete any
Submissions, at any time, in its sole discretion, without prior notice to
you and without any liability to you.
Governing Law & Arbitration:
Any claim relating to AMM shal be governed by the Pennsylvania laws in
regards to website use and coaching services.
To the fullest extent permitted by applicable law, no arbitration under
these Terms shall be joined to an arbitration involving any other party
subject to these Terms, whether through class arbitration proceedings
or otherwise. Notwithstanding the dispute resolution requirements set
forth above, for any injunctive relief relating to the access to, or use of,
the Site including, without limitation, related services, you agree and
hereby submit to the exclusive jurisdiction and venue of the
appropriate state or federal courts located in Westmoreland County,
Greensburg PA, U.S.A.
Waiver & Severability:
Furthermore, no delay or omission by AMM to exercise any right or any
noncompliance on your part with respect to the Terms shall impair any
such right or be construed to be a waiver by AMM. If any provision of the
Terms is found by a court of competent jurisdiction to be invalid or
unenforceable in whole or in part, such provision shall, as to such
jurisdiction, be ineffective to the extent of such invalidity or
unenforceability without in any manner affecting the validity or
enforceability thereof in any other jurisdiction or the remaining
provisions hereof in any jurisdiction, provided, however, if such invalid or
unenforceable provision may be modified so as to be valid and
enforceable as a matter of law, such provision will be deemed to have
been modified so as to be valid and enforceable to the maximum
extent permitted by law.
Mobile Devices:
Some mobile devices may not be capable of accessing the Site in its
entirety. AMM is not responsible or liable for any errors, inaccuracies,
faults, or failures arising from your attempts to access any portion of the
Site using any mobile device. Furthermore, you agree that you alone are
responsible for all access and connectivity charges imposed by your
communications carrier in connection with your use of any mobile
device.
Copyright Agent for Claims of Copyright Infringement:
Pursuant to the Digital Millennium Copyright Act, AMM designates the
agent below to receive notifications of claimed copyright infringement.
If you reasonably believe that your work has been copied in a way that
constitutes copyright infringement, you must provide to AMM's
designated agent all of the following information:
1. an electronic or physical signature of the owner or the person
authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been
infringed;
3. a description of where the material that you claim is infringing is
located on the Site;
4. your name, address, telephone number, and e-mail address;
5. a statement by you that you have a good-faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law; and
6. a statement by you, made under penalty of perjury, that the
information in your notification is accurate and that you are the
copyright owner or authorized to act on behalf of the copyright
owner.
AMM's designated agent for notification is Monika J Breymann
FMACC who may be contacted at:
By Email:
yoursolution@thefunctionalmedineacademy.com
Contract Electronically:
You agree that the Terms, combined with your act of using the Site
and/or the services offered on or through the Site have the same legal
force and effect as a written contract with your written signature and
satisfy any laws that require a writing or signature, including any
applicable Statute of Frauds. You further agree that you shall not
challenge the validity, enforceability or admissibility of the Terms on the
grounds that it was electronically transmitted or authorized. In addition,
you acknowledge that you have had the opportunity to print the Terms.
Entire Agreement:
The Terms constitute the entire agreement between you and AMM
related to your use of the Site. Any prior agreements, representations,
statements, or negotiations with respect to the subject matter of the
Terms are superseded by the Terms. You have not relied on any
representations that may have been made by AMM related to the Site.