Terms of Use

Last modified April 2024

This website is created and run by Nutritionist Answers, LLC (and any staff, contractors, editors, volunteers, interns, employees, and partners) (together, “we”, “us”, and “our”).

Throughout these Terms, the term “Functional Nutrition Library” refers to our paid membership (the “Products”), the term “Website” refers to the domain functionalnutritionlibrary.com, and the terms “User”, “you”, and “your” refer to the user who is bound by these Terms.

Before visiting the Website or purchasing Products, we recommend that you thoroughly read through these Terms of Use and the Privacy Policy (found here: https://www.functionalnutritionlibrary.com/privacy-policy/).

The Terms of Use and Privacy Policy, including any documents they expressly incorporate by reference (collectively, these “Terms”) apply to your use of the Products, and anything posted on the Website (together, “Services”), whether as a guest or a registered user.

By purchasing any Products, using any Services, visiting the Website, or clicking to accept or agree to the Terms when this option is made available to you, you verify that you have read these Terms, and agree to them. Your agreement signifies that you are the legal age of majority in your jurisdiction of residence and eligible by law to enroll in these Services. You agree by using these Services that you have provided true information as requested on the registration forms. By visiting or accessing this website, you also agree to these Terms.

You may not purchase a Product or use our Services without agreeing to the Terms of Use. We reserve the right to change or modify these Terms at any time. Any and all updates made are effective immediately and you will be notified of any changes via email and/or prominent notification on the website. By agreeing to the changes, you may continue to use our Services. If at any time you no longer agree to the Terms, you must immediately cancel your membership to the Functional Nutrition Library and suspend your use of our Services. If you violate any of the Terms of Use, we reserve the right to terminate your membership to the Functional Nutrition Library. We also reserve the right to refuse service to anyone at any time, for any reason. If you have any questions whatsoever about the content of these terms, please email us at support@functionalnutritionlibrary.com.

Please be aware that agreeing to these Terms by using the Services holds the same weight as a written and signed contract. You agree that you will not challenge the enforceability of these Terms based on the fact that they are electronic.

The headings used in these Terms are for convenience and will not otherwise impact these Terms. Our failure to enforce any right or provision of these Terms will not constitute a waiver of said right or provision.

Any new content added to the Website or Products shall also be subject to these terms.

Third Party Links

Some content within the Functional Nutrition Library will contain outbound links to other websites that contain relevant content. You acknowledge and agree that we are not responsible for the availability of these websites, and we do not endorse and are not responsible for any advertisements featured on these websites. You agree that we will never be held liable (directly or indirectly) for any losses, damages, or health concerns that may have been incurred from your use of materials, services, or content on these websites. You agree that you will use the content from these websites at your own risk.

Health Disclaimer

Any content whatsoever published on the Website is meant for informational purposes only. It should not be interpreted as medical advice, medical nutrition therapy, nutrition counseling, diagnosis, prognosis, instruction, advice, treatment, or any other medical service for any individual. It does not replace the advice of a medical professional. If you have concerns about your health, you should always consult with a medical professional. You should always consult with a medical professional before making changes to your diet, lifestyle, exercise, or supplement routines. This is especially true if you have any existing health conditions, are undergoing treatment of any kind, are elderly or pregnant, or are taking prescription medications. Do not delay consultation or treatment from a medical professional because of something read on the Website. You acknowledge that you have been advised by us on the need to obtain your own professional medical and health consultations. We do not advocate for the use of supplements or natural remedies over medical advice or treatment and no content within our Services should be construed as advice against medical treatment. Use of any information and content provided by our Services is 100% AT YOUR OWN RISK.

We make no claims that we are providers of medical services, as defined by federal laws and regulations that pertain to medical providers or other healthcare related matters. We do not have any obligation in regards to the details or appropriateness of the User engaging in our Services, the results (or lack thereof) of the User engaging in our Services, or any other health-related matters pertaining to the User’s use of our Services. We do not assume liability for any actions taken by Users after engaging in our Services and do not assume any liability for potential misuse of supplements or lifestyle changes. We do not claim that unforeseen side effects won’t potentially occur when making any diet, supplement, or lifestyle changes, even when following recommended protocols and we do not assume responsibility for any side effects or adverse effects from practices mentioned within our Services.

Service Disclaimer

We do our best to ensure continued service of the Website. In the event of any emergency repairs, natural disasters, or unforeseen technological errors or events that may interrupt our Services, you agree to under no conditions hold us liable for any losses, lack of availability, discontinuance, suspension, or termination of our Services. You agree that your access and use of, or inability to use, our Services is on an ‘As Is” and “As Available” condition, without any warranties, representation, or conditions of any kind, either expressed or implied. This includes, but is not limited to, all implied warranties or conditions of merchantability, merchantable quality, title, non-infringement, durability, or fitness for a particular purpose. No information obtained by the User from the Services will create any warranty not expressly stated herein.

We also reserve the right to modify Services at any time, and will not be held liable for any price increases, service changes, or discontinuation of Services. We are not responsible for any technical malfunctions of online systems, servers, service providers, or email accounts that prevent the timely delivery of our Services. We are also not responsible for any damages that may occur from downloading any content from the Website. Use of these Services is at your own risk.

No Guarantees

We make no guarantees in regard to any of the recommendations or advice given on the Website or other Services. While the advice provided may have worked for us or others, there is no guarantee that it will also work for you, or that if you do the exact same steps you will see the same results. Please use and implement the advice at your own risk.

Submissions

If you submit any content to us, you grant us permission to use the submitted content in our business. This includes, but is not limited to, comments, testimonials, and feedback. You agree to give us the rights to copy, distribute, transmit, publicly display, post on social media, reproduce, translate, edit, and reformat your submission, without compensation. We are not obligated to use the submission, but we reserve the right to at our discretion. We also reserve the right to delete any submissions at our discretion.

Indemnification

You agree to hold us (Nutritionist Answers, LLC and all staff, contractors, volunteers, interns, employees, and partners) harmless and indemnify us from and against any third-party claim(s) arising from your use of our Services. This includes, but is not limited to, any liability or expenses arising from all claims, losses, damages, suits, judgments, litigation costs, and attorney fees. You also agree to relinquish any and all rights or benefits you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

Limitation of Liability

User agrees to use the Services at their own risk, and in no scenario shall we be held liable for any:

injury, loss, or claim or any incidental, indirect, special, punitive, or consequential damages of any kind, including, but not limited to, loss of income, loss of profits, loss of revenue, lost savings, lost data, or replacement costs, or any similar damages, whether based in strict liability, tort (including negligence), or otherwise, arising out of the Users use of our Services; or
other claims related to the User’s use of our Services, including, but not limited to, errors or omissions in any content, any loss or damage of any kind related to the use of our Services, or any content published, transmitted, or otherwise made available on the Website,

regardless of the foreseeability. Since some jurisdictions do not allow the exclusion or limitation of liability for consequential or inconsequential damages, in such locations, our liability will be limited to the maximum extent permitted by law.

Applicable Law

You agree that by using our Services, the laws of the United States and the state of California will govern these Terms and any dispute that may arise between you and us. You hereby consent to the exclusive jurisdiction of the state or federal courts in California for all disputes arising out of or in connection to the use of our Services.

Additional Information

Please also review our Privacy Policy located here: www.functionalnutritionlibrary.com/privacy-policy/

All personal information submitted by Users is governed by the Privacy Policy.

Purchase & Use Information

The Functional Nutrition Library is a monthly or annual subscription service that provides ongoing access to educational content to subscribers. When you subscribe to these Services, you are committing to a recurring charge on your credit card to continue membership and receipt of Services. Charges are processed monthly or annually, depending on which plan was purchased, and we are not able to offer prorated refunds at this time. Once payment has been processed, it is non-refundable.

In order to make a purchase, you will need to create an account on the Website with an associated username and password. You agree to be solely responsible for maintaining the security of your account. You agree to be fully responsible for any activity that occurs within your account, whether or not your authorized it or not. You agree to not use the Website or Services for any illegal or fraudulent activities or to introduce any information or content that may be harmful to others, including, but not limited to, any malicious code or spyware or content that is libelous, slanderous, defamatory, or that promotes hate or violence.

You agree that in the process of creating and maintaining your account, you may need to provide us with information about yourself and you represent and warrant that the information you provide is accurate and up to date. You agree to update your account information in a timely manner if it changes. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Credit card information entered on the Website is always encrypted when transferred between networks. We use Stripe as our payment processor for any purchases made on the Website.

We are not responsible for any fraudulent charges made to your account or stolen logins or passwords. You agree to notify us immediately at support@functionalnutritionlibrary.com if any suspicious or unauthorized activity has occurred on your account.

Each membership is to be used by one person only. Do not falsely create accounts for any other individuals. Do not share your account with anyone else. If you enjoy our Services, please share the Functional Nutrition Library sign-up page, and encourage others to sign up for a paid membership themselves. If we find that you are in violation of these terms, we will immediately terminate your membership with no refund. You are responsible for any fees, including, but not limited to, internet or mobile fees, incurred while using these Services.

Pricing and descriptions for Services are subject to change at any time, without notice. We reserve the right to change or terminate any Products or Services (or components thereof) at any time, without notice. We do not guarantee that the quality of the information provided within the Services will meet the User’s expectations or that any errors within the Services will be corrected.

Cancellation of Subscription

If you cancel your membership, that means that any future scheduled recurring payment will not be processed, and will never be processed unless your membership is resumed. You will continue to have access to the protected content for the time that remains on your paid membership.

You may cancel your subscription at any time by clicking the “Cancel Subscription” link in the “Account” area of the website. If you are dissatisfied with any portion of the Services, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Services.

We reserve the right to cancel or refuse Services to any User at any time, including any orders that appear to be placed by resellers or distributors.

No Refunds

All sales are final, and we do not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund or pro-rated refund for any purchase under any circumstances.

Intellectual Property Rights

All content available on the Website is written in the author’s own words, unless otherwise indicated. All the materials available on the site are protected by copyright, trademark, and other intellectual property laws. You agree to use the site solely for personal noncommercial use. Unauthorized copying, reproducing, republishing, duplicating, downloading, uploading, posting, transmitting, translating, selling, reselling, exploiting, distributing, or creating derivative works of the information contained within our Services without our explicit consent is not allowed and will be prosecuted to the fullest extent available under the law. This includes, but is not limited to, transmitting the information via email or other electronic means without consent. You are allowed to print the material for personal, non-commercial use, including when seeing clients in your private practice or when teaching, as long as proper attribution is given, for example, by placing “© functionalnutritionlibrary.com” at the beginning or end of the material.

By posting any information on the Website, including, but not limited to, comments or information on discussion boards, you agree that you are not violating any copyright or intellectual property laws. You also agree that the Website is not obligated to keep any comments private, to pay users for comments, or to respond to any comments. Once comments are left, they become the intellectual property of Nutritionist Answers, LLC.

You agree to refrain from posting comments that may be libelous, profane, abusive, or obscene. We reserve the right to delete or block comments made by users at any time, for any reason, and without explanation. We also reserve the right to disclose your information and/or identity to any third party who files a complaint that your comment has violated their copyright or intellectual property rights.

We have the right and may be required by law to comply with any law enforcement investigations or court orders that require the release of identifying information about anyone posting content on the Website. You agree to waive and hold harmless Nutritionist Answers, LLC including, but not limited to, any staff, contractors, volunteers, interns, employees, and partners from any claims that may result from any of these types of investigations.

While we do our best to review content regularly, we are under no obligation to remove offensive or objectionable material as soon as it is posted. Nutritionist Answers, LLC is not held liable for any violations made by users of the Website. You agree to access the content and Services at your own risk.

You may hyperlink back to the Website, as long as the link does not imply that we sponsor or endorse anything on your site without our express consent. However, you may NOT frame or inline link any of the content of the Website, or incorporate into another website or other service, any of our material, content, or intellectual property without prior written permission. You may not use any trademarks, trade names, logos, images, text, service marks, graphics, or the compilation thereof, contained in our Services without express written permission from Nutritionist Answers, LLC. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Disclaimers

All Services are provided on an “as-is” basis, with no express or implied warranties of any kind. We disclaim all warranties to the fullest extent allowable under the law, including, but not limited to, any implied warranties of the use of the information for any particular purpose.

We do not warrant that the site or its contents will be error-free, accurate, timely, or reliable, although efforts will be made to correct errors when found. Typographical errors, omissions, and inaccuracies may exist. We are not responsible if the content in the Services is not accurate, complete, or current and are under no obligation to update, amend, clarify, or make corrections to the content contained within the Services except as required by law. No publish dates or updated dates should be taken to mean that all of the information has been updated or refreshed. You agree that it is your responsibility to monitor for any changes or updates to content within the Services.

The information and content provided in the Services is meant for general informational purposes only and is not intended to be used as the sole source for making decisions. Always consult primary sources, other professionals, and more accurate, complete, or timely sources of information. We do not endorse any specific supplements, protocols, tests, or products that may be mentioned within the Services.

Some content may include advice from guests who are not affiliated with us. We make no claims unto the accuracy or validity of any advice given by these guests. All individuals who provide guest contributions to the site agree to give us the intellectual property rights to the content.

We shall not be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

By using our Services, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available within our Services or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended within our Services.

Severability

If any provision of these Terms is held to be unenforceable, unlawful, or void, such provision shall still be enforceable to the fullest extent of the law, and the unenforceable provision shall be severed from these Terms without affecting the validity or enforceability of the remaining provisions.

Dispute Resolution

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, our Products or Services, Nutritionist Answers, LLC, any and all contracts you enter into with us. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Livermore, CA.

International Users

These Services are controlled, operated, and administered by us from our offices within the USA. If you access the Services from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through the Website or Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Termination and Access Restriction

We reservee the right, at our sole discretion, to terminate your access to the Website and Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to the Dispute Resolution Clause above. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

No Joint Venture or Other Business Relationship

Users and guests of this Website and Services do not have any form of employment relationship with The Functional Nutrition Library or Nutritionist Answers, LLC.

Copyright

Entire Agreement

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between the User and us with respect to the Website and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and us with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Takedown Requests

If the User believes any content within the Services infringes on the Users copyright, the User may request removal of said content by contacting us via one of the methods below.

In the request, please include the specific information the User believes violates the copyright and where it is located on the Website, identification of the copyrighted work that is believed to be infringed upon, and the User’s contact information.

Contact Information

If you have any questions or concerns about these Terms, please contact us using the following information:

Nutritionist Answers, LLC
2131 W Republic Rd #548
Springfield, MO 65807
(417) 233-1853
support@functionalnutritionlibrary.com