In connection with, and as a condition of your enrollment in FMCA programs, and to fully experience and gain the most benefit from FMCA programs you agree:
I.Eligibility Criteria
The information provided by you regarding your education, training and experience is true and accurate.
You have performed your own research to determine whether there is an existing market for Functional Medicine coaches and understand that we do not provide market research, lead generation services or business referral services.
II.Program Overview:
FMCA Health Coach Training Program
While enrolled in FMCA, you shall conduct yourself in strict compliance with the FMCA Code of Conduct for Students (Exhibit A).
By being accepted as a candidate for certification and successfully completing the FMCA Health Coach training program, you will, subject to the terms of this Agreement, be:
1.Certified as a “Functional Medicine Certified Health Coach”
2.Licensed to use the FMCA trademarks and copyrighted materials within the strict guidelines set forth below
As a Functional Medicine Certified Health Coach you may:
Advertise yourself as a “Functional Medicine Certified Health Coach,” ‘FMCA Certified Health Coach’ or ‘Certified by FMCA’ (within FMCA’s strict guidelines as to brand / logo use as may be communicated by FMCA from time-to-time).
While a student of FMCA, you may use the credential, “Functional Medicine Certified Health Coach (Candidate) or FMCHC (Candidate). You may not refer to yourself as a “FMCA Certified Health Coach,” “Functional Medicine Certified Health Coach,” “FMCA approved coach.”
FMCA Functional Nutrition Training Program
By being accepted as a candidate for certification and successfully completing the FMCA Functional Nutrition training program, you will, subject to the terms of this Agreement, be:
Certified as a “Functional Medicine Certified Health Coach - Functional Nutrition Specialist” (FMCHC-FNS), provided you are a graduate of FMCA’s Health Coach certification program.
If you are not a graduate of FMCA’s Health Coach certification program, you will be provided a badge demonstrating completion of the Functional Medicine course. You may not represent yourself as a Functional Nutrition Specialist.
Licensed to use the FMCA trademarks and copyrighted materials within the strict guidelines set forth below
As a Functional Medicine Certified Health Coach, Functional Medicine Certified Health Coach – Functional Nutrition Specialist, Functional Nutrition graduate or as a Functional Medicine Certified Health Coach (Candidate) you may not:
Advertise or define yourself as “IFM Certified,” Institute for Functional Medicine Certified Health Coach,” “IFM Practitioner,” “Functional Medicine Practitioner,” or “Trained in Functional Medicine.”
Advertise or define yourself or your services as ‘FMCA Approved, or as a ‘partner' of FMCA or IFM.
Deliver programs or classes described as 'FMCA programs” that have been altered or changed in any significant way.
Use FMCA trademarks, logos or other intellectual property in any way at all other than as specified by FMCA.
Use IFM materials contained in the FMCA curriculum. IFM materials are only for use in your training by FMCA.
Engage in any activities, which are outside the scope of your education, credentials, qualifications or state and local licensure requirements.
III.License:
1.Subject to the terms and conditions in this Agreement, while you are an active student or a graduate, FMCA hereby grants to you a non-exclusive right, license and privilege use (but not to sublicense) FMCA’s designated trademarks, copyrighted materials and FMCA program materials (The “Licensed Marks & Content”) It is specifically acknowledged and agreed that FMCA remains unrestricted with regards to its use and/or licensing of its marks, content and programs to others in any location.
2.You agree:
You will constantly use your best efforts in the use of the Licensed Marks & Content in a manner that protects the good name and goodwill associated with the Licensed Marks & Content and FMCA.
You will not attack the title of FMCA in and to the Licensed Marks & Content or any copyrights or trademarks pertaining thereto, nor will it attack the validity of the license granted hereunder;
You will use the Licensed Marks & Content in an ethical manner and in accordance with the terms and intent of this Agreement, and in compliance with all applicable material government laws, regulations and industry standards;
FMCA shall have the right to approve all uses of the Licensed Marks & Content or derivative uses thereof.
For FMCA’s Health Coach Certification, you have confirmed that you can access Zoom, a video-conference platform, for required Live Training Sessions. Live training sessions occur approximately three times per month and attendance via Zoom is required. Some countries legally restrict or block access to Zoom which could interfere with your ability to successfully complete the FMCA program. It is each student's responsibility to research the laws that apply to them. More information may be found atsupport.zoom.us. Countries that allow or block Zoom (and other platforms used such as Canvas) can change at any time. Please take note of the FMCA Refund and Deferment Policy as they would apply per usual.
For FMCA’s Health Coach Certification, You agree to make every reasonable effort to attend your live training sessions within the parameters of FMCA’s attendance policy (4 absences). Please note that missing 10 or more minutes of a live training session will constitute an absence. You may request to switch to a different live training session within the first 30 days of the program. Requests will be granted based on availability. Requests outside this time frame will be reviewed at FMCA’s discretion.
The courses will be administered in the “LearnWorlds” learning management system. You agree to the terms of the attached Addendum relating to the LearnWorlds.
Refunds, minus the $500 non-refundable deposit, are available from the point of enrollment until 30 days after the class start date. Class start dates are either March 1st or September 1st, respectively. During that time period, Students are eligible for a refund of tuition paid minus a $500 non-refundable deposit. There will be no refunds after the 30-day refund period (March 30th and September 30th). Students on payment plans, either through FMCA or a third party financier, who withdraw after 30 days from the class start date will still be responsible for paying the balance of their tuition owed. If you want to withdraw after the class has started, you will be required to sign the Withdrawal Agreement and are encouraged to complete an exit interview with the Director of Student Services to review your reasons for departure.
Students on payment plans through Affirm or a third party financier may be subject to additional terms and conditions. Please refer to their individual policies for more information.
BUNDLE REFUNDS
FMCA may offer a bundle that includes the Health Coach Certification Program and the Functional Nutrition training program. Customers who purchase this bundle will be subject to the Health Coach Certification refund policy detailed above.
FMCA may offer a bundle that includes the Health Coach Certification Program, the Functional Nutrition training program, and the Alumni Program. Customers who purchase this bundle will be subject to the Health Coach Certification refund policy detailed above.
FMCA may offer a bundle that includes the Functional Nutrition training program and the Alumni Program. Customers who purchase this bundle will be subject to the Asynchronous refund policy detailed below.
ASYNCHRONOUS COURSES REFUND POLICY
Refunds for asynchronous or self-paced courses delivered via LearnWorlds, such as FMCA’s Functional Nutrition training program, may be requested within 14 calendar days of purchase, provided that no more than 20% of the course content has been accessed. To request a refund, email support@functionalmedicinecoaching.org with your full name, email address, and course name.
Refunds will not be granted beyond this window or access threshold.
HEALTH COACH CERTIFICATION DEFERMENT POLICY
Students have the option to defer to a later class with a reinstatement fee (See fee schedule below). This fee will be due 15 days prior to the class start date. Students are allowed to defer up to two times total before being withdrawn from the program and will be responsible for paying the balance of any tuition owed. When choosing to defer, you may select a new enrollment within one year of your current class enrollment. Students who defer are held to the refund period of their original class and are ineligible for a refund.
Deferrals are allowed during the first eight months of the program. Any tuition paid will be forfeited if the student does not complete the program after deferring up to two times. Students on FMCA payment plans will be given the option to indicate within their deferment agreement if they would like to pause their payment plans until 15 days prior to their new start date. Students with payment plans provided by our financial partners must continue to pay their tuition on the schedule specified by that partner.
In the event of a tuition increase, FMCA reserves the right to require a student to pay the difference from their original tuition at the time of reenrollment.
HEALTH COACH CERTIFICATION REINSTATEMENT FEE SCHEDULE: The reinstatement fee for deferment varies based on the class month you are in when you sign the Deferral Agreement. (E.g., For a student with a September 1 start date, October 1-31st is month two, November 1-30th is month three, etc.)
ENROLLMENT POLICY
For the Health Coach Certification, late enrollments are not permitted beyond the first 30 days of class; incoming students must be prepared to start class on time.
If you choose to withdraw from FMCA before completing the program or are expelled from FMCA for unethical conduct, you must promptly discontinue any and all use of the Licensed Marks & Content and are no longer authorized to identify yourself as a Functional Medicine Certified Health Coach.
Failure to complete requirements of the Health Coach Certification program through lack of communication will suspend your graduation and require an obligatory withdrawal from the program. If this should occur or if you have requested to withdraw and you wish to resume the program, you will be required to apply, pay tuition and start the program from the beginning, and all prior time (Live Training Sessions) and assignments will need to be repeated.
I understand that Enrollment is non-transferable under any circumstances.
IV.Content:
Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice or counseling tailored to any individual.
All materials, procedures, policies, and standards, all manuals, all teaching aids, and the like that have been or will be made available by FMCA or its designated facilitators, or any other source, oral or written, are for personal use in or in conjunction with this training program only.
Program content is for personal use only, and may not be sold, tape recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of FMCA, or its designated agent.
Handouts and resource tools that have been specifically designated as appropriate for distribution to clients and/or students may be used for educational purposes. FMCA coaches who wish to give these materials to their clients and/or students agree to preserve both FMCA and IFM trademarks and copyright protections. IFM materials are only useable during your training by FMCA.
The information contained in program material is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this material, you are taking full responsibility for your actions.
We assume no responsibility for errors or omissions that may appear in any program materials.
Continued access to materials in our learning management system is provided at FMCA’s sole discretion. Please download all materials to ensure continued access.
V.Privacy & Confidentiality:
We respect your privacy and must insist that you respect the privacy of fellow program participants.
Thus, you agree:
not to infringe any FMCA program participants or FMCA's copyright, patent, trademark, trade secret or other intellectual property rights;
that any Confidential Information shared by program participants or any representative of FMCA is confidential and proprietary, and belongs solely and exclusively to the Participant who discloses it or FMCA;
not to disclose such information to any other person or use it in any manner other than in discussion with other program participants during program sessions;
that all materials and information provided to you by FMCA are its confidential and proprietary intellectual property belong solely and exclusively to FMCA, and may only be used by you as authorized by FMCA;
the reproduction, distribution and/or sale of these materials by anyone but FMCA is strictly prohibited;
that if you violate, or display any likelihood of violating, any of these provisions, FMCA will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations
understand that in the case of harm to yourself, harm to others or risk of someone doing harm to you a break in confidentiality will be required as FMCA staff and faculty and your fellow classmates are considered mandated reporters. This includes, but is not limited to, the Live Training Sessions, Breakout rooms, discussion boards, and any other portion of the Program in which we may come to find this information out about you or another student.
For Health Coach Certification students, to participate as a client in the Live Training Sessions and during your PSD/PSA sessions. As a learning experience, you do not have to use real details of your life and may make up scenarios to be coached about. Being an active participant in the coaching and learning process is essential to your growth as a future coach. You consent to these sessions being recorded for grading and review purposes. FMCA maintains the rights to all PSA/PSD recordings. You consent to email communication with your PSA partner via the email address provided to FMCA.
During your training with FMCA not to directly or indirectly, for yourself or on behalf of any other person or entity: contact, solicit or communicate with any active student of FMCA, (or its affiliates) unless part of a previously approved joint-venture arrangement or with the prior approval of FMCA; or, solicit, divert, employ, engage or hire any active employees of FMCA; or, or, engage in the rendering or sale of any services, for yourself (including the establishment of a new company) or for others using the work product prepared by you for FMCA in competition with FMCA.
VI. The occurrence of any of the following events shall constitute an event of default and shall afford FMCA the right to terminate this Agreement: a. if you default in the performance of any of your material obligations provided for in this Agreement and such failure continues uncured for a period of ten (10) days after receipt of written notice thereof from FMCA; or, b. if you shall materially fail to comply with any laws, regulations or voluntary industry standards.
VII.Governing Law and Jurisdiction. Any dispute or claim arising out of or in connection to this Agreement will be governed by Illinois Law in Chicago, Illinois.
VII.Nothing in this Agreement shall constitute either party, as the general or special agent, legal representative, subsidiary, joint venturer, partner, employee or servant of the other for any purpose, nor shall anything in this Agreement cause the employees of either party to be employees of the other.
IX.We agree to act in good faith and use our best efforts to comply with our obligations under this Agreement, and shall cooperate in accomplishing the purposes of this Agreement. Further, neither of us shall directly or indirectly engage in any activities which would be detrimental to or interfere with the operation or reputation of the other party.
I HAVE READ THE FOREGOING AGREEMENT AND HEREBY AGREE TO AND ACCEPT EACH AND ALL OF THE FMCA CERTIFIED COACH PROVISIONS.
The following provisions apply to FMCA courses delivered asynchronously through our LearnWorlds platform, such as "Functional Nutrition for Coaches."
Platform Access and Use
By creating an account, logging in, or accessing any course materials through the LearnWorlds platform, you agree to abide by FMCA’s Terms of Participation and Privacy Policy. Continued use of the platform constitutes binding acceptance of these terms.
You are responsible for maintaining the confidentiality of your login credentials. Sharing your account or providing unauthorized access is strictly prohibited and may result in termination of access without refund.
Content Usage Rights
All online course materials on the LearnWorlds platform are for your personal, non-commercial educational use only.
Redistribution, resale, or republication of any course materials, in part or in whole, without FMCA’s written permission is strictly prohibited.
Platform Availability and Third-Party Services
While FMCA endeavors to provide uninterrupted access to the LearnWorlds platform, we do not guarantee 24/7 availability. Scheduled maintenance, technical issues, or third-party outages may occur.
FMCA is not responsible for the performance, reliability, or content of third-party services used within the course, including Zoom, Canvas, or payment processors. Use of those services is subject to their respective terms and privacy policies.
Data Protection and Privacy
FMCA is committed to protecting your personal data and complies with applicable privacy regulations, including the General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA).
You may request access, correction, or deletion of your personal information by contacting support@functionalmedicinecoaching.org.
Right to Suspend or Revoke Access
FMCA reserves the right to suspend or revoke your access to the course if you violate these Terms, including sharing materials, breaching confidentiality, or exhibiting disruptive behavior.
Legal Jurisdiction
These terms are governed by the laws of the State of Illinois. Any disputes related to asynchronous online courses will also be subject to binding arbitration in Chicago, IL, regardless of where the student is located.
I agree to conduct myself in a professional and ethical manner and observe all rules for online etiquette at all times while enrolled as a student at FMCA.
The following represents behaviors that are considered inappropriate and dishonest: All forms of academic cheating, fraud and dishonesty, including but not limited to plagiarism, buying and selling course assignments, performing academic assignments and exams for other persons, unauthorized disclosure and receipt of academic information; inappropriate use of technology and other practices commonly understood to be dishonest.
Cheating is the attempted or unauthorized receipt, use or provision of information, notes, learning aids, devices or communication during an examination, quiz or other assessment of student learning, or the misrepresentation of identity on tests, assignments, or learning activities. This includes, but is not limited to, copying of other students’ work (or allowing students to copy one’s own work), unauthorized collaboration during a test or on an assignment, falsification of identity on a test or assignment, unauthorized use of electronic devices during a test, changing answers on an examination that has already been scored, unattributed submission of papers produced by other persons or commercial entities, use of unauthorized reference materials (including online resources) during online assessments, and unauthorized attempts to remove examination materials from the test area or to reproduce test materials for the purpose of allowing other persons to use those materials. Cheating by students is grounds for dismissal.
Plagiarism is the use of distinctive ideas or works belonging to another person without providing adequate acknowledgement of that person’s contribution. Plagiarism is a form of academic dishonesty consisting of the presentation of someone else's ideas, writings, or other original works as her/his own without appropriately attributing credit to the original source. It may include portions or the entirety of the original work. These original works include, but are not limited to, published works (books, journals, newspapers, magazines, theses, etc.), speeches, other student’s papers or reports, proposals, graphics, images, multimedia, web pages, computer programs, research data, and presentations. Plagiarism by students is grounds for dismissal.
Online Learning Community Etiquette
I agree to conduct myself in a polite, ethical and professional manner while engaging in large or small group discussions. I agree not to personally attack my fellow classmates, including use of profanity or racial and ethnic slurs, over any ideas I disagree with that are expressed in an online discussion forum.
I understand that violation of this code of conduct will be grounds for expulsion from FMCA
The following are our core values and guiding principles:
Teamwork: Act as a giver rather than a taker.
Kindness: Help others and challenge with compassion rather than negativity
Creativity: Encourage ideas with yes, and… rather than yes, but…
Courage: Stand up for what’s right and persevere despite obstacles
Honesty: Take responsibility for one’s feelings and actions
Gratitude: Appreciate the goodness of others and express thanks
Fairness: Give everyone a fair chance rather than letting feelings bias decisions
Forgiveness: Accept the shortcomings of others
Leadership: Take initiative to ensure goals are met and show humility in one’s actions.
Hope: Expect the best and work to achieve it
Humor: Have fun and bring smiles to others
Zest: Embrace activities whole -heartedly, with energy and excitement
DEI COMMITMENT STATEMENT
FMCA is committed to attracting and retaining a diverse staff and student body. FMCA will honor your experiences, perspectives, and unique identity. Together, our community strives to create and maintain working and learning environments that are inclusive, equitable, and welcoming. We believe diversity benefits and enriches the development of all of our students, staff, and faculty.
Diversity is a core value of FMCA. We believe the power of diversity enriches all of us by exposing us to a range of ways to understand and engage with the world, identify challenges, and to discover, design, and deliver solutions. We are passionate about building and sustaining an inclusive and equitable working and learning environment for all students, staff, and faculty.
DEI definitions
Diversity, equity, and inclusion (DEI) is not just a phrase; each word speaks to distinct values. In having conversations with candidates, it is helpful to purposefully provide definitions for diversity, equity, and inclusion allowing for a thoughtful conversation.
Diversity: The representation of different and unique identities, characteristics, experiences, and perspectives.
Equity: Giving everyone what they need to succeed by increasing access, resources, and opportunities for all; especially for those who are underrepresented and have been historically disadvantaged.
Inclusion: A welcoming culture in which differences are celebrated and everyone is valued, respected, and able to reach their full potential.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND FMCA MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:
THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND COURSES OF STUDY AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
THE EDUCATION AND INFORMATION PRESENTED HEREIN IS INTENDED FOR A GENERAL AUDIENCE AND DOES NOT PURPORT TO BE, NOR SHOULD IT BE CONSTRUED AS, SPECIFIC ADVICE TAILORED TO ANY INDIVIDUAL.
The information contained in this program (including but not limited to content in any format) is based on sources and information reasonably believed to be accurate as of the time it was recorded or created. However, this material deals with topics that are constantly changing and are subject to ongoing changes related to technology and the market place as well as legal and related compliance issues. Therefore, the completeness and current accuracy of the materials cannot be guaranteed.
Any case studies, examples, illustrations cannot guarantee that the user will achieve similar results. In fact, your results may vary significantly and factors such as your market, personal effort and many other circumstances may and will cause results to vary.
THE INFORMATION PROVIDED IN THIS PRODUCT IS SOLD AND PROVIDED ON AN “AS IS” BASIS. FMCA DOES NOT PROMISE OR GUARANTEE ANY INCOME OR PARTICULAR RESULT FROM YOUR USE OF THE INFORMATION CONTAINED HEREIN.THOSE RESULTS ARE YOUR RESPONSIBILITY AS THE END USER OF THE PRODUCT. (SOME STATES DO NOT ALLOW LIMITED WARRANTIES, SO THIS MAY NOT APPLY TO YOU.) IN PARTICULAR, FMCA SHALL NOT BE LIABLE TO USER OR ANY OTHER PARTY FOR ANY DAMAGES, OR COSTS, OF ANY CHARACTER INCLUDING BUT NOT LIMITED TO DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR OTHER COSTS OR DAMAGES, IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT OR SERVICES. THESE LIMITATIONS MAY BE AFFECTED BY THE LAWS OF PARTICULAR STATES AND JURISDICTIONS AND AS SUCH MAY BE APPLIED IN A DIFFERENT MANNER TO A PARTICULAR USER.
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by FMCA infringe your copyright, you, or your agent may send to FMCA a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon FMCA actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to FMCA a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. FMCA’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: info@functionalmedicinecoaching.org.
This Agreement shall be binding upon and inure to the benefit of FMCA and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of FMCA Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by FMCA to any affiliated entity or any of its wholly owned subsidiaries.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
