By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services as part of the Functional Media Content Bank Membership Site (“Membership”) operated by Functional Media, Llc (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms:

1. TERMS OF MEMBERSHIP.

Upon purchase and execution of this Agreement, Client will be provided with the following content and/or services as detailed on functional-media.com (“the Website”) and selected prior to purchase. Content, programs, and/or services (collectively known as “the Services”) may include but are not limited to:

Written and Design Social Media Content Templates delivered monthly

The scope of Services rendered by the Company pursuant to this Agreement shall be limited to those contained herein and/or provided for on Company’s Website as part of the Membership.

The Company reserves the right to substitute Services equal to or comparable if reasonably required by the prevailing circumstances.

The Company may from time to time offer extra Services to Client for an additional fee.

The content included in the Membership Site is for your individual, non-commercial use. Client agrees not to share login details and/or materials with any third parties.

Client will have access to the Membership Site while Client is a paying and active member.

At any point should Company be terminating the Membership Site, Client will be given at least sixty (60) days notice.

Client has the option to cancel membership at any time in writing via email to the Company or via the Membership Site and cancellation will take effect within 48 hours after receiving the notice. Company reserves the right to remove Client from the Membership at any time for any reason.

2. AUTHORIZED TERMS OF USE OF TEMPLATED CONTENT BY CLIENT

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Membership Templates and resources, including written and design templates. These templates must be customized to your needs, while the original content remains the property of the Company. When images are provided in templates, they are sourced from the Canva image library and apply to the copyright terms and licensing described by Canva. Client is solely responsible for ensuring their use of images is licensed according to their agreement with Canva, which may require separate purchase of a paid Canva account.

Permitted Use:

Client may use the content for organic posting to all personal or business social media accounts owned by Client.

Client may modify and adapt the content to meet Client’s needs.

Client may use the content for “boosted” posts but no other paid advertisements.

Client may use the content for email newsletters to a subscriber list owned by Client.

Client may use the content in educational handouts or guides that are not for sale.

Client may use the content for a blog owned by Client.

Not Permitted:

Client may not use the content for any individual or business except owned by Client. For example, if Client is a social media manager for multiple clients, each client must maintain an individual membership license to use the Membership content.

Client may not share the template links in any way that will allow others to download, modify, or access the content.

Client may not use the content in a fraudulent, defamatory, pornographic, harassing, illegal, or offensive manner.

Client may not publish the content to a third party, such as a magazine or online journal.

Client may not use the content in paid advertisements except as “boosted” posts.

Client may not claim the original work as Client’s own.

Client may not resell the product.

3. PAYMENT AND REFUND POLICY.

Upon execution of this Agreement, Client agrees to pay to the Company the purchase amount as stated on the Website.

No refunds will be provided.

Monthly Membership: With initial payment as listed on checkout page, Client commits to a one (1) month term to the Membership, at the end of the initial term or at anytime thereafter, Client will be billed on a monthly basis.

Bi-Annual Membership: With initial payment as listed on checkout page, Client commits to a one (6) month term to the Membership, at the end of the initial term or at anytime thereafter, Client will be billed on an bi-annual basis.

Annual Membership: With initial payment as listed on checkout page, Client commits to a one (12) month term to the Membership, at the end of the initial term or at anytime thereafter, Client will be billed on an annual basis.

After the initial term, Client will automatically be moved into the Membership. Client will then be charged payment according to their selected payment plan: every thirty (30) days, every six (6) months, or every twelve (12) months, at which time the payment will be automatically debited via the account information included upon purchase.

Coupons and Other Discounts. From time to time, the Company may choose to offer coupons, run special promotions, or otherwise put its products and programs on sale. If You purchase using a coupon or during a promotion or other sale, You agree to pay the fees set forth during the checkout process at the time of Your purchase. All other elements of these Terms and Conditions shall apply to such purchases without change.

Credit Card Authorization. Each party hereto acknowledges that Company will charge the credit card chosen by the Client on the dates and for the amounts specified upon purchase and as included in this Agreement.

In the event Client fails to make any of the payments as outlined above, Company has the right to immediately disallow services and benefits of the Membership until payment is paid in full.

4. DISCLAIMER. By participating in the Membership, Client acknowledges that the Company makes no guarantees as to the outcome of any Services, sessions, teachings, or modules accessed through this Membership. By participating in this Membership, the Client acknowledges that the Company does not warrant the accuracy of any information provided, is not liable for any losses the Client may suffer by relying on modules, content, guest speakers, videos, services, or products. Use of Membership is at Client’s own risk. Any use of videos requiring physical activity are done at Client’s discretion and the Company will not be held liable for any injury that could result from utilizing videos.

By participating in the Membership, Client acknowledges that the Company nor any of its representatives are medical doctors, psychologists, therapists, or financial advisors, and content and/or services do not replace the care of other professionals. Services provided herein are in no way to be construed or substituted as medical advice, psychological counseling or any other type of therapy or advice.

Any testimonials or examples shown through the Company’s Website are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Membership and/or Services. You acknowledge that the Company has not and does not make any representations as to success of any kind that may be derived as a result of use of it’s programs, products or Services.

The Company may provide the Client with information relating to products that the Company believes might benefit the Client. The Company is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided. The Company may provide Client with third-party recommendations for such services as photography, marketing, technology, business, health, or other related services. The Company may be involved in affiliate relationships with certain third-parties for such recommendations and will inform Client when this is the case. Client agrees that these are only recommendations and the Company will not be held liable for the services provided by any third-party to the Client.

5. RECORDING AND REDISTRIBUTION OF CALLS. Client acknowledges that group calls and/or trainings may be recorded. Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of separate offerings sold by the Company.

6. RELEASE. Client agrees that the Company may use any written statements, images, audio recordings or video recordings of Client obtained while enrolled in the Membership. This includes any content Client may publish to social media accounts and online forums as well as any statements, images or recordings, captured about Customer's participation in the Membership.

Client waives any right to payment, royalties or any other consideration for Company’s use of such written statements, images, audio recordings and video recordings and Client waives the right to inspect or approve the finished product used by Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Client, their heirs, representatives, executors, administrators, or any other persons acting on Client’s behalf or on behalf of the Client estates have or may have by reason of this authorization.

7. INTELLECTUAL PROPERTY RIGHTS. In respect of the Material specifically created for the Client as part of this Membership, including modules, videos, documents, or other content (known collectively as the “Material”), the Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Client, nor grant any right or license other than those stated in this Agreement.

Client may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Website, content or intellectual property, in whole or in part without our prior written consent. Any unauthorized copying, reverse engineering, redistribution, reproduction, publication or modification of Website content by any person without Company’s prior written authorization is strictly prohibited, may be a violation of federal or common law, trademark, and copyright laws and may subject such a violator to legal action.

8. DISCLAIMER OF WARRANTIES. The Services provided to the Client by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.

9. LIMITATION OF LIABILITY. By using the Company’s Services and purchasing this Membership, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that the Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Membership. Client agrees that use of this Membership is at user’s own risk.

10. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Denver, CO or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

11.GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado within the United States of America, regardless of the conflict of laws principles thereof. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

12. NOTICES. All notices, requests, demands, and other communications under this Agreement shall be in writing submitted to [email protected].

13. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.