By clicking "Subscribe," "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 and/or courses by Melanie Burton ("Teacher"), acting on behalf of Functional Media, LLC ("Company"), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions.
Monthly: six-month initial commitment, then month-to-month. After the initial term you can cancel at any time, as long as it's before your next billing date.
Annual: paid yearly and renews for another full year unless you cancel before your renewal date.
No refunds. Founding pricing is locked while you stay continuously enrolled and is lost if your membership ends.
The full terms below govern. If anything here and below seems to differ, the full terms apply.
Client agrees to be open minded to Teacher's methods and partake in services as proposed. Client understands that Teacher has made no guarantees as to the outcome of the Course.
By participating in the Course, Client acknowledges that the Teacher is not a medical doctor, psychologist, therapist, attorney, or financial advisor, and her services do not replace the care of other professionals. The information in this Course is in no way to be construed or substituted as psychological counseling or any other type of therapy or professional advice.
The Teacher may provide the Client with information relating to products that the Teacher believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Teacher is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or teaching provided.
The Teacher may provide Client with third-party recommendations for such services as marketing, photography, business, health, or other related services. Client agrees that these are only recommendations and the Teacher will not be held liable for the services provided by any third party to the Client. The Teacher is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third party.
Any testimonials, earnings, or examples shown through Teacher's website are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Teacher's Course, programs, and/or services. Client acknowledges that Teacher has not and does not make any representations as to a future outcome of any kind that may be derived as a result of use of Teacher's website, courses, products or services.
In respect of the documents specifically created for the Client as part of this Course, the Teacher 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. Client receives one license for personal use of any content provided by the Teacher. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Teacher to the Client, nor grant any right or license other than those stated in this Agreement. The Teacher reserves the right to immediately remove Client from the Course, without refund, if Client is caught violating this intellectual property policy.
Client acknowledges that group sessions and/or group calls may be recorded. Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of a separate package sold by the Teacher.
Company may take photographs, videos, or audio recordings during the Course that Company may use for future commercial or non-commercial purposes. Client agrees and understands that by participating in the Course, Client is consenting to being recorded and photographed and to the use of Client's likeness, writing, and voice in any media in perpetuity by Company for whatever purpose as Company sees fit.
Client agrees that the Company may use any written statements, images, audio recordings or video recordings of Client obtained while enrolled in the Course. This includes any content Client may publish to social media accounts and online forums as well as any statements, images or recordings captured about Client's participation in the Course.
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's estate have or may have by reason of this authorization.
The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client's associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Teacher or any of its Courses, affiliates, subsidiaries, employees, agents or representatives.
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
The information and education provided to the Client by the Teacher 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 dealing, course of performance or trade usage.
By using Functional Media, LLC services and purchasing this Course, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that Teacher 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 Course. Client agrees that use of this Course is at user's own risk.
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, Colorado 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.
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.
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
Questions about these terms: support@functional-media.com.