Terms and Conditions

FUNCTIONAL NURSE ACADEMY LLC

TERMS OF ENROLLMENT
The following Terms of Enrollment govern your participation in the Program presented by FUNCTIONAL NURSE ACADEMY. (“Company”). Please read these Terms of Enrollment carefully. By visiting and using the Course Platform you agree that your use of our Site, participation in our Program, and use of Program Materials is governed by the following terms and conditions, together with our Terms of Service and Privacy Policy.

 The Program Materials are provided as follows:
 Functional Medicine clinical content: 19 CEU self-paced modules including recorded presentations, presentation slides, PDF materials, study guides, and course reflection posts. Practitioner Toolkit,
Guidance provided via instructional videos and pdf's on diagnostic testing, analysis of the following tests, templates for lab reviews are included.
Educational on diagnostic testing such as the Functional Health Reports through Evexia, GI MAP, DUTCH Complete, mycotoxin testing (Real Time Labs) Organic Acid Testing (Genova and Great Plains) Labcorp comprehensive wellness panel
Guidance on implementation of Functional Medicine principles (includes nutrition/dietary education), templates for wellness plans, nutritional materials, meal plans, recipe bundles etc.
 Social media and marketing kit which includes instructional videos, 144 social media graphics, business card and brochure templates that are editable using a free version of Canva. 
 Two free live monthly group Functional Nurse Academy mentorship sessions
After the 60 day trial period, if students choose to continue in the mentorship the cost is $50 per month which includes:
60-minute live group session per month (educational topics in combination with live Q&A and/or group coaching session.)
Continued platform access. library of past mentorship recordings and materials.
Continued access to the FNA course bundle includes
Updates to the practitioner toolkit.
FNA Graduates are eligible to join the FNA directory.
Initial enrollment includes 12 months of access to the FNA platform, students may download materials for use in their practice but are not permitted to resell or redistribute.  The FNA materials can be used for 1:1 clients and for educational resources.
 After the 12 months of access, students can continue to have full platform access for an annual membership is $195 per year or if they are subscribed in the monthly mentorship for 50/month full platform access is included and the 195/year membership is waived.  
Continued access past initial 12 months of enrollment includes the following:
Continued access to FNA Platform including course materials and FNA toolkit (updates to the toolkit are included).
Company also offers a Functional Nurse Academy Facebook as an additional resource. 
You will have access to the Functional Nurse Academy online community. Any questions can be posted in the community posts which will be addressed in the live sessions.
You will have access to the Functional Nurse Toolkit

Functional Nurse Social Media and Marketing Kit
This course was added to the FNA bundle when the course price increased to 2975.00 in May 2024.   For current students and graduates that enrolled prior to this price adjustment, are permitted to purchase this course for an additional 125.00.
Components of the social media and marketing kit are transferred via Canva.  Users can personalize their kits using the free Canva account. Access to this kit does not include unlimited access to company or Melissa Schreibfeder. Video tutorials and instructions are provided.  Users can add in their own branding to the kit and personalize.  Users are prohibited from reselling these graphics or redistributing to other practitioners for use.  This kit provides social media content and marketing templates, it does not include social media management.


Communication:
You may email Company with any billing, subscription or technical and/or platform issues
The Terms of Enrollment do not include unlimited access to Melissa Schreibfeder, including ongoing emails and messaging.

 Upon successful completion of the Program:
Upon successful completion of the Program, you will receive a Certificate of Completion. Successful completion is subject to the determination of Company, within its sole and absolute discretion. Successful completion of this Program will provide you with the following credentials: 90 CEUs as the Company is approved as a provider of continuing education by the Florida State Board of Nursing # 50-33409. Florida CEU's are nationally recognized and accepted in all U.S states with the exception of RI, HI and NJ. No other credentials are provided to you and the Company does not give you the authority or capacity to perform any work for which you do not otherwise possess the requisite and appropriate credentials. Successful completion of this Program also does not authorize you to teach anything that you have learned in the course of the Program to any third parties, including other licensed professionals.
Process for earning the Certificate of Completion and CEU's:
Students must complete each learning activity.
The certificate of completion will not generate unless all activities are completed.
You need to complete the course attestation.
You need to pass the evaluation with at least 75% success rate.
Company graduates are also eligible for multiple board certification options through both the American Association of Natural Wellness Practitioners and the American Association of Natural Wellness Coaches. FNA graduates are eligible for board certification through both the AANWP and AANWC in all 50 states.
You may identify yourself on your website, marketing and promotional materials as a having a Certificate of Completion in the Program.
You will be able to use our tools, resources, materials, guidelines and support, subject to our brand guide and other policies.
You understand and agree that we may implement requirements for you to maintain this credential.

Community Standards
We are committed to providing all participants with a positive experience. Thus, Company may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, social media-based or digital without refund or forgiveness of remaining payments if:
you become disruptive or difficult to work with;
you fail to follow the program guidelines; or,
you impair the participation of our instructors or participants in our program(s).

 You hereby acknowledge and agree that:
The Program is not intended as a substitute for, or in lieu of, other health and wellness training, certification, accreditation and/or licensing.
Your participation in this Program is not a substitute for any licensing requirements that may be applicable to you and does not independently authorize you to render care, prescribe regimens or prescribe medications or supplements.
Your activities in the health and wellness field remain subject to your education, qualifications and licensure.
You have fulfilled the following additional prerequisites, and maintain the following licenses and certifications, in good standing at the time of enrollment: Practitioners must be licensed LPNs, ADN, BSN or NP's.

  Content, Pricing/Subscription Fees and Accreditation Information
Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, tailored to any individual.
All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made available by Company 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, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Company, or its designated agent.
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.
User names and passwords may not be shared with any third parties.
Any violation of Company’s policies regarding content usage shall result in the immediate termination of your enrollment without refund.

  Enrollment Fee
The enrollment cost is $2,975 which includes 12 months of platform access which allows you to download course and toolkit materials to your computer.

   Privacy & Confidentiality:
We respect your privacy and must insist that you respect the privacy of fellow Program participants.
We respect your confidential and proprietary information ideas, plans and trade secrets (collectively, "Confidential Information") and must insist that you respect the same rights of fellow Program participants and of the Company.
Thus, you agree:
not to infringe any Program participants or the Company's copyright, patent, trademark, trade secret or other intellectual property rights;
that any Confidential Information shared by Program participants, or any representative of the Company is confidential and Proprietary, and belongs solely and exclusively to the Participant who discloses it or the Company;
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 the Company are its confidential and proprietary intellectual property belong solely and exclusively to the Company, and may only be used by you as authorized by the Company;
the reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited;
that if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
While you are free to discuss your personal results from our programs and training, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence

Limitation of Liability:

 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, OUR SITE OR PROGRAM MATERIALS, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH OUR SITE OR PROGRAM MATERIALS 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 OUR SITE OR PROGRAM MATERIALS, 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 OUR SITE OR PROGRAM MATERIALS AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
OUR SITE AND PROGRAM MATERIALS ARE CONTINUALLY UNDER DEVELOPMENT AND COMPANY. MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
OUR SITE AND PROGRAM MATERIALS OFFER HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND ARE 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 OUR SITE AND PROGRAM MATERIALS. THE USE OF ANY INFORMATION PROVIDED ON OUR SITE OR IN OUR PROGRAM MATERIALS IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON OUR SITE OR IN OUR PROGRAM MATERIALS 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.

 Indemnification:
You hereby indemnify and hold harmless the Company, its owners, officers, directors, and employees of and from any and claims arising from or related to your use of information gained during the course of the Program. This indemnification shall survive expiration or termination of this Agreement.

License:
Your use of, and access to the Program Materials is on a licensed basis. In that regard, Company hereby grants to you, and you hereby accept, the non-exclusive right, license and privilege to use (but not sublicense) the Program Materials for a one-year period. Following the one-year period, you may elect to continue one of the following:
Monthly mentorship for $50 per month which includes:
Mentorship platform access
Library of past mentorship sessions, case studies and deep dive topics
Community membership
FREE access to FNA course platform and platform access to the practitioner toolkit with updates

 Or

FNA membership subscription $195 per year which includes:
Continued access to FNA Platform including Program Materials and Company toolkit (updates to your toolkit are included)

Agreement termination
 If you have elected to terminate this Agreement there are no refunds for enrollments, this license terminates immediately upon the effective date of such termination, and you have no further rights to use or access the Program Materials in any fashion.
You agree to:
(a) constantly use your best efforts in the use of the Program Materials in a way to protect the good name and goodwill associated with the Program Material and Company.
(c) not to attack the title of Company in and to the Program Materials nor attack the validity of the license granted hereunder;
(d) not harm, misuse or bring into disrepute the Program Materials and Company, but to the contrary, will maintain the value and reputation thereof to the best of your ability;
(f) at all times comply with all applicable government laws and regulations, and all voluntary industry standards relating or pertaining to the use of the Programs and Materials and shall maintain appropriate customary high-quality standards. You shall also abide by Company’s suggestions and specifications regarding quality control over the use of the Program Material.
The license granted herein does not grant you any right, title or interest, at law or in equity, in or to any of Company’s trademarks, service marks, copyrights, copyrighted material, or any derivative uses thereof or, the name or images of Melissa Schreibfeder, trade secrets or other rights or intellectual property of any kind, except as provided by said license. Further, such license applies only to those Program Materials designated herein. You shall not represent to others or conduct yourself in any manner that might indicate to others, that you possess any other legal or equitable rights in our Program Material, Trademarks, copyrighted materials, trade secrets or other rights or intellectual property of any kind other than by virtue of the license granted hereunder.
Company shall have the right to approve all uses of the Program Materials or derivative uses thereof.
Company shall have and hereby reserves all rights and remedies which it has, or which are granted to it by operation of law, to enjoin the unlawful or unauthorized use of the Program Material (any of which injunctive relief may be sought in the courts, and also may be sought prior to or in lieu of termination), and to be compensated for damages for breach of this Agreement.

  6. Dispute Resolution:
All disputes arising under or concerning this Agreement are to be submitted to binding arbitration, in Franklin, Tennessee, to be resolved in accordance with the laws of the state of Tennessee.
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.

Terms of Service

 Date Effective: June 2024

 General
This website (the "Site") is owned and operated by Functional Nurse Academy LLC.  d/b/a Functional Nurse Academy (“COMPANY” "we" or "us"). By using the Site, you
agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of
Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of
the Site or to products and services available through the Site or from COMPANY. Accessing the Site, in
any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound
by these Terms of Service.
We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from
time to time, in which case we will post the revised Terms of Service on this website. By continuing to use
the Site after we post any such changes, you accept the Terms of Service, as modified.

 Intellectual Property Rights
 Our Limited License to You. This Site and all the materials available on the Site are the property of us
and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property
laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the
materials available on the Site in a manner that constitutes an infringement of our rights or that has not been
authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of
the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create
derivative works, exploit, or distribute in any manner or medium (including by email or other electronic
means) any material from the Site. You may, however, from time to time, download and/or print one copy of
individual pages of the Site for your personal, non-commercial use, provided that you keep intact all
copyright and other proprietary notices.

Your License to Us.
 By posting or submitting any material (including, without limitation, comments, blog
entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or
to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the
material, or are making your posting or submission with the express consent of the owner of the material;
and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post
any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-
exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works
from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or
medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to
exploit any proprietary rights in such posting or submission, including, but not limited to, rights under
copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with
the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author
of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work
made for hire” when the work performed is within the scope of the definition of a work made for hire in Section
101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to
COMPANY from their creation. Thus, COMPANY shall be deemed the author and exclusive owner thereof
and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or
hereafter devised, throughout the universe, in perpetuity, in all languages, as COMPANY determines. In the
event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for
hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation,
irrevocably assign, convey and transfer to COMPANY all proprietary rights, including without limitation, all
copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or
hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights
in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any
posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that COMPANY has the right but not the obligation to use and display any postings or
contributions of any kind and that COMPANY may elect to cease the use and display of any such materials
(or any portion thereof), at any time for any reason whatsoever.

 Limitations on Linking and Framing.
You may establish a hypertext link to the Site so long as the link
does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our
prior written permission, frame or inline link any of the content of the Site, or incorporate into another website
or other service any of our material, content or intellectual property.

Disclaimers

 Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our
linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the
information, products or services offered on or through the sites. In addition, neither we nor affiliates operate
or control in any respect any information, products or services that third parties may provide on or through
the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or
made available by third parties, including information providers, are those of the respective authors or
distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees
the accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is
responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by
anyone other than an authorized COMPANY representative while acting in his/her official capacity.

 THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY
COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF
ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART
OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN
TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

 You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors,
transferees, assignees and licensees and their respective parent and subsidiary companies, agents,
associates, officers, directors, shareholders and employees of each from and against any and all claims,
causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of
or related to your breach of any obligation, warranty, representation or covenant set forth herein.

 Online Commerce

 Certain sections of the Site may allow you to purchase many different types of products and services online
that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or
any other aspect of these products and services. If you make a purchase from a merchant on the Site or on
a site linked to by the Site, the information obtained during your visit to that merchant's online store or site,
and the information that you give as part of the transaction, such as your credit card number and contact
information, may be collected by both the merchant and us. A merchant may have privacy and data
collection practices that are different from ours. We have no responsibility or liability for these independent
policies. In addition, when you purchase products or services on or through the Site, you may be subject to
additional terms and conditions that specifically apply to your purchase or use of such products or services.
For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms
and conditions that may apply, visit that merchant's website and click on its information links or contact the
merchant directly. You release us and our affiliates from any damages that you incur, and agree not to
assert any claims against us or them, arising from your purchase or use of any products or services made
available by third parties through the Site.

 Your participation, correspondence or business dealings with any third party found on or through our Site,
regarding payment and delivery of specific goods and services, and any other terms, conditions,
representations or warranties associated with such dealings, are solely between you and such third party.
You agree that COMPANY shall not be responsible or liable for any loss, damage, or other matters of any
sort incurred as the result of such dealings.

 You agree to be financially responsible for all purchases made by you or someone acting on your behalf
through the Site. You agree to use the Site and to purchase services or products through the Site for
legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false
or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You
agree to only purchase goods or services for yourself or for another person for whom you are legally
permitted to do so. When making a purchase for a third party that requires you to submit the third party's
personal information to us or a merchant, you represent that you have obtained the express consent of such
third party to provide such third party's personal information.

 Interactive Features
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email
services, which allow feedback to us and real-time interaction between users, and other features which allow
users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat
rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each
user - you alone are responsible for the material you post or send. We do not control the messages,
information or files that you or others may provide through the Site. It is a condition of your use of the Site
that you do not:

 Restrict or inhibit any other user from using and enjoying the Site.
 Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your
affiliation with a person or entity.
 Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey
any requirements, procedures, policies or regulations of the networks we use to provide the Site.
 Use the Site to instigate or encourage others to commit illegal activities or cause injury or property
damage to any person.
 Gain unauthorized access to the Site, or any account, computer system, or network connected to
this Site, by means such as hacking, password mining or other illicit means.
 Obtain or attempt to obtain any materials or information through any means not intentionally made
available through this Site.
 Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene,
vulgar, pornographic, profane or indecent information of any kind, including without limitation any
transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise
to civil liability or otherwise violate any local, state, national or international law.
 Use the Site to post or transmit any information, software or other material that violates or infringes
upon the rights of others, including material that is an invasion of privacy or publicity rights or that is
protected by copyright, trademark or other proprietary right, or derivative works with respect
thereto, without first obtaining permission from the owner or rights holder.
 Use the Site to post or transmit any information, software or other material that contains a virus or
other harmful component.
 Use the Site to post, transmit or in any way exploit any information, software or other material for
commercial purposes, or that contains advertising.
 Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make
donations of any kind, without our express written approval.
 Gather for marketing purposes any email addresses or other personal information that has been
posted by other users of the Site.

  COMPANY may host message boards, chats and other private/public forums on its Sites and on other
platforms. Any user failing to comply with the terms and conditions of this Agreement may be expelled from
and refused continued access to, the message boards, groups, chats or other such forums in the future.
COMPANY or its designated agents may remove or alter any user-created content at any time for any
reason. Message boards, chats and other public forums are intended to serve as discussion centers for
users and subscribers. Information and content posted within these public forums may be provided by
COMPANY staff, COMPANY's outside contributors, or by users not connected with COMPANY, some of
whom may employ anonymous user names. COMPANY expressly disclaims all responsibility and
endorsement and makes no representation as to the validity of any opinion, advice, information or statement
made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in
such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates,
suppliers or agents be liable for any loss or damage caused by your reliance on information obtained
through these forums. The opinions expressed in these forums are solely the opinions of the participants,
and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates.

 COMPANY has no obligation whatsoever to monitor any of the content or postings on the message boards,
chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the
absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse
to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials
and the circumstances surrounding their transmission to any third party in order to satisfy any applicable
law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users
and visitors.

 Registration
To access certain features of the Site, we may ask you to provide certain demographic information including
your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of
the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the
form provided and such registration may require you to provide personally identifiable information such as
your name and email address. You agree to provide true, accurate, current and complete information about
yourself as prompted by the Site's registration form. If we have reasonable grounds to suspect that such
information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally
identifiable information you provide to us as part of the registration process is governed by the terms of our
Privacy Policy.

 Passwords
To use certain features of the Site, you will need a username and password, which you will receive through
the Site's registration process. You are responsible for maintaining the confidentiality of the password and
account, and are responsible for all activities (whether by you or by others) that occur under your password
or account. You agree to notify us immediately of any unauthorized use of your password or account or any
other breach of security, and to ensure that you exit from your account at the end of each session. We
cannot and will not be liable for any loss or damage arising from your failure to protect your password or
account information.

 Limitation of Liability
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 COMPANY 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 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.

 Termination
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.

Refund Policy
There are no refunds for enrollments.
Digital Millennium Copyright Act
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 COMPANY infringe your copyright, you, or your agent may
send to COMPANY 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
COMPANY 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 COMPANY 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.
COMPANY's Copyright Agent for notice shall be info@functionalnurseacademy.com

 Assignment
This Agreement shall be binding upon and inure to the benefit of COMPANY 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 COMPANY Notwithstanding the foregoing, all rights and
obligations under this Agreement may be freely assigned by COMPANY to any affiliated entity or any of its
wholly owned subsidiaries.

Dispute Resolution
These Terms of Use shall be governed by and construed in accordance with the laws of the State of
Tennessee and any dispute shall be subject to binding arbitration in Franklin, Tennessee. If any provision of
this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed
severable from this agreement and shall not affect the validity and enforceability of any remaining
provisions.

 Class Action Waiver
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.

Severability
If any clause within these Terms of Service (other than the Class Action Waiver clause above) is found to be
illegal or unenforceable, that clause will be severed from these Terms of Service, and the remainder of these
Terms of Service will be given full force and effect. If the Class Action Waiver clause is found to be illegal or
unenforceable, the Dispute Resolution provision will be unenforceable and the dispute will be decided by a
court.