Terms and Conditions

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 unless specifically offered on our promotional page.  

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.