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Terms of Service

IMPORTANT NOTE: The website located at www.yolofunctionalhealth.com
(the “Website”) is a copyrighted work belonging to Yolo Functional Health
(“Practice”, “we”, “our”, or “us”). By using this Website and/or reading or
commenting on this Website’s content, e-mails, social media, videos, and
other products accessed or available through this Website, you are voluntarily
agreeing to these Terms & Conditions, and you are legally agreeing that you
have read, understand, and fully consent to the terms below. Certain features
of the Website may be subject to additional guidelines, policies, terms, or
rules, which will be posted on the Website in connection with such features.
All such additional terms, guidelines, and rules—including, but not limited
to, the Privacy Policy and Disclaimer—are incorporated by reference into
these Terms & Conditions. If you have any questions about any of these
Terms & Conditions, please do not hesitate to contact us at
yolofunctionalhealth@gmail.com before using this Website.
You must be eighteen (18) years old and have the legal ability to agree to
these Terms & Conditions; thus, if you are under the age of eighteen (18) or
you do not agree to the terms below, STOP now and do not proceed. By
accessing or using Practice’s Website, you agree to these Terms & Conditions
below.

Terms & Conditions
Our Website is owned and operated by Practice. The terms “you” or “yours”
refer to the user of our Website. These Terms & Conditions (“Terms”) set
forth how you may use our Website and its content (what content you can
share with others and what content you cannot disclose), security, intellectual
property rights, and other terms of use.
Please read these Terms carefully. We reserve the right to change these Terms
without notice at any time, and by using our Website, you are agreeing to the
Terms as they appear, whether or not you have read them thoroughly, or even
at all. If you do not agree with these terms, please stop now and do not use
this Website, programs, products or services.
Practice reserves the right to terminate the Terms and to modify or
discontinue this Website, including any features herein, at any time with or

without notice to you. We shall not be liable to you or any third party should
Practice exercise such right.
You understand and agree that temporary interruptions of the services
available through this Website may occur as normal events. You further
understand and agree that Practice has no control over third-party networks
that you may access in the course of using this Website, and, therefore, delays
and disruption of other network transmissions are completely beyond
Practice’s control.
You understand and agree that the services available on this Website are
provided “AS IS” and that Practice assumes no responsibility for the
timeliness, deletion, misdelivery, or failure to store any user communications
or personalization settings.
Please also review our Privacy Policy because it contains important
information regarding the collection, use, ability to disclose, and protection of
information you provide to us via the Website. Agreement to the Terms,
includes agreement to our Privacy Policy, which is incorporated herein by
reference.

Your Use and Consent.
By using this Website, you are agreeing to act in accordance with these
Terms, our Privacy Policy, Disclaimer, and any other terms and conditions
that may apply to our Website, programs, products, and services available
through our Website or from us. This Website and all of our programs,
products, and services are intended solely for users who are age eighteen (18)
and older. Any registration by, use of or access to any program, product, or
service or our Website by anyone under age 18 is unauthorized, unlicensed
and in violation of these Terms. By accessing or using our programs,
products, or services or our Website, you represent and warrant that you are
18 years or older and that you are able to enter into a contract and agree to
and to abide by all of our Terms.
Medical Warning.
This Website has been created to provide information about functional health
care services and is for general informational purposes regarding functional

health care that should never be construed as medical advice for any person,
including patients of the Practice. Nothing on this Website is intended to
substitute for professional medical advice, diagnosis, or treatment.
Intellectual Property Rights.
Our Website, programs, products, and services and all the materials available
on or through it are property solely owned by Practice, and are protected by
copyright, trademark, and other intellectual property laws. This material
includes, but is not limited to, the design, layout, look, appearance, and
graphics. You are only permitted to use the content as expressly authorized
by Practice. You may not copy, reproduce, modify, republish, upload, post,
transmit, or distribute any documents or information from this Website in any
form or by any means without express written permission from Practice, and
you are solely responsible for obtaining permission before reusing any
copyrighted material that is available on this Website. Any unauthorized use
of the materials appearing on this Website may violate copyright, trademark,
and other applicable laws and could result in criminal or civil penalties.
Practice does not warrant or represent that your use of materials displayed on,
or obtained through, this Website will not infringe the rights of third parties.
See “User’s Materials” below for a description of the procedures to be
followed in the event that any party believes that content posted on this
Website infringes on any patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party.
Any trademarks, taglines, and logos displayed on the Website are trademarks
belonging to Practice. Any trademarks reproduced on this Website, which are
not the property of, or licensed to Practice, are property of their respective
owners. Any use, including framing, meta tags or other text utilizing these
trademarks, or other trademarks displayed, is strictly prohibited without our
express written consent.
Each time you submit any User Materials (as explained further below), you
represent and warrant that you are at least the age of majority in the state in
which you reside and are the parent or legal guardian, or have all proper
consents from the parent or legal guardian, of any minor who is depicted in or
contributed to any User Materials you submit, and that, as to that User
Material, (a) you are the sole author and owner of the intellectual property

and other rights to the User Material, or you have a lawful right to submit the
User Material and grant Practice the rights to it that you are granting by these
Terms and any additional terms, all without any obligation on our part to
obtain consent of any third party and without creating any obligation or
liability of Practice; (b) the User Material is accurate; (d) the User Material
does not and, as to Practice’s permitted uses and exploitation set forth in
these Terms, will not infringe any intellectual property or other right of any
third party; and (e) the User Materials will not violate these Terms or any
additional Terms, or cause injury or harm to any person.
Practice has no obligation to monitor or enforce your intellectual property
rights to your User Materials, but you grant Practice the right to protect and
enforce its rights to your User Material, including by bringing and controlling
actions in your name and on your behalf (at Practice’s cost and expense, to

which you hereby consent and irrevocably appoint Practice as your attorney-
in-fact, with the power of substitution and delegation, which appointment is

coupled with an interest).

User’s Materials.
Subject to Practice’s Privacy Policy, any communication or material that you
transmit to this Website or to Practice, whether by electronic mail or other
means, for any reason, will be treated as nonconfidential and nonproprietary.
While you retain all rights in such communications or material, you grant
Practice and its designated licensees a nonexclusive, royalty-free, fully paid,
perpetual, and worldwide right to copy, distribute, display, perform, publish,
translate, adapt, modify, and otherwise use such material.
Please do not submit confidential or proprietary information to Practice
unless we have mutually agreed in writing otherwise. Practice is also unable
to accept your unsolicited ideas or proposals, so please do not submit them to
Practice under any circumstance.
Practice respects the intellectual property of others and asks you to do the
same. If you or any user of this Website believes its copyright, trademark, or
other property rights have been infringed by a posting on this Website, you or

the user should send notification to Practice immediately. To be effective, the
notification must include:
1. A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been
infringed;
3. Information reasonably sufficient to permit Practice to contact the
complaining party, such as address, telephone number and, if
available, an electronic mail address at which the complaining party
may be contacted;
4. Identification of the material that is claimed to be infringing or to be
subject to infringing activity and that is to be removed and
information reasonably sufficient to permit Practice to locate the
materials;
5. A statement that the complaining party has a good faith belief that
use of the material in the manner complained of is not authorized by
the copyright owner, agent, or the law; and
6. A statement that the information in the notification is accurate and,
under penalty of perjury, that the complaining party is authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c),
Practice’s Designated Agent for notice of claims of copyright infringement
can be reached as indicated below. Service of repeat infringers of copyright
or of users about whom repeat claims of copyright infringement are received
will be terminated.
Designated Agent for Claimed Infringement:
[Ashleigh Skipper]

Links to External Websites or Use of Social Media.
From time to time this Website may also include links to other websites or to
social media sites. These links are provided for your convenience to provide
further information and to allow you to visit other website(s) of interest
easily. However, once you have used these links to leave our Website, you
should note that we do not have any control over their website or social
media sites. Therefore, we cannot be responsible for the protection and
privacy of any information that you provide while visiting such sites or social
media, and such sites and social media sites, even if operated by us are not
governed by theseTerms.
Likewise, if our Website is linked or referenced in someone else’s website or
social media, we are not liable for any information provided on or through
their website or social media as it is not under our control in any way
whatsoever. We accept no liability for any of the views, facts, opinions, or
references in our or their Website whatsoever. Information posted on this
Website related to or linked to a third party website, may express a
perspective which may or may not necessarily reflect our views.
You should exercise caution and look at the privacy statement of the website
or social media sites you are visiting or using. Use of external links to other
sites or social media does not signify that we endorse them. Practice bears no
responsibility for the content of the linked website(s) or social media
websites.
Your Conduct.
You must not use our Website in any way that causes or is likely to cause
access to it to be interrupted, damaged or impaired in any way and you must
use it for lawful purposes only. You understand that you are solely
responsible for all electronic communications and content sent from your
computer to Practice by you. You may not use our website or any aspect
related to it in any of the following ways:
• To conduct activity with fraudulent purposes or in connection with a
criminal offense or to otherwise carry out any unlawful activity;
• To send, use or re-use any material that is illegal, offensive, abusive,
indecent, harmful, defamatory, obscene or menacing, abusive,
threatening, defamatory, objectionable, invasive of privacy, in breach of

confidence, infringing of any intellectual property rights, or is otherwise
injurious to third parties, or which consists of or contains software
viruses or any other harmful or similar computer code designed to
adversely affect the operation of any computer software or hardware,
commercial solicitation, chain letters, mass mailings or any spam;
• To cause annoyance, inconvenience or needless anxiety to anyone or
anything;
• To impersonate any third party or otherwise mislead as to the origin of
your content; or
• To reproduce, duplicate, copy or resell any of our content in
contravention with these Terms, our Disclaimer, or any other agreement
that you may have with us.
You specifically acknowledge and agree that Practice is not liable for any
defamatory, offensive or illegal conduct of any other Website participant or
user. You agree to indemnify, defend, and hold Practice harmless from all
liabilities, claims, and expenses, including attorneys’ fees and costs, that arise
from your use or misuse of the Website. Practice reserves the right, at its own
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will cooperate with
Practice in asserting any available defenses.
Disclaimer.
You are aware that you have the right to consult an attorney prior to using our
Website or purchasing any program, product, or service from or through us.
Practice is not responsible for your personal actions or choices before, during
or after use of our Website. Notwithstanding any limitations by law, your
misuse or non-use of this information is at your own risk, and you absolve
Practice of any liability or loss that you, your business, or your family,
children or heirs (if applicable) or any other person, may incur. Additionally,
notwithstanding the limitations of law, you acknowledge that you are using
your own due diligence and assessment of risk when it comes to making your
own decisions, and you are voluntarily making those decisions with the full
awareness that there may be risk involved.

Any testimonials or examples shown through Practice’s Website are truthful
reports stated by real people (not actors), and do not guarantee or promise in
any way that you might achieve the same outcome as each situation varies.
Every effort has been made to present you with the most accurate, up-to-date
information with attention and care. However, because information is
constantly evolving, Practice cannot guarantee the accuracy of the content of
our Website or that any or all related information is completely current or
applies to you specifically. You acknowledge that such information and
materials in our Website or our programs, products, or services may contain
inaccuracies or errors and Practice expressly excludes liability for any such
inaccuracies or errors to the fullest extent permitted by law and that Practice
is not obligated to inform you of any updates or changes as they occur.
We try to ensure that our Website availability is uninterrupted and error-free.
However, Practice cannot guarantee that your access will not be suspended or
restricted from time to time, including to allow for repairs, maintenance or
the introduction of new services, although, of course, we will try to limit the
frequency and duration of any suspension or restriction. Neither will Practice
nor any third parties provide any warranty or guarantee as to the accuracy,
timeliness, performance, completeness or suitability of the information and
materials found or offered through our Website for any particular purpose.
In addition, although this Website may be accessible worldwide, Practice
makes no representation that materials on this Website are appropriate or
available for use in locations outside the United States, and accessing them
from territories where their contents are illegal is prohibited. Those who
choose to access this Website from other locations do so on their own
initiative and are responsible for compliance with local laws. Any offer for
any product, service, and/or information made in connection with this
Website is void where prohibited.
Exclusive Remedy.
If you are dissatisfied with your use of this Website or the Terms, your sole
and exclusive remedy is to cease use of this Website.
NO WARRANTY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
THE WEBSITE AND CONTENT (INCLUDING USER SUBMISSIONS)
ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY
KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-
INFRINGEMENT. WE MAKE NO WARRANTY OF ANY KIND,

IMPLIED OR EXPRESS, AS TO THE ACCURACY, COMPLETENESS OR
APPROPRIATENESS OF OUR WEBSITE, INCLUDING THE
PRODUCTS OR SERVICES AVAILABLE FOR PURCHASE THEREIN,
FOR ANY PURPOSE.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL PRACTICE BE LIABLE FOR ANY DAMAGES OF
ANY KIND ARISING FROM YOUR USE OF, OR INABILITY TO USE,
THIS SITE OR CONTENT OR ANY SITE OR CONTENT LINKED FROM
THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
I N C I D E N TA L , P U N I T I V E , S P E C I A L , E X E M P L A RY O R
CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO,
ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR
LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE ARE
EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF
ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, OR
ANY OTHER LEGAL THEORIES. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
Confidentiality and Security.
To use our Website, we may seek personal data or information, including
your name, e-mail address, phone number, street address, billing information,
interests, or other personally-identifying information (“Personal
Information”), or you may offer or provide a comment, photo, image, video,
or any other submission to us when using or participating in our Website
(“Other Information”).

By providing such Personal Information or Other Information to us, you
grant us permission to use and store such information. We, in turn, will use
our best efforts to keep your Personal Information safe, secure, and
confidential in accordance with these Terms and our full Privacy Policy that
may be found on our Website. Practice has reasonable security measures in
place to prevent the loss, misuse, and alteration of the information that is
obtained from you, but we make no assurances about our ability to prevent
any such loss, misuse, to you or to any third party arising out of any such
loss, misuse, or alteration. However, due to the nature of the Internet, we
cannot completely ensure or warrant the security of any information
transmitted to us or through our Website and, therefore, it is done at your own
risk. If you believe that any of your Personal Information is incorrect or
incomplete, please contact us as soon as possible. We will promptly correct
any Personal Information found to be incorrect.
You agree, however, that whenever you make your Personal Information or
Other Information available for viewing by others, such as through our
Website, the Personal Information or Other Information that you share also
can be seen, collected and used by others and, therefore, we cannot be
responsible for any unauthorized use by others of such Personal Information
or Other Information that you voluntarily share online or in any other manner.
Termination.
Practice reserves the right in our sole discretion to refuse or terminate your
access to the Website, in full or in part, at any time without notice. In the
event of cancellation or termination, you are no longer authorized to access
the part of the Website affected by such cancellation or termination. The
restrictions imposed on you in these Terms with respect to the Website will
still apply now and in the future, even after termination by you or us.
Jurisdiction/Governing Law.
This Website (excluding any linked sites) is controlled by Practice from its
offices within the State of Florida, United States of America. It can be
accessed from all fifty states, as well as from other countries around the
world. As each of these places has laws that may differ from those of
Florida, by accessing this Website, Practice and you both agree that the
statutes and laws of the State of Florida, without regard to the conflict of laws
principles thereof, will apply to all matters relating to the use of this Website.

Practice and you both agree and submit to the exclusive personal jurisdiction
and venue of the state and federal courts sitting in Walton County, Florida, as
applicable, with respect to such matters and any other dispute relating to the
Website. In any action to enforce these terms, the prevailing party will be
entitled to attorneys’ fees and costs. Any cause of action brought by you
against Practice or its affiliates must be instituted within one year after the
cause of action arises or be deemed forever waived and barred.
Severability.
If any part of these Terms is held invalid or unenforceable, that portion shall
be construed in a manner consistent with applicable law to reflect, as nearly
as possible, the original intentions of the parties, and the remaining portions
shall remain in full force and effect.
Waiver.
Any failure by Practice to enforce or exercise any provision of these terms or
related rights shall not constitute a waiver of that right or provision.
Miscellaneous.
You may not assign your rights or obligations under these Terms to any third
party and any purported attempt to do so shall be null and void. Practice may
freely assign its rights and obligations under these Terms.
You agree not to sell, resell, reproduce, duplicate, copy, or use for any
commercial purposes any portion of this Website without written permission
from Practice.
These Terms shall not be construed more strictly against any party regardless
of who is responsible for their drafting. Unless the context of these Terms
otherwise clearly requires, references to the plural include the singular and
the singular include the plural. Wherever the context so requires, the
masculine shall refer to the feminine, the feminine shall refer to the
masculine, the masculine or the feminine shall refer to the neuter, and the
neuter shall refer to the masculine or the feminine.
The captions of these Terms are for convenience and ease of reference only
and in no way define, describe, extend, or limit the scope or intent of these
Terms.

By viewing this Website, you agree to not engage in any conduct or
communications in a public setting, including social media, designed to, or
that in fact, disparage Practice, our Website, programs, products, or services.
Should you have concerns or questions about this Website or our programs,
products or services, you are to directly contact yolofunctionalhealth@gmail.com.

Where required by law, of course, you are not
prohibited from sharing your thoughts and opinions as a part of the legal
process.
If you have any questions about any of these Terms, please contact Practice at
yolofunctionalhealth@gmail.com.

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