MFH Terms & Conditions
Below are the TERMS and CONDITIONS Montana Functional Health, PLLC offers you to access our website. If you do not agree to be bound by the terms and conditions of this user agreement, do not use or access our website, goods and/or services. You must read, agree with and accept all of the terms and conditions contained in this user agreement (“Agreement”), which include those terms and conditions expressly set out below and those incorporated by reference, before you may purchase through or use Montana Functional Health PLLC’s website.
This Agreement constitutes the entire agreement of the parties. This agreement is entered into by the customer (hereinafter “Customer” or “You”) and Montana Functional Health, PLLC (DBA Montana Functional Health) a Montana Corporation (hereinafter referred to as “Montana Functional Health” “We,” or “Us”). We may amend this Agreement at any time, without prior notice, by posting the amended terms on our site. It is your responsibility to review these terms for any changes. This Agreement may not be otherwise amended except in writing signed by you and Montana Functional Health. This Agreement is effective as of January 1, 2020.
PART 1: HEALTH DISCLAIMER
The views and nutritional advice expressed by Montana Functional Health is not intended to be a substitute for conventional medical services. Purchasing a product, program or wellness coaching does not establish a doctor-patient relationship with Montana Functional Health or any of our Physicians or Registered Dietician/Nutritionist. If you have or suspect that you have a medical problem, promptly contact your health care provider. We do not claim to “cure” disease, but simply help you make physical and mental changes in your own body in order to help your body heal itself. No material or products on this website are intended to suggest that you should not seek professional medical care, or that you should disregard professional medical advice. We suggest that you continue to work with qualified medical professionals as you engage in our material, products and services. No information offered here, or products sold on this website, should be interpreted as a diagnosis of any disease, nor an attempt to treat or prevent or cure any disease or condition. For any products and/or services purchased from Montana Functional Health you should carefully read all product packaging and instructions. While the information on this website, and the products sold on it, are discussed in the context of numerous conditions, it can be dangerous to start any health program without first consulting your physician. Information and statements regarding products and/or services made available by Montana Functional Health have not been evaluated by the Food and Drug Administration. Montana Functional Health products and services are not intended to diagnose, treat, cure or prevent any disease.
It is advised to consult with your physician before purchasing any product, service, or material from Montana Functional Health, particularly if you are pregnant or nursing, have cancer, have active or a history of liver disease, kidney disease or iron storage disease, are on medications for hypertension, mental illness or diabetes. Do not purchase products that contain ingredients to which you are allergic or have a known sensitivity. If you are purchasing one of our programs or cleanses we highly recommend that you use a back-up method of birth control in addition to the birth control pill.
PART 2: USE ELIGIBILITY
Our goods and/or services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our goods and/or services are not available to minors. If you are a minor, you may use this website only in conjunction with your parents or guardians. If you do not qualify, please do not use our website, goods or services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
PART 3: PAYMENT
Customer agrees to compensate Montana Functional Health for any goods or services ordered through this website at the original purchase price. Ex. promotions, distributors, etc.
PART 4: LIABILITY LIMIT
In no event shall we, our subsidiaries, employees, contractors, suppliers, or manufacturers be liable for lost profits or any special, incidental, consequential or multiplied damages arising out of or in connection with our site, our products or services, or this agreement (HOWEVER ARISING, INCLUDING NEGLIGENCE), including, but not limited to, loss of profits, loss of use or other economic damages, even if advised of the possibility of such damages, or any failure to realize any specific benefit or health-related outcome. This limitation of Montana Functional Health liability will apply regardless of the form of action, whether in contract, tort or by statute. Our liability, and the liability of our subsidiaries, employees, contractors, suppliers, and manufacturers, to you or any third parties, in any circumstances, is limited to the greater of (a) the amount of the purchase or (b) one hundred ($100) dollars. Customer acknowledges that this limitation of liability is part of the consideration of this Agreement, and was specifically included by Montana Functional Health in the calculation and establishment of the prices paid by customers, which, but for this limitation, would have been much higher. No action, regardless of form, arising out of your use of this website, any information contained therein, and/or any Montana Functional Health products may be brought by you or Montana Functional Health more than one (1) year following the event which gave rise to the cause of action.
PART 5: INDEMNIFICATION
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
PART 6: LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our website, goods and/or services.
PART 7: NOTICES
Except as explicitly stated otherwise, any notices shall be given by certified postal mail, return receipt requested, to Montana Functional Health, Missoula, MT 59802. Notice shall be deemed given three (3) days after the date of mailing.
PART 8: ARBITRATION
Any legal controversy or legal claim arising out of or relating to this Agreement or our goods and/or services, excluding legal action taken by Montana Functional Health to collect our fees and/or recover damages for, or to obtain an injunction relating to, Montana Functional Health website operations and intellectual property, shall be settled by binding single-arbitrator arbitration in accordance with the Uniform Arbitration Act.. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Missoula, MT and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Montana Functional Health may seek any interim or preliminary relief from a court of competent jurisdiction in Missoula, MT necessary to protect the rights or property of Montana Functional Health pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to one thousand ($1000.00) dollars. Parties agree that the Federal Arbitration Act, the United Nations Convention for the Enforcement of Commercial Arbitration Awards, and all other applicable laws and conventions apply to this agreement.
PART 9: MISCELLANEOUS
This Agreement contains the entire agreement of the parties. This written agreement supersedes any and all oral negotiations and/or representations of the parties hereto made in relation to this transaction. This agreement neither confers nor creates any rights or responsibilities not specifically enumerated herein.
This Agreement shall be subject to and governed by the laws of the State of Montana, with the exception of its conflict of laws provisions.
Any waiver or forbearance by Montana Functional Health of any breach (by Customer) of any provision of this Agreement shall not be construed as a waiver of any subsequent breach by Customer.
This Agreement shall be binding upon the parties and their executors, administrators, successors, and assigns.
If any provision of this Agreement is held illegal, invalid or unenforceable, such illegality, invalidity, or unenforceability will not affect any other provision hereof. Such provision and the remainder of this Agreement shall, in such circumstances, be deemed modified to the extent necessary to render the remaining provisions enforceable.
PART 10: PRIVACY & SECURITY
Montana Functional Health is the sole owner of the information collected on this site. We will not sell, share or rent this information to others in ways different from what is disclosed in this statement. Our website is designed with precautions to protect usersʼ information. Customer information is appropriately protected in-house as well as online. Sensitive information (such as a credit card account number) is protected by encryption. While on a secure page, such as an order form, the lock icon at the bottom of a web page becomes locked, rather than open (or unlocked) as when the user is simply “surfing” the Web. In addition, access to users’ information is restricted within our offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information. All employees are kept up-to-date on our security and privacy practices. Finally, the servers on which we store personally identifiable information are kept in a secure environment.
PART 11: GENERAL
The content of the material is general in nature and not meant to be relied upon as medical advice related to your individual situation. This site is designed to provide you with a basic understanding of the condition or procedure you are researching. The website may display content that is graphic in nature and that may depict partial nudity. If you find such material offensive you should not use this website and should exercise caution before accessing certain features of the website. The text, graphics, photos, videos and other information is not intended as medical advice and should not be considered medical advice. We at Montana Functional Health encourage you to consult a qualified, Board Certified dermatologist for specific medical planning and advice pursuant to your individual medical situation on any of the dermatology conditions or procedures referred to herein.
We may from time to time change the terms that govern your use of our website and we will post such revised Terms and Conditions on this page. You should therefore check this page regularly. Your use of our website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed.
You may not copy, reproduce, publish, distribute, sell, create derivative works from, transfer, re-transmit, stream or sell the content, photos or graphics of this web site. You agree not to copy or use our business name in your own advertising, or any of the content created for this website. You agree not to copy, distribute, imitate, re-transmit, or stream any technical, design or layout elements of this website.
This website may provide links to other sites or services not owned, operated or controlled by Montana Functional Health. By using any such link you are stating that you understand that the website is not responsible for the content or services of any such linked website or service, that the appearance of such a link does not imply any endorsement by the website and that these links are provided to you only as a convenience.
Montana Functional Health makes no express or implied warranties, representations or endorsements whatsoever with respect to the content, products and photos used throughout the site. Photo representation of procedures and services are models and should not be deemed as expected results, excluding the Before and After Galleries (Galleries) which are actual patients and results of Montana Functional Health. The photos on our Galleries patient photos should not be deemed as expected results as each patient and procedure is unique and results will vary. All photography in the Galleries are proprietary property of Montana Functional Health and may not be copied, reproduced, published, distributed, sold, created derivative works from, transferred, re-transmitted, streamed or sold.