End User License Agreement
IMPORTANT - READ CAREFULLY BEFORE PROCEEDING
READ THE FOLLOWING CAREFULLY BEFORE INDICATING YOUR AGREEMENT TO BE BOUND BY THE FOLLOWING: This End User License Agreement (“EULA”) is a legal agreement between you, as the end user, and Functional Lawyer,
PLLC, d/b/a Functional Lawyer™ (“Functional Lawyer”, “we”, “our”, or “us”), for the forms and other materials that accompany this EULA (collectively, the “Licensed Material”). The Licensed Material is licensed, not sold, to you. BY DOWNLOADING, COPYING, OR OTHERWISE USING THE LICENSED MATERIAL, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE TO BE BOUND, DO NOT CLICK “I AGREE” AND DO NOT DOWNLOAD, COPY, OR OTHERWISE USE THE LICENSED MATERIAL.
All Licensed Material is intended solely for users who are age eighteen (18) and older. By entering into this EULA, 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 the EULA terms.
- Grant of License. Functional Lawyer hereby grants you, and you accept a non-exclusive, limited license to:
- Download, copy and use the Licensed Material, during the term of this license, in the United States, for one functional medicine business; and
- Modify, change or alter the Licensed Material as may be necessary for use with the applicable functional medicine business (“Derivative Works”).
- All such copies of the Licensed Material must contain all of the copyright notices and restrictive and proprietary legends of Functional Lawyer that appear on the Licensed Material as originally licensed to you.
- The license granted hereunder is assignable to a purchaser of the applicable functional medicine business, provided such purchaser agrees to be bound by the terms and conditions of this EULA. Transfer of such rights automatically terminates the license and all rights granted to you in this EULA.
The Licensed Material and any authorized copies and/or Derivative Works made by you are the intellectual property of, and are owned by, Functional Lawyer. The Licensed Material is protected by law, including, but not limited, to the copyright laws of the United States and other countries and by the provisions of international treaties. Title in and to the Licensed Material shall remain exclusively in the Functional Lawyer, subject to the license granted to you pursuant to this Section. Functional Lawyer reserves all rights not expressly granted.
- License Restrictions. You acknowledge and agree that this license in no way shall be construed to provide to you any express or implied license:
- To copy, reproduce or use the Licensed Material other than as expressly set forth in Section 1; or
- To rent, lease, lend, transfer, sell, sublicense, distribute, or otherwise convey the Licensed Material other than as expressly set forth in Section 1.
The license granted hereunder applies only to permitted uses by you for your functional medical business, and you expressly agree not to take any of the foregoing actions. Under no circumstances are you permitted to sell or otherwise provide the Licensed Material, including any Derivative Works, or any other materials based on the Licensed Material, to third parties for their use or benefit. If you violate any of the foregoing restrictions, this license shall automatically terminate without notice.
- Payment. In addition to agreeing to all terms of this EULA, the license rights granted to you in Section 1 require that you pay the required fees for the Licensed Material that you desire to license as listed on Functional Lawyer’s Website. Should you fail to pay the required fees for the applicable Licensed Material, you will be granted no license rights under this EULA and/or it will automatically terminate without notice.
- Term. This license shall commence upon your consent to the terms of this EULA and shall terminate upon your discontinuing the use of the Licensed Material, unless earlier terminated pursuant to Section 2 or 3.
- Warranty Disclaimer.
Any representations and warranties made in this EULA are made solely to you. Except as otherwise provided, Functional Lawyer provides, and you accept, the Licensed Material in “AS-IS” CONDITION AND WITH ALL FAULTS; and
THE ENTIRE RISK AND RESPONSIBILITY AS TO THE QUALITY, PERFORMANCE, AND SUITABILITY OF THE LICENSED MATERIAL FOR YOUR INTENDED PURPOSE LIES SOLELY AND EXCLUSIVELY WITH YOU. FUNCTIONAL LAWYER DISCLAIMS ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS (STATUTORY, EXPRESS, OR IMPLIED, ORAL OR WRITTEN), WITH RESPECT TO THE LICENSED MATERIAL, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, ACCURACY, OR FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE (WHETHER OR NOT FUNCTIONAL LAWYER KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING.
FUNCTIONAL LAWYER DOES NOT WARRANT THAT THE LICENSED MATERIAL WILL MEET YOUR REQUIREMENTS, COMPLY WITH LAWS INSIDE OR OUTSIDE OF YOUR JURISDICTION OR BE UNINTERRUPTED OR ERROR FREE.
FUNCTIONAL LAWYER EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN YOU WITH RESPECT TO THE LICENSED MATERIAL.
IN NO EVENT SHALL FUNCTIONAL LAWYER BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, LOSS OF DATA, LOSS OF PROFITS, LOSS OF INFORMATION OR DATA, BUSINESS INTERRUPTION, OR OTHER PECUNIARY LOSS) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE LICENSED MATERIAL, EVEN IF FUNCTIONAL LAWYER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL FUNCTIONAL LAWYER’S LIABILITY FOR THE LICENSED MATERIAL, IF ANY, EXCEED THE PURCHASE PRICE PAID BY YOU FOR THIS LICENSE.
SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF DAMAGES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- No Attorney-Client Relationship and Not Legal Advice.
By entering into this EULA, you acknowledge that neither Scott P. Rattigan nor Functional Lawyer legally represents you in any way. Likewise, you acknowledge that no formal attorney-client relationship with you is created merely by entering into this EULA or utilizing any of the Licensed Material. The Licensed Material and/or information, products or services provided by Functional Lawyer is not legal advice and is not intended to be a substitute for legal advice that should be provided by your own personal or business attorney, accountant, and/or financial advisor.
Although care has been taken in preparing the Licensed Material, the law varies by state, and is constantly changing and; therefore, it affects each individual and business in different ways. In addition, because the law varies from jurisdiction to jurisdiction, and may be subject to interpretation by different courts, it is recommended that you have a local licensed attorney review any information you use or purchase through our Website, including the Licensed Material, to ensure compliance with the laws in your jurisdiction. Functional Lawyer is not representing that the Licensed Material applies to your situation. The specific documents and general information that we provide cannot fit every circumstance and; therefore, it should not be construed to be correct, complete or up-to-date in every situation at any time.
By entering into this EULA, you acknowledge that we do not legally represent you in any way; we do not hold ourselves out as practicing law in your state; and we do not create a formal attorney-client relationship between us, unless we have entered into a separate signed contract for legal services. Our Licensed Material provides information and general legal knowledge but it is not, nor should it be construed to be, legal advice directly pertaining to your operations or your state.
Functional Lawyer instructs you to have the Licensed Material reviewed by a licensed attorney in your state or province. You are hereby advised to consult with your own lawyer for any and all questions and concerns you have, may have, or hereafter have regarding any and all information presented by the Licensed Material.
In addition, although the Licensed Material through our Website may be accessible worldwide, Functional Lawyer makes no representation that the Licensed Material is 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 enter into this EULA from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer of Licensed Material is void where prohibited.
You are aware that you have the right to consult an attorney prior to entering into this EULA. Functional Lawyer is not responsible for your personal actions or choices before, during or after entering into the EULA. Notwithstanding any limitations by law, your misuse or non-use of the Licensed Material is at your own risk, and you absolve Functional Lawyer 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 business decisions, and you are voluntarily making those decisions with the full awareness that there may be risk involved.
Any testimonials, earnings, income statements, or examples shown through Functional Lawyer’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. You agree that Functional Lawyer is not responsible for the success or failure of your business decisions, or the increase or decrease of your finances or income level as a result of information presented to you through our Website or the Licensed Material. You acknowledge that Functional Lawyer has not and does not make any representations as to the legal rights or privileges, remedies, damages, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your use of the Licensed Material.
Every effort has been made to present you with the most accurate, up-to-date information with attention and care. However, because the law is constantly evolving, Functional Lawyer cannot guarantee the accuracy of the content of the Licensed Material or that any or all related information is completely current or applies to you specifically. You acknowledge that such Licensed Material may contain inaccuracies or errors and Functional Lawyer expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law and that Functional Lawyer is not obligated to inform you of any updates or changes to the law as they occur. As stated above, you are aware that you have the right to consult an attorney prior to entering into this EULA and/or utilizing any Licensed Material.
- This EULA shall be governed by the laws of the State of Florida and the United States, as applicable, without reference to law pertaining to choice of laws or conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA.
- In the event of any litigation arising out of or relating to this EULA or the breach, termination, validity, or enforcement of this EULA, jurisdiction and venue shall properly lie in the state and federal courts for Orange County, Florida, and you consent to personal jurisdiction and venue in such courts.
- In the event of any litigation arising out of or relating to this EULA or the breach, termination, validity, or enforcement of this EULA, the prevailing party shall be entitled to recover all costs and reasonable attorneys’ fees incurred, including, without limitation, costs and attorneys’ fees incurred in any investigations, arbitrations, trials, bankruptcies, and appeals.
- If any section, subsection, or provision or the application of such section, subsection, or provision of the foregoing terms and conditions is held invalid, illegal, or unenforceable, the remainder of these terms and conditions and the obligation of such section, subsection, or provision to persons or circumstances other than those to which it is held invalid, illegal, or unenforceable shall not be affected by such invalidity, illegality, or unenforceability.
- No failure or delay on the part of Functional Lawyer in exercising any right or remedy with respect to a breach of this EULA by you shall operate as a waiver thereof or of any prior or subsequent breach of this EULA by you, nor shall the exercise of any such right or remedy preclude any other or future exercise thereof or exercise of any other right or remedy in connection with this EULA. Any waiver must be in writing and signed by an officer of Functional Lawyer.
- This EULA constitutes the entire agreement between the parties relating to the subject matter hereof. All prior understandings and agreements between the parties relating to the subject matter hereof are merged in this EULA, which alone and completely expresses their understanding.
- This EULA may not be altered, amended, or changed except by written instrument signed by and on behalf of each of the parties hereto.
If you have any questions about the EULA, please contact Functional Lawyer, PLLC at [email protected].
YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE FOREGOING.
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