TERMS AND CONDITIONS
Terms of Use
PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS OF USE BEFORE USING THIS WEBSITE, AN AGREEMENT MADE BY AND BETWEEN Erica Burns Functional Health Gems AND YOU (“YOU,” “YOUR,” OR “USER”) GOVERNING YOUR USE OF THIS WEBSITE.
This website is owned and operated by Erica Burns Functional Health Gems. By using, visiting, browsing, accessing, or interacting with this website, or other programs, products, services, or software offered by Erica Burns Functional Health Gems or any of its licensees (collectively “services”), you agree that you have read, understand and are in agreement to be bound by these terms. Do not use, visit, browse, access, or interact with any part of this website if you do not agree to these terms.
At the sole authorization and discretion of Erica Burns Functional Health Gems, the website owner may make changes to this agreement at any time, with or without notice to you. Your acceptance of such alterations is implied by your continued use, visitation, browsing, access, or interaction with any part of this website. The most up-to-date and current version of this agreement supersedes all previous versions and can be reviewed at the “Terms of Use” hyperlink at the bottom of every page on the Erica Burns Functional Health Gems website.
ACCESS TO THE WEBSITE
You may be asked to provide particular information or registration details as a condition of your use of this site and the resources it provides. A prerequisite condition of your use of this site is that all the information you provide on this site is current, correct, and complete in nature. Erica Burns Functional Health Gems reserves the right to refuse you access to this site or any of the resources it offers, or to suspend or permanently terminate your access at any time if Erica Burns Functional Health Gems believes the information you provide is not current, correct, and complete.
RESTRICTIONS ON USE
By using, visiting, accessing, browsing, or interacting with this site, you are agreeing to only use this site for purposes expressly permitted by this site. It is a condition of your use of the Erica Burns Functional Health Gems website that you will not use the website for any purpose that is unlawful or prohibited by these terms, notices, and conditions.
You may not, and may not authorize any party to, co-brand this site. For the purposes of this Terms of Use, “co-branding” means to display a logo, name, trademark, or any other means of attribution or identification of any party in such a fashion as is reasonably likely to provide the user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. In addition, you agree to cooperate with Erica Burns Functional Health Gems in causing any unauthorized co-branding or framing immediately to cease. Furthermore, you may not use Erica Burns Functional Health Gems’ website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party’s use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s).
PERMISSIONS ON USE
Erica Burns Functional Health Gems grants permission for you to link directly to Erica Burns Functional Health Gems website(s) to direct visitors to the website(s). The page title must be included and directly hyperlinked when hyperlinking to specific content from the Erica Burns Functional Health Gems website. You must attribute the link to “Erica Burns Functional Health Gems” and directly link to https://www.functionalhealthgems.com/. You are explicitly forbidden from using a photo from the Erica Burns Functional Health Gems’ website without prior permission and you likewise may not alter photos from the Erica Burns Functional Health Gems’ website for any use. To request permission to use a photo, please email erica@functionalhealthgems.com.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Erica Burns Functional Health Gems’ website(s) are for your personal and non-commercial use unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without Erica Burns Functional Health Gems’ express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to Erica Burns Functional Health Gems’ website(s).
PROPRIETARY INFORMATION
The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by Erica Burns Functional Health Gems (the “Content”) is the proprietary information of Erica Burns Functional Health Gems or the party that provided or licensed the Content to Erica Burns Functional Health Gems, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Erica Burns Functional Health Gems, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates the intellectual property rights of Erica Burns Functional Health Gems. Neither title nor intellectual property rights are transferred to you by access to this site.
HYPERLINKS AND AFFILIATE USE
This site may be hyperlinked to other sites which are not maintained by, or related to Erica Burns Functional Health Gems. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Erica Burns Functional Health Gems. Erica Burns Functional Health Gems has not reviewed any or all of such sites and is not responsible for the content of those sites. Erica Burns Functional Health Gems is not responsible for webcasting or any other form of transmission received from any hyperlinked site. Hyperlinks are to be accessed at the user’s own risk, and Erica Burns Functional Health Gems makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this site. Erica Burns Functional Health Gems provides hyperlinks as a convenience, and the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by Erica Burns Functional Health Gems of that site or any association with its operators.
Erica Burns Functional Health Gems may receive compensation in the event you purchase products through affiliate links. No additional costs are passed to you for your purchase of a product through an affiliate link. Erica Burns Functional Health Gems may receive monetary compensation or other types of remuneration for my endorsement, recommendation, testimonial and/or link to any products or services from this website. Please review the entire Affiliate Disclosure for more details.
USE OF COMMUNICATION SERVICES
Erica Burns Functional Health Gems’ websites may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service.
Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:
i) you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
ii) advocates illegal activity or discusses an intent to commit an illegal act;
iii) is vulgar, obscene, pornographic, or indecent;
iv) does not pertain directly to this site;
v) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
vi) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
vii) harvests or otherwise collects information about others, including e-mail addresses, without their consent;
viii) violates any law or may be considered to violate any law;
ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;
xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
xii) solicits funds, advertisers or sponsors;
xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
xv) includes MP3 format files;
xvi) amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;
xvii) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
xviii) contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.
YOUR BUSINESS NAME reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. YOUR BUSINESS NAME reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. YOUR BUSINESS NAME also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.
Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither YOUR BUSINESS NAME nor any third party that provides Content to YOUR BUSINESS NAME will assume or have any liability for any action or inaction by YOUR BUSINESS NAME or such third party with respect to any submission. YOUR BUSINESS NAME reserves the right to periodically purge any information or content you provide, without any notice.
YOUR BUSINESS NAME cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. YOUR BUSINESS NAME does not control or endorse the content, messages or information found in any Communication Service and, consequently, YOUR BUSINESS NAME specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized YOUR BUSINESS NAME spokespersons, and their views do not necessarily reflect those of YOUR BUSINESS NAME.
SUBMISSIONS
You hereby grant to YOUR BUSINESS NAME the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to YOUR BUSINESS NAME through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. YOUR BUSINESS NAME will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future YOUR BUSINESS NAME operations.
YOUR BUSINESS NAME will treat any personal information that you submit through this site in accordance with its Privacy Policy.
PERSONAL INFORMATION
Our online inquiry forms may solicit visitors to voluntarily provide contact information such as name, email address, phone number, and mailing address and demographic information such as age and how you learned about us. Pursuant to our Privacy Policy, we use this contact data to facilitate communications with visitors. Customers may receive a follow-up email after submitting our online inquiry form and may be further contacted only by the means specified by the customer in the form. Users may request email or telephone contact, or to subscribe to an opt-in newsletter updating them on program activities. The customer’s contact information may be also used to contact the visitor regarding their specific request or to send administrative notices regarding their use of the site. Users may opt-out of receiving future mailings. Demographic and profile data may be collected at our website. We use this data to tailor our visitor’s experience at our website, showing them content that we think they might be interested in, and displaying the content according to their preferences. All collected data is for internal use only and is never shared with third parties.
MEDICAL DISCLAIMER
No information, material, content, resources, or services on the YOUR BUSINESS NAME website(s) constitutes medical advice. The information, material, content, resources, and services presented on YOUR BUSINESS NAME website(s) is strictly informational in nature and unless otherwise noted represents the opinion s of the author. The information, material, content, resources, and services presented on YOUR BUSINESS NAME website(s) are not intended in any way to be a substitute for medical advice, diagnosis, care, or treatment or for prevention of any disease. Any and all medical care you receive for any health or medical condition should be administered by your medical physician or specialist or otherwise qualified licensed health professional.
Your visitation, access, browsing, interaction, and use of the YOUR BUSINESS NAME website(s) does not in any way create, nor is it intended to create a physician-patient or a coach-client relationship. By your visitation, access, browsing, interaction, and use of this site, you are agreeing that you shall not make any medical or health-related decision based in whole or in part on anything contained on this site.
Before engaging with any protocol or following any particular recommendations presented by YOUR BUSINESS NAME, you must consult with your medical physician or specialist or otherwise qualified licensed health professional. None of the opinions, content, information, resources, materials, services, or products on the YOUR BUSINESS NAME website(s) has been independently evaluated by the FDA. As such, none of the information presented on this site can or should be used to diagnose, treat, prevent or cure any disease or health condition under any circumstances. For additional information, please see the full Disclaimer hyperlink at the bottom of any page.
LIMITATION AND LIABILITY
YOUR BUSINESS NAME, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF YOUR BUSINESS NAME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF YOUR BUSINESS NAME AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO YOUR BUSINESS NAME FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
TERMINATION OR RESTRICTION OF ACCESS
YOUR BUSINESS NAME reserves the right, in its sole discretion, to terminate your access to any or all of YOUR BUSINESS NAME’ websites and the related services or any portion thereof at any time, without notice.
INDEMNITY
You will indemnify and hold YOUR BUSINESS NAME, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of YOUR BUSINESS NAME or the party that provided the trademarks, services marks, logos, and copyrighted works to YOUR BUSINESS NAME. YOUR BUSINESS NAME and any party that provided trademarks, service marks, logos, and copyrighted works to YOUR BUSINESS NAME retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.
You may not use YOUR BUSINESS NAME logos or trademarks in any way that would lead consumers to mistakenly believe that your products, services, and offerings are in any way endorsed by, affiliated with, or related to YOUR BUSINESS NAME.
The entire contents of the website and the technology underlying, including but not limited to text, graphics, images, audio files, videos, digital downloads, data compilation, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of YOUR BUSINESS NAME, and is protected by copyright and other intellectual property or proprietary rights. All contents of YOUR BUSINESS NAME’ website(s) are Copyright © 2022 YOUR BUSINESS NAME. All rights reserved.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the service provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
SECURITY
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). YOUR BUSINESS NAME will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that YOUR BUSINESS NAME considers insecure, YOUR BUSINESS NAME will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, YOUR BUSINESS NAME reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. YOUR BUSINESS NAME reserves the right to investigate suspected violations of these Terms of Use.
YOUR BUSINESS NAME reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction YOUR BUSINESS NAME to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS YOUR BUSINESS NAME FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY YOUR BUSINESS NAME DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER YOUR BUSINESS NAME OR LAW ENFORCEMENT AUTHORITIES.
MISCELLANEOUS
These Terms of Use will be governed and interpreted pursuant to the laws of Michigan, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Michigan in connection with any dispute between you and YOUR BUSINESS NAME arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Michigan.
If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and YOUR BUSINESS NAME as a result of this agreement or use of YOUR BUSINESS NAME’ websites.
These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and YOUR BUSINESS NAME with respect to YOUR BUSINESS NAME’ websites.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.
YOUR BUSINESS NAME may revise these Terms of Use at any time by updating this posting.
COMMENT POLICY
In addition to the aforementioned rules governing information shared via Communication Services, YOUR BUSINESS NAME reserves all rights to edit, delete, move, ban, or mark as spam any content or comment at any time. YOUR BUSINESS NAME also reserves the right to prohibit access via IP address to any individual or group from commenting and making use of forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities.
When a comment is made, YOUR BUSINESS NAME reserves the right to approve or deny posting of the comment or links. Slander, libel, disrespect, prejudice, and discussion of illegal topics of any kind will not be tolerated. Use of crude language will likely result in the deletion of comments. Likewise, comments that contain proprietary, plagiarized, or copyrighted information will be deleted and the commenter may be blocked from future comments, interactions, and use of the websites. The user should not divulge any private information within comments. Comments containing email addresses, phone numbers, physical mailing addresses, and other personal information may be deleted to protect the privacy of the affected party.
All content contained within blog comments is the responsibility and liability of the individual commenter. By using the comment feature, a user is agreeing that the content he or she is submitting is their own. By submitting a comment, the user is also agreeing to hold the site, YOUR WEBSITE. and all post authors and content creators, harmless.
Users are not permitted to impersonate other individuals. The user should supply her or his first real first name when commenting, or the comment may be deleted or marked as spam, in which case it will no longer be seen by the website owners.
AFFILIATE DISCLOSURE
For more important information regarding the use of this site, please also visit the Terms of Use, Disclaimer, and Privacy Policy.
The Standard FTC Disclosure applies to this website: I may receive compensation in the event you purchase products through affiliate links. No additional costs are passed to you for your purchase of a product through an affiliate link. I may receive monetary compensation or other types of remuneration in exchange for endorsements, recommendations, testimonials and/or links to any products or services from this site.
What does this mean?
In essence, if you decide to purchase a product that is linked on my website, I may earn a small commission. However, there is absolutely NO cost passed on to you when you click on, or purchase through an affiliate link.
My mission is to solely support companies that I trust and promote products that I use personally, deem effective, or consider high quality.
In addition, at this time I do not write paid posts or accept free products in exchange for review on my website. The thoughts and opinions expressed herein are my own and hence, do not represent those of any sponsor or advertiser.
What is an affiliate link?
At times, product links on my website are affiliate links. In other words, there is a tracking code that corresponds with the link that enables me to earn a small commission for the sale. However, the price remains the same for you whether you purchase through my website or not.
Please keep in mind that you are under no obligation to use my links.
EFFECTIVE DATE
This Terms of Use is effective as of April 2022, and shall remain in effect unless modified by YOUR BUSINESS NAME so should be reviewed periodically for updates. Continued use, visitation, browsing, interaction, or access to this website constitutes acceptance of the revised Terms of Use.