Terms of Service

Welcome to www.ffmove.com. The websites made available to you comprise various web pages operated by Functional Foundations, LLC at this web address as well as www.functionalfoundations.thinkific.com/courses/bk (the “Website”). The following terms of service and any other terms, conditions, provisions, or documents referenced or incorporated herein (together, the "Terms" or the “Terms of Services”) constitute a legally binding agreement between you and Functional Foundations, LLC, its subsidiaries, affiliates, partners, representatives, directors, members, and managers (collectively referred to as "us," "we," or "our") and govern your access and use of and describe your rights and responsibilities while using the Website, and any embedded or linked websites and applications, including, but not limited to Thinkific and PayPal, videos, and other content (collectively, the "Services"). Functional Foundations creates and makes available; content, videos, training materials, products, services, and/or other materials (collectively along with our titles, features, content, software, updates, audio content, video files, downloadable content, add-ons, and/or modified versions, "Content"), made available on our Website and third-party platforms like Thinkific.

By registering and using the Functional Foundations Services, you hereby agree to be bound by the following terms. These Terms are an agreement between you on the one hand (collectively, "you" or "user"), and Functional Foundations, on the other hand, regarding the Services. These Terms constitute the terms of service upon which we offer you information, services and products sold, provided or offered to you through our Website. The term “Service” or “Services” as used throughout include but are not limited to Functional Foundations services and information, services and products offered through our Website. 

Many of the Functional Foundations Services will be provided through the third-party application and website Thinkific and thinkific.com, which may include applications, webpages, and other digital media, in addition to Content (“Thinkific”). When you access Functional Foundations Services through Thinkific or register on Thinkific, these Terms of Service shall apply to you. Also, when you access Functional Foundations Services through Thinkific or register on Thinkific, Thinkific’s Terms and Conditions shall apply to your use of Thinkific to the same extent that they apply to us. THINKIFIC’S TERMS AND CONDITIONS CAN BE FOUND here. If there is a conflict or discrepancy between these Terms and Conditions and the Thinkific Terms and Conditions, if the provision applies to you, the more restrictive provision shall apply and if the provision applies to Functional Foundations or Thinkific the more expansive or permissive term shall apply.

Functional Foundations is only willing to provide the Services to parties that have accepted all the terms and conditions herein these Terms of Service and are not minors or otherwise not qualified or capable to receive or participate in the Services. Further, by accessing the Website or signing up to use the Services, you hereby agree that you understand these Terms of Service in their entirety and that you have the requisite authority, power, and right to enter into a binding agreement that are these Terms of Service. If you do not have the authority to be bound by these Terms of Service of the capability to receive the Services, or if you do not agree to all the terms and conditions herein these Terms of Service, we are unwilling to provide the Services to you, do not use our Services.

Arbitration Notice; Liability Waiver

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT AND WAIVER OF LIABILITY SET FORTH BELOW ON PAGES 10-11 CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH FUNCTIONAL FOUNDATIONS ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION AND WAIVE OTHER RIGHTS YOU MAY HAVE. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THESE TERMS OF SERVICE AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS DECISION.

Changes to these Terms

We reserve the right to change, update, modify, discontinue or terminate the Services, these Terms, or access to Thinkific, temporarily or permanently, at our sole and final discretion.  Any changes to these Terms may be displayed on the Website and/or in Thinkific, and we will try to notify you by email or other means of contact. By continuing to access or use Thinkific, the Website or Services after we post any and all modifications on the Website, Thinkific, or our Service, you are acknowledging that you agree to be bound by and under the amended Terms.  We will not be liable to you or any third party for the suspension, discontinuance, or inaccessibility of the Website, Thinkific or Services for any reason whatsoever and from any cause.

Eligibility and Account Registration

You may need to register for an account to access some or all of our Services. Before you create an account, you confirm that you are eligible to use our Services. By using the Services, you warrant and represent that: 

  1. You are at least 18 years old or of the legal age in your jurisdiction, and you have the capacity, right, and authority to enter a legal agreement and will abide by all the provisions of these Terms of Use;
  2. If you Register for an account directly with Functional Foundations or Thinkific, you shall provide Functional Foundations with accurate and complete registration information (including, but not limited to, your age, weight, gender, health information, email address, and/or mobile telephone number and a password you will use to access the Service).
  3. If you register for an account with Functional Foundations through Thinkific, you shall provide all information required by Thinkific and consent to Thinkific sharing of information provided to them to us.  THINKIFIC’S PRIVACY POLICY CAN BE FOUND here. Terms shall apply to all accounts made on the Website, whether described as Functional Foundations accounts or user accounts, and all aspects of such accounts. 
  4. You will also keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Functional Foundations account.

By registering to use Functional Foundations, you agree that you will not (whether directly or through Thinkific):

  1. select as your User ID a name that you don't have the right to use or another person's name with the intent to impersonate that person;
  2. create an account for anyone other than yourself;
  3. be disrespectful when communicating with any other user of the Services;
  4. create a user name or Functional Foundations account that is subject to any rights of a person other than you without appropriate authorization;
  5. create a user name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful; or
  6. Misrepresent your age, identity, or your Functional Foundations profile details.

We reserve the right to refuse registration of or cancel a user name at our sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Functional Foundations password. You shall never use another user's account without such other user's prior express permission. You accept responsibility for all activities that occur under your User Account. You will immediately notify us and Thinkific in writing of any unauthorized use of your account or other account-related security breaches of which you are aware.

Content Ownership and Intellectual Property Rights

As between you and us, all content made available to you through the Services, the Website, Thinkific, or any other medium is owned by us. We claim all property rights, including intellectual property rights, for this Content, and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to missuse our property.

You agree not to copy Content from our Services, Thinkific, or the Website without our permission. Any requests to use our Content should be submitted to us by email and must be acknowledged in writing by us before you may use any Content.

The Website, but only certain aspects of Thinkific, are controlled and operated by us, and all material in or on the Services, the Website, and what we provide on Thinkific including, but not limited to, images, illustrations, audio clips, and video clips, blog posts, name, image, and likeness are protected by copyrights, trademarks, and other intellectual property rights.

Material and Content made available to you through the Services is solely for your personal, non-commercial use. You must not and do not have permission to copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly. You must not assist any other person in doing so either. Any use of the Website, Thinkific, the Services or the Service Content, other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable by us at any time without notice and with or without cause.

Without the prior written consent of us, the owner, modification of the materials or Content, use of the materials or Content on any other website or networked computer environment, or use of the materials or Content for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, other proprietary rights, these Terms, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, or where you share or provide access to Services to anyone outside of your household, is a commercial use for this clause's purposes.

If you believe that your intellectual property rights have been infringed upon by our service content, please notify us by sending an email. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.

License Grant

Subject to these Terms and your compliance therewith, we grant to you a personal, nonexclusive, nontransferable, non-sublicensable, revocable, limited right and license to download, play, listen to, display, and use the Content and Services solely for your permitted use within the Services (collectively, the "License"). "Content" means the audio and/or video recordings, text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, or other materials that are generated, provided, or otherwise made available through the Services, Website, and Functional Foundations.

The rights granted to you under the License are subject to these Terms and your full compliance with the Terms, and you may only make use of the License if you comply with all applicable Terms. The Content is licensed, not sold, to you, and you hereby acknowledge that no title or ownership in the Content is being transferred or assigned to you, and the Terms or your payment should not be construed as a sale of any rights in the Content or the Services. We retain all right, title, and interest to the Content and Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audio files, MP3 files, video files, audiovisual files, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. Functional Foundations has the right to remove some or all of the Content from the Website  at any time for any reason.

The Content made available to your through the Services is protected by U.S. copyright and trademark law and any other applicable intellectual property laws and treaties throughout the world. You acknowledge that all copyrights and other intellectual property rights in the Services are owned by us or our third-party licensors to the fullest extent permitted under the United States Copyright Act and all international copyright laws and all other applicable laws. All rights in product names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of our Content and Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to us or our licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. 

The Content may not be copied, reproduced, altered, modified, or distributed in any manner or medium, in whole or in part, without prior written consent from Functional Foundations.  All rights not expressly granted under this Agreement are reserved by Functional Foundations.

Content Use Conditions and Community Guidelines

By using our platform, the Website, and the Services that we provide, you understand and agree that you are responsible for your own conduct while making use of our Services and the content that we make available to you and for any consequences thereof. 

By using the Services that we provide, you are to use it at your own risk, and that you will not use the Services to violate any applicable law, regulation, policies, Thinkific Terms and Conditions, or instructions as outlined in these Terms, and you will not encourage or enable any other individual to do so.

You also understand and agree that our content, videos, and accompanying materials require physical exercise or activity. By voluntarily participating in this fitness program, you assume all injury risks. Without limiting the generality of the foregoing, you understand and acknowledge that there are risks of physical injury, or even death, associated with any physical activity, including the Functional Foundations exercise program, Services, and that, in addition, certain medical conditions may be aggravated or made worse by physical activity, including pregnancy and post-partum conditions pelvic organ prolapse, pelvic floor dysfunction, diastasis recti, preeclampsia, musculoskeletal injury (collectively, "Risks"). You assume any and all risk and danger incidental to the use of the videos and any other materials offered by Functional Foundations, including but not limited to the foregoing Risks and how you perceive and utilize the information conveyed in the Functional Foundations videos and activities. You agree to consult with your physician before commencing the exercise program shown in the Functional Foundations materials, and you agree not to participate in Functional Foundations programs with any medical condition, including, but not limited to, a history of heart disease, that poses a direct threat to the health or safety of yourself or others and that Functional Foundations shall not be liable for any injury resulting from or arising out of, participating in the Functional Foundations exercise program or from the Risks. You also understand that Functional Foundations encourages you to exercise and eat a healthy, well-balanced diet on your own to supplement the Functional Foundations exercise program, and that you, not Functional Foundations, assume all risks and responsibilities for your own actions, safety, health, performance, well-being, and any complications or injuries which may arise when exercising or eating on your own.

Under no circumstances and under no legal theory, tort, contract, strict, liability, or otherwise, shall we or any related companies be liable to you or any other person for any indirect, special, incidental, damages for lost profits, loss of goodwill, work stoppage, the accuracy of services, content or results, computer failure or malfunction, or damages resulting from the Content, Services or any parts thereof.

You also agree to indemnify and hold harmless Functional Foundations and its officers, employees, agents, representatives, affiliates, subcontractors, members and assigns, against any and all claims, disputes, demands, actions, suits, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys' fees and costs) made or entered into against us that arise out of, relate to or are the result of your actions, contents and communications related to our Services. Similarly, if you have a dispute with any third party relating to your use of our Services, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes

Membership Purchase and Payment of Fees

We may make certain paid features available to you through the Website (primarily Thinkific) under a one-time, recurring, package, bundle, or other fee payment. Via Thinkific, you can subscribe and get full access to the Services in order to become a member. You are responsible for the management of your account details. If you lose your data or suspect that your account has been breached, please let us know immediately. Functional Foundations has the right to refuse a request for subscription purchase. Usage of the paid is for personal and non-commercial use, and as such, you are not allowed to provide your password to third parties. 

Subscribing to our Services through the Website requires you to have a valid method of payment, such as a credit card or debit card (a "Payment Method"). You are responsible for all charges incurred in connection with your payment, and you agree to pay the fees and applicable charges for any purchased feature. If payment is not received in full, in addition to all other remedies available to us for breach of the Terms, WHICH SHALL INCLUDE CHARGES FOR COSTS OF COLLECTION INCLUDING ATTORNEY’S FEES, and any other remedy at law or in equity, we may terminate or otherwise discontinue the promotion, packaging, delivery, or access to or any other work related to the Services and products specifically. Notwithstanding any action we take, you remain liable for full performance of all obligations to be performed by you under these Terms. All such remedies are cumulative, and may be exercised concurrently or separately by us.  

User Representation and Platform Guidelines

You hereby represent, warrant, and agree that any material of any kind submitted through your account or otherwise posted or shared by you through the Services, Website, or Thinkific will not be in violation of the rights of any third party; including but not limited to the copyright, trademark, publicity, privacy or other personal or proprietary rights.

Although we are committed to providing a safe user experience, we do not guarantee that the Website, or any Content in it or Services, will be safe, error-free, or uninterrupted or that it will be free from bugs or viruses. Access to the service may be interrupted, suspended, or restricted from time to time, including because of a fault, error, or unforeseen circumstances or due to scheduled maintenance. We shall not be liable to you for any loss or damage that you may suffer as a result of the service being unavailable at any time for any reason.

You agree, undertake and confirm that your use of the Website, Services, and Thinkific shall be strictly in accordance with the following binding guidelines:

  1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
  1. belongs to another person and to which you do not have any right to make use of or promotes an illegal or unauthorized copy of another person's copyrighted work such as posting any resume or information that doesn't belong to you, providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or,
  3. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual or provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  4. Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming" or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
  5. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
  6. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; contains video, photographs, or images of another person (with a minor or an adult);
  7. tries to gain unauthorized access or exceeds the scope of authorized access to the service or to profiles, blogs, communities, account information, bulletins, or other areas of the service or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
  8. Interferes with another user's use and enjoyment of Thinkific or any other individual's user and enjoyment of similar Services;
  9. Refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
  1. You shall not use any "deep-link," "page-scrape," "robot," "spider" or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the service. We reserve our right to bar any such activity.
  2. You shall not probe, scan or test the vulnerability of Thinkific, the Website, or any network connected to Thinkific, the Website, nor breach the security or authentication measures on Thinkific, the Website, or any network connected to Thinkific. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to the Website,, or any other customer, including any account on Thinkific or the Website, not owned by You, to its source, or exploit Thinkific, the Website, or any service or information made available or offered by or through Thinkific or the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by Thinkific.
  3. It is possible those other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the service and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the service and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the service, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on Thinkific. Please carefully select the type of information that you publicly disclose or share with others on the service.

Third-party links and Services

Some links on the service may allow you to leave the service, such as Facebook and Instagram for the Content on the Website. The linked sites are not in any way under the control of Functional Foundations, and we are not responsible for the contents of any of such linked sites or any link contained in a linked site or any changes or updates to such sites. Furthermore, Functional Foundations does not control what third-party websites like Thinkific post or link to their webpages. 

We are not responsible for any form of transmission sent or received from any linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, adoption, or endorsement by us of the site. Your use of any linked site is at your own risk and is subject to the terms of use and privacy policies located on such site.

Any information or content expressed or made available by a third party or any other Site Visitor or User is that of the respective author(s) or distributor(s) and not of Functional Foundations. We neither endorse nor be held responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the service by anyone other than our authorized agents acting in their official capacities.

Indemnification

You hereby agree to indemnify, defend and hold harmless Functional Foundations and/or its successors, affiliates and successors, managers, employees, agents, or other officers, from and against any and all claims, actions, liabilities, demands, losses, causes of action, procedures, orders, damages, costs, and expenses (including any reasonable attorney's fees and expert witnesses therefrom) of any type of nature, incurred by Functional Foundations and/or its successors, affiliates and successors, and its and their managers, employees, agents or other officers, arising out of or relating to your use of the service (including the Services and products), your breach of this Terms or the Policy, or your infringement of any rights of any third party.

User Generated Contents

We do not in any way guarantee the accuracy, completeness, or usefulness of any information on the Services; neither do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than us. Advise, opinions, statements, offers, or other content or information made available through the Services to you but not directly by us are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for such content. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends over the Services. Under no circumstances shall we be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Service or transmitted to users.

Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable. We reserve the right but have no obligation to monitor or censor the materials posted in or on the Services, to limit or deny a user's access to the Services, take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. We shall have the right to remove any such material that in its sole opinion violates or is alleged to violate the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. We also reserve the right to discontinue any ability or place reasonable restriction on any User generated content, activity, or communication on the Website.

Disclaimer of Warranties

You represent and warrant that you have read, understood, and agreed to be bound by these terms by accessing or using the service. We supply our Website, App and Services (including the products as noted above) "as is," "with all faults," and "as available," including all content, software, data, materials, services, functions, and/or information made available therein.  Accordingly, Functional Foundations is not liable to you for any loss, injury and/or damage (including, but not limited, to actual, incidental, compensatory, punitive, special and other damages as detailed below) that might arise therefrom. Functional Foundations hereby disclaim any express or implied warranties, including warranties regarding the products or services offered by third parties listed on the Site, non-infringement, merchantability, and fitness for a particular purpose.  The use of the products and/or services provided through the site is at your discretion and risk.  No oral or written information or advice provided to you by Functional Foundations shall create a representation or warranty of any kind. 

Limitation on Liability

INFORMATION MADE AVAILABLE TO YOU VIA THE SERVICES SHOULD NOT NECESSARILY BE RELIED UPON AND SHOULD NEVER BE CONSTRUED TO BE PROFESSIONAL MEDICAL ADVICE FROM US. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED AND ARE NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION. WE DO NOT WARRANT THAT ANY DEFECTS WILL BE CORRECTED OR THAT OUR SERVICES WILL BE FREE FROM HARMFUL COMPONENTS. 

IF YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SERVICE SHALL BE TO DISCONTINUE USING THE SERVICE.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO OUR SERVICE (INCLUDING, BUT NOT LIMITED TO, THE PRODUCTS); YOUR USE OF THE SERVICE OR CONTENT, EVEN IF YOU OR WE HAVE BEEN  ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO OUR SERVICE SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS, AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US OR OUR AFFILIATES (IF ANY). ANY SUCH CLAIM SHALL BE SUBJECT TO CONFIDENTIAL BINDING ARBITRATION AS DESCRIBED LATER IN THIS DOCUMENT.

Governing Law and Dispute Resolution

Governing Law: This Agreement shall be governed by the laws of Pennsylvania.  If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed and that you will be responsible for our reasonable attorney's fees, court costs, and disbursements in doing so.  You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party's reasonable attorney's fees, court costs, and disbursements.

Agreement to Arbitrate

Any dispute or claim relating in any way to your use of the Functional Foundations Service will be resolved by binding arbitration rather than in court, except that you may assert claims in small claims court, exclusively in Lancaster County, Pennsylvania if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.

Arbitration Process, Arbitration Rules, and Location

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. In addition to any arbitral award, including dismissal of claims, the prevailing party may seek recoupment of all costs and fees, including reasonable attorney’s fees. 

Class Action Waiver

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason, a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.

General Terms

Entire Agreement: Except as otherwise specified herein, these Terms of Use constitute the entire agreement between you and Functional Foundations with respect to your use of this Web Site and supersedes all prior communications and proposals (whether oral, written, or electronic) between you and Functional Foundations with respect to use of this Web Site. Any rights not otherwise expressly granted by this Agreement are reserved by Functional Foundations. 

Waiver: The failure of Functional Foundations to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. 

Assignability: You may not assign or transfer these Terms and/or Services, by operation of law or otherwise, without Functional Foundations' prior written consent.  Notwithstanding the foregoing, we may assign any rights or obligations hereunder.

Severability: If any part of these Terms of Use is held invalid or unenforceable, by a court of competent jurisdiction, 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.

Notices:

Any notices or other communications provided by Functional Foundations under these Terms, including those regarding modifications to these Terms, will be given: (i) by Functional Foundations via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted

Contacting Us

In order to resolve a complaint regarding the service or to receive further information regarding the use of Thinkific and services, please contact us.

Scroll to Top