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Terms of Use

FUNCTIONAL PATTERNS LLC. TERMS OF USE

These terms and conditions of use (“Terms”) apply to the use of the Functional Patterns Inc. Service, including the use of the content, products or applications made available to you via the Service. In using the Service, you agree to be bound by these Terms. If you do not accept these Terms, please discontinue using the Service. These Terms must be read in conjunction with any other applicable terms and conditions of use governing the use of the Service.

By accessing or using the Service, you indicate that you have read and accept these Terms and agree to abide by and be bound by all such Terms. If you do not accept all applicable Terms, please refrain from using the Service.

DEFINITIONS

“Content” means the written, visual and audio content published in a Product, Digital Product or published on or available through the Service;
“Courses” means any online course provided and administered by FP on the Service, including but not limited to, their certification courses and educational courses;
“Digital Products” means any books, Courses or any other works available to purchase in digital format through the Service;
“FP” means Functional Patterns LLC of 2820 Elliott Avenue, Seattle WA, 98121 (also referred to herein as “we”, “us” or “our”);
“GST” means any applicable goods and services tax;
“Personal Information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable:
(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in a material form or not;
“Products” means any physical or digital products (including the Digital Products), functional training products or goods available for purchase through the Service by FP;
“Service” means the Site and any other platform or electronic interface through which you can access FP Content and purchase the Products or Courses on which these Terms appear;
“Site” means the website https://www.functionalpatterns.com/ and any other website on which these Terms appear; and
“you” means the person, jointly and severally if more than one, using the Service or acquiring the Products from FP.

APPLICATION OF THE TERMS

1. The Service is owned and operated by FP.
2. Through the Service you can:
     2.1 purchase Products
     2.2 purchase and undertake Courses; and
     2.3 access the Content.
3. FP may amend these Terms from time to time without notice. Any amendment will be effective immediately upon being posted on the Service. Your continued use of the Service after any amendment becomes effective will constitute your agreement to be bound by these Terms, as amended.

FP reserves the right to vary or modify the Content, Products, Courses or other information contained on or available through the Service, to change or discontinue any feature or part of the Service, Products or Courses, or to change the hours of availability and the equipment required to obtain access to the Service, without notice and without liability.

REGISTRATION

4. You may be prompted to register with the Service and to submit certain information in order to complete such registration (“Registration Information”). The Registration Information may include, but is not limited to, your name, contact details and credit card details.

5. You must keep your Registration Information confidential. You are solely responsible for any loss or damage you or we may suffer as a result of your failure to do so.

6. Upon registration, you will create a login and password. Unless stated otherwise, each registration is for a single user only and not for multiple users. You are responsible for maintaining the confidentiality and security of your login and password details. You are responsible for any and all activities on the Service which occur under your login and password.

7. You are responsible for the content of all Registration Information entered on the Service. All Registration Information you enter must be accurate, complete and not misleading. You are responsible for maintaining and updating your Registration Information as required.

8. FP may suspend, terminate or prevent your account and/or your access to any or all of the Service at its sole discretion. Where we suspend, terminate or prevent your registration, you must not attempt to re-register without our prior written consent from FP.

9. You may terminate your registration at any time by emailing [email protected]

SECURITY OF INFORMATION

10. No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information provided by you which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.

11. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information (including your Registration Information). You agree that you will not share your password, let anyone else access your account, or do anything that might put the security of your account at risk.

12. We reserve the right to remove your username or similar identifier in respect of your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your use of the Service.

PRIVACY

13. FP is committed to protecting your privacy. FP will comply with FP’s Privacy Policy which can be found at https://www.functionalpatterns.com/privacy-policy/ (“Privacy Policy”).

14. FP may collect, use, store, record and transmit your Personal Information entered on the Service in accordance with its Privacy Policy. For further details, please refer to the Privacy Policy.

15. FP will comply with your requests relating to any concerns about the protection of Personal Information held by FP on behalf of you (if any). If you have any requests or concerns you are requested to contact FP’s Privacy Officer at [email protected]

16. The provision of Personal Information and your continued use of the Service constitutes your approval for FP to deal with your Personal Information.

17. We reserve the right to change the Privacy Policy from time to time. Please visit the Service regularly and check our current Privacy Policy.

DISCLAIMER (USE OF THE SERVICE)

18. FP does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on the Service (“Information”) or that it is suitable for your intended use. The Information is provided by FP in good faith on an “as is” basis without warranty of any kind.

19. FP does not warrant or represent that the Information or the Content is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of the Service and the Information is at your own risk.

20. All warranties, representations and statutory guarantees and any liability which may arise in relation to your access to or use of the Service or the Information is expressly excluded to the maximum extent permitted by law.

21. To the extent permitted by law, FP makes no warranties, guarantees or representations that the material in the Service will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check on any Information accessed or downloaded.

22. We may update the Service from time to time, and may change the Information or Content at any time. Please note that any of the Information or Content on the Service may be out of date at any time, and we are under no obligation to update it.

23. Use of the Service requires compatible devices, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. You agree that these requirements, which may change from time to time, are your responsibility.

24. You are solely liable and responsible for any third-party charges incurred by you in accessing and using the Service, including in particular any network charges for fixed or mobile internet use.

25. If you are under the age of 18, you must first obtain the consent of your parent or guardian to use or register with the Service. We reserve the right to seek any form of verifiable parental consent as we believe appropriate at any time.

DISCLAIMER (PRODUCTS)

26. We reserve the right to remove the Products which we sell on the Service with or without notice at any time. We will not be liable or responsible if for any reason any or all of the Products are unavailable at any time or for any period.

27. We provide no warranty as to any results or outcomes associated with using the Products or completing the Courses.

28. FP makes no warranties, guarantees or representations (unless required by law) that downloading or accessing the Digital Products will not cause damage or that the Digital Products are free from any computer virus or other defects. It is your responsibility to complete a virus check on any Digital Products accessed or downloaded.

29. FP makes no representation that the Digital Products will be compatible with the device or machine on which you are accessing the Service.

DISCLAIMER (MEDICAL)

30. FP is not a medical organisation and we do not, and cannot give or purport to give, you any medical advice or assistance in whatever form. Nothing in the Services, Products, Courses or anything associated with them should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs.

31. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, before you access and use the Services, Courses and/or Products we encourage you to seek appropriate medical advice or assistance before embarking on any use of the Services, Products or Courses.

32. You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Service, Products and Courses, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such Content, Products, Courses, services or offers. Your use of the Services, Courses and Products is at your sole risk.

LIMITATION OF LIABILITY

33. The provisions of this clause set out our entire liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of all losses, claims or liabilities arising under or in connection with the Terms, the purchase of any Products or Courses your use of the Service generally, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.

34. FP will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) the Service, a Course or a Product, or related to the Content or Information provided on the Service.

35. Under no circumstances will FP be liable for any direct, indirect, incidental, special or consequential loss or damage, including personal injury, loss of programs or data, loss of business, loss of opportunity, business interruption, adverse effect on reputation and/or goodwill or lost profits, to the extent permitted by law.

36. Where liability cannot be excluded, any liability incurred by FP is limited to the re-supply of the Product, Course, Information or Content (as applicable) or the reasonable costs of having the Product, Course, Information or Content re-supplied.

37. FP shall have no liability to you for any loss, damage or inconvenience suffered due to the unavailability, withdrawal, corruption or loss of any Product, Course, Content or Information or other material or data from or on or made available via the Service, or for any use of or reliance on any Product or Course.

38. Notwithstanding the above, nothing in the Terms restricts, limits or modifies your rights or remedies against FP for failure of a statutory guarantee under applicable law.

39. Notwithstanding the above, nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or services which cannot be so excluded, restricted or modified.

PRICING AND PAYMENT

40. All prices displayed on the Service are exclusive of GST or any other value added tax unless stated otherwise.

41. Payment must be made immediately prior to confirmation of your order. Confirmation of purchase will not be provided until payment is received by FP.

42. If payment is made via a third party payment system, you must abide by any terms and conditions applicable to that payment system.

DELIVERY

43. FP will make any items purchased from the Service available for access or delivery in the manner specified on the Service.

44. In relation to the purchase of Products from the Service, unless otherwise specified title will pass to you on receipt of full payment from you or when you receive the Products, whichever happens later.

45. Unless otherwise specified, risk of loss or damage to the Products will pass to you when we provide the Products to a third party for delivery of it to you.

46. Any period or date for the delivery stated by FP is an estimate only and not a contractual commitment.

47. If you have difficulty accessing the Courses after having been advised by FP that online access has been granted, please email [email protected] for assistance.

48. Successful completion of the FP 10-week online Course (“Online Course”) is a pre-requisite for entry into the FP Human Foundations Certification Courses (“Human Foundations”). You will need to provide evidence of your purchase and completion of the Online Course upon your application for Human Foundations. Each Online Course will admit only one (1) person (being the person who purchased and completed the Online Course) for entry into Human Foundations.

THIRD PARTY MATERIAL

49. You may be able, through hypertext or other links on the Service or through a Product, to gain access to websites or materials which are not owned or operated by FP (“Third Party Material”) from time to time. Unless otherwise specified, the Third Party Material is not owned by FP and is not under FP’s control.

50. The Third Party Material may have different terms and conditions and privacy requirements. We strongly advise you to read the terms and conditions and privacy policies of any Third Party Material that you access.

51. You agree that FP is not responsible for examining or evaluating the content or accuracy of the Third Party Material.

52. You acknowledge and agree that FP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Material.

53. You agree that you will not use any Third Party Material in a manner that would infringe or violate the rights of any other party and that FP is not in any way responsible for any such use by you.

INTELLECTUAL PROPERTY

54. You acknowledge and agree that all Products, Courses, Content and Information is protected by copyright, trade mark or other intellectual property rights and laws and remains the property of FP or FP’s third party suppliers or licensors as the case may be.

55. No part of the Products, Courses, Content or Information may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without FP’s prior written consent. However, you may download and print these Terms and the FP Privacy Policy for your personal non-commercial use.

56. All trade marks and trade names which appear on the Service are proprietary to FP and/or its affiliates. Use of these trade marks without the owner’s consent will infringe the owner’s intellectual property rights. Nothing in the Service or in a Product should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.

57. For the avoidance of doubt, unless specified otherwise, we are the owner or the licensee of all intellectual property rights in the Service and any Courses, Products, Content or Information made available to you via the Service. All such rights are reserved. Our status (and that of any identified contributors) as the authors of Content on the Site must always be acknowledged.

SPAM

58. The publication of any FP email addresses on the Service is to facilitate communications relating to the Service, Courses and Products supplied by FP. It must not be inferred as consent by FP to receive unsolicited commercial electronic messages.

SERVICE MAINTENANCE

59. You acknowledge and agree that from time to time we may need to suspend access to all or a part of the Service or the Courses, Products, Content or Information made available via the Service while we fix defects and errors in the Service, install updates and undertake general diagnosis and maintenance of the Service or undertake emergency maintenance, and that as a result of which the Site applications may be less accessible or unavailable to you from time to time.

DIGITAL PRODUCTS

60. All Digital Products (including the literary work contained therein) is the exclusive property of FP or its licensor and is protected by copyright.

61. Upon downloading or accessing any of the Digital Products and payment of any applicable fees (including any applicable taxes), FP agrees to grant you an non-exclusive right to view and use the digital content solely through the Service for your personal, non-commercial use, for the term of the licence as specified by FP at the time of purchase.

62. You may not sell, rent, distribute, or otherwise assign any rights to the Digital Products.

CANCELLATIONS AND REFUNDS

63. If FP is unable to deliver or provide the Products or Courses then it may cancel your order (even if it has been accepted) by written notice to you. In such circumstances, FP will refund to you the purchase price.

64. No purported cancellation or suspension of an order or any part of it by you is binding on FP once the order has been accepted and payment confirmed.

65. To the extent permitted by law, we make no representations to you in respect of your use of the Products and Courses offered by the Service. Notwithstanding this, to the extent that our Products and Courses come with guarantees that cannot be excluded under legislation, you will be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality.

66. Subject to above, at our sole discretion, any claim for a refund will be considered on a case by case basis and we reserve the right to either provide you with a refund once the purchase is ordered, paid for and sent to you, or refuse your claim.

MISCELLANEOUS

67. By accessing and using the Service, you agree to submit to the exclusive jurisdiction of the Courts of Hawaii, United States of America. If you access the Service from other jurisdictions, you are additionally responsible for compliance with local laws.

68. FP’s failure to enforce any of these Terms shall not be construed as a waiver of any of FP’s rights.

69. FP may require you to sign additional terms or agreements relating to specific Products or Courses being purchased from the Service (“Additional Terms”). The Additional Terms will prevail to the extent of any inconsistency between these Terms and the Additional Terms.

70. If any term is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Terms without affecting the enforceability of the remaining terms.

71. A notice must be in writing and handed personally or sent by facsimile, email or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.

January 2020