Effective Date: December 12, 2022

This website, including the information and features available from the site, such as reviews, articles and advertisements, (“Acufunkture.com” or the “Site”), is an interactive online service operated by Funk Wellness, PLLC (the “Company,” “We”, “Us”), that is designed to be a resource for personal health and wellness focused on increasing your knowledge and understanding of health care topics.

The information on this site is intended to provide general information only, and does not constitute, nor is it a substitute for, personalized medical advice. This site cannot and does not attempt to provide you with any advice specific to your condition or circumstances, and does not establish a doctor-patient relationship. This site should be used as a substitute for advice from a doctor or healthcare provider. Never disregard advice from a physician or delay seeing a healthcare professional due to information found on this site.

Use of this site in any manner is subject to these Terms of Service (“Terms”) and our  . If you do not agree to these Terms and corresponding Privacy Policy, we ask that you refrain from using this Site.

Disclaimers and Limitations

Professional Advice.

Nothing stated or posted on the Site is intended to be the practice of medicine, or other professional services. For purposes of these Terms of Service, the practice of medicine includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnoses, prognoses, or advice. The Company provides no assurances that the information contained in this Site will always include the most recent findings or developments with respect to the particular material. Your access or use of the Site does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on the Company’s part or the part of our advertisers, partners or affiliates. We do not recommend or endorse any specific physicians, professionals, advisors, caregivers, procedures, opinions, advice, or other information that may appear on our Site. If you rely on any of the information provided by our Site, advertisers, or other site visitors, you do so solely at your own risk.

Intellectual Property Rights

Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Limitations on Linking and Framing

You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

Disclaimer of Representations and Warranties.

Neither the Company nor any of its employees, agents, third-party content providers or licensors, makes any warranties or representations as to the accuracy or reliability of information, service or merchandise provided through the Site; nor do they make any warranties or representations as to outcomes that may result from use of any aspect of the Site; nor do they make any warranties or representations that the Site’s online services will be uninterrupted or error free. You expressly agree to use the Site at your sole risk.

The Site is provided on an “as is” basis without warranties or representations of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by, and incapable of exclusion, restriction or limitation under, the laws applicable to these Terms of Service.

We shall not be liable to you for any direct, indirect, general, special, incidental, punitive, or consequential damages. Some states may not allow the exclusion or limitation of consequential or incidental damages, thus the previous disclaimer may not apply to you.

Safeguarding Information.

We use industry-standard technologies and techniques to safeguard our Site. For more information about how we safeguard information, please contact us.

Third Party Links.

Periodically, you may be provided with links to other sites, resources, and features through the Site. As We have no control over such sites, resources, and features, you acknowledge and agree that We are not responsible for, nor do We endorse, the accuracy, content, products, advertising, or any other materials available from such sites, resources, or features. You also acknowledge that We shall not be liable or responsible, directly or indirectly, for any loss, injury, or damage caused or alleged to be caused by or through the use of or reliance upon any such site, resource, or feature.

General Terms

Jurisdiction and Choice of Law.

If there is any dispute arising out of your use of the Site, you expressly agree that any such dispute shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts found in Harris County, Texas, for the resolution of any such dispute. Any party who unsuccessfully challenges the enforceability of this forum selection clause shall reimburse the prevailing party for its attorney’s fees, and the party prevailing in any such dispute shall be awarded its attorneys’ fees.

Changes to these Terms of Use and Privacy Policy.

The Terms of Use and Privacy Policy may change at any time, with any changes being posted on the Site. By continuing to use the Site after such a posting, you agree to the updated Terms and Privacy Policy.

Changes to our Site.

Our Site is under continual development and improvement, and new features will be regularly added and modified to improve the Site experience. Some portion of these Terms may refer to functionality not yet complete or available to users. Those parts of these Terms will be in effect when the relevant parts of the Site become available.

Refund Policy

Unopened supplements and merchandise may be returned for a full refund or exchange within 30 days. Please contact us at hello@acufunkture.com with any questions regarding a refund. Opened products are not eligible for refund. 

Because our events require meticulous monitoring of the number of attendees and planning of clinic resources, no refunds will be offered within 60 days of the workshop start date. We can offer a 50% refund of the total tuition cost more than 60 days in advance of the workshop or program start date (less any PayPal transaction fees accrued by the Company (including domestic and international payment fees), or transfer your total tuition credit to another workshop or program within the next year. Less than 60 days in advance and until the event start date, if appropriate, we can transfer your total tuition credit to another workshop or program within the next year. If you are on a payment plan, your payments will continue to debit until 50% of your total tuition is paid prior to 60 days of the event start date or payment is in full after 60 days. Any cancellations less than 10 days prior to the event will forfeit full tuition.

All Workshop, Online Programs and Long-Term Programs are subject to force majeure, including but not limited to acts of God, fire, flood, natural disaster, war or threat of war, acts or threats of terrorism, civil disorder, unauthorized strikes, governmental regulation or advisory, recognized health threats as determined by the World Health Organization, the Centers for Disease Control, or local government authority or health agencies (including but not limited to the health threats of COVID-19, H1N1, or similar infectious diseases), curtailment of transportation facilities, or other similar occurrence beyond the control of the parties, where any of those factors, circumstances, situations, or conditions or similar ones prevent, dissuade, or unreasonably delay at least 90 percent of prospective Event attendees from appearing at the Event, or where any of them make it illegal, impossible, inadvisable, or commercially impracticable to hold the Event or to fully perform the terms of the Event Agreement. If any of these circumstances arise the Company will automatically transfer your enrollment to the next workshop within a 1-year period.

Deposits

ALL DEPOSITS ARE NON-REFUNDABLE.

The Acufunkture Portal

We created the The Acufunkture Portal to be a space in which participants can ask deep & vulnerable questions and then work one-on-one with the Acufunkture team. To preserve the integrity of this container and the confidentiality for each participant, please do not record other participants during our Office Hours calls and do not share any photos, videos, and/or recordings online (including personal and/or public websites, Facebook, Instagram, Twitter, YouTube, TikTok, Pinterest, and all other social media outlets). By signing up for The Acufunkture Portal, you agree to be held by this confidentiality agreement and agree to enter into a confidential relationship with respect to the disclosure of certain proprietary and confidential information including the teachings of Funk Wellness, PLLC, Dr. Kathleen Funk and all personal information that you may become privy to by other Acufunkture Portal Participants. 

Subscription to The Acufunkture Portal is non-refundable. If you need to cancel or pause your membership prior to the next payment, you can view instructions for canceling your Acufunkture Portal membership here: https://support.vhx.tv/article/387-how-do-i-cancel-my-subscription.

Be sure to select "Cancel" rather than "Pause" in order to fully cancel your membership. Retroactive refunds will not be offered for lapsed subscription pauses. If you have any questions, you can contact the support team at our platform provider Vimeo OTT accessible by the "Help" button at the bottom of any Acufunkture Portal page. 

Compliance with Laws.

You acknowledge and agree that you will only use the Site in a manner consistent with these Terms of Service, as well as any and all applicable local, state, national, and international laws and regulations. Use of this Site is void where prohibited. To the extent that the Site is not legal in your jurisdiction, you may not use the Site, and the Site may not be used anywhere where prohibited by law.

Entire Agreement.

These Terms of Use, along with our Privacy Policy contain the entire agreement between you and the Company regarding the use of the Site.

Severability.

If any provision of these Terms is held to be invalid, illegal or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary such that these Terms shall otherwise remain in full force and effect and enforceable.

Survival.

Even after your use of the Site discontinues, these Terms shall remain in effect. All terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.

Please see our SMS Terms of Service for messaging-specific TOS.

Please contact us at hello@acufunkture.com with any questions regarding this Terms of Use.