Terms and Conditions
Updated 5 January, 2020
Terms and Conditions
Updated 5 January, 2020
Agreement between User and https://www.underwoodfunctionalwellness.com/
Welcome to https://www.underwoodfunctionalwellness.com/. The https://www.underwoodfunctionalwellness.com/ website (the "Site") is comprised of various web pages operated by Underwood Functional Wellness, LLC.
https://www.underwoodfunctionalwellness.com/ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://www.underwoodfunctionalwellness.com/ constitutes your agreement to all such Terms.
Please read these terms carefully, and keep a copy of them for your reference.
https://www.underwoodfunctionalwellness.com/ is an E-Commerce Site.
The purpose of this website is to provide education and services involving customized whole body
solutions for brain health and mental wellness.
Privacy
Your use of https://www.underwoodfunctionalwellness.com/ is subject to Underwood Functional Wellness, LLC's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting https://www.underwoodfunctionalwellness.com/ or sending emails to Underwood Functional Wellness, LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other
communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Underwood Functional Wellness, LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.underwoodfunctionalwellness.com/ only with permission of a parent or guardian.
Primary care
Because of teaching, traveling and research, Tamara Underwood, BS, MS, CFMP is not available on a 24-hour basis at all times. Therefore, you must have a primary care doctor for disease management. If you have a serious health problem that requires immediate attention, you should notify your primary care, call 911, or have someone take you to the nearest hospital emergency room.
If you notice an adverse effect from one of the components of your Wellness plan, you should discontinue it immediately and email Tamara Underwood at tamara@UnderwoodFunctionalWellness.com or call or text 540-551-4039.
Initial Consultation and Office Visits
Telehealth consultations are billed at the following rates.
Discounts available for active/retired military and first responders with appropriate ID.
Inquire about package pricing.
Appointment Reservation Policies
Fees are paid when appointment is scheduled.
Initial consultation appointments should be made approximately 14 days in advance, to allow plenty of time to complete the in-depth medical and lifestyle questionnaires, including a 3-day diet diary.
The initial medical questionnaires must be completed at least 7 days before the appointment. If the initial medical questionnaires are not completed by 7 days before an appointment, the appointment may be canceled and rescheduled.
All payments for the consultations and laboratory test kits are due at the time of service.
Cancellation
Patients who fail to arrive for their scheduled appointments (without notifying the office in advance) may prevent another individual who needs to be seen from getting a preferred appointment time.
For the purposes of this policy, a missed appointment is defined as a previously scheduled appointment which is missed by the patient without any advance notification. Appointments that are cancelled or rescheduled with less than 24hr notice may also be subject to the discussed fee.
Underwood Functional Wellness reserves the right, at the discretion of office management, to charge a $50 fee for missed or late cancellation appointments. We understand there may be circumstances outside of your control, but please be sure to call and notify the office as soon you are able to do so.
Refund Policy
Services already rendered are non-refundable. Consultation packages with unused services may be canceled. The discount associated with package rates will revert back to individual appointment rates. Unused services will be refunded at the prorated rate.
Refer to laboratory and supplement dispensaries for their refund policies.
Anonymous Patient Information For Educational Purposes
Tamara Underwood will always ask your permission first to use or to describe your anonymous medical history and laboratory data for educational purposes in lectures, blogs, or case reports. This medical history and laboratory data might include photographs and/or images (nutrition/physical exam findings only).
Tamara Underwood, BS, MS, CFMP will never publish any information that uses your name or that identifies you as the source of any of the information, data, or images that is publishes.
Your case and progress could be helpful or educational for others but you may refuse the use of your medical information in this way.
Links to Third Party Sites/Third Party Services
https://www.underwoodfunctionalwellness.com/ may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Underwood Functional Wellness, LLC and Underwood Functional Wellness, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Underwood Functional Wellness, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Underwood Functional Wellness, LLC of the site or any association with its operators.
Certain services made available via https://www.underwoodfunctionalwellness.com/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.underwoodfunctionalwellness.com/ domain, you hereby acknowledge and consent that Underwood Functional Wellness, LLC may share such information and data with any
third party with whom Underwood Functional Wellness, LLC has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.underwoodfunctionalwellness.com/ users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.underwoodfunctionalwellness.com/ strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Underwood Functional Wellness, LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through
the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Underwood Functional Wellness, LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Underwood Functional Wellness, LLC content is not for resale. Your use of the Site does not
entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Underwood Functional Wellness, LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Underwood Functional Wellness, LLC or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Underwood Functional Wellness, LLC account to third party accounts. By connecting your Underwood Functional Wellness, LLC account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Underwood Functional Wellness, LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Underwood Functional Wellness, LLC Content accessed through https://www.underwoodfunctionalwellness.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Underwood Functional Wellness, LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability
to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Underwood Functional Wellness, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Underwood Functional Wellness, LLC in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. UNDERWOOD FUNCTIONAL WELLNESS, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
UNDERWOOD FUNCTIONAL WELLNESS, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. UNDERWOOD FUNCTIONAL WELLNESS, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UNDERWOOD FUNCTIONAL WELLNESS, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF UNDERWOOD FUNCTIONAL WELLNESS, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Underwood Functional Wellness, LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the
Commonwealth of Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Underwood Functional Wellness, LLC as a result of this agreement or use of the Site. Underwood Functional Wellness, LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Underwood Functional Wellness, LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Underwood Functional Wellness, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Underwood Functional Wellness, LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Underwood Functional Wellness, LLC with respect to the Site. 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. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Underwood Functional Wellness, LLC reserves the right, in its sole discretion, to change the Terms under which https://www.underwoodfunctionalwellness.com/ is offered. The most current version of the Terms will supersede all previous versions. Underwood Functional Wellness, LLC encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Underwood Functional Wellness, LLC welcomes your questions or comments regarding the Terms:
Underwood Functional Wellness, LLC
21 North Broad St Suite #E10048
Luray, Virginia 22835
Email Address:
info@UnderwoodFunctionalWellness.com
Telephone number:
540-551-4039
Disclaimer: The material on this website is for educational and informational purposes only and is not intended as medical advice nor is it intended to replace the relationship with your primary health care or mental health care professional. Underwood Functional Wellness, LLC makes every effort to provide information that is accurate and timely, but makes no guarantee in this regard. The entire contents of this website are based on the opinions of us and Underwood Functional Wellness, LLC unless otherwise noted. By using this website, you agree to the Terms of Use and The Privacy Policy. The statements on this site have not been evaluated by the Food and Drug Administration.
The Privacy Policy can be found HERE. The Terms of Use of the website can be found HERE.
Underwood Functional Wellness, LLC
Mailing Address:
21 North Broad St, Suite E10048
Luray, VA 22835
©2020 Copyrights by Underwood Functional Wellness, LLC. All Rights Reserved.