Terms of Service Agreement

Introduction

It is common practice for naturopaths, nutritionists, and other non-licensed practitioners to collect your signature on a form such as this. By doing so, you acknowledge and accept that we:
• are not medically qualified and do not provide any medical diagnosis or advice regarding any specific health condition
• are not a substitute for advice from a qualified doctor and can provide education only on general principles of health building
• recommend that you consult your doctor before making any changes to your diet or exercise regime or taking any dietary supplement
• do not warrant the accuracy of any information provided as we are not the originators of the information
• are not liable for any losses you may suffer by relying on any advice we provide
• do not recommend any particular product or service
• do not guarantee any positive results as we have no control over those results
• are not a covered entity or a business associate of a covered entity under HIPAA
• are unable to provide any diagnosis or CPT codes for insurance billing purposes

By adding your signature below and/or by instructing me to provide advice and services to you, you indicate your agreement to these terms.

What We Do and Do Not Do

We obtain a set of laboratory test results on your behalf from a [Certified Laboratory in the United States] and provide you with a holistic or nutritional interpretation of those test results that you can use exclusively as an educational tool for personal health purposes.

Functional Diagnostic Nutrition® practitioners do not diagnose, treat, prevent, or cure any disease or condition.
Nothing we share with our clients is intended to substitute for the advice, treatment or diagnosis of a qualified licensed physician.

Your doctor may use the same test reports to diagnose and treat diseases or specific conditions, but we do not do this. The information we provide is not intended to, cannot, and should not be a substitute for a personal consultation with your qualified doctor. We do not accept any liability for any failure to identify any medical condition or disease, as this is not the purpose of our services.

We may provide you with information about products that we believe might benefit you, but such information is not to be taken as an endorsement or recommendation. Some products may require a prescription, but we do not dispense or prescribe any prescription products. The information provided is intended for educational purposes only and should not be taken as professional medical advice or used as a substitute for medical care. We are not responsible for any adverse effects or consequences that may result, either directly or indirectly, from that information.

We will make a reasonable effort to protect the privacy of your medical information that is shared with us, including any lab test results. However, that information is not covered by doctor-patient confidentiality, nor is it governed by HIPAA. Please note that our Client Management Software (Practice Better) is HIPAA-compliant.

Consult Your Doctor

We are not qualified medical advisors and make no claims to be so. The information we provide should not be taken to be and is not a substitute for personal medical advice and instruction. You should not take any action based solely on our advice or guidance.

You should consult your doctor:
• for any medical interpretation of your lab test results
• on any matter relating to your health and well-being
• before making any changes to your exercise routine or diet
• before taking any nutritional, herbal, homeopathic, or hormonal supplementation
• before beginning any therapy or modality

Exclusion of Warranties

We will provide our services to you with reasonable care and skill. But we make no other warranty, express or implied, with respect to those services. All other warranties are excluded to the maximum extent permitted by law.

We make no warranty as to the accuracy of the laboratory test results we receive.

We make no warranty, expressed or implied, about the quality or effectiveness of any interpretation, apparatus, advice, treatment, or product. In no event will we be liable for any physical or mental injury or any adverse side effects that may arise from the use of any such interpretation, apparatus, advice, treatment, or product.

We believe that the information we provide, including that on our websites, videos, postings, brochures, emails, flyers, and information packets, is accurate, but we cannot guarantee such accuracy. We, therefore, make no warranty as to the accuracy of that information, and it should not be relied upon as being correct, complete, or accurate. It is your responsibility to verify such matters independently from primary sources of information and by taking specific professional advice.

Exclusion of Liability

If you rely on, buy, or use a product or therapy or modality, you do so at your own risk. We do not guarantee any results as we have no control over those results. Each person is different, and the way someone reacts to a product or therapy may be significantly different from another. We cannot predict how you may respond to any particular product or therapy.

To the maximum extent permitted by law, we exclude:
• any and all liability in contract, tort (including negligence), breach of statutory duty or otherwise for any direct, indirect, special, incidental, or consequential costs, losses, claims, damages, expenses or proceedings (including but not limited to loss of profits and wasted management time) incurred or suffered by you arising directly or indirectly out of or in connection with our services, including but not limited to any loss, damage or expense arising from any defect, error, imperfection, fault, mistake or inaccuracy with the information, education or advice we provide;
• any and all liability for injury or loss arising out of the use of, or reliance on, the laboratory results and/or the dietary, supplement, and lifestyle suggestions we may provide
• any and all liability for injury or loss arising from any product or treatment you may choose to take
• any and all liability for any failure to identify any medical condition or disease. You understand and agree that this is not the purpose of our services.

This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages or injury, loss of data, income or profit, loss of or damage to property, and claims of third parties.

No recommendation
All material and information we may provide about products and therapies are provided solely for educational purposes and for use when discussing your health with your doctor. By providing you with such material and information, we do not necessarily endorse, recommend or promote any such product or therapy.

Payment Plans
For select services and testing packages, payment plans may be available to provide greater flexibility. If you choose to enroll in a payment plan, you agree to make timely payments according to the agreed-upon schedule. Failure to complete payments may result in the suspension of services, cancellation of access to test results or consultations, and/or additional late fees. By entering into a payment plan, you authorize recurring payments to be charged to your designated payment method until the full balance is paid. It is your responsibility to ensure that payment information remains up to date. No refunds will be issued for completed payments under a payment plan.

Lab Expiration Policy
All lab test packages are non-transferable and must be used within 6 months of the purchase date. Unused tests beyond this period will expire and are not eligible for refund or credit.
If collection instructions are not followed correctly and a re-test is required, the client will be responsible for the cost of the replacement test.

Refund Policy
Due to the nature of functional lab testing, all lab orders are non-refundable once purchased. Once an order has been placed, it cannot be canceled, refunded, or transferred.

By signing below, proceeding with checkout, or submitting your testing samples, you acknowledge you have read and understood the above, and agree with it.