FOUNDATIONAL IBD TM
ONLINE COURSE
PARTICIPANT TERMS OF SERVICE

Please read these Participant Terms of Service for the Foundational IBD TM Online Course (the
“Participant Terms” or the “Terms”) carefully. You must agree to these Terms before
purchasing and enrolling in the Foundational IBD TM Online Course (the “Course”), which is
owned and operated by Foundational Medicine, LLC (“Foundational Medicine”, “we”, “our” or
“us”), wherever the Course is hosted, whether on a website operated by Foundational
Medicine, or on a third-party website or hosting platform such as Kajabi or another similar
online platform. The term “you” refers to any purchaser, user and/or participant of the Course.
By purchasing or using the Course, you accept and agree to these Terms, and you are required
to act in accordance with them, whether you have read them or not. If you do not want to
agree to these Terms, you must not purchase or use the Course or any portion thereof.
These Terms state how you may use the Course, including any and all materials made available
to you in the Course. This includes, without limitation, the words, design, layout, look,
appearance, graphics, photos, images, information, materials, documents, data, videos and
video files and recordings, voice/audio files and recordings including downloadable Mp3 audio
files, webinars and recorded webinars, emails, downloadable PDFs, worksheets, workbooks,
forms, guides, questionnaires, e-books, handouts and slides, and all other similar materials and
all other information and intellectual property accessible on or through the Course and any
website or e-mails we may use to distribute or host the Course or any part thereof, as well as
the look and feel of all of the foregoing (collectively, the “Course Content”).
These Terms require the use of arbitration on an individual basis to resolve disputes, rather
than jury trials, and limit the remedies available to you in the event of a dispute. You fully
understand and agree that by enrolling in, purchasing and/or using the Course and Course
Content that you are waiving certain legal rights and you are voluntarily agreeing to do so.
Please review the terms of our Privacy Policy (the “Privacy Policy”) for how your information is
stored and used.

1. Information and Education Only; Not Medical Advice
This Course is for informational and educational purposes only and is NOT intended as and
must not be understood as or relied upon in any way as, medical care or advice, the practice
of medicine or naturopathic medicine, the practice of dietetics, the practice of mental health
counseling including, without limitation, psychiatry, psychology, and psychotherapy, or as
providing any form of medical diagnosis or treatment. Furthermore, the Course is not
intended to and does not diagnose, treat, cure, or prevent any disease or physical or mental
medical condition, including, without limitation, inflammatory bowel disease (IBD). You
should not rely on information or resources provided by Foundational Medicine in this Course to self-diagnose or self-treat any diseases or other physical or mental health conditions you
may have.
While this Course is created and presented by naturopathic doctors, no medical advice is
provided through the Course. Information presented in the Course is intended for a general
audience and does not purport to be, nor should it be construed as, medical advice for any
individual. Your enrollment in the Course, including your access to information provided in
the Course or implementation of any information shared in the Course, DOES NOT create a
doctor-patient relationship between you and any doctor or professional that may be
associated with the Course or Foundational Medicine. 
You should not rely on the Course or Course Content as a substitute for the professional
medical advice, diagnosis, or treatment from a qualified and licensed healthcare provider who
is familiar with your individual situation. Do not disregard, avoid, or delay obtaining medical
advice from a licensed medical or healthcare professional because of something you have read,
viewed, or heard on or in the Course or Course Content. Do not change or stop taking any
medications without consulting your licensed medical professional. Always seek the advice of
your licensed healthcare provider with any questions you have regarding a medical condition
and prior to changing any medications, taking any herbal or dietary supplements, using any
treatment for a health problem, or undertaking any significant changes to any prescribed
healthcare regimen.
Because we expressly recommend that you seek advice from a licensed medical or healthcare
professional who has knowledge of the facts and circumstances of your individual situation, the
use of any information provided in the Course is solely at your own risk. Neither Foundational
Medicine nor its owners, officers, members, managers, employees, contractors or agents shall
be held liable or responsible for any errors or omissions in the Course or for any damage you
may suffer because of failing to seek competent medical advice from a licensed medical or
healthcare professional who has knowledge of the facts and circumstances of your individual
situation.
Information and statements in the Course regarding dietary and herbal supplements and
products have not been evaluated by the U.S. Food and Drug Administration. Any dietary and
herbal supplements or products which may be mentioned in the Course are not intended to
diagnose, treat, cure, or prevent any disease. You should always consult with an appropriately
qualified healthcare professional familiar with your individual situation for information
regarding which supplements may be appropriate for you. Foundational Medicine does not
represent or warrant that any supplement is safe, appropriate, or effective for you.
For the avoidance of doubt, this means that while the Course may provide information and
education about topics such as lab testing, nutrition, dietary and herbal supplements, and
lifestyle habits typically used in the diagnosis and treatment of IBD, Foundational Medicine is
NOT recommending any particular lab test, supplements or other treatment is right for you.
You always need to speak to your doctor or other licensed healthcare professional about
what is right for you.

2. Participants
The Course is intended solely for individuals who are eighteen (18) years of age or older. Any
purchase by, use of, or access to the Course by anyone under age 18 is unauthorized,
unlicensed and in violation of these Terms. By accessing or using the Course, you represent and
warrant that you are at least 18 years old. Foundational Medicine hereby disclaims all liability
for use by individuals under the age of 18.

3. The Course
The Course is self-paced for you to go through at your own time. As a participant, you receive:
- Access to the Foundational IBD Course Membership Site that includes your course
materials including pre-recorded video presentations and downloadable PDF handouts.
You will have access to the Membership Site with your downloadable materials for as
long as the Course is offered. We cover topics including:
○ Understanding IBD
○ All about labs & imaging
○ Diet & lifestyle
○ Drug therapies
○ Supplements, herbs, probiotics/prebiotics
○ Helminths & FMT
- Access to the Foundational IBD Course Members-Only Community Forum which
includes Monthly Live educational calls (these are recorded for those who cannot attend
the live sessions)*
- *The Members-Only Community Forum (which includes access to the monthly
live educational calls) is free for the first 12 months but thereafter is offered for
an additional monthly fee.
- After the initial 12 months of your Course, you will lose access to Community
Forum and monthly live educational calls unless you sign up for a monthly
Membership Subscription, which provides you with continued access (see
Membership Subscription details below).

4. Course Fees, Payments, and No Refund Policy
a. Course Fees and Payment Policies
Payment Options and Terms for the Course:
You agree that Foundational Medicine is authorized to share any payment information and
instructions required to complete the payment transactions with any third-party payment
service providers (e.g., credit card transaction processing, merchant settlement, and related
services) such as Kajabi’s merchant processor, Stripe, Square and others. Foundational Medicine cannot and does not control and has no responsibility or liability for the policies or
actions of the payment processing companies.
Declined or Failed Payment: If there is a declined or failed payment, you will receive an e-mail
sent immediately upon decline with a one-day deadline to make payment. If there is still no
payment after one day, you will receive a second e-mail alerting you that your access to the
Course has been discontinued until the account is brought up to date. At this point, you will not
be granted access to any Course Content until payment is received, and we reserve the right to
terminate your access to the Course and all Course Content immediately and permanently.
If you fail to make payment in a timely manner in accordance with these Terms or voluntarily
decide to withdraw from the Course at any time, you will still remain fully responsible for the
full cost of the Course. We reserve our right to seek payment from you for any delinquent
payment that is not provided by or upon the date due by enlisting the help of a collections’
agency, and we may exercise our right to report your delinquent payment to all three credit
reporting agencies, either directly or through the help of a collections’ agency.
You agree to only purchase the Course for yourself or for another person for whom you are
legally permitted to do so or for whom you have obtained the express consent to provide their
name, address, method of payment, credit card number, and billing information. And you agree
to be financially responsible for any purchases made by you or someone acting on your behalf.

b. No Refund Policy

Your satisfaction with the Course is important to us. Yet, because of the extensive time,
expertise, preparation, and care that goes into creating and providing the Course, we have a no
refund policy. Once you purchase access to the Course there are no refunds and we cannot
make any personal exceptions.
Since there is a clear and explicit No Refund Policy in these Terms that you agree to prior to
completing your purchase of the Course, Foundational Medicine does not tolerate or accept
any type of chargeback threat or actual chargeback from your credit card company or the
payment processor. If a chargeback is placed on a purchase or Foundational Medicine receives
a chargeback threat during or after your purchase, Foundational Medicine reserves the right to
report the incident to all three credit reporting agencies or to any other entity for inclusion in
any chargeback database or for listing as a delinquent account which could have a negative
impact on your credit report score. The information reported will include your name, e-mail
address, order date, order amount, and billing address. If you then wish to have this report
removed from your credit report, you must make the payment owed for the amount of the
chargeback. Once payment owed is received, the appropriate reports to the credit agencies will
be made.

5. Monthly Community Forum Subscription Option for Ongoing Access to
the Community Forum with Live Educational Calls. After your initial access to the Community Forum with Live Educational Calls and recordings ends, you have the option to sign up for a Monthly Community Forum Subscription for ongoing
access to the Community Forum and Live Educational Calls (and recordings).
Each monthly subscription payment gives you additional access for 4 weeks (one month). If you
choose to subscribe to the Monthly Community Forum Subscription, you authorize
Foundational Medicine to charge your credit card for your monthly subscription fee
automatically upon enrollment and then every 30 days thereafter until you provide at least
seven (7) days’ advance notice of cancellation prior to your next billing date. There are NO
refunds of monthly subscription fees once charged to your credit card.
Subscriptions may only be terminated effective at the end of each 30-day billing period, and
you must give us at least seven (7) days’ advance notice prior to your next payment date for
cancellation of your monthly subscription. No cancellations will be effective during the 30-day
period and no refunds or pro-rated refunds of monthly subscription payments will be provided
(in other words, you cannot terminate mid-month and there are no refunds once your card is
charged). Upon cancellation, you will lose all access to the Community Forum including live calls
and recordings.

6. Intellectual Property Rights
a. Ownership of Course Content and Foundational Medicine’s Limited
License to You

The Course, including without limitation, the words, design, layout, look, appearance, graphics,
photos, images, information, materials, documents, data, videos and video files and recordings,
voice/audio files and recordings including downloadable Mp3 audio files, webinars and
recorded webinars, emails, downloadable PDFs, worksheets, workbooks, forms, guides,
questionnaires, e-books, handouts and slides, and all other similar materials and all other
information and intellectual property accessible on or through the Course and any website or e-
mails we may use to distribute or host the Course or any part thereof, as well as the look and
feel of all of the foregoing (collectively, the “Course Content”; previously defined and stated
here again for further clarity and avoidance of doubt) are the property of and solely owned by
Foundational Medicine or our affiliates, licensors, successors-in-interest, assignees, or suppliers
unless otherwise noted, and are protected by copyright, trademark 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 on or in the Course Content as well as these Terms.
When you purchase the Course or view or access any Course Content, Foundational Medicine
is granting you a limited, revocable, non-transferable, non-exclusive license to access and use
the Course and Course Content for your own personal, non-commercial use ONLY. This
license is limited to you only for your personal use, and NOT for your business or commercial
use or in any way that earns you money.

You are NOT permitted to share any Course Content with your friends, family, colleagues, or
any other person. If they would like access to the Course, they must purchase their own
license to the Course separately.
This means that when you purchase the Course, you may watch, listen to, download and/or
print Course Content for your own personal use, BUT you are NOT permitted to copy,
duplicate, reprint, republish, reproduce, share, sell/re-sell, display, disclose, or redistribute
any part of the Course or Course Content with or to friends, family members, colleagues, or
any other third party, or use any Course Content for commercial purposes or in any way that
earns you money. For avoidance of doubt, this means you may NOT adapt or represent any
part of the Course in any way as if it is yours or created by you and you may not reprint or
republish any part of the Course and Course Content for publication or compilation into your
own products, Courses or services for business or commercial use or in any way that earns
you or a third-party money.
Furthermore, you may not hypertext, frame or inline link to any part of the Course or Course
Content, nor may you state or imply any sponsorship, endorsement by, or ownership of the
Course or Course Content without the express written permission of Foundational Medicine.
You understand that purchasing, downloading, printing, or otherwise using the Course and
Course Content in no way gives you any copyright, trademark, intellectual property or
ownership rights in the Course or Course Content. It is still the property of Foundational
Medicine.
Any trademarks and logos displayed on the Courses and Course Content are trademarks
belonging to Foundational Medicine unless otherwise indicated. Any use including framing,
metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly
prohibited without Foundational Medicine’s express written permission.
All rights not expressly granted in these Terms or any express written license, are reserved by
Foundational Medicine.

b. Unauthorized Use and Infringement of Course Content

You understand and agree that your use of the Course Content other than as expressly
authorized in these Terms or by a separate written consent or assignment of Foundational
Medicine, is not permitted and is considered unauthorized use, infringement and theft
(“Unauthorized Use and Infringement”) and may give rise to a civil claim for damages and/or
be a criminal offense and Foundational Medicine reserves the right to prosecute for theft and
to enforce Foundational Medicine’ rights to the full extent of the law. 
In the event of your Unauthorized Use and Infringement, you agree to pay liquidated damages
of the greater of five (5) times the total fees paid for the Course, or $15,000.00 in addition to
any legal or equitable remedies Foundational Medicine may be entitled to pursue. This is not a
penalty but an agreed upon liquidated damages charge for Unauthorized Use and Infringement.

You agree that any violation or threatened violation of by you of the Intellectual Property Rights
terms in these Terms would cause irreparable injury to Foundational Medicine that may not be
adequately compensated by damages, entitling Foundational Medicine to obtain injunctive
relief, without bond, in addition to all legal remedies.

7. Materials Provided By You – Your License to Foundational Medicine; Use
in Testimonials and Marketing.
When you voluntarily share any testimonials whether by video or in writing or complete any
feedback forms provided by Foundational Medicine to share your testimonial of participating in
the Course (each “your Testimonial” or collectively “your Testimonials”), you are granting
Foundational Medicine permission and an unlimited, royalty-free, perpetual, irrevocable, non-
exclusive, unrestricted, worldwide license to use, copy, distribute, and/or publicly perform or
display your Testimonial, in whole or in part, in any manner or medium, now known or
developed in the future, for any purpose, including, without limitation, for Foundational
Medicine marketing, advertising or promotional efforts without any further permission from
you or compensation by Foundational Medicine to you. You understand that this may be on
social media platforms and the internet.
Please Note: All Live educational sessions will be recorded so that participants who cannot
attend live can watch the recording at a later time. PLEASE DO NOT SHOW YOUR FACE OR
IMAGE OR NAME IF YOU DO NOT WANT TO BE SEEN OR DO NOT WANT YOUR
FACE/IMAGE/NAME RECORDED OR SHARED. DO NOT SHARE ANY INFORMATION YOU DO
NOT WANT RECORDED OR RE-DISTRIBUTED TO OTHERS.

8. Your Conduct in the Course and Community Forum
This Course includes a Community Forum for participants to support one another and share
their experiences as they go through the Course. Please note that Foundational Medicine and
the doctors associated with the Course DO NOT monitor the Community Forum, or any posts,
comments, or material submitted by participants. The views and comments of any
participants on the Community Forum do not necessarily reflect those of Foundational
Medicine or its owners or other doctors associated with the Course and may not be
appropriate or correct.
Please do not recommend treatments or give medical advice to other participants. Please do
not follow therapeutic and alleged medical advice from other participants. Always consult
your licensed healthcare provider.
Foundational Medicine and its owners, officers, members, managers, employees, contractors
and agents, are not responsible for and specifically disclaim all liability arising from or relating
to your use of any information posted on the Community Forum by other participants.
Foundational Medicine also reserves the right to delete any comments in the Community
Forum that are inappropriate or disrespectful in our sole discretion.

Participant Conduct: We strive to create a safe space for all participants in our Course. All
comments must be respectful. You may not communicate or submit any content or material
that is harassing in nature, rude, racist, abusive, vulgar, threatening, knowingly false,
defamatory, or obscene or otherwise in violation of any law or the rights of others. Bullying or
other comments that makes other users of the Course feel poorly will not be tolerated. You are
not permitted to use the Community Forum to solicit business from or collect data from other
group members (including their names and contact information). You may not copy,
screenshot, or share posts from participants on the Community Forum with anyone or on any
other site at any time.
Foundational Medicine reserves the right to disclose any information as necessary to satisfy any
applicable law, regulation, legal process, or governmental request.

9. Confidentiality and Privacy
Please review the Privacy Policy for how your information is handled as well as your rights
around such information.
The Course comes with access to the Community Forum for participants of the Course. Please
carefully choose the information you voluntarily share for viewing by others in the Course,
including the Community Forum, as anything you share also can be seen, collected, and used
others, and become public. Any personal information you voluntarily share as part of your
participation in the Course, whether in the Community Forum or in any live calls, or any other
method of communications related to the Course and Course Content, is done at your own
risk. Foundational Medicine cannot guarantee your privacy for what you voluntarily share,
and Foundational Medicine is not responsible for any unauthorized use by others of such
information that you voluntarily share.
We ask that all participants maintain the privacy and confidentiality of all information shared
by other participants. Sharing information of other participants will be grounds for
termination from the Course without refund.
When you apply for, enroll in, purchase or the Course, Foundational Medicine may seek and
collect personal data and information including but not limited to your name, e-mail address,
phone number, billing information, credit card or payment information, demographic
information, preferences, interests, or other personally identifying information (“Confidential
Information”). By providing such Confidential Information to Foundational Medicine, you grant
Foundational Medicine permission to use and store such information. In turn, Foundational
Medicine will use best efforts to keep your Confidential Information safe, secure and
confidential in accordance with these Terms.
All Confidential Information will be held in confidentiality and will not be disclosed to third
parties, except that Foundational Medicine may disclose Confidential Information and
personally identifiable information: (1) pursuant to these Terms, (2) if required to do so by law,
(3) in the good-faith belief that such action is necessary to conform to the law, (4) to comply
with any legal process served on Foundational Medicine, (5) to protect and defend its rights or property or those of other users or purchasers of the Course, (6) to enforce these Terms,
and/or (7) to act as immediately necessary in order to protect the personal safety of other
users, purchasers, or the public.

10. Accessing the Course; Username and Password
During the registration process for the Course, you agree to provide true, accurate, current and
complete information about yourself. To access the Course and/or certain features of the
Course, you will need a username and password. You agree to keep your username and
password to access the Course confidential. You are not permitted to share your username
and/or password or access to your Course account with anyone at any time.
If Foundational Medicine has reasonable grounds to suspect that you have provided false
information including a false e-mail address, shared your username and/or password with
anyone else, provided anyone else access to your account or forwarded any non-public material
from the Course to any other person, Foundational Medicine reserves the right to immediately
suspend or terminate your account and your access to the Course including without limitation,
Community Forum, or any other related communications, and to refuse any and all current or
future use of the Course or any Course Content, in whole or in part, without refund.

11. Personal Responsibility and Assumption of Risk
By accessing the Course or any Course Content in any way you accept and agree that you are
solely responsible for your actions, decisions and results and take full responsibility for any
harm or damage you suffer as a result of your use, misuse or non-use, of the information
available on or in the Course and/or Course Content. You agree to use your own judgment and
conduct your own due diligence before taking any actions or implementing anything suggested
or recommended on or in the Course or Course Content and you agree that you do so at your
own risk.
Neither Foundational Medicine nor its owners, officers, members, managers, employees,
contractors or agents is responsible for any damage you may suffer as a result of failing to seek
competent advice from a licensed healthcare professional who is familiar with your situation.

12. No Guarantees of Results
​You acknowledge and agree that no results of use or participation in the Course are
guaranteed, and that Foundational Medicine has not made any guarantees or warranties of
any kind about the results of your participation in or use of any information in the Course.
Your participation in the Course does not guarantee any success with physical or mental
health, or otherwise. The Course and Course Content are for educational and informational
purposes and are intended to solely to provide users of Course with education and tools
about their health.
Any testimonials provided by individuals who have taken the Course are truthful statements
made by real people, but they do not guarantee or promise in any way that you might achieve the same outcome. You also recognize that prior results do not guarantee a similar outcome. 
Thus, the results obtained by others, whether clients of Foundational Medicine, participants of
the Course or otherwise, are no guarantee that you or any other person will obtain similar
results.

13. Errors and Omissions Disclaimer
Foundational Medicine has done its best to ensure that the Course and Course Content are
accurate and provide valuable information, but because the nature of health information is
constantly evolving, Foundational Medicine cannot guarantee the complete and ongoing
accuracy of such information. You acknowledge that the Course and Course Content may
contain inaccuracies or errors and neither Foundational Medicine nor its owners, officers,
members, managers, employees, contractors, agents, affiliates, successors-in-interest,
transferees or assigns shall be held liable or responsible for any errors, omissions or
inaccuracies on or in the Course or Course Content or for any damage you may suffer as a result
of failing to seek medical advice from a licensed healthcare professional who is familiar with
your situation. We make no warranty or guarantee as to the accuracy, timeliness, performance,
completeness or suitability of the information in the Course and Course Content for any person.

14. Technology Disclaimer.
While the hope is that the availability and delivery of the Course, Course Content and
Communication Services is uninterrupted, Foundational Medicine cannot guarantee that your
access will not be suspended or restricted from time to time, including to allow for repairs,
maintenance, or updates. To the fullest extent permitted by law, Foundational Medicine is not
liable to you for damages or refunds, or any other recourse, should any of the Course,
membership site, or private Community Forum become unavailable or access to them becomes
slow or incomplete due to any reasons, such as Kajabi system back-up procedures or upgrades,
internet traffic volume, general network failures or delays, or any other cause which may from
time to time make the Course inaccessible to you.

15. No Warranties
FOUNDATIONAL MEDICINE MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR
OPERATION OF THE COURSE AND COURSE CONTENT. FURTHERMORE, FOUNDATIONAL
MEDICINE MAKES NO WARRANTIES THAT THE COURSE, COURSE CONTENT, OR ANY OF THEIR
FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE.
FOUNDATIONAL MEDICINE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY,
TIMELINESS, SUITABILITY AND APPROPRIATENESS OF THE COURSE AND COURSE CONTENT FOR
ANY PERSON OR FOR ANY PURPOSE. THE COURSE IS PROVIDED “AS IS” AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
UNDER APPLICABLE LAW, FOUNDATIONAL MEDICINE DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE COURSE AND ALL COURSE CONTENT. FOUNDATIONAL MEDICINE FURTHER MAKES NO
REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE
COURSE.

16. Limitation of Liability and Release of Claims
YOU AGREE TO ABSOLVE FOUNDATIONAL MEDICINE AND ITS OWNERS, OFFICERS, MEMBERS,
MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS-IN-INTEREST, TRANSFEREES
AND ASSIGNEES (COLLECTIVELY THE “RELEASEES”) OF ANY AND ALL LIABILITY OR LOSS THAT
YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT
OF USE OF THE INFORMATION CONTAINED ON THE COURSE AND COURSE CONTENT.  TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE
RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EQUITABLE, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OF, OR THE DELAY OR INABILITY TO USE, THE COURSE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
FOUNDATIONAL MEDICINE OR ANY RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH 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. IN SUCH STATES, THE LIABILITY OF FOUNDATIONAL
MEDICINE AND THE RELEASEES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE
LAW.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE RELEASEES ARE NOT LIABLE FOR ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR PARTICIPANT OF THE
COURSE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE COURSE AND COURSE
CONTENT, OR WITH ANY OF THE TERMS, OR THE PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE COURSE AND COURSE CONTENT.
BY PURCHASING OR USING OR THE COURSE AND COURSE CONTENT, YOU AGREE TO THIS
LIMITATION OF LIABILITY AND RELEASE THE RELEASEES FROM ANY AND ALL CLAIMS.

17. Affiliate Disclosure: Links and References to Third-Party Websites,
Services and Products
The Course and Course Content may provide links and/or references to other websites, services
and products maintained by third parties that may take you outside of the Course, such as
online supplement dispensary retailers, lab distribution companies or other sites (collectively,
“Third-Party Sites”). The Third-Party Sites are not under the control of Foundational Medicine,
and Foundational Medicine is not responsible or liable for any content of any Third-Party Site.
These links are provided for your convenience to provide further information and to allow you
find other products and services that you may find of interest. Any link to a Third-Party Site
does not imply our endorsement, sponsorship, or approval of that Third-Party Site or its owner.
We do not endorse, and we are not responsible for the views, opinions, facts, advice, or
statements of the Third-Party Sites or their accuracy or reliability. We assume no responsibility for errors or omissions caused by Third-Party Sites or for any loss, damage or otherwise that
may arise from your use of them.
We believe in honesty. If you purchase products from the links in the Course, we may receive a
commission for making the recommendation, while the cost of the product remains the same
or less for you. We only link to products and services that we believe will provide value. You
may make your purchases from any vendor that you choose.
While we are committed to only affiliating with products and services that we believe will
provide value, we make no warranties, guarantees, or representations as to the effectiveness
or safety of such products or services.

18. Termination
We reserve the right in our sole discretion to refuse or terminate your access to the Course,
including the membership site and Community Forum, in full or in part, and without refund, for
violation of these Terms. All of these Terms, including but not limited to, all intellectual
property rights, disclaimers, limitations of liability, release of claims, and the Refund Policy will
still apply now and in the future, even after termination of your access to the Course.

19. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of
Maryland where the Foundational Medicine is registered, regardless of the conflict of laws
principles.
It is hoped that you will have no dispute with the Foundational Medicine. However, should a
dispute arise between you and the Foundational Medicine, we would like to be able to work it
out amicably through e-mail correspondence. Therefore, it is requested that you contact
Foundational Medicine via e-mail in attempt to resolve any dispute prior to seeking legal action
and include your reasons for dissatisfaction.
However, should we be unable to resolve any potential dispute within a reasonable time, you
agree now that the only method of legal dispute resolution that will be used is binding
arbitration before a single arbitrator, selected jointly, in accordance with the American
Arbitration Association Rules. You understand and agree now that the only remedy that can be
awarded to you through arbitration is full refund of your payment made to purchase the Course
as of the date of such dispute. No other actions or financial awards of consequential damages,
or any other type of damages, may be granted to you. We both agree now that the decision of
the arbitrator is final and binding, and may be entered as a judgment into any court having the
appropriate jurisdiction.  
You also agree that should arbitration take place, it will be held in Baltimore County in the State
of Maryland, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all
costs necessary to enforce the decision of the arbitrator.

By purchasing the Course, you are agreeing to a modification of the statute of limitations
such that any arbitration must be begun within one (1) year of the date of your e-mail to the
Foundational Medicine referenced above or you waive the right to seek dispute resolution by
arbitration or to take any other legal action related to the Course or these Terms.

20. Users Outside United States
Foundational Medicine controls and operates the Course from offices in the United States.
Foundational Medicine does not represent that the materials in the Course are appropriate or
available for use in other locations. People who choose to access the Course from other
locations do so on their own initiative and are responsible for compliance with local laws, if and
to the extent local laws are applicable.

21. Severability
You expressly agree that these Terms are intended to be as broad and inclusive as permitted by
the law of the State of Maryland, and that if any portion of these Terms is held invalid, void or
unenforceable for any reason, then that portion shall be deemed severed from these Terms
and it shall not affect the validity or enforceability of the remainder of the Terms which shall be
given full legal force and effect.

22. Waiver
Any waiver or forbearance by Foundational Medicine of any breach by you of any provision of
these Terms shall not be construed as a waiver of any subsequent breach by you.

Contact and Questions:
If you have any questions about any term of these Terms, please contact Foundational
Medicine at [email protected]. Email will be answered within 2-3 business
days, excluding weekends.
By clicking to agree to the “Participant Terms of Service” when signing up for the Course, you
are providing the electronic equivalent of your signature and agree that you have read,
understood and agreed to the entire Terms. If you do not agree with the Terms, do not
purchase or use the Course or Course Content.