Terms & Conditions

Disclaimer

THE FUNK'TIONAL NUTRITIONIST makes no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. The materials in this site are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, THE FUNK'TIONAL NUTRITIONIST disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

THE FUNK'TIONAL NUTRITIONIST does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available is free of viruses or other harmful components. In no event shall the client and/or their respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server. You (and not THE FUNK'TIONAL NUTRITIONIST) assume the entire cost of all necessary servicing, repair, or correction.

Unless otherwise indicated, all content and graphics on this site are protected by U.S. Copyright and international treaties and may not be copied without the express permission of THE FUNK'TIONAL NUTRITIONIST. Re-use of any content and graphics online for any purpose is strictly prohibited. The content from the client’s site is available for private informational uses offline only, provided the content and/or graphics are not modified in any way, and all copyright and other notices on any copy are retained. For other offline informational and noncommercial uses, express written permission must be granted by THE FUNK'TIONAL NUTRITIONIST and any customer of THE FUNK'TIONAL NUTRITIONIST where applicable.

THE FUNK'TIONAL NUTRITIONIST bears no responsibility for the actual information found on any project/product developed for customers or partners. THE FUNK'TIONAL NUTRITIONIST shall not be held responsible for any information and content on any project developed whole or in part by THE FUNK'TIONAL NUTRITIONIST as represented in this or any other media.

Medical Disclaimer

NOT MEDICAL ADVICE.  The information contained in this site or THE FUNK’TIONAL NUTRITIONIST services is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the guidance of your doctor or other qualified health professional with any questions you may have regarding your health or a medical condition. Never disregard the advice of a medical professional, or delay in seeking it because of something you have seen on this site or THE FUNK’TIONAL NUTRITIONIST services.

NOT A MEDICAL PROVIDER. We are not medical health practitioners or mental health providers and we are not holding ourselves out to be in any capacity. We are not holding ourselves to be a medical provider (including doctor/physician, nurse, physician’s assistant or any other health professional), mental health provider (including psychiatrist, psychologist, therapist, counselor, or social worker), registered dietitian or licensed nutritionist.  Rather, we serve as a trainer, educator, coach, mentor and guide who provides life, health, wellness, business education and learning opportunities to our clients.

CONTACT A MEDICAL PROVIDER.  You should consult a licensed health care professional before starting any health protocol or any health device such as those found on this site or THE FUNK’TIONAL NUTRITIONIST services. You are encouraged to confirm any information obtained from or through this site or THE FUNK’TIONAL NUTRITIONIST services, and review all information regarding any medical condition or treatment with your physician.

MEDICAL EMERGENCY.  If you think you may have a medical emergency, call your doctor, go to the nearest hospital emergency department, or call the emergency services immediately. If you choose to rely on any information provided by THE FUNK’TIONAL NUTRITIONIST, you do so solely at your own risk.

Trademarks

Other product and company names mentioned herein may be the trademarks of their respective owners. The use of such trademarks should not be construed as a challenge to ownership of those trademarks. Logos and trademarks used in the portfolio or proofing areas of this site, which are not indicated above, are the trademarks, registered trademarks, or service marks of THE FUNK'TIONAL NUTRITIONIST. THE FUNK'TIONAL NUTRITIONIST has been granted permission to use these for showcase purposes only and the use of these should not be construed as a challenge to ownership of these trademarks.

Credit Where Credit is Due

The strategy, design, and creation of the website is by Maine Fox Marketing. The logo, branding design, and art direction is by Obie Branding. Photography of Erin Holt is by Raya on Assignment.

Vibrant Wellness Wheat Zoomer, Food Zoomer Bundles, Food Sensitivity Tests & Micronutrient Panel

By purchasing a test kit, you agree to the terms and conditions. No exceptions will be made.

Unless you are a current client, we cannot offer guidance as to which test(s) are appropriate for you. Please see information provided to make the best decision for you based on your symptoms and situation.

Purchase of test kit DOES NOT INCLUDE health history evaluation, email correspondence, nutrition coaching or follow-up from Erin. Purchase of this package does not make you an active client of The Funk’tional Nutritionist.

After The Funk’tional Nutritionist receives and analyzes your test results, we will send you an email with the interpretation and along with any recommended actions or supplementation. We will include your test results with this information.

Due to fees incurred when test is ordered, The Funk’tional Nutritionist cannot offer returns, refunds, or exchanges on any test orders.

These tests are cash-pay only. The Funk’tional Nutritionist does not participate in private insurance, nor can we offer super bills.

Tests are not available in New York state or outside the U.S. 

We can only ship to residential or business addressees; we cannot ship test kits to PO boxes.

These tests do not require a blood draw. Everything you need will be included in the test kit that is mailed to you.

The Gut Panel

By purchasing a test kit, you agree to the terms and conditions. No exceptions will be made.

Purchase of test kit DOES NOT INCLUDE health history evaluation, email correspondence, nutrition coaching or follow-up from Team FN. Purchase of this package does not make you an active client of The Funk’tional Nutritionist.

After The Funk’tional Nutritionist receives and analyzes your test results, we will send you a notification through our patient portal with 1) the lab results and 2) interpretation video.

Due to fees incurred when test is ordered, The Funk’tional Nutritionist cannot offer returns, refunds, or exchanges on any test orders. You must complete the test within 30 days of purchase as the test kit will expire.

These tests are cash-pay only. The Funk’tional Nutritionist does not participate in private insurance, nor can we offer super bills.

Tests are not available in New York state or outside the U.S. We can only ship to residential or business addressees; we cannot ship test kits to PO boxes. These tests do not require a blood draw. Everything you need will be included in the test kit that is mailed to you.

Software Available on this Website

Any software that is made available to download from this server (“Software”) is the copyrighted work of THE FUNK'TIONAL NUTRITIONIST and/or its suppliers or vendors. Use of the Software is governed by the terms of the end user (“License Agreement”), if any, which accompanies or is included with the Software. An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is warranted, if at all, only according to the terms of the License Agreement. Except as warranted in the License Agreement, the client hereby disclaims all warranties and conditions with regard to the Software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproducing the Software to any other server or location for further reproduction or redistribution is expressly prohibited.

Documents Available on this Website

Permission to use documents (such as press releases, blog posts, and newsletters) from this server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from this Server is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications to any documents are made. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of this website or any other THE FUNK'TIONAL NUTRITIONIST owned, operated, licensed or controlled site. Elements of THE FUNK'TIONAL NUTRITIONIST websites are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any THE FUNK'TIONAL NUTRITIONIST website may be copied or retransmitted unless expressly permitted by THE FUNK'TIONAL NUTRITIONIST.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Information may be changed or updated without notice. THE FUNK'TIONAL NUTRITIONIST and/or their respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time without notice.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall THE FUNK'TIONAL NUTRITIONIST be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if THE FUNK'TIONAL NUTRITIONIST or an authorized representative thereof has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall THE FUNK'TIONAL NUTRITIONIST total liability to you for all damages, losses, and causes of action (whether in contract, (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.

Links to Third-Party Sites

THE FUNK'TIONAL NUTRITIONIST makes no representations whatsoever about any other website which you may access through this one. When you access a non-THE FUNK'TIONAL NUTRITIONIST website, please understand that it is independent from THE FUNK'TIONAL NUTRITIONIST, and that THE FUNK'TIONAL NUTRITIONIST has no control over the content on that website. In addition, a link to a non-THE FUNK'TIONAL NUTRITIONIST website does not mean that THE FUNK'TIONAL NUTRITIONIST endorses or accepts any responsibility for the content, or the use, of that website.

The links in this area will let you leave THE FUNK'TIONAL NUTRITIONIST’s site. The linked sites are not under the control of THE FUNK'TIONAL NUTRITIONIST, and THE FUNK'TIONAL NUTRITIONIST is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. THE FUNK'TIONAL NUTRITIONIST is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site by THE FUNK'TIONAL NUTRITIONIST.

In no event will THE FUNK'TIONAL NUTRITIONIST be liable to any party or any direct, indirect, special or other consequential damages for any use of this website, or on any other linked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

If you have questions concerning this agreement, you may contact: support@thefunktionalnutritionist.com

Last updated: 11/22/2023