WEBSITE DISCLAIMER

Last Updated and Effective as of September 1, 2020

Please read this Disclaimer carefully before you start to use www.fxmigraine.com (the “Website). By visiting this Website, you accept and agree to be bound and abide by the terms of this Disclaimer, whether or not you have read it. 

This Website is owned and operated by Herdell Migraine Institute, LLC doing business as Functional Wellness for Migraines (“FX Wellness,” “we,” “our,” or “us”). The terms “you” or “yours” refer to the user of our Website. This Disclaimer, along with the Terms & Conditions and Privacy Policy of the Website, governs your access to and use of the Website, including any functionality, content, products or services offered on or through the Website. The term “you” refers to the user or viewer of the Website. 

By visiting, using, viewing, or accessing the Website or using, viewing, accessing or purchasing any of its content, products or services, or otherwise signing up to receive any of FX Wellness emails, newsletter, social media posts and or any other content or services or FX Wellness, or by purchasing any products from the Website, you accept and agree to be bound by and abide by this Disclaimer. If you do not want to agree to this Disclaimer, our Terms & Conditions or our Privacy Policy, you must not access, view or use the Website.

Changes to Disclaimer

We reserve our right to change, modify or update this Disclaimer at any time in our sole discretion, in which case we’ll update the Effective Date of the Disclaimer located at the top of this Disclaimer page to reflect the date of the changes. All changes are effective immediately when we post them and apply to all access to and use of the Website and its contents, products and services thereafter. By continuing to use the Website after we post any such changes, you accept and agree to be bound by the Disclaimer as modified, so please check this Disclaimer from time to time to be aware of any modifications.

Information on Website for Educational And Informational Purposes Only and Not Medical, Health or Professional Advice

This Website has been created to provide information about our wellness and functional and holistic nutrition services; however, any information found on this Website is for educational and informational purposes only and is NOT intended as, and must not be understood or construed as, medical care or advice for any person or dietetic or medical nutritional therapy or advice for any person, including clients of FX Wellness. Nothing on this Website is intended to substitute for professional medical advice, diagnosis, or treatment or the advice of a licensed dietician-nutritionist, or other licensed health care professional. The information on the Website is general information and education and is not intended as, and must not be understood as, the practice of medicine, the practice of dietetics, or the practice of counseling care including, without limitation, psychiatry, psychology, psychotherapy, or providing any form of medical diagnosis, treatment, cure or prevention of any disease.

For purposes of clarification, wellness and functional and holistic nutrition services (the “Wellness and Holistic Nutrition Services”) are offered by FX Wellness to individuals after they register as clients of FX Wellness and enter into a client agreement with FX Wellness.  While the Website may advertise the Wellness and Holistic Nutrition Services, no Wellness and Holistic Nutrition Services are provided via this Website or its contents. Your use or visiting the Website DOES NOT create a practitioner-client relationship between you and Josette Herdell or any other individual at FX Wellness.  While there may be a link to the FX Wellness HIPAA-compliant client portal for Wellness and Holistic Nutrition Services on this Website, the client portal is password-protected and hosted on a separate server and is not part of this Website.

You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. FX Wellness disclaims any liability for your reliance on any opinions or advice contained in this Website. Neither FX Wellness nor any of its owners, officers, employees, contractors, affiliates or suppliers shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek medical, health or professional advice from a licensed medical or health care professional who has knowledge of the facts and circumstances of your individual situation.

Information and statements on or in this Website and its contents regarding dietary supplements have not been evaluated by the Food and Drug Administration. Products sold on or through this Website are not intended to diagnose, treat, cure or prevent any disease. FX Wellness expressly recommends that you seek advice from your physician or other licensed medical or health care professional who has knowledge of the facts and circumstances of your individual situation before taking any medication or nutritional, herbal or homeopathic supplement, using any treatment for a health problem, undertaking any diet, exercise or other health program or making any medical or lifestyle changes.

User’s Personal Responsibility 

We have done our best to ensure that the Website and its contents are accurate and provide valuable information, but we cannot guarantee the accuracy of such information. Neither FX Wellness nor any of its owners, officers, employees, affiliates or contractors are responsible for any errors or omissions on or in this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

By accessing this Website and its contents in any way you accept personal responsibility for the results of your actions. FX Wellness is not responsible for your personal actions or choices before, during or after use of our Website. Notwithstanding any limitations by law, your use, misuse or non-use of any information on this Website is at your own risk, and you agree to 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 this Website and to absolve FX Wellness of any liability or loss that you, your business, or your family, children or heirs (if applicable) or any other person, may incur.

Additionally, you acknowledge that when making your own decisions and taking any actions or implementing anything suggested on this Website, which is all information and education, you are using your own judgment and conducting your own due diligence and assessment of risk, and you are voluntarily making those decisions with the full awareness that there may be risk involved.

No Guarantees

You agree that FX Wellness has not made any guarantees about the results of taking any action, whether recommended on or in this Website or not. This Website provides educational and informational resources that are intended to help users of this Website succeed in health or otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of FX Wellness and any individuals associated with FX Wellness.

You also recognize that prior results do not guarantee a similar outcome.  Thus, the results obtained by others – whether the owners of FX Wellness, clients of FX Wellness or otherwise – applying the principles set out in this Website, its contents, products and/or services are no guarantee that you or any other person or entity will be able to obtain similar results.

Testimonials

At various places on this Website you may find testimonials from clients of services offered on or in this Website or by FX Wellness. The testimonials are actual statements made by real people and have been truthfully conveyed on or in this Website, but they do not guarantee or promise in any way that you might achieve the same outcome as each situation varies. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using the Website or other services of FX Wellness.

Errors And Omissions​

This World Wide Web is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. We have taken reasonable steps to ensure that the information contained on or in this Website is accurate, but we cannot represent that this Website and its contents are free of errors. You accept that the information contained on or in this may be erroneous and agree to conduct due diligence to verify any information obtained from this Website prior to taking any action. You expressly agree not to rely upon any information contained on or in this Website.

Disclosures and Affiliate Links

This Website is written and edited by FX Wellness.  FX Wellness believes in honesty. If we link to or offer any content, products or services for which we receive a commission we will provide an applicable disclosure near such link or offer content. As a policy, FX Wellness will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers. Even though we may receive compensation, we always give our honest opinions, findings, beliefs, or experiences on those topics or products.

While we are committed to only affiliating with products and services we believe will provide value, we make no warranties, guarantees, or representations as to the effectiveness or safety of said products or services or to statements of such third parties. As a visitor of the Website, you recognize that it remains your personal responsibility to investigate whether any such products or services are right for your personal circumstances and whether they will benefit you. You will not rely on any recommendation, reference, or information provided by us on this Website but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the product or service. Any product claim, statistic, quote or other representation about a product or service may have been provided to FX Wellness by a third party and you should verify it with the manufacturer, provider or party in question before relying on it.

No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL INFORMATION ON AND IN THE WEBSITE, AND ITS CONTENT, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

FX WELLNESS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY AND APPROPRIATENESS OF OUR WEBSITE AND ITS CONTENTS FOR ANY PURPOSE.

FX WELLNESS MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE, ITS CONTENTS, ITS PRODUCTS OR ITS SERVICES. FURTHERMORE, FX WELLNESS MAKES NO WARRANTIES THAT THE WEBSITE OR ANY OF ITS CONTENT, PRODUCTS, SERVICES OR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, ITS CONTENT, ITS PRODUCTS AND ITS SERVICES OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE WEBSITE, ITS CONTENTS AND ITS SERVICES ARE CONTINUALLY UNDER DEVELOPMENT. FX WELLNESS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE, ITS CONTENTS, PRODUCTS AND ITS SERVICES AT ANY TIME.

FX WELLNESS FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THIS WEBSITE OR ANY OF ITS CONTENT, PRODUCTS OR SERVICES OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, SHALL FX WELLNESS, ITS owners, officers, employees, contractors, affiliates or suppliers, BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EQUITABLE OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF USE, DATA OR PROFITS, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE OR ITS CONTENTS OR ANY WEBSITE OR CONTENT LINKED FROM THIS WEBSITE. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORIES, EVEN IF FX WELLNESS HAS 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 FX WELLNESS, ITS owners, officers, employees, contractors, affiliates and suppliers IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT FX WELLNESS, ITS owners, officers, employees, contractors, affiliates and suppliers ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, ITS CONTENT, ITS PRODUCTS OR ITS SERVICES, OR WITH ANY OF THIS DISCLAIMER, THE WEBSITE TERMS & CONDITIONS, OR THE WEBSITE PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE, ITS CONTENT, ITS PRODUCTS AND ITS SERVICES.

BY USING OR VIEWING THIS WEBSITE AND ITS CONTENTS, YOU AGREE TO THIS LIMITATION OF LIABILITY AND RELEASE FX WELLNESS, ITS owners, officers, employees, contractors, affiliates AND suppliers FROM ANY AND ALL CLAIMS.

Contact Us

If you have any questions about this Disclaimer please contact us at contact@fxmigraine.com.

 

 

*Disclaimer: The information and content on this website www.fxmigraine.com (this “Website”) is provided for educational and informational purposes only and is NOT medical advice, is NOT
intended to treat, diagnose, cure or prevent any disease and is NOT intended as a substitute for or to replace the advice provided in a one-on-one relationship with a qualified health care professional. Nothing stated or posted on this Website is intended to be, and must not be taken to be, the practice of medicine and you should not rely on the information provided on this website as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider familiar with your personal situation and health with any questions you have regarding a medical condition, and before taking any medication or nutritional, herbal or homeopathic supplement, using any treatment for a health problem, undertaking any diet, exercise or other health program or making any medical or lifestyle changes. Never disregard professional medical advice or delay seeking it because of something you have read on this Website. Any information and statements regarding dietary supplements or other statements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. Please see our full Disclaimer at the link below before using this Website.

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