General
The store portion of this website (“The Attune Shop,” the “site” or “website”) is owned and operated by Attune Functional Medicine LLC (“we,” “our,” or “us”). These Terms and Conditions of Use (the “Agreement” or “Terms”) govern your use of the site. All users should read this Agreement before accessing and using the site. Visitors should be eighteen (18) years or age or older to use this site.
Accessing this site in any matter, automated or otherwise, constitutes use of the site. All visitors who use this site automatically agree to be bound by the terms and conditions in this Agreement. Even if you do not read any part of these Terms, you still agree to be fully bound by these Terms. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Terms and Conditions”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Visitors who do not agree to be bound by these Terms are not permitted to use this site.
We reserve the right to modify this Agreement or to impose new Terms of Use for this site at any time. Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. In such events, we will post the revised Terms of Use on this page of the website. By continuing to use the site after we post any updated Terms of Use, you accept the Terms as modified. You agree that it is your responsibility to review this page periodically to be aware of any modifications that have been made.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
Section headings are for reference only and do not define, interpret or limit the scope, extent or intent of such section.
Medical Disclaimers
The content of this website and the products and services offered on this website or through its third-party links have not been endorsed, evaluated, reviewed or approved by any private or governmental organizations or persons.
This website does NOT provide any medical advice, diagnosis, or treatment. The information on this website is for informational purposes only and is NOT a substitute for the professional advice of your physician or other licensed health care provider.
No individual should use the information on this website for diagnosing or treating any disease or health problem, or prescribing, taking, modifying or discontinuing any prescription medication or other treatment. You should always speak with your physician or licensed health care provider before taking any medication, nutritional supplement, herbal product or homeopathic remedy.
You should also speak with your physician or health care provider before adopting any dietary or fitness programs, lifestyle changes or wellness or detoxification programs, especially if you are pregnant or nursing, have active cancer, or have any allergies. You should carefully read the product packaging, instructions and warning labels on all products purchased on this website or on any third-party sites linked on this site.
Never avoid, disregard, modify, or delay seeking professional medical advice, or modify any of your prescribed medical treatments because of something you have read on this website. The use of any information on this site is at your own risk.
Nothing stated or posted on this website is intended to be the practice of medicine, and you agree not to take it as such. Information provided on this website and the use of any products or services purchased by you from this website or through any of its third-party affiliates does NOT create a formal doctor-patient relationship between you and Attune Functional Medicine LLC, or between you and any of the doctors affiliated with this website. Neither Attune Functional Medicine LLC nor any of the doctors, employees, contractors, or third-parties affiliated with this website shall be liable for any damages, real or perceived, caused by information on this site or any products or services sold through this website or any of its third-party affiliates.
Information and statements on this website regarding dietary supplements, herbal products, homeopathic remedies, or any other treatment have not been evaluated by the US Food and Drug Administration and are NOT intended to diagnose, treat, cure or prevent any disease.
Online Store Terms
Products are offered for sale through our company and through third-party links on this website. We do not control, and are not responsible for, the quality or accuracy of any products, services or information available through third-parties. A third-party merchant may ask you to supply any type of personally identifiable information, such as your full name, address, telephone number and credit card information. We are not responsible for any breach of your personally identifiable information that takes place through a third party’s website. The third party may have privacy practices that are different from ours. Before purchasing products and services from a third-party merchant, you should read their privacy policy and Terms of Use Agreements. You are responsible for all charges incurred through your interaction with any third parties, including shipping fees, handling fees and taxes. Any correspondence and business transactions between you and third-party affiliates are solely between you and said third party. You agree that we are not responsible for any loss or damages whatsoever arising from such dealings. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Payment Collection and Disputes
We must collect full payment for any purchases before your order can be delivered to you. You agree that you will not dispute our charges with your bank or credit card company as long as the transactions correspond to the terms indicated in your purchase. If you initiate a chargeback with your bank or credit card company for goods or services that have been genuinely rendered to you by our company, or you otherwise fail to pay any monies owed to us, and we retain a collection agency or law firm to collect any monies due, you agree to be responsible for and pay all costs of collection, including reasonable interest at the rate of 1.5% per month (18% per annum) plus reasonable collection agency fees not to exceed 30% of the principal amount due and reasonable attorneys’ fees. You also understand and agree that the collection agency fee will become due and added to your account at the time your outstanding obligation is placed with the collection agency.
Availability of Service
We do not warrant that this website or any of its functions will be secure, reliable, uninterrupted or error-free, or that any defects or errors will be corrected, or that any part of this site is free of viruses and harmful components. Visitors use this site at their own volition and risk.
Accuracy, Completeness and Timeliness of Information
We make no warrant about the content on this site or on the sites of third-party affiliates regarding their correctness, completeness or accuracy. The information on this website may be inaccurate or out of date, and we assume no duty to update any information or materials.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Modifications to the Service and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any part of the Service.
Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer. We may exercise these rights on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Right to Refuse and Restrict
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
Domestic Use Only
This website was created, and is maintained, in the United States of America (the USA). All content, services and products presented or linked on or through this website are intended for visitors residing in the USA and may not be appropriate or available for use in other countries. Visitors who access this website from outside of the USA bear all responsibility for compliance with their local laws.
Intellectual Property Rights
This site and its design, materials, content, graphics, and information are property of us and/or our affiliates and licensors, and are protected by intellectual property laws including trademark and copyright. This site is intended for visitors’ personal, non-commercial use. No material or information from this site may be used, except as allowed in these Terms of Use, without prior written permission. You are not permitted to modify, copy, reproduce, sell or otherwise distribute in any manner any content or products from this site. Downloading or printing copies of information from this site for personal reference and non-commercial use is permitted.
Third Parties
Our website may contain links to Internet sites owned and maintained by third parties. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Our linking to such third party sites or providing you with access to their tools does not imply an endorsement or sponsorship of such sites, or the companies, individuals, information, products or services offered on or through the sites. Your interaction, correspondence or business dealings with ANY third party found on or through our website, are SOLELY between you and such third party.
You acknowledge that we have no control or responsibility over the business practices, privacy practices, information, products, services, material, policies or any other aspect of third party sites and businesses. You further acknowledge and agree that we shall not be responsible or liable for any loss or damages, tangible or intangible, that you may incur as the result of such dealings with third parties. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback and Other Submissions
If, with or without a request, you send certain specific submissions to us (for example contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, feedback, testimonials, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you submit to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Non-Defamation
You agree not to publicly disparage, defame, or make false claims against Attune Functional Medicine LLC or any of its employees, products, services, contractors or affiliates. You also agree not to publicly disparage or defame Dr. Ashley Biscoe or Dr. Alison Egeland. If you breach this provision by posting or speaking defamatory or libelous content relating to any aspect of Attune Functional Medicine LLC on any public media and we must hire an attorney, you agree to be responsible for and pay all associated costs, including court costs and reasonable attorneys’ fees.
Prohibited Use of Website
You alone are responsible for the information that you post, send or submit to this website.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate any person or entity; (f) to submit false or misleading information, including impersonating another individual or entity; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, other networks, or the Internet; (h) to collect or track the personal information of others, including passwords; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Indemnity
You agree to hold harmless and indemnify Attune Functional Medicine LLC and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees against any and all damages, claims, liabilities and losses of any kind, including court costs and reasonable attorneys’ fees, that may arise in connection with any litigation, investigation or proceeding that may arise related to your use of this website, your use of products or services purchased through this website or any of its third-party links, your breach of these Terms, or your violation of any law or the rights of a third party. You agree to take full responsibility for your own actions or inactions. This indemnity survives the termination of this Agreement.
Termination
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Limitation of Liability
Under NO CIRCUMSTANCES shall Attune Functional Medicine LLC or any of its officers, members, employees and affiliates, nor any party involved in the creation, transmission or hosting of this website, be liable to any person or entity for any direct, indirect, special, punitive, incidental or consequential damages that result from the use of, browsing of, or inability to use this website by any person, even if we are advised beforehand of the possibility of such damages. The foregoing limitations of liability are limited to the fullest extent permitted by law. You should refer to your local state laws for any applicable prohibitions. If you are dissatisfied with this website or any of the products and services offered through this site or any of its third parties for any reason, your sole remedy is to stop using the site and any of its related products, services and materials.
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Governing Law
You agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of Colorado and any dispute shall be subject to binding arbitration in Boulder, Colorado. You expressly waive any claim of improper venue and any claim that such venue is an inconvenient forum. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of this website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of this Agreement is unlawful, void or unenforceable for any reason whatsoever, then that provision shall be deemed severable from this Agreement and shall not affect the enforceability of any remaining provisions in this Agreement.
Class Action Waiver
You may only resolve disputes with us on an individual basis. You may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You are not allowed to bring class arbitrations, class actions, private attorney general actions, or consolidation with other arbitrations against us. By using this Service in any capacity, you accept this Class Action Waiver.
Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Linking to this Website
You may create a hypertext link to the site as long as the link does not state or imply any sponsorship or endorsement of your site by us. However, you may NOT, without our prior written consent, frame or inline link (aka: “hotlink”) any of the content of this site whatsoever.
Privacy
Your privacy is important to us. Our policies and practices regarding the handling of personally identifiable information and other information that you submit to the website is outlined in our Privacy Policy, available here.
Contact Us
If you have any questions or concerns regarding this website, please contact us by email at info@attunemed.com or write to us at 13654 Xavier Lane, Suite 202, Broomfield, CO 80023.