Terms and Conditions: SAFM Platinum Program with Activator (Contractor) v. 07-01-2024

Last Updated: July 1, 2024

These Terms and Conditions are between Purpose Inc, 137 Concord Rd, Sudbury, MA 01776 (“Provider”, “School of Applied Functional Medicine™”, and/or “SAFM”) and the “Contractor” (the “Parties”) and cover the relevant tenets of the Platinum Inner Circle with Activator Program (the “Program”).

The Contractor’s access to and participation in the Program and, in conjunction, access to the private, SAFM-hosted social media group, communications, and materials is subject to the Participant’s compliance with the terms of this Agreement.

PROGRAM ELIGIBILITY

The Contractor acknowledges that Program is granted by invitation only.

PROGRAM CANCELLATION

Should the Company cancel the Program prior to the end date outlined in the Statement of Work & Compensation Agreement for which the Contractor is receiving the Program as compensation, the Company agrees to pay the Contractor for all remaining work at the commensurate hourly rate agreed upon at the time of the original contract.

DELIVERY AND ACCESS

This Program is fully virtual. Participant access is with the SAFM account login credentials already established by the Participant to access the Participant’s Program coursework. Program conveys Active student status and includes access to then current SAFM Activator Program components, and Practitioner Incubator components through the SAFM dashboard. Program access also includes the Activator Hub (an online platform for community engagement) and the SAFM Activator course within the SAFM Dashboard. All Program learning events are conducted via video conferencing, and posted materials are made available.

The Contractor acknowledges and agrees that:

As a supplemental subscription, all terms and conditions outlined in the SAFM Applied Functional Medicine Training Program Terms and Conditions at the time of Program enrollment apply, including Contractor adherence to the SAFM Code of Conduct and the SAFM Limited Use of Professional Materials Policy.
Program is for term defined by the start and end dates as specified in the order form. Program access will terminate at 11:59 p.m. ET on the Program end date.
Program email communications will be sent to the email provided by the Contractor at the time of purchase. The Contractor is responsible for confirming that Program emails are being received and for reporting email delivery issues to SAFM via designated channels.
All Program calls are recorded and, thus, signature of this Agreement conveys consent to having participation included in these recordings. Due to the private nature of the Program Hub Group and/or Activator Hub in which Program calls are conducted, Purpose Inc will limit replay access to paying members only.
Any stated Program component may not be available (or recorded) at various times due to poor network availability or stability or other constraints beyond SAFM’s immediate control. SAFM will make every effort to communicate technical issues in a timely manner.

See also the SAFM Social Media Disclaimers.

As a benefit of the Program, Platinum Inner Circle (PIC) participants have access to unique lab testing opportunities not offered as part of any other SAFM course or program. Administration and coordination of all lab testing is managed by an authorized SAFM team member.

The Participant acknowledges and agrees to the following Lab Testing Coordination Terms of Use:

An authorized SAFM team member will manage logistics coordination for all lab kits associated with lab testing opportunities curated for members.
An authorized SAFM team member will have access to member lab results associated with PIC lab testing opportunities for the sole purpose of downloading lab results data for distribution to individual members.
All results associated with PIC lab testing opportunities will be delivered by an authorized SAFM team member, via HIPAA-compliant email, to the individual PIC member identified on the respective lab order form(s) per the email address provided in their SAFM PIC member profile.
SAFM will not share lab results for any PIC member with any unauthorized person(s).

DISMISSAL AND CODE OF CONDUCT

SAFM has established a set of standards and community guidelines to govern the actions and behaviors of staff, students, affiliates, and partners. The principles outlined in the SAFM Code of Conduct, and the policies and practices aligned to it, are intended to nurture a safe, encouraging learning environment in which students feel welcomed and valued.

SAFM reserves the right to dismiss from the Program, without refund or recourse, any Participant who violates the SAFM Code of Conduct, in the sole discretion of SAFM.

PERSONAL RESPONSIBILITY AND RELEASE OF CLAIMS

SAFM retains the right to change the form, nature, and content of the Program (and all of its components) at any time without prior notice to the Contractor. Purpose Inc is not responsible for any impact these changes have on the Contractor and/or the Contractor’s business.

SAFM is committed to personal, professional responsibility. The Contractor must use any information gleaned from the SAFM involvement in accordance with the rules of the regulatory entity that has awarded the Contractor’s license and/or certification. The Contractor acknowledges and assumes full responsibility for the use of any and all information gleaned from the Program, via any component for any purpose. It is the Contractor’s responsibility to assess, decide, and accept responsibility for what (if any) information taken from this Program is appropriate for use in supporting any client or patient for any purpose at any time.

The Contractor releases Purpose Inc. and its administrators, officers, directors, shareholders, employees, teachers, lecturers, agents, representatives and staff (collectively, the Releasee(s)) from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law, admiralty or equity, which against the Releasee(s), the Contractor ever had, now has or will have in the future against the Releasee(s), arising from the Contractor’s past or future participation in or use of information and guidance gleaned from, or otherwise with respect to the Program.

SEVERABILITY

If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof shall be stricken from this Agreement, and such provision shall not affect the legality, enforceability, or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally possible.

GOVERNING LAW AND JURISDICTION

This Agreement shall be subject to and construed and interpreted in accordance with Laws of the State of North Carolina, United States of America without regard to its conflicts of law principles.

All legal proceedings relating to the subject matter of this Agreement shall be maintained in the state or federal courts sitting in North Carolina and each party agrees that jurisdiction and venue for any such legal proceedings shall lie exclusively with such courts.

In the event of any dispute between the Parties arising in connection with this Agreement or any associated Agreement entered into pursuant to this Agreement, the Parties shall use all reasonable endeavors to first resolve the matter on an amicable basis, within a period of Sixty (60) days. No recourse to arbitration by one Party against the other Party under this Agreement shall take place unless and until such procedure has been followed. Notwithstanding the foregoing, this Clause will not apply to disputes regarding Confidential Information or Intellectual Property.

Any unresolved disputes or claims which may arise out of or in connection with the Agreement may be referred to arbitration in accordance with the Federal Arbitration Act. The arbitration proceedings will be presided by a sole arbitrator to be appointed based on mutual consent of both Parties in writing. The award of the arbitrator shall be final and binding on both the Parties.

Under no circumstances may any party interrupt or seek an injunction of SAFM’s business.