- Functional Medical Doctors of America -

Terms & Conditions

Terms of Use for Functional Medical Doctors of America

Effective Date:

May 6, 2025

Organic Dream LLC, doing business as Functional Medical Doctors of America. Welcome to Functional Medical Doctors of America. These Terms of Use ("Terms") govern your access to and use of our website, services, and any related content. By using our website or services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

1. This campaign sends SMS Notifications, Alerts & Occasional Marketing Communication to customers who have opted in to receive SMS notifications.

2.You can cancel the SMS service at any time. Simply text "STOP" to the shortcode. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.

3.If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to [email protected]

4.Carriers are not liable for delayed or undelivered messages.

5.As always, message and data rates may apply for messages sent to you from us and to us from you.

Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.

6.For privacy-related inquiries, please refer to our privacy policy: https://functionalmedicaldoctorsofamerica.org/privacy-policy

1. Introduction

1.1. FMDA is a platform dedicated to educating and connecting people to functional and holistic medicine while providing marketing and lead generation services to functional medical practitioners.

1.2. FMDA does not provide medical advice, diagnosis, or treatment and is not a healthcare provider.

1.3. These Terms and Conditions, along with our Privacy Policy, govern your use of this website and all associated services provided by FMDA.

2. Practitioner Listings

2.1. FMDA provides a directory of functional medicine practitioners for informational purposes only.

2.2. FMDA does not verify the credentials, qualifications, or effectiveness of any listed practitioners. Users should conduct their own due diligence before selecting a provider.

2.3. FMDA reserves the right to modify, remove, or update listings at its discretion.

3. Marketing & Lead Generation Services

3.1. FMDA offers marketing and lead generation services, including Google Ads management, website development, lead automation, and consulting for functional medical practices.

3.2. FMDA does not guarantee specific results from any marketing campaigns, as performance depends on various factors, including market conditions and competition.

3.3. FMDA retains ownership of all marketing assets, including ad campaigns, landing pages, and automation systems, unless otherwise agreed in writing.

3.4. The client will not have direct access to the Google Ads account but will receive regular performance updates and insights.

3.5. If a client discontinues services, FMDA retains the exclusive right to manage, modify, or pause all campaigns, and the client may not continue using any proprietary marketing materials or strategies created by FMDA.

4. Payments & Subscription Terms

4.1. Some services require payment, and by purchasing any service, you agree to the payment terms provided at the time of purchase.

4.2. Monthly marketing services are billed in advance and are non-refundable.

4.3. Failure to make timely payments may result in suspension or termination of services.

4.4. Any additional services requested outside the standard agreement may incur extra charges, which will be communicated and agreed upon in writing before execution.

5. Intellectual Property

5.1. All website content, including text, images, logos, and marketing materials, is the property of FMDA and may not be copied, reproduced, or distributed without written permission.

5.2. Any marketing assets created by FMDA for clients remain the intellectual property of FMDA unless otherwise agreed in writing.

5.3. Clients do not have the right to access or replicate Google Ads campaigns, landing pages, automation sequences, or other proprietary marketing systems developed by FMDA.

6. No Warranties & Disclaimer

6.1. FMDA provides all information, marketing services, and directory listings "as is" and makes no guarantees regarding accuracy, reliability, or fitness for a particular purpose.

6.2. FMDA does not endorse or recommend any practitioners listed on the website.

6.3. FMDA is not liable for any direct, indirect, incidental, or consequential damages resulting from the use of this website or its services.

6.4. Users are responsible for their reliance on any information obtained through FMDA.

6.5. FMDA does not guarantee the number of leads, appointments, or conversions from marketing services, as results vary based on external factors.

7. Privacy Policy

7.1. By using this website, you agree to the collection and use of your information as described in our Privacy Policy.

7.2. FMDA does not sell user data but may share information with affiliated partners for service improvement.

8. Compliance With Laws

8.1. Users agree to comply with all applicable domestic and international laws when using this website.

8.2. Unsolicited email, solicitations, or advertisements to practitioners or users of this website are prohibited.

8.3. FMDA complies with all applicable advertising laws and regulations, but clients are responsible for ensuring their business practices comply with medical advertising regulations.

9. Limitation of Liability

9.1. In no event shall FMDA's total liability exceed $3,000, regardless of circumstances.

9.2. FMDA shall not be liable for any consequential, incidental, or punitive damages, including but not limited to lost profits, reputational harm, or third-party claims.

9.3. FMDA is not responsible for any regulatory or legal issues that may arise due to a client's business operations, advertisements, or medical services.

10. Governing Law

10.1. These terms shall be governed by and interpreted under the laws of the State of [Insert State] without regard to conflict of law principles.

10.2. Any disputes shall be resolved exclusively in the courts of [Insert State].

11. Modifications to Terms

11.1. FMDA reserves the right to update these Terms and Conditions at any time. Changes will be posted on this page with a revised "Last Updated" date.

11.2. Continued use of the website after updates are posted constitutes acceptance of the modified terms.

12. Contact Information

If you have any questions about these terms, please contact us at [email protected]

FMDA Terms of ServiceLast Updated: 3/15/2025 - These Terms of Service ("TOS") govern the agreement between Functional Medical Doctors of America ("FMDA") and clients who purchase marketing and lead generation services. By purchasing or using FMDA’s services, you agree to the following terms. If you do not agree, do not use our services.

1. Services Provided

1.1. FMDA provides paid digital marketing services, including but not limited to:

Google Ads management for lead generationWebsite design and developmentAutomated lead follow-up systemsLocal SEO and online visibility solutions1.2. FMDA customizes marketing strategies for each client but does not guarantee specific results, as performance depends on market conditions, competition, and other external factors.

2. Payment & Fees

2.1. Clients agree to pay the specified monthly or one-time fees for services as outlined in their service agreement. 2.2. All payments are due in advance and are non-refundable unless otherwise stated. 2.3. If a client fails to make timely payments, FMDA reserves the right to pause or terminate services without notice. 2.4. Clients are responsible for providing a valid payment method and ensuring funds are available. 2.5. Any additional work outside of the agreed scope may result in extra charges, which will be communicated and approved in writing before execution.

3. Exclusivity Agreement (If Applicable)

3.1. If an exclusivity agreement is made, FMDA agrees not to run similar marketing campaigns for competing practices within the agreed-upon regions. 3.2. If FMDA is managing multiple service areas, expansion into additional regions will require additional service fees. 3.3. FMDA reserves the right to modify or revoke exclusivity agreements if the client fails to maintain service payments.

4. Intellectual Property & Access Restrictions

4.1. FMDA retains full ownership of all marketing assets, including but not limited to:

Google Ads campaignsLanding pages and their designsAutomated lead follow-up sequencesSEO content and optimization strategies4.2. Clients do not have access to FMDA-managed Google Ads accounts. However, FMDA will provide performance reports and campaign insights.4.3. If a client discontinues services, all marketing campaigns and proprietary assets remain the property of FMDA and will not be transferred to the client.4.4. Clients cannot continue using FMDA’s campaigns, ad creatives, or automation strategies after termination of services unless otherwise agreed in writing.

5. Service Termination

5.1. Either party may terminate services with a 30-day written notice unless otherwise stated in the agreement. 5.2. FMDA may terminate services immediately if the client violates these terms, fails to make payments, or engages in fraudulent or unethical business practices. 5.3. If FMDA terminates services for reasons other than client misconduct, a prorated refund for unused services may be issued at FMDA’s discretion. 5.4. Upon termination, FMDA will pause all active campaigns and discontinue any automation sequences.

6. Liability & Disclaimers

6.1. FMDA makes no guarantees on lead quantity, conversion rates, or revenue increases. Marketing results vary based on external factors. 6.2. FMDA is not responsible for any legal or regulatory issues arising from a client’s business operations, advertisements, or medical services. 6.3. FMDA’s maximum liability for any claims shall not exceed $3,000 or the total amount paid by the client in the past two (2) months, whichever is lower. 6.4. FMDA is not liable for consequential, incidental, or punitive damages, including but not limited to lost profits, reputational harm, or third-party claims.

7. Compliance With Advertising Laws

7.1. FMDA follows Google’s advertising policies and relevant state and federal advertising laws. 7.2. Clients are responsible for ensuring that their medical claims, services, and promotions comply with local laws and regulations. 7.3. FMDA reserves the right to pause or refuse campaigns that violate advertising policies or ethical standards.

8. Confidentiality

8.1. FMDA and the client agree to keep all business, marketing, and client data confidential. 8.2. FMDA will not share or disclose client data, ad performance metrics, or business strategies without written consent.

9. Dispute Resolution & Governing Law

9.1. These terms shall be governed by the laws of the State of [Insert State], without regard to conflict of law principles. 9.2. Any disputes arising from this agreement shall be resolved through arbitration in [Insert State], and both parties waive the right to a jury trial. 9.3. If arbitration is unsuccessful, claims shall be resolved in the state or federal courts of [Insert State].

10. Modifications to Terms

10.1. FMDA reserves the right to update these Terms of Service at any time. Changes will be communicated in writing to existing clients. 10.2. Continued use of services after an update constitutes acceptance of the modified terms.