Terms of Service

Effective Date: September 30, 2025
Last Updated: September 30, 2025

Agreement to Terms

By accessing or using the KALE Functional Medicine website at kalemd.com (the “Site”), online shop, patient portal, courses, or any of our services, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use our Site or services.

These Terms constitute a legally binding agreement between you and KALE Functional Medicine (“we,” “our,” “us,” or “Practice”).

Use of Our Website

Permitted Use

You may use our Site for lawful purposes only, including:

Scheduling appointments
Accessing educational content
Purchasing products from our online shop
Enrolling in courses
Accessing your patient portal (if you are a patient)

Prohibited Activities

You agree NOT to:

Violate any applicable laws or regulations
Infringe on intellectual property rights
Transmit harmful code, viruses, or malware
Attempt to gain unauthorized access to our systems
Use automated systems to access the Site without permission
Harass, abuse, or harm others
Impersonate any person or entity
Interfere with the proper functioning of the Site
Collect information about other users
Use the Site for any commercial purpose without authorization

Healthcare Services Disclaimer

Not a Substitute for Medical Care

The information on this Site is for educational and informational purposes only and is not intended as medical advice. Content on this Site:

Does not create a doctor-patient relationship
Should not replace professional medical advice, diagnosis, or treatment
May not reflect the most current research or medical guidelines

No Medical Advice via Website

General information provided through the Site, blog posts, courses, or social media is not individualized medical advice. For personalized medical advice, you must:

Schedule an appointment with our providers
Complete appropriate intake and assessment procedures
Establish a formal patient relationship

Emergency Situations

If you are experiencing a medical emergency, call 911 immediately. Do not use this website or email to seek help in an emergency situation.

Patient Relationships

Establishing Care

A doctor-patient relationship is established only through:

Completion of new patient intake procedures
An initial consultation with one of our providers
Mutual agreement to enter into a treatment relationship

Telemedicine

If we offer telemedicine services, additional terms and consents apply. Telemedicine services are subject to applicable Texas state laws and regulations.

Online Shop

Product Information

We strive to provide accurate product descriptions, but we do not warrant that:

Product descriptions are accurate, complete, or error-free
Products will meet your expectations
Products are suitable for your individual health needs

Orders and Payment

All orders are subject to acceptance and availability
We reserve the right to refuse or cancel orders
Prices are subject to change without notice
Payment is required at the time of purchase
Sales tax will be charged where applicable

Shipping and Delivery

Shipping costs and delivery times are provided at checkout
We are not responsible for delays caused by carriers
Risk of loss passes to you upon delivery

Returns and Refunds

Our return and refund policy is available on the shop pages. Returns of supplements and health products may be limited due to safety and regulatory requirements.

Product Liability

We are not responsible for:

Adverse reactions to products
Improper use of products
Products used contrary to label instructions

Consult with a healthcare provider before using any supplements or health products, especially if you are pregnant, nursing, or have medical conditions.

Courses and Educational Content

Course Access

Course enrollment is personal and non-transferable
Course materials are for your personal use only
Course access may be time-limited as specified at purchase
We reserve the right to modify or discontinue courses

Course Content

Course content is educational and not medical advice
Information may become outdated
We do not guarantee specific outcomes or results

Intellectual Property

All course materials are protected by copyright. You may not:

Share course access with others
Reproduce or distribute course materials
Use course content for commercial purposes

Patient Portal

Access to the patient portal requires:

Establishment of a patient relationship
Account creation and authentication
Compliance with portal terms and security requirements

The portal contains protected health information subject to HIPAA regulations.

Intellectual Property Rights

Our Content

All content on this Site is protected by copyright, trademark, and other intellectual property laws, including:

Text, images, graphics, and logos
Website design and layout
Course materials and educational content
Product descriptions and materials
The “KALE Functional Medicine” name and logo

Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes. You may not:

Copy, modify, or distribute our content without permission
Create derivative works
Use our trademarks without authorization
Remove copyright or proprietary notices

User-Generated Content

Content You Submit

By submitting content (reviews, testimonials, comments, etc.), you grant us a non-exclusive, royalty-free, perpetual license to use, reproduce, modify, and display such content.

Your Responsibilities

You represent that any content you submit:

Is accurate and not misleading
Does not violate any laws or rights of others
Does not contain confidential health information (unless authorized)

We reserve the right to remove any content that violates these Terms.

Third-Party Links and Services

Our Site may contain links to third-party websites and services. We are not responsible for:

The content or practices of third-party sites
Products or services offered by third parties
Your interactions with third parties

Payment Processing

We use third-party payment processors for transactions. By making purchases, you agree to the terms and privacy policies of our payment processors.

Disclaimers

“AS IS” Basis

THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

No Guarantee of Results

We do not guarantee any specific health outcomes or results from our services, products, or educational content.

Technical Issues

We do not warrant that:

The Site will be uninterrupted or error-free
Defects will be corrected
The Site is free from viruses or harmful components

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KALE FUNCTIONAL MEDICINE SHALL NOT BE LIABLE FOR:

INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
LOSS OF PROFITS, DATA, OR USE
PERSONAL INJURY OR PROPERTY DAMAGE
DAMAGES RESULTING FROM USE OF PRODUCTS OR SERVICES

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE SIX MONTHS PRIOR TO THE CLAIM.

Indemnification

You agree to indemnify and hold harmless KALE Functional Medicine, its providers, employees, and agents from any claims, damages, or expenses arising from:

Your use of the Site or services
Your violation of these Terms
Your violation of any rights of others

Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

Any disputes shall be resolved in the state or federal courts located in Harris County, Texas, and you consent to personal jurisdiction in these courts.

Dispute Resolution

Informal Resolution

Before filing any legal action, you agree to contact us to attempt informal resolution.

Arbitration (Optional)

[If you choose to include arbitration provisions, this section would detail arbitration procedures and requirements.]

Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective when posted to the Site with an updated “Last Updated” date.

Your continued use of the Site after changes constitutes acceptance of the modified Terms.

Termination

We may terminate or suspend your access to the Site or services at any time, without notice, for:

Violation of these Terms
Fraudulent or illegal activity
Any reason at our discretion

Upon termination, you must cease use of the Site and any downloaded materials.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Site, constitute the entire agreement between you and KALE Functional Medicine regarding use of the Site.

Contact Information

For questions about these Terms of Service, please contact us:

KALE Functional Medicine
230 Westcott St. Suite #208
Houston, TX 77007
Email: [email protected]
Phone: (713) 660-6620