The individual signing and submitting the form of which these Terms and Conditions are a part (the “Candidate”) agrees as follows:
- Use of IFM’s Service Marks. The Candidate acknowledges and agrees that “Institute for Functional Medicine Certified Practitioner,” “IFM Certified Practitioner,” and any variations thereof are trademarks of The Institute for Functional Medicine® (“IFM”) and may not be used by the Candidate unless and until the Candidate has been notified in writing and awarded a Certificate indicating successful completion of IFM’s Certification Program ( “IFMCP”). If the Candidate has been awarded such a Certificate, the Candidate may display the Certificate in the Candidate’s practice location and may inform patients that the Candidate is an “IFM Certified Practitioner.” The Candidate may not use any variations of such terms without IFM’s prior, written consent, nor may the Candidate use any such terms in a manner that states or implies that IFM endorses, guarantees, or provides any warranties regarding the Candidate or any services provided by the Candidate. The Candidate acknowledges that IFM does not endorse, guarantee, or provide any warranties regarding the Candidate or any services provided by the Candidate, and the Certificate indicates only that the Candidate has completed IFM’s approved course of study and has satisfied IFM’s other requirements for certification. Further information regarding IFM and IFMCP is available at IFM.org.
- Indemnification. The Candidate agrees to indemnify and hold harmless IFM and its officers, directors, employees, faculty, parents, affiliates, agents, subsidiaries, successors–in-interest, consultants, information providers, licensors, and suppliers (the “IFM Parties”) from and against any and all claims, actions, losses, liabilities, damages, costs and expenses (including without limitation attorneys’ fees) caused by or arising from any alleged or actual acts or omissions of the Candidate or the candidate’s employees, contractors, representatives, agents or affiliates. The indemnification provided hereunder shall specifically include, but not be limited to, (a) any claim made against any of the IFM Parties arising from or with respect to the Candidate’s use of the “Institute for Functional Medicine Certified Practitioner” and “IFM Certified Practitioner” designation or any similar phrases and (b) any claim made against any of the IFM Parties by any patient of the Candidate (unless such claim is completely unrelated to the Candidate).
- Waiver, Release, and Limitation of Liability. The Candidate hereby releases and forever waives any and all claims he or she may have against any of the IFM Parties for losses or damages the Candidate may sustain in connection with the Candidate’s for or participation in the IFMCP, IFM’s granting or not granting a Certificate to the Candidate, and Candidate’s use of, or inability to use, the Certificate. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL ANY OF THE IFM PARTIES OR ANY THIRD PARTIES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, DAMAGES FOR PERSONAL INJURY, SICKNESS, DEATH, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION OR DAMAGES FOR LOSS OF PROFITS OR REVENUES THAT MAY RESULT FROM OR IN CONNECTION WITH THE CANDIDATE’S FOR OR PARTICIPATION IN THE IFMCP, IFM’S GRANTING OR NOT GRANTING A CERTIFICATE TO THE CANDIDATE, AND CANDIDATE’S USE OF, OR INABILITY TO USE, THE CERTIFICATE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR EVEN IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. IN NO EVENT SHALL IFM’S AGGREGATE LIABILITY TO THE CANDIDATE EXCEED THE FEES ACTUALLY PAID BY THE CANDIDATE TO IFM WITH REGARD TO THE CANDIDATE’S PARTICIPATION IN THE IFMCP. No claims, regardless of form, arising out of, or in any way connected with the IFMCP, the Candidate’s participation therein and/or the Certificate may be brought by the Candidate more than one year after the cause of action has accrued or the Candidate’s participation in the IFMCP has been completed or terminated, whichever is earlier.