- OWNERSHIP AND USE OF WEBSITE AND SERVICES. All of the content featured or displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by IFM, its licensors, vendors, agents, and/or its Content providers. All elements of the Website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. Except as may be otherwise indicated in specific documents within the Website, you are authorized to view, play, print, and download documents, audio, and video found on our Website for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the Website. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Website and the Services. The Website and the Services may only be used for the intended purpose for which such Website and Services are being made available. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Website is hereby expressly prohibited. Sending unsolicited email, solicitations, or advertisements to any user of the Website is expressly prohibited by these Terms of Service.
- LICENSE AND SUBMISSION POLICY. At various points on the Website, IFM may invite you to submit content that you have created, e.g., to post commentary and photos (“User Submissions”). By submitting content to the Website, you expressly grant IFM a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide, fully sub-licensable right (including moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform, and display such User Submissions (in whole or in part) and your name, voice, and/or likeness, in any form and in any media or technology whether now known or hereafter discovered, and for any purpose including promotion, advertising, marketing, merchandising, publicity, and any other ancillary uses thereof. You also permit any user to access, display, view, store, and reproduce such User Submissions for personal use. By submitting any User Submissions, you hereby expressly permit IFM to identify you as the contributor of such User Submissions in any media now known or later developed. Any User Submissions are deemed non-confidential and IFM shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission. Please carefully consider the information you choose to submit to the Website, including, but not limited to, any commentary, photograph, or mailing or email address. You should not include your telephone number, street address, or last name in any User Submission. IFM assumes no responsibility for the deletion of or failure to store User Submissions. IFM reserves the right, in its sole discretion, to refuse to accept any User Submissions and to remove any User Submissions from the Website.
- THIRD PARTY LINKS. This Website may contain links to websites that are not owned, operated, or controlled by IFM or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials, or other information located on or accessible from any other website.
- ACCOUNT REGISTRATION AND SECURITY. You understand that you may need to create an account to make User Submissions and/or have access to parts of the Website. In consideration of your use of the Website, you will provide true, accurate, current, and complete information about yourself as prompted by the Website’s registration form. You are entirely responsible for the security and confidentiality of your password and account, and any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware.
- ACCESS AND INTERFERENCE. You agree that you will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.
- REPRESENTATIONS AND WARRANTIES. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant the following: (i) you are over the age of 18 and have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions, and obligations therein; (ii) you have obtained all consents, and possess all copyright, patent, trademark, trade secret, and any other proprietary rights, or the necessary licenses thereto, to grant the license in Section 2; (iii) you have the written consent of each and every identifiable natural person in your User Submissions to use such person’s name or likeness in the manner contemplated by the Website and this Agreement; (iv) you have read, understood, agree with, and will abide by the terms of this agreement; and (v) the User Submission and IFM’s use thereof as contemplated by this Agreement and the Website will not violate Section 3 of this Agreement.
- DISCLAIMERS. Your use of this Website is at your risk. IFM does not assume any responsibility, nor will it be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, browsing, or downloading of any information or materials from this Website. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER IFM, NOR ANY OF ITS AFFILIATES, WARRANTS THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER IFM, NOR ANY OF ITS AFFILIATES, MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IFM is not obligated to review User Submissions. User Submissions do not reflect the opinions or views of IFM or its affiliates, and IFM does not vouch for the accuracy or credibility of any User Submissions, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Submissions. In no event shall you represent or suggest, directly or indirectly, IFM’s endorsement of User Submissions.
- LIMITATIONS OF LIABILITY. IN NO EVENT WILL IFM, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION, OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE.
- INDEMNITY. You agree to hold IFM and any individuals or entities affiliated with IFM (including officers, directors, and employees) harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) your use of the Website; (ii) your violation of any term of this Agreement; or (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights, or intellectual property rights.
- RELEASE. In the event that you have a dispute with one or more other users of the Website, you release IFM (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. In operating the Website, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third-party websites. As a result, third-party materials that we do not own or control may be transmitted, stored, accessed, or otherwise made available using the Website. If you believe any material available via the Website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Mail such notices and claims to The Institute for Functional Medicine, 505 South 336th Street, Suite 600, Federal Way, WA 98003.