IFM International Terms and Conditions
IMPORTANT– The following IFM International Terms and Conditions (the “Agreement”) is a legal Agreement between you (the “Attendee”) and The Institute for Functional Medicine, a United States of America (USA), Washington state not for profit 501(c)(3) organization (“IFM”). Please read this Agreement carefully as it sets forth the terms and conditions for Attendee’s participation at IFM’s International Event (“Event”). By registering for the Event, effective as of the date of such registration is complete (the “Effective Date”), Attendee agrees to be bound by the terms and conditions contained herein.
Cancellations received thereafter, up to the first day of the Event, are eligible for a refund less a late cancellation fee. Refer to the product purchase page for specific dates and fees.
Program materials and certificates of completion are delivered to Attendee through Attendee’s personal IFM account. Program materials are for use by registered Attendees only. For this reason, Attendee may not register someone other than themself. Please reference the program website for specific registration deadlines.
- Attendee must check in and be present at the in-person program or log in to the live stream program to fulfill the requirements for the IFM Certification Program (“IFMCP”). In addition, Attendee must complete the course evaluation by the stated deadline. The course evaluation instructions will be emailed by IFM to Attendee at the conclusion of the Event.
- Only registered Attendees will be allowed in the Event rooms or in the live stream broadcast. Children and unregistered spouses may not attend the program or sponsored events.
- Attendees are prohibited from audio or video recording the Event.
- IFM reserves the right to ask Attendee to leave the Event if Attendee’s behavior causes IFM concerns for the safety or security of Event Attendees.
ATTENDEE’S CONSENT FOR RECORDING; USE OF AUDIO, VISUAL, IMAGE
Attendee grants IFM permission to audio and video record and to photograph Attendee and to use Attendee’s likeness and image, suggestions, recommendations, and all manner of feedback in whatever media captured as follows: in any publication, for content creation, in educational programs, for promotional and marketing materials, on social media platforms, on messaging or chat platforms, and for any other lawful purpose, without payment or other consideration provided to Attendee. Attendee understands and agrees that these materials will become the property of IFM and will not be returned. As such, Attendee grants to IFM an unlimited, worldwide, irrevocable, perpetual, royalty free right and license to copy, display, reproduce, perform, modify, and to use as outlined above. Attendee waives the right to inspect or approve of the finished product, including written or electronic copy, wherein Attendee’s likeness appears. Attendee hereby holds harmless and releases and forever discharges IFM from all claims, demands, and causes of action which Attendee or Attendee’s heirs, representatives, executors, administrators, or any other persons acting on the Attendee’s behalf or on behalf of the Attendee’s estate have or may have by reason of this authorization.
USE OF IFM’S INTELLECTUAL PROPERTY
IFM retains all right, title, and interest in its Licensed Material, including any rights of ownership or as a licensee in any patents, copyrights, trademarks, trade secrets, or any other proprietary rights (“Intellectual Property”).
Attendee may not use or reproduce the name, logo, slogan, artwork, graphics, designs, or any identifying symbol or mark of IFM or other third parties, including but not limited to IFM® & Design (U.S. Reg. No. 4116063), THE INSTITUTE FOR FUNCTIONAL MEDICINE® & Design (U.S. Reg. Nos. 4061508, 4075253), APPLYING FUNCTIONAL MEDICINE IN CLINICAL PRACTICE (AFMCP)® & Design (U.S. Reg. No. 4464851), or any variations thereof, without IFM’s express written consent as the exclusive licensee of the marks owned by Jeffrey and Susan Bland.
IFM hereby grants to Attendee a non-exclusive, nontransferable, limited, revocable license (1) to copy the Licensed Material for clinical and personal use only, and (2) for patient use related to Attendee’s functional medicine practice. Without limiting the foregoing, Attendee is specifically prohibited from using the Licensed Material for commercial activities, including but not limited to marketing the forms as Attendee’s own, including the forms and documents within other commercial websites and digital products, and from distributing or sharing the Licensed Material (in whole or in part). Attendee may not sublicense the rights granted to Attendee in this AGREEMENT and should direct licensing requests to IFM. This AGREEMENT shall terminate immediately upon any breach or other failure to comply with the terms of this AGREEMENT by Attendee, without prejudice to any other rights IFM may have. Upon termination of this AGREEMENT, Attendee must destroy all copies of the Licensed Material and any works incorporating or derivative of any portion of the Licensed Material.
IFM provides the Licensed Material as is and with all faults and hereby disclaims all warranties and conditions, whether express, implied, or statutory, including, but not limited to, any implied warranties, duties, or conditions of: merchantability; fitness for a particular purpose; accuracy; results; lack of viruses, Trojan horses, disabling devices, or worms; or lack of negligence.
Attendee understands and acknowledges that the Licensed Material represents valuable confidential information to IFM. Attendee shall keep confidential, and shall protect from unauthorized disclosure, the Licensed Material and all copies or physical embodiments thereof in Attendee’s possession. Attendee shall use the Licensed Material only for purposes provided for under this AGREEMENT and shall limit access to the Licensed Material to such individuals as consultants, accountants, and attorneys who require such access in connection with Attendee’s use thereof as permitted by this AGREEMENT. Attendee shall secure and protect the Licensed Material and any and all copies and other physical embodiments thereof in Attendee’s possession.
TERM & TERMINATION; SURVIVAL
The term of this Agreement shall commence on the Effective Date and shall continue until completion of the Event in which Attendee registered, or the cancellation of the Event in which Attendee registered, if such Event is not rescheduled and completed. Notwithstanding termination of this Agreement, each party shall carry out every provision of this Agreement that contemplates continuing performance by such party after termination or expiration. Termination shall not affect any liability or other obligation that accrues prior to termination. After termination, the parties shall retain all claims and remedies at law, in equity, or otherwise.
Attendee agrees to indemnify and hold harmless IFM and its officers, directors, employees, faculty, affiliates, agents, subsidiaries, successors-in-interest, consultants, contractors, 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 Attendee or Attendee’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 Attendee’s use of any information, knowledge, competencies, or skills obtained or developed through Attendee’s participation in the Event; and (b) any claim made against any of the IFM Parties by any current or former patient of Attendee (unless such claim is completely unrelated to Attendee).
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES
Notwithstanding anything to the contrary in this Agreement, in no event shall IFM be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in any way related to the use of or inability to use the Licensed Material, or otherwise under or in connection with this Agreement, even in the event of negligence, claims of infringement, strict liability, breach of contract, or breach of warranty of IFM, and even if IFM has been advised of the possibility of such damages.
This Agreement constitutes the entire agreement between Attendee and IFM pertaining to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements existing between Attendee and IFM. Any modifications of this Agreement must be in writing and signed by Attendee and IFM.
This Agreement shall be deemed made in the State of Washington, USA, and shall be governed by the laws of Washington (without regard to its conflicts of law principles) and/or the United States, as applicable. Attendee agrees that any legal action between Attendee and IFM relating to this Agreement will be brought only in a federal or state court sitting in Seattle, Washington. Failure by IFM to enforce any part of this Agreement does not waive that part of the Agreement. IFM may assign its rights and obligations under this Agreement to any party at any time without notice to Attendee. Upon such assignment, IFM is relieved of any further obligation under this Agreement. The provisions of this Agreement are severable. If any part of this Agreement is determined to be invalid or unenforceable, the remaining provisions stay in effect.
INFORMATION FOR USERS IN EUROPE AND ELSEWHERE OUTSIDE THE UNITED STATES
If Attendee uses IFM’s website outside of the United States (US), Attendee understand that IFM may collect, process, and store Attendee’s personal information in the US and other countries. The laws in the US regarding personal information may be different from the laws of Attendee’s state or country. Any such transfers will comply with safeguards as required by relevant law. If applicable, Attendee may have a right to claim compensation for damages caused by a breach of relevant data protection laws.
USERS IN THE EUROPEAN UNION (EU) AND SWITZERLAND
If Attendee is a resident of the UK, EU or Switzerland, the following information applies:
Purposes of processing and legal basis for processing: As explained above, IFM processes personal data in various ways depending upon Attendee’s use of our website. IFM processes personal data on the following legal bases: (1) with Attendee’s consent; (2) as necessary to perform IFM’s part of the agreement to provide services; and (3) as necessary for IFM’s legitimate interests in providing the services where those interests do not override Attendee’s fundamental rights and freedom related to data privacy.
Right to lodge a complaint: Attendees who reside in the EU or Switzerland have the right to lodge a complaint about IFM’s data collection and processing actions with the supervisory authority concerned. Contact details for data protection authorities are available here.
Transfers: Personal information IFM collects may be transferred to, and stored and processed in, the United States or any other country in which IFM or IFM’s affiliates or subcontractors maintain facilities. Upon the start of enforcement of the General Data Protection Regulation (GDPR), IFM will ensure that transfers of personal information to a third country or an international organization are subject to appropriate safeguards as described in Article 46 of the GDPR.
Individual Rights: If Attendee is a resident of the EU or Switzerland, Attendee is entitled to the following rights once the GDPR becomes effective. Use the contact information below to communicate any such request. Please note: In order to verify Attendee identity, IFM may require Attendee to provide IFM with personal information prior to accessing any records containing information about Attendee.
The right to request data erasure. Attendee has the right to have Attendee’s data erased from IFM’s website if the data is no longer necessary for the purpose for which it was collected, Attendee can withdraw consent and no other legal basis for processing exists, or if Attendee believes Attendee’s fundamental rights to data privacy and protection outweigh IFM’s legitimate interest in continuing the processing.
The right to restrict or object to our processing. Attendee has the right to restrict or object to IFM’s processing if IFM is processing Attendee’s data based on legitimate interests or the performance of a task in the public interest as an exercise of official authority (including profiling); using Attendee data for direct marketing (including profiling); or processing Attendee’s data for purposes of scientific or historical research and statistics.
If Attendee does not understand any of the foregoing Terms and Conditions of Use, if Attendee would like to inquire about obtaining permission to copy or otherwise use the Contents, if Attendee believes any of the content infringes Attendee’s or another party’s rights, or if Attendee has any questions or comments, IFM invites Attendee to contact IFM by email at firstname.lastname@example.org or by phone at 800.228.0622 or 253.661.3010.