Last Updated: June 10, 2011
1. Ownership and Use of Web Site and Services. All of the content featured or displayed on the Web Site, 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 Web Site, 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 Web Site, you are authorized to view, play, print, and download documents, audio, and video found on our Web Site 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 Web Site. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Web Site and the Services. The Web Site and the Services may only be used for the intended purpose for which such Web Site 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 Web Site is hereby expressly prohibited. Sending unsolicited email, solicitations, or advertisements to any user of the Web Site is expressly prohibited by these Terms of Service.
2. License & Submission Policy. At various points on the Web Site, IFM may invite you to submit user content that they have created, e.g., to post commentary and photos (“User Submissions”). By submitting content to the Web Site, 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 Web Site, 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 Web Site.
3. Inappropriate User Submissions. IFM does not seek, and you agree that you will not submit, User Submissions that are unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, pornographic, profane, racially offensive, inaccurate, or otherwise objectionable; that encourage conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation; or that are commercial in nature (e.g., advertisements, chain letters). Without limiting the foregoing, you will not submit any User Submissions that may infringe upon any intellectual property rights; express support or opposition to any candidate for elected office; or may constitute a crime or tort.
You agree not to impersonate any other person or entity, whether actual or fictitious. You further agree not to use an inappropriate member name of any kind.
4. Third-Party Links. This Web Site may contain links to web sites 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 Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials, or other information located on or accessible from any other web site.
5. 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 Web Site. In consideration of your use of the Web Site, you will provide true, accurate, current, and complete information about yourself as prompted by the Web Site'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.
7. Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Web Site 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 Web Site or any activities conducted on the Web Site; or (iii) bypass any measures we may use to prevent or restrict access to the Web Site.
8. 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 Web Site 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 Web Site will not violate Section 3 of this Agreement.
9. DISCLAIMERS. Your use of thIS Site 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, or browsing this Web Site, or your downloading of any information or materials from this Web Site. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE 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 WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE 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.
10. 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 WEB SITE, 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 WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, 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 WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN NO EVENT SHALL IFM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED TWENTY FIVE DOLLARS ($25.00).
11. Indemnity. You agree to defend, indemnify and 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 Web Site, (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.
12. Release. In the event that you have a dispute with one or more other users of the Web Site, 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.
15. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. In operating the Web Site, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third-party web sites. As a result, third-party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Web Site. If you believe any material available via the Web Site 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. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Fran Biddle, CFO, The Institute for Functional Medicine, 4411 Point Fosdick Drive NW, Gig Harbor WA 98335, phone 253-853-9280, or email firstname.lastname@example.org.