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Legal Policies
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PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE. By using this site, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. If you choose to use this site after we have posted changes to these terms and conditions, it is understood that you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please discontinue using this site.
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| ELECTRONIC COMMUNICATIONS |
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When you visit the Institute for Functional Medicine (IFM) website or communicate with us electronically via email, you thereby consent to receive communications from us electronically or by other available means. IFM employees and representatives will communicate with you via email or telephone. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
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| RESTRICTIONS ON USE OF MATERIALS |
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The entire contents of this website, including but not limited to text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations, and software, are the sole property of IFM and are protected by domestic and international copyright and trademark laws. You are not permitted to modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without the prior express written consent of IFM. To obtain such permission, contact the IFM Senior Editor at sheilaquinn@fxmed.com or 253-853-9288. You may also contact Client Services at client_services@fxmed.com or 800-228-0622. If you believe any content appearing on our website constitutes a copyright infringement of another party's rights, please notify us immediately by email or telephone as shown herein.
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| LINKS |
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We are not responsible for the availability of any other site to which the IFM website links. We do not endorse or take responsibility for the content, advertisements, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. Visitors should direct any concerns to that site's administrator or webmaster.
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| LICENSE AND WEBSITE ACCESS |
IFM grants you limited license to access and make personal use of this website. You are not permitted to download (other than for page caching purposes) or modify any portion of it, except with the express written consent of IFM. This website or any portion of it may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of IFM. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, Flash movie, page layout, or form) of IFM without the express written consent of IFM. You are hereby granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of IFM, provided the link does not portray any false, misleading, derogatory, or otherwise offensive content.
It is further understood and agreed that IFM cannot and does not guarantee or warrant that files made available for downloading through the IFM website will be free of infection, including but not limited to viruses, worms, Trojan horses or other code that exhibits contaminating or destructive components. It is the visitor's responsibility to implement sufficient safeguards and procedures to ensure that any files obtained through IFM or any other site are free from such infections.
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| DISCLAIMER OF WARRANTY/LIMITATION OF LIABILITY |
THIS WEBSITE IS PROVIDED BY IFM ON AN "AS IS" AND "AS AVAILABLE" BASIS. IFM MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IFM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IFM DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM IFM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IFM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
IFM USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. IFM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, IFM SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. IF A PRODUCT OFFERED BY IFM IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO IFM FOR A REFUND. ALL POSTAGE REQUIRED TO RETURN A PRODUCT WILL BE AT THE BUYER'S EXPENSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
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| APPLICABLE LAW |
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By visiting the IFM website, you agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and IFM.
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| DISPUTES |
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Any dispute relating in any way to your visit to, or access of, the IFM website or to the products or services you may purchase through the IFM website, shall be submitted to binding arbitration in the State of Washington, at a location to be named by IFM; except that, to the extent you have in any manner violated or threatened to violate IFM’s intellectual property rights, IFM may seek injunctive or other appropriate relief in any state or federal court in the state of Washington, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.
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| INDEMNIFICATION |
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By using and accessing the IFM website, you agree to indemnify, defend and hold harmless IFM, its officers, directors, employees, agents, suppliers and any third party information provider to the website from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Conditions of Use (including negligent or wrongful conduct) by you.
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| INTERNATIONAL USE |
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With regard to the global reach of the internet, you agree to comply with all local laws including, without limitation, laws about the internet, data, email, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
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| MISCELLANEOUS |
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If any of the terms and conditions listed herein are found to be unlawful, void, or for any reason unenforceable, then that provision will be considered restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and will not affect the validity and enforceability of the remaining provisions. These Conditions of Use represent the entire agreement between you and IFM relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a contract signed by both parties. Any inquiries concerning these terms and conditions of use should be directed to client_services@fxmed.com.
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