Introduction
Who Is IFM?
The Institute for Functional Medicine (“IFM”) is a global leader in the field of functional medicine, offering both premier functional medicine education and functional medicine certification programs, and IFM has Accreditation with Commendation awarded by the Accreditation Council for Continuing Medical Education(“ACCME”). IFM is a Washington state 501(c)(3) nonprofit corporation, headquartered at 505 South 336th Street, Suite 600, Federal Way, Washington 98003 USA.
Our Services
IFM offers a variety of services with the goal of promoting the widespread adoption of functional medicine, including, without limitation, educational courses and conferences, memberships, and certification programs (each a “Service” and collectively the “Services”). This Agreement governs the use of IFM’s Services in general. More specific and/or supplemental terms and conditions may apply to some Services. Any supplemental terms and conditions are in addition to these Terms of Service, and, in the event of a conflict, the supplemental terms will prevail over these Terms of Service. If You do not agree to the applicable supplemental terms and conditions disclosed in the relevant product page, do not purchase the impacted Services. For more information on available Services, please visit IFM's Learning Center.
Why Are the Terms of Service Important?
By purchasing and/or using any IFM Service or clicking “Accept,” You are agreeing to abide by and be subject to these Terms of Service, including any supplemental terms. If You are not in agreement with these Terms of Service, please do not purchase or use IFM’s Services. IFM’s Terms of Service, including any terms and conditions incorporated herein by reference, the Privacy Policy, and any supplemental terms, shall constitute the entire agreement between You and IFM with respect to the Services (the “Agreement”). In the event of conflict, precedent will be as follows: 1) the Privacy Policy, 2) supplemental terms, and 3) these Terms of Service.
For clarity, if You use IFM’s Website without purchasing any IFM services or products, the Terms of Use will govern Your use of IFM’s Website. You will be referred to as “You” herein. IFM and You are collectively referred to herein as the “Parties” and individually each as a “Party”.
What Is Covered in These Terms of Service?
This Agreement outlines what is expected from You when purchasing and/or using IFM’s Services and what You can expect from IFM in relation to said Services(s).
PLEASE READ THIS AGREEMENT, INCLUDING ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS CAREFULLY BEFORE PURCHASING AND/OR USING IFM’S SERVICES. BY PURCHASING AND/OR USING IFM’S SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
Agreement
REPRESENTATIONS
By purchasing and/or using IFM’s Services, You represent and warrant to comply with the IFM Code of Conduct, as amended from time to time.
If You are a healthcare professional, by purchasing and/or accessing IFM’s Services, You acknowledge that:
- Your purchase of Services and participation in IFM’s Services: Are not a substitute for any professional licensing requirements that may be applicable to You; and do not independently authorize You to render care, prescribe regimens, or prescribe medications or supplements.
- Your activities in the health and wellness field remain subject to Your education, qualifications, and professional licensure.
- Your use of Services does not change Your scope of practice.
- Any IFM Materials derived from the Services should be used only in accordance with the licenses provided herein or otherwise granted by IFM in writing.
SERVICES
Any Services purchased through IFM’s Website shall be subject to this Agreement. Each purchase shall be referred to individually as a Service and collectively as the Services. The existence of this Agreement shall not impose any obligation upon IFM to provide Services to You unless You fully pay for Services purchased. Any changes or modifications to the Services by IFM will be communicated to You.
FEES AND PAYMENT INFORMATION
Fees associated with the Services will be as set forth in the product page for the relevant Service and will be displayed at the time of purchase. Unless otherwise agreed to by IFM or otherwise specified in the relevant product page, payment in full will be due upon the purchase.
INTELLECTUAL PROPERTY
IFM’s Intellectual Property:
As between the Parties, IFM owns all right, title, and interest in the materials and all information used in the Services and any other materials shared with You (collectively the “IFM Materials”), including but not limited to any patents, copyrights, trademarks, or any other proprietary rights in or associated with such materials. If use of IFM Materials is part of Your purchase, subject to the Restrictions set forth herein, IFM hereby grants You a non-exclusive, limited, revocable, non-sublicensable and non-transferable license to use the IFM Materials as follows (“License”):
- Individual Membership License:
If You purchase an IFM Membership for Yourself, You may use the IFM Materials in accordance with this Agreement for Your personal use and for use with Your patients (in individual or group settings). Without prior written consent from IFM, You may not share the IFM Materials with anyone other than Your patients or allow public access thereto, including, without limitation, using the IFM Materials for publications, lectures, webinars, conferences, and/or Your website. You can request consent for uses beyond those provided by this Individual Membership License by contacting IFM at [email protected]. Consents will be granted or rejected at IFM’s sole discretion. - General License:
If You are not an IFM Member and have obtained access to IFM Materials through the purchase of an educational program or other Services through IFM’s Website (except as per the Exclusions below), You may use the IFM Materials in accordance with this Agreement for Your personal use, except that if tied to the purchase of an educational program, you can also use the IFM Materials with Your patients (in individual or group settings) ONLY for the duration of the educational program in order to support Your education. Except as otherwise provided herein, without prior written consent from IFM, You may not share the IFM Materials with anyone or allow public access thereto, including, without limitation, using the IFM Materials for patient care, publications, lectures, webinars, conferences, and/or Your website. If You wish to use the IFM Materials with Your patients, You can become an IFM Member by visiting /join-us/membership.
Restrictions:
For clarity, except as provided on the applicable License, You may not modify, perform, display, reproduce, distribute or otherwise use the IFM Materials unless You have obtained IFM’s express written consent to do so. Additionally, You may not use IFM Materials for any commercial purposes without IFM’s prior written consent. Commercial purposes refers to any activity that is intended to provide a benefit to a business or individual, including, without limitation, providing IFM Materials to provide a value to customers or bring in new customers or profiting directly or indirectly from the IFM Materials. Consents can be requested at [email protected] and will be granted or rejected at IFM’s sole discretion.
Except as specified herein, the term of Your License will be the term communicated in the product page on a per Service basis. If no term is communicated in the product page or otherwise in this Agreement, then the term of Your license will be co-terminus with the term of this Agreement. IFM can revoke Your License at any time in its sole discretion and with no liability to IFM. If Your Services expire or are terminated, this License will also automatically end. If Your License comes to an end, You must immediately cease use of and destroy all copies of the IFM Materials in Your possession.
Exclusions:
The above licenses do not apply if Your access to IFM Materials was obtained through an organizational membership (i.e., the organization that You are a part of purchased access on Your behalf). If access was obtained through an organizational membership, the terms of that organizational membership will apply to You, and You should look to Your organization for guidance on applicable licensing.
Additionally, the above licenses do not apply if Your access to IFM Materials is related to the certification programs provided by IFM, which will be separately governed by the Certification Terms and Conditions, as amended from time to time.
If You provide services to IFM, please govern Yourself by the applicable agreement between You and IFM.
Your Intellectual Property:
Between You and IFM, You own any content You submit, post, or display through IFM’s Services (“User Content”). User Content includes, without limitation, images, feedback, and commentary. If You share User Content with IFM through IFM’s Services, by sharing Your content on IFM’s Services, You grant IFM a non-exclusive, royalty-free, worldwide, fully paid, and sub-licensable license to use Your User Content as necessary to provide and improve the Services and as otherwise necessary for IFM’s business operations. You understand and agree that You are solely responsible for protecting Your User Content and that You should not share any information with IFM that You wish to remain private and confidential. IFM assumes no responsibility for the deletion of or failure to store User Content. IFM reserves the right, in its sole discretion, to remove any User Content from the IFM Services if IFM reasonably believes content is infringing, creates a security risk, or is otherwise harmful.
If Your User Content includes Your name, picture, testimonial, or other elements of Your likeness (collectively “Likeness Content”), You hereby consent to IFM’s use of Your Likeness Content for marketing, promoting, advertising, publicity, and other related commercial purposes. To the extent Your Likeness Content constitutes information protected under Privacy Law, IFM will handle Your information in accordance with the Privacy Policy.
TO THE EXTENT LEGALLY PERMISSIBLE, YOU HEREBY WAIVE ANY RIGHTS OF ANY KIND AND UNDER ANY LEGAL THEORY TO CLAIM DAMAGES AGAINST IFM IN RELATION TO OR CONNECTION WITH YOUR USER CONTENT.
- Individual Membership License:
NO WARRANTY AND LIMITATION OF LIABILITY
IFM PROVIDES IFM MATERIALS “AS IS” AND MAKES NO WARRANTIES WITH RESPECT TO IFM’S SERVICES. IFM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO IFM’S SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES SUCH AS MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES THAT IFM’S SERVICES WILL BE ACCURATE, UNINTERRUPTED, OR FREE OF VIRUSES, TROJAN HORSES, DISABLING DEVICES, OR WORMS.
ADDITIONALLY, IFM HEREBY DISCLAIMS ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO IFM’S SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, EVEN IN THE EVENT OF NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF IFM, AND EVEN IF IFM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IFM’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED $500.00 USD. NO CLAIMS, REGARDLESS OF FORM, ARISING OUT OF, OR IN ANY WAY CONNECTED TO THIS AGREEMENT, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUED.
IF YOU ARE A HEALTHCARE PROFESSIONAL, YOU AGREE AND ACKNOWLEDGE THAT YOU MAY NOT RELY SOLELY ON IFM MATERIALS AND/OR ANY INFORMATION SHARED BY AN IFM CONTRACTOR OR STAFF MEMBER AND THAT YOU ARE SOLELY RESPONSIBLE FOR USING YOUR PROFESSIONAL JUDGMENT IN MAKING EVALUATION and TREATMENT DECISIONS FOR YOUR PATIENTS.
IF YOU ARE NOT A HEALTHCARE PROFESSIONAL, YOU AGREE AND ACKNOWLEDGE THAT IFM’S SERVICES, INCLUDING, WITHOUT LIMITATION, THE IFM MATERIALS AND/OR ANY INFORMATION SHARED BY AN IFM CONTRACTOR OR STAFF AT AN EVENT, ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE OR SUBSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS INDEPENDENTLY SEEK THE ADVICE OF A QUALIFIED HEALTHCARE PROVIDER WITH ANY MEDICAL QUESTIONS. NEVER DELAY SEEKING MEDICAL ADVICE OR MAKE HEALTH DECISIONS BASED SOLELY ON INFORMATION YOU LEARN THROUGH IFM, INCLUDING IFM CONTRACTORS.
COMPLIANCE WITH LAWS
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding Your purchase and/or use of IFM’s Services.
If You believe content in IFM’s Services infringes a copyright, please review the DMCA Policy and take necessary steps set forth therein to report Your concern to IFM.
TERM AND TERMINATION
The term of this Agreement shall commence on the date of purchase (“Effective Date”) and shall continue for so long as You have Services that are active and/or paid, unless terminated earlier as permitted herein. For clarity, each Service may have supplemental terms and conditions as reflected in the relevant product page that will govern the length of Service.
IFM may terminate this Agreement at any time and for any reason with notice to You.
You can terminate this Agreement by closing Your account and suspending all use of IFM’s Services, including destroying or returning any IFM Materials in Your possession. Unless otherwise provided by law or by the relevant product page for the impacted Service, all purchases are final and non-refundable. If You believe that You were charged in error, You must contact [email protected] within ninety (90) days of the disputed charge. No refunds will be given for charges that are older than ninety (90) days. IFM reserves the right to issue refunds at its sole discretion. Issuance of a refund in any instance will not constitute a waiver of IFM’s rights under this section. This section does not affect any statutory rights that may apply. Other terms and conditions may apply with respect to a termination of any particular Service; please refer to the relevant product page.
If this Agreement expires or is terminated, all Services governed by this Agreement will cease effective immediately, including, without limitation, any license to IFM Materials.
Educational course registration, participation, cancellation policies, and other program details will vary by Service and will be visible in the product page for the relevant Service.
INDEMNIFICATION
You agree to indemnify, defend, and hold IFM, along with IFM’s affiliates, officers, directors, employees, subsidiaries, parent, agents, and assigns, harmless from and against any and all third-party claims, losses, liabilities, damages, expenses, and costs, including reasonable attorneys’ fees and court costs, arising directly or indirectly out of or relating to: (i) Your negligence or willful misconduct; (ii) a material breach of any of the terms of this Agreement; (iii) a violation of applicable law; (iv) Your use of IFM’s Services; or (v) Your infringement of any third party’s intellectual property rights.
PRIVACY
Your privacy is important to IFM, and we encourage You to review the Privacy Policy. The Privacy Policy describes any Personal Data that IFM may collect from You during the provision of IFM’s Services and how IFM may use said Personal Data. Personal Data as used in this Agreement refers to any information that on its own or in combination with other information can identify You and incorporates by reference any other definitions for personal data applicable under privacy law. Where use of Your Personal Data requires consent and to the extent permitted by law, by agreeing to the terms of this Agreement, You consent to IFM’s collection, use, and disclosure of Your Personal Data. In some cases, IFM may provide a separate request for Your consent. Your Personal Data will be handled in accordance with the Privacy Policy.
You acknowledge and agree that IFM may share Your Personal Data with IFM’s partners and vendors as needed to provide the Services. If You do not wish to have Your Personal Data shared in this fashion, You must inform IFM accordingly at [email protected] immediately upon the Effective Date.
Any other rights available to You under applicable privacy laws will be afforded to You.
ACCOUNT SECURITY
You understand that You may need to create an account to have access to IFM’s Services. If You create an account, You agree to provide true, accurate, current, and complete information about Yourself, as prompted by the IFM registration form. By creating an account or using IFM’s Services, You represent that You are an adult, as that term may be defined in the jurisdiction where You reside. You are entirely responsible for the security and confidentiality of Your account (including, without limitation, Your username and password) and any activities that occur in Your account. You agree to immediately notify IFM of any unauthorized use of Your account or any other breach of security of which You become aware.
You agree that You will not use any robot, spider, scraper, or other automated means to access IFM’s Services for any purpose. Additionally, You agree that You will not: (i) take any action that imposes or may impose any unreasonable or disproportionately large load on the IFM infrastructure; (ii) interfere or attempt to interfere with the proper working of IFM’s Services; or (iii) bypass any measures we may use to prevent or restrict access to IFM’s Services.
CONSENT
By sharing Your email address with IFM through IFM’s Services, You consent to receive notices from IFM electronically at the email address provided. When using IFM’s Services, You may be given the opportunity to consent to receive communications from IFM through email, text, and/or mobile push notifications. Standard text rates will apply. You agree that such communications may be generated by automatic telephone dialing systems. You can opt out of communications by following the “Unsubscribe” directions for emails or, if via text message, by responding STOP. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS AS A CONDITION OF PURCHASING AND/OR USING IFM’S SERVICES.
THIRD-PARTY LINKS, PRODUCTS, AND CONTENT
IFM’S SERVICES MAY INTEGRATE WITH, OR CONTAIN, THIRD-PARTY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION, OR LINKS THERETO THAT ARE NOT OWNED OR CONTROLLED BY IFM (“THIRD-PARTY CONTENT”). IFM DOES NOT ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY SUCH THIRD-PARTY CONTENT, AND YOU AGREE THAT WHEN ACCESSING ANY THIRD-PARTY CONTENT, YOU DO SO AT YOUR OWN RISK AND THAT THIS AGREEMENT SHALL NOT APPLY TO YOUR ACCESS TO OR USE OF THIRD-PARTY CONTENT. YOU EXPRESSELY RELIEVE IFM FROM ANY AND ALL LIABILITY ARISING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) ANY THIRD-PARTY CONTENT.
NO ENDORSEMENT
To the extent IFM’s Services include references to other organizations, such references shall not constitute an endorsement of said organizations. Please refer to IFM’s Endorsement Policy for more information.
CONFIDENTIAL INFORMATION
When receiving Services under this Agreement, You may be exposed to IFM’s Confidential Information. "Confidential Information" shall mean any information shared with You by IFM or through the IFM Services, including, without limitation, the IFM Materials and any other intellectual property of IFM, and any other information that a reasonable person would consider to be confidential, including, without limitation, all information relating to IFM’s Services, business, and operations.
All Confidential Information shall at all times remain the property of IFM. Confidential Information shall be considered confidential even if not marked as confidential and even if it is shared orally and not in writing. You may use IFM’s Confidential Information only as necessary to receive the Services and as permitted by this Agreement. You shall protect IFM's Confidential Information by using the same degree of care You use to protect Your own information of a like nature, but no less than a reasonable degree of care.
You may not disclose IFM’s Confidential Information to anyone unless legally required to do so, as advised by Your attorney. You must notify IFM immediately of any suspected or actual disclosures of IFM’s Confidential Information that are not in accordance with the terms of this Agreement. If this Agreement expires or is terminated at any point, in whole or in part, You must immediately return or destroy any IFM Confidential Information in Your possession. If only some Services expire or are terminated, the IFM Materials specific to the impacted Services must be returned or destroyed.
MEMBERSHIPS
If Your purchase includes an individual membership, IFM’s membership benefits shall be as set forth in the relevant product page for said Service. Individual membership benefits may include, without limitation, discounts and/or access to IFM Materials. Benefits are determined and provided at IFM’s sole discretion. IFM may change or remove membership benefits as it deems appropriate, without any liability to IFM. The Individual Membership License terms will apply to the purchase of any individual membership through IFM’s Website.
If You are a member through an organizational membership (i.e., the organization that You are a part of purchased access on Your behalf), the terms, including benefits of that organizational membership, will apply to You, and You should look to Your organization for guidance on applicable benefits.
CERTIFICATION
If Your purchase includes participation in the certification programs provided by IFM, Your use will be governed by the Certification Terms and Conditions, as amended from time to time. In the event of conflict between this Agreement and the Certification Terms and Conditions, the Certification Terms and Conditions will govern.
ACCESS TO SERVICES
IFM will make reasonable efforts to provide You with access to the Services as required by this Agreement. Notwithstanding the foregoing, You understand and agree that there may be circumstances outside of IFM’s control that could limit, interrupt, or otherwise interfere with Your access to the Services, including, without limitation, power outages, service provider disruptions, and/or acts of God (collectively “Force Majeure Events”).
YOU UNDERSTAND AND AGREE THAT IF A FORCE MAJEURE EVENT CAUSES A DISRUPTION IN YOUR ACCESS TO THE IFM SERVICES, IFM SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SUCH DISRUPTIONS.
IFM IS NOT RESPONSIBLE FOR ANY LACK OF FUNCTIONALITY OR ACCESS TO ANY PART OF THE IFM SERVICES OR ANY LOSS OF CONTENT OR DATA.
FIND A PRACTITIONER GUIDELINES
If You enroll to be listed in IFM’s Find a Practitioner (hereinafter the “Tool”), Your enrollment will constitute Your acceptance of these Terms of Service and Your acknowledgement that:
- Find a Practitioner is an IFM-owned database wherein practitioners can create a profile with details of their clinical practice for the purpose of introducing their services to prospective patients.
- You must comply with any requirements set forth by IFM for participation in the Tool, as modified from time to time in IFM’s sole discretion. Requirements may include, without limitation, completion of certain courses or programs as well as current IFM membership.
- You are responsible for creating Your profile, confirming the accuracy of the information therein, and keeping Your profile updated and current.
- In order to be visible in search results, You must enter Your state for telehealth listing only and Your complete clinic address, including city and state, for geolocation. For technical reasons, IFM is unable to make exceptions to this requirement.
- Your profile will be hidden until You mark it “public.”
- If Your access to the Tool is terminated or expires, Your profile will no longer be visible. If Your access is restored, You must go back into Your account to mark Your profile “public” again if You wish for Your profile to remain public.
- Any use of the Tool is at Your own risk.
- IFM does not make any guarantees of any kind and disclaims all warranties in the Tool and/or related Services, as set forth herein.
- You acknowledge and agree that the Tool is a free resource, open to the public, and IFM does not in any way screen public users.
- IFM does not approve or endorse the use of practitioner information listed on IFM’s Website for any solicitation or other commercial purposes. See IFM’s Endorsement Policy.
- IFM reserves the right, for any reason at any time, to edit or remove Your profile from the Tool at its sole discretion.
- You agree that IFM may use or disclose information about You in order to comply with patient requests to validate any certifications that You have obtained through IFM, confirm the status of Your IFM Membership, or advise of Your completion of IFM educational courses in accordance with the Privacy Policy.
- MISCELLANEOUS
- This Agreement constitutes the entire agreement between You and IFM pertaining to Your purchase and use of IFM’s Services and supersedes all prior understandings, oral or written, with regard to the subject matter herein.
- IFM may modify this Agreement and any supplemental terms and conditions from time to time for a number of reasons, including, without limitation, to reflect changes to IFM’s Services and to comply with applicable laws. You are responsible for periodically reviewing this Agreement for any changes. By continuing to use IFM’s Services, You will be deemed to have agreed to and accepted any changes. If You do not agree to the changes, You must discontinue Your use of IFM’s Services. Please visit IFM’s Website for the most current version of these Terms of Service.
- This Agreement, the rights and obligations of the Parties hereto, and any claims or disputes relating thereto shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to its conflict of laws provisions. Exclusive venue for any action hereunder will lie in the state and federal courts located in King County, Washington. Both Parties hereby submit to the exclusive jurisdiction and venue of any such court and hereby waive the defense of inconvenient forum.
- In the event of an unresolved dispute between You and IFM related to or in connection with this Agreement, You hereby agree that said unresolved dispute shall be subject to binding arbitration under the Rules of Arbitration of the International Chamber of Commerce. By accepting this Agreement, You give up Your right to resolve any dispute arising from this Agreement by a judge and/or a jury, and You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration, or any consolidation of individual arbitrations. The Parties shall seek to appoint a mutually agreeable arbitrator. All arbitration proceedings shall be confidential.
- Failure by IFM to enforce any part of this Agreement does not waive that part of the Agreement.
- If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent permitted by applicable law.
- IFM may assign its rights and obligations under this Agreement to any party at any time without notice to You.
- Any provisions that should by their nature survive the termination or expiration of this Agreement shall survive, including without limitation, Intellectual Property, No Warranty and Limitation Liability, Compliance with Laws, Indemnification, Privacy, Confidential Information, and this Miscellaneous section.
Additional Assistance
Should You have any questions regarding this Agreement, please contact us via email at [email protected] or by phone at 800.228.0622.
Last Revised: November 15, 2024