Terms and Conditions of Use
Date: November 24, 2014
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 PLMI, 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, PLMI 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 PLMI 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 PLMI 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 PLMI 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. PLMI assumes no responsibility for the deletion of or failure to store User Submissions. PLMI 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. PLMI 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.
4. Third-Party Links. This Web Site may contain links to web sites that are not owned, operated, or controlled by PLMI. 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 PLMI Terms and Conditions of Use 1
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 PLMI’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. PLMI 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 PLMI 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 PLMI DOES NOTE MAKE ANY COMMITMENT OR ASSUME 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 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.
PLMI is not obligated to review User Submissions. User Submissions do not reflect the opinions or views of PLMI, and 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, PLMI’s endorsement of User Submissions.
10. LIMITATIONS OF LIABILITY. IN NO EVENT WILL PLMI, 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 PLMI’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 PLMI and any individuals or entities affiliated with PLMI (including officers, directors, agents, 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 PLMI (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. Sec. 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 how you should address infringement notices under the DMCA is Annette Giarde, Operations Manager, Personalized Lifestyle Medicine Institute, 800 Fifth Avenue, Suite 4100, Seattle, WA 98104, phone 206-922-2914 or email email@example.com.
Information Automatically Collected and Stored
The information collected on the Website is used to help us better serve our affiliates and visitors. We may collect and store the following information:
• The Internet domain from which you have accessed the Internet. For example, if you connect to the Internet through America Online, the domain is aol.com
• The Internet protocol (IP) address of the computer that was used to access the Internet. An IP address is a number that is assigned to a user’s computer when he/she logs onto the Internet. When a Web page is requested, the user’s IP address is include in the message, and the recipient of the request can respond to it by sending another message using the IP address.
• The name and version of your computer’s operating system and Internet browser. For example, Windows 2000 (operating system) and Internet Explorer 6.0 or Google Chrome (Internet browsers).
• If you arrive to the Website from another website, the Internet address of the “referring” website.
• The date, time, and duration of your visit to the Website, and the pages visited.
What is a Cookie?
When a user visits a website, the website's server generates a piece of information known as a "cookie" and places it on the user's computer. Some cookies remain on a user's computer after the user has ended his/her website visit. These types of cookies are called "persistent cookies". Persistent cookies collect personal information about a user and allow the user's computer to be recognized in the future. Non-persistent cookies, or "session cookies," are erased by a user's computer after a period of inactivity or when the user closes his/her Internet browser. Session cookies do not collect any personal information about a user. They serve technical purposes, such as allowing seamless navigation through a website. Session cookies are stored in memory and are only available during an active browser session.
Additional Information Collected and Stored
We will not collect your personally identifiable information (e.g., name, contact information, etc.) through the Website without your consent. By providing us your personally identifiable information, you are consenting to our collection and storage of such information.
Registration and Log-In
Some features of the Website require you to register and provide certain personal information in order to have access to the Institute’s services, make donations to the Institute or to join the Institute’s mailing lists. If you are not comfortable with providing such information, you may elect to not provide such information by simply not using the features of the Website that require such information. Registration and log-in forms will clearly identify what information is required in order to use a particular feature and what information is optional. The information collected during the registration and log-in process may include: information manually submitted by you during the registration and log-in process and date, time and duration of your registration/log-in submissions.
E-mail Messages Sent to the Website
You may submit inquiries and comments to us through the Website and in such instance we collect and store the message content, the date and time of your submission and your e-mail address.
The Institute’s Use of Information Collected and Stored
We may use the information that is automatically collected and stored for statistical purposes (e.g., to measure the numbers of visitors to various sections of the Website), to enhance the value of the Website and our services, to maintain security of the Website and to assist us in evaluating the Website and our services.
We may use the information provided by you through registration, log-in, donation, and email features to enhance the value of the Website and our services and communicate with affiliates and you as follows:
• Respond to inquiries submitted by you;
• Make the Institute’s services available and provide services to you, if you are a registered user;
• Contact you about information, notifications and news;
• Keep records of donations, which may include communications with the Institute’s third party vendor; and
• Further the mission and purpose of the Institute.
The Institute does not disclose; give; sell; or transfer any personal information about visitors to the Website, including the identity of anyone who submits inquiries to the Institute through the Website, unless required to do so by law or except in the process of receiving a donation made through the Website. If you make a donation to the Institute through the Website, the information you submit during the donation process is collected and stored by the Institute’s third party vendor.
Links to Other Websites from the Website
Security of Information Collected
We use industry standard efforts to protect the confidentiality of your personally identifiable information. To assure the integrity of information on the Website's server, we reserve the right to monitor system access for malicious actions taken to disable, or attempt to disable, online services or intentionally gain unauthorized access to our or our affiliate's systems and/or data.
If you provide us with your contact information and later desire to not be contacted by us, please let us know by sending an email to firstname.lastname@example.org with your request to be removed from our mailing lists and we will promptly remove you from our mailing lists. Please note that if a communication is already prepared for distribution to the Institute’s mailing list at the time of your request, we may be unable to remove your contact information from that particular communication.
Thank you for your understanding and cooperation.