The TOU is a binding contract between you and Institute of OM (“IOM”) and its successors and assigns. By accessing the Website, you expressly agree to be bound by them, INCLUDING THE AGREEMENT TO ARBITRATE CONTAINED IN SECTION 10. If you do not agree to be bound by the TOU, you may not access or use the Website.
Before providing you with an account for the Website we collect your full name and email address where we can contact you and where we can verify your identity before providing you with an account.
You agree that we may send communications to the email address you provide for customer service and other matters.
We do not sell your personal information to any third party. By visiting the Website and sharing your Personal Data, you agree that we have the right to share your personal information as follows:
- We may share personal information in compliance with any applicable law;
- We may share personal information for legal, protection, information security, and safety purposes. Examples include enforcing contracts or policies, reporting on security breaches, or assisting with investigating and preventing fraud or security issues
- We may share information with those who need it to do work for us. An example is granting a IOM employee the necessary access in order to perform his/her duties
- We may share aggregated or anonymized data. We may disclose or use aggregated or anonymized data for any purpose. An example would be for marketing, analytics or research purposes;
- We share personal data with third party companies or individuals as service providers to process information and support our services, such as providers that provide cloud storage service. We take security measures to ensure that your data stored with such services remains safe.
IOM uses reasonable and appropriate measures to protect your Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into due account the risks involved in the processing undertaken and the nature of the Personal Data we collect.
We will keep your personal data for as long as we need it, or as otherwise prescribed by law, for the purposes set out above. This period will vary depending on your interactions with us.
Reproduction or modification of any portion of this website for commercial or personal use without the express written permission of IOM is strictly prohibited. The materials on this website are intended for the purpose of inquiry into the OM practice only.
IOM is protected by U.S. and international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not download, copy or store the Website in any form outside of the Website and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or distribute any the Website content. You agree that all videos, images, text, data and information appearing on the Website and associated servers are "trade secrets" as defined, without limitation, in the California Uniform Trade Secrets Act. You agree to cooperate with us in protecting our proprietary and intellectual property rights on the Website. All intellectual property rights are the sole and exclusive property of IOM.
We are providing you with access to the Website pursuant to a limited, non-exclusive, non-sublicenseable, non-transferable, revocable license. You can only use the Website and subject to the TOU. This license is available to you by invitation of a IOM representative only, and may be revoked at will and without notice. If the TOU are not enforceable where you are located, you may not use the Website. IOM reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
As a condition of your use of the Website, you agree that you will not use any material or information provided on the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the website in any manner that could damage, disable, overburden, or impair any Website or IOM server, or the network(s) connected to the IOM server, or interfere with any other party's use and enjoyment of any material or information provided on the website. You may not attempt to gain unauthorized access to any web page, other accounts, computer systems or networks connected to any IOM server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.
By way of example, and not as a limitation, you further agree that, unless IOM has expressly granted you permission in writing, when using the Website, you will not:
- Redistribute, decompile, reverse engineer, publish, or copy your the Website account credentials or any part of the Website;
- Use the Website for the purpose of creating derivative works;
- Use or distribute any part of the Website for scientific or clinical research purposes;
- Attempt to impersonate another person or use another person’s the the Website account information without authorization;
- Use any trademarks, trade names, service marks, copyrights, or logos of IOM;
- Violate any third party’s rights, including intellectual property or privacy rights;
- Threaten, stalk, harm, or harass others; or engage in activity in connection that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate.
Engaging in prohibited uses is grounds for immediate termination of your license and any account associated with the Website, and may also subject you to civil or criminal penalties.
In consideration for granting you access to the Website you hereby grant IOM a perpetual worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license with respect to the content you submit on the Website (“License Materials”) to exercise the following rights to: (a) translate, alter, adapt, arrange, transform and edit the Licensed Materials (“Adapted Materials”); and (b) reproduce, share and publish in private and public forums and commercial products, the Licensed Material and Adapted Materials, in whole or in part, in any media and format, whether known now or hereafter created. You expressly agree that IOM is in no way obligated to identify you as the originator of the Licensed Materials or the Adapted Materials, although should IOM choose to attribute the Licensed Materials or Adapted Materials to you, that will not alter the terms of this license.
You agree that use of the Website is at your own sole risk and that the Website is provided on an "as is", "as available" basis, without warranties of any kind, either express or implied. To the maximum extent permitted by law, IOM and its affiliates, officers and/or employees expressly disclaim any and all warranties, express or implied, regarding the Website, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
You will indemnify and hold harmless IOM, its affiliates, officers and/or employees, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to the Website or the violation of the TOU by you.
You agree that IOM and its affiliates, subsidiaries, officers, directors, employees, agents, consultants, content providers, partners or suppliers ("Released Parties"), shall not have any liability to you under any theory of liability or indemnity in connection with your use of the site. You further agree to hereby and forever release and waive any and all claims you may have against any Released Parties for any and all claims, causes, damages or losses under any theory of liability (including attorneys' fees and associated costs and expenses) arising from your use of the site. Notwithstanding the foregoing, our total liability to you by any Released Party shall not exceed $100.
In no event shall IOM or its affiliates, officers and/or employees be liable with respect to the Website or the for (i) lost profits, lost data, or failure to meet any duty including without limitation good faith and reasonable care arising out of your access to or use of the Website; or (ii) any direct, indirect, incidental, punitive, special, exemplary, or consequential damages of any kind whatsoever.
These TOU will be interpreted and construed in accordance with the laws of the State of California and the United States of America, without regard to conflict of law principles. In the event of a dispute arising out of or in relation to the Website and/or these TOU, either you or IOM may refer the matter to final and binding arbitration by submitting a request for arbitration to JAMS San Francisco. By using any IOM website including the Website, both you and IOM acknowledge and agree that binding arbitration shall be the exclusive method for resolving any disputes that may arise between, and they expressly waive their entitlement to have such controversies decided by a court or a jury.
If any part of the TOU is held invalid or unenforceable, the remaining provisions of the TOU will remain in full effect. Either party’s failure to enforce any term or condition in the TOU is not a waiver of its right to do so later.
We may change, add or remove portions of the TOU at any time, which shall become effective immediately upon posting. It is your responsibility to review the TOU prior to each use of the Website and by continuing to use the Website, you agree to any changes.