INTEGRATIVE MEDICINE COUNCIL

USER AGREEMENT

This Terms of Use Agreement (“Terms of Use”) applies to use of the integrativemedicinecouncil.org website located at https//www.integrativemedicinecouncil.org (the “Site”). The Site is the property of Integrative Medicine Council (“IMC”).

IMC reserves the right, at its sole discretion, to change, add or remove portions of this Terms of Use, at any time. It is your responsibility to check this Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of this Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use. As long as you comply with this Terms of Use and any such modifications, IMC grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.  Notwithstanding the foregoing, however, IMC reserves the right to prohibit anyone from accessing, browsing, supplying information to or downloading information or otherwise using services made available at this Site in IMC’s sole and absolute discretion.

  1. Content; Copyright and Trademark Notice. All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, “Content”), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to IMC, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws.
  2. Use & Disclosure of Your Personal Information. You must disclose certain Personally Identifiable Information (defined in our Privacy Policy) to use our Site, register, and make purchases. As a condition of making any purchases of any products and/or services or conduct any transactions, you represent that you have first read these terms and conditions and consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information (defined in our Privacy Policy).  Please refer to our Privacy Policyfor more information which is incorporated herein by this reference.
  3. Consent To Our Communication With You By E-Mail. By supplying your email to us on this Site, you grant permission for IMC to contact you at your e-mail address. To stop receiving our marketing emails, please follow the opt-out procedures set forth in such marketing emails.
  4. Conditions of Sale and Payment Terms. Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services accepted by is are final. All charges from those sales are nonrefundable.
  5. Methods of Payment, Credit Card Terms and Taxes. All payments must be made by VISA, MasterCard, American Express, government credit cards and any other payment method offered during your checkout experience on the Site (each of which may be removed by IMC in its sole discretion). Net terms are also available for customers we deem eligible in our sole discretion, and in such cases, we may agree to receive payment by check in our discretion. We also may agree to accept wire transfer on a case by case basis in our discretion. Unless expressly set forth on this site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify IMC of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If IMC does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by IMC or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. IMC shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California and any other states or localities that it deems is required. No matter which payment method you elect to use, if such payment is denied or returned to us for any reason, we may either suspend or terminate your account and all services under this agreement and you agree to indemnify, defend and hold IMC harmless from and against all losses, fees, expenses, liabilities and damages suffered by IMC in connection with any denied or returned payment, and you agree to immediately pay IMC any unpaid account balance related thereto.
  6. Promotions, Promotional Gifts. Promotional items include any free items/gifts you may receive with your order. Promotional items are only available on certain items, where stated. Promotions may be changed or revoked at any time. Promotional items may be shipped separately from your order via a different carrier and/or different service. Promotional items must be returned if you are returning your order (see return/exchange policy below). Promotional items may not be offered (or if previously offered, revoked) if IMC offers you and you accept other incentives or benefits in combination with your order, for example in the case of a quoted discount price or where a cash discount is provided. Unless otherwise stated, all promotional items are only available at the website price.
  7. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. IMC reserves the right at any time after receipt of your order to accept or decline your order for any reason. IMC further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item (with a corresponding credit to the balance due on your order). Your order will be deemed accepted by IMC upon shipment of products or performance of services that you have ordered, or upon the completion of the license and delivery of digital information or products, as indicated by our servers. Title to goods and all risk of loss passes to you upon delivery to the common carrier.
  8. Return Policy. All digital-only downloads, which include but are not limited to online courses or continuing education, cannot be returned. We offer a 30-day return policy on selected physical items based on the manufacturer’s return policies. To return products, you must e-mail our Returns Department at admin@integrativemedicinecouncil.org to obtain a Return Merchandise Authorization (RMA) number before shipping your product. No returns of any type will be accepted without an RMA number. For faster service, please have the following information in the email requesting an RMA: customer name, invoice or order number, SKU number, and nature of the problem.  To expedite the processing of your refund or credit, we ask that products be returned within 30 days of the date that we issue the RMA. All returned products Must be 100% complete, in resaleable condition, contain all original boxes and packing materials, and contain all manuals, blank warranty and registration cards and other accessories and documentation provided by the manufacturer. You are responsible for shipping charges on returned items; we will match your shipping method on your replacement or exchange item(s). You must insure the shipment or accept the risk of loss or damage during shipment. We strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. If your order arrives in a damaged condition, save the merchandise and the original box and packing it arrived in, and notify us immediately to arrange for a carrier inspection and a pick up of the damaged merchandise.
  9. No Responsibility To Sell Mispriced Products Or Services. IMC shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. IMC shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, IMC shall immediately issue a credit to your credit card account in the amount of the charge.
  10. Modifications to Prices or Billing Terms. IMC RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMCEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
  11. Service and Support for Goods Sold. All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
  12. Indemnification. You agree to and shall indemnify and hold harmless IMC and its parents, sister companies, subsidiaries, affiliates, service providers, other end users, distributors, licensors, officers, directors and employees (collectively, the “Indemnified Parties”) from any loss, damage, claim, demand or other liability, including reasonable attorneys’ fees, that is sustained or otherwise suffered by any of the Indemnified Parties and which arising out of or related to your violation of this Terms of Use, or your violation of any law, regulation or third-party right.
  13. Disclaimer of Warranties. ALL OF IMC’S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR FOURTEEN (14) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, THE PRODUCTS, SERVICES, CONTENT, DIGITAL DOWNLOADS, SOFTWARE, ARTWORK, DATA, AND INFORMATION ON THE SITE, AND THE SITE ITSELF, ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT OR CORRESPONDENCE TO DESCRIPTION.  FURTHER, IMC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE IS FREE FROM THIRD-PARTY VIRUSES OR THAT SITE OR YOUR EXPERIENCE ON IT WILL BE ERROR-FREE.
  14. Information You Provide to Us; Other Covenants. You agree that you are solely responsible for the accuracy and content of the information you supply and for the accuracy and content of any modifications you make to any material you provide to us on the Site.  You agree not to supply any information that you do not have the legal right to supply to us or that otherwise infringes the intellectual property rights of any other party or that is misleading, fraudulent, defamatory, libelous, threatening, harassing, injurious to minors, pornographic, obscene or illegal.  You also agree: (1) not to alter or remove any of the information or content on the Site; (2) not to upload, attach or otherwise distribute on or through the Site any malicious or harmful computer code or files or links to malicious or harmful computer code or files; (3) use the Site in a way that is intended to harm, or a reasonable person would understand would likely result in harm,  to any other user of the Site, the Site itself or IMC, its parents, sister companies, subsidiaries, affiliates, service providers, distributors, licensors, officers, directors and employees; (4) not to disguise the origin of information transmitted to, from or through the Site; (5) not to circumvent any measures implemented by us aimed at preventing violations of these Terms of Use; and (6) that you shall comply with all applicable laws and regulations regarding your access to and use of the Site.
  15. Limitation of Liability.  NOTWITHSTANDING ANY OTHER PROVISION HEREIN TO THE CONTRARY, IN NO EVENT SHALL IMC OR OUR AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NONE OF OUR EMPLOYEES, AGENTS OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
  16. Consumer Rights Information; California Civil Code Section 1789.3.  This notice is for users of the Site residing in the State of California. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:

2084 Renshaw Court

El Cajon, CA 92020

Telephone Number: (619) 881-0029

Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.

  1. Miscellaneous. This agreement constitutes the entire agreement between you and us. Any heading, caption or section title contained in this agreement is inserted only as a matter of convenience and in no way limits any section or provision herein. This agreement is not assignable by you except with our prior written consent. If any provision of this agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. This agreement shall be governed and construed in accordance with the laws of the State of California, USA, without regard for conflict of law principles from any other jurisdiction. Any action in connection with this Site and/or this agreement shall be brought only in state or federal court located in San Francisco, California, USA and you shall submit to the exclusive jurisdiction of the courts of such state.

TERMS OF USE LAST MODIFIED ON June 25, 2019