Terms and Conditions of Use
THIS SITE DOES NOT PROVIDE MEDICAL OR HEALTHCARE ADVICE. CONSULT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER FOR ADVICE REGARDING ANY MEDICAL CONDITION. DO NOT ATTEMPT TO SELF-DIAGNOSE OR TREAT ANY MEDICAL CONDITION BASED ON ANYTHING CONTAINED ON THIS SITE.
This site may contain or refer to health-related material that you may consider sexually explicit or offensive. Your use of the site is your responsibility and you are responsible for complying with any local laws that may pertain where you are located.
Table of Contents
- 1. Use of Content
- 3. Security
- 4. Site Information
- 5. Advertising Standards
- 6. Content Submittal Policy
- 7. Etiquette
- 8. Indemnification
- 9. Limitation of Liability of IM Practitioner
- 10. Dispute Resolution
- 11. Governing Law/Jurisdiction
- 12. Complete Agreement
Terms and Conditions of Use
1. Use of Content
InnoVision Professional?Media Inc. authorizes you to personally view the material contained on the IM Practitioner?site and to download a single copy of such material for your personal, non-commercial use, provided that any downloaded copy includes the copyright notice, “Copyright 2009 InnoVision Professional?Media Inc. All rights reserved.” and with any other copyright or proprietary rights notices that appear in the material copied. Consumers may not use site nor provide outside links to the site, for any personal or commercial purpose, including but not limited to, sale or trade of particular items or services.
The materials contained on the IM Practitioner?site are protected by the copyright laws of the United States and other countries. Ownership of the content belongs to IM Practitioner?and to content providers to this site. Any use of the content not expressly permitted by these Terms and Conditions of Use is a breach of these Terms and Conditions of Use and may be a violation of copyright, trademark and other laws. All rights not expressly granted in these Terms and Conditions of Use are specifically reserved to IM Practitioner.
If you violate these Terms and Conditions of Use, your authorization to use the IM Practitioner?site is automatically revoked and you must destroy any copies of the content that you have made.
InnoVision Professional?Media Inc., has created this privacy statement in order to demonstrate our collective firm commitment to your privacy. The following discloses the information gathering and dissemination practices for this Web site.
IM Practitioner respects and values your privacy. Although we may collect personal information from you, with your permission, only your name, your e-mail address, and your mailing address may be provided to preferred partners. No other personal information collected during your use of this site will be shared. IM Practitioner?will not, without permission, sell, disclose or provide ANY information, including your name, address, e-mail address or other personal information to any third party, unless required to do so by law.
Should you choose to take advantage of the posted on-site specials, or shop-on-line features of this Web Site, further information such as your credit card data for method of payment of goods and services may be necessary. InnoVision Professional?Media Inc., as site service host, provides state-of-the-art security and encryption devices to protect your payment information.
InnoVision Professional?Media Inc., as site service provider, its employees, directors, and investors are to be held harmless from any and all liability regarding any misuse of your credit card information provided for fulfillment of IM Practitioner’s?shop on-line feature.
InnoVision Professional?Media Inc., as site service provider, works to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. InnoVision Professional?Media Inc., employees who handle customer data do not have access to your credit card details as this information is immediately encrypted by our merchant service, which is the only holder of this information.
All major credit card companies protect cardholders against fraud, subject to a $50 deductible. We reveal only the last four digits of your credit card number when confirming an order. Of course, our merchant service transmits the entire encrypted credit card number to the appropriate credit card company during order processing. To complete credit card transactions, the merchant service provides the following customer information (name, billing address, credit card number, expiration date, and transaction amount) to the credit card processing company it uses via secure communications pathways. In addition, as part of the fulfillment process, IM Practitioner?may share shipping information with intermediary shipping companies, including but not limited to USPS.
InnoVision Professional?Media Inc., has adopted these policies and procedures because (1) we cannot control the privacy practices and policies of other sites and (2) we want to protect your security and privacy during your visit to us.
4. Site Information
4.1 Contact Us
If you have any questions about the privacy statement, the practices of this site, or your dealings with this Web site, you can contact InnoVision Professional?Media?Inc.
To contact us, Click Here
Cookies are small bits of electronic information that allow a Web site to keep records of your site visits and personalize or customize the Web experience for you. This site does not use “cookies” to report on or track you when you leave this site.
Our forms may require you to provide contact information (like your name and e-mail address). IM Practitioner?uses the contact information from these forms to send you information about the company and promotional material from content providers and advertisers provided that you have given us permission to do so.
We collect financial information (like your account or credit card numbers where applicable) so you can order products from IM Practitioner. Your billing information is used by IM Practitioner?or other business partners to bill you for products and services they sell. It is privileged and confidential and will not be given to a third party except as required by law.
Outside links to other health information sites are provided in limited circumstances where it is necessary to provide a balance of information and are for your information and perusal only. IM Practitioner?is not responsible for and neither endorses nor supports any products or services that you may find on these outside sites. Any data presented on these sites should be used at customer’s discretion only. IM Practitioner?is not responsible for any results that may or may not occur regarding your use of any information, goods, or services posted on these sites. IM Practitioner?cannot guarantee nor provide security surrounding your personal and confidential information while you are visiting these outside sites. In addition, some internal links may be required to support the functionality of IM Practitioner?and InnoVision Professional?Media Inc., as site host and are not accessible by the community at large.
4.4 Order Forms
This site uses an order form so that you can request information regarding, products and services. On this form, we collect your contact information (like your e-mail address). Contact information from the order form is used to send you goods and services ordered, where applicable or as requested, and may be used to send you information about our company or promotional material from our content providers, advertisers, and other parties.
5. Advertising Standards
IM Practitioner shares the values of the natural health industry including individual respect, cooperation, harmony, environmental awareness, and support of sustainable practices. All advertising submitted to IM Practitioner?must conform to ethical standards regarding, but not limited to the following:
- Absolutely no material is permitted that is offensive in any way regarding race, religion, culture or gender.
- Absolutely no sexually explicit material or material involving human or animal cruelty is allowed.
- We are committed to maintaining the highest standards for advertising however, we are not responsible for our advertisers, their products or services.
5.1 Advertising Claims
All advertiser claims regarding ingredients, potency, formulation and product testing must be verifiable. The advertiser must be able to substantiate and authenticate these claims to IM Practitioner?and to site users upon request.
All advertiser claims regarding how products are grown, tested or manufactured must be in accordance with principles and standards established by the appropriate governmental and regulatory agencies and organizations.
IM Practitioner makes no warranty or guarantee for the accuracy of labeling, content, or quality of any products or services advertised on retailer’s site.
IM Practitioner will accept advertising for food and food products that are labeled whole, natural, or organic. (We will also accept advertising for foods not in these categories).
All claims for food or other products that are labeled using the terms whole, natural or organic must not only conform to definitions set forth below, but must also meet all legal guidelines and requirements regarding the making of such representations. The advertiser must be able to substantiate and authenticate these and all other product claims to IM Practitioner?and to site users upon request. In these instances, the definitions in the following sections will apply.
5.2 More Information
For further questions or information on advertising standards please e-mail the Ad Director at: [email protected].
Further information on governmental and organizational regulation of industry advertising standards can be found at the following agencies and organizations. IM?Practitioner?advertising-acceptance policies support the advertising regulations, standards and guidelines set by these agencies and organizations:
Environmental Protection Agency www.epa.gov
The Federal Trade Commission www.ftc.gov
Food and Drug Administration www.fda.gov
Homeopathic Pharmacopoeia of the United States www.hpus.com
National Anti-Vivisection Society www.navs.org
People for the Ethical Treatment of Animals www.peta.com
Organic Trade Association www.ota.com
Natural Products Association www.naturalproductsassoc.org
5.3 Product Safety and Quality
Products for which advertising is accepted must be safe when used according to instructions. If product(s) are not intended for use by children, the advertising should not encourage or imply child-usage.
IM Practitioner has no means of independently evaluating the safety or functionality of the products offered by its suppliers and affiliates and thus can neither endorse nor recommend products. IM?Practitioner?requires that all of our advertisers can substantiate their claims of safety, wholeness, goodness and purity of product. However, we do not guarantee, warranty those claims, or any product or service advertised or discussed on our site.
6. Content Submittal Policy
InnoVision Professional?Media., reserves sole discretion to accept, edit or reject any and all materials submitted to us from consumers. InnoVision Professional?Media Inc., will not be responsible for the return of these items. InnoVision Professional?Media Inc., will not be liable for any payment for any submissions without prior written agreement.
You agree that you will not upload or transmit to the IM?Practitioner?site, its content providers, business associates, advertisers or users, any material that infringes or violates the rights of any party. If you submit any content or communication to the IM?Practitioner?site, you are agreeing that such content or communication is not confidential for any purpose. By making any submission to this site you are representing and warranting that you are the owner of the rights to the material submitted, and you are granting to IM?Practitioner?a permanent, royalty-free, irrevocable, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the content of the submission in any media, in any form or format, now available or developed in the future. If you are not the owner of the rights to the material submitted, you are representing and warranting that the person who owns such rights has granted the above-referenced rights to IM Practitioner.
InnoVision?Professional?Media Inc., may sublicense the rights obtained from you to others without limitation.
You agree, by your use of this site, to adhere to our standards of proper Net-etiquette. This includes, but is not limited to the standards listed below. IM Practitioner?prohibits the following action in our public areas and reserves the right to remove any postings that violate them.
- DO NOT use any explicit, vulgar, or obscene language.
- DO NOT use any racially, ethnically, or socially offensive language.
- DO NOT encourage, incite, or plot any illegal activity.
- DO NOT verbally attack, harass, or otherwise annoy any other members.
- DO NOT post or request personal information from anyone under 18.
- DO NOT misrepresent yourself as part of the IM Practitioner?staff, or another organization to which you ARE NOT A MEMBER.
- DO NOT post or link to sexually explicit or otherwise offensive material when participating in forums and chats and please stay on the topic.
- IF YOU post messages on a public site area, you may be identifying yourself, and your personal information may be available to others without your permission.
You agree to indemnify and hold InnoVision Professional?Media Inc., and IM ?Practitioner, its officers, principals, employees, agents, consultants, and information providers harmless from and against all claims, actions, demands, losses, expenses, damages and costs, including but not limited to reasonable attorney’s fees and accounting fees resulting from, or alleged to have resulted from, your violation of these Terms and Conditions of Use.
9. Limitation of Liability of IM Practitioner
IM Practitioner site is provided on an “AS IS” and “AS AVAILABLE” basis. Your use of the IM ?Practitioner?site and content is at your own risk. IM ?Practitioner?does not guarantee that the functions of this site will be error-free or uninterrupted, or that this site and server will be absolutely virus-free. Your use of this site involves transmission of data over facilities, which are not within the control of IM ?Practitioner, its content providers and advertisers. Therefore, IM ?Practitioner?assume no liability for delay, corruption of data, interruption of service, or interception of data transmissions outside of its direct control.
IM PRACTITIONER, ITS CONTENT PROVIDERS, BUSINESS ASSOCIATES AND ADVERTISERS, TO THE FULLEST EXTENT ALLOWABLE BY THE LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS.
IM Practitioner makes no representations or warranties as to: (1) the accuracy, completeness, reliability, currentness or timeliness of the content, textual material, graphics, links, or data transmission capabilities provided by the IM ?Practitioner?site; and (2) compliance with or satisfaction of any governmental regulations requiring disclosure of information concerning products or services offered by content providers or advertisers on the IM ?Practitioner?site.
In no case shall IM ?Practitioner, its content providers, business associates, advertisers or any third parties referred to on the IM ?Practitioner?site be liable for any damages, including without limitation, incidental and consequential damages, personal injury or death, lost profits or damages from data loss or business interruption, resulting from the use or inability to use the IM ?Practitioner?site or its content, whether based on contract, tort or any other legal theory, and whether or not InnoVision Professional?Media Inc. is given notice of the possibility of such damages. InnoVision Professional?Media Inc., and IM ?Practitioner?shall only be liable for actual damages suffered by you, and only to the maximum amount of $500 (U.S. currency). IM ?Practitioner?assumes no liability for your use or misuse of the site, the content, the public areas of the site, including, without limitation, liability for personal injury or death. Any claim brought in relation to your use of the site, the content or the public areas of the site must be brought within one (1) year of the event from which the claim arises. The remedies set forth in these Terms and Conditions of Use are exclusive and limited to those expressly set forth.
Although the editors and content providers of this site have consulted sources believed to be reliable and accurate in assembling the content of this site, information provided may not be error-free. Listings of suppliers, professional associations, organizations, news, events and other material are intended to be comprehensive but not necessarily all-inclusive of information.
10. Dispute Resolution
Notwithstanding the arbitration provision above, InnoVision Professional?Media and IM ?Practitioner?may avail themselves of the full range of remedies available to them, either individual or together, in connection with any violation of its respective intellectual property rights, including, but not limited to, temporary and permanent injunctive relief, and actions for damages in either state or federal courts, as applicable. If such judicial proceedings are instituted, the parties agree that such proceedings will not be stayed or delayed pending the outcome of any arbitration proceeding under this Agreement. In such judicial proceedings, the prevailing party shall be entitled to an award of attorneys’ fees and litigation costs, including those at the trial court and all appellate court levels, against the losing party.
11. Governing Law/Jurisdiction
By use of this site, you agree that exclusive venue for resolution of any disputes between you and InnoVision Professional?Media Inc., and IM Practitioner?at 1400 Corporate Center Curve, Suite 130, Eagan MN 55121, shall be in the county and state wherein IM ?Practitioner?is located, or in the United States District Court for the District and Division that governs IM ?Practitioner’s?location. Your use of this site and all relations between you and IM ?Practitioner?shall be governed by the laws of the State of Minnesota?except where specifically preempted by federal law.
12. Complete Agreement
Except as expressly set forth within any separate notice contained in the IM ?Practitioner?site or any other written agreement between you and IM ?Practitioner, these Terms and Conditions of Use constitute the entire agreement between you and IM ?Practitioner?regarding the use of the IM ?Practitioner?site and content. These Terms and Conditions of Use may be modified by InnoVision Professional?Media Inc., at any time, with or without advance notice. By your continued use of the IM ?Practitioner?site, you agree to monitor these Terms and Conditions of Use for any changes, and that such changes will be binding upon you. None of these Terms and Conditions of Use may be waived except in a written instrument signed by an officer of InnoVision Professional?Media Inc. No waiver, whether express or found to exist as a matter of law, shall be deemed a further or continuing waiver of such term or condition or of any other term or condition.
If any term or condition set forth herein is found to be invalid by a court of competent jurisdiction, the remainder of the terms and conditions shall remain in full force and effect.