Terms of Service
Please read the following terms of service agreement carefully.
These Terms, along with the Disclaimer and Privacy Policy, govern your access to and use of instituteofpreventativehealth.com, including any content, functionality, and services offered on or through instituteofpreventativehealth.com or related applications, whether as a guest or a registered user.
By accessing or using our sites and our services, you hereby agree to be bound by the terms and all terms incorporated herein by reference. It is the responsibility of you, the user, customer, or prospective customer to read all Terms and Conditions before proceeding to use this site. If you do not expressly agree to all of the terms and conditions, then please do not access or use our sites or our services. These terms were last updated 03/29/2022.
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Preventative Health Institute, also known as PHI, located at 806 E Washington St, Bloomington, IL 61701 and our subsidiaries and affiliates, in association with the use of the PHI website, which includes instituteofpreventativehealth.com, related applications (the “Site”) and its Services, which shall be defined below.
ACCEPTANCE OF TERMS
ANY AND ALL VISITORS TO OUR SITE SHALL BE DEEMED AS “USERS” OF THE HEREIN CONTAINED SERVICES PROVIDED FOR THE PURPOSE OF THIS TOS.
THE USER ACKNOWLEDGES AND AGREES THAT THE INFORMATION AND SERVICES PROVIDED AND MADE AVAILABLE THROUGH OUR WEBSITE AND APPLICATIONS, WHICH MAY INCLUDE SOME MOBILE APPLICATIONS AND THAT THOSE APPLICATIONS MAY BE MADE AVAILABLE ON VARIOUS SOCIAL MEDIA NETWORKING SITES AND NUMEROUS OTHER PLATFORMS AND DOWNLOADABLE PROGRAMS, ARE THE SOLE PROPERTY OF PHI. AT ITS DISCRETION, PHI MAY OFFER ADDITIONAL WEBSITE SERVICES AND/OR PRODUCTS, OR UPDATE, MODIFY OR REVISE ANY CURRENT CONTENT AND SERVICES, AND THIS AGREEMENT SHALL APPLY TO ANY AND ALL ADDITIONAL SERVICES AND/OR PRODUCTS AND ANY AND ALL UPDATED, MODIFIED OR REVISED SERVICES UNLESS OTHERWISE STIPULATED. PHI DOES HEREBY RESERVE THE RIGHT TO CANCEL AND CEASE OFFERING ANY OF THE AFOREMENTIONED SERVICES AND/OR PRODUCTS. YOU, AS THE END USER ACKNOWLEDGE, ACCEPT AND AGREE THAT PHI SHALL NOT BE HELD LIABLE FOR ANY SUCH UPDATES, MODIFICATIONS, REVISIONS, SUSPENSIONS OR DISCONTINUANCE OF ANY OF OUR SERVICES AND/OR PRODUCTS. YOUR CONTINUED USE OF THE SERVICES PROVIDED, AFTER SUCH POSTING OF ANY UPDATES, CHANGES, AND/OR MODIFICATIONS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH UPDATES, CHANGES AND/OR MODIFICATIONS, AND AS SUCH, FREQUENT REVIEW OF THIS AGREEMENT AND ANY AND ALL APPLICABLE TERMS AND POLICIES SHOULD BE MADE BY YOU TO ENSURE YOU ARE AWARE OF ALL TERMS AND POLICIES CURRENTLY IN EFFECT. SHOULD YOU NOT AGREE TO THE UPDATED, REVISED OR MODIFIED TERMS, YOU MUST STOP USING THE PROVIDED SERVICES FORTHWITH.
FURTHERMORE, THE USER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE SITE AND SERVICES SHALL BE PROVIDED “AS IS” AND AS SUCH PHI SHALL NOT ASSUME ANY RESPONSIBILITY OR OBLIGATION FOR THE TIMELINESS, MISSED DELIVERY, DELETION AND/OR ANY FAILURE TO STORE USER CONTENT, COMMUNICATION OR PERSONALIZATION SETTINGS.
INTERSTATE COMMUNICATION
UPON REGISTRATION, YOU HEREBY ACKNOWLEDGE THAT BY USING THE SITE TO SEND ELECTRONIC COMMUNICATIONS, WHICH WOULD INCLUDE, BUT ARE NOT LIMITED TO, EMAIL, SEARCHES, INSTANT MESSAGES, UPLOADING OF FILES, PHOTOS AND/OR VIDEOS, YOU WILL BE CAUSING COMMUNICATIONS TO BE SENT THROUGH OUR COMPUTER NETWORK. THEREFORE, THROUGH YOUR USE, AND THUS YOUR AGREEMENT WITH THIS TOS, YOU ARE ACKNOWLEDGING THAT THE USE OF THIS SERVICE SHALL RESULT IN INTERSTATE TRANSMISSIONS.
INDEMNITY
ALL USERS HEREIN AGREE TO INSURE AND HOLD PHI , OUR SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, OFFICERS, PARTNERS AND/OR LICENSORS BLAMELESS OR NOT LIABLE FOR ANY CLAIM OR DEMAND, WHICH MAY INCLUDE, BUT IS NOT LIMITED TO, REASONABLE ATTORNEY FEES MADE BY ANY THIRD PARTY WHICH MAY ARISE FROM ANY CONTENT A USER OF OUR SITE MAY SUBMIT, POST, MODIFY, TRANSMIT OR OTHERWISE MAKE AVAILABLE THROUGH OUR SERVICES, THE USE OF PHI SERVICES OR YOUR CONNECTION WITH THESE SERVICES, YOUR VIOLATIONS OF THE TERMS OF SERVICE AND/OR YOUR VIOLATION OF ANY SUCH RIGHTS OF ANOTHER PERSON.
MODIFICATIONS
PHI SHALL RESERVE THE RIGHT AT ANY TIME IT MAY DEEM FIT, TO MODIFY, ALTER AND OR DISCONTINUE, WHETHER TEMPORARILY OR PERMANENTLY, OUR SERVICE, OR ANY PART THEREOF, WITH OR WITHOUT PRIOR NOTICE. IN ADDITION, WE SHALL NOT BE HELD LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SUCH ALTERATION, MODIFICATION, SUSPENSION AND/OR DISCONTINUANCE OF OUR SERVICES, OR ANY PART THEREOF.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT PHI AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
A) THE USE OR INABILITY TO USE OUR SERVICE;
B) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
C) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
D) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
E) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
IN THE EVENT YOU HAVE A DISPUTE, YOU AGREE TO RELEASE PHI (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENT SUBSIDIARIES, AFFILIATES, CO-BRANDERS, PARTNERS AND ANY OTHER THIRD PARTIES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO SUCH DISPUTE.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
YOU HEREIN ACKNOWLEDGE, UNDERSTAND AND AGREE, UNLESS OTHERWISE EXPRESSLY PROVIDED IN THIS TOS, THAT THERE SHALL BE NO THIRD-PARTY BENEFICIARIES TO THIS AGREEMENT.
NOTICE
PHI MAY FURNISH YOU WITH NOTICES, INCLUDING THOSE WITH REGARDS TO ANY CHANGES TO THE TOS, INCLUDING BUT NOT LIMITED TO EMAIL, REGULAR MAIL, MMS OR SMS, TEXT MESSAGING, POSTINGS ON OUR WEBSITE SERVICES, OR OTHER REASONABLE MEANS CURRENTLY KNOWN OR ANY WHICH MAY BE HEREIN AFTER DEVELOPED. ANY SUCH NOTICES MAY NOT BE RECEIVED IF YOU VIOLATE ANY ASPECTS OF THE TOS BY ACCESSING OUR SERVICES IN AN UNAUTHORIZED MANNER. YOUR ACCEPTANCE OF THIS TOS CONSTITUTES YOUR AGREEMENT THAT YOU ARE DEEMED TO HAVE RECEIVED ANY AND ALL NOTICES THAT WOULD HAVE BEEN DELIVERED HAD YOU ACCESSED OUR SERVICES IN AN AUTHORIZED MANNER.
NO UNLAWFUL OR PROHIBITED USE AND INTELLECTUAL PROPERTY
YOU ARE GRANTED A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE LICENSE TO ACCESS AND USE THE WEBSITE AND THE RESOURCES AVAILABLE FOR DOWNLOAD FROM THE SITE STRICTLY IN ACCORDANCE WITH THESE TERMS OF USE.
AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO PHI THAT YOU WILL NOT USE THE SITE OR ANY OF THE RESOURCES AVAILABLE FOR DOWNLOAD FROM THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS. YOU MAY NOT USE THE SITE OR ANY OF THE RESOURCES AVAILABLE FOR DOWNLOAD FROM THE SITE IN ANY MANNER THAT COULD DAMAGE, DISABLE, OVERBURDEN, OR IMPAIR THE SITE OR INTERFERE WITH ANY OTHER PARTY’S USE AND ENJOYMENT OF THE SITE. YOU MAY NOT OBTAIN OR ATTEMPT TO OBTAIN ANY MATERIALS OR INFORMATION THROUGH ANY MEANS NOT INTENTIONALLY MADE AVAILABLE OR PROVIDED FOR THROUGH THE SITE.
ALL CONTENT INCLUDED AS PART OF THE SITE, SERVICES, OR PROGRAMS SUCH AS TEXT, GRAPHICS, LOGOS, IMAGES, AS WELL AS THE COMPILATION THEREOF, AND ANY SOFTWARE USED ON THE SITE, IS THE PROPERTY OF PHI OR ITS SUPPLIERS AND PROTECTED BY COPYRIGHT AND OTHER LAWS THAT PROTECT INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. YOU AGREE TO OBSERVE AND ABIDE BY ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES, LEGENDS OR OTHER RESTRICTIONS CONTAINED IN ANY SUCH CONTENT AND WILL NOT MAKE ANY CHANGES THERETO.
YOU WILL NOT MODIFY, PUBLISH, TRANSMIT, REVERSE ENGINEER, PARTICIPATE IN THE TRANSFER OR SALE, CREATE DERIVATIVE WORKS, OR IN ANY WAY EXPLOIT ANY OF THE CONTENT, IN WHOLE OR IN PART, FOUND ON THE SITE OR ANY OF THE RESOURCES AVAILABLE FOR DOWNLOAD FROM THE SITE.
PHI CONTENT IS NOT FOR RESALE. YOUR USE OF THE SITE OR ANY OF THE RESOURCES AVAILABLE FOR DOWNLOAD FROM THE SITE DOES NOT ENTITLE YOU TO MAKE ANY UNAUTHORIZED USE OF ANY PROTECTED CONTENT, AND IN PARTICULAR, YOU WILL NOT DELETE OR ALTER ANY PROPRIETARY RIGHTS OR ATTRIBUTION NOTICES IN ANY CONTENT. YOU WILL USE PROTECTED CONTENT SOLELY FOR YOUR INDIVIDUAL USE, AND WILL MAKE NO OTHER USE OF THE CONTENT WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE PHI AND THE COPYRIGHT OWNER. YOU AGREE THAT YOU DO NOT ACQUIRE ANY OWNERSHIP RIGHTS IN ANY PROTECTED CONTENT. WE DO NOT GRANT YOU ANY LICENSES, EXPRESS OR IMPLIED, TO THE INTELLECTUAL PROPERTY OF PHI OR OUR LICENSORS EXCEPT AS EXPRESSLY AUTHORIZED BY THESE TERMS.
THE NAME, THE LOGO, SLOGAN, AND ALL RELATED NAMES, LOGOS, PRODUCT AND SERVICE NAMES, DESIGNS, AND SLOGANS ARE TRADEMARKS OF THE PHI OR ITS AFFILIATES OR LICENSORS. YOU MUST NOT USE SUCH MARKS WITHOUT THE PRIOR WRITTEN PERMISSION OF THE PHI. ALL OTHER NAMES, LOGOS, PRODUCT AND SERVICE NAMES, DESIGNS AND SLOGANS ON THIS WEBSITE ARE THE TRADEMARKS OF THEIR RESPECTIVE OWNERS.
CHOICE OF LAW AND FORUM
IT IS AT THE MUTUAL AGREEMENT OF BOTH YOU AND PHI WITH REGARD TO THE TOS THAT THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS AND THAT ANY AND ALL CLAIMS, CAUSES OF ACTION AND/OR DISPUTES, ARISING OUT OF OR RELATING TO THE TOS, OR THE RELATIONSHIP BETWEEN YOU AND PHI , SHALL BE FILED WITHIN THE COURTS HAVING JURISDICTION OR THE U.S. DISTRICT COURT LOCATED IN SAID STATE. YOU AND PHI AGREE TO SUBMIT TO THE JURISDICTION OF THE COURTS AS PREVIOUSLY MENTIONED, AND AGREE TO WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER THE PARTIES BY SUCH COURTS AND TO VENUE IN SUCH COURTS.
WAIVER AND SEVERABILITY OF TERMS
AT ANY TIME, SHOULD PHI FAIL TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THE TOS, SUCH FAILURE SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION. IF ANY PROVISION OF THIS TOS IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID, THE PARTIES NEVERTHELESS AGREE THAT THE COURT SHOULD ENDEAVOR TO GIVE EFFECT TO THE PARTIES’ INTENTIONS AS REFLECTED IN THE PROVISION, AND THE OTHER PROVISIONS OF THE TOS REMAIN IN FULL FORCE AND EFFECT.
STATUTE OF LIMITATIONS
YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR ACTION ARISING OUT OF OR RELATED TO THE USE OF OUR SERVICES OR THE TOS MUST BE FILED WITHIN 1 YEAR(S) AFTER SAID CLAIM OR CAUSE OF ACTION AROSE OR SHALL BE FOREVER BARRED.
VIOLATIONS
Please report any and all violations of this TOS to PHI as follows:
Mailing Address:
Preventative Health Institute
806 E. Washington St.
Bloomington, IL 61701
Email: info@instituteofpreventativehealth.com