These Terms of Use (“Terms”) govern your use of the ICEAM website (“Site”), videos, and other products and services (“Services”). By using ICEAM Services you agree to be bound by these Terms, including the policies referenced herein. As some of our Services may be in downloadable form for your computer, phone, tablet, or other device, by using our Services you also agree that we may automatically update any associated software, and that these Terms will apply to such updates. Please read these Terms carefully and contact us at info@iceam.org if you have any questions.
ICEAM reserves the right to change, modify, add or remove portions of these Terms and Conditions in its sole discretion at any time and without prior notice. Please check this page periodically for any modifications. Your continued use of this Site following the posting of any changes will mean that you have accepted the changes.
Medical Content:
The Content on the Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. If you think you may have a medical emergency, call your doctor or 911 immediately, or the local equivalent pertaining to your locale. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. Many statements made on the Site pertaining to the health benefits of, including but not limited to, “Chinese Medicine”, “Traditional Chinese Medicine”, “Canonical Chinese Medicine”, “Herbal Medicine”, “East Asian Medicine”, “Oriental Medicine”, “Classical Chinese Medicine”, etc, may not have been evaluated by the FDA or other governing bodies and should therefore never substitute conventional medical advice, diagnosis or treatment.
The Site does not recommend or urge the use of any herbal product. The use of any herbal product mentioned on the Site is completely at the discretion of the user in consideration of the legal rules and regulations governing their locale. Your use of the Site indemnifies ICEAM from any and all legal responsibilities resulting from the unlawful use of certain herbal products in the user locale.
The Site does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by ICEAM, Site contributors, Site users, and or others appearing on the Site at the invitation of the Site, or other visitors to the Site including but not limited to Forum Users, is solely at your own risk.
By using this website, you implicitly and explicitly agree to indemnify, defend and hold the Site, ICEAM and its directors, officers, shareholders, parents, subsidiaries, affiliates, agents and licensors harmless from and against any and all liability, losses, damages and costs, including, without limitation, reasonable attorneys’ fees, arising from your use of the Site or Content.
The Site may contain health- or medical-related materials that are anatomically or, within the parameters of medical observation, sexually explicit. If you find these materials offensive, you may not want to use our Site. The Site and the Content are provided on an “as is” basis.
The Site does not endorse any company, brand, or product line, either implicitly or explicitly unless otherwise noted.
As a service to our users, the Site features message boards, chat rooms and other public forums where users with similar interests or medical conditions can share information and support one another or where users can post questions for experts to answer. We may also offer online discussions moderated by medical or healthcare experts.
When discussing actual patient cases on the forum, every user agrees to be bound by the privacy stipulations for medical researchers created by the US Department of Health and Human Services National Institutes of Health. The HIPAA privacy rules will be enforced by Site and incompliant postings will be deleted. Repeated violations of the HIPAA rules will result in the permanent deletion of the User Account. For more information on what patient information to exclude during posting, please visit: http://privacyruleandresearch.nih.gov/pr_08.asp
Note that any information shared (including Personally Identifiable and Personal Health Information) that you reveal in a chat room, message board, or online discussion such as on the Site is by design open to the public and is not a private, secure service. You should think carefully before disclosing any Personally Identifiable or Personal Health Information of yourself in any public forum. What you have written may be seen, disclosed to or collected by third parties and may be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes.
Using ICEAM Products or Services:
You may use our Services only in compliance with these Terms and all applicable laws. When you create your ICEAM account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 13 is prohibited, and certain courses may have additional requirements and/or restrictions.
All content on this website and its services, including but not limited to the online courses, forum discussions, case study databases, online journals, articles, blog posts, etc, may include proprietary materials expressly belonging to Dr. Arnaud Versluys and ICEAM, LLC.
By using this website, you implicitly and explicitly agree that all information on this site or received trough its online training programs including, but not limited to, online video seminars, live seminars, discussion forums, case study databases, online journals, articles, blog posts, etc., is proprietary information and shall continue to be the exclusive property of Dr. Arnaud Versluys and ICEAM, LLC.
You irrevocably agree not to disclose the proprietary information, directly or indirectly, under any circumstances or by any means, to any third person without the express written consent of Dr. Arnaud Versluys and ICEAM, LLC.
You may use the proprietary information for your own personal practice, but shall not copy, transmit, teach, reproduce, summarize, quote, or make any commercial use whatsoever of proprietary information, with or without financial gain, without the express written consent of Dr. Arnaud Versluys and ICEAM, LLC.
For downloadable content, you may download said content from our Services only for your personal, non-commercial use, unless you obtain official, written permission from ICEAM to otherwise use the content.
You also agree that you will create, access, and/or use only one user account, and you will not share with any third party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.
Courses
Changes to courses
Unexpected events do occur. ICEAM reserves the right to cancel, interrupt, or reschedule any course or to modify any course content or the point value or weight of any assignment, quiz, or other assessment. Courses offered are subject to the Disclaimers and Limitation of Liability sections (listed below).
Cancellation Policy
Every course will clearly state the applicable Cancellation Policy pertaining to said course. All cancellation and refund related decisions will be subject to each such policy. In general, cancellation is allowed with full refund up to 90 days before the start of the relevant seminar or seminar series. Cancellation between 45 and 90 days prior to start will allow for 50% refund of tuition. There is no refund for cancellation within 45 days prior to the start of a seminar series. For hardship, an educational voucher in the form of a credit may be issued for later use. This will be reviewed on a case by case basis. Please contact your local organizer prior to registration to clarify their policy.
Academic Credit
ICEAM’s Canonical Chinese Medicine Training™ program courses are recognized and approved for continuing education and professional development credits in the USA, UK, Germany and other relevant locales. However, it is advisable to consult the credit-granting institution from which you wish to receive credit before registering for an ICEAM course to confirm its eligibility for credit. Unless explicitly indicated by a credit-granting institution, participation in or completion of ICEAM courses does not confer any other forms of academic credit. For CEU credits and in general, even if credit is awarded by one organization, there is no presumption that other organizations will accept that credit. ICEAM, the course instructors, and any other participating institutions have no obligation to have a course recognized by any educational institution or accreditation organization.
User Content
You have the ability to share content such as notes, posts you make in the forums, and the like (“User Content”) that is viewable by ICEAM instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you share.
How ICEAM and Others May Use User Content
To the extent that you provide User Content, you grant ICEAM a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. Nothing in these Terms shall restrict other legal rights ICEAM may have to User Content. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.
Feedback
We welcome your suggestions, ideas, comments, and other feedback regarding the Services (“Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, ICEAM does not waive any rights to use similar or related Feedback previously known to ICEAM, developed by its employees or contractors, or obtained from other sources.
Security
We implement industry-standard practices to protect the security of your account and related information. However, ICEAM cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing us at info@iceam.org.
Third Party Content
Through the Services, you may have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. ICEAM cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. ICEAM disclaims any responsibility or liability related to your access or use of such third party content.
Copyright and Trademark
All content on this site is copyright ICEAM, LLC. Canonical Chinese Medicine Training™, Diplomate of Canonical Chinese Medicine™. DCCM™, Fellow of the Institute of Canonical Chinese Medicine™ and FICEAM™ are trademarks exclusively used by The Institute of Classics in East Asian Medicine.
ICEAM respects the intellectual property rights of our users, participating institutions, and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the ICEAM Copyright and Trademark Policy (listed below) in accordance with applicable law, including the Digital Millennium Copyright Act.
Research
It is possible that records of your participation in courses may be used for educational research with the goal of improving our program. However, we will not publicly disclose your personal identity in relation to any research findings without your express consent.
Paid Services
ICEAM offers paid Services including but not limited to organizational membership, site membership, forum membership, case database use, journal subscription, online seminar enrollment, etc, for a fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and ICEAM reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy. (Listed below.)
Changes to Services
We may add or remove functions, features, or requirements, or suspend or stop Service/s. Accordingly, ICEAM may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. None of ICEAM, its participating institutions and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the “ICEAM Parties”) shall have any liability to you for any such action. In turn, you can stop using our Services at any time.
Disclaimers
The Services and all included content are provided on an “as is” basis without any warranty of any kind, whether express or implied. The ICEAM Parties specifically disclaim any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade. The ICEAM Parties further disclaim any and all liability related to your access or use of the Services or any related content. By using this site you acknowledge and agree that any access to our use of the Services or such content is at your own risk.
Limitation of Liability
To the maximum extent permitted by law, the ICEAM Parties shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from 1) your access to or use of or inability to access or use the Services; 1) any conduct or content of any party other than the applicable ICEAM party, including without limitation, any defamatory, offensive, or illegal conduct; or 3) unauthorized access, use, or alteration of your content or information. In no event shall ICEAM’s aggregate liability for all claims related to the Services exceed Twenty U.S. Dollars ($20) or the total amount of fees received by ICEAM from you for the use of paid Services during the past six months, whichever is greater.
By using this site you acknowledge and agree that the disclaimers and the limitations of liability set forth in this Terms of Use reflect a reasonable and fair allocation of risk between you and the ICEAM Parties. You further agree that any cause of action related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Indemnification
You agree to indemnify, defend, and hold harmless ICEAM from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Governing Law and Jurisdiction
The Services are managed by ICEAM, which is headquartered in Portland, Oregon. You agree that any dispute related to these Terms will be governed by the laws of the State of Oregon, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Multnomah County, Oregon, as the legal forum for any such dispute.
Excluding claims for injunctive or other equitable relief, for claims related to the Services where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either you or ICEAM may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution (ADR) provider, mutually agreed upon by you and ICEAM. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
General Terms
Our Right to Revise Terms
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future). If a particular provision of these Terms is determined to be not enforceable, this will not affect any other terms.
Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Acceptable Use Policy
These guidelines ensure that people understand and follow the rules when participating in our online community and otherwise using our Services.
Although we do not routinely screen or monitor content provided by users, we may remove or edit inappropriate content or activity reported to us or suspend, disable, or terminate a user’s access to all or part of the Services.
- All User Content must be original to you.
- Do not post or use any content that belongs to others. Your User Content should not contain any visible logos, phrases or trademarks or other third-party materials.
- User Content must be respectful of the opinions and comments of others. Harassing, trolling, stalking and personal attacks are prohibited. Your User Content may not threaten, abuse or harm others and may not include any negative comments including those referring or related to race, national origin, sexual preference or physical handicap or that slanderous, defamatory or pornographic.
- It is prohibited to use User Content for commercial or fund-raising purposes or to advertise or promote a product or service except those provided on the ICEAM site.
- Do not post User Content that is illegal or in violation of any law. We reserve the right to report such content to the proper governmental authorities.
- Do not post any User Content that portrays or incites violence of any kind.
- Do not post under a false identity.
- Do not post any User Content that is false, fraudulent, deceptive or misleading.
- Forum: User Content that you post on the Community Forum will be accessible and viewable by other users. We advise that you avoid posting detailed personal information such as full name, passwords, phone number, address, e-mail address or other personally identifiable information or contact information.
- Do not share the personal or contact information of others. Your User Content may not reveal another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
- Do not post any User Content that could contain malware, viruses, or anything that could damage the site or computers of other users.
- User Content may not contain any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
- Do not post User Content that otherwise violates the ICEAM Terms of Use. Please note that specific courses may have additional rules and requirements.
- Do not post User Content that violates local, state, national or international law.
- Do not post User Content that breaches any of your contractual obligations or fiduciary duties.
- Do not share your password, allow others to access your account, or otherwise put your account at risk.
- Do not attempt to access any other user’s account.
- Do not reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.
- Do not access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so.
- Do not break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
- It is prohibited to attempt to reverse engineer any portion of our Services or to interfere with any user, host, or network.
Copyright and Trademark Policy
Pursuant to the Digital Millennium Copyright Act of 1998 (available at http://www.copyright.gov/legislation/dmca.pdf ) and any and all further applicable laws and guidelines, ICEAM reserves the right to suspend, disable, or terminate the accounts of users who post User Content that infringes on the copyrights, trademarks, or other intellectual property rights of others.
ICEAM Refund Policy
Refunds are in many cases available, as outlined below. Please note that if you are determined to be in violation of the ICEAM Honor Code or ICEAM Terms of Use, any refund you might otherwise be entitled to becomes forfeit. Your use of this Site certifies your agreement to below cancellation policies:
For Live Seminars Hosted by ICEAM, LLC
Online or written registration documentation will clearly list relevant cancellation policies for said seminar. If a cancellation occurs outside of the refund parameter as listed on said registration documentation, then no partial or complete refund will be made to student. However, when the student can demonstrate, beyond doubt, force majeure, then said cancellation will handled on a case-by-case basis. In such cases, cancellation and/or decisions will be at the sole discretion of ICEAM. ICEAM may or may not agree to full or partial refund, either as money or by use of a credit voucher redeemable for future seminars.
For Live Courses Not Hosted by ICEAM, LLC (Licensee)
For seminars registered through the ICEAM website, but in effect hosted by an ICEAM subcontractor, collaborator or licensee, hereafter referred to as ‘Licensee’, ICEAM shall not be responsible for any cancellation related matters and such matters shall need to be resolved with the relevant License per their proper cancellation policy relevant to their specific locale and situation.
The Licensees currently licensed by ICEAM, LLC to offer its courses are:
- Health Traditions, LLC, doing business as ‘Chicago ICEAM’, ‘San Diego ICEAM’ and ‘Los Angeles ICEAM’
- Qing Bai Academie, doing business as ‘Amsterdam ICEAM’
- ABZ-Mitte, doing business as ‘Frankfurt ICEAM’
- Tomo Trójmiejski Ośrodek Medycyny Orientalnej doing business as ‘Gdansk ICEAM’
- Staats Holdings PTY LTD & Staats Holdings Service Trust, doing business as ‘Sydney ICEAM’
- Laurie Ayres, doing business as ‘London ICEAM’
- Akupunkturakademin, doing business as ‘Stockholm ICEAM’
Except as otherwise explicitly stated by ICEAM, the third party marketplace will be solely responsible for making refunds under its refund policy, and ICEAM will have no refund obligations. ICEAM disclaims any responsibility or liability related to any third party marketplace’s refund policy or the third party’s compliance or noncompliance with such policy.
For Other Paid Online Services
Except as described in this Refund Policy or as explicitly stated as part of the sign-up process for a Service, ICEAM has no obligation to provide refunds or vouchers for any other Services.
Honor Code:
By using the Services of this site and/or attending live seminars, students participating in ICEAM courses explicitly and implicitly agree to abide by the following code of conduct:
- I will register for only one account.
- My answers to homework, quizzes, exams, projects, and other assignments will be my own work (except for assignments that explicitly permit collaboration).
- I will not make solutions to homework, quizzes, exams, projects, and other assignments available to anyone else (except to the extent an assignment explicitly permits sharing solutions). This includes both solutions written by me, as well as any solutions provided by the course staff or others.
- I will not engage in any other activities that will dishonestly improve my results or dishonestly improve or hurt the results of others.
Effective as of July 31, 2015