Welcome to the IHM Web site (the "Site"). Please review the following basic terms that govern your use of our Site. Your use of our Site constitutes your agreement to follow and be bound by these terms (the "Agreement").

Acceptable Use Policy
Users of our Site must comply with this Acceptable Use Policy. By using the Site, you agree to comply with this Policy and to indemnify IHM against any claims by third parties arising from your violation of this Policy. In general, you must exercise judgment and responsibility with respect to your use of our Site. You may only use the Site for lawful purposes and may not use the Site to harm others. Without limiting the generality of the foregoing, you may not:

• Use the Site in violation of any law or regulation governing IHM business or activities, including without limitation the laws and regulations governing unfair competition, false advertising, consumer protection, obscenity, spamming, and privacy.
  
  
• Use the Site in a manner that presents a security risk or that may interfere with the operation of the Site.
  
  
• Use the Site in a manner that infringes another's copyrights, patents, trademarks, service marks, trade names, trade secrets, or other intellectual property rights, or rights of publicity.
  
  
• Use the Site to engage in libel, defamation, harassment, misappropriation of trade secrets, intentional misrepresentation or fraud, or wrongful publication of private information.
  
  
• Post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, profane material, hate speech, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
  
  
• Introduce viruses, trojan horses, worms, or other computer programming routines that damage, interfere with, intercept, or expropriate any system, data, or personal information.
  
  
• Use the Site to gain illegal or unauthorized access to other computers or networks through hacking or other means.
  
  
• Assist or permit any person to engage in any of the activities described above.

Site Content
Unless otherwise noted, all Site Content, including images, illustrations, designs, icons, photographs, video clips, testimonials, menus, and other materials that appear as part of this Site, are copyrights, trademarks, and/or other intellectual property owned, controlled, or licensed by Institute for Health Maintenance (IHM) and/or its affiliates.

The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise or services from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

Comments, Feedback, Submissions
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to IHM on or by this Site shall be and remain IHM property. Thus, IHM will own exclusively all such rights, title, and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. IHM is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any Comments.

Communications from IHM to You
You agree that IHM may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any IHM or HMR products or services, or for such other purpose(s) as IHM deems appropriate.

Links to Other Sites
The Site may provide links to Web sites not operated by IHM. These links do not mean that IHM endorses, approves, or sponsors the linked site or any information, products, or services contained in such site, nor is IHM liable for any damage that might result from your use of such information, products, or services.

Disclaimer
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT IHM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

Inaccuracy Disclaimer
There may be information on our Site that contains typographical errors, inaccuracies, or omissions. We may correct errors, inaccuracies, or omissions and change or update information at any time without notice. We apologize for any inconvenience this may cause you.

General
We may change, move, or delete portions of, or may add to, our Site from time to time and without notice. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed.

Severability
If any provision of this agreement shall be 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.

No Waiver
A failure on the part of IHM to enforce any part of this agreement shall not constitute a waiver of any of IHM's rights under this agreement, whether for past or future actions on the part of any person. Only a specific written waiver signed by an authorized representative of IHM shall have legal effect.

Miscellaneous
Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting Institute for Health Management (IHM) and Health Management Resources (HMR) products and services available in the United States.

This Site is controlled and operated by IHM from its offices in San Diego, California. This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts located in San Diego County, California.

Revised 08/04.