Last Modified: 16 October 2020
Acceptance of the Terms of Use
These terms of use are entered into by and between You and Informed Health Technologies, Inc. ("Company," “IHT”, "we," “our” or "us"). The following terms and conditions ( "Terms of Use") govern your access to and use of informedht.com, including any content, functionality, and services offered on or through informedht.com, including and subdirectories or subdomains, (the "Website") or any products or services we provide, whether or not through the Website (“Services”), whether as a guest or as a Member.
Please read these Terms of Use carefully before you start to use the Services or the Website. By using the Services or the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at informedht.com, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services or the Website.
By using the Services or the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services or the Website.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services and the Website thereafter.
Your continued use of the Services or the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website or all or some of the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all Services and parts or all of the Website to users, including Members. When feasible, Members will be notified in advance of planned changes in or availability of the Services or the Website, but this will not always be within our control to provide.
·.Making all arrangements necessary for you to have access to the Services or the Website.
·.Ensuring that all persons who access the Services or the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Services or the Website, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services or the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register as a Member for this Website, our Services, or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Services, this Website or portions of it using your user name, password, or other security information. You may give others access to your data by connecting your account to theirs, so we do not permit you to share usernames, passwords, or other confidential authentication information. The value of the Services depends on you not sharing this information, so sharing this confidential authentication information is explicitly prohibited. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. If we disable your account, we will retain your data as specified in our Privacy Policy. If you remedy the reason we disabled your account, we may, in our sole discretion, reenable your account.
The Services, the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
·.Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
·.You may store files that are automatically cached by your Web browser for display enhancement purposes.
·.You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
·.If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
·.If we provide social media features with certain content, you may take such actions as are enabled by such features.
·.If we make downloads of your data available to you, this is your data to manage as you wish. Similarly, you may copy data in your Member account that is data about you without restriction.
·.Modify copies of any materials from this site.
·.Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
·.Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Services or the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to the Services or any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services or Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The Company name, the terms Medical Hub®, Be Well Informed®, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You may use the Services or Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
·.In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
·.For the purpose of exploiting, harming, or attempting to exploit or harm minors, seniors, or anyone else in any way by exposing them to inappropriate content, or otherwise.
·.To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
·.To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
·.To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
·.To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services or the Website, or which, as determined by us, may harm the Company or users of the Services or the Website, or expose them to liability.
Additionally, you agree not to:
·.Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services or the Website, including their ability to engage in real time activities through the Website.
·.Use any robot, spider, or other automatic device, process, or means to access the Services or the Website for any purpose, including monitoring or copying any of the material on the Website or provided by the Services.
·.Use any manual process to monitor or copy any of the material on the Website or available through the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
·.Use any device, software, or routine that interferes with the proper working of the Services or the Website.
·.Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
·.Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services or the Website, the server on which the Services or the Website are stored, or any server, computer, or database connected to used by the Services or the Website.
·.Attack the Services or the Website via a denial-of-service attack or a distributed denial-of-service attack.
·.Otherwise attempt to interfere with the proper working of the Services or the Website.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that:
·.You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors, and assigns.
·.All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website or the Services.
Monitoring and Enforcement; Termination
·.Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
·.Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the Website or the public, or could create liability for the Company.
·.Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, if legally required to do so. However, we will notify you in advance of this disclosure if we are reasonably able to do so.
·.Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services or the Website.
·.Terminate or suspend your access to all or part of the Services or the Website for any violation of these Terms of Use or for other reasons, including but not limited to nonpayment of any fees due.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review any material before it is posted to the Services or on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
·.Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
·.Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
·.Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
·.Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
·.Be likely to deceive any person.
·.Promote any illegal activity, or advocate, promote, or assist any unlawful act.
·.Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
·.Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
·.Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
·.Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement that includes the following:
•Your name,
•Your company name, when applicable,
•Your relationship, title, and authority in your company
•Evidence of your copyright,
•and any additional supporting information that will allow us to adjudicate your claim.
Your copyright infringement notice may be sent to us by U.S. mail at our corporate address or by email to legal@informedht.com. Your notice is not received by us unless the U.S. Postal Service documents delivery or we confirm receipt of your email.
It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Services or the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services or the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided explicitly by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Services or the Website
We may modify the Services or update the content on this Website from time to time, but such changes may not necessarily be complete or up-to-date at any given point in time. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. Any changes to the Services may be incomplete at the time of use.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Online Purchases and Other Terms and Conditions
All purchases through the Services or the Website or other transactions for the sale of goods, services, or information formed through the Services or the Website, or resulting from visits made by you, are governed by our Terms of Sale.
Terms of Sale
All sales of products or services sold on or through the Services or the Website are final. Credit for products returned may be offered at our sole discretion in unusual circumstances subject to reductions for any costs associated with the return and only in the event of material product issues. Credit toward a higher level of service may be offered for one month in a transition to an annual fee or for one year in a transition to a lifetime fee. Credit not used within 36 months of issuance will expire worthless. The expiration date may be extended in our sole discretion for unusual circumstances. Credit is not transferable from one party to another and is not heritable.
Additional terms and conditions may also apply to specific portions, services, or features of the Services or the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
This Website may provide certain social media features that enable you to:
·.Link from your own or certain third-party websites to certain content on this Website.
·.Send emails or other communications with certain content, or links to certain content, on this Website.
·.Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
If we provide these features, you may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
·.Establish a link from any website that is not owned by you or that explicitly permits you to create such links.
·.Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
·.Link to any part of the Website other than the homepage.
·.Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our sole discretion.
Links from the Services or the Website
If the Services or the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party website that may be linked from our Services or our Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
IHT is based in the State of California in the United States. We provide our Services and our Website for use only by persons located in the United States. We make no claims that the Services, the Website, or any of its content is accessible or appropriate outside of the United States. Access to the Services or the Website may not be legal by certain persons or in certain countries. If you access the Services or the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Members
Individuals may become Owners of a Medical Hub®. Entities that are not individuals, including but not limited to corporations or partnerships, may purchase credits for one or more Medical Hubs®, but are prohibited from becoming Medical Hub® Owners. A Medical Hub® Owner has either purchased a Medical Hub® by subscription or by payment of a onetime fee, or has received a Medical Hub® as a gift or credit paid by a purchaser other than themselves. An Owner may retain their Medical Hub® until their death without further payment for as long as the Company is operating and provides the Medical Hub® service. An Owner may lose their Medical Hub® or have its use restricted by violating these Terms of Service (see Accessing the Website and Account Security). Services available to the Owner will vary according to the pricing policy in effect at any given time. Some Services, including but not limited to connection to digital clinical records, may only be available with payment of subscription fees. Every Medical Hub® Owner is a Member of the IHT community. (See our Privacy Policy for more detail about how your personal data is managed.)
You understand that we cannot and do not guarantee or warrant that material available for downloading from the internet, the Services, or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED THEREON, OR ON ANY LINKED WEBSITE.
YOUR USE OF THE SERVICES OR THE WEBSITE IS AT YOUR OWN RISK. THE SERVICES AND THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES OR THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, THE WEBSITE, ANY WEBSITES LINKED TO IT OR THE SERVICES, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Services or the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services or Website.
Governing Law and Jurisdiction
All matters relating to the Services, the Website, and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Services or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Informed Health Technologies, Inc. regarding the Services and the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. However, users of the Website and Members of the Services who have additional relationships with IHT will have additional agreements that complement these Terms of Use.
The Website and Services are operated by Informed Health Technologies, Inc. 720 Court Street, #884, Woodland, CA 95776
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Services or the Website should be directed to: service@informedht.com.