Informed Health Technologies

Terms and Conditions of Use

The following terms constitute an agreement between You and Informed Health Technologies, Inc. ("IHT"), the operator of informedht.com, and any of our other mobile or web services, applications, application programming interfaces, or platforms that we make generally available to public visitors and our Members (the "Service"). This agreement governs Your use of the Service, both as a casual visitor and as a registered Member as described below.

By accessing or using the Service, You agree to be bound by the terms of this Agreement. To the extent You register for the Service as a Member, then in addition to the terms that are applicable to all users of the Service, the terms that apply only to Members shall also apply to You. "You" and "Your" mean and refer to the person(s) or legal entity (whether the company, organization, educational institution, or governmental agency, instrumentality, or department) that has accepted this Agreement under its own account, whether as a Member or as a visitor, and that is using the IHT Service or otherwise exercising rights under this Agreement.

Membership Eligibility

To become a Member and access the Service features reserved for Members (the "Member Services"), IHT requires that You are either (a) a live human being ("Person") acting on your own to obtain Your health data and manage this data, (b) a parent or legal guardian acting for such a Person who is under 18 years of age or is incapacitated, (c) a caregiver for such a Person, or (d) a health care professional (e.g. doctor, nurse, health researcher, etc.).

Person's under the age of 13 are prohibited from registering as Members. By registering as a Member, You represent that You are no less than 13 years of age.

This Service Does Not Provide Medical Advice

All of the material provided for the Service, including, but not limited to: text, treatments, dosages, outcomes, charts, patient profiles, graphics, photographs, images, advice, messages, and any other material provided by the Service are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding Your health. Never disregard professional medical advice or delay seeking it because of something You have read from this Service.

If You think You may have a medical emergency, call Your doctor or 911 immediately. IHT does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned by the Service. Reliance on any information provided by IHT, by persons appearing within the Service at the invitation of IHT, or by other Members is solely at Your own discretion and risk.

Acceptable and Lawful Use of Services

Members and visitors shall not post or upload any information or other content to the Service that (a) is false, inaccurate or misleading; (b) is obscene or indecent; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) is defamatory, libelous, threatening, abusive, hateful, or contains pornography. Members shall not interfere with other Persons’ use and enjoyment of the Service (for example, by harassing, threatening, soliciting, overly promoting personal interests, or stalking another participant in any manner). Persons may not use the Service to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.

All Members represent and warrant that the information they provided when registering as a Member, and all information that they subsequently provide regarding themselves and their membership, is true and accurate and not misleading. Any payment information provided is lawfully the Member's and not fruadulently obtained.

No Interference with Operation of the Service

You may not use any robot, spider, scraper, or any other automated means to access the Service or content or services provided by the Service for any purpose. You may not post content to the Service that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the Service unavailable through denial-of-service attacks or similar means. You shall not use contact information provided by Members, or collect information about our Members, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others to use Your membership account to take such actions.

Privacy

You agree that You have read, understood and accept IHT's Privacy Policy. This policy explains IHT's collection of personal and non-personal information from You when using the Service and its use of and sharing of such personal and non-personal information.

Digital Millennium Copyright Act

If You are a copyright owner or an agent thereof and believe that any content in this Service infringes upon Your copyright, You may submit a written notification pursuant to the Digital Millennium Copyright Act ("DMCA") (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works used by our Service; (iii) a description of where the Service displays the allegedly infringing material(s); (iv) Your address, telephone number, and email address; (v) a written statement that You have a good faith belief that use of the material(s) in the manner described is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

IHT’s designated Copyright Agent for notice of claims of infringement is:
business@informedht.com
Subject: Notice of claims of infringement

Only notices of alleged copyright infringement should go to the Copyright Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to IHT at support@informedht.com. You acknowledge that if You fail to comply with all of the notice requirements of the DMCA, Your notice may not be valid.

Member Password and Login Identity

You are responsible for maintaining the confidentiality of Your Member password and login, and are fully responsible for all activities that occur under Your password or account with or without Your knowledge. If You knowingly provide Your login and password information to another person, You are fully responsible for all consequences resulting therefrom. You are explicitly advised never to share your login information with any Person. If you wish to share you data with other Persons, we encourage you to consider alternate methods, such as the existing secure HubConnect feature. You agree to immediately notify IHT of any unauthorized use of Your membership password or login or any other breach of security.

Platform Use License

IHT hereby grants You a non-exclusive, non-transferable, worldwide right to access and use the Service, solely with supported browsers through the Internet for Your own uses, subject to these Terms of Service. You may not enable or permit these IHT services to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant You any right to transfer or assign rights to access or use any IHT services. All rights not expressly granted to You are reserved by IHT and its licensors. You further acknowledge and agree that, as between the parties, IHT owns all right, title, and interest in and to the IHT platform and all IHT services, whether or not part of the platform, including all intellectual property rights therein.

Links to Other Websites

IHT may contain links to other websites that are not under the control of IHT. The inclusion of any link does not imply endorsement by IHT of such site and IHT is not responsible for the content of such linked sites.

Membership Termination

You agree that IHT may, with or without cause, immediately terminate Your IHT membership or limit or terminate Your access to the Member Services or the Service without prior notice. Without limiting the foregoing, the following may lead to a termination by IHT of a Member's membership and use of the Service: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by You (self-initiated membership cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. IHT has no obligation to maintain, store, or transfer to You information or data that You have posted on or uploaded to the Service, however, IHT may, in its sole discretion, enable a data download capability.

Modifications to this Agreement

IHT reserves the right to modify this Agreement at any time, and without prior notice, by posting amended terms about this Service. IHT encourages You to review this Agreement periodically for any updates or changes, which will include an update effective date. IHT will make a reasonable attempt to inform You, by HubMail or alternate means, chosen in our sole discretion, of major changes to this Agreement, such as addition of new sections or deletion of existing protections.

Fees

IHT currently provides access to Member Services for a fee. Currently, there is a one-time fee for caregivers. This fee supports efforts to validate the caregiver's identity. There is a monthly fee for Persons who wish to benefit from the multitude of services offered to support a Person's health needs. Caregiver access enables Persons to input their own health data for self-management and are able to gain access to an unlimited number of Persons whom the caregiver is supporting. Caregiver access does not have the capability to retrieve health data from other entities or devices. IHT currently accepts third-party payment for any Member class.

Disclaimer of Warranties

The Service and the content and services made available by the Service are provided on an "as is" and "as available" basis. IHT does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to the Service, the Service content, or any advice or services provided through the Service to the extent permitted by law. IHT does not warrant that access to the Service or its content or services will be uninterrupted or error-free or that defects in the Service will be corrected. The advice, recommendations, information, and conclusions shared in any medium by other Members of the Service, if any, are not in any way vetted, approved or endorsed by IHT, and You use such information at Your own discretion and risk.

Limitation of Liability

Under no circumstances shall IHT, its partners, contributors, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, or consequential damages (even if it has been advised of the possibility of such damages) due to Your use of this Service or due to Your reliance on any of the content contained or the services provided by the Service.

Indemnification

You agree to indemnify and hold harmless IHT, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, Your violation of this Agreement.

International Users

IHT makes no claims that information provided by the Service is appropriate or may be downloaded outside of the United States. Personal information ("Information") that is submitted to this Service will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our Privacy Policy. Information may be stored on servers located outside Your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with Your Information, You acknowledge that You consent to the transfer of such Information outside Your resident jurisdiction as detailed in our Privacy Policy. If You do not consent to such transfer, You may not use this Service.

Member Notices

If You register as a Member, You agree that IHT may send notices to You by text, HubMail or by email at the email address You provide when registering to become a Member (or which You later update using the functionality of the Service).

Governing Law and Venue

This agreement shall be governed by the laws of the State of California and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with membership in or use of the Service, shall be litigated exclusively in the state and federal courts residing in the State of California, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the State of California.

Miscellaneous Terms

IHT and the IHT logo are property of IHT. You agree not to display or use these trademarks in any manner without IHT's prior, written permission. IHT may assign this agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this agreement. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect. For any questions or comments, or to report violations of this agreement, let us know, or contact us at:
business@informedht.com
Subject: User agreement Issues


History of Updates/Changes to Terms and Conditions of Use:
Posted 23 December 2019


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