Terms and Conditions

TERMS OF USE

 

Updated and effective as of May 3, 2017

 

IF THIS IS A MEDICAL EMERGENCY OR A CRISIS SITUATION, DIAL 911 IMMEDIATELY FOR ASSISTANCE, OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM. USE OF OUR SITE SERVICES IS NOT APPROPRIATE FOR EMERGENCIES.

 

INTRODUCTION

 

iACHE LLC and its affiliates and subsidiaries (collectively, the “Company,” “we,” “us,” or “our”) operate the website located at www.ihealth.team and other related websites, mobile applications, offerings, and services (including any software provided to you that allows you to access such websites and mobile applications from a computer or mobile device) with links to these Terms of Use (collectively, the “Site”).

 

By accessing, viewing, or using the Site, including by signing up or registering for an account, you agree to be bound by these Terms of Use and to all other terms and policies that appear on the Site. If you are a Provider (as defined below), you are also subject to, and you agree to be bound by, the Provider Terms, which are set forth below and incorporated herein. If you are a Patient (as defined below), you are also subject to, and you agree to be bound by, the Patient Terms, which are set forth below and incorporated herein. In case of any conflict between these Terms of Use and the additional Provider Terms, or the additional Patient Terms, as the case may be, the Provider Terms or the Patient Terms, as applicable, will govern.

 

These Terms of Use are a legal contract between the Company and you. If you do not wish to be bound by any of these Terms of Use, you may not use the Site or the Site Services (as defined below). Acceptance by you of these Terms of Use and agreement to be bound hereby is expressly conditioned upon your assent to all of the terms and conditions in these Terms of Use.

 

PRIVACY POLICY

 

The Company respects the privacy of its users, Patients, and Providers. Please refer to the Company’s Privacy Policy (available at www.ihealth.team/privacy-policy), which explains how we collect, use, and disclose information that pertains to your privacy. When you access the Site or use the Site Services, you signify your agreement to this Privacy Policy, which is incorporated herein by reference. Any personal information submitted in connection with your use of the Site or the Site Services is subject to our Privacy Policy.

 

DEFINITIONS

 

Capitalized terms used in these Terms of Use have the meanings assigned to such terms in the text of these Terms of Use or as set forth below:

 

“Allied Professional” means a health and wellness professional, coach, advisor, counselor, expert, or other practitioner other than a Licensed Healthcare Provider, who is not licensed under the laws and regulations of any State or Territory of the United States to practice medicine or to provide medical or healthcare services.

 

“Covered Entity” has the meaning assigned to it under HIPAA.

 

“HIPAA” means the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. 1320d et seq., as the same has been and may be amended from time to time (including, without limitation, those amendments effected by the Health Information Technology for Economic and Clinical Health Act, Title XIII of the American Recovery and Reinvestment Act of 2009), together with all regulations promulgated thereunder, as the same have been and may be amended from time to time.

 

“Licensed Healthcare Provider” means a physician, doctor of medicine, medical professional or healthcare professional who is licensed or certified by the applicable board or governing authority to provide certain medical or healthcare services consistent with such license or certification, or to practice medicine, under the laws and regulations of a State or Territory of the United States.

 

“Patient” means any person other than a Provider who registers for a Patient account with the Site for the purpose of communicating with or engaging one or more Providers for consultation, treatment, or other Provider Services through the Site or the Site Services.

 

“Protected Health Information” or “PHI” has the meaning assigned to it under HIPAA.

 

“Provider” means an Allied Professional or a Licensed Healthcare Provider who uses the Site and the Site Services to communicate with Patients and/or to provide Provider Services to Patients, or who registers for a Provider account with the Site with the intent to provide such Provider Services to Patients using the Site Services.

 

“Site Services” means the proprietary system, Site, mobile applications, products, offerings, and services (including online telehealth services and any interface from the Site to any other service or software utilized by users, Patients, or Providers), owned and operated by the Company that enables Patients to interact with Providers via web-based or mobile technology, secure messaging, secure data storage, task assignments, secure document exchange, and secure video conferencing, together with all associated support services provided with respect thereto by the Company.

 

“user” means any person who views, accesses, or uses the Site in any way, whether or not such person registers for a Patient account or a Provider account.

 

Use of any single word or phrase or combination of words or phrases in these Terms of Use that is included in any list or series of words, phrases, and terms used elsewhere in these Terms of Use shall include and be deemed to refer to all such words, phrases, and terms in such list or series, unless expressly stated otherwise. For example, reference herein to “medical, health and/or wellness, and/or other telehealth services, advice, instructions, treatment, diagnoses, procedures, and/or other information, and/or any Provider Services” may be made by the use of such list of words and terms, or by the use of any one of them (e.g., “advice”) or any combination of any of them (e.g., “advice, treatment, and information”).

 

ABOUT THE SITE SERVICES

 

The Site Services we offer enable Patients to report their health history, conditions, symptoms, records, and health-related requests and to engage and communicate with one or more Providers to obtain online or mobile medical, healthcare, and wellness services known generally as telehealth services (the “Provider Services”) through the Site, including through the use of secure messaging, secure data storage, secure document exchange, task assignments, secure video conferencing, and other Site Services.

 

The Site Services include, without limitation, facilitating and hosting Provider Services and supporting materials, facilitating payment for Provider Services by Patients via third party applications such as Stripe, and taking feedback from Patients. The Company may modify the Site Services or discontinue their availability at any time.

 

You are solely responsible for all service, telephony, data charges, and/or other fees and costs associated with your access to and use of the Site and the Site Services, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.

 

All of your use, access, and other activities relating to the Site Services must be in compliance with all applicable laws and regulations, including, without limitation, laws relating to copyright and other intellectual property use, laws relating to privacy and personal identity, and laws relating to the provision or access of health and wellness services and telehealth services. Further, access to the Site Services from territories where their contents are illegal is prohibited. Those who choose to access or use the Site Services from locations outside of the United States do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, privacy, or telehealth services.

 

GENERAL DISCLAIMERS REGARDING THE SITE SERVICES

 

We are not a medical service provider, health insurance company, or licensed to sell health insurance. You acknowledge and agree that (a) neither we nor the Site Services are engaged in the practice of medicine, (b) neither we nor the Site Services provide any medical, health and wellness, or other telehealth services, advice, instructions, treatment, diagnoses, procedures, or other information, or any Provider Services, and (c) the Site is strictly a technology platform and infrastructure for connecting Patients with independent Providers. You acknowledge and agree that the Providers using the Site and the Site Services are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical, health and wellness, and other telehealth services, advice, instructions, treatment, diagnoses, procedures, and other information, and any Provider Services, and that all such health and wellness services and Provider Services will be provided and performed exclusively by Providers, in their sole discretion, as they deem appropriate, without involvement, oversight, monitoring, interference, responsibility, or liability from, of, or by the Company.

 

All of the Providers who deliver or may deliver Provider Services through the Site are independent professionals and practitioners and are not affiliated in any respect with the Company. We do not hire or employ Providers nor are we responsible or liable for any interactions between Patients and Providers who offer or provide Provider Services via the Site and the Site Services. Each Provider is solely responsible for maintaining and ensuring his or her compliance with all requirements applicable to his or her licenses, certifications, and/or profession as well as all applicable laws and regulations applicable to them or the Provider Services they offer or provide. Neither the Company nor any third parties who promote the Site or the Site Services or provide you with a link to the Site shall be liable for any professional, medical, health and wellness, or other advice, instructions, treatment, diagnoses, or other information you obtain from a Provider through use of the Site Services. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of Patients or Providers, including, but not limited to, any Patient’s reliance upon any information provided by a Provider.

 

To the extent any medical, health and wellness, or other telehealth services, advice, instructions, treatment, diagnoses, procedures, or other information, or any Provider Services are provided to you by a Provider through the Site Services, such medical, health and wellness services are based on your personal health data as provided by you to the Provider and the local standards of care for your presenting symptoms based on the information you provide. None of the Content (as defined below) on the Site constitutes a representation or warranty by the Company that any particular treatment or therapy is safe, appropriate, or effective for you. The Company makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of any advice, diagnosis, treatment, or information transmitted through the Site or the Site Services. Further, a Provider’s ability to use the Site and the Site Services is not an endorsement or recommendation of that Provider by the Company. The Company makes no representations or warranties whatsoever, express or implied, regarding the accuracy, status, validity, truthfulness, or completeness of any credentials, titles, degrees, specialization, practice, education, training, biographical information, geographical information, licensing information, certifications, history, experience, expertise, or any other information provided by any Provider and/or displayed on or transmitted through the Site or the Site Services. Any such information about any Provider displayed on the Site or transmitted through the Site Services by us, including, without limitation, any labels or information about a Provider’s licenses or certifications, or his or her status as a Licensed Healthcare Provider or Allied Professional, is based solely on information provided to us by such Provider, and we do not independently confirm any such information.

 

THE COMPANY SPECIFICALLY DISCLAIMS ALL LIABILITY FOR THE ACTS OR OMISSIONS OF ANY PROVIDER OFFERING OR PROVIDING PROVIDER SERVICES, INCLUDING ANY MEDICAL, HEALTHCARE, OR WELLNESS ADVICE, TREATMENT, DIAGNOSIS, OR INFORMATION, THROUGH THE SITE OR BY WAY OF THE SITE SERVICES.

 

PATIENT TERMS

 

The following provisions are specifically applicable to Patients as additional terms of these Terms of Use. If you are a Patient using the Site and the Site Services, you accept responsibility for yourself in the use of the Site Services, and for any personal information you chose to provide and/or share with any Provider. You acknowledge that your relationship for healthcare services is with your healthcare provider, and your obtaining Provider Services from any Provider is solely at your own risk and you assume full responsibility for all risk associated therewith, to the extent permitted by law. By using the Site Services, you agree not to hold the Company liable in any way, and you agree to hold the Company harmless, for any malpractice, tort, substandard treatment, or violation of law, regulations, or ethical standards committed by any Provider, or for any claims whatsoever involving licensure matters, privacy violations, or the unauthorized practice of medicine. You are solely responsible for confirming that your Providers are fully licensed, certified, or otherwise legally authorized to provide the Provider Services you elect to receive from such Providers through the Site and the Site Services.

 

The Site contains and displays information about each Provider, including whether such Provider is a Licensed Healthcare Provider (referred to on the Site as a “Licensed Provider”) or an Allied Professional, information about healthcare or medical licenses and certifications held by such Provider, the State or Territory in which such Provider is licensed to practice, and the scope of such licenses or other certifications, and about the credentials, titles, degrees, specialization, practice, education, training, biographical information, geographical information, history, experience, and expertise of such Provider. However, any such information whatsoever that is displayed on the Site about any Provider or transmitted through the Site Services is based solely on information provided by such Provider and is not independently verified by the Company. We do not confirm the credentials, licenses, or any other information provided by Providers using our Site Services, and we do not validate whether or not any Provider is licensed and in good standing with his or her respective licensure board(s) or authorities, if any. It is the Patient’s responsibility to separately confirm that a Provider is licensed and in good standing with his or her respective licensing board(s) or authorities, if any. The Company disclaims all liability with respect to such information, including with respect to the accuracy, status, truthfulness, or completeness thereof.

 

As a Patient using the Site and the Site Services, you acknowledge, agree to, and understand, and give your informed consent to the following, in addition to the other terms and conditions of these Terms of Use (other than the additional Provider Terms):

 

(1)        You are using, registering with, or subscribing to the Site and the Site Services to facilitate the delivery of Provider Services from Providers who have agreed to provide such Provider Services through the Site and the Site Services, and that such Provider Services are provided at the sole discretion and medical or professional judgment of the Providers without any involvement whatsoever by the Company (other than to provide the Site Services to facilitate such Provider Services and communications with Providers).

 

(2)        The Provider Services involve telehealth services and the delivery of healthcare and wellness services using interactive audio and video technology, where the patient and the healthcare professional are not in the same physical location. During your telehealth consultation with a Provider, details of your health history and personal health information and records may, at your discretion and election, be discussed with you or shared or disclosed by you through the use of interactive video, audio, and other telecommunications technology, and your Provider may perform a physical examination through these technologies.

 

(3)        There are potential risks associated with the use of telehealth services, including the Provider Services. These risks include, but are not limited to the following:

 

  • In rare cases, information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate healthcare or wellness decisions to be made by the Provider;

 

  • Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication, and these other means of communication may not be secure;

 

  • In rare cases, a lack of access to your health records may result in adverse drug interactions or allergic reactions or other judgment errors;

 

  • Although the electronic systems we use as part of the Site Services incorporate network and software security protocols to protect the privacy and security of health information, including PHI, in rare instances, security protocols could fail, causing a breach of privacy of personal health information or PHI.

 

(4)         You confirm that you are physically located in the State or Territory of the United States in which you are requesting the Provider Services, and you acknowledge that the Providers you communicate with and/or engage for the provision of Provider Services may not be licensed in the State or Territory in which you are requesting the Provider Services, or at all, and may be unable to lawfully provide you with Provider Services in the State or Territory in which you are located.

 

(5)         The Provider Services may not be reimbursable by Medicare, Medicaid, Tricare, or any other government health care program.

 

(6)         The Provider Services may not be reimbursable by commercial insurers, managed care organizations, preferred provider organizations, or other payors and you will not seek reimbursement from any such payors for the cost of use of the Provider Services where prohibited or otherwise not permitted by such payors.

 

(7)         You are at least 18 years of age or you are accompanied by a parent or guardian who can give informed consent on your behalf at the time of receiving any Provider Services.

 

(8)         The Site Services allow you to share your personal health information, records, symptoms, treatment requests, questions, tasks, and other personal information, including PHI, with Providers on the Site. You acknowledge that you must affirmatively elect to share any such information with any Provider by using functionality provided on the Site (or by disclosing of your own accord such information in writing, via electronic messaging, or orally during video conferencing or teleconferencing) that allows you to select which Providers have access to your information. The Company will never share your PHI or any other personal health information with any Provider without your consent and your affirmative election using such Site functionality to share such information with a particular Provider. The Company is not responsible for any election you make using the applicable Site functionality to share PHI or other personal health information with any Provider, or to provide any Provider with access to your medical records. You are solely responsible for any elections you make on the Site using Site functionality to share your PHI or personal health information with any Provider, or any other communication you make (e.g., by written message or orally during video conferencing) to any Provider of your PHI or personal health information.

 

PROVIDER TERMS

 

The following provisions are specifically applicable to Providers as additional terms of these Terms of Use. As a Provider using the Site and the Site Services, you acknowledge, agree to, and understand the following, in addition to the other terms and conditions of these Terms of Use (other than the additional Patient Terms).

 

As a Provider, you accept responsibility for your Patients on the Site as well as yourself in the use of the Site Services. You are also responsible for the quality of the Provider Services you provide during your use of the Site Services and for complying with all applicable laws, regulations, and ethical standards in connection with your use of the Site Services. For example, you are responsible for obtaining any and all federal, state and local licenses and certifications which may be required to practice your profession when using the Site Services, and for maintaining malpractice and liability insurance in compliance with regulatory and local requirements.

 

You are also responsible for obtaining patient consent if required by law and complying with any and all privacy laws applicable to the use of the Site Services with your Patients, including HIPAA. The Company has established commercially reasonable safeguards and procedures to protect the security of Patient information and PHI, but you must also take steps to protect your privacy and the privacy and confidentiality of your Patients.

 

We make no representations regarding your ability to bill third party payors for the Provider Services you provide using the Site. You are responsible for complying with all laws in billing for the Provider Services you provide. You are solely responsible for all billings and collections from Patients. The Company shall have no liability whatsoever to you with respect to any amounts owed to you by any Patient, or any amounts that you bill or invoice to any Patient, regardless of whether you use the Site Services, including third party applications such as Stripe, to bill or invoice or collect payments from Patients.

 

As a Provider using the Site, you are liable for the accuracy, truthfulness, and completeness of the information that you provide to us and that is hosted on the Site, or any information you transmit through the Site Services, including any information you provide about your credentials, titles, degrees, specialization, practice, education, training, biographical information, geographical information, licensing information, certifications, history, experience, expertise, or any other information you provide. You hereby represent and warrant that you are duly authorized to enter into these Terms of Use, expressly including these additional Provider Terms, and any applicable BAA (as defined below) that you may be required to enter into with us or with any other Provider, together with any associated agreements or documents, including those that the Company may, in its sole and absolute discretion, determine are necessary for it to provide the Site Services to you, that you have fully completed and delivered to the Company all information required to be provided by Providers upon registration with the Site, and that all information contained therein is accurate, truthful, and complete and not misleading.

 

You are solely responsible for all of the Submitted Content (as defined below) and information that you transmit, provide, or upload to the Site or through the Site Services, and the Company may hold you responsible for such Submitted Content and information in its sole and absolute discretion.

 

By using the Site Services, you agree that the Company shall not be responsible or liable for: (a) any Content, information, instruction, recommendation, prescription, treatment, diagnosis, advice, or any other Provider Services provided to any Patient by you; (b) any person’s reliance on any such Content, information, instruction, recommendation, prescription, treatment, diagnosis, advice, or any other Provider Services, whether or not correct, current, and complete; or (c) the consequences of any action that you or any other person or entity takes or fails to take based on any such Content, information, instruction, recommendation, prescription, treatment, diagnosis, advice, or any other Provider Services or otherwise as a result of your use of the Site Services as a Provider.

 

You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, advisers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site or the Site Services, or the offer or provision of any Provider Services by you; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third party rights, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive the termination of these Terms of Use and your use of the Site and the Site Services.

 

If HIPAA requires you to enter into a business associate contract with us (for example, if you are a “Covered Entity” and we will be your “Business Associate” as defined under HIPAA, or if you will be our Business Associate, or if you will be the Business Associate of any other Provider who is either a “Covered Entity” under HIPAA or the Business Associate (directly or indirectly) of a “Covered Entity” under HIPAA), then you agree to enter into a Business Associate Agreement (“BAA”) provided by us and available to you on the Site, which such BAA is incorporated by reference into these Terms of Use. The provisions of the BAA will take precedence over provisions of these Terms of Use to the extent of any conflict.

 

REGISTRATION; RULES FOR CONDUCT

 

In order to access the Site Services offered on and through the Site, you must register with the Site for an account and receive a password. Registered users can be Patients or Providers. 

 

To register for an account with the Site, you must submit the following information through the account registration page on the Site:

 

(i)         Providers: Providers are required to provide certain personal information, and information about their practices, licenses, and certifications, including: the Provider’s name, date of birth, address, email, mobile and work phone; the Provider’s practice name, address, phone number and fax number; and a user id and password. We may also collect certain optional information, including: middle name or initial, bank account or other payment information, other contact details, picture, communication preferences, and other information, including credentials, titles, degrees, specialization, education, training, geographical information, history, experience, expertise, or any other information that we deem necessary or appropriate.

 

(ii)        Patients: Patients are required to provide their name and email address to register for a Patient account, and they will be asked to select a user id and password as part of the registration process. Patients may also provide certain optional information to be included in their profile, such as contact information, date of birth, or similar information. However, providing such optional information is completely voluntary for Patients. In addition, a Patient can affirmatively elect to communicate other health-related information to a Provider through the Site Services, including by way of secure messaging, secure document storage and transmission, or during a secure video conference. Personal health information provided by Patients will never be shared by us without the affirmative election of the Patient.

 

Please refer to our Privacy Policy for additional details regarding the information we collect from you and what we do with that information.

 

Once you have created your account and provided a user-name and password, you are responsible for maintaining the confidentiality of your password, and you are responsible for all activities that occur using your password to access the Site and the Site Services. You agree not to share your password, let others access or use your password or do anything else that might jeopardize the security of your password. You agree to notify the Company if your password on the Site is lost, stolen, if you are aware of any unauthorized use of your password on the Site, or if you know of any other breach of security in relation to the Site. You are solely responsible for any and all uses of your account and all activities that occur under or in connection with it.

 

All of the information that you provide when registering for an account or otherwise through the Site must be accurate, complete, and up to date.  You may change, correct or remove any information from your account by logging into your account directly and making the desired changes. You agree not to register for an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity unless you are authorized to bind such person, group, or entity to these Terms of Use. By registering another person, group, or entity you hereby represent that you are authorized to do so.

 

You may only access the Site and the Site Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Site and the Site Services. You agree not to use the Site or the Site Services to recruit, solicit, or contact in any form, Providers or other users for employment or contracting for a business not affiliated with us without our advance written permission, which may be withheld in our sole discretion. You assume any and all risks from any meetings or contact between you and any Providers, Patients, or other users on the Site or through the Site Services.

 

Individuals and/or entities that have previously been terminated by the Company may not register for a new account, nor may they designate other individuals to use an account or the Site Services on their behalf.

 

USE RESTRICTIONS

 

Your permission to use the Site and the Site Services is conditioned upon the following Use Restrictions. You agree that you will not, under any circumstances:

 

  • transmit any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;

 

  • use the Site or the Site Services for any unlawful purpose or for the promotion of illegal activities;

 

  • attempt to harass, abuse, or harm another person or group;

 

  • use another Patient’s or Provider’s account without permission or impersonate another person;

 

  • provide false or inaccurate information when registering for an account, or interfere or attempt to interfere with the proper functioning of the Site or the Site Services;

 

  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;

 

  • copy, modify, reverse engineer, reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from, deface, tarnish, mutilate, hack, interfere with, or otherwise use and exploit the Site, any Site Services, any Provider Services, or any Submitted Content (as defined below) except as permitted by these Terms of Use.

 

  • bypass any robot exclusion headers or other measures we take to restrict access to the Site or the Site Services or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data; or

 

  • publish, post, transmit, or link to malicious content intended to damage or disrupt another Patient’s or Provider’s browser or computer.

 

TRANSMISSION RESTRICTIONS; LICENSE GRANT

 

All software, technology, designs, materials, information, communications, opinions, records, messages, comments, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, videos, photos, images, reviews, ideas, applications, Site functionality, widgets, buttons, labels, and other data or copyrightable materials or content, including the selection, arrangements, functionality, processes, and user experiences in respect thereof is “Content.” Where the Company provides Content to you through or on the Site or in connection with the Site Services, including, without limitation, the Site, it is “Company Content.” Content submitted, uploaded, transmitted, posted, or otherwise made available on or through the Site or the Site Services by any user is “Submitted Content.” Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws.

 

 

You are responsible for any Submitted Content you upload, post, transmit, or otherwise make available on or through the Site or the Site Services, including its legality, reliability, and appropriateness. You agree that we are only acting as a passive conduit for your online transmission of your Submitted Content. The Company reserves the right to remove any Submitted Content from the Site at its discretion.

 

You may not upload, post, or otherwise make available on the Site or through the Site Services any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark, or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy, or publicity rights or any other harm resulting from any transmission you make of your Submitted Content.

 

Unless otherwise explicitly stated herein or in our Privacy Policy (including, for example, with respect to your personal information or PHI, which is subject to our Privacy Policy and which we will never disclose, publish, or transmit without your permission), you agree that any Submitted Content provided by you in connection with the Site or the Site Services is provided on a non-proprietary and non-confidential basis. You hereby grant to the Company, to the extent permitted under applicable law, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute your Submitted Content, or any portion thereof, in any form, medium, or distribution method now known or hereafter existing, known, or developed, and authorize others to use the Submitted Content. We may modify or adapt your Submitted Content in order to transmit, display, or distribute them over computer networks and in various media and/or make changes to the Submitted Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. We agree to use any personally identifiable information or any PHI contained in any of your Submitted Content in accordance with our Privacy Policy.  

 

The Company hereby grants to you as a user, Patient, or Provider, as the case may be, a limited, non-exclusive, non-transferable license to access and use Submitted Content and Company Content, for which you have paid all applicable required fees, solely for your personal, non-commercial, health-related purposes through the Site Services, in accordance with these Terms of Use. All other uses are expressly prohibited absent our express written consent.

 

You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Company Content unless we give you explicit permission to do so. Submitted Content and Company Content is licensed, and not sold, to you. Providers may not grant you license rights to their Submitted Content that you access or acquire through the Site Services, and any such direct license or attempted license shall be null and void and a violation of these Terms of Use.

 

Notwithstanding the foregoing, We reserve the right to revoke this license to access and use Submitted Content and Company Content granted to you as described above.

 

ONLINE CONTENT DISCLAIMER

 

Any Content other than Company Content transmitted or made available through the Site or the Site Services, including opinions, advice, statements, offers, instructions, diagnoses, recommendations, treatments, or other information or Submitted Content not made by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such Content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Site and neither does the Company adopt or endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement, or any other information transmitted or made by parties other than the Company. The Company takes no responsibility and assumes no liability for any Submitted Content that you or any other user, Patient, Provider, or third party posts or sends over the Site or through Site Services. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, or transmitted to users, Patients, or Providers or any other persons viewing the Site.

 

Though the Company strives to enforce these Terms of Use, you may be exposed to Submitted Content that is inaccurate, objectionable, or harmful. The Company reserves the right, but has no obligation, to monitor the materials transmitted or posted on the Site or through the Site Services, or to limit or deny a user’s, Patient’s, or Provider’s access to the Site Services or take other appropriate action if a user, Patient, or Provider violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful, or malicious. The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or these Terms of Use or which might be offensive, or that might violate the rights, harm, or threaten the safety of users, Patients, Providers, or others. Unauthorized use may result in criminal and/or civil prosecution under federal, state, and local law. If you become aware of any misuse of the Site or the Site Services, please contact us at team@iache.com.

 

LINKS TO OTHER SITES AND/OR MATERIALS

 

As part of the Site Services, the Company may provide you with links to third party website(s) (“Third Party Sites”) as well as content, applications, or items belonging to or originating from third parties (the “Third Party Applications, Software, or Content”). These links are provided as a courtesy to Site users. The Company has no control over Third Party Sites and Third Party Applications, Software, or Content or the promotions, materials, information, goods, or services available on these Third Party Sites or Third Party Applications, Software, or Content. Such Third Party Sites and Third Party Applications, Software, or Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software, or Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Sites or the Third Party Applications, Software, or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software, or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.

 

COPYRIGHT POLICY

 

The Company respects the intellectual property rights of others and requests that users, Patients, and Providers do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users, Patients, or Providers on the Site who are repeat infringers. The Company may terminate access for users who are found repeatedly to provide, transmit, or post protected third party content without necessary rights and permissions.

 

INTELLECTUAL PROPERTY

 

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site, the Site Services, and the Company Content, including applicable copyrights, trademarks, and other proprietary rights. Other product and company names that are mentioned on the Site or through the Site Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

 

USER CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS

 

For contractual purposes, you (a) consent to receive communications from the Company in an electronic form via the email address you have submitted upon registration; and (b) agree that all Terms of Use, BAAs, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

 

We may also use your email address, to send you other messages, including information about the Company, the Site, the Site Services, and special offers. You may opt out of such email by changing your account settings or sending an email to team@iache.com. Opting out may prevent you from receiving messages regarding the Company, the Site, the Site Services, or special offers.

 

FEES, SUBSCRIPTIONS, PURCHASE TERMS

 

You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing the Company with your credit card number or Stripe account and associated payment information, you agree that the Company is authorized to immediately invoice or charge your account for all fees and charges due and payable to the Company hereunder and that no additional notice or consent is required.

 

If your payment method fails or your account is past due, then we may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block your access to any Site Services pending resolution of any amounts due by you to the Company.

 

WARRANTY DISCLAIMER

 

THE SITE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SITE SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE OR THE SITE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED FROM THE SITE OR THE SITE SERVICES, OR RESULTING FROM YOUR UPLOADING OR TRANSMITTING ANY INFORMATION, RECORDS, OR FILES THROUGH THE SITE SERVICES.

 

LIMITATION OF DAMAGES; RELEASE

 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, TRANSMISSION, OR DISPLAY OF YOUR SUBMITTED CONTENT; (B) THE SHARING OF ANY OF YOUR PERSONAL INFORMATION, INCLUDING ANY PHI, WITH ANY PROVIDER BASED ON YOUR ELECTION TO SHARE SUCH INFORMATION OR THE COMMUNICATION BY YOU OF SUCH INFORMATION, (C) YOUR USE OR INABILITY TO USE THE SITE SERVICES; (D) THE SITE SERVICES GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE SERVICES AVAILABLE, OR ANY PROVIDER SERVICES; OR (E) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER, PATIENT, OR PROVIDER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

MODIFICATION OF TERMS OF USE

 

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in these Terms of Use. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use. However, we will notify you of material changes to the Terms of Use by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms of Use (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of these Terms of Use by the Company via telephonic or email communications shall be valid.

 

GENERAL TERMS

 

If any part of these Terms of Use are held invalid or unenforceable, that portion of these Terms of Use will be construed in accordance with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms of Use will not be considered a waiver of our right to enforce such provision. Our rights under these Terms of Use will survive any termination of these Terms of Use.

 

The Company may assign or delegate these Terms of Use and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms of Use or our Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

 

These Terms of Use and your use of the Site and the Site Services are governed by the federal laws of the United States of America and the laws of the State of Texas, without regard to conflict of law provisions.

 

You agree that any claim or dispute you may have against the Company must be resolved exclusively by a state or federal court located in the State of Texas, except as otherwise agreed by the parties or as described in the arbitration provision below. You agree to submit to the personal jurisdiction of the courts located in Houston, Texas for the purpose of litigating all such claims or disputes.

 

For any claim or cause of action (i) raised by a resident of a country other than the United States of America; or (ii) where the total amount of the award sought is less than twenty thousand dollars ($20,000.00), you agree that the Company may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event the Company elects arbitration, you hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through an established alternative dispute resolution (“ADR”) provider chosen by the Company. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration expressly excludes claims for injunctive or other equitable relief.

 

You agree that any claim or cause of action related to or arising out of your relationship with the Company must commence within twelve (12) months after the cause of action accrues. Otherwise, such cause of action is permanently barred.

 

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE, AND WILL BE BOUND BY THE TERMS AND CONDITIONS HEREIN. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE, TOGETHER WITH OUR PRIVACY POLICY AND ANY OTHER TERMS OR AGREEMENTS INCORPORATED BY REFERENCE HEREIN (INCLUDING ANY APPLICABLE BAA), REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER HEREOF.

 

CONTACT US

 

If you have any questions about these Terms of Use or otherwise need to contact us for any reason, you can reach us at: iACHE LLC, 14511 Falling Creek Drive, Suite 402, Houston, Texas 77014; or send us an email to team@iache.com; or call us at (832) 241-4755.