Terms and Conditions of Services
Last Updated on April 2, 2020
Welcome to Intima, LLC, (the “Company”). By accessing www.intimahealth.com and using the services made available herein (the “Website”), you agree to be bound by these Terms and Condition of Services (this “Agreement”). Unless otherwise specified, all references to “Website” include any software that Intima provides to you that allows you to access the Website from a mobile device (a “Mobile Application”). This Agreement governs the use and access to the Website.
The Company provides a technology platform and infrastructure to connect individuals with professionals in real time via live streaming video and/or telephone for the purpose of providing professional services online. Our online platform (a) allows customers (the “Clients”) and professionals (the “Professionals”) who are authorized to access and use the Website to interact online for the purpose of receiving and providing professional services related to the Client; and (b) provides Professionals with certain management tools including, but not limited to, scheduling, messaging, note taking, and record keeping tools in addition to other features that support the provision of the professional services ((a) and (b) together, the “Service”). Each Professional is required to obtain a Client’s informed consent prior to communicating with or otherwise engaging the Client through the Service for the purpose of providing their professional services.
The Company does not provide medical care, practice medicine, or otherwise practice any other licensed profession. While the Services may provide access to, and also allow you to communicate with Professionals, we advise seeking the advice of a physician or other qualified healthcare provider with any questions regarding personal health or medical conditions. Never disregard, avoid, or delay in obtaining medical advice from a doctor or other qualified healthcare provider because of something posted on the Website. If you have or suspect that you have an urgent medical problem or condition, please contact a qualified healthcare professional immediately. The Company’s Website and the Services are NOT for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears on the Company’s Website.
IF YOU THINK YOU HAVE ANY EMERGENCY, CALL 911, IMMEDIATELY.
- Acceptance of this Agreement.
This Agreement is an electronic contract that establishes the legally binding terms you must accept to access and use the Website. By accessing the Website, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement provided to you in electronic form. If you do not agree to be bound by this Agreement, do not continue to access or otherwise make use of the Service. Please note that certain uses of the Service may be subject to separate agreements that will be provided to you prior to such use. Please print a copy of this Agreement for your records. This Agreement may be modified by the Company from time to time, such modifications to be effective upon posting by the Company on the website.
You must be at least 18 years of age and the age of majority and legal consent in the jurisdiction in which you live or reside and have the legal capacity to enter into these terms to access this Website and otherwise use the Services. By accessing and using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
- Non-Commercial Use.
The Website is for personal and/or professional use only. You may not use the Website in connection with any commercial endeavors, including, but not limited to (i) advertising or soliciting any user to license, buy or sell any Products not offered by the Company. The Company may investigate and take any available legal action in response to any unauthorized commercial use of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website. The Company reserves the right, at its sole discretion to determine what constitutes a “commercial use”.
- Intima Accounts.
In order to access and make use of the Services you must register and create an Intima Account (“Account”). When you register you will be required to provide certain Personal Information in order to create your Account and use the Service and such information may include your name, your date of birth, your home or other physical address, your email address, your telephone number, your Client name, the name of your Professionals (collectively, “Client Information”). By registering your Account, you acknowledge and agree that your Personal Information and Client Information may be used as may be necessary for us to provide the Service to you.
When you register, you must choose a Client name and a password. You are responsible for safeguarding and maintaining the confidentiality of your password and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that there has been any unauthorized use of your password or any unauthorized access to your Account.
You further agree to promptly update all your Client Information whenever the Client Information provided to us by you is found to be in error or becomes inaccurate. We are not responsible for any Service-related issues or errors arising from your failure to submit or maintain current and accurate Client Information. If we determine that you have failed to submit or maintain current and accurate Client Information, we may temporarily suspend or terminate your access to your Account, the Website or the Service.
- Professional Profiles
Professionals are solely and exclusively responsible for any content or information displayed on or published to their respective profiles, and the Company expressly disclaims any and all liability for the content of the Professionals profiles, including, without limitation, the accuracy or reliability of any information contained therein.
- Client Profile
- Medical Advice
Only the audiovisual telecommunication platform portion of the Service may be used to communicate information regarding professional, medical or healthcare services and treatment. Accordingly, neither Clients nor Professionals should request, send or receive any information related to professional, medical or healthcare services through any portion of the Service except the audiovisual telecommunication platform. No other Service features should be used to convey professional medical services, advice, treatment or any other confidential information. The Company does not provide medical advice, and any information contained on the Website is not and should not be considered medical advice. The Company makes and you receive no representation or warranty with respect to any professional medical services, advice, treatment, or recommendations rendered by a Professional in connection with your use of the Website or Service, and the Company does not endorse or advocate any professional medical services so rendered or treatment method so prescribed.
- Eligibility Requirements to Access Professionals Portions of the Website
You agree to promptly pay all fees and charges for your Service, and you authorize us to automatically deduct all applicable charges and fees from the payment account(s) that you designate in your Intima Client Profile. You agree to provide a current, up-to-date email address to us at all time in order to access the Website.
- Fees and Payment
Your license to use the Service is contingent upon payment of all required fees, with such payments to be made within the required time periods as set forth during the Account registration process. If any charges or fees are not promptly received from Client following any notice from the Company, the Company may suspend access to the Service until past due charges are paid.
- Postings and Comments
- You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “Post”) on the Website or transmit to other Website users, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, “content”). You may not Post on the Website or transmit to the Company or any other Website user (either on or off the Website), any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
- You understand and agree that the Company may, but is not obligated to, monitor or review any content you Post on the Website. The Company may elect not to publish and/or delete any content that you Post, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Website or the Company.
- By posting content on the Website , you automatically grant, and you represent and warrant that you have the right to grant, to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute such content, (ii) prepare derivative works of, or incorporate into other works, such content, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your content by the Company will not infringe or violate the rights of any third party.
- In addition, without limitation, you agree that you will not do any of the following while using or accessing the Service: (a) transmit or upload any information for which you don’t have the right to transmit, publish, copy, upload, or disseminate; (b) upload, post, email or otherwise transmit any Content that infringes on the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity); (c) use the Service to collect or store personal data about other Clients without their express permission; (d) knowingly include or use any false or inaccurate information in any profile; (e) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Service, or interfere with the access of any other Client to the Service; (f) circumvent, disable, or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any Content; (g) use any meta tags or other hidden text or metadata utilizing the Intima name, trademark, URL or product name; (h) attempt to probe, scan or test the vulnerability of any Intima system or network or breach or impair or circumvent any security or authentication measures protecting the Service; (i) attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the services; (j) use the services in any way that competes with the Company, including, without limitation, pretexting or misrepresenting one’s identity or posing as a current or prospective patient in order to solicit or recruit Professionals, directly or indirectly; or (k) encourage or instruct any other person or entity to do any of the foregoing.
- When using the Website and/or the Services, you may not post, upload, display or otherwise make available content that includes, but is not limited to:
- Defames, abuses, harasses, stalks, threatens, or otherwise violates the legal rights (such as rights of privacy and publicity) of others.
- Promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Advocates harassment or intimidation of another person or incites others to do as such;
- Requests money from, or is intended to otherwise defraud, other users of the Website or offered Product ;
- Transmits “spam”, “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities), the aforementioned to be determined at our sole discretion;
- Promotes information that is false, deceptive or misleading, or promotes or incites illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
- Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
- Provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
- Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- Impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- Provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
- Disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
- Solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and
- Publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- The Company reserves the right, in its sole discretion, to (a) terminate access to your account, your ability to post to this Website and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that the Company determines is inappropriate or disruptive to this Website or to any other user of this Website. The Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company’s discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet.
- Your use of the Website, including all content you post on the Website, must be in accordance with any and all applicable laws and regulations, including all applicable export and import laws and regulations. You agree that the Company may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Website in the future; or (v) protect the rights, property or personal safety of the Company or any other person.
- The Company reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including, but not limited to removing the offending communication from the Website.
- Provisions for Mobile Applications
The Company may make available Mobile Applications to access the Website via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. The Company does not warrant that the Mobile Application will be compatible with your mobile device. The Company hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that the Company may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that this Agreement will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and the Company and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that the Company provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
- You acknowledge that this Agreement is between you and the Company only, and not with Apple, Inc. (“Apple”).
- Your use of the Company’s iOS App must comply with Apple’s then-current App Store Terms of Service.
- The Company, and not Apple, is solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
- You agree that the Company, and not Apple, is responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by this Agreement and any law applicable to us as provider of the iOS App.
- You agree that the Company, and not Apple, shall be responsible, to the extent required by this Agreement, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
- The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to this Agreement as they relate to your license of the Company’s iOS App. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that the Company provides to you designed for use on an Android-powered mobile device (an “Android App”):
- You acknowledge that this Agreement is between you and the Company only, and not with Google, Inc. (“Google”).
- Your use of the Company’s Android App must comply with Google’s then-current Android Market Terms of Service.
- Google is only a provider of the Android Market where you obtained the Android App. the Company, and not Google, are solely responsible for the Company’s Android App and the Services and Content available thereon. Google has no obligation or liability to you with respect to the Company’s Android App or this Agreement.
- You acknowledge and agree that Google is a third-party beneficiary to this Agreement as they relate to the Company’s Android App.
- Ownership of Intellectual Property Rights
You acknowledge and agree that, except as otherwise expressly stated, all text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about the Company or the Service, “Content”) appearing on your Account or the Service is the copyrighted work of the Company or its third party content suppliers and is protected by U.S. and international copyright, trademark, and other laws. We own or have the license to use all of the intellectual property rights relating to the Content, including, without limitation, all intellectual property rights protected as patent pending or patented inventions, trade secrets, copyrights, trademarks, service marks, trade dress, or proprietary or confidential information, whether or not they happened to be registered. You will not acquire any intellectual property rights in the Company by your use of the Service. You only hold a non-exclusive, non-transferable, non-sublicensable license to use this information through the Service.
Subject to your compliance with this Agreement, the Company hereby grants you a limited license to access and make use of the Service, but not to download (other than page caching or downloading of PDF forms, statements, etc. provided as part of the Service) or modify the Service, or any portion of thereof. The Service also contains the Content, and the license granted in this Section does not include any resale or commercial use of the Service or the Content; any derivative use of the Service or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. The Service or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without the Company’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of the Company’s name(s) or service marks without the express written consent of their owners. We (or the respective third party owners of Content) retain all right, title, and interest in the Service and any Content offered on these Service, including any and all intellectual property rights. Any software applications available on or through the Service are licensed, not sold, to you. The Company may assign this Agreement or any part hereof, without restrictions. You may not assign this Agreement or any part hereof, nor transfer or sub-license your rights under this Agreement, to any third party. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by the Company. Unless otherwise expressly agreed in writing by the Company, the Service is only permitted to be used within the United States of America.
The Company reserves the right to change, modify, supplement, or update this Agreement (each such change, modification or supplement, an “Amendment”), from time to time upon notice by posting such Amendment on the Website. We encourage you to periodically visit this Agreement to check for any Amendments. In the event that an Amendment to this Agreement materially modifies your rights or obligations, we will take commercially reasonable measures to notify you of such Amendment in advance, which may include posting notices on the website or sending notices to you at your email address. You acknowledge and agree that you will be bound by any such Amendment if you continue to access or use the Website or Service after such Amendment is posted. Unless otherwise indicated, any new Service added to the Website will also be subject to this Agreement effective upon the date of any such addition.
- Term and Termination
(a) Term. This Agreement shall commence on the date you first make use of the Service and will remain in effect until either you or the Company terminates this Agreement (the “Term”).
(b) Termination Rights of the Company. The Company reserves the right to change the Service or any Content we offer at any time without notice. We may, in our sole discretion, and without prior notice to you, terminate this Agreement at any time and for any reason.
(c) Your Termination Rights. You may terminate your Account at any time and for any reason by sending the Company written notice at the contact information provided herein. Any cancellation request will be handled within thirty (30) days of receipt of such a request by the Company.
(d) Effects of Termination. Upon any termination for cause by the Company due to Client’s breach, Client shall forfeit any and all prepaid or pro rata fees paid by Client to the Company. Upon any termination for cause by Client due to the Company’s breach, the Company shall refund Client any prepaid fees, at a pro-rated value, covering the remainder of the use of the Service after the effective date of termination. Upon any termination by you, your Account will no longer be accessible. After termination, the Company will have no further obligation to provide the Service, except to the extent we are obligated to provide you with access to your health records or Professionals are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you. Upon termination of your right to use our Website or Service or our termination or discontinuation of the Website or Service, all licenses and other rights granted to you by this Agreement will immediately terminate.
- Third-Party Websites; Advertisements
Links to third-party websites or resources and advertisements from third parties may be available and visible through the Service. The Company is not responsible or liable for the availability or accuracy of, and Intima does not endorse, sponsor, or recommend such websites, resources, or third-party advertisements or the content, products, or services on or available through such websites, resources, or third-party advertisements. When we make available such third-party links, resources, and advertisements through the Service, you must look solely to the third party with respect to the content, products, or services they provide. We do not endorse and are not responsible or liable for any of the content, products, or services provided or advertised by others, or for any losses arising out of or relating to the websites or resources of third parties.
- Disclaimers & Limitations of Liability.
- General Disclaimer
You acknowledge and agree that the Company is not responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate content posted on the Website or provided in connection with any Services , whether caused by users of the Website or Services, including other Website users, or any of the equipment or programming associated with or utilized in the Website or its Services ; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any content, communications or personalization settings; (iii) the conduct, whether online or offline, of any user of the Website; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or Member communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Website users or to any other person’s computer related to or resulting from participating or downloading Products in connection with the Website and/or in connection solely with the Products .
- Website Provided “AS-IS”
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE WEBSITE WILL BE CORRECTED.
YOU FURTHER UNDERSTAND THAT ANY PRODUCT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY PRODUCT OR OTHER MATERIALS THROUGH THE WEBSITE.
- Third Party Content
From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information or content or Products available on the Website (“Third Party Content” or “Third Party Product”). All Third Party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE WEBSITE OR THIRD PARTY PRODUCT MADE AVAILABLE THROUGH THE WEBSITE , OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR IN A PRODUCT. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR IN A PRODUCT, OR TRANSMITTED TO OR BY ANY WEBSITE USERS.
- Informational & Entertainment Purposes ONLY
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website or in a Service is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website or any of its Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
- Links & Third Party Websites
The Website may contain or third parties may provide advertisements and promotions offered by third parties and links to other websites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or products, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website or in a Service, including payment and delivery of related goods or Products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or Products or other materials available on or through any such website or resource.
- Limitation on Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL INTIMA, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, NOR ANY OF ITS AFFILIATES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING THE LOSS OF PROFITS, REVENUE, DATA, OR USE OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, OR THE CONTENT, WHETHER IN CONTRACT OR TORT, OR WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT PROCHAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NOTHING HEREIN SHALL LIMIT THE POTENTIAL PROFESSIONAL LIABILITY OF ANY PROFESSIONAL THAT MAKE USE OF THE SERVICE OR THE POTENTIAL PROFESSIONAL LIABILITY ARISING FROM OR RELATED TO PROFESSIONAL, MEDICAL OR MENTAL HEALTH SERVICES, ADVICE, DIAGNOSIS, OR TREATMENT THAT SUCH PROVIDERS AND HEALTHCARE PROFESSIONALS PROVIDE TO ANY CLIENT IN CONNECTION WITH THIS AGREEMENT, EXCEPT AS PROVIDED UNDER APPLICABLE STATE LAWS. IN NO EVENT SHALL INTIMA BE LIABLE FOR THE DISCLOSURE OF ANY CLIENT’S CONFIDENTIAL INFORMATION BY A PROFESSIONAL FROM WHOM A CLIENT HAS RECEIVED PROFESSIONAL, MEDICAL OR MENTAL HEALTH SERVICES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF INTIMA OR INTIMA’S LICENSORS OR AFFILIATES TO YOU, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS ACTUALLY PAID BY YOU INTIMA FOR USE OF THE SERVICE IN THE ONE (1) MONTH PRIOR TO THE OCCURRENCE OF THE CLAIM GIVING RISE TO SUCH LIABILITY. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR THE CONTENT OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION OR BE FOREVER BARRED.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO INTIMA AND ITS SERVICES OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICES CAUSED BY YOU OR ANY PERSON USING YOUR USER NAME OR PASSWORD. INTIMA DOES NOT ASSUME ANY LIABILITY ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR MISUSE OF ANY OF THE ADVICE, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES
ACCESSED THROUGH THE SERVICES.
You agree to indemnify and hold the Company, its subsidiaries, affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of (a) your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), (b) any postings or content you post on the Website or as a result of the use of the Website or license or purchase of its Services , and (c) the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
- Governing Law and Forum for Disputes.
This Agreement and any action related thereto will be governed by the laws of the State of Utah without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Website or its Services will be brought in the federal or state courts located in the jurisdiction and venue as chosen by the Company. You waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Website or its Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, this Agreement and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Utah (excluding choice of law). No software made available in connection with the Website or its Services may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE WEBSITE OR ITS SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
- Operational Functionality
The Company reserves complete and sole discretion with respect to the operation of the Services. The Company, among other things withdraw, suspend or discontinue any functionality or feature of the Services. The Company is not responsible for transmission errors or corruption or compromise of information carried over local or interchange telecommunications carriers. The Company is not responsible for maintaining information arising from use of the Website or in respect of the Services. Subject to applicable law, the Company reserves the right to maintain, delete or destroy all communications and information posted or uploaded to the Website or in connection with the Services in accordance with its internal record retention and/or destruction policies.
- Service Reliability and Warranties.
The Company makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, 100% secure, or error free, or that defects, if any, will be corrected, including loss of data resulting from delays, and any service interruption caused by the Company employees. The Company is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers.
The Company will take commercially reasonable precautions to protect against failure of our equipment and software. The Customer acknowledges and agrees that temporary interruptions in service may occur, and that the Company shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. The Customer acknowledges and agrees that data may be lost or corrupted in connection with use of the Services. The Company may perform regular back-ups of all data stored, but shall have no liability to Customer in the event all data is lost or destroyed. Customer acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the Services.
The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website. Such notices may not be received if you violate this Agreement by accessing the Services in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner.
The failure by you or us to enforce any provision of this Agreement will not constitute a waiver. If any court of law, having the jurisdiction to decide the matter, rules that any provision of this Agreement is invalid or unenforceable, then the invalid or unenforceable provision shall be removed from this Agreement or reformed by the court and given effect so as to best accomplish the essential purpose of the invalid or unenforceable provision, and all of the other provisions of this Agreement shall continue to be valid and enforceable. Nothing contained in this Agreement shall limit the ability of a party to seek an injunction or other equitable relief without posting any bond. The titles of the Sections of this Agreement are for convenience only and shall have no legal or contractual effect.
- Dispute Resolution
Except as otherwise stated herein, on the written notice of either party requesting application of this Section, all claims and disputes arising out of or relating to this Agreement shall be mediated by a mediator to be selected by mutual agreement of the parties. In the event the parties cannot agree on a mediator within fifteen (15) days of the receipt by either of written notice of the other requesting application of this Section 26, then each party shall designate a party within fifteen (15) days thereof by written notice to the other. Within fifteen (15) days thereof, the two parties selected then shall mutually designate a mediator for mediation of the dispute. The mediation shall continue from time to time until the dispute is resolved or the mediator has made a determination in writing that the dispute cannot be resolved through mediation and arbitration is recommended, provided that mediation may be terminated by either party upon fifteen (15) days’ notice given at any time on or after the sixty-first (61st) day after notice requesting application of this Section 27. The mediator shall recommend one or more arbitrators to the parties.
This Agreement is subject to change by the Company at any time.
- Entire Agreement
This Agreement was last modified on March 23, 2020.
HIPAA PRIVACY STATEMENT
NOTICE OF PROTECTED HEALTH INFORMATION PRIVACY PRACTICES OF INTIMA, LLC. THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
If you have any questions or requests, please contact Intima Health directly.
- We Have A Legal Duty to Protect Health Information About You
We are required by law to protect the privacy of health information about you and that can be identified with you, which we call “protected health information,” or “PHI” for short. We must give you notice of our legal duties and privacy practices concerning PHI:
- We must protect PHI that we have created or received about: your past, present, or future health condition; health care we provide to you; or payment for your health care.
- We must notify you about how we protect PHI about you.
- We must explain how, when and why we use and/or disclose PHI about you.
- We may only use and/or disclose PHI as we have described in this Notice.
This Notice describes the types of uses and disclosures that we may make and gives you some examples. In addition, we may make other uses and disclosures which occur as a byproduct of the permitted uses and disclosures described in this Notice.
If we participate in an “organized health care arrangement” (defined in subsection B.3 below), the providers participating in the “organized health care arrangement” will share PHI with each other, as necessary to carry out treatment, payment or health care operations (defined below) relating to the “organized health care arrangement”.
We are required to follow the procedures in this Notice. We reserve the right to change the terms of this Notice and to make new notice provisions effective for all PHI that we maintain by first:
- Posting the revised notice on our website online; and
- Making copies of the revised notice available for download through copying and pasting this information.
- We May Use and Disclose PHI About You Without Your Authorization in the Following Circumstances:
- We may use and disclose PHI about you to provide health care treatment to you.
- We may use and disclose PHI about you to provide, coordinate or manage your health care and related services. This may include communicating with other health care providers regarding your treatment and coordinating and managing your health care with others. For example, we may use and disclose PHI about you when you need supplies, or other health care services such as nurse consultation regarding your condition or needs. In addition, we may use and disclose PHI about you when referring you to a health care provider. EXAMPLE: Our staff may share medical information about you with a contracted health care provider. For example, if you are making inquiries about the types and kinds of supplies you require, we will need to know if you are allergic to any materials or ingredients in the supplies.
- We may use and disclose PHI about you to obtain payment for services. Generally, we may use and give your medical information to others to bill and collect payment for the supplies and services provided to you by our company. Before you receive scheduled services, we may share information about these services with your health plan(s) or with the proper government agency in charge of reimbursement for the supplies or services. Sharing information allows us to ask for coverage under your plan or policy and for approval of payment before we provide the services. We may also share portions of medical information about you with the following:
- Billing departments;
- Collection departments or agencies, or attorneys assisting us with collections;
- Insurance companies, health plans and their agents which provide you coverage;
- Hospital departments that review the care you received to check that it and the costs associated with it were appropriate for your illness or injury; and
- Consumer reporting agencies (e.g., credit bureaus).
- We may use and disclose PHI about you for health care operations. We may use and disclose PHI in performing business activities, which we call “health care operations”. These “health care operations” allow us to improve the quality of care we provide and reduce costs. We may also disclose PHI for the “health care operations” of any “organized health care arrangement” in which we participate. In addition, we may disclose PHI about you for the “health care operations” of other providers involved in your care to improve the quality, efficiency and costs of their care or to evaluate and improve the performance of their providers. Examples of the way we may use or disclose PHI about you for “health care operations” include the following:
- Reviewing and improving the quality, efficiency and cost of care that we provide to you. For example, we may use PHI about you to develop ways to assist our health care providers and staff in deciding what medical treatment should be provided to others.
- Assisting various people who review our activities. For example, PHI may be seen by doctors reviewing the services provided to you, and by accountants, lawyers, and others who assist us in complying with applicable laws.
- Planning for our organization’s future operations.
- Conducting business management and general administrative activities related to our organization and the services it provides.
- Resolving grievances within our organization.
- Complying with this Notice and with applicable laws.
- We may use and disclose PHI under other circumstances without your authorization or an opportunity to agree or object. We may use and/or disclose PHI about you for a number of circumstances in which you do not have to consent, give authorization or otherwise have an opportunity to agree or object. Those circumstances include:
- When the use and/or disclosure is required by law. For example: when a disclosure is required by federal, state or local law, or other judicial or administrative proceeding.
- When the use and/or disclosure is for health oversight activities. For example, we may disclose PHI about you to a state or federal health oversight agency which is authorized by law to oversee our operations.
- When the disclosure is for judicial and administrative proceedings. For example, we may disclose PHI about you in response to an order of a court or administrative tribunal.
- When the disclosure is for law enforcement purposes. For example, we may disclose PHI about you in order to comply with laws that require the reporting of certain types of wounds or other physical injuries.
- When the use and/or disclosure relates to decedents. For example, we may disclose PHI about you to a coroner or medical examiner for the purposes of identifying you should you die.
- When the use and/or disclosure relates to organ, eye or tissue donation purposes.
- When the use and/or disclosure relates to medical research. Under certain circumstances, we may disclose PHI about you for medical research.
- When the use and/or disclosure is to avert a serious threat to health or safety. For example, we may disclose PHI about you to prevent or lessen a serious and imminent threat to the health or safety of a person or the public.
- When the use and/or disclosure relates to specialized government functions. For example, we may disclose PHI about you if it relates to military and veterans’ activities, national security and intelligence activities, protective services for the President, and medical suitability or determinations of the Department of State.
- When the use and/or disclosure relates to correctional institutions and in other law enforcement custodial situations. For example, in certain circumstances, we may disclose PHI about you to a correctional institution having lawful custody of you.
- You can object to certain uses and disclosures. Unless you object, we may use or disclose PHI about you in the following circumstances:
- We may share with a family member, relative, friend or other person identified by you, PHI directly related to that person’s involvement in your care or payment for your care. We may share with a family member, personal representative or other person responsible for your care PHI necessary to notify such individuals of your location, general condition or death.
- We may share with a public or private agency (for example, American Red Cross) PHI about you for disaster relief purposes. Even if you object, we may still share the PHI about you, if necessary for the emergency circumstances.
If you would like to object to our use or disclosure of PHI about you in the above circumstances, please call or write our company on the contact page of this website.
- We may contact you with information about treatment, services, products or health care providers. We may use and/or disclose PHI to manage or coordinate your healthcare. This may include telling you about treatments, services, products and/or other healthcare providers. We may also use and/or disclose PHI to give you gifts of a small value. EXAMPLE: If you are diagnosed with certain type of diabetes, we may tell you about nutritional, food products, equipment and other counseling services that may be of interest to you.
** ANY OTHER USE OR DISCLOSURE OF PHI ABOUT YOU REQUIRES YOUR WRITTEN AUTHORIZATION **
Under any circumstances other than those listed above, we will ask for your written authorization before we use or disclose PHI about you. If you sign a written authorization allowing us to disclose PHI about you in a specific situation, you can later cancel your authorization in writing by contacting the practice’s Privacy Officer. If you cancel your authorization in writing, we will not disclose PHI about you after we receive your cancellation, except for disclosures which were being processed before we received your cancellation.
- You Have Several Rights Regarding PHI About You
- You have the right to request restrictions on uses and disclosures of PHI about you. You have the right to request that we restrict the use and disclosure of PHI about you. We are not required to agree to your requested restrictions. However, even if we agree to your request, in certain situations your restrictions may not be followed. These situations include emergency treatment, disclosures to the Secretary of the Department of Health and Human Services, and uses and disclosures described in subsection B.4 of the previous section of this Notice. You may request a restriction by sending a letter with the specific terms of the request to our company listed on the contact page of this website. The company’s designated Privacy Officer will evaluate your request.
- You have the right to request different ways to communicate with you. You have the right to request how and where we contact you about PHI. For example, you may request that we contact you at your work address or phone number or by email. Your request must be in writing. We must accommodate reasonable requests, but, when appropriate, may condition that accommodation on your providing us with information regarding how payment, if any, will be handled and your specification of an alternative address or other method of contact. You may request alternative communications by sending this information to our company listed on the contact page of this website. The company’s designated Privacy Officer will evaluate your request.
- You have the right to see and copy PHI about you. You have the right to request to see and receive a copy of PHI contained in orders, invoices, billing and other records used to process your supply and equipment requests. Most of this paperwork will be accessible through your personal online account with the company. For any items not available online, your request must be in writing. We may charge you related fees. Instead of providing you with a full copy of the PHI, we may give you a summary or explanation of the PHI about you, if you agree in advance to the form and cost of the summary or explanation. There are certain situations in which we are not required to comply with your request. Under these circumstances, we will respond to you in writing, stating why we will not grant your request and describing any rights you may have to request a review of our denial. You may request to see and receive a copy of PHI by contacting our company listed on the contact page of this website. The company’s designated Privacy Officer will evaluate your request.
- You have the right to request amendment of PHI about you. You have the right to request that we make amendments to supply, billing and other records used to provide you with supplies and services. Your request must be in writing and must explain your reason(s) for the amendment. We may deny your request if: 1) the information was not created by us (unless you prove the creator of the information is no longer available to amend the record); 2) the information is not part of the records used to supply your needs; 3) we believe the information is correct and complete; or 4) you would not have the right to see and copy the record as described in paragraph 3 above. We will tell you in writing the reasons for the denial and describe your rights to give us a written statement disagreeing with the denial. If we accept your request to amend the information, we will make reasonable efforts to inform others of the amendment, including persons you name who have received PHI about you and who need the amendment. You may request an amendment of PHI about you by contacting the company’s Privacy Officer in writing through the contact page on this website.
- You have the right to a listing of disclosures we have made. If you ask our contact person in writing, you have the right to receive a written list of certain of our disclosures of PHI about you. You may ask for disclosures made up to six (6) years before your request (not including disclosures made prior to April 14, 2003). We are required to provide a listing of all disclosures except the following:
- For your treatment
- For billing and collection of payment for your treatment
- For health care operations
- Made to or requested by you, or that you authorized
- Occurring as a byproduct of permitted uses and disclosures
- Made to individuals involved in your care, for directory or notification purposes, or for other purposes described in subsection B.5 above
- Allowed by law when the use and/or disclosure relates to certain specialized government functions or relates to correctional institutions and in other law enforcement custodial situations (please see subsection B.4 above) and
- As part of a limited set of information which does not contain certain information which would identify you.
The list will include the date of the disclosure, the name (and address, if available) of the person or organization receiving the information, a brief description of the information disclosed, and the purpose of the disclosure. If, under permitted circumstances, PHI about you has been disclosed for certain types of research projects, the list may include different types of information.
If you request a list of disclosures more than once in 12 months, we can charge you a reasonable fee. You may request a listing of disclosures by contacting our company listed on the contact page of this website. The company’s designated Privacy Officer will evaluate your request.
- You have the right to a copy of this Notice. You have the right to request a paper copy of this Notice at any time by accessing it on this website and copying the text directly.
- You May File A Complaint About Our Privacy Practices
If you think we have violated your privacy rights, or you want to complain to us about our privacy practices, you can contact the company’s Privacy Officer through the contact page on this website.
You may also send a written complaint to the United States Secretary of the Department of Health and Human Services. If you file a complaint, we will not take any action against you or change our treatment of you in any way.