INFORMATION TECHNOLOGY BY MEDICAL DOCTORS, LLC D/B/A itMD TERMS & CONDITIONS

Information Technology by Medical Doctors, LLC, D/B/A itMD a Florida limited liability company (“itMD”) is a provider of medical image sharing and collaboration for hospitals, imaging centers and clinics, and patients, as well as other services as described on www.itMD.net (the “Site”). Your access to and use of the Site is subject to the terms and conditions of this agreement (the “Terms & Conditions” or the “Agreement”).

Applicability of Terms & Conditions

By visiting, using, and/or submitting information to the Site, either directly or via third party sites that link to the Site, you are agreeing to be bound by (a) the terms contained in this Agreement, including any and all future amendments; (b) any and all applicable laws, whether foreign or domestic as they apply to the provisions of the Site; and (c) any and all terms that govern the usage by itMD of the content and services used in providing the Site and which are incorporated herein by reference.

Changes to Terms & Conditions

itMD may update this Agreement from time to time in its sole discretion without notice to you. Modifications shall become effective immediately upon the posting thereof. You should review this Agreement on a regular basis to keep yourself apprised of any changes as such changes to this Agreement are binding upon you by your continued use of the Site. itMD may notify you from time to time either by posting a notice on the Site, or via electronic mail (as determined in itMD’s sole discretion) in the event of such changes.

Any information you provide to us or we collect from you is subject only to our most current Terms & Conditions. You are advised and encouraged to visit the Site on a regular basis to review the current Terms & Conditions, and any changes related thereto.

Ownership of the Site and Protection of Intellectual Property Rights

All right, title, and interest to the content displayed on our Site, including but not limited to the Site’s look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs, and content provided by third parties, are the property of itMD, or third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws.

Unless you receive express prior written permission by us or the copyright holder identified in the relevant copyright notice, you agree not to copy, modify, reproduce, print, cache, store, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer, or create derivative works based on our Site or any content (including without limitation any software) available through our Site.

For personal use only, you may download or print a copy of the content from our Site, but you agree to retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of our Site or features that prevent or restrict use or copying of any content from our Site or enforce limitations on use of our Site or the content therein.

Modifications to the Site

itMD reserves the right at any time, and from time to time, to modify, suspend, discontinue or terminate, temporarily or permanently, the Site (or any part thereof) or access thereto, with or without notice. You agree that itMD shall not be liable to you or to any third party for any modification, suspension, discontinuance, or termination of the Site or access thereto.

Unless explicitly stated otherwise, any new features that modify in any way the Site, including the release of any new itMD services, products, properties, shall be subject to this Agreement.

Termination of Our Site

You agree that we, in our sole discretion, may terminate your access to our Site for ANY reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Site may be effected without prior notice, and you acknowledge and agree that we may immediately delete all your related personally identifiable information and files and/or bar any continued access to such files or our Site. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Site, even if advised of a claim for damages. itMD may also, in its sole discretion, block certain IP addresses from accessing the Site to protect its integrity.

itMD HIPAA Compliance

itMD understands the importance of compliance with all laws and regulations, domestic and international, not only for protecting its own interest, but more critically, for protecting you, our customer. If you request that your health images and other health information be shared with any third party you will be required to abide by the terms of the HIPAA Privacy Authorization.

itMD Privacy Policy

In accessing our Site, you may provide itMD with certain personally identifiable information which will be treated in accordance with itMD’s Privacy Policy. For more information, please refer to the itMD Privacy Policy. By reference hereto, the Privacy Policy is expressly incorporated herein.

Communications with ItMD

Any and all unsolicited communication sent or transmitted by you to itMD, including, but not limited to, suggestions, comments, and other information or materials but expressly excluding personally identifiable information (collectively “Feedback”) shall be deemed non-confidential and non-proprietary. Subject to itMD’s Privacy Policy, itMD shall have no obligation of any kind with respect to such Feedback and, without limitation, is free to use and distribute to others such Feedback. Furthermore, itMD shall be free to use any Feedback, including, but not limited to ideas, concepts, know-how, or techniques contained therein for any purpose, including, but not limited to incorporating, developing and marketing products from the use of such Feedback.

Prohibited Activities:

The following is a non-exclusive list of prohibited activities that you acknowledge and agree not to engage in:

  • You will not impersonate any person or entity, including, but not limited to, itMD or any of its employees or agents, nor will you misrepresent or falsely state your affiliation with a person or entity, or disguise the origin of any information transmitted through the Site.

  • You will not post any link to the itMD Site on any internet website without itMD’s express prior written permission.

  • You will not transmit to the Site and/or itMD, its employees or agents:

    • any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;

    • any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;

    • any content that infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third party copyrighted materials, without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;

    • any worms, viruses or other harmful, disruptive or destructive files, code or programs;

  • You will not interfere with or disrupt the Site, our servers or networks connected to our Site, or disobey any requirements, procedures, policies, or regulations of networks connected to our Site;

  • You will not attempt to gain unauthorized access to itMD’s computer systems or servers; and

  • You will not use any robot, spider, crawler, site search/retrieval application, offline reader, or other manual or automatic device or process to either (a) access the Site in a manner that sends more request messages to the itMD servers in a given period of time than one human can reasonably produce in the same period by using a convention on-line web browser; or (b) retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site and its contents.

Information Disclaimer and Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT OUR SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK. OUR SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.

WE MAKE NO REPRESENTATION OR WARRANTY THAT OUR SITE WILL MEET YOUR REQUIREMENTS, THAT THE SITE WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE. ANY MATERIAL OBTAINED THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE UPLOAD AND/OR DOWNLOAD OR USE OF ANY SUCH MATERIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES CAUSED BY VIRUSES, WORMS, INFECTIONS OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE QUALITIES).

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) ACCESS TO, THE USE OF, OR THE INABILITY TO USE OUR SITE, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE, (5) RELIANCE ON CONTENT ON OUR SITE, OR (6) ANY OTHER MATTER RELATING TO OUR SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL OUR DIRECT LIABILITY HEREUNDER EXCEED $250.00.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification of ItMD

You agree to indemnify and hold itMD and our affiliates, officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation, resulting from or in any way connected with (a) your use of or reliance on our Site, (b) your connection to our Site, (c) your violation of this Agreement, or (d) your violation of any rights of another party.

Intellectual Property Infringement Policy

itMD respects the intellectual property rights of others and we expect you to do the same. itMD reserves the right, at its sole discretion, to delete material that infringes the copyrights, trademarks, or other intellectual property rights of others. Further, itMD also reserves the right to disable and/or terminate your access to the Site should you infringe upon the copyrights, trademarks or other intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide written notice to itMD with the following information (the “Infringement Notice”):

  1. A description of the copyrighted work or other intellectual property that you claim has been infringed (include patent, serial or registration number if available);

  2. A description of the material that you claim infringes the intellectual property, and detailed information directing us to the location on the Site of the infringing material;

  3. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  4. Your address, telephone number, and e-mail address;

  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

  6. A statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on behalf of such owner.

Please email the Infringement Notice to itMD at webmaster@itMD.com or mail it to the address provided below.

Links To Third Party Sites

Certain website links provided on the Site may let you leave the Site and enter a website not provided by, or not under the control of itMD (“Third Party Links”). itMD is not responsible for the content of any linked website, any link contained in a linked website or any changes or updates to such websites. itMD provides these Third Party Links to you only as a convenience and the inclusion of a Third Party Link does not imply endorsement by itMD of such sites.

U.S. Export Controls

No software or programs of the Site may be downloaded or otherwise exported or re-exported (1) into or to a national or resident of Cuba, Iran, Libya, North Korea, Sudan, and Syria, or any other country upon which or person upon whom the United States has placed export controls, including anyone on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using our the Site’s software or programs, you represent and warrant that you are permitted by U.S. export controls to do so and are not located in, under the control of, or a national or resident of any such country or on any such list.

Ability to accept Terms & Conditions

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with these terms. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site.

Non-U.S. Jurisdictions

itMD makes no representations that the materials on the Site are appropriate or legally available for use in locations outside the United States. If you are accessing our Site from jurisdictions where the contents of our Site may be illegal, you are solely responsible for complying with all local laws regarding online conduct and acceptable content. By submitting any information to our Site, you understand and agree that you are transferring it from your country and submitting it to ItMD’s servers in the United States.

Testimonials

itMD may provide testimonials on the Site that are intended to show examples of our products and services, and such testimonials do not necessarily portray actual clients currently or previously using such products and services.

No Other Agreements Between Us

With the exception of our Privacy Policy, this Agreement constitutes the entire agreement between you and us for governing your use of our Site and supersedes any prior agreements between you and us for that purpose, including any agreements applying to the Site.

Governing Law; Arbitration

These Terms & Conditions are to be governed and construed in accordance with the internal laws of Florida, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of, or relating to, these Terms & Conditions shall be exclusively referred to final and binding arbitration in Broward County, Florida, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association (“AAA”) in Broward County, Florida. You and itMD shall select the arbitrator, and if you and itMD are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the AAA shall select the arbitrator. The cost of such arbitrator and all costs and fees charged by the AAA shall be paid equally by you and itMD.

Judgment upon any award (subject to the Limitation of Liability provided herein) rendered by the arbitrator shall be final, binding and conclusive upon you and itMD, and your and itMD’s respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction.

Waiver

The failure of itMD to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Limitation of Actions Brought Against Us

BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY AND YOU EXPLICITLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF EITHER YOUR USE OF OUR SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IT SHALL FOREVER BE BARRED, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY.

Miscellaneous

If any provision of these Terms & Conditions are deemed unlawful, void or unenforceable by the arbitrator, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining portions of the Terms & Conditions shall continue in full force and effect.

The headings contained in these Terms & Conditions are for convenience of reference only, are not to be considered a part of these Terms & Conditions, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms & Conditions.

Your Questions, Comments & Complaints

itMD encourages you to provide it with feedback regarding these Terms & Conditions. Should you have questions, comments or concerns regarding these Terms & Conditions or our Site, please contact us by email at webmaster@itMD.com or by mail at:

itMD
P.O. Box 310721
Miami, FL 33131-0721
Attn.:WebMaster

Effective Date

These Terms & Conditions are effective as of 11/21/2017