This Web site (the “Site”) is owned and operated by iMobileWellness, LLC (“IMW”, “we”, “us”, “our”, or “us”) and allows you access to a wide array of information and resources on medical topics provided by us and third parties. “You” throughout these Terms of Use, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all aspects of these Terms of Use.

Changes in Terms of Use

We reserve the right to revise and update these Terms of Use at any time. Any such revisions will be effective on the date of posting to the Site. Your use of the Site following any such revisions will be deemed your acceptance of such revisions. You should periodically visit the Site to review the current terms to which you are bound.

No Medical Advice

The information posted here by iMobileWellness or any third party is intended for informational purposes only, should not be considered medical advice and is not intended to replace consultation with a qualified medical professional. You should consult your medical provider directly regarding your health and any specific medical questions you may have. Medical professionals should use the Site as an informational resource only.

Restrictions on Use

You may not, and may not knowingly allow any third party to: (a) reverse-engineer, disassemble, decompile, reproduce, transcribe, translate into any language or computer language, re-transmit in any form by any means, resell, or redistribute the content without our prior written consent, or (b) reverse engineer or attempt to discover any underlying ideas, source code, processes, techniques, technology, design, formula, engineering, or algorithms of the Site.

User Conduct

You understand and agree not to use the Site to:

  • Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
  • Use the Site for any illegal purpose, including but not limited to conspiring to violate laws.
  • Falsely state, impersonate, or otherwise misrepresent your identity, misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
  • Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  • Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
  • Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Stalk or harass anyone.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Site.
  • Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

Monitoring and Enforcement

While we have the right to monitor activity and content associated with the Site, we are not obligated to do so. Because we do not, and may not have the ability to, control or actively monitor content, we do not guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using this Web site, you may be exposed to content that you find offensive or objectionable. You can contact us to let us know of content that you find objectionable and we always reserve the right to remove content that is either inconsistent with a user’s terms of use, or content with we find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Web site. 

Subscriber Areas

To become a subscriber and access certain areas on the Site requiring a subscription, you must register as a subscriber. Children under the age of 13 are prohibited from registering as subscribers. By registering as a subscriber you represent that you are 13 years of age or older.

Patient Information

Federal and state laws, as well as ethical and licensure requirements, may impose obligations with respect to patient confidentiality that may limit your ability to receive, disclose or make use of patient information, including transmitting patient information to others. You warrant that you will comply with all applicable laws governing your retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of patient information. You are solely responsible for obtaining and maintaining any patient consents, if applicable, and all other consents or permissions required by law or advisable with respect to your retrieval, use, transmission, processing, receipt, reporting, disclosure or storage of patient information. You shall be solely responsible for your retrieval, use or misuse, transmission, processing, receipt, reporting, disclosure or storage of patient information.  Any content that is placed on the site by users which contains their own personal account, testimony or story that includes personal health information is considered “consent” as defined pursuant to the Health Insurance Portability and Accountability Act (“HIPAA”). Because obtaining written consent is replaced by acknowledging these Terms of Use, acknowledging the Terms of Use below also is giving your consent to any covered health information on our site.  Users are not allowed to post information covered by HIPAA relating to third parties without the third party’s consent.  By posting covered third party health information, User is acknowledging that the User has obtained permission to do so and further acknowledges obtaining permission to do so by agreeing to these Terms of Use.  Generic information posted about nondescript individuals does not require consent. 

Intellectual Property Rights

The Site and its contents are protected by copyright and other intellectual property laws. All title to, and intellectual property rights in, the Site and any content created by iMobileWellness is and will remain owned and controlled solely and exclusively by iMobileWellness. iMobileWellness does not own or control any content created by third parties and made available on the Site and cannot guarantee the accuracy of any content created by third parties. iMobileWellness reserves all rights in the Site and any related documents not specifically granted to you under this Agreement. Use of the Site does not grant you any rights to the trademarks, copyrights or patents belonging to iMobileWellness or any third parties.

Copyright

iMobileWellness respects the intellectual property rights of others and prohibits users of this site from uploading, posting or otherwise transmitting on the site any materials that violate another party’s intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material, block and/or terminate any accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on this site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent identified below.

Notification of Alleged Copyright Infringement

To notify iMobileWellness of content that infringes your intellectual property rights or is otherwise unlawful, please provide us with the following information:

  • Your name, address, telephone number and email address;
  • A brief description of the content that you claim either infringes your intellectual property rights or is otherwise unlawful, specifying which portions of the content you believe infringes your intellectual property rights, or are unlawful, and which parts you believe should be removed;
  • A description of the exact location of the allegedly infringing content on this Web site; and
  • (In the event you believe that the content in question infringes your intellectual property rights): A brief statement specifying the intellectual property rights you assert, and why the content in question infringes those rights; or
  • (In the event you believe that the content in question is otherwise unlawful): A statement specifying in detail which laws you believe are being breached, and why the Specified Content does so;

When we receive a notice that complies with the above requirements, we will evaluate the information you provide (including, if appropriate, forwarding the notice to, or otherwise contacting the source of the content in question), and if appropriate in our judgment, remove or disable access to the content in question. In such case, we may notify the source of the content in question of your complaint and our action taken. In some cases, if the source of the content in question provides us with information indicating that the content in question should not have been removed, we may reinstate the content.

You may want to seek the advice of independent legal counsel before filing a notice or responding to a notice filed by someone else.

Designated Agent

iMobileWellness LLC 2415 East Camelback Esplanade Suite 700 
Phoenix, AZ 85016
Telephone: 602.912.5759
Fax: 602.467.3274 
Email: info@imobilewellness.com

Please note that, for security reasons, attachments cannot be accepted. Accordingly, any notification submitted electronically with an attachment will not be evaluated.

Links to Other Sites

The Site and its content may contain links to Web sites operated by third parties. These links are provided solely for convenience and reference purposes only. The inclusion of any such link does not imply that we endorse the content of any Web site to which the Site provides a link, nor are we liable for your reliance on or use of any information or materials contained in them.

Disclaimer of Warranties

While efforts have been made to keep the Site’s content as accurate as possible, the Site’s content may contain inaccuracies. Therefore, we do not guarantee the reliability, accuracy, completeness or appropriateness of any information or content on the Site or make any representations about the results that may be obtained from the use of the information and/or content on the Site. The use of the information and content on the Site is at your own risk. THE INFORMATION AND CONTENT ON THE SITE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, AND WE DISCLAIM ANY EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IMOBILEWELLNESS CANNOT AND DOES NOT WARRANT THAT THE SITE WILL OPERATE WITHOUT INTERRUPTIONS, THAT IT WILL BE FREE FROM VIRUSES AND ERRORS, OR THAT THE DATA AND CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, RELIABLE OR CURRENT. NO ORAL, WRITTEN OR ELECTRONIC INFORMATION OR ADVICE GIVEN BY ANY PARTY SHALL CREATE ANY WARRANTY, TERM OR CONDITION WITH RESPECT TO THE SITE OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, TERMS OR CONDITIONS IN CERTAIN INSTANCES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

NO PARTY SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, EITHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, ARISING OUT OF THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, TERM OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY MISREPRESENTATION, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR ANY OTHER LEGAL THEORY ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR YOUR USE OF THE SITE (SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE SITE OR ANY ASSOCIATED EQUIPMENT OR DOCUMENTS, DOWN TIME AND USER’S TIME), EVEN IF ANY PARTY CONCERNED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF THE PARTIES SHALL BE LIMITED TO THE LESSER OF (i) THE AMOUNT PAID BY YOU TO USE THE SITE OR (ii) ONE DOLLAR ($1.00).

Damages Arising Out of Your Actions

You shall defend and hold the parties harmless from and against any and all liabilities, damages, costs, expenses or losses arising out of your use of the Site, your negligent or wrongful acts, your violation of any applicable laws or regulations, and/or your breach of any provision of this Agreement.

Termination of Access

You agree that iMobileWellness may, with or without cause, immediately terminate your access to the Site without prior notice. Without limiting the foregoing, the following may lead to a termination by iMobileWellness of a user’s access to the Site: (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated), and (d) unexpected technical issues or problems. Termination of your access includes removal of access to all offerings within the Site and may also bar you from further use of the Site. Furthermore, you agree that all terminations shall be made at iMobileWellness’s sole discretion and that iMobileWellness shall not be liable to you nor any third party for any termination of your account or access to the Site.

Severability Clause

To the extent the terms of any of iMobileWellness' policies or programs conflict with the terms of this Agreement, the terms of this Agreement shall prevail. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

Governing Law and Forum for Disputes

The existence of the Site is not intended and should not be construed to mean that we are conducting business in all states of the United States of America, or that we consent or submit to the personal jurisdiction of the state or federal courts in any state in the United States, except the State of Arizona. Any claim or action arising directly or indirectly from the use of the Site shall be construed in all respects under the laws of the State of Minnesota, exclusive of its choice of law or conflict of laws provisions.

Entire Agreement

This Agreement constitutes the entire agreement between you and iMobileWellness relating to the Site and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Site or any other subject matter covered by this Agreement. The headings in this agreement are for convenience and reference only and do not effect the interpretation of this Agreement.

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