Terms of Service

Effective as of January 2015

These Terms of Use govern access to and use of the various IHealthScience sites and their related information, services, software functionality, and materials.

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU” or the “USER”) AND IHEALTHSCIENCE, LLC AND IT PARENT AND AFFILIATED COMPANIES (“IHealthScience”) THAT APPLIES EACH TIME YOU USE OR ACCESS THE WEBSITES PROVIDED BY IHEALTHSCIENCE. YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (the or this “TOU”) AS THEY GOVERN YOUR ACCESS AND USE OF THE AVAILABLE INFORMATION, SERVICES, SOFTWARE FUNCTIONALITY, OR MATERIALS PROVIDED THROUGH AN IHEALTHSCIENCE WEB SITE OR PORTAL (collectively, as referenced herein, the “SITE”). IHEALTHSCIENCE IS WILLING TO LICENSE THE USE OF THIS SITE AND PROVIDE THE RELATED INFORMATION, SERVICES, SOFTWARE FUNCTIONALITY, OR MATERIALS TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOU. IF YOU DO NOT AGREE WITH THIS TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE AND ARE INSTRUCTED TO EXIT THIS SITE IMMEDIATELY.

Terms and Conditions

  1. LICENSE GRANT. This TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferable license to use the Site conditioned on your continued compliance with the terms and conditions of this TOU. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. The content layout, formatting, and features of and access privileges for the Site shall be as specified by IHealthScience in its sole discretion. You also acknowledge and agree to the following: (i) IHealthScience has the right to control and direct the means, manner, and method by which the Site is provided; (ii) IHealthScience may, from time to time engage independent contractors, consultants, or subcontractors to aid IHealthScience in providing the Site or use thereof; and (iii) IHealthScience has the right to provide the Site to others.
  2. RESTRICTIONS. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, photographs, or other audio, visual, or video elements from the accompanying text or material without the prior express written permission of IHealthScience and/or its licensor(s). Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site or to any IHealthScience server or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other User of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or IHealthScience’s systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person’s use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to IHealthScience on or through the Site, (viii) use the Site or any Forum (as such term is described below) to harvest or collect e-mail addresses or other contact information; or (ix) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact IHealthScience. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, INFORMATION, OR MATERIALS PROVIDED BY IHEALTHSCIENCE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
  3. USER OBLIGATIONS. By downloading, accessing, or using the Site in order to view any information and materials, register or enter into a transaction with or through IHealthScience for any reason, or submit information of any kind, you represent that you are at least eighteen (18) years of age or the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Site, including, without limitation, when you provide information via a Site registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, IHealthScience reserves the right to terminate immediately your access to and use of the Site. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site. You also acknowledge and agree that use of the Internet and access to the Site is solely at your own risk. While IHealthScience has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, IHealthScience is not responsible for the security of any information transmitted to or from the Site. You must make your own determination as to such issues. To use the Site, you cannot be a person barred from using such services under the laws of the United States or other applicable jurisdictions, including the country in which you reside or from where you use the Site. By accepting this Agreement, you represent that you understand and agree to the foregoing.
  4. PAYMENT TERMS. Use of the Site shall be on a royalty-free basis. IHealthScience, however, will be permitted to charge a fee(s) for use of the Site (or certain portions thereof) and shall indicate such applicable fee by providing you with notice thereof. In order to continue to use of the Site following IHealthScience’s notice that a fee will apply, you must pay the then-applicable licensee fee(s) (as designated by IHealthScience). Such fees are payable in advance and are non-cancelable if you continue use of the Site or the designated license renewal period begins without notice of termination. No more than once each calendar year thereafter, IHealthScience may increase fees for any subsequent license renewal period. Such fees do not include any applicable taxes and you shall remain responsible for and shall pay all taxes, duties, and levies of any kind imposed by any governmental entity with respect to the transactions contemplated under the Agreement (exclusive of taxes on IHealthScience’s net income). You shall provide copies of any and all exemption certificates to IHealthScience if you are entitled to any exemption. You shall not offset or reduce any amount owed to IHealthScience. All fees are in U.S. Dollars ($)and you shall use the payment method prescribed by IHealthScience or otherwise forward the payment of any fees (in U.S. Dollars) to IHealthScience at the address designated by IHealthScience. Use of credit card or other online payment method by you shall include a representation that you are authorized to use such card or payment method. Any dispute with a third party payment provider arising from purchase made by you shall be resolved directly by you and such third party payment provider. IHealthScience reserves the right to terminate or suspend access to the Site if you fail to pay any amounts when due.
  5. OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to the purchase of products or the use of software. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this TOU and other notices, terms, and conditions posted to the Site, IHealthScience shall resolve any conflict in good faith in its sole discretion but the latter terms shall generally control with respect to your use of that product or portion of the Site or the applicable software.
  6. PRIVACY POLICY. You understand, acknowledge, and agree that the operation of certain areas of the Site requires or involves the submission, use, and dissemination of various types of personally identifiable information. Please see IHealthScience’s Privacy Policy at http://iHealthScience.com/en/privacy.php for a summary of IHealthScience’s personal identifying information collection and use practices.
  7. USER NAME HANDLING POLICY. Registration as a User for access to certain areas of the Site may require both a user name and a password or adherence to other particular access requirements as designated by IHealthScience. Only one User can use one user name and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons, institutions, or entities because anyone with knowledge of both your user name and password can gain entry to the restricted portions of the Site and to your account. Accordingly, by using the Site, you agree to consider your user name and password as confidential information and to keep your user name and password confidential. You also agree not to use another User’s user name and password. You are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur under or through your account and you agree to immediately notify IHealthScience if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. IHealthScience cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. IHealthScience reserves the right to delete or change a user name or password at any time and for any reason. Notwithstanding the foregoing, nothing herein shall convey to you any further rights in your account or its information and any and all such content or information shall be subject to this TOU.
  8. Mobile Services. The Site may offer certain tools or services that are available to you via your mobile phone or other mobile device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Site and its Mobile Services shall be in accordance with this TOU.
  9. POSTINGS. This Site may contain blogs, message boards, comment areas, questionnaires, chat rooms, and other interactive features and functionality where Users can share and post information and/or photos, video, or audio. To the extent that the Site contains such communication forums (collectively, “Forums”), you agree that by using the Site you will not upload, post, display, or transmit any of the following materials on the Site’s Forums:
  • Anything that interferes with or disrupts the Site or the operation thereof,
  • Statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way violates the rights of others,
  • Unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
  • Statements or material that violates other contractual or fiduciary rights, duties, or agreements,
  • Statements or material that is bigoted, hateful, or racially offensive,
  • Statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
  • Statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
  • Statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
  • Statements or material that harms minors,
  • Statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of IHealthScience,
  • Statements or material that misrepresents your affiliation with any entity and/or IHealthScience,
  • Anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual,
  • Chain letters or pyramid schemes,
  • Statements or materials that are deceptive or misleading,
  • Statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials,
  • Statements or material that are “off-topic” for a designated Forum, and
  • Files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Site.
  1. PERMISSION TO USE POSTINGS. Forums are the resources and property of IHealthScience and/or its licensors and you will not have any proprietary interest in any Forum. Moreover, by submitting content or information of any type (a “Posting”) to a Forum or other portion of the Site or by otherwise using the Site to transmit or display a Posting, you automatically grant IHealthScience a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You represent that you have all necessary rights to make the Posting available to IHealthScience and a Forum, and you also acknowledge that such Postings are non-confidential for all purposes and that IHealthScience has no control over the extent to which any idea or information may be used by any party or person once it’s posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the Site IHealthScience has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, IHealthScience assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information.
  2. NO PRE-SCREENING OF POSTINGS. IHealthScience is not responsible for screening, policing, editing, or monitoring your or another User’s Postings and encourages all of its Users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to IHealthScience’s right and ability to delete or remove a Posting (or any part thereof), IHealthScience does not endorse, oppose, or edit any opinion or information provided by you or another User and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other User. Nevertheless, IHealthScience reserves the right to monitor, delete, or take other action with respect to Postings (or parts thereof) that IHealthScience believes in good faith violate this TOU and/or are, or are potentially, unlawful or harmful to IHealthScience or its affiliates, volunteers, services, or goodwill. If you violate this TOU, IHealthScience may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of the Site. Moreover, it is a policy of IHealthScience to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws. If you become aware of Postings that violate these rules regarding acceptable behavior or content, you may contact IHealthScience as provided below.
  3. COPYRIGHT; DESIGNATED AGENT FOR NOTIFICATION OF CLAIMS OF INFRINGEMENT. IHealthScience respects the intellectual property of others, and it asks its Users to do the same. Accordingly, it is IHealthScience’s policy to respond to a notice of alleged infringement that complies with U.S. Copyright Law, and in particular, the Digital Millennium Copyright Act. Responses may include removing or disabling access to content or material claimed to be the subject of infringing activity and/or terminating your right to access and use the Site. But, you acknowledge that you may be liable for damages, including attorneys’ fees and costs, if you materially misrepresent that a work or activity is infringing your rights. If IHealthScience terminates or suspends a User’s access to or use of the Site, IHealthScience will make a good-faith attempt (as warranted) to contact the person who posted the content so that they may make counter notification pursuant to applicable laws. It is IHealthScience’s policy to document all notices of alleged infringement upon which IHealthScience decides to take action. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make such notice available to the public. If you believe that one or more of your works have been copied in a way that constitutes copyright infringement, please provide a written notice of your claim of copyright infringement that is directed to IHealthScience’s designated agent as specified below along with the following information:
  • A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
  • A description, in reasonable detail (including any applicable URL address), of the copyrighted work that you claim has been infringed;
  • A description, in reasonable detail, of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your written notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  • Designated Agent: IHealthScience, LLC, Attn: DMCA Complaints, 19900 MacArthur Blvd., Suite 900, Irvine, CA 92612 ((fax) 949-756-8870, Attn: DMC Complaints).

Counter notification, as permitted by applicable law and, in particular, the Digital Millennium Copyright Act, may be sent to the IHealthScience’s Designated Agent. All counter notifications must include responsive information to what is set forth above including any required statements or signatures.

  1. PROPRIETARY RIGHTS. This TOU provides only a limited license to access and use the Site. Accordingly, you expressly acknowledge and agree that IHealthScience transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else. All text, graphics, headers, icons, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML, CSS, XML, and JavaScript code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by IHealthScience and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, IHealthScience does not grant any other express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. This Site is Copyright © 2013 IHealthScience, LLC and/or its licensors. All rights reserved. IHealthScience also owns a copyright in the contents of the Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site. IHEALTHSCIENCE, Zenrise, Inkpond, ChiKuu and Phytter are registered trademarks of IHealthScience, and all other names, designs, logos, and icons identifying IHealthScience and its programs, applications, products, and services are proprietary trademarks of IHealthScience, and any use of such marks, including, without limitation, as domain names, without the express written permission of IHealthScience is strictly prohibited. Other product, association, organization, and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
  2. FEEDBACK AND SUBMISSIONS. IHealthScience welcomes your feedback and suggestions about IHealthScience’s programs or services or with respect to how to improve the Site. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to IHealthScience, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to IHealthScience and enable IHealthScience to use such feedback. In addition, any feedback received through the Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for IHealthScience to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
  3. THIRD-PARTY PRODUCTS/SERVICES. IHealthScience, in its sole discretion, may feature and/or post the advertisements of third parties on the Site and/or feature on the Site materials, programs, products, and services provided by third parties. IHealthScience makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the Site are solely between you and such third party. Accordingly, IHealthScience expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Site, and you agree that IHealthScience shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Site.
  4. LINKS TO OTHER SITES. IHealthScience may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and/or services. These sites have not necessarily been reviewed by IHealthScience and are maintained by third parties over which IHealthScience exercises no control. Accordingly, IHealthScience expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
  5. DISCLAIMER. THE INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, IHEALTHSCIENCE MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE PRODUCTS, SOFTWARE, MATERIALS, AND INFORMATION AVAILABLE ON THIS SITE AT ANY TIME AND FOR ANY REASON. IHEALTHSCIENCE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE PROGRAMS, SERVICES, PRODUCTS, SOFTWARE, MATERIALS, AND INFORMATION AVAILABLE ON THIS SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS (TO THE FULLEST EXTENT OF THE LAW) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. IHEALTHSCIENCE ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THIS SITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY MESSAGE, FILE, AND/OR INFORMATION WILL BE STORED, ARCHIVED, OR DOWNLOADED FROM THE SITE IN A MANNER FREE OF VIRUSES OR CONTAMINATION OR OTHER DESTRUCTIVE FEATURES.
  6. LIMITATION OF LIABILITY. You expressly absolve and release IHealthScience from any claim of harm resulting from a cause beyond IHealthScience’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL IHEALTHSCIENCE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE, THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE THROUGH THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF IHEALTHSCIENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF IHEALTHSCIENCE FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO IHEALTHSCIENCE IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $2,500 (US), WHICHEVER IS LESS.
  7. INDEMNITY. You agree to defend, indemnify, and hold harmless IHealthScience and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of this TOU or relating to any payment dispute with a third party provider arising from a purchase or incurrence of fees made by you.
  8. GOVERNING LAW. This TOU has been made in and will be construed and enforced in accordance with the laws of the State of California as applied to agreements entered into and completely performed in the State of California. You agree to the personal jurisdiction by and venue in the state and federal courts in the State of California and waive any objection to such jurisdiction or venue. Any claim you might have against IHealthScience must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. IHealthScience makes no representation that the Site is appropriate or available for use in other locations, and access to the Site from states, territories, or nations where any aspect of the Site is illegal is prohibited. You access the Site on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Site. A printed version of this TOU and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact IHealthScience if you wish to receive a printed copy of this TOU. In any legal proceeding brought by IHealthScience, IHealthScience shall have the right to seek and be awarded all reasonable attorneys’ fees and costs in addition to any other relief, at law or in equity, to which IHealthScience may be entitled.
  9. ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. IHealthScience reserves the right to take steps IHealthScience believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this TOU such as view, monitor, and record activity on the Site without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the Site. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Site as well as to disclosures required by or under applicable law or related government agency actions. IHealthScience will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, IHealthScience reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Site, or any portion of the Site in order to protect the Site, IHealthScience, or IHealthScience’s business.
  10. INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of IHealthScience proprietary assets, will cause irreparable injury to IHealthScience, such injury would not be quantifiable in monetary damages, and IHealthScience would not have an adequate remedy at law. You therefore agree that IHealthScience shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that IHealthScience post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to IHealthScience to enforce any provision of this TOU.
  11. TERM AND TERMINATION. This TOU will take effect at the moment you click “ACCEPT”, register, respond to a request for information, and/or begin downloading, accessing, or using the Site, whichever is earliest. IHealthScience reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to the Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other Users, and this TOU will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this TOU at any time by ceasing to use the Site, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Site will reapply this TOU (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The provisions concerning IHealthScience’s proprietary rights, feedback and submissions, indemnity, disclaimers of warranty and liability, admissibility of this TOU, waiver and severability, entire agreement, and governing law will survive the termination of this TOU for any reason.
  12. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by IHealthScience of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
  13. ENTIRE AGREEMENT. No joint venture, partnership, employment, affiliate, or agency relationship exists between you and IHealthScience as result of this TOU or your utilization of the Site. This TOU and IHealthScience’s Privacy Policy represent the entire agreement between you and IHealthScience with respect to use of the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and IHealthScience with respect to the Site. You may not assign or transfer any rights under this Agreement without the prior written consent of IHealthScience. Please note that IHealthScience reserves the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or e-mailing notice thereof to you. In addition, IHealthScience may add, modify, or delete any aspect, program, or feature of the Site, but IHealthScience is not under any obligation to add any upgrade, enhancement, or modification. You agree that IHealthScience shall not be liable to you or any third party for any modification or cessation of the Site. Your continued use of the Site following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review the TOU found at this location on a periodic basis.
  14. QUESTIONS. If you (i) have questions or comments regarding the Site, (ii) are interested in obtaining more information concerning IHealthScience and its programs or services, (iii) want permission to use any IHealthScience content, or (iv) are aware of or wish to report misuse of the Site or IHealthScience materials by any person or entity, please contact IHealthScience at IHealthScience, LLC, Attn: Client Support, 19900 MacArthur Blvd., Suite 900, Irvine, CA 92612.