TERMS OF USE

Last Updated: August 9, 2024

BY ACCESSING OR USING THE SITE OR THE SERVICES, YOU AGREE TO THESE TERMS OF USE, AS MAY BE UPDATED FROM TIME TO TIME. PLEASE READ THEM CAREFULLY. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE SITE OR ANY OF THE SERVICES. YOU MUST BE 18 YEARS OF AGE OR OLDER TO ACCESS OR USE THE SITE. BY USING THE SITE, YOU REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER. IF YOU USE THE SITE AS THE PARENT OR LEGAL GUARDIAN ON BEHALF OF A MINOR, YOU WILL BE FULLY RESPONSIBLE FOR COMPLYING WITH THESE TERMS OF USE.

THIS SITE, ITS INFORMATION AND ANY OFFERED SERVICES DO NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN OR QUALIFIED HEALTHCARE PROVIDER. THIS SITE AND THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR MENTAL HEALTH CRISIS, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT ACCESS THE SITE OR USE THE SERVICES FOR EMERGENCY OR CRISIS CARE. THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION. UNLESS YOU TIMELY OPT-OUT OF ARBITRATION IN ACCORDANCE WITH THESE TERMS, YOU AGREE THAT DISPUTES BETWEEN YOU AND US ARISING OUT OF OR RELATED TO THESE TERMS OF USE, OR YOUR USE OF THE SITE OR THE SERVICES WILL BE RESOLVED BY BINDING, FINAL ARBITRATION. YOU FURTHER WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Introduction

These Terms of Use ("Terms of Use") are applicable to your access and use of the websites located at www.ifgmd.com (collectively, the "Site") and any materials, information, products or services provided through the Site (collectively, the "Services"). The Site and Services are operated by or on behalf of TE MARKETING SOLUTIONS LLC and its owners and affiliates (collectively "Company," "our," "us," or "we") or contracted by or to Company and provided by a third party (collectively "Third Parties").

Your access to and use of the Site and the Services are subject to the terms, conditions and notices contained in or referenced in these Terms of Use, as well as any other written agreement between us and you, and applicable law. In addition, when using particular Services on the Site, you will be subject to any posted rules applicable to those Services that may contain additional terms and conditions. We may revise these Terms of Use and any additional terms and conditions at any time, and such revisions will take effect immediately upon posting on this Site, unless we state otherwise. Please check this Site periodically for updates.

Privacy Policy

Our Privacy Policy, located at www.ifgmd.com/privacy, is made a part of these Terms of Use and is incorporated herein by reference. By accepting these Terms of Use, you agree to our collection, use and disclosure of information as described in these Terms of Use and/or the Privacy Policy, both of which may be modified from time to time.

MEDICAL DISCLAIMERS: Not Medical Advice

By requesting a consultation for professional services with a provider through the Site, you are requesting to enter into a clinician/patient relationship with a licensed provider ("Provider"), who will be solely responsible for the provision of professional medical services. You will only receive care once a bona fide clinician/patient relationship with a professional is established by mutual acceptance. You agree that you will be financially responsible for the Provider's professional services.

We make no representation or warranty as to the content or quality of any treatment decision, recommendation or response from any Provider. Providers utilize the Site to connect with you. Providers do not render services on behalf of Company. You and the Provider are solely responsible for all information and/or communication sent during a telephone or web video consultation, secure email or other communication, and the subsequent result. We do not make any representation that a telephone or web video consultation or secure e-mail is the appropriate course of treatment for your particular health care situation or needs. You acknowledge and agree that this Site is not a replacement for your existing relationship with your physician or healthcare provider. You will contact your physician immediately should your condition change or your symptoms worsen. If you require emergency care, you will contact your local emergency services immediately.

Company makes certain general educational resources available to you and facilitates your access to telehealth and pharmacy services. Any content or information provided by us or accessible through the Site and Services (collectively, "Content") is for informational and educational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Our Service(s) and Content are not intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment or prevention of any condition or disease. Our Services do not and are not intended to constitute the practice of medicine or any other licensed profession, and do not create a patient-provider relationship between you and the Company.

Company is independent from the Providers who render telehealth services and we are not responsible for such Providers' acts or omissions or for any content of the communications made by them. We do not engage in the practice of any licensed profession. By accepting the Terms of Use and/or using the Site and Services, you acknowledge and agree that Company does not provide professional medical services, is not a healthcare provider, does not hire healthcare providers and that by using the Site and Service, you are not entering into a provider-patient relationship with Company.

You further understand and agree that after reviewing your personal information, the healthcare provider, in their independent professional judgment, will determine whether to prescribe medication, other treatments or, alternatively, recommend that you consult with an alternative clinical resource. We do not recommend or endorse any specific prescription drug, product, healthcare provider or pharmacy that may be mentioned on the Site. Reliance on any information provided by us, our employees or Third Parties is solely at your own risk.

Our Services

Telehealth Consultations and Related Services: We provide a technology platform that allows you to access telehealth services, which is a mode of delivering healthcare services via communication technologies (e.g., Internet or cell phone) in order to facilitate diagnosis, consultation, treatment, education, care management and self-management of a patient's healthcare (collectively, "Telehealth Services"). Before engaging in Telehealth Services, you must first agree to the Telehealth Services Consent Form. The Telehealth Consent Form can be found at www.ifgmd.com/telehealth, and its terms and conditions are incorporated herein by reference.

There is no guarantee that a patient will be treated by a Provider. As determined by the Provider, telehealth care or specific treatments may not be appropriate for each patient. Each Provider reserves the right to deny care for any reason if, in the professional judgment of the provider, the provision of Services is not medically or ethically appropriate. There is no guarantee that a patient will be issued a prescription or that the decision of whether a prescription is appropriate will be made in the professional judgment of the Provider.

Pharmacy and Fulfillment Services: Company does not guarantee a prescription will be issued by a Provider. It is up to the Provider to recommend the best treatment for you. If a Provider determines a prescription product is appropriate for you and issues a prescription, you will receive information about your options for filling the order. You, as the patient, have the ability to direct your prescription to any pharmacy of your choosing. However, certain preferred pricing may only be available at participating pharmacies, and Company will not be responsible for any additional costs that you incur by selecting a different pharmacy. Please email admin@ind.iqs.temporary.site if you would like to use your own pharmacy before completing your order.

Third-Party Service Providers. You acknowledge and agree that certain Services or aspects of the Services may be provided by Third Parties, including Telehealth Services or fulfillment of prescriptions by pharmacies. We do not guarantee the quality of the Telehealth Services or products offered by any Third Party, including but not limited to any pharmacy, medical provider or vendor, and we specifically disclaim any and all liability for the Telehealth Services and products offered or provided by any Third Party. Our Site and Services do not constitute advice on how to manage your overall prescription drug costs or your health. Please note that we have no control over how your medication is provided.

Restrictions

The Site and the Services may be used only for your personal, non-commercial use. Use of the Services is voluntary. You will comply with all applicable laws, rules, statutes, ordinances and regulations regarding your use of the Site and the Services. We reserve the right to disable or modify the Site or the Services, or any specific features or functionality thereof, for any reason and at any time, without notice or liability to you.

When using the Site and the Services, you will not (a) take any action that interferes with the proper working of the Site, compromises or circumvents the security of the Site or the Services or otherwise damages the Site or any materials and information available through the Site; (b) use the Site or the Services to solicit the performance of any illegal activity or other activity that infringes upon or violates our rights or the rights of others; (c) attempt to gain unauthorized access to any portion or feature of the Site or the Services, to any other systems or networks connected to the Site or to any of our servers or to any of the Services offered on or through the Site, including but not limited to by hacking, password mining or any other unauthorized means; (d) probe, scan or test the vulnerability of the Site or any network connected to the Site; (e) attempt to breach the security or bypass the authentication measures on the Site or any network connected to the Site; (f) upload or transmit any viruses, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment to the Site; (g) use the Site or the Services in any way where the purpose is to reveal any information, other than your own information, or the information of a person in which you are legally authorized under applicable law to manage his or her care (such as a child or parent), or information that we make available to you through the Site; (g) use any automated means to collect information or content from or otherwise access the Site, including but not limited to through the use of technical tools known as robots, spiders or scrapers, without our prior permission; or (h) create or develop competing products or services or for any other purpose that is to our detriment or disadvantage.

At all times, you must (a) provide accurate and current information; (b) maintain and promptly update such information to keep it accurate and current; and (c) be financially responsible for your use of the Site and its Services. You must not provide information that attempts to impersonate another individual.

You agree that we may at any time, and at our sole discretion, terminate your access to the Site without prior notice to you for violating any of the above provisions.

Payments

You agree to pay all fees due for Services that you elect, pursuant to all payment terms presented to you when engaging in each transaction. Prices are subject to change at any point in our sole discretion. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have.

By entering your payment information and submitting your request, you authorize Company or our Third-Party service providers or payment processors to charge the amount due and to retain credit card information to be used as a form of payment for fees incurred, including for late cancellations, missed appointments, returned checks, failed payments, past due account balances, fees associated with subsequent medical services and/or recurring or subscription payments. Company may, in its sole discretion, use Third Parties to collect and process your payment, including DirectRx.AI Technologies LLC.

You understand and agree that you are responsible for all fees due to receive the selected Services, and any other products or services you elect in connection with the Services. There may be certain services, like lab fees or other providers that you engage with through Third Parties, that are not covered by the prices quoted to you by us. You may be separately charged by the applicable healthcare organization(s) and/or provider(s) for such services. In the event that your credit card expires or we or our Third-Party service providers or payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. We and/or our Third-Party providers have no obligation to provide any Services to you unless and until full payment has been received and/or verified. You are responsible for keeping your payment information (such as credit card number and billing address) accurate and up to date at all times.

Certain products or aspects of the Services may be offered on a subscription or recurring basis ("Subscription Services"). For Subscription Services, your payment method will be automatically charged at regular intervals as described during the checkout process for the applicable Subscription Services. You may cancel any or all Subscription Services at any time pursuant to the applicable terms of such Subscription Services by sending us an email at admin@ind.iqs.temporary.site. You will continue to have access to the Subscription Services through the end of your applicable billing period.

NOTICE: We do not accept commercial health insurance plans, we are not in-network with any commercial health insurance plans and we are not enrolled with federal or state healthcare programs, such as Medicare and Medicaid. By choosing to use the Services, you understand that you are obtaining products and services on a cash-pay basis. Thus, you are solely responsible for the costs of any Services or products provided to you through the Services. Accordingly, you will not submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Services.

EXCEPT AS OTHERWISE SET FORTH IN ANY RETURN OR REFUND POLICY PROVIDED TO YOU, YOU ACKNOWLEDGE AND AGREE THAT DUE TO THE NATURE OF THE PRODUCTS AND SERVICES FACILITATED THROUGH THIS SITE, ANY APPLICABLE FEES AND OTHER CHARGES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT.

User Data

You acknowledge and agree that certain Services provided through the Site depend on information that you input into the Site. We are not responsible for the quality or accuracy of such information or the Services provided as a result of any inaccurate or incomplete information provided by you. Except as provided in the applicable Privacy Policy or as required by applicable privacy laws and regulations, any information that you provide to the Site or through the Services, including, but not limited to, your answers to any questions posed on the Site and any other data, communications, comments or suggestions or other feedback that you submit will be treated as non-confidential and non-proprietary and will become the property of Company or its Third-Party service providers (all such content and data, the "User Data"). Except as provided in the Privacy Policy or as required by applicable laws, User Data may be used by Company and its Third-Party service providers for any purpose, including payment collection, solicitation, disclosure, transmission, publication, broadcast, reproduction and posting, without compensation to you. Subject to the Privacy Policy and applicable laws, you hereby grant us, our Third-Party service providers and our successors and assigns a non-exclusive, royalty-free, transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, make derivative works of and otherwise disclose any such User Data for any purpose, including providing the Services to you, marketing the Services, creating or improving the Services or the Site, complying with applicable laws or enforcing these Terms of Use, our Privacy Policy or other contracts with you. We may also use or disclose User Data to the extent necessary or helpful to protect Company, including fraud protection or spam or malware detection and prevention.

You understand that the uploading of information to your personal computer or mobile device in connection with the Site and submitting information to the Site is at your own risk and that we are not responsible for unauthorized access to or use of any personal or other information. You understand that the security and safety of your computers and devices are your sole responsibility.

Electronic Communications

We may allow you to request and receive information and coupons via electronic communications including, but not limited to, text messaging and email. When you use the Site or the Services or send text messages or email to us, you are communicating with us electronically. By using the Site and the Services and/or requesting pricing and other information and coupons from us, you are consenting to be contacted with prescription-related information and to receive communications from us electronically by SMS or text messages, emails or by posting notices to the Site. You acknowledge that texting and email are not secure methods of communication and that there may be some risk that the information in the communication(s) could be read by an unauthorized third party. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing. Moreover, you agree that you are responsible for all phone and data charges you incur through the use of the Site or the Services.

Accounts and Security

You may be required to create an account to access and use certain parts of the Site and/or the Services. You will provide information that is accurate, complete and correct, and you will update such information as necessary from time to time. You will not allow another person to use your account and you will keep your account credentials confidential at all times. You are responsible for all activities that occur under your account. You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else's account at any time. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.

Intellectual Property

All content included in, or made available through, the Site or the Services, such as text, graphics, logos, designs, data, button icons, images, audio clips, digital downloads, data compilations, specialized content, technical data, documentation, information, resources, materials, know-how and software, along with the compilation of such content, (collectively, the "Site Content") is the property of Company or its content suppliers, is protected by United States and international copyright laws and may be subject to other intellectual property protections, including patent and trademark rights. You may not (a) modify any of the Site Content accessed by you or provided to you through the Site or the Services; (b) copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from the Site Content, the Site or the Services; (c) use the Site Content to create competing website or service; or (d) transfer or sell any Site Content without the express written permission of Company in each instance. Except as authorized under applicable laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Site. The Site, the Site Content and all related rights will remain the exclusive property of Company or its licensors unless otherwise expressly agreed.

All graphics, icons, logos, design marks, trade names and service names may constitute the registered or otherwise protected trademarks or service marks of Company or its Third-Party service providers, as applicable. All other trademarks or service marks are the property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo and/or the name of Company or its Third-Party service providers.

Marketing and Third Parties

Regardless of whether you have chosen to opt out of certain marketing offers from us, by using the Site and the Services, you agree that we may market our Services and the services of other Third Parties on the Site, including through the use of banner ads, hyper-links and other similar marketing devices. Services and products offered will be at our sole discretion and may be provided by us and/or Third Parties. Such Third Parties are solely responsible and liable for the provision of or failure to provide stated services, benefits or products. We do not legally endorse or guarantee products or services provided by Third Parties.

Our Site may include links to external Third-Party websites and online services that are not under our control. We are not responsible for the collection, use and disclosure of your information on those websites and other online services provided by those Third Parties. We encourage you to review the privacy policies and terms of use applicable to each such Third-Party website and other online services you visit. The inclusion of links to external Third-Party websites and online services does not imply endorsement of, or association with, such websites and online services by us, or any warranty of any kind, either express or implied.

Please be aware that Company or its shareholders, directors, officers, employees, contractors or agents may have a financial interest in one or more Third Party service providers and may receive compensation from your use of the Third Parties or their goods and services.

Any disputes between you and other users of this Site or any Third Parties are not the responsibility of Company.

Disclaimer of Warranties

WE PROVIDE ACCESS TO THE SITE AND SERVICES, INCLUDING SERVICES PROVIDED BY THIRD PARTIES, "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SITE AND THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THE SERVICE OR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING ANY SERVICES OR PRODUCTS PURCHASED THROUGH THE SITE OR THE SERVICES OR THROUGH HYPERLINKED SITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

WE DO NOT WARRANT THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE SERVICES OR THE CONTENT AND MATERIALS AVAILABLE THROUGH THE SITE AND SERVICES. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, ALERT, NOTIFICATION OR OTHER MATERIAL OR DATA DISPLAYED OR UPLOADED OR DISTRIBUTED THROUGH THE SITE AND/OR SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE AND SERVICES. WE DO NOT GUARANTEE OR WARRANT THAT THE SITE AND/OR SERVICES OR CONTENT OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SITE OR THE SERVICES DO NOT CONTAIN VIRUSES, WORKS, TROJAN HORSES OR OTHER DESTRUCTIVE MATERIALS, AND WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTED TO SUCH FEATURES. IF YOU RELY ON THE SITE AND/OR THE SERVICES AND ANY CONTENT AND MATERIALS AVAILABLE THROUGH THE SITE AND THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK.

WE ARE NOT RESPONSIBLE FOR ANY THIRD-PARTY SERVICES OR CONDUCT OF PROVIDERS OF THIRD-PARTY SERVICES. BY USING THIRD PARTY SERVICES, YOU HEREBY WAIVE AND RELEASE ANY CLAIMS AGAINST US FOR ANY AND ALL RESPONSIBILITY OR LIABILITY TO ANY DAMAGE, OR ANY OTHER CLAIM, THAT MAY ARISE FROM OR IN CONNECTION WITH YOUR USAGE OF THE THIRD-PARTY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USE OF THE SITE AND THE SERVICES OR INFORMATION, AND HYPERLINKED SITES. SERVICES AND INFORMATION PROVIDED BY HYPERLINKED SITES OR THIRD PARTIES MAY BE SUBJECT TO THE ADDITIONAL TERMS AND CONDITIONS OF THOSE PROVIDERS.

Limitations of Liability

WE CANNOT AND DO NOT ASSUME ANY LIABILITY FOR UNAUTHORIZED OR FRAUDULENT USE OF, THE SITE AND SERVICES. BY ACCESSING THE SITE AND SERVICES, YOU AGREE TO HOLD HARMLESS AND WAIVE ALL CLAIMS AGAINST US AND OUR RELATED PARTIES AND THIRD PARTIES REGARDING THE INFORMATION PROVIDED AND YOUR USE OF IT. IN ADDITION, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WE OR OUR RELATED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES – EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES – OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL OR DOWNTIME, (HOWEVER ARISING IN TORT, CONTRACT OR OTHERWISE) REGARDLESS OF OUR NEGLIGENCE OR WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER TORT, CONTRACT OR OTHERWISE) EXCEED IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF COMPANY AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES AND COSTS (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS; (B) YOUR MISUSE OF THE CONTENT, SITE OR SERVICES; (C) YOUR ACTS OR OMISSIONS, WHETHER OR NOT THEY RISE TO THE LEVEL OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; AND (D) YOUR BREACH OF THESE TERMS OF USE OR ANY OTHER TERMS APPLICABLE TO THE SERVICES OR THE SITE. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).

Changes to These Terms of Use

We reserve the right to modify these Terms of Use, in whole or in part, at our own discretion at any time. Modifications will be effective immediately upon the linking of modified Terms of Use to the Site. Please check the "Last Updated" date on this page to determine if these Terms of Use have been modified since you last reviewed them. Your continued use of the Site or the Services after that date means you agree to the updated Terms of Use.

Access or Use Outside the United States

Although the Site may be accessed by any user worldwide, the Site and Services are intended only for use by United States residents and therefore may not comply with legal requirements of foreign countries. Users residing outside of the United States and its territories are not permitted to register or to use the Services, and, if you access the Site from outside of the United States, you do so at your own risk and you are solely responsible for compliance with local laws, including export control laws.

Termination; Survival

These Terms of Use will remain in force so long as you use the Site and the Services. The Terms of Use will terminate when you discontinue use of the Site and the Services. Upon termination or cancellation, your rights of participation in the Services will automatically terminate, and you must immediately stop use of the Site and the Services. We may terminate or suspend any of the rights granted by these Terms of Use and your access to or use of the Services with or without prior notice and for any reason, including for violations of these Terms of Use or any other terms between you and us. Any sections of these Terms of Use that by their nature are intended to survive, will survive termination or cancellation.

Governing Law

These Terms of Use are to be governed by and construed in accordance with the laws of the State of New York, exclusive of its choice of law rules.

Binding Arbitration

If you have an issue or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this Section. You agree to give Company an opportunity to resolve any Disputes (as defined below) informally by contacting us at admin@ind.iqs.temporary.site. If we are not able to resolve your Dispute within sixty (60) days after the day we confirm receipt of your written notice, you may seek relief through final, binding arbitration, as set forth below.

Except as specifically stated in this Section, any dispute, claim or controversy between you and Company and/or any of its shareholders, officers, directors and employees (collectively, the "Company Entities") arising out of, relating in any way to, or in connection with the Terms of Use, the Site or your use of the Site or the Services or your User Data, including those that arose before you accepted these Terms of Use (collectively, the "Disputes"), will be resolved exclusively by final, binding arbitration. By virtue of this Section, you and Company are each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in these Terms of Use). The provisions of this Section will constitute your and Company's written agreement to arbitrate Disputes under the Federal Arbitration Act (9 U.S.C. § 1 et seq.) ("FAA"), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver set forth in these Terms of Use. State arbitration laws do not govern in any respect. Further, you and Company each agree that the Terms of Use evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.

To begin an arbitration proceeding after complying with the informal dispute resolution provisions described above, you must submit file an arbitration claim to be resolved through arbitration administered by the American Health Law Association ("AHLA") Dispute Resolution Service and conducted pursuant to the AHLA Rules of Procedure for Arbitration, which can be found at americanhealthlaw.org. You must also give notice to Company via email at admin@ind.iqs.temporary.site.

If you commence an arbitration in accordance with these Terms of Use, you will be required to pay half of AHLA's filing fee. You will not be responsible for paying any other fees for the arbitration, other than your portion of the filing fee; all other fees or expenses charged by AHLA will be paid by us (unless the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose). Further, if AHLA determines that you are unable to pay any part of the filing fee, we will pay that part too.

The following rules and procedures will apply to any arbitration proceeding brought under these Terms of Use:
- Any arbitration will be administered by relevant rules of the AHLA, except as modified by these Terms of Use.
- The arbitration will be conducted by a professional arbitrator(s) with substantial experience in resolving similar disputes. The arbitrator(s) will be selected pursuant to AHLA's standard process.
- Unless applicable law provides otherwise, the arbitration proceeding and all records pertaining to it—including but not limited to any documents prepared or produced in connection with the arbitration proceeding, as well as the hearing and the arbitration award—will be confidential and will not be disclosed to any third party, except as necessary to obtain court confirmation of the arbitration award.

Any question or matter of arbitrability of a Dispute will be determined by the arbitrator(s) assigned to, or chosen for, the Dispute. For clarity, this means any determination of whether a Dispute will be governed by arbitration will be determined solely by the arbitrator(s) and not in a court of law or other judicial forum. Company and you agree and acknowledge that they are waiving their right to seek a determination of arbitrability in a court of law or other judicial forum.

If you do not wish to resolve Disputes by binding arbitration as set forth in this Section, you may provide us with written notice of your election to opt-out by emailing admin@ind.iqs.temporary.site within ten (10) days of your first visit to this Site. If your opt-out notice is timely received, you agree that any Disputes will instead be exclusively brought in and decided by the state and federal courts located in New York County, New York.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

Jury Trial Waiver

You and Company each acknowledge and agree that, if for any reason a Dispute proceeds in court rather than in arbitration, each party waives any right to a jury trial.

No Class Actions

YOU AGREE THAT YOU MAY ONLY BRING CLAIMS AGAINST COMPANY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree in writing, the arbitrator(s) may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Time Limitation on Claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU MUST COMMENCE A DISPUTE AGAINST COMPANY BY DELIVERY OF A NOTICE OF ARBITRATION OR COMMENCE A LAWSUIT WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE DISPUTE OCCURS, OR YOU AGREE THAT IT WILL BE FOREVER BARRED.

Equitable Relief

You agree that any violation, or threatened violation, by you of these Terms of Use will cause Company irreparable and unquantifiable harm. You agree that monetary damages would be inadequate for such harm and consent to our seeking injunctive or equitable relief. These remedies are in addition to any other remedies Company may have at law or in equity. Moreover, Company may pursue such equitable relief in any court of competent jurisdiction.

Severability

If an arbitrator or legal authority determines that any part of these Terms of Use is illegal or unenforceable, then such part will be eliminated or adjusted accordingly, and the remaining terms will remain in force and effect and continue to apply to your use of the Site and Services.

Entire Agreement

These Terms of Use and any other terms or policies expressly incorporated herein by reference constitute the entire agreement between Company and you pertaining to your use of the Site and your use of the Services and supersede all prior agreements, representations and warranties, both written and oral with respect to the Site or the Services.

Operation of the Site

We reserve the right to do any of the following, at any time, in our sole discretion, with or without notice and without any liability to you: (a) modify, suspend or terminate operation of or your access to the Site or the Services, or any portion of the Site or the Services, including but not limited to for your violation of these Terms of Use; (b) modify or change the Site or the Services, or any portion thereof; and (c) interrupt the regular operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the Site.

Digital Millennium Copyright Act ("DMCA") Notice

In operating the Site, we may act as a "services provider" (as defined by DMCA) and offer services as an online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available while using the Site. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. We have adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of TE MARKETING SOLUTIONS LLC or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of these Terms of Use. If you believe any material available on or through the Site or Services infringes, specifically or generally upon a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. § 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing upon said copyright and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is admin@ind.iqs.temporary.site.

Contact Us

If you have any questions or concerns about the Site, the Services or these Terms of Use, please contact us at admin@ind.iqs.temporary.site.