This website, www.icontrolmyhealth.org, (collectively referred to as the "Site" in these Terms of Service) is owned and operated by IControlMyHealth, Inc. ("we", "us" or "IControlMyHealth, Inc."). Services related to or offered on our Site (hereinafter, the "Services") may include, without limitation, medical information, treatment, guidelines, personalized data storage, health tools, applications, email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, reminders, tests, and downloadable mobile applications. By using and accessing our Site, you ("you", "user" or, "end user") agree to these Terms of Service (collectively, the "Terms of Service" or "Agreement").
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THIS SITE.
The Site and Services offer disease specific medical, general health, conventional treatment, complementary and alternative medicine (CAM), fitness, and nutrition related information, but are designed for non-commercial, informational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis or treatment. If you have any concerns or questions about your health or the content on the Site or Services, always consult with your physician or health care professional. You should not ignore or delay obtaining medical or health related advice from your health care professional because of something you may have read on the Site or through our Services. The use of any information provided on our Site or through the Services is solely at your own risk. Nothing stated or posted on the Site or available through any Service is intended to be, and must not be taken to be, the practice of medicine or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, CAM (such as yoga, acupuncture, acupressure, chiropractic techniques, ayurveda, homeopathy, etc.), nutrition, fitness counseling or providing health care treatment, instructions, diagnosis, prognosis or advice. Developments in medical research may impact the health, fitness and nutritional topics discussed on our Site or through the Services and no assurance can be given that the information contained in the Site or the Services will always include the most recent findings or developments with respect to the particular material. Your access or use of the Sites and the Services does not create in any way a physician-patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our Licensors. We do not recommend or endorse any specific tests, health center, physicians, therapists, clinics, procedures, opinions, products or other information that may appear on the Site or Services. If you rely on any of the information provided by this Site or the Services, our employees, or guests or visitors to the Sites, you do so solely at your own risk.
User Obligations You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Site and Services. You also acknowledge and agree that your use of the Internet and access to the Sites is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/ from a Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, IControlMyHealth is not responsible for the security of any information transmitted to or from the Site. IControlMyHealth reserves the right to prohibit or terminate use of or access to the Site at any time, without notice, for any reason whatsoever.
Message Boards, Chat Rooms and Posting Guidelines IControlMyHealth hosts message boards, chats and other public discussion forums on its Site and through the Services. Message boards, chats and other public discussion forums are intended to serve as discussion centers for users and subscribers of the Sites. These are public forums and any information that you post on the Sites or through the Services may be seen by anyone on the Internet. All users will have the ability to edit or delete their own posts after it has already been posted. When posting information on the Sites or through the Services, use good judgment and common sense when discussing sensitive topics. Both users and moderators are required to treat others with respect and honesty. Be fair and informative. Post honest and valuable information and don't post rumors or negative opinions that are not supported by facts. Unless the information in your post arises directly from your personal experience, references to any health-related or medical information you provide must be included in your post. In addition to the prohibited activities described above, when posting information and media on the Site or through the Services you must not:
Commercial Transactions Certain products or services may be offered for sale on the Site or through the Services. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by IControlMyHealth or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number, and credit card information. You agree to provide us or such third party with the foregoing information as well as any other mandatory information. You agree that any such information provided shall be accurate, complete and current. You agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. By providing IControlMyHealth with your credit card number and associated payment information, you agree that IControlMyHealth and/ or our third party service providers are authorized to immediately invoice your account for all fees and charges due and payable to us as a result of your order, including but not limited to product cost, shipping costs, applicable taxes, service fees, subscription fees or any other fee or charge associated with your access to the Services and/ or purchase of products. In the event that access to an applicable Service requires a recurring payment, you agree that we (or our third party payment service provider) may automatically invoice your account at the beginning of each recurring period. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the applicable Site or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). You agree to immediately notify IControlMyHealth of any change in your billing address or the credit card used for payment hereunder. Your right to use a paid service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account. You agree that in the event we are unable to collect the fees you owe us for the products or services specified in your order, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, interest, court costs and attorneys' fees. To review the billing terms on your account or to terminate a subscription service, you may email firstname.lastname@example.org.
Third Party Content
Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the Site by third parties, including information providers, are those of the respective authors or distributors and not IControlMyHealth. Neither IControlMyHealth, its Licensors nor any third-party content providers guarantee the accuracy, completeness or usefulness of any content. Furthermore, neither IControlMyHealth nor its Licensors endorse or take responsibility for the accuracy and reliability of any opinion, advice or statement made on any of the Site or Services by anyone other than an authorized IControlMyHealth or Licensor representative while acting in his/ her official capacity. You may be exposed through the Site or Services to content that violates our policies, is derogatory, is racial, is sexually explicit, or is otherwise offensive. You access the Site and Services at your own risk. We take no responsibility for your exposure to third party content on the Site or the Services. IControlMyHealth and its Licensors do not assume, and expressly disclaim, any obligation to obtain and include any information other than that provided to it by its third party sources. It should be understood that we do not advocate the use of any product or procedure described in the Sites or through the Services, nor are we responsible for misuse of a product or procedure due to typographical error.
Linking to the Sites
We reserve the right to disallow you to link to the Sites at any time in our sole discretion. If we exercise such right, you agree to immediately remove and disable any and all of your links to the Sites. In the absence of a written agreement with us specifying how you may link to the Sites, use the following guidelines for adding one or more links to the Sites from your website: · The link must be a text-only link that clearly includes the URL of the applicable Site; · If the link points to any page on a Site other than the home page, the text link must also include the title of the target landing page; · The appearance, position and other aspects of the link may not be such as to damage or dilute the reputation associated with our brand and trademarks; · The appearance, position and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by us; · The link, when activated by a user, must display the Site full-screen and not within a "frame" on the linking website and linking may not trigger any interstitial or pop-up or pop-under windows; and · The link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious.
Disclaimer Regarding Linked Third Party Sites
The links on any of the Site and/ or Services will let you leave the particular Sites or Service you are accessing in order to access a linked third party site (the "Linked Sites"). IControlMyHealth provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has IControlMyHealth reviewed or approved the content, which appears on the Linked Sites. IControlMyHealth is not responsible for the legality, accuracy or appropriateness of any content, advertising, products, services or other materials on or available from any Linked Sites. You acknowledge and agree that IControlMyHealth shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.
Dealings with Third Parties
Your participation, correspondence or business dealings with any third party found on or through our Site and Services, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that IControlMyHealth shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
Promotional Offers and Contests
If IControlMyHealth conducts a contest or makes a promotional offer on the Site, the rules governing any of the foregoing shall be accessible through a hypertext link prominently displayed on the page where the promotional offer or contest may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.
Accounts, Passwords and Security
If any of the Site or Services requires you to have an account, you must complete the registration process by providing IControlMyHealth with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to IControlMyHealth, which is untrue, inaccurate, not current or incomplete, IControlMyHealth reserves the right to terminate your access and use of the Site and/ or the Services. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify IControlMyHealth immediately of any unauthorized use of your account or any other breach of security. Neither IControlMyHealth nor its Licensors will be liable for any loss that you may incur as a result of someone else using your account or password, either with or without your knowledge. You may be held liable for any losses incurred by IControlMyHealth, its Licensors or another party due to someone else using your account or password.
Disclaimer of Warranties
THE SITE AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITE AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ICONTROLMYHEALTH, ITS LICENSORS AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND/ OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITES OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THE SITES OR THROUGH THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION OR APPLICATION OF MEDICINE, MEDICATION OR THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITES OR THE SERVICES.
Limitation of Liability
NEITHER ICONTROLMYHEALTH NOR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES AND/ OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/ OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/ OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES AND/ OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES AND/ OR SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES AND/ OR SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SITES AND/ OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF ICONTROLMYHEALTH OR ITS LICENSORS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SITES AND/ OR SERVICES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by IControlMyHealth infringe your copyright, you or your agent may send to IControlMyHealth a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon IControlMyHealth actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to IControlMyHealth a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: · An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; · Identification of the copyrighted work that you claim has been infringed; · Identification of where the material that you claim is infringing is located on the Site or Service reasonably sufficient to permit us to locate the material; · Information reasonably sufficient to permit us to contact you, such as your address, telephone number and, if available, your email 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 notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. IControlMyHealth's Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: Designated Agent: 308 Currier Drive, Rockville, MD 20850; E-mail for notice: email@example.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
IControlMyHealth makes no representation or warranty that the content and materials on the Sites or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. IControlMyHealth reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites or the Services to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.
You agree that IControlMyHealth, in its sole discretion, may terminate your password, account (in whole or in part) or use of the Sites or Services, and remove and discard any content within the Sites or Services, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.
Waiver and Severability
Date of Last Revision: February 10, 2013
IControlMyHealth's Services may include, without limitation, health tools, applications, diagnostic tests, questionnaires, email services, message boards, chat areas, news groups, forums, communities, calendars, data storage, reminders, and downloadable mobile applications related to the Site or provided through other third-party sites.
By visiting this Site or using the Services, you are accepting the policies and practices described in this Policy. Each time you visit the Site or use the Services, you agree and expressly consent to our collection, use, and disclosure of the information that you provide as described in this Policy.
In addition to this general Policy, each Service may have additional privacy provisions that are specific to the particular Service. These supplemental disclosures are made adjacent to the particular Service at the time we collect the information. These supplemental disclosures also govern the use of your information.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information, etc. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
In addition to the “Personal Identification Information” you may voluntarily provide and “Non-Personal Identification Information” that we may collect through the use of our Site, we may also collect or combine information received from third parties.
Web browser cookies
How we use collected information
Message Boards and Chats
We may make message boards, chat rooms, and other interactive forums available as part of the Services. You should be aware that any information, which you post to these interactive forums or otherwise choose to make publicly available, including your Personal Information, might be disclosed and available to all users who have access to that portion of the Site or Services. By using these interactive forums, you agree that we are not responsible for any information that you disclose or communicate in such forums, and any disclosures you make are at your own risk.
The Site and Services are not directed or intended for children under 13 years of age. We do not knowingly collect Personal Information from individuals under 13 years of age. If you are under 13 years of age, you should not register or provide Personal Information on the Site or through the Services. If you are the parent or guardian of a child whom you believe has disclosed Personal Information to us, please contact us at firstname.lastname@example.org so that we may delete and remove such child's information from our systems.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. Payment related sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.
A Note to Canada and California users
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.