IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
THE IHUG ECOSYSTEM MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.
UNIVERSAL TERMS KEYPOINTS:
• ACKOWLEDGEMENT OF NON-TNC COMPANY AND WAIVER OF LIABILITY INSURANCE, BACKGROUND PROCESSING
• ZERO TOLERANCE FOR USE OF TOBACCO, ALCOHOL OR DRUGS BY DRIVERS, CERTIFIED PROVIDERS AND OTHERS
• PRIVACY, PROTECTION OF ALL USER DATA FROM BREACH AND HOW WE USE USER DATA
• COLLECT BACKGROUND INFORMATION, PHI AND OTHER DETAISL USING ARTIFICIAL INTELLIGENCE AND DATABASES
• AUTHORIZATION TO OFFER NATURAL REMEDIES, PRODUCTS, SERVICES, AND SERVICE ASSISTANCE
• AUTHORIZATION TO TRANSPORT MINORS, DISABLED, MENTALLY DISABLED, DISCHARGE USERS
• DOING THE RIGHT THING, BEING ETHICAL, TRANSPARENT, AND SOCIALLY OPEN
• DISCOUNT CODES, PAYMENT TERMS, FAMILY SHARE, IN-APP USE, APPLE TERMS
• SCOPE OF PRACTICE, ETHICAL PRACTICE, STATE LAWS, AND IN GOOD FAITH PRACTICE
• PROPER USE OF IHUG'S ECOSYSTEM, SOLICITATION, ELECTRONIC SIGNATURE AND AUTHORIZATION
•PROPER SEATBELT PRECAUSTIONS, VEHICLE INSPECTIONS AND CARSEAT COMPATIBILITIES AND REQUIREMENTS
YOU ACKNOWLEDGE AND AGREE THAT, IN PERMITTING YOU TO UTILIZE THE IHUG ECOSYSTEM, IHUG IS ENTRUSTING YOU WITH SENSITIVE OR COMPETITIVE CONFIDENTIAL INFORMATION REGARDING, REFLECTING OR OTHERWISE RELATING TO IHUG’S RESEARCH AND DEVELOPMENT, PRODUCT DEVELOPMENT PLANS, AND MARKETING AND OTHER BUSINESS STRATEGIES, INCLUDING ANY AND ALL INTELLECTUAL PROPERTY OF IHUG (COLLECTIVELY, "CONFIDENTIAL INFORMATION"). YOU AGREE THAT ALL INFORMATION RELATING TO THE SERVICES FURNISHED TO, ACCESSED BY OR OTHERWISE LEARNED BY YOU CONSTITUTES CONFIDENTIAL INFORMATION PURSUANT TO THE APP TERMS AND MAY BE USED BY YOU SOLELY TO ACCESS THE SERVICES AND/OR IHUG ECOSYSTEM IN ACCORDANCE WITH THE APP TERMS. YOU AGREE THAT YOU WILL NOT USE CONFIDENTIAL INFORMATION IN ANY WAY, FOR YOUR OWN ACCOUNT OR THE ACCOUNT OF ANY THIRD PARTY. YOU AGREE NOT TO DISCLOSE ANY CONFIDENTIAL INFORMATION TO ANY OTHER PERSON OR ENTITY WITHOUT IHUG’S PRIOR WRITTEN APPROVAL. YOU AGREE TO INFORM IHUG PROMPTLY OF ANY ACTUAL OR SUSPECTED UNAUTHORIZED DISCLOSURE OR USE OF CONFIDENTIAL INFORMATION IN VIOLATION OF THE APP TERMS. YOU AGREE NOT TO ACCESS THE IHUG ECOSYSTEM FOR THE SOLE PURPOSE OF STEALING INTELLECTUAL PROPERTY, IDEAS, SYSTEM OPERATIONS AND ANY OTHER PROCESSES TO BUILD A COMPETING PRODUCT AND/OR SERVICE BY YOU DIRECTLY AND/OR INDIRECTLY.
Background Check Authorization: You hereby authorize iHug to investigate your background and qualifications for purposes of evaluating whether you can operate a vehicle and/or perform services in which you are signing up to perform. You understand that iHug will utilize an outside firm or firms to assist it in checking such information, and you specifically authorize such an investigation by information services and outside entities at our sole discretion. You also understand that you may withhold your permission and that in such a case, no investigation will be done, and your background check will not be processed further.
Zero Tolerance: iHug does not tolerate the use of tobacco, alcohol or drugs by any driver, certified provider or others when using the iHug Ecosystem. If you believe your driver, certified provider, or others using the iHug Ecosystem may be under the influence of drugs or alcohol, please have the driver, certified provider or others END THE SERVICE IMMEDIATELY. After the driver, certified provider or others has ended the service, please report any feedback directly in the app by tapping create ticket from the menu and selecting your issue. You can also get in contact by emailing [email protected]
Background Checks: All drivers, certified providers and other individuals performing various services and wanting to use the iHug app agree and authorize and release all information to us during sign up to undergo a screening process, like motor vehicle record and background checks, to ensure safety and compliance with our criteria as stated throughout this agreement. What leads to you losing access to your account? We will permanently deactivate a driver’s account if a routine motor vehicle record or background check uncovers a violation of iHug’s safety standards or of other criteria. This may include but not limited to County courthouse records, Federal courthouse records, Multi-State Criminal Database, National Sex Offender Registry screen, Social Security Trace (lifetime), Motor Vehicle Records (historical and ongoing). Furthermore, in the future we will use Apple’s patented fingerprint technology through iOS to verify users through biometrics and voice verification. Further suggestions by U.S. Congress, Mar 2015 Adopt fingerprint-based background checks.
Any Uber/Lyft and/or any other rideshare company driver, you agree as part of the on boarding process this is a supplemental request, as an iHug driver, certified provider and/or an individual to provide any type of service; you fully agree that you have passed a background check through Checkr, Caviar and/or any other background check processing company and/or individual, and have not committed any type and/or level of crime whether it’s a DWI, DUI, Wet and Wreck less, and any misdemeanor, felony and/or any level of crime within the last 7-10 years post Checkr, Caviar, DMV and/or any other background check processing/records company and/or individual and in the interim between clearance by Checkr, Caviar and/or any other background check processing company and/or individual and your current date of sign up with iHug. You understand that iHug will use this information for background check purposes only and will not furnish this information to a third party without my written consent.
You also agree to release iHug, its employees and those who supplied you with the information from any liability for any damage which may result from furnishing the requested information or your failure to be a driver, certified provider and/or an individual to provide any other service. You Authorize iHug or other duly accredited representative of the authorized agency conducting my background investigation, reinvestigation, or continuous evaluation to obtain any information relating to my activities from employers, schools, individuals, criminal justice agencies, consumer reporting agencies, or other sources of information. This information may include, but is not limited to, my academic, achievement, performance, attendance, disciplinary, employment history, and criminal history record information. You authorize iHug or the agency conducting my investigation to disclose the record of my background investigation to the requesting agency for the purpose of making a determination of suitability or eligibility for an independent contractor position with iHug.
You authorize any iHug representative, or duly accredited representative of iHug, to request criminal record information about me from criminal justice agencies for the purpose of determining my eligibility for, or retention in, as an independent contractor with iHug. You authorize custodians of records and other sources of information pertaining to me to release such information upon request of the iHug representative, or other duly accredited representative of iHug authorized above regardless of any previous agreement to the contrary. This authorization shall remain in effect so long as you remain as an independent contractor with iHug requiring eligibility or suitability as an independent
Insurance Exposure Agreement: You agree to purchase any additional insurance(s) including but not limited to higher limits $50,000/$100,000 and/or ridehsare/TNC endorsements and any other types of coverage so that you're 100% covered. You explicitly release iHug from all liability as it pertains to any lawsuit and/or vehicle repair, and/or bodily injury and/or any other exposures while operating a vehicle for non-emergency transportation while and while you're not using the iHug App and/or iHug Ecosystem.
Prohibited Use: Any use or attempted use of the Services (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Services and/or the iHug Ecosystem in which helps keep them healthier, educated and up-to-date on their health condition through their Providers and/or any other Services, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by iHug to be made accessible to a User, (vi) to obtain any materials, or information through any means not intentionally made available by iHug, or (viii) any use other than the business purpose for which it was intended, is strictly prohibited.
In addition, in connection with Your use of the Services and/or iHug Ecosystem, You agree You will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; (c) upload or transmit any material that You do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that You upload to any communication feature; (f) use the Services and/or iHug Ecosystem communication features in a manner that adversely affects the availability of its resources to other Users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "phishing" or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Services and/or iHug’s Ecosystem by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Services and/or iHug Ecosystem or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Services or any contests, promotions or sweepstakes if You are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Services and/or iHug Ecosystem, or copy any content or information on the Services and/or iHug’s Ecosystem; or (p) assist or permit any person in engaging in any of these activities.
iHug reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a User's access and/or account. iHug may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
Payments & Refund Policy: Any and all items shipped from iHug Partners, partner warehouses and other tangible suppliers including starter-kits, medical supplies, and other supplies are not eligible for return. Any and all intangible services that are requested, performed or partial completed are not eligible to be cancelled or returned. iHug Refund Policy iHug values our partners and providers time. So if any products and/or services are ordered and/or requested, there will be no refund. By ordering and/or requesting any products and/or service takes up time, effort and salary for our company. So, please be sure when you order and/or request products and/or services, your intent to use them wholly. Customized Products For items with customization options, including any product configurations, image personalization, text inscriptions, or designs (such as engravings, monograms, embroidery, or embossing): No refund or returns on all customized products and/or services.
Our Foundation: Users unalienable rights and protection were established on July 4, 1776, in which the members of Congress made history. The thirteen colonies signed the Declaration of Independence. An important and significant excerpt from the Declaration of Independence clearly states, "All men are created equal, that they are endowed by their Creator with certain unalienable Rights, which among these are Life, Liberty and the Pursuit of Happiness. Specifically, the most significant part of that excerpt being our unalienable right to life. When people live within a society, who are unable to attain health care from the healthcare system that exists within it, or from any other community, town, city, state, government, non-profit or private entity, either through bureaucratic buildup, greed or failure. It inevitably infringes on the people’s unalienable right to life. Ultimately leading to death in some cases. Whereas our Declaration of Independence specifically states we the people have an unalienable right to life. No government agency or any other entity can stop the people from their unalienable right to life. It is this document, the Declaration of Independence, and this clause, and the people’s choice, that gives iHug all rights in good faith and in good will to provide a solution where everyone, anywhere can access robust health care. The people’s unalienable right to life is infringed upon, no more.
iHug is exempt from any and all anti-trust laws, also known as competition laws, on the predication of the preamble of the Declaration of Independence. Specifically placed into law by, "The Committee of Five" consisting of Thomas Jefferson and his fellow committeemen, John Adams, Benjamin Franklin, Robert Livingston and Roger Sherman that every human being has “certain unalienable rights,” among which are those to “life, liberty, and the pursuit of happiness.” The iHug Ecosystem provides robust health care in the most innovative and forward thinking ways that favors people in good will and in good faith. If through this process we enter into one or more industries, the very purpose would be to solely provide robust health care for everyone, anywhere, and not for any other reason that might be brought upon iHug by countries, governments, businesses, law firms and/or any other person who seeks to gain monetary value out of a lawsuit for self-gain. Our government, businesses, law firms and/or any other person should focus on the current culprits who are tearing down the current healthcare system. We would not enter into one or more industries out of greed, self-gain or to build a monopoly and/or a disadvantage of other entities. We are building an ecosystem that’s forged to provide Services that the people are being discriminated against in our current healthcare system.
iHug Ecosystem is of the people, by the people, and for the people. It's an ecosystem in which Users can request Services, purchase Products and utilize its capabilities. iHug's Ecosystem was built on the unanimous consent of Users, through their acceptance and usage of the iHug Ecosystem, health care needs, feedback and contribution. iHug's intent, is in no way to build a monopoly or create a disadvantage of any kind for any person(s) and/or entities. In the event iHug grows to a size that may be misconstrued as a monopoly, let it be known that the iHug Ecosystem was built of the people, by the people and for the people, and not by any one "evil corporation," as some may attempt to build a case. By bringing suit against iHug, is the same as infringing on the people's unalienable right to life and may adversely affect the people’s lives and health care.
Once envisioned by Thomas Jefferson and his fellow congressmen, who placed into law the Declaration of Independence. This clause applies to iHug's Ecosystem, business model, practices and other areas. In turn it automatically strikes down any claim, allegation or suit brought against iHug regarding federal anti-trust, corporate practice of medicine and/or any law as all Users have accepted these terms which upholds their unalienable right to life, whereas the alternative (current healthcare system) has failed them and infringes upon their unalienable right to live. Protecting and defending iHug is the same as protecting and defending the unalienable right to life, and the Declaration of Independence. The iHug Ecosystem was founded by the people, of the people and for the people in good faith, in good will, with transparency, honesty and integrity. We will always put people’s health care first. We celebrate people and their life, that is who we are. Helping people live healthier, live happier and live longer, that is what we do.
The iHug Ecosystem provides a cloud-based multi-layer of Products and Services targeting health care. Where Users who seek non-emergency preventative care (“Patient”) can be matched with medical professionals and/or board certified medical personnel (“Providers”). Providers and Patients are collectively referred to herein as “Users” and each User shall create a User account that enables such User access to the iHug Ecosystem. For purposes of the Terms of Service, the healthcare Services provided by Providers to Patients that are matched through the iHug Ecosystem shall be referred to collectively as the “Services”. For purposes of the terms of service, Products that are provided to Users through the iHug Ecosystem shall be referred to collectively as the “Products.” The Services provided are wide in range and simple non-emergency preventative care Services that Providers are legally able to provide.
iHug is not a "covered entity" under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, "HIPAA"), however, the Medical Group may be a "covered entity" and, solely in its role providing administrative Services to the Medical Group, iHug may be a "business associate" of the Medical Group. Therefore, the Medical Group and, solely in its role as a business associate, iHug, may be subject to certain provisions of HIPAA with respect to "protected health information," as defined under HIPAA, that You provide to the Medical Group ("PHI"). PHI does not include information that has been de-identified in accordance with HIPAA, and does not include information that You submit to iHug for purposes other than connecting You with the Medical Group or Providers.
Under HIPAA, a "covered entity" is required to provide their Patients a Notice of Privacy Practices that describes how the covered entity uses and discloses PHI. As a result, the Medical Group has adopted and has separately provided or will provide to You a HIPAA Notice of Privacy Practices that describes how the Medical Group may use or disclose Your PHI (the "Medical Group Notice of Privacy Practices").
Healthcare Services: Providers who deliver Services through the iHug Ecosystem are independent contracted professionals solely responsible for the Services each provides to You. iHug and/or the iHug Ecosystem does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Providers, each of whom is responsible for his or her Services and compliance with the requirements applicable to his or her profession and license. Neither iHug and/or the iHug Ecosystem nor any third parties who promote the Services or provide You with a link to the Products and/or Services shall be liable for any professional advice and/or information You obtain from such Provider via the iHug Ecosystem.
In some cases, the Services may not be the most appropriate way for You to track or manage Your health and wellness, or provide information to, communicate with or seek medical care and treatment from a healthcare Provider. For example, certain medical conditions may require an in-person procedure or a healthcare Provider other than Your Provider, or Your Provider may determine that Your diagnosis and/or treatment require an in-person office visit or are otherwise not appropriately addressed through use of the Service. In such a case, You may receive notification that You will be unable to use the Service for the particular issue You submitted and providing additional information regarding next steps.
Car Seat Services: iHug offers car seats to provide to users at anytime with no charge. Here are more details:
iHug car seat provides on forward-facing car seat for a child who is at least:
- (A.) 12 months old and
- (B) 22 lbs. and
- (C) 31 inches
A child is too big at 48 lbs. or 52 inches
iHug Ecosystem Content: None of the content located in the iHug Ecosystem (other than information the Users receive from Providers and/or User posted and uploaded information) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for our Users. Any information in the iHug Ecosystem is considered and used as informational purposes including but not limited to photos, videos, text, and other content.
Wheelchair Accessibility: It is iHug’s policy that users who use wheelchairs (that can safely and securely fit it in the car’s trunk or backseat without obstructing the driver’s, certified provider or others view) should be reasonably accommodated by drivers, certified providers or others on the iHug Ecosystem. You, as a driver, certified provider or others should make every reasonable effort of service with their wheelchair. If you refuse to provide service to a user whose wheelchair could be reasonably accommodated, we’ll follow up with the driver, certified provider and others to find out the details of the event.
Relationship of the Parties; Independent Contractor; No Employee Benefits: Notwithstanding any provision hereof, Driver is an independent contractor and is not an employee, agent, partner or joint venturer of Company and shall not bind nor attempt to bind Company to any contract. Driver shall accept any directions issued by Company pertaining to the goals to be attained and the results to be achieved by Driver, but Driver shall be solely responsible for the manner and hours in which the Services are performed under this Agreement. Driver shall not be eligible to participate in any of Company’s employee benefit plans, fringe benefit programs, group insurance arrangements or similar programs. Company shall not provide workers’ compensation, disability insurance, Social Security or unemployment compensation coverage or any other statutory benefit to Driver. Driver shall comply at Consultant’s expense with all applicable provisions of workers’ compensation laws, unemployment compensation laws, federal Social Security law, the Fair Labor Standards Act, federal, state and local income tax laws, and all other applicable federal, state and local laws, regulations and codes relating to terms and conditions of employment required to be fulfilled by employers or independent contractors. Driver will ensure that its employees, contractors and others involved in the Services, if any, are bound to the foregoing, and to all of Driver’s obligations under any provision of this Agreement, for Company’s benefit and Consultant will be responsible for any noncompliance by them. This provision shall survive termination of this Agreement. - This provision also stands per Cotter v. Lyft, Inc. settlement, stating drivers, independent contractors are not employees and not entitled to employee benefits.
Drivers, certified providers or others who are found to have unreasonably refused services to users with lightweight wheelchairs for any reason are liable to be removed as a driver, certified provider or others on the iHug Ecosystem. Certain wheelchairs can't fit into standard vehicles, even larger wheelchairs just can’t be accommodated. This is why we're making a good faith effort to partner with local wheelchair accessible van companies to offer this service, in an effort to be compliant with ADA although a majority of our drivers, certified provider, and others have standard vehicles and not commercial wheelchair accessible vans.
After making a reasonable effort to load in the wheelchair, it’s the driver’s, certified provider or others responsibility to cancel the service and contact iHug's Customer Happiness Center to further contact a local wheelchair company in the user's area where prices, services and other variables may arise and apply. We're available 7 days a week, and will call you as soon as possible once you've requested the call.
Every device is different. Even if you haven’t been able to load a wheelchair in the past, it’s worth a try with these tips.
Coordinate a safe loading zone away from obstructing traffic. Many users with manual wheelchairs don’t require assistance, so consider asking the user with a disability, “Is there any way I can assist you?” If their answer is yes, let them instruct you first. Assistance doesn’t always require lifting the user. They’ll know their needs best, and will tell you whether to hold the door open or lend a helping hand.
Storing a device
Once the user is safely in their seat, ask for device storage instructions before disassembling it. Most wheelchairs will fit in your trunk or backseat, so consider keeping a blanket handy to lay over your seats first. Foldable wheelchairs. You’ll usually need to remove the seat cushion before folding the chair, and the user may want to hold onto it.
Rigid frame wheelchairs.
Users will show you the eject button on the bigger wheelchairs. Tilt the chair to one side, press the button, and pull the wheel from the frame. Repeat this on the other side, careful to avoid getting spoke lubricant on your hands. If the rigid frame fits in your trunk, lay it next to its wheels. Otherwise, buckle it into one of your back seats — some can even fit on a seat like a person, with the front wheels in the foot cubby. Hatchback cars. It’s also possible to store a rigid frame chair alongside two passengers without even disassembling the chair. Fold down one half of your back seat, and lock the wheelchair’s back wheels, and load the chair into your trunk on its side.
Corporate Practice of Medicine Clause: Many states prohibit what is commonly known as the “corporate practice of medicine” (CPM). The CPM doctrine generally prohibits a business corporation from practicing. The rationale behind the CPM is rooted largely in considerations of public policy. Corporate employment of a licensed professional has been prohibited on the grounds that such a relationship “tends to the commercialization and debasement of those professions” (Barton v. Codington Country, 2 N.W. 2d 337, 343 (S.D. 1942)); undermines the physician-Patient relationship and the physician’s exercise of independent medical judgment in the sole interest of the Patient (See Garcia v. Texas State Bd. of Med. Exam’rs, 348 F. Supp. 435, 437 (W.D. Tex. 1974) and causes the general intrusion into the practice of medicine by corporate entities that are not licensed and therefore not subject to the same professional standards or regulatory control as licensed entities. In consideration of this law, let it be known the iHug Ecosystem is considered a software company using programming language(s) and/or software platforms that simply connects Users and provides an empty canvas for Users to freely map out their healthcare information. iHug is neither a medical Provider nor an employer, and iHug in no way intrudes into any medical practice, per section Contractual Relationship Clause - Provider. iHug encourages all medical Providers to comply and follow all applicable laws. In addition to the aforementioned disclosures and information, CPM does not take into consideration population growth, forward thinking medical technologies and consumer trends that should develop with the evolution of society and the world as a whole and has a duty to adapt and evolve with the society that exists within it.
Governing Boards, Medical Boards and Oversight: iHug and its affiliates are not governed by any local, state or Government agency whatsoever. Our platform was designed of the people, by the people and for the people in good faith to serve the people, so that they’re able to access affordable health care. iHug is only a platform that connects Users and is excluded from these governing boards. Every governing board and/or oversight that manages Providers and other medical personnel, governs these people to ensure ethical behavior and best practices. So that people are safe and proper procedural routines are performed. The iHug Ecosystem allows Users to connect and view health-related information, communicate among each other, display clinical and healthcare Services and access additional Services. Each Provider must comply with all City, County, State and Federal Laws, Rules and Regulations independent of iHug.
Disclosures: All physicians, psychologists and other Providers within the iHug Ecosystem hold professional licenses issued by the professional licensing boards in the states where they practice, hold doctoral degrees in either medicine or psychology and have undergone post-doctoral training. All Certified Nursing Assistants, Registered Nurses, Nurse Practitioners and other registered and certified professionals within the iHug Ecosystem hold professional licensees issued by the professional licensing boards in the states where they practice, hold degrees and have undergone training. There are Nursing Assistants, Home Care Providers, Geriatric Care Managers who are not licensed through professional licensing boards in their respective states but have extensive training, schooling and completed programs to provide basic senior care, social worker Services and other Services that does not require a doctoral degree, post-doctoral training or other education. You can report a complaint relating to Services provided by a Provider by contacting the professional licensing board in the state where the Services were received. In a professional relationship, sexual intimacy is never appropriate and should be reported to the board that licenses, registers, or certifies the licensee. You can find the contact information for each of the state professional licensing boards governing medicine on the Federation of State Medical Boards website at http://www.fsmb.org/state-medical-boards/contacts and governing psychology on the Association of State and Provincial Psychology Boards website at http://www.asppb.net/?page=BdContactNewPG. Any clinical records created as a result of Your use of the iHug Ecosystem will be securely maintained by iHug on behalf of Your Provider(s) for a period that is no less than the minimum number of years such records are required to be maintained under state and federal law, and which is typically at least six years or longer.
Listed below are a few examples of preventative care but not limited to:
• Wellness visits
• Tracking medical history for all men, women and children throughout development
• Height, weight and body mass index (BMI) measurements
• Developmental screening for children throughout childhood
• Obesity screening and weight management counseling for children age 6 or older
• Blood pressure checks
• Blood sugar checks
• Heart rate checks
• Cholesterol screening
• Diabetes screening
• Health counseling such as healthy diet, weight loss, tobacco use, alcohol misuse, prevention of sexually transmitted infections (STIs), use of aspirin to prevent cardiovascular disease
• Observing and recording Patients’ behaviors
• Coordinating with physicians and other healthcare professionals for creating and evaluating customized preventative care
• Provide emotional and psychological support to create harmonious environment
• Diagnosing disease by analyzing Patient’s symptoms and taking required actions for Patient's recovery
• Maintaining reports of Patient's medical histories, and monitoring changes in their condition
• Carrying out the requisite treatments and OTC medications
• Changing Patient’s OTC medication as indicated by Patient's conditions and responses
• Adhering with the protocols, norms, rules and regulations in order to maintain complete medical records
• Maintaining hygienic and safe working environment in compliance with the current healthcare procedures
• Providing necessary guidance on health maintenance and disease prevention
• Keeping an eye on each and every aspect of Patient's care that includes physical activity plus proper diet
• Preparing Patients for examinations
• Educating Patient's families about the disease and its treatment
• Recommending simple OTC medications and other forms of treatment such as Excedrin, Prilosec OTC, Mucinex, etc.
Third-Party Goods and Services: Parties other than iHug, including but not limited to Medical Groups and Businesses (collectively, "Third-Parties") provide Services or sell Products through the Services and/or iHug Ecosystem, and iHug may also make available to You for purchase certain Services, devices, items or Products manufactured, distributed or sold by Third-Parties ("Third-Party Goods and Services"). Your use of any Third-Party Goods and any interactions with Third-Parties, including payment and delivery of goods or Services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between You and such Third-Parties. You should make whatever investigation You feel necessary or appropriate before proceeding with any in-app, iHug Ecosystem, online or offline transaction involving Third-Parties or any Third-Party Goods and Services. You are solely responsible for, and shall exercise caution, discretion, common sense and judgment in, using the Services and disclosing personal information.
You agree that iHug shall not be responsible or liable for any loss or damage of any sort incurred as the result of Your use of any Third-Party Goods and Services or Your interactions with any Third-Parties. In the event of any dispute between You and any Third-Party, any other User or any other entity or individual, You understand and agree that iHug is under no obligation to become involved in such dispute, and You hereby release and indemnify iHug per Binding Arbitrary clause You’ve agreed to, its affiliates and their respective contractors, and its directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, "iHug Parties") from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and Services therein. If You are a California resident, You waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Certain of iHug’s shareholders, directors, officers, employees or agents (collectively, "iHug Owners and Personnel") have a financial interest in the Medical Group and/or are also Providers, and may profit from Your use of the Medical Group and its Products and Services. iHug and certain iHug Owners and Personnel may also have a financial interest in other Third-Parties, and/or may profit from the sale of Third-Party Goods and Services to You.
Informed Consent: Telehealth is the delivery of health care Services using interactive audio and video technology, electronic communications, information technology or other means between a healthcare Provider and a Patient who are not in the same physical location. While the provision of health care Services using, telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. During a User’s telehealth consultation with a Provider, details of a User’s health history and personal health information may be discussed with Users through the use of interactive video, audio and other telecommunications technology, and the Provider may perform a physical examination through these technologies.
Any telehealth and/or telemedicine Services Users receive from Providers are not intended to replace a primary care physician relationship or be a User’s permanent medical home. Users may form an ongoing treatment relationship with some Providers. However, all initial visits with a Provider will begin as a consultation, as an example determine the appropriate treatment setting for the User to receive any type of care, and will not necessarily give rise to an ongoing treatment relationship. Users should seek emergency help or follow-up care when recommended by a Provider or when otherwise needed, and continue to consult with a Users primary care physician and other healthcare professionals as recommended. Users may make arrangements for follow up care either through iHug or other healthcare Providers. Users will have direct access to sections within the iHug Ecosystem support system designed by Providers to follow up on medication reactions, side effects or other adverse events. Among the benefits of our Services are improved access to healthcare professionals and convenience. However, as with any health service, there are potential risks associated with the use of telehealth and/or telemedicine. These risks include, but may not be limited to:
Emails or electronic messages to Customer Support or Your Provider may not be returned immediately. If You are experiencing a medical emergency, You should call 911 or go to the nearest emergency room.
You may also be able to send written notes to therapists or other Providers or to Customer Support using a secure messaging portal within the Site (the “Messaging Portal”). Messages You send over the Messaging Portal may be viewed by more than one Provider or Customer Support agent and will typically be answered within 48 hours. You should not rely on the Messaging Portal if You need immediate attention from a Provider or other Provider. If You are experiencing a medical emergency, You should call 911 or go to the nearest emergency room. You understand and agree that messaging with Providers over the Messaging Portal does not give rise to a Provider-Patient relationship, and does not by itself constitute treatment, diagnosis, therapy, or medical advice.
International Use: The iHug app is designed for and currently intended for United States residents using the App within the fifty states and the District of Columbia. iHug has international copyrights, trademarks and patent rights under International Law through its filing within the United States Trademark and Patent Office. We fully intend to scale out the App worldwide in due time. We make no representation that the App is applicable to, appropriate for, or available to Users in locations outside the United States. Accessing the App from territories where the content is illegal is prohibited. If You choose to access the App from a location outside the U.S., You do so on Your own initiative and You are responsible for compliance with local laws.
Medical Advice Disclaimer: The content within the iHug Ecosystem, including but not limited to text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind; even if the information was provided by and including but not limited to studies, healthcare literature, healthcare associations, healthcare committees, healthcare governing boards, case law, healthcare professionals, university professors, scientists, data collecting bots, data mining crawlers and artificial intelligence. iHug is not a healthcare Provider, hospital, treatment center or any other facility. We are simply an ecosystem and/or platform that connects Users. You should always seek the advice of qualified heath care professionals with any questions or concerns You may have regarding Your individual needs and any medical conditions. You seek a Provider within the iHug Ecosystem, it constitutes as an interaction independent of iHug Ecosystem after both Patient and Provider are connected. The Providers governing medical board within their local State oversees the practices, opinions and recommendations independent of the iHug Ecosystem and none of iHug or its content is recommended or endorsed by any specific tests, physicians, Products, procedures, opinions or other information that may be included within the iHug Ecosystem. Reliance on any such information appearing within the iHug Ecosystem, whether provided by but not limited to iHug, its content provides, visitors, other Users and their recommendations and other sites, is solely at Your own risk. In person meetings, FaceTime, iMessages, voice conversations, text messaging, video messaging, picture messaging or any other form of communication, interpretation or understanding, is solely between You and other Users and independent from the iHug Ecosystem's gathered information.
Privacy: iHug provides it’s Users the strictest health care privacy and security and maintains safeguards to protect the security of Your health information. Additionally, the information You provide to Your Provider during a medical consultation or therapy session is legally confidential. We devote considerable effort toward ensuring that Your personal information is secure. Information regarding our use of health and other personal information is provided in these Terms and Conditions. As part of providing You the Services, we may need to provide You with certain communications, such as appointment reminders, service announcements and administrative messages. These communications are considered part of the Services and Your Account. While secure electronic messaging is always preferred to insecure email, under certain circumstances, insecure email communication containing personal health information may take place between You and iHug. iHug cannot ensure the security or confidentiality of messages sent by email. Information relating to Your care, including clinical notes and medical records, are stored on secure, encrypted servers maintained by iHug on industry standard Amazon Web Services using the highest level of encryption protocols, methods and technology.
Service Animal Policy: State and federal law prohibit driver-partners using the iHug Ecosystem from denying service to user with service animals because of the service animals, and from otherwise discriminating against users with service animals. As explained in iHug's Magical Culture, any driver, certified provider and others who engage in discriminatory conduct will lose their ability to use the iHug Ecosystem.
A service animal is an animal that is trained to work or perform tasks for an individual with a disability. The law provides that there are only two questions that a driver, certified provider or others may ask to confirm that a user’s animal is a service animal: (1) Is the animal required because of a disability? And, (2) What work or task has the animal been trained to perform? The driver, certified provider or others may not request that the rider present documentation proving that the rider’s animal is a service animal.
There is no requirement that a service animal wear a tag, be registered, or display any kind of proof that it is a service animal. Legal Obligations of drivers, certified provider or others have a legal obligation to provide service to riders with service animals. A driver, certified provider or others CANNOT lawfully deny service to users with service animals because of allergies, religious objections, or a generalized fear of animals. By virtue of this written App Terms, all drivers, certified providers or others using the iHug Ecosystem have been made aware of their legal obligation to provide service to users with service animals and have agreed to comply with the law. If a driver, certified provider or others refuse to transport or any other service to a user with a service animal because of the service animal, the driver, certified provider or others are in violation of the law and is in breach of this agreement.
Consequences for Refusal to transport and/or provide other services to a user with a Service Animal if iHug determines that a driver, certified provider or others knowingly refused to transport a user with a service animal because of the service animal, the driver, certified provider or others will be permanently prevented from using the iHug Ecosystem. iHug shall make this determination in its sole discretion following a review of the incident. If iHug receives plausible complaints on more than one occasion from users that a particular driver, certified provider of others refused to transport a user with a service animal, that driver, certified provider or others will be permanently prevented from using the iHug Ecosystem to provide services, regardless of the justification offered by the driver, certified provider or others.
How to Report a Service Animal Complaint If a user has an issue related to his or her service animal—including issues regarding service cancellations, harassment, or improper cleaning fees—the user can report the issue to iHug. Once a user submits a service animal complaint, iHug's Customer Happiness team will investigate the issue and take appropriate action in accordance with iHug's App Terms and this Service Animal Policy. iHug Customer Happiness team will then make a reasonable and good faith effort to notify the user within a week of the outcome of the investigation and the actions taken.
To file a complaint from the iHug Ecosystem, navigate to the “Help Center” and create a Service Animal complaint ticket, which is available through the account menu button. Rights of users with Service Animals users cannot be denied service because they travel with a service animal. A user will not be refunded for any trip cancellation charges or other charges imposed because a driver, certified provider or others denied a user service because of a service animal. iHug will simply dispatch another driver, certified provider or others. User will be informed by iHug of what action iHug takes in response to their complaint about discrimination on the basis of a service animal, including whether iHug has terminated its contract with the driver, certified provider or others involved. A user will not be provided an account credit as another driver, certified provider or others in which a driver, certified provider or others contractual relationship with iHug is terminated as the result of a report that the driver, certified provider or others refused to transport the rider because of a service animal as iHug Customer Happiness team will dispatch another driver, certified provider or others.
Users cannot be charged cleaning fees for shedding by their service animals. The driver, certified provider or others are encouraged to provide anti-microbial rubber covers and floor mats in the event there's an occurance made by a service animal.
Telehealth: Telehealth is the delivery of health care Services using interactive audio and video technology, where the Patient and the Provider are not in the same physical location. During Your telehealth consultation with a Provider, details of Your health history and personal health information may be discussed with You through the use of interactive video, audio and other telecommunications technology, and Your Provider may perform a physical examination through these technologies.
Services will begin as a consultation (e.g. to determine the most appropriate treatment setting for You to receive care) and will not necessarily give rise to an ongoing treatment relationship. You should seek emergency help or follow-up care when recommended by a Provider or when otherwise needed, and continue to consult with a Provider through Care Request and other healthcare features within the iHug ecosystem as recommended. We may make arrangements for follow up care through a Provider. You will have direct access to Providers to follow up on medication reactions, side effects or other adverse events. Among the benefits of our Services are improved access to Providers and convenience. However, as with any health service, there are potential risks associated with the use of telehealth. These risks include, but may not be limited to:
In rare cases, a lack of access to all of Your health records may result in adverse drug interactions or allergic reactions or other judgment errors;
Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail, causing a breach of privacy of personal health information
Encryption and Security Measures: THE AGREEMENT SET FORTH BETWEEN YOU, IHUG AND APPLE WHICH GOVERNS YOUR USE OF THE ICLOUD PRODUCT, SOFTWARE, SERVICES, AND WEBSITES (COLLECTIVELY REFERRED TO AS THE “SERVICE”) WITHIN THE IHUG ECOSYSTEM. IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING “AGREE,” YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE.
The aforementioned doctrine, ending the doctrine clause within these terms and conditions will state "end," which outlines iHug's use of Apple CloudKit as part of the iHug Ecosystem within the App. Apple is the Provider of the Service, which permits You to utilize certain Internet Services, including storing Your personal content (such as contacts, calendars, photos, notes, reminders, documents, app data, and iCloud email) and making it accessible on Your compatible devices and computers, and certain location based Services, only under the terms and conditions set forth in this Agreement. iCloud is automatically enabled when You are running devices on iOS 9 or later and sign in with Your Apple ID during device setup, unless You are upgrading the device and have previously chosen not to enable iCloud. You can disable iCloud in Settings. When iCloud is enabled, Your content will be automatically sent to and stored by Apple, so You can later access that content or have content wirelessly pushed to Your other iCloud-enabled devices or computers.
I. REQUIREMENTS FOR USE OF THE SERVICE
A. Age. The Service is only available to individuals aged 13 years or older (or equivalent minimum age in the relevant jurisdiction), unless You are under 13 years old and Your Apple ID was provided to You as a result of a request by an approved educational institution or established as part of the Family Sharing feature by Your parent or guardian. We do not knowingly collect, use or disclose personal information from children under 13, or equivalent minimum age in the relevant jurisdiction, without verifiable parental consent. Parents and guardians should also remind any minors that conversing with strangers on the Internet can be dangerous and take appropriate precautions to protect children, including monitoring their use of the Service.
To use the Service, You cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdictions, including the country in which You reside or from where You use the Service. By accepting this Agreement, You represent that You understand and agree to the foregoing.
B. Devices and Accounts. Use of the Service may require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. Apple reserves the right to limit the number of Accounts that may be created from a device and the number of devices associated with an Account. The latest version of required software may be required for certain transactions or features. You agree that meeting these requirements is Your responsibility.
C. Limitations on Use. You agree to use the Service only for purposes permitted by this Agreement, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. Your Account is allocated 5GB of storage capacity as described in the iCloud feature pages. Additional storage is available for purchase, as described below. Exceeding any applicable or reasonable limitation of bandwidth, or storage capacity (for example, backup or email account space) is prohibited and may prevent You from backing up to iCloud, adding documents, or receiving new email sent to Your iCloud email address. If Your use of the Service or other behavior intentionally or unintentionally threatens Apple’s ability to provide the Service or other systems, Apple shall be entitled to take all reasonable steps to protect the Service and Apple’s systems, which may include suspension of Your access to the Service. Repeated violations of the limitations may result in termination of Your Account.
If You are a covered entity, business associate or representative of a covered entity or business associate (as those terms are defined at 45 C.F.R § 160.103), You agree that You will not use any component, function or other facility of iCloud to create, receive, maintain or transmit any “protected health information” (as such term is defined at 45 C.F.R § 160.103) or use iCloud in any manner that would make Apple (or any Apple Subsidiary) Your or any third party’s business associate.
D. Availability of the Service. The Service, or any feature or part thereof, may not be available in all languages or in all countries and Apple makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent You choose to access and use the Service, You do so at Your own initiative and are responsible for compliance with any applicable laws.
E. Changing the Service. Apple reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on Your use of the Service. Such modifications and additional terms and conditions will be communicated to You and, if accepted, will be effective immediately and will be incorporated into this Agreement. In the event that You refuse to accept such changes, Apple will have the right to terminate this Agreement and Your account. You agree that Apple shall not be liable to You or any third party for any modification or cessation of the Service. If You have paid to use the Service and we terminate it or materially downgrade its functionality, we will provide You with a pro rata refund of any pre-payment.
II. FEATURES AND SERVICES
A. Use of Location-based Services
Apple and its partners and licensors may provide certain features or Services (e.g., Find My iPhone, Find My Friends) that rely upon device-based location information using GPS (where available) and crowd-sourced Wi-Fi hotspot and cell tower locations. To provide such features or Services, where available, Apple and its partners and licensors must collect, use, transmit, process and maintain Your location data, including but not limited to the geographic location of Your device and information related to Your iCloud account (“Account”) and any devices registered thereunder, including but not limited to Your Apple ID, device ID and name, and device type.
B. Find My iPhone
Find My iPhone is automatically enabled on iOS devices running iOS 8 or later when iCloud is enabled. When Find My iPhone is enabled on iOS devices running iOS 7 or later, Your iOS device will be automatically linked to Your Apple ID. Your Apple ID password will be required before anyone (including You) can turn off Find My iPhone, sign out of iCloud, erase or activate the device. Apple and its authorized agents may not perform hardware or software support Services, including Services under Apple’s limited warranty, unless You disable Find My iPhone prior to service. Apple shall bear no responsibility for Your failure to protect Your iOS device with a passcode, enable Lost Mode, and/or receive or respond to notices and communications. Apple shall also bear no responsibility for returning Your iOS device to You or for any loss of data on Your iOS device.
If You have an Apple Watch and pair it with an iPhone when You are signed in to iCloud, You may be able to benefit from the security features of Find My iPhone Activation Lock on Your Apple Watch. If You enable Activation Lock for Your Apple Watch and did not previously have Find My iPhone enabled on Your paired iPhone, You will automatically turn on Find My iPhone on Your paired iPhone. If You lose Your watch and did not have Activation Lock turned on, You will not be able to benefit from the security features of Find My iPhone by turning it on from Your iPhone unless You are in range of Your Apple Watch to pair the devices.
The Service creates automatic backups for iOS devices periodically, when the device is screen locked, connected to a power source, and connected to the Internet via a Wi-Fi network. iCloud will store Your last three backups; however, if a device has not backed up to iCloud for a period of one hundred and eighty (180) days, Apple reserves the right to delete the backups associated with that device. Backup is limited to device settings, device characteristics, photos and videos, documents, messages (iMessage, SMS, and MMS), ringtones, app data (including Health app data), location settings (such as location-based reminders that You have set up), and Home screen and app organization. Content purchased from the iTunes Store, App Store, or iBookstore is not backed up, but may be eligible for download from those Services, subject to account requirements, availability, and the applicable terms and conditions. Media synced from Your computer is not backed up. If You enable iCloud Photo Library, Your Photo Library will be backed up separately from the automatic iCloud backup. Your iCloud email, contacts, calendars, bookmarks, and documents are stored in, and can be accessed via iCloud on Your devices and computers. Apple shall use reasonable skill and due care in providing the Service, but, TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW, APPLE DOES NOT GUARANTEE OR WARRANT THAT ANY CONTENT YOU MAY STORE OR ACCESS THROUGH THE SERVICE WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, OR REMOVAL IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND APPLE SHALL NOT BE RESPONSIBLE SHOULD SUCH DAMAGE, CORRUPTION, LOSS, OR REMOVAL OCCUR. It is Your responsibility to maintain appropriate alternate backup of Your information and data.
When iCloud Backup is enabled, Your device will not back up to iTunes automatically during a sync, but You may choose to manually initiate a backup to iTunes.
1. iCloud Photo Library. When You enable iCloud Photo Library, Your photos, videos and metadata in the Photos App on Your iOS device, OS X computer, or Windows PC (“Device Photo Library”) will be automatically sent to iCloud, stored as Your Photo Library in iCloud, and then pushed to all of Your other iCloud Photo Library-enabled devices and computers. If You later make changes (including deletions) to the Device Photo Library on any one of these devices or computers, Your changes will automatically be sent to and reflected in Your iCloud Photo Library. These changes will also be pushed from iCloud to and reflected in the Device Photo Library on all of Your other iCloud Photo Library-enabled devices and computers. Please note that the resolution of content in Your Photo Library on Your device or computer may vary depending upon the amount of available storage and the storage management option You have selected for Your iCloud-Photo-Library-enabled device. If You do not wish to use iCloud Photo Library, You can turn iCloud Photo Library off on all of Your Apple devices that have iCloud Photo Library enabled.
2. My Photo Stream. When You use the My Photo Stream feature of iCloud, Apple may store photos taken on Your iOS Device or uploaded from Your computer for a limited period of time and automatically send the photos to Your other Apple devices that have My Photo Stream enabled. Please note that a limited number of photos may be stored in the cloud or on Your devices at any one time, and older photos will be automatically deleted from My Photo Stream over time. Any photos You want to keep on a particular device permanently must be saved to the camera roll or the photo library on Your computer. Photo resolution may vary depending on the device to which the photos are downloaded. If You do not wish to use My Photo Stream, You can turn My Photo Stream off on all of Your Apple devices that have My Photo Stream enabled. If You enable iCloud Photo Library, devices and computers will no longer download data from My Photo Stream, but will continue to upload data to My Photo Stream. This means that iCloud-Photo-Library-enabled devices and computers will send data to devices and computers that are not enabled, while data from non-enabled devices and computers will not be uploaded to iCloud Photo Library.
3. iCloud Photo Sharing. By using the iCloud Photo Sharing feature, Apple may continuously store the photos and videos You share until You delete them, send those photos and videos to Your other Apple devices that have iCloud Photo Sharing enabled, and send them to the Apple devices of the people You choose to share them with, including members of Your Family if Family Sharing is enabled. When You use iCloud Photo Sharing, You are allowing Your recipients to view, save, copy, and share Your photos and videos, as well as contribute photos and videos, and leave comments. If You choose to use iCloud Photo Sharing to share photos via a web link, these photos will be publicly available to anyone who has been provided or has access to the web link. You can delete individual photos, videos, comments, or entire shared photo streams at any time to stop sharing them immediately, however, photos and videos that the viewer has previously saved to their device or computer will not be deleted.
E. Public Beta
From time to time, Apple may choose to offer new and/or updated features of the Service (the “Beta Features”) as part of a Public Beta Program (the “Program”) for the purpose of providing Apple with feedback on the quality and usability of the Beta Features. You understand and agree that Your participation in the Program is voluntary and does not create a legal partnership, agency, or employment relationship between You and Apple, and that Apple is not obligated to provide You with any Beta Features. Apple may make such Beta Features available to Program participants by online registration or enrollment via the Service. You understand and agree that Apple may collect and use information from Your Account, devices and peripherals in order to enroll You in a Program and/or determine Your eligibility to participate. You understand that once You enroll in a Program You may be unable to revert to the earlier non-beta version of a given Beta Feature. In the event such reversion is possible, You may not be able to migrate data created within the Beta Feature back to the earlier non-beta version. Your use of the Beta Features and participation in the Program is governed by this Agreement and any additional license terms that may separately accompany the Beta Features. The Beta Features are provided on an “AS IS” and “AS AVAILABLE” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from Your device and from peripherals (including, without limitation, servers and computers) connected thereto. Apple strongly encourages You to backup all data and information on Your device and any peripherals prior to participating in any Program. You expressly acknowledge and agree that all use of the Beta Features is at Your sole risk. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR PARTICIPATION IN ANY PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACKUP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. Apple may or may not provide You with technical and/or other support for the Beta Features. If support is provided it will be in addition to Your normal support coverage for the Service and only available through the Program. You agree to abide by any support rules or policies that Apple provides to You in order to receive any such support. Apple reserves the right to modify the terms, conditions or policies of the Program (including ceasing the Program) at any time with or without notice, and may revoke Your participation in the Program at any time. You acknowledge that Apple has no obligation to provide a commercial version of the Beta Features, and that should such a commercial version be made available, it may have features or functionality different than that contained in the Beta Features. As part of the Program, Apple will provide You with the opportunity to submit comments, suggestions, or other feedback regarding Your use of the Beta Features. You agree that in the absence of a separate written agreement to the contrary, Apple will be free to use any feedback You provide for any purpose.
F. Family Sharing. If You enable Family Sharing, Apple can share certain iTunes, iBooks and App Store purchases, and iCloud content, including, for example, shared calendars, shared photos, and location (if enabled) with Your family members. For more information regarding sharing Your iTunes purchases, please see the iTunes terms and conditions at http://www.apple.com/legal/internet-services/itunes.
G. Mail Drop. If You are logged in to iCloud and You use OS X Mail or iCloud Webmail to send email with attachments, whether or not You use iCloud or other email Services, in order to facilitate large transfers of files, You agree to allow Apple to temporarily store the attachments in iCloud for emails where the size of the message plus the size of attachments is greater than 20 MB, with an upper limit of 5 GB. You also agree to allow Apple to deliver Your emails to recipients with links to Your file attachments. If a recipient is using OS X 10.10 or later, OS X Mail will automatically download the attachments. As a sender, You and all recipients should not notice a significant change in the way You send and receive emails and attachments. Temporary storage of large email attachments will not count towards Your storage limit. These attachments will have an expiration date. At the time of expiration, those attachments will no longer be available for downloading. You may opt out of using Mail Drop at ay time.
H. Third Party Apps. If You sign in to certain third party Apps with Your iCloud credentials, You agree to allow that App to store data in Your personal iCloud account and for Apple to collect, store and process such data on behalf of the relevant third-party App Developer in association with Your use of the Service and such Apps. The data that the App stores in Your personal iCloud account will count towards Your storage limit. Such data may be shared with another App that You download from the same App Developer.
I. iCloud web-only account. If You sign up for the Service with a web-only account on a non-Apple-branded device or computer, You will have access to only a limited set of Service functionality. You will receive 1 GB of free storage and You will not be able to increase this amount with a web-only account. As a condition to accessing the Service with a web-only account, You agree to all relevant terms and conditions found in this Agreement, including, without limitation, all requirements for use of the Service, limitations on use, availability, public beta, disclaimers of warranties, rules regarding Your content and conduct, and termination. Terms found in this Agreement relating to features not available for web-only Users will not be applicable to You. These include, for example, use of location based Services and payment of fees for iCloud storage upgrades. You further agree that if You subsequently access Your web-only account from an Apple-branded device or Apple-branded computer, whether or not You own such device or computer, Apple may automatically upgrade Your web-only account to a full iCloud account and provide all available functionality of the Service to You, including increased free storage capacity. If You choose to access Your web-only account from an Apple-branded device or Apple-branded computer and You are subsequently upgraded to full functionality of the Service, You agree that all of the terms and conditions contained herein apply to Your use of the Service. If You do not want to have a full iCloud account, do not sign in to Your web-only account from an Apple-branded device or computer.
J. Two-Factor Authentication and Autodialed Calls/Texts. If You choose to enable Two-Factor Authentication for Your Apple ID, You consent to (a) provide Apple at least one telephone number; and (b) receive autodialed or prerecorded calls and text messages from Apple at any of the telephone numbers provided. We may place such calls or texts to (i) help keep Your Account secure when signing in; (ii) help You access Your Account when You’ve forgotten Your password; or (iii) as otherwise necessary to service Your Account or enforce this Agreement, our policies, applicable law, or any other agreement we may have with You.
III. SUBSCRIPTION STORAGE UPGRADES
Additional storage is available for purchase on a subscription basis.
By upgrading Your storage on Your device or computer, Apple will automatically charge on a recurring basis the payment method associated with Your Apple ID (e.g., the payment method You use to shop on the iTunes Store, App Store, or iBookstore, if available) or the payment method associated with Your Family account. If You are a Family organizer, You agree to have Apple charge Your payment method on a recurring basis for members of Your Family who upgrade their storage. Apple may also obtain preapproval for an amount up to the amount of the transaction and contact You periodically by email to the email address associated with Your Apple ID for billing reminders and other storage account-related communications.
You can change Your subscription by upgrading or downgrading Your storage under the iCloud section of Settings on Your device, or under the iCloud pane of System Preferences on Your Mac or iCloud for Windows on Your PC.
The applicable storage fee for an upgraded storage plan will take effect immediately; downgrades to Your storage plan will take effect on the next annual or monthly billing date. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING APPLE WITH VALID CREDIT CARD OR PAYMENT ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. If Apple is unable to successfully charge Your credit card or payment account for fees due, Apple reserves the right to revoke or restrict access to Your stored Content, delete Your stored Content, or terminate Your Account. If You want to designate a different credit card or payment account or if there is a change in Your credit card or payment account status, You must change Your information online in the Account Information section of iCloud; this may temporarily disrupt Your access to the Services while Apple verifies Your new payment information. We may contact You via email regarding Your account, for reasons including, without limitation, reaching or exceeding Your storage limit.
Your total price will include the price of the upgrade plus any applicable credit card fees and any sales, use, goods and Services (GST), value added (VAT), or other similar tax, under applicable law and based on the tax rate in effect at the time You purchase the upgrade. We will charge tax when required to do so under the tax rules applicable to the Service.
B. Right of Withdrawal
If You choose to cancel Your subscription following its initial purchase, You may do so by informing Apple with a clear statement (see applicable address details in section “General” below) within 14 days from when You received Your e-mail confirmation by contacting Customer Support. You do not need to provide a reason for cancellation.
To meet the cancellation deadline, You must send Your communication of cancellation before the 14-day period has expired.
Customers in the EU and Norway also have the right to inform us using the model cancellation form below:
To: iTunes S.à r.l., 31-33, rue Sainte Zithe, L-2763 Luxembourg:
I hereby give notice that I withdraw from my contract for the following:
[SUBSCRIPTION AMOUNT AND PERIOD, e.g., 200 GB MONTHLY iCLOUD SUBSCRIPTION STORAGE UPGRADE]
Ordered on [INSERT DATE]
Name of consumer
Address of consumer
Effects of cancellation
We will reduce Your storage back to 5 GB and reimburse You no later than 14 days from the day on which we receive Your cancellation notice. If You have used more than 5GB of storage during this period, You may not be able to create any more iCloud backups or use certain features until You have reduced Your storage. We will use the same means of payment as You used for the transaction, and You will not incur any fees for such reimbursement.
IV. Your Use of the Service
A. Your Account
As a registered User of the Service, You must establish an Account. Don’t reveal Your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of Your Account and for all activities that occur on or through Your Account, and You agree to immediately notify Apple of any security breach of Your Account. You further acknowledge and agree that the Service is designed and intended for personal use on an individual basis and You should not share Your Account and/or password details with another individual. Provided we have exercised reasonable skill and due care, Apple shall not be responsible for any losses arising out of the unauthorized use of Your Account resulting from You not following these rules.
In order to use the Service, You must enter Your Apple ID and password to authenticate Your Account. You agree to provide accurate and complete information when You register with, and as You use, the Service (“Service Registration Data”), and You agree to update Your Service Registration Data to keep it accurate and complete. Failure to provide accurate, current and complete Service Registration Data may result in the suspension and/or termination of Your Account. You agree that Apple may store and use the Service Registration Data You provide for use in maintaining and billing fees to Your Account.
B. Use of Other Apple Products and Services
C. No Conveyance
Nothing in this Agreement shall be construed to convey to You any interest, title, or license in an Apple ID, email address, domain name, iChat ID, or similar resource used by You in connection with the Service.
D. No Right of Survivorship
Unless otherwise required by law, You agree that Your Account is non-transferable and that any rights to Your Apple ID or Content within Your Account terminate upon Your death. Upon receipt of a copy of a death certificate Your Account may be terminated and all Content within Your Account deleted. Contact iCloud Support at www.apple.com/support/icloud for further assistance.
E. No Resale of Service
You agree that You will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.
V. Content and Your Conduct
“Content” means any information that may be generated or encountered through use of the Service, such as data files, device characteristics, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials. You understand that all Content, whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that You, and not Apple, are solely responsible for any Content You upload, download, post, email, transmit, store or otherwise make available through Your use of the Service. You understand that by using the Service You may encounter Content that You may find offensive, indecent, or objectionable, and that You may expose others to Content that they may find objectionable. Apple does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that Your use of the Service and any Content is solely at Your own risk.
B. Your Conduct
You agree that You will NOT use the Service to:
a. upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
b. stalk, harass, threaten or harm another;
c. if You are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to You, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor’s school, church, athletic team or friends;
d. pretend to be anyone, or any entity, You are not — You may not impersonate or misrepresent Yourself as another person (including celebrities), entity, another iCloud User, an Apple employee, or a civic or government leader, or otherwise misrepresent Your affiliation with a person or entity (Apple reserves the right to reject or block any Apple ID or email address which could be deemed to be an impersonation or misrepresentation of Your identity, or a misappropriation of another person’s name or identity);
e. engage in any copyright infringement or other intellectual property infringement (including uploading any content to which You do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
f. post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
g. forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the Service (“spoofing”);
h. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
i. interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
j. plan or engage in any illegal activity; and/or
k. gather and store personal information on any other Users of the Service to be used in connection with any of the foregoing prohibited activities.
C. Removal of Content
You acknowledge that Apple is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, Apple reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable.
D. Back up Your Content
You are responsible for backing up, to Your own computer or other device, any important documents, images or other Content that You store or access via the Service. Apple shall use reasonable skill and due care in providing the Service, but Apple does not guarantee or warrant that any Content You may store or access through the Service will not be subject to inadvertent damage, corruption or loss.
E. Access to Your Account and Content
Apple reserves the right to take steps Apple believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that Apple may, without liability to You, access, use, preserve and/or disclose Your Account information and Content to law enforcement authorities, government officials, and/or a third party, as Apple believes is reasonably necessary or appropriate, if legally required to do so or if Apple has a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Apple, its Users, a third party, or the public as required or permitted by law.
F. Copyright Notice - DMCA
If You believe that any Content in which You claim copyright has been infringed by anyone using the Service, please contact Apple’s Copyright Agent as described in our Copyright Policy at http://www.apple.com/legal/trademark/claimsofcopyright.html. Apple may, in its sole discretion, suspend and/or terminate Accounts of Users that are found to be repeat infringers.
G. Violations of this Agreement
If while using the Service, You encounter Content You find inappropriate, or otherwise believe to be a violation of this Agreement, You may report it by sending an email to [email protected]
H. Content Submitted or Made Available by You on the Service
1. License from You. Except for material we may license to You, Apple does not claim ownership of the materials and/or Content You submit or make available on the Service. However, by submitting or posting such Content on areas of the Service that are accessible by the public or other Users with whom You consent to share such Content, You grant Apple a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available, without any compensation or obligation to You. You agree that any Content submitted or posted by You shall be Your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. By submitting or posting such Content on areas of the Service that are accessible by the public or other Users, You are representing that You are the owner of such material and/or have all necessary rights, licenses, and authorization to distribute it.
2. Changes to Content. You understand that in order to provide the Service and make Your Content available thereon, Apple may transmit Your Content across various public networks, in various media, and modify or change Your Content to comply with technical requirements of connecting networks or devices or computers. You agree that the license herein permits Apple to take any such actions.
3. Trademark Information. Apple, the Apple logo, iCloud, the iCloud logo and other Apple trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Apple Inc. in the US and/or other countries. A list of Apple’s trademarks can be found here - http://www.apple.com/legal/trademark/appletmlist.html. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that You shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.
A. Apple’s Proprietary Rights. You acknowledge and agree that Apple and/or its licensors own all legal right, title and interest in and to the Service, including but not limited to graphics, User interface, the scripts and software used to implement the Service, and any software provided to You as a part of and/or in connection with the Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that You will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms.
B. License From Apple. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
C. Export Control. Use of the Service and Software, including transferring, posting, or uploading data, software or other Content via the Service, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software or Service, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use the Software or Service for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or Production of missiles, nuclear, chemical or biological weapons. You further agree not to upload to Your Account any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software, without first obtaining that authorization. This assurance and commitment shall survive termination of this Agreement.
D. Updates. From time to time, Apple may update the Software used by the Service. In order to continue Your use of the Service, such updates may be automatically downloaded and installed onto Your device or computer. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software.
A. Voluntary Termination by You
You may delete Your Apple ID and/or stop using the Service at any time. If You wish to stop using iCloud on Your device, You may disable iCloud from a device by opening Settings on Your device, tapping iCloud, and tapping ”Sign Out”. To terminate Your Account and delete Your Apple ID, contact Apple Support at http://apple.com/support/appleid/contact. If You terminate Your Account and delete Your Apple ID, You will not have access to other Apple Products and Services with that Apple ID. This action may be non-reversible. Any fees paid by You prior to Your termination are nonrefundable (except as expressly permitted otherwise by this Agreement), including any fees paid in advance for the billing year during which You terminate. Termination of Your Account shall not relieve You of any obligation to pay any accrued fees or charges.
B. Termination by Apple
Apple may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of Your Account and/or access to the Service. Cause for such termination shall include: (a) violations of this Agreement or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by You to cancel or terminate Your Account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the Service to You is or may become unlawful; (e) unexpected technical or security issues or problems; (f) Your participation in fraudulent or illegal activities; or (g) failure to pay any fees owed by You in relation to the Service. Any such termination or suspension shall be made by Apple in its sole discretion and Apple will not be responsible to You or any third party for any damages that may result or arise out of such termination or suspension of Your Account and/or access to the Service. In addition, Apple may terminate Your Account upon prior notice via email to the address associated with Your Account if (a) Your Account has been inactive for one (1) year; or (b) there is a general discontinuance or material modification to the Service or any part thereof. Any such termination or suspension shall be made by Apple in its sole discretion and Apple will not be responsible to You or any third party for any damages that may result or arise out of such termination or suspension of Your Account and/or access to the Service, though it will refund pro rata any pre-paid fees or amounts.
C. Effects of Termination
Upon termination of Your Account You may lose all access to the Service and any portions thereof, including, but not limited to, Your Account, Apple ID, email account, and Content. In addition, after a period of time, Apple will delete information and data stored in or as a part of Your account(s). Any individual components of the Service that You may have used subject to separate software license agreements will also be terminated in accordance with those license agreements.
VIII. Links and Other Third Party Materials
Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because Apple may have no control over such third party sites and/or materials, You acknowledge and agree that Apple is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, Products or materials on or available from such sites or resources. You further acknowledge and agree that Apple shall not be responsible or liable in any way for any damages You incur or allege to have incurred, either directly or indirectly, as a result of Your use and/or reliance upon any such Content, advertising, Products or materials on or available from such sites or resources.
IX. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
APPLE SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY.
APPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
APPLE DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND APPLE DISCLAIMS ANY LIABILITY RELATING THERETO.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
LIMITATION OF LIABILITY
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
APPLE SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) APPLE’S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) APPLE’S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.
You agree to defend, indemnify and hold Apple, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content You submit, post, transmit, or otherwise make available through the Service; (b) Your use of the Service; (c) any violation by You of this Agreement; (d) any action taken by Apple as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred; or (e) Your violation of any rights of another. This means that You cannot sue Apple, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or Content, to warn You, to suspend or terminate Your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of Apple’s conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or Your use of the Service. You acknowledge that You are responsible for all use of the Service using Your Account, and that this Agreement applies to any and all usage of Your Account. You agree to comply with this Agreement and to defend, indemnify and hold harmless Apple from and against any and all claims and demands arising from usage of Your Account, whether or not such usage is expressly authorized by You.
Apple may provide You with notices regarding the Service, including changes to this Agreement, by email to Your iCloud email address (and/or other alternate email address associated with Your Account if provided), iMessage or SMS, by regular mail, or by postings on our website and/or the Service.
B. Governing Law
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between You and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) You are not a U.S. citizen; (b) You do not reside in the U.S.; (c) You are not accessing the Service from the U.S.; and (d) You are a citizen of one of the countries identified below, You hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and You hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If You are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of Your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
C. Entire Agreement
This Agreement constitutes the entire agreement between You and Apple, governs Your use of the Service and completely replaces any prior agreements between You and Apple in relation to the Service. You may also be subject to additional terms and conditions that may apply when You use affiliate Services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Apple to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.
D. “Apple” as used herein means:
• Apple Inc., located at 1 Infinite Loop, Cupertino, California, for Users in North, Central, and South America (excluding Canada), as well as United States territories and possessions; and French and British possessions in North America, South America, and the Caribbean;
• Apple Canada Inc., located at 120 Bremner Blvd., Suite 1600, Toronto ON M5J 0A8, Canada for Users in Canada or its territories and possessions;
• iTunes K.K., located at Roppongi Hills, 6-10-1 Roppongi, Minato-ku, Tokyo 106-6140, Tokyo for Users in Japan;
• Apple Pty Limited, located at Level 13, Capital Centre, 255 Pitt Street, Sydney NSW 2000, Australia, for Users in Australia, New Zealand, including island possessions, territories, and affiliated jurisdictions; and
• Apple Distribution International, located at Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland, for all other Users. For Users in territories where Apple means Apple Distribution International, iTunes S.à r.l, located at 31-33, rue Sainte Zithe, L-2763 Luxembourg, shall be the seller of subscription storage upgrade Services for the Services offered by Apple Distribution International. Apple Distribution International shall be the operator and data controller of the Services.”
Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain Your electronic records, You may be required to have certain hardware and software, which are Your sole responsibility.
Services: iHug does not provide preventative care Services, and iHug is not a medical facility of any type. It is up to the Provider to decide whether or not to offer healthcare Services when contacted through the iHug Ecosystem, and it is up to the Patient to decide whether or not to accept healthcare Services from any Provider contacted through the iHug Ecosystem. Any decision by a User to offer or accept Services once such User is matched through the iHug Ecosystem is a decision made in such User’s sole discretion. Each preventative care service provided by a Provider to a Patient shall constitute a separate agreement and understanding between such Users.
Multi-User Accounts: Managing Your Children or Older Relative’s health care can be a challenging undertaking that requires a good deal of organization. With the current healthcare system it's even more of a struggle. There are many details to remember as You navigate the health care system, keep track of prescriptions, and schedule appointments with Providers. The checklists are boundless and put unnecessary stress in Your life. iHug has developed the Multi-User Accounts option. Where You can add Your elderly parents with their consent and children. Multi-User Accounts will help each the stress and manage Your relative’s health care, ensure that You don’t overlook an important aspect of Your loved one’s care, and plan for emergencies.
When You register in-app, You are required to create an account (“Account”) by entering Your name, email address, password and certain other information collected by iHug (collectively “Account Information”). To create an Account, You must be of legal age to form a binding contract. If You are not of legal age to form a binding contract, You may not register to use our Services. You agree that the Account Information that You provide to us at all times, including during registration and in any information You upload to the Site will be true, accurate, current, and complete. You may not transfer or share Your Account password with anyone, or create more than one Account (with the exception of subaccounts established for children of whom You are the parent or legal guardian). You are responsible for maintaining the confidentiality of Your Account password and for all activities that occur under Your Account. iHug reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and Your Account Information. In no event and under no circumstances shall iHug be held liable to You for any liabilities or damages resulting from or arising out of Your use of the Site, Your use of the Account Information or Your release of the Account Information to a third party. You may not use anyone else’s account at any time.
Essential Information: iHug may collect important information about your children, friends and family and older relatives. This information is stored away using world leading encryption, leaving you with peace of mind. You can share this information with siblings or others who may share in your relative’s care with each Users consent. Below you will find examples of information that you're able to disclose:
- Your relative’s birth date and social security number.
- A copy of your children and/or older relative’s birth certificate.
- A complete health history. This may include major illnesses, surgeries, and medical conditions. It is possible for you to include the health histories of Your loved one’s parents and siblings.
- You will be able to store Your loved one's information individually including names, phone numbers, addresses and email addresses of Your relative’s primary care physician, specialists, dentist, pharmacist, and other Providers and representatives.
- You will be able to upload health insurance policies both front and back of all insurance cards, including retiree benefits, Medi-gap policies, and long-term care insurance.
- You will be able to upload a copy of Your loved one’s Medicare or Medicaid card if he is 65 or older.
- You will be able to list all medications. Including over-the-counter drugs, herbal remedies, vitamins, and nutritional supplements in addition to prescription medicines. You can also include the dosages of each drug and instructions for taking them.
- You will also have the ability to upload and input dates and results of recent medical procedures and tests, such as x-rays and CT scans and immunizations for Your loved one's in their profile.
- You will be able to keep record of Provider, and non-Providers, visits and conversations with Providers. You can record the substance of the conversation and upload it to Your loved one's individual profile. This information will help You stay on top of Your loved one’s health care needs and conditions. No other companies, organization or app offers this in an easy and fashionable way.
- In the event You have an Older Relative on Your iHug Account that You care for using Multi-User Accounts, iHug check to see that Your older relative has the following legal documents in place. If he or she does not, an elder law attorney can help prepare these. An elder law attorney specializes in elder care issues. You can find a list of elder law attorneys in Your iHug Account under business Services in Your area by using the search tool or link. Keep copies of the following documents with Your Older Relative’s Providers, attorney, clergy, and family members. These documents, often known as advance directives, should be completed while the person is aware and oriented and uploaded into Your iHug Account with Multi-User Accounts enabled.
- Power of attorney for health care (also known as a health care proxy in some states). There may come a time when Your relative is unable to articulate health care decisions for him or herself. Having a health care proxy or power of attorney for health care can facilitate important medical decisions. As stated in the previous paragraph, You can find the right attorney on Your iHug Account. If You are the person responsible for Your relative’s health care, You may need to be granted durable power of attorney to make medical decisions on his behalf depending on Your state’s laws. This document must contain language that meets the requirements of the Health Information Portability and Accountability Act (HIPAA).
- Power of attorney for finances. If Your relative is incapacitated, You or a person Your relative selects must be granted durable power of attorney to manage her assets. This can be uploaded to Your Multi-User Accounts enabled iHug Account.
- Living will. This document states Your loved one’s wishes concerning life-sustaining treatment should he or she become incapacitated. As with the power of attorney document, this must contain HIPAA language and be uploaded to Your Multi-User Accounts enabled iHug Account.
- Will. This document spells out the disposition of Your relative’s estate after death and must be uploaded to Your Multi-User Accounts enabled iHug Account.
Health Insurance: Find out what type of health care coverage Your relative has and whether he or she is eligible for Medicare or Medicaid. Check to see whether Your relative has one or more of the following:
- A health policy through a private pension plan or retirement package.
- Long-term care insurance.
- Medicare. A federal health insurance program available to people age 65 or older.
- Medicare Part D. The Medicare prescription drug program.
- Medigap. A private insurance policy designed to supplement the coverage of the Medicare program.
Checklist for Managing Your Older Relative’s Health Care in the iHug Ecosystem
- Medicaid. A federal and state program that pays medical assistance for certain individuals and families with low incomes and resources.
- Find out what Your relative’s health care policy will cover and for how long.
- Keep records of phone conversations with representatives of Your relative’s health insurer by documented it within the iHug Ecosystem using Your Multi-User Accounts enabled iHug Account. Include the date of the conversation, the name of the agent, and what was discussed. This will help You keep track of inconsistencies should any arise, and will help if You decide to appeal a decision by the insurer.
Learn about Your relative’s conditions: Learning about Your loved one’s medical conditions will help You to better manage his or her care and help You feel confident during what may be an emotionally trying time.
- Learn about any conditions. Talk with Your relative’s Providers. Learn what to expect and what the prognosis and treatments will be as time goes on and record it within the iHug Ecosystem using Your Multi-User Accounts enabled iHug Account. Do research within the iHug App's Health Education section of the slide out menu. Here are two helpful sites are MedlinePlus (www.medlineplus.com) and Mayo Clinic (www.mayoclinic.org).
- Contact an organization devoted to the condition if it is a serious one through the iHug Ecosystem under Services, such as the Alzheimer’s Association (www.alz.org), the Arthritis Foundation (www.arthritis.org) or Cancer Care (www.cancercare.org).
- Get to know Your relative’s pharmacist. Your local pharmacist can be a good source of information about medications to treat Your relative’s condition. You will also be able to access medications through Your local pharmacy, under pharmacy option within the iHug Ecosystem. This enabled You to manage Your Elder's medications, order, check status, and confirm pickup.
Managing health care visits
- Get Your relative’s permission through the iHug Ecosystem during setup of the Multi-User Accounts option, so You can request and deal with Providers and so that the Providers can release information to You.
- Keep a running list of questions and observations about Your relative’s condition in the iHug Ecosystem. Refer to the list when You speak with Your relative’s Provider or a Provider.
Checklist for Managing Your Older Relative’s Health Care
- Bring a list of Your loved one’s medications or their containers. Show this to the Provider to alert her to a potentially dangerous interaction with a new or existing prescription. The pharmacist is a valuable resource as well.
Managing medications: If Your relative has more than one prescription, managing them can be confusing for Your relative, especially if they are taken at different times of the day and some with food and others without. You can setup intake intervals using the iHug Ecosystem through the Multi-User Accounts options that will alert Your relative when to take a medication with dosage information. When a new medication is prescribed, Your relatives doctor will see other prescribed medications to ensure there is no conflict that can cause an adverse effect. The parties that can review and manage Your relative’s prescription information are Your local pharmacy, Providers, medical doctors and Group Users in the iHug (siblings of the elderly person). Each prescription displayed in the iHug Ecosystem will be displayed but not limited to the following information:
- A medicine’s purpose
- How and when Your relative should take it and how long
- What Your relative should avoid while taking the prescribed medicine, such as certain foods, caffeine, alcohol, or driving and others
- Will the medicine work safely with prescriptions and over-the-counter medicines my relative is already taking
- Medications side effects
- What side-effects You should be concerned about
- Information on what will happen if Your relative misses a dose
Practical everyday help: iHug highly recommends logging in daily to manage Your life care and relative lives which may include helping with other details of daily living.
- Transportation Services. iHug offers non-emergency medical transportation under Care Request.
You understand that when using the iHug Ecosystem, You will be exposed to but not limited to Status Submissions, Voice Conversations, Instant Messages, Alerts, Opinions and a large array of other communications, posts, notes, images, and videos from a variety of sources, including but not limited to CNA or Certified Nursing Assistants, RN or Registered Nurses, MD or Medical Doctors, Internet, Artificial Intelligence and outside sources used to communicate securely to the iHug Ecosystem, that iHug is not responsible for the accuracy, usefulness, safety, malpractice or intellectual property rights of or relating to such Status Submissions, and that such Status Submissions are not the responsibility of iHug. You further understand and acknowledge that You may be exposed to Status Submissions that are inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against iHug with respect thereto, and agree to indemnify and hold iHug, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the iHug Ecosystem.
Subject to Your compliance with these Terms, iHug hereby grants You permission to use the iHug Ecosystem, provided that: (i) Your use of the iHug Ecosystem as permitted is solely for Your personal use, and You are not permitted to resell or charge others for use of or access to the iHug Ecosystem, or in any other manner inconsistent with these Terms; (ii) You will not duplicate, transfer, give access to, copy or distribute any part of the iHug Ecosystem in any medium without iHug's prior written authorization; (iii) You will not attempt to reverse engineer, alter or modify any part of the iHug Ecosystem, and (iv) You will otherwise comply with the terms and condition of all subject matter, disclosures, compliance, opinions, systems and iHug Ecosystem.
In order to access and use Services, features and utilities of the iHug Ecosystem for any reason within the scope of the nature of the iHug Ecosystem, You acknowledge and agree that You will have to provide iHug with Your mobile phone number and other personal identifiable information or information used in Multi-User Accounts options within the iHug Ecosystem. You expressly acknowledge and agree that in order to provide the Products and Service through the iHug Ecosystem, it may periodically access Your contact list and/or address book on Your mobile device to find and keep track of mobile phone numbers of other Users of the iHug Ecosystem. When providing Your mobile phone number, You must provide accurate and complete information. You hereby give Your express consent to iHug to access Your contact list and/or address book for mobile phone numbers in order to provide and use the iHug Ecosystem. We do not collect names, addresses or email addresses, just mobile phone numbers. You are solely responsible for ALL interactions within the iHug Ecosystem, and that are displayed for Your mobile phone number on the iHug Ecosystem. You must notify iHug immediately of any breach of security or unauthorized use of Your mobile phone. Although iHug will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses of iHug or others due to such unauthorized use. Furthermore, You exclusively and explicitly give iHug's Ecosystem full and unlimited access to other health related apps to gather health related data, purchase patterns, etc. to help iHug Ecosystem and Ai create a more seamless experience for You and other Users.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the iHug Ecosystem in a manner that sends more request messages to the iHug servers in a given period of time than a human can reasonably produce in the same period by using the iHug Ecosystem, and You are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, iHug grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. iHug reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by iHug Ecosystem Users. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before You measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the iHug Ecosystem, nor to use the communication systems provided by the iHug Ecosystem for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any Users of the Service.
In order to prevent and reduce unsolicited spam messages, as well as to improve Your in-app experience, iHug uses the phone numbers from Your phone's address book. iHug does not store any of Your information on anyone else's systems. iHug looks at the phone numbers in Your address book and then checks to see which of those numbers are verified in iHug to connect You in Multi-User Account Option, Group Pay Discount Promotions and other benefits when You link someone in Your network, usually a family member such as Your sibilants, elderly parents or children, i.e. Your address book. During this entire process, only phone numbers are sent to iHug for lookup, securely, over an encrypted connection. No other information, such as names, emails, and addresses are sent. So that You know who You are connecting in Your Multi-User Account Options, Group Pay, Discount Promotions and other benefits within the iHug Ecosystem
Scope of Practice Pharmacists: Scope of practice, generally, refers to the boundaries within which a health professional may practice. For pharmacists, the scope of practice is established by state legislatures and regulated by a board or agency, most commonly the State Boards of Pharmacy. A 2013 California law (SB 493) is scheduled to take effect in the next few weeks will allow pharmacists in the state to distribute contraception without requiring a prescription from a physician, among other things, Governing reports (Kardish, Governing, 5/19). Under the law, pharmacists' scope of practice will be expanded to allow them to initiate certain kinds of prescriptions and to provide clinical advice and Patient consultation (Gorn, California Health line, 10/3/13).
Pharmacist Services While pharmacists remain committed to assisting Patients with access and information related to their prescription medications, pharmacists today are providing a broad spectrum of Services, within their scope of practice, including conducting health and wellness testing, managing chronic diseases and performing medication management, administering immunizations, and working in and partnering with hospitals and health systems to advance health and wellness and helping to reduce hospital readmissions.
In 47 states and the District of Columbia, pharmacists are authorized to enter into collaborative practice agreements with a physician or another prescriber, further expanding the Services they are able to provide. Depending on the particular state, collaborative practice agreements enable pharmacists to provide a range of Services such as initiation, monitoring, and modification of a Patient’s drug therapy. This is particularly effective with Patients who have single or multiple chronic conditions. In 31 states pharmacists are also allowed to order and interpret lab tests. This collaborative approach, using pharmacists for the management of chronic conditions, has been utilized by the Indian Health Service for 40 years, as well as the Department of Veterans’ Affairs and the Department of Defense.
There is broad commonality among states regarding a pharmacist’s ability to deliver preventive Services. The vast majority of states authorize pharmacists to perform many of the preventative Services mandated under the Patient Protection and Affordable Care Act (PPACA), a sampling of which follow:
1. Aspirin use to prevent cardiovascular disease for men and women of certain ages 2. Blood Pressure screening for all adults 3. Cholesterol screening for adults of certain ages or at higher risk 4. Diabetes (Type 2) screening for adults with high blood pressure 5. Diet counseling for adults at higher risk for chronic disease 6. Immunizations for adults--doses, recommended ages, and recommended populations vary: • Hepatitis A • Hepatitis B • Herpes Zoster (Shingles Shot) • Influenza (Flu Shot) • Measles, Mumps, Rubella • Meningococcal • Pneumococcal • Tetanus, Diphtheria, Pertussis • Varicella 7. Obesity screening and counseling for all adults 8. Tobacco Use screening for all adults and cessation interventions for tobacco Users.
Access to pharmacists’ care Physicians and certain non-physician Providers are reimbursed under Medicare Part B for providing necessary health care Services. With very limited exceptions, pharmacists’ Services are not reimbursed in this fashion. The lack of reimbursement of pharmacists for Services provided within their state scope of practice unnecessarily limits Patient access to certain health care Services and the contributions pharmacists can make to their health care and outcomes. Enabling pharmacists to practice at the top of their education and training, and be better integrated into the Patient’s health care team, will improve health outcomes and greatly benefit specific populations, especially those with chronic disease such as diabetes and cardiovascular disease.
As described in the clause scope of practice pharmacist, iHug has the ability to utilize pharmacists and connect them through an app to the aforementioned preventative care Services all within legal scope and parameters.
Here is a list of resources to help You begin implementing pharmacist care Services into Your practice. A summary of the Services and requirements for pharmacists can be found here. Details for each of the authorized Services is located below. If You need additional information please contact the CPhA Center for Advocacy at 916-779-1400.
Hormonal Contraception: All California licensed pharmacists may furnish self-administered hormonal contraceptives (the pill, patch, vaginal ring, and Depo injection) pursuant to the pharmacists performing the following:
* Prior to engaging in this service, receives a minimum of 1 hour of continuing education in hormonal contraception. CPhA offers an approved web-based continuing education program here.
* Follows this statewide protocol.
* Follows all other regulations as required in CA Code of Regulations, Section 1746.1
Nicotine Replacement Therapy (Smoking Cessation):
All California licensed pharmacists may furnish prescription nicotine replacement Products and devices for smoking cessation pursuant to the pharmacist performing the following:
* Prior to engaging in this service, receives a minimum of 2 hours of continuing education in smoking cessation and nicotine replacement therapy. CPhA will be offering an approved web-based continuing education program soon in 2016!
* Follow this statewide protocol.
* Follows all other regulations as required in CA Code of Regulations, Section 1746.2
Naloxone Hydrochloride: All California licensed pharmacists may furnish Naloxone hydrochloride pursuant to the pharmacists performing the following:
* Prior to engaging in this service, receives a minimum of 2 hours of continuing education in Naloxone hydrochloride. CPhA offers an approved web-based continuing education program here.
* Follows this statewide protocol.
* Follows all other regulations as required in CA Code of Regulations, Section 1746.3
Travel Medications: All California licensed pharmacists may furnish travel medications recommended by the CDC for conditions not requiring a diagnosis pursuant to the following:
* Completes a minimum 10-hour certificate program focused on travel medicine. CPhA offers approved travel medicine Certificate Programs throughout the year; find the schedule here.
* Completes the CDC Yellow Fever Vaccine course and has a current Basic Life Support certificate.
* Follows the regulations as required in CA Code of Regulations, Section 1746.5
Immunizations: All California licensed pharmacists may now independently initiate and administer all immunizations to Patients three years of age and older pursuant to the following:
* Completes an immunization certificate program. CPhA offers approved immunization Certificate Programs throughout the year; find the schedule here.
* Completes a minimum of 1 hour of continuing education in immunizations every two years. CPhA offers an approved immunization update program here.
* Follows all other regulations as required in CA Code of Regulations, Section 1746.4
Ordering & Interpreting Tests: All California licensed pharmacists may order and interpret tests for the purpose of monitoring and managing the efficacy and toxicity of drug therapies pursuant to the following:
* Follows all requirements of the CA Business & Professions Code, Section 4052(a)12
* CPhA produced this guideline document to help pharmacists implement this service.
Administer Drugs and Biologics: All California licensed pharmacists may administer drugs and biologics by injection when ordered by a prescriber.
* Expands pharmacist’s authority to administer drugs and biologics by injection (was previously limited to oral and topical), as described in CA Business & Professions Code, Section 4052.1(a)3
Access to Patient Records: As outlined throughout CA Business & Professions Code, Section 4052, all California licensed pharmacists may participate in multidisciplinary review of Patient progress, including appropriate access to medical records for the Services they may provide to Patients or as part of a notification to another Provider/prescriber.
Advanced Practice Pharmacist: SB 493 also created an Advanced Practice Pharmacist (APP) license category. APP pharmacists have a broader scope of practice than all California licensed pharmacists.
APP licensed pharmacists may perform the following pursuant to CA Business & Professions Code, Section 4052.6(a)1-4
* Perform Patient assessments;
* Order and interpret all drug therapy-related tests;
* Refer Patients to other healthcare Providers; and
* Participate in the evaluation and management of diseases and health conditions in collaboration with other healthcare Providers.
A study in 2012 showed approximately 48,000,000 Americans remain uninsured. With the proposal of the 2017 American Health Care Act, 14 million more Americans will lose their coverage by 2018; 24 million Americans will lose coverage by 2026 and insurance companies can charge senior’s up to five time more for coverage. Nevertheless, deductibles, out of pocket expenses and even premiums are so expensive for families, it prevents people from affording preventative care, even if they're covered. Furthermore, even if a family can afford preventative care, it puts such a strain on their finances, which causes stress and that stress, studies have shown, can cause unhealthy lifestyle habits, having an adverse effect on life. Hundreds of thousands of men, women and children die each year from lack of preventative health care and education. The iHug Ecosystem bridges people so they have the right to life as stated in the Declaration of Independence, where they can attain affordable and truly universal preventative health care, medical Services and prescriptions from Medical Groups, Providers and other Providers.
People cannot afford preventative healthcare primarily because of unnecessary Services performed by hospitals, medical offices and other medical Provider facilities; large scale fraud; large malpractice lawsuits; the baby boomers who are growing older, sicker and more overweight society; lack of personal health education; a demand for new drugs, technologies, Services and procedures; hospitals and other Providers are increasingly gaining market share and are better able to demand higher prices. With iHug we solve each and every one of these problems, allowing millions of people access to preventative health care through a Provider through the iHug Ecosystem in the U.S. and beyond. Each mentioned factor has an adverse effect on people and their ability to gain access to true, personalized preventative health care, which is the best type of care; Where people are encouraged to live healthier, longer.
DO NOT USE OUR SERVICES OR THE IHUG ECOSYSTEM TO SEEK MEDICAL SERVICES FOR SOMEONE WHO IS UNCONSCIOUS, NOT BREATHING OR GASPING FOR AIR, EXPERIENCING AN ALLERGIC REACTION, HAVING CHEST PAIN, UNCONTROLLABLY BLEEDING, OR ANY OTHER SYMPTOMS THAT REQUIRE IMMEDIATE OR EMERGENT MEDICAL ATTENTION. CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM (ER) IMMEDIATELY IF YOU HAVE AN EMERGENCY MEDICAL NEED.
Our Services; Registration: iHug is a multi-layered ecosystem that connects Users with medical professionals to provide healthcare Services. iHug will provide You with health information, including information regarding independent medical Providers (each, a “Provider”), which may be available to provide in-home Services within minutes. iHug is a platform that provides Patients with health information and provides an ecosystem for Providers that provide non-emergency general adult and pediatric health care Services in the comfort and convenience of a Patient’s home, office, or workplace to promote the unique Services they offer (“House Calls”). Upon request for a House Call, the IHug Ecosystem will automatically transmit Your location which will be used to determine the nearest Provider in Your area. Upon providing certain relevant information to a Provider Through the iHug Ecosystem, if a Provider licensed to practice medicine is available, the Provider will then choose whether or not to be dispatched to Your location; provided, however, that the Provider may, in his or her best judgment, based on information received prior to the House Call or during the House Call, determine that he or she is unable to provide treatment. The Provider are sometimes referred to herein as “Providers”.
If You are using the IHug Ecosystem for Services to a minor, You must be available during the Provider’s visit with the minor, You are responsible for payment for the Services provided the minor, and are assuming the obligations of this Agreement as they relate to the minor.
Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Agreement. You are responsible for all equipment necessary to access the IHug Ecosystem. The Provider’s that are featured on the IHug Ecosystem currently charge on a fee-for-service basis in connection with providing a house-call (“Service Fee”). Each visit consists of a block of 7 to 15 minutes. If additional time is needed, You will be charged an additional 30-minute block for the same charged service. If You are a member of an insurance company, You can call Your insurance company to check if they will reimburse You for the service fee. Insurance is not required to use the IHug Ecosystem.
Businesses and Providers may provide promotional advertising on our IHug Ecosystem If You choose to click on such promotional advertising, You will then be connected to a portion of the IHug Ecosystem controlled by such Affiliate and will be able to communicate with such Affiliate.
You Must Provide Accurate Information to Maintain Your Account: By filling in the Account information requested You represent and warrant to iHug that all of the personal information You provide during this process is true and correct. iHug reserves the right to refuse or cancel Your Account or Your use of the IHug Ecosystem and/or the Services if iHug determines that You have not provided complete and accurate information regarding Your identity and/or have not provided accurate health information.
You also agree that You will not choose or use a User name that: (i) belongs to another person or is used with the intent of impersonating another person; or (ii) is subject to any rights of a person other than You without appropriate authorization. You may never use another person’s Account or log in details to access the IHug Ecosystem and/or Services. (iii) Additionally, if any User is reported as being negligent, abusive, fraudulent, misuses the IHug Ecosystem or any other unethical activity, iHug reserves the right to terminate any User account and suspend any use for any person for a lifetime. Here at iHug, we take fraud and abuse very seriously. We want all of our Users to have an exceptional experience and repeat Service.
Eligibility: You must reside in the United States and be 18 years of age or older to use the IHug Ecosystem and the Services provided through the Application. You understand that there may be no Provider in Your area and we cannot guarantee that Providers will be available to provide Services in Your area. If You are requesting pediatric Services for a minor, You must verify that You are the parent, guardian or other personal representative with the authority to make health care decisions for the minor. By using the IHug Ecosystem and our Services You represent that You are at least 18 years of age or are the parent, guardian or other personal representative for a minor.
You must notify us immediately of any change in Your eligibility to use the Services including any changes to Your medical condition or physical fitness, breach of security or unauthorized use of Your Account with iHug.
Our Services: iHug is a multi-layered healthcare ecosystem that provides Patients with health information and provides a forum for Providers to provide non-emergency general adult and pediatric healthcare Services in the comfort and convenience of a Patient’s home, office, or workplace, allowing the Provider to diagnose and deliver medical treatments in-person to adults or children.
iHug performs thorough background checks on Providers to ensure that they are in current good standing with their home State medical board, as well as thorough background checks on any Medical Professional using the IHug Ecosystem.
Providers are not employees of iHug. Every Provider is a contractor. Employees of iHug do not provide Users health care Services and take no part in Your medical diagnosis and/or treatment. iHug shall not be liable for any professional advice from a Provider that is provided to a User in-person or via telephone, nor for any information obtained on our IHug Ecosystem. We do not recommend or endorse any specific tests, health care or service Providers, medications, Products or procedures. You acknowledge that Your reliance on any Providers that promote themselves on our IHug Ecosystem or information provided by such Providers to You is solely at Your own risk and You assume full responsibility for all risk associated therewith, as allowable by the extent of the law.
Consult with Your current Provider as necessary and before seeking any new treatment or before You alter, suspend or initiate any change in Your medical treatment, medication routine or health care related procedure or activity. Do not disregard medical advice issued to You by Your regular Provider.
Any Provider that uses the iHug Ecosystem, are independent of iHug and iHug is not responsible for any issues You may have with respect to the Medical Practices’ or a Providers’ professionalism, timeliness, medical treatment, diagnosis or advice, information provided, or any other actions or omissions arising from, or incident to, any Services provided by the Medical Practices or Providers and Providers.
IMPORTANT HEALTH AND MEDICAL NOTICES AND DISCLAIMERS: IF YOU CHOOSE TO BE CONNECTED WITH A PROVIDER OR ANY OTHER MEDICAL PROFESSIONAL AND/OR MEDICAL FACILITY OR PRACTICE, AN ELECTRONIC SERVICE REQUEST NOTIFICATION WILL BE SENT TO A PROVIDER, MEDICAL PROFESSIONAL AND ANY OTHER MEDICAL PROFESSIONAL. IF YOU’RE CONNECTED, AN IN-PERSON MEETING BETWEEN YOU AND A LICENSED MEDICAL PROFESSIONAL AS MENTION IN THIS AGREEMENT, AT A LOCATION OF YOUR CHOOSING MAY OCCUR. WITH RESPECT TO THE PROVISION OF HOUSE CALLS, THE IHUG ECOSYSTEM IS EXCLUSIVELY FOR ACCOUNT MANAGEMENT AND TO PROVIDE YOU WITH INFORMATION REGARDING A PROVIDER THAT PROVIDES SERVICE IN YOUR AREA. NO MEDICAL CARE OR ADVICE SHALL BE PROVIDED DIRECTLY TO YOU FROM THE IHUG ECOSYSTEM, ITS ONLY FOR INFORMATIONAL PURPOSES. A REPORT OF YOUR SYMPTOMS WILL BE CONVEYED TO YOU THROUGH THE IHUG ECOSYSTEM.
BY USING THE IHUG ECOSYSTEM OR OUR SERVICES YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT IHUG IS NOT A MEDICAL ORGANIZATION, HOSPITAL OR STAFFED BY MEDICALLY TRAINED PERSONNEL.
PLEASE NOTE THAT IHUGS EMPLOYEES CANNOT PROVIDE YOU WITH MEDICAL ADVICE AND NOTHING THAT YOU MAY READ IN OR THROUGH THE USE OF THE IHUG ECOSYSTEM OR OUR SERVICES SHOULD BE CONSTRUED AS MEDICAL ADVICE. ALTHOUGH PROVIDERS, CONTRACTORS AND EMPLOYEES MAKE AN EFFORT TO PROVIDE QUALITY INFORMATION TO YOU, IHUG EXPRESSLY DISCLAIMS ANY IMPLIED GUARANTEE OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF ANY INFORMATION PROVIDED THROUGH THE IHUG ECOSYSTEM, OR THE SERVICES OF INDEPENDENT PROVIDERS AND OTHER PROVIDERS SENT TO YOU OR ANY MEMBER OF YOUR FAMILY THROUGH THE IHUG ECOSYSTEM.
Additional Services and Terms: Some of the Services we offer may be subject to additional Terms and Conditions. Your use of such Services is subject to those additional terms and conditions, which will be provided to You before the affected Services are provided. Any such additional terms and conditions are incorporated into this Agreement by reference.
Account Charges; Credit Card Billing and Additional Purchases: The iHug Ecosystem is free of charge. However, in the future there may be charges for certain iHug Services. Currently, all non-third party billing (if applicable) will be handled by Stripe®, Apple® or Google® (depending upon which service You use and which version of the application You download). In the future we may ask for payment information from You directly and You will have the option to continue with Services or decline them at that time.
Through the Services, You may also be able to purchase certain goods or additional features or other Services designed to enhance the performance of the Application or the Services (“In App Purchase”). When You make an In App Purchase, You are doing so through Apple iTunes service and You are agreeing to Apple’s iTunes’ Terms and Conditions. Alternatively, depending on Your operating system, You may be purchasing through the Google® Play service, and by doing so, You are agreeing to Google Play Terms and Conditions for purchases within an application.
During Your use of the iHug Ecosystem and our Services, You also may occasionally be offered incentives or merchandise either directly from iHug or from third parties that are not In App Purchases. Those purchases, if You agree to them, may require You to provide credit card or other transaction data to us or to third party Providers in order to procure such items. We will only collect those details, if ever, for the sole purpose of fulfilling an order for Products or Services that You request. iHug may retain Your credit card details in an encrypted Stripe platform.
Cancellations: If You choose to cancel Your account or Your Services, all You have to do is email [email protected] No refunds will be made under any circumstances. Time is valuable, to keep our promise of highest quality health care Services at the lowest cost, we ask that once you pay for a service, you keep the appointment. This will also prevents abuse of our systems to keep costs down for our iHug Ecosystem, Providers, Businesses and any other affiliate. PLEASE USE THE IHUG ECOSYSTEM AND SERVICES CAREFULLY BEFORE SUBMITTING A REQUEST. iHug reserves the right, at its sole discretion, to reject Users of its Services and iHug Ecosystem if a User continues to purchase and then cancel their in-home and even telehealth appointments.
Term, Renewal, and Expiration: Your Account is free and will last for an indefinite amount of time, unless we terminate it or You notify us by email at [email protected] and/or through our system (receipt of which must be confirmed by email reply from us) of Your decision to terminate Your Account.
Account Security: You are responsible for maintaining the confidentiality of Your Username and password that You designate during the sign process and You are fully responsible for all activities that occur under Your Username and password. You shall immediately notify us of any unauthorized use of Your Username or password or any other breach of security. iHug will not be liable for any loss or damage arising from Your failure to comply with this provision. You should use particular caution when accessing Your account from a public or shared computer or using unencrypted email to discuss private matters with any User within the IHug Ecosystem, so that others are not able to view, record or intercept Your password or other personal information. You have been informed of the risks of transmitting Your personal information by an unsecured means.
Once it is received, Your personal information and that of any minor for whom You are responsible is kept secure by iHug, in accordance with applicable law.
License and Limitations on Use: iHug grants to You a limited, personal, non-exclusive and non-transferable right and license to use the IHug Ecosystem and to access our Services using the IHug Ecosystem. Unless otherwise specified in writing, the IHug Ecosystem and Services are for Your personal and non-commercial use. The IHug Ecosystem, including, without limitation, the content, metadata, design, organization, compilation, look and feel, the fitness and nutrition plans, the source, object and HTML code and all other protectable intellectual property available through the Services and/or comprising the IHug Ecosystem (the “Proprietary Materials”) are the property of iHug and its licensees who use the IHug Ecosystem are protected by copyright and other intellectual property laws including common law. All rights regarding the Proprietary Materials not expressly granted in this Agreement are reserved by iHug. Unless You have our written consent, You may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials to anyone. You agree not to rearrange, modify, create derivative works using or reverse engineer the Proprietary Materials. You agree not to create, scrape or display our content for any purpose. You agree not to post any content from the IHug Ecosystem to weblogs, news groups, mail lists or electronic bulletin boards, without our written consent.
By using the IHug Ecosystem or the Services, You agree that Your use:
Will be for lawful purposes only and never for sending or storing unlawful material or use for fraudulent purposes;
Will not cause nuisance, annoyance, disruption, or inconvenience to any Providers, Providers or any other medical professionals;
Will not impair the proper operation of the network;
Will only be through access points or wireless data account (AP) which You are authorized to use;
May involve standard messaging charges by Your wireless Provider.
Notice for Claims of Copyright Violations: If You believe that Your work has been copied and posted on our website in a way that constitutes copyright infringement, You should provide our Copyright Agent with a written notice that sets forth the infringement details. To be effective, the notice must contain the following information:
a description of the copyrighted work that You believe has been infringed;
a description of the material that You claim is infringing the copyrighted work identified in #1, and a detailed description of where it is located on our IHug Ecosystem;
Your address, telephone number, and email address;
a written 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;
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; and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Please send the electronic communication to our Copyright Agent at the following address:
By Email: [email protected]
We reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of others.
User and Patient Conduct: We reserve the right to terminate Your User status if You misuse the IHug Ecosystem, our Services or our website, or if You violate this Agreement including, without limitation, the following rules of conduct:
You may not: Upload, post, or transmit to any User within the IHug Ecosystem or Providers by any means, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
Impersonate any person or entity, including another User, Provider, Provider, or an employee of iHug, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted;
Upload, post, email, or otherwise transmit Through the iHug Ecosystem by any means, content, materials, or comments that could be characterized as “medical advice;”
Attempt to interfere with or disrupt our servers or networks;
Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;
Stalk or otherwise harass another User of our Services or any of our employees, or any independent Medical Practice or Providers;
Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other Users, any minors, including User names or passwords; or access or attempt to access another User’s account without his or her consent or, in the case of a minor, that of the minor’s parent or guardian or other responsible adult.
DISCLAIMERS OF WARRANTIES: YOU USE THE APPLICATION, THE SERVICES, INCLUDING PROVIDERS AND PROVIDERS’ SERVICES, AND OUR WEBSITE AT YOUR OWN RISK. IHUG EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE IHUG ECOSYSTEM AND ASSUMES NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT OR IN THE SERVICES PROVIDED BY IHUG OR THE SERVICES, INFORMATION AND ADVICE PROVIDED BY A Provider OR PROVIDER OR THROUGH OUR APPLICATION OR WEBSITE. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE IHUG ECOSYSTEM SERVICES, OUR WEBSITE, ANY Provider AND PROVIDERS AND THE CONTENT AND SERVICES AVAILABLE THROUGH THE FOREGOING IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND IHUG SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IHUG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS AVAILABLE THROUGH THE IHUG ECOSYSTEM OR OUR WEBSITE, INCLUDING WITHOUT LIMITATION THE AVAILABILITY, USE, OR RESULTS OF SERVICES PROVIDED BY ANY Provider, INDEPENDENT MEDICAL PRACTICE AND/OR PROVIDERS. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN IHUG’S LIABILITY AND RESPONSIBILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY: YOU ACKNOWLEDGE AND AGREE THAT IHUG SHALL NOT BE LIABLE TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IHUG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE APPLICATION, SERVICES OR WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON OR THROUGH THE IHUG ECOSYSTEM, SERVICES OR WEBSITE OR ANY WEBSITES LINKED TO THE IHUG ECOSYSTEM OR WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SITE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE IHUG ECOSYSTEM , SERVICES OR WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS, SERVICES OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE IHUG ECOSYSTEM , SERVICES OF THE WEBSITE OR ANY Provider, MEDICAL OR PROVIDER; OR (F) ANY OTHER MATTER RELATING TO THE APPLICATION, SERVICES OR THE WEBSITE. IN NO EVENT SHALL IHUG’S TOTAL LIABILITY TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT – INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE – OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO IHUG. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, IHUG’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
DISCLAIMERS REGARDING PROVIDER AND PROVIDERS: IHUG DOES NOT EXPRESSLY ENDORSE ANY PROVIDERS, MEDICAL DOCTOR, REGISTERED NURSE OR ANY OTHER MEDICAL OR PROVIDER ON THE IHUG ECOSYSTEM. ANY STATEMENTS, PROGRAMS, OPINIONS, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY A Provider, REGISTERED NURSE OR ANY OTHER HEALTH CARE OR MEDICAL PROFESSIONAL ARE SOLELY ATTRIBUTABLE TO THE Provider, REGISTERED NURSE OR ANY OTHER MEDICAL OF PROVIDER AND NOT IHUG. RELIANCE ON ANY INFORMATION PROVIDED BY ANY Provider, REGISTERED NURSE OR ANY OTHER MEDICAL OR PROVIDER ON OR THROUGH THE APPLICATIONAND IHUG ECOSYSTEM, SERVICES OR OUR WEBSITE IS SOLELY AT YOUR OWN RISK. IHUG MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, ABILITY OR THE EFFICACY, ACCURACY, COMPLETENESS, TIMELINESS OR RELEVANCE OF THE INFORMATION PROVIDED BY ANY Provider, REGISTERED NURSE OR ANY OTHER MEDICAL OR PROVIDER AND/OR THE SERVICES PROVIDED BY SAID Provider, REGISTERED NURSE OR ANY OTHER MEDICAL OR PROVIDER OR BY THIRD PARTIES FEATURED ON OR THROUGH THE IHUG ECOSYSTEM, SERVICES OR OUR WEBSITE. Providers, REGISTERED NURSES OR ANY OTHER MEDICAL OR PROVIDERS ARE RESPONSIBLE FOR COMPLYING WITH REGULATORY AND LOCAL REQUIREMENTS FOR MALPRACTICE AND LIABILITY INSURANCE. HOWEVER, BECAUSE THE SERVICES ARE PREVENTATIVE HEALTHCARE SERVICES, NO USER HAS THE RIGHT TO HOLD ANY PARTY RESPONSIBLE FOR ANY IN GOOD FAITH PREVENTATIVE HEALTH CARE SERVICES PROVIDED BY A Provider, REGISTERED NURSE OR ANY OTHER MEDICAL OR PROVIDER PER GOVERNING BOARDS IN THEIR STATE. ALL INTERACTIONS WITH Providers, REGISTERED NURSES OR ANY OTHER MEDICAL OR PROVIDER ARE BETWEEN YOU AND THE LICENSED INDIVIDUAL. BY USING THE SERVICE, YOU AGREE NOT TO HOLD IHUG LIABLE IN ANY WAY FOR ANY MALPRACTICE OR SUBSTANDARD TREATMENT THE Provider, REGISTERED NURSE OR ANY OTHER MEDICAL OR HEALTH CARE PRODESSIONAL MAY RENDER TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE. IN NO EVENT SHALL IHUG BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU, ANY MINOR FOR WHOM YOU ARE RESPONSIBLE, OR ANYONE ELSE IN CONNECTION WITH YOUR USE OF THE IHUG ECOSYSTEM, SERVICES OR OUR WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF ANY INFORMATION, PROGRAM OR SUGGESTION PROVIDED TO YOU BY A Provider, REGISTERED NURSE OR ANY OTHER MEDICAL OR HEALTHCARE PROFESSIONAL OR COMMUNICATIONS OR MEETINGS BETWEEN OR AMONG YOU, ANY MINOR FOR WHOM YOU ARE RESPONSIBLE, AND ANY Provider, REGISTERED NURSE OR ANY OTHER MEDICAL AND PROVIDER, USERS OR ANY OTHER PERSONS YOU MEET THROUGH THE IHUG ECOSYSTEM SERVICES OR OUR WEBSITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH Providers, REGISTERED NURSES OR ANY OTHER MEDICAL OR PROVIDER PARTICULARLY IF YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE DECIDES TO MEET OFFLINE OR IN PERSON. WE ADVISE YOU TO BE CAUTIOUS WHEN MEETING WITH ANYONE THROUGH OUR APPLICATION AND REPORT ANY SUSPICIOUS ACTIVITY. WE RECOMMEND HAVING ONE OR TWO FRIENDS OR FAMILY MEMBER WITH YOU IF POSSIBLE AT THE TIME OF APPOINTMENT FOR SECURITY, COMFORT AND LOWER RISK OF A POOR EXPERIENCE. IHUG PROVIDES THE FOLLOWING:
End-to-end insurance: As You know some of our Services include non-emergency pickup and drop off. Every Care Ride requested by any User through the App and iHug’s Ecosystem is insured—protecting Patients, Providers and everyone else on the road.
Code of conduct: Here at iHug people come first when it comes to experience. And it’s a two-way street between all Users. We created our Code of Conduct so that everyone through interaction has a shared standard for respect, accountability, and common courtesy. It states the following:
PROFESSIONALISM & RESPECT: iHug maintains a zero-tolerance policy regarding all forms of discrimination, harassment or abuse.
NON-DISCRIMINATION: It is unacceptable to refuse to provide or accept Services based on a person’s race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable federal or state law. This type of behavior can result in permanent loss of access to iHug and iHug Ecosystem.
NO AGGRESSIVE BEHAVIOR: It is disrespectful to make derogatory remarks about a person or group. Furthermore, commenting on appearance, asking overly personal questions and making unwanted physical contact are all inappropriate. With the exception of a Provider, Registered Nurse, Medical and Provider who needs to ask questions and make assessments through physical contact, or as medically needed. We encourage You be mindful of other Users’ privacy and personal space. Violence of any kind will not be tolerated.
HUMAN KINDNESS: Calm and clear communication is the most effective way to defuse any disagreement that may arise between You and another User. iHug expects that all Users will treat one another with respect and courtesy.
SAFETY: The safety of Users on the iHug Ecosystem and platform is of utmost concern. In order to best protect everyone during all interactions, we require the following:
COMPLIANCE WITH THE LAW: Illegal substances and - unless explicitly allowed by law - open containers of alcohol are not permitted in drivers’ vehicles during a Care Ride which is available through the iHug IHug Ecosystem. This is against the law and a serious violation of iHug’s policy. Furthermore, iHug does not tolerate drug or alcohol use by any User who’s role is a drivers while using the iHug app. If a User believes a driver may be under the influence of drugs or alcohol, please request that the driver end the trip immediately and alert iHug Support at help.ihug.mobi.
As a User providing a Care Rides which is available within the iHug IHug Ecosystem it is Your responsibility to transport Users safely in accordance with the rules of the road in Your city. As a User, it is Your responsibility to abide by the seat belt laws in Your state. However, we recommend that You always wear a seatbelt while riding in any vehicle.
DISABILITIES: iHug expects compliance with all state, federal and local laws governing the transportation of Users with disabilities. Violation of these laws, including with respect to the use of service animals, constitutes a breach of the parties’ licensing agreement. Service animals must be accommodated in compliance with accessibility laws. Reports of refusing to transport a User with a service animal will lead to deactivation of the iHug account.
FOLLOWING THE RULES: We require Users to keep documents up to date to remain active, including maintaining active payment information.
STRIPE CONNECT TERMS: You agree the iHug Ecosystem will collect any and all payment transactions and information through Stripe Connect services for non-in-app purchases. You further agree to that we have full authority without restriction to collect, disburse and allocate any and all transactions at our sole discretion using the Stripe Connect Services on your behalf.
You give iHug full permission to initiate and manage any and all transactions, funds, and allocation that are collected by Users for services they rendered from you for services you provide on a contracted basis. Using the Stripe Connect Services, you agree the iHug Ecosystem will then calculate the weekly sum you earned and allocate such funds at our discretion to your Stripe Connect Account that you’ve connected your checking account and routing number.
You also agree to allow the iHug Ecosystem to collect your personal identifiable information to inform Stripe who you are. iHug has a legal obligation to disclose your personal identifiable information to these financial companies as we are using their system for payment transactions. It also helps us to assist you in your management of the account.
As it pertains to the Stripe Connect Service, you agree that you are considered to Stripe a third-party. Third-party transactions are subject to taxes, fees and surcharges. These may and may not include, transaction fees, sales taxes, state taxes, federal taxes and other aggregate fees that the iHug Ecosystem and Stripe do not regulate. You agree that we have full rights without limitation to report your income through a 1099.
About Stripe Connect — Connected Accounts: Thank you for using Stripe Connect. Stripe Connect allows third-party platform providers to help you create and administer your Stripe account, and may provide additional services directly to you or your customers. This agreement governs your use of Stripe Connect and describes how a platform provider may help you manage your Stripe account. Any platform provider that uses Stripe to accept payments or manage your Stripe account must inform you that it does so.
Stripe Connected Account Agreement: This Stripe Connected Account Agreement is a legal agreement (“Connected Account Agreement”) between you, the person or legal entity (including sole proprietors) that you identified to Stripe on the registration page or provided to a Connect Platform (“Connected Account” or “you”) and Stripe (“Stripe”). Your use of the Services is subject to your acceptance of the terms and conditions of this Connected Account Agreement. Your continued use of the Services represents your express consent to the terms and conditions contained in this Connected Account Agreement, including the Stripe Services Agreement (“Stripe Services Agreement”), and updates or modifications that may be made occasionally by Stripe. The Stripe Services Agreement may also incorporate separate agreements with financial services providers (each a “Financial Services Provider”).
This Connected Account Agreement governs your use of Stripe Connect and management of your Connected Account by Connect Platforms. This management includes use and administration of data about you or your transactions provided to Stripe (“Data”) and initiating Activity. As used in this Connected Account Agreement, any action submitted using the Stripe Connect API on behalf of a Connected Account is referred to as “Activity,” which includes initiating charges or Refunds, handling Chargebacks or disputes, and other functions available through Stripe Connect.
You represent to Stripe that all of the information that you provide to us directly or through the Connect Platform is accurate and complete, and that you are authorized to agree to this Connected Account Agreement on behalf of the Connected Account. You agree to the terms and conditions provided in this Connected Account Agreement and to the Stripe Services Agreement, and understand that your use of the Services and Stripe Connect are subject to your acceptance of these terms and conditions.
1. Relationship to Other Agreements: By using Stripe Connect, including the Services, you expressly agree to abide by the terms and conditions of this Connected Account Agreement, the Stripe Services Agreement, and to any updates or modifications to either of those documents that may occasionally be made by Stripe. The Stripe Services Agreement is incorporated into this Connected Account Agreement by reference as it relates to your use of the Services. This Connected Account Agreement contains additional terms and conditions relating to your use of the features of Stripe Connect made available to Connected Accounts. To the extent that there is a conflict between the Stripe Services Agreement and this Connected Account Agreement related to your use of Stripe Connect, this Connected Account Agreement will prevail. Nothing in this Connected Account Agreement alters the terms and conditions of agreements between you and Financial Services Providers. Any capitalized terms that are used but not defined in this Connected Account Agreement are defined in the Stripe Services Agreement.
2. Stripe Connect — Your Connected Account: Stripe Connect allows Connect Platforms to help you integrate Services into your site or application, and manage your Connected Account. When you sell your goods or services, or receive bona fide charitable donations through a Connect Platform that uses the Services, the Connect Platform may agree to perform obligations on your behalf, such as web development or hosting services, customer service, processing of refunds, handling consumer complaints, or other Activity. The specific things that a Connect Platform is agreeing to do for you, if any, are determined by your agreement with that Connect Platform. Stripe is not a Connect Platform, and only provides the Services described in this Connected Account Agreement and the Stripe Services Agreement. You do, however, appoint Stripe as one of your payments agents for the limited purposes of directing, receiving, holding and settling payment card proceeds to you, and you agree that Stripe’s receipt of payment processing proceeds satisfies your customers’ obligations to make payment to you.
3. Your Obligations: You agree to comply with all applicable laws or regulations, payment network rules (including the Network Rules), agreements with third parties that are binding on you, and this Connected Account Agreement (including the Stripe Services Agreement) when using Services. You are solely responsible for, and Stripe disclaims all liability for, the provision of any goods or services sold to your customers or users as part of your use of Services, and any obligations you may owe to your customers or users. While you may agree to share some liability with the Connect Platform, you are financially liable to Stripe for Disputes, Chargebacks, Refunds, and any fines that arise from your use of the Services. These obligations are described in more detail in Section C of the Stripe Services Agreement.
Depending on the Connect Platform, you may have access to directly manage your Connected Account through the Stripe dashboard. If such access is made available to you, you are responsible for all actions taken on your Connected Account through the Stripe dashboard, including the initiation of Refunds or changing of depository bank information. Alternatively, the Connect Platform may manage your account on your behalf.
Your Connect Platform may choose to allow you to receive payment processing proceeds via settlement into a bank account connected to your debit card (“Instant Payout”). Your Connect Platform will let you know if there is a fee associated with your use of Instant Payouts. If you elect to use Instant Payouts, Stripe will attempt to settle your payment processing proceeds within minutes of receiving your request. Depending on your bank, it may take up to two business days for your payment processing proceeds to settle via Instant Payouts. We and your Connect Platform reserve the right to change or suspend Instant Payouts to you: (i) due to pending, anticipated, or excessive Disputes, Chargebacks, Refunds, or Reversals; (ii) in the event of suspected or actual fraudulent, illegal or other malicious activity; or (iii) where we are required by Law or court order.
4. Relationship to Connect Platforms: As part of your use of Stripe Connect, you understand and agree that Stripe and the Connect Platform will share some Data about you and Activity on your Connected Account. This may include information you provide to create your Connected Account to Stripe or the Connect Platform, or information about transactions submitted by your customers to Stripe. Connect Platforms will never have access to full credit card information provided by your customers. You understand and agree that Connect Platforms and Stripe can share such Data to provide services to you.
The pricing for your use of the Services with a Connect Platform will depend on your agreement with the Connect Platform. Pricing from the Connect Platform may include fees for your use of the Connect Platform’s services that are separate from fees owed for the Services. Stripe will receive fees for your use of the Services. The fees for the Services will not exceed the amounts posted on our web site. In addition, the Connect Platform may charge you fees for the services it provides you. You agree that Stripe will have the right to deduct both Stripe’s fees for Services and the Connect Platform fees specified to us by the Connect Platform. Stripe does not control and is not responsible for Connect Platform fees charged to you, which are based on your agreement with and use of the Connect Platform. All fees charged to you should be made clear to you in your agreement with each Connect Platform.
5. Limitations on Stripe’s Liability: Stripe is not responsible for the acts or omissions of any Connect Platform in providing services to you or your customers, nor is Stripe responsible for your obligations to your customers (including but not limited to properly describing the nature of or delivering the goods or services being sold to your customers). You are solely responsible for, and Stripe expressly disclaims all liability for, your complying applicable laws and obligations related to your provision the goods or services to your customers, or receipt of bona fide charitable donations. This may include providing customer service, notification and handling refunds or consumer complaints, provision of receipts, registering your legal entity, or other actions not related to the Services. You agree to indemnify Stripe for any losses we incur based on your failure to properly describe or deliver goods or services, or comply with your legal or contractual obligations to your customers.
6. Other General Legal Terms: a. Term, Termination, and the Effects of Termination: The term of this Connected Account Agreement will begin when you register your Connected Account with a Connect Platform and will end when terminated by you or by Stripe, as described in this Connected Account Agreement. You may terminate this Connected Account Agreement at any time by providing notice to Stripe and immediately ceasing your use of Stripe Connect. However, if you commence using Stripe Connect again, you are consenting to this Connected Account Agreement. Stripe may terminate this Connected Account Agreement (a) where you are in breach of this Connected Account Agreement and fail to cure the breach upon 30 days’ notice by Stripe (such notice only being required if curing the breach is feasible); (b) upon 120 days’ notice for any reason; (c) where the Connected Account is the subject of any voluntary or involuntary bankruptcy or insolvency petition or proceeding; or (d) where required to do so by demand of Financial Services Providers, the Card Networks, or under court or legal order.
Section 5 and all provisions giving rise to continuing obligations will survive termination of this Connected Account Agreement. As stated above, the Stripe Services Agreement governs your use of Services, so the termination of this Connected Account Agreement will not immediately trigger termination of the Stripe Services Agreement. All obligations in the Stripe Services Agreement will only be terminated when done so under the terms and conditions of the Stripe Services Agreement.
b. Governing Law, Disputes, and Interpretation: The provisions of the applicable Stripe Services Agreement governing applicable law (jurisdiction), location of suits and disputes (venue), and any method for dispute resolution are incorporated into this Connected Account Agreement by reference. Headings are included for convenience only, and should not be considered in interpreting this Connected Account Agreement. This Connected Account Agreement does not limit any rights of enforcement that we may have under trade secret, copyright, patent, or other laws. Our delay or failure to assert any right or provision under this Connected Account Agreement does not constitute a waiver of such right or provision. No waiver of any term of this Connected Account Agreement will be deemed a further or continuing waiver of such term or any other term.
c. Right to Amend: Stripe may amend this Connected Account Agreement upon notice to you, which may be provided through email, the Stripe dashboard, and/or Stripe’s web site. You agree that any changes to this Connected Account Agreement will be binding on you within 7 days of such notice. If you elect to not accept the changes to this Connected Account Agreement, you must (a) provide notice to Stripe and (b) immediately cease using Stripe Connect. Where no such notice is provided or where you continue to use Stripe Connect, you agree that you are consenting to any such changes to the Connected Account Agreement.
d. Assignment: You may not assign or attempt to assign this Connected Account Agreement without the express consent of Stripe in advance. While we will generally consent to such an assignment where we consider it reasonable, we are not required to and will deny requests where such an assignment would violate this Connected Account Agreement (such as assignment to a prohibited business) or would pose a material risk to Stripe or our partners.
e. Entire Agreement: This Connected Account Agreement constitutes the entire agreement between you and Stripe with respect to Stripe Connect. Except where expressly stated in a separate agreement duly executed by Stripe, if there is any conflict between this Connected Account Agreement and any other Stripe agreement related to Stripe Connect, this Connected Account Agreement will prevail. Keep in mind, however, that with regard to your use of the Services for your own purposes (i.e. to receive payment for products or services you provide), the Stripe Services Agreement will prevail. These terms and conditions describe the entire liability of you and Stripe, and set forth your exclusive remedies with respect to Stripe Connect. If any provision of this Connected Account Agreement (or portion thereof) is held to be invalid or unenforceable under applicable law, then it should be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Thank you and welcome to Stripe Connect!
END STRIPE CONNECT TERMS
Providers are responsible for guests traveling with them, guests in the home or anyone they request a Care Rides for or health care Services. It is Your responsibility to ensure everyone adheres to iHug’s Code of Conduct.
Violations of this Code of Conduct could result in loss of Your iHug Account. Please report any violations to iHug, we want to hear Your feedback, alert us and we’ll take action!
EMERGENCIES: If at any time You feel that You are faced with a situation that requires immediate emergency attention, please call the emergency service number in Your area. Once all parties are safe and the situation has been handled by the authorities, please then notify iHug. We will assist and take appropriate action as needed, including cooperating with law enforcement.
Our specially-trained incident response teams are available around the clock to handle any urgent safety concerns that arise.
Substitute phone numbers: In many locations around the world, iHug uses technology that anonymizes phone numbers to keep contact details confidential. So when Users need to call or text each other, personal information stays private.
Governing Law and Choice of Forum: This Agreement contains the final and entire agreement between us regarding Your use of the iHug Ecosystem Services for Yourself, a member of Your household or for any minor for whom You are responsible, and supersedes all previous and contemporaneous oral or written agreements regarding Your use of the foregoing. The provisions of this Agreement shall be severable, and if any provision of this Agreement is held to be invalid or unenforceable, it shall be construed to have the broadest interpretation, which would render it valid and enforceable. No amendments, modifications or waivers to this Agreement shall be valid unless in writing and signed by all Parties. We may discontinue or change the iHug Ecosystem or its/their availability to You, at any time. This Agreement is personal to You, which means that You may not assign Your rights or obligations under this Agreement to anyone. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of California, United States of America applicable to contracts made entirely within California and wholly performed in California, without regard to any conflict or choice of law principles. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement or in any way related to the iHug Ecosystem will be an appropriate federal or state court located in Silicon Valley, California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Assignments: iHug may assign its rights and obligations under this Agreement. This Agreement will inure to the benefit of iHug’s successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under the Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
Promotions and Offers: We may, as part of our Services to Users, encourage You to participate and enjoy our promotions. The following terms and conditions apply to all offers and promotions, unless otherwise stated. By accepting any promotional offer, You agree to be bound by the following additional terms. The iHug Ecosystem reserves the right to send particular promotions to particular Providers, or any other party. We may use any personal information You provide to us (including Your email address), to provide You (by email or otherwise) with information regarding our contests and promotions, as further described in our Privacy Guarantee: You agree that iHug may communicate Your personal information to a Provider featured on the iHug Ecosystem in connection with any Services provided by that Providers.
Price discounts cannot be used together or combined with other discount offers or promotional offers. Promotional offers are intended for the addressed recipient only and cannot be transferred. If You are not the intended recipient, then the offer is null and void. We may request further information from You if You wish to participate in our promotions and offers. Participation in these promotions are completely voluntary. Therefore, You have the choice to decline to participate in any promotion where You are required to provide further information about Yourself.
iHug is not responsible for any unauthorized promotions and offers offered by third parties through the iHug Ecosystem.
iHug’s Ecosystem connects Provider’s with Patient’s. In good faith, Providers do their best to provide preventative health care measures. In order to keep the iHug Ecosystem thriving and safe, allowing Provider Services to Patient’s, this entire agreement was created. In this agreement exists a Provider Protection Clause. In accordance with multiple agencies, organizations and offices both locally and federally, more importantly with the Declaration of Independence of the United States of America, iHug’s Ecosystem is protected in good faith by each User who agrees and is bound by these terms and conditions, specifically this Provider Protection Clause. It is in the best interests of the world, and everyone in it, who is part of the iHug Ecosystem to comply and agree with this agreement fully and with full comprehension.
IN GOOD FAITH EFFORT, TO BE ABLE TO CONTINUE TO PROVIDE AN IHUG ECOSYSTEM THAT ALLOWS AFFORDABLE PREVENTATIVE CARE TO PATIENTS BY PROVIDERS, NO USER IS ALLOWED, AND GIVES UP ALL RIGHTS BOTH NATIONALLY AND INTERNATIONALLY, TO BRING ANY LAWSUIT AGAINST ANOTHER USER OF THE IHUG ECOSYSTEM, THE IHUG ECOSYSTEM ITSELF OR ANY PERSONS INVOLVED IN MAINTAINING THE IHUG ECOSYSTEM FOR ANY REASON, FOR DAMAGES, FINANCIAL LOSS OR EVEN DEATH PER BINDING ARBITRARY/CLASS ACTION WAIVER. THESE TYPES OF LAWSUITS AND THESE ACTIONS CAN CAUSE SIGNIFICANT AND SEVERE DAMAGE TO THE IHUG ECOSYSTEM, ULTIMATELY HAVING AN ADVERSE EFFECT ON THOSE WHO DEPEND ON IT WITH THEIR LIFE TO USE IT TO STAY HEALTHY, UTILIZE PREVENTATIVE CARE SERVICES AND PURCHASE MEDICAL PRODUCTS. NO USER SHALL EVER INITIATE, DIRECTLY OR INDIRECTLY, OR BE A PARTY TO ANY LAWSUIT, CLAIM, DEMAND OR PROSECUTION, AND HOLD ALL USERS AND IHUG AND THE IHUG ECOSYSTEM HARMLESS FROM ALL DAMAGES, CLAIMS, LOSSES, COSTS OR EXPENSES OF ANY KIND, HARDSHIPS, BURDENS OF ANY TYPE, INCLUDING ANY ATTORNEY'S FEES WHICH MAY INCUR AS A RESULT OF ANY LAWSUIT, RELIEF, OR COMPENSATION, WHICH USERS MAY HAVE BY REASON OF LOSS, DAMAGE(S) OR LOSS OF ANY KIND WHATSOEVER RELATING TO ANY ACTION MADE BY ANY USER.
Telehealth & Telemedicine: Patient Consent Required, Legislation enacted in the 2014 Session AB 809 (Logue) Chapter 404 an act to amend Section 2290.5 of the Business and Professions Code, Medical Practice Act relating to telehealth and taking effect immediately, September 18, 2014 The amendment to Section 2290.5 of the Business and Professions Code, Medical Practice Act requires the Provider initiating the use of telehealth to obtain verbal or written consent from the Patient for the use of telehealth, as specified. The Provider is required to document the consent. By initiating such services in the iHug Ecosystem, you fully consent to such services and abide by all laws mentioned above.
Existing law requires a Provider, as defined, prior to the delivery of health care Services via telehealth, as defined, to verbally inform the Patient that telehealth may be used and obtain verbal consent from the Patient for this use. Existing law also provides that failure to comply with this requirement constitutes unprofessional conduct.
Protocol Clause: Provider’s must comply with all agencies, locally and federally to maintain their license and provide the highest level of preventative care. We cite the following in an effort to make Users aware of protocols: Per California Board of Registered Nurses, Department of Consumer Affairs, Business and Professions Code, Chapter 6. Nursing, Article 2. Scope of Regulation Administration Provision 2725. Legislative intent; Practice of nursing defined:
(a) In amending this section at the 1973-74 session, the Legislature recognizes that nursing is a dynamic field, the practice of which is continually evolving to include more sophisticated Patient care activities. It is the intent of the Legislature in amending this section at the 1973-74 sessions to provide clear legal authority for functions and procedures that have common acceptance and usage. It is the legislative intent also to recognize the existence of overlapping functions between physicians and registered nurses and to permit additional sharing of functions within organized health care systems that provide for collaboration between physicians and registered nurses. These organized health care systems include, but are not limited to, health facilities licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code, clinics, home health agencies, physicians' offices, and public or community health Services.
(b) The practice of nursing within the meaning of this chapter means those functions, including basic health care, that help people cope with difficulties in daily living that are associated with their actual or potential health or illness problems or the treatment thereof, and that require a substantial amount of scientific knowledge or technical skill, including all of the following:
(1) Direct and indirect Patient care Services that ensure the safety, comfort, personal hygiene, and protection of Patients; and the performance of disease prevention and restorative measures.
(2) Direct and indirect Patient care Services, including, but not limited to, the administration of medications and therapeutic agents, necessary to implement a treatment, disease prevention, or rehabilitative regimen ordered by and within the scope of licensure of a physician, dentist, podiatrist, or clinical psychologist, as defined by Section 1316.5 of the Health and Safety Code.
(4) Observation of signs and symptoms of illness, reactions to treatment, general behavior, or general physical condition, and (A) determination of whether the signs, symptoms, reactions, behavior, or general appearance exhibit abnormal characteristics, and (B) implementation, based on observed abnormalities, of appropriate reporting, or referral, or standardized procedures, or changes in treatment regimen in accordance with standardized procedures, or the initiation of emergency procedures. The policies and protocols shall be subject to any guidelines for standardized procedures that the Division of Licensing of the Medical Board of California and the Board of Registered Nursing may jointly promulgate. If promulgated, the guidelines shall be administered by the Board of Registered Nursing.
Although, the iHug Ecosystem is designed to primarily provide preventative health care Services, in the event a Provider’s is faced with an emergency situation at the time of service; A person licensed who in good faith renders emergency care at the scene of an emergency which occurs outside both the place and the course of that person's employment, self-employment or others status, shall not be liable for any civil damages as the result of acts or omissions by that person in rendering preventative care.
Non-Compete Clause - Provider: In the event a Provider is employed by any health organization and/or medical professional who's self-employed, who initiates the iHug Ecosystem to help people with preventative health care Services, their acts or omissions shall not constitute, as competing Services, and shall not, under any circumstances, affect their employment regardless of any prior non-compete disclosures and/or agreements with anyone, as iHug Ecosystem is simply a technology platform and independent from any existing establishment such as a hospital, urgent care medical facilities or any other health care organization. You also further understand that as a Provider you are in a sense like a contractor and many nurses, medical doctors and other Providers work for several hospitals and practices at once. This ensures the integrity of employment by any Provider who uses the iHug Ecosystem to help people to life.
You further agree that you will in no way see users outside of the iHug Ecosystem under any circumstances. You also agree that you will not attempt to build a practice and/or any other competing company by taking away our users that we connected you with. Such activity can have serious consequences and may result in heavy fines, loss of your license and made public knowledge. You will also be placed under a lifetime ban in the iHug Ecosystem. In addition we will report such unethical behavior and activity to your respective governing board depending on your level of skill, i.e. MD State board for medical doctors, RN state board for nursing etc.
Contractual Relationship Clause - Provider: Each Provider agrees they are neither an employee nor independent contractor of or for iHug. The iHug Ecosystem is a platform that connects Users, allowing them to interact through various methods, Services and logistics. The United States Internal Revenue Service's Department defines contractors as, "PEOPLE SUCH AS DOCTORS, DENTISTS, VETERINARIANS, LAWYERS, ACCOUNTANTS, CONTRACTORS, SUBCONTRACTORS, PUBLIC STENOGRAPHERS, OR AUCTIONEERS WHO ARE IN AN INDEPENDENT TRADE, BUSINESS OR PROFESSION IN WHICH THEY OFFER THEIR SERVICES TO THE GENERAL PUBLIC IS GENERALLY INDEPENDENT CONTRACTORS. HOWEVER, WHETHER THESE PEOPLE ARE INDEPENDENT CONTRACTORS OR EMPLOYEES DEPENDS ON THE FACTS IN EACH CASE. THE GENERAL RULE IS THAT AN INDIVIDUAL IS AN INDEPENDENT CONTRACTOR IF THE PAYER HAS THE RIGHT TO CONTROL OR DIRECT ONLY THE RESULT OF THE WORK AND NOT WHAT WILL BE DONE AND HOW IT WILL BE DONE. THE EARNINGS OF A PERSON WHO IS WORKING AS AN INDEPENDENT CONTRACTOR ARE SUBJECT TO SELF-EMPLOYMENT TAX." The iHug Ecosystem charges a variable fee to Provider’s, Patient’s and Businesses who use the iHug Ecosystem. The iHug Ecosystem is in no way, whatsoever, an employer.
Contractual Relationship Clause - Patient: Each Patient agrees the iHug Ecosystem is software and not a medical professional organization, medical professional, facility or other form of medical Services Provider. Patients agree that the iHug Ecosystem is a platform that connects Users, allowing them to interact through various methods and Services. The iHug Ecosystem charges a variable fee to Patients for Services rendered by Providers and purchase from Businesses for health-related items and/or Services. Users, who use the iHug Ecosystem as a platform to connect and interact to move towards a healthier, longer life, do so in good faith, legally and with integrity.
Contractual Relationship Clause – Businesses: Each Business agrees the iHug Ecosystem is software and is not a medical professional organization, medical professional, facility or other form of medical Services Provider. Businesses agree they will sell health, medical, nutritional, fitness and other Products and Services in good faith, legally and with integrity that are safe, tested and approved by the FDA, HSB and other local and federal agencies before listing and selling them in the iHug Ecosystem. All Products and Services MUST BE HEALTH RELATED AND BENEFIT PEOPLE TO A HEALTHIER AND LONGER LIFE. Businesses agree that the iHug Ecosystem is a platform that connects Users, allowing them to interact through various methods, Services and logistics. The iHug Ecosystem charges a variable fee to Businesses for participation and the sale of Products for administration and upkeep of the iHug Ecosystem. AT ANYTIME, IHUG CAN TERMINATE WITHOUT NOTICE TO ANY BUSINESS FOUND GAMING THE SYSTEM, CONDUCTING ILLEGAL ACTIVITY OR HARMING USERS IN ANY WAY OR FASION AND EXPOSE THEMSELVES TO CRIMINAL PROSECUTION IN ANY STATE UNDER ANY LAW IN WHICH THE BUSINESS WAS ESTABLISHED.
Services Clause: The Services constitutes an Ecosystem that enables Users to use a mobile applications or websites provided as part of the Ecosystem (each, an "Application") to arrange and schedule preventative healthcare Services and/or logistics Services or purchase of health-related Products and Services. All Services are dynamic and independent of iHug Ecosystem under the agreement with the iHug Ecosystem or certain of iHug affiliates ("Third Parties"). Unless otherwise agreed by iHug in a separate written agreement with You, the Services are made available solely by Providers for personal preventative healthcare needs and use. YOU ACKNOWLEDGE THAT IHUG DOES NOT PROVIDE PREVENTATIVE CARE OR LOGISTICS SERVICES OR FUNCTION AS A Provider.
License Clause: Subject to a Your compliance with these Terms, Conditions, Clauses and others sections of this agreement, iHug grants You a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
1. access and use the Applications on Your personal device solely in connection with Your use of the iHug Ecosystem; and
2. access and use any content, information and related materials that may be made available through the iHug Ecosystem. Any rights not expressly granted herein are reserved by iHug.
User Requirements and Conduct Clause: The iHug Ecosystem is not available for use by Users under the age of 18. You may not authorize third parties to use Your Account, and You may not allow persons under the age of 18 to receive preventative Services or logistics Services from Third Party Providers unless they are accompanied by You and that You are a legal parent, legal guardian or adopting parent, or in the event that You are emancipated. In the event You're a legal parent, legal guardian, adopting parent or emancipated, You may render preventative Services through the iHug Ecosystem for Your child(ren), instructions to do so is available in the options menu. You may not assign or otherwise transfer Your Account to any other person or entity. You agree to comply with all applicable laws when using the iHug Ecosystem and You may only use the Services for lawful purposes. You will not in Your use of the Services cause nuisance, annoyance, inconvenience, property or personal harm or damage, whether to the Provider, Business or Third Party Provider or any other party. In certain instances You may be asked to provide fingerprint identity through the iHug Ecosystem to verify identity to render Services, and You agree that You may be denied access to or use of the Services if You refuse to provide proof of identity.
Text Messaging Clause: By creating an Account, You agree that the iHug Ecosystem may send You informational text (SMS) messages and other alerts on Your Apple device(s), as part of the Services.
User Provided Content Clause: iHug may, in iHug’s sole discretion, permit You from time to time to submit, upload, publish or otherwise make available to iHug through the iHug Ecosystems™ textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for promotions ("User Content"). Any User Content provided by You remains Your property. However, by providing User Content to iHug, You grant iHug a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and iHug’s business and on third-party sites and Services), without further notice to or consent from You, and without the requirement of payment to You or any other person or entity.
You represent and warrant that: 1. You either are the sole and exclusive owner of all User Content or You have all rights, licenses, consents and releases necessary to grant iHug the license to the User Content as set forth above; and
2. neither the User Content nor Your submission, uploading, publishing or otherwise making available of such User Content nor iHug’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by iHug in its sole discretion, whether or not such material may be protected by law. iHug may, but shall not be obligated to, review, monitor, or remove User Content, at iHug’s sole discretion and at any time and for any reason, without notice to You.
Choice of Law Clause: These Terms are governed by and construed in accordance with the laws of all States across the United States of America, without giving effect to any conflict of law principles and in relation to Clause Background.
General Clause: You may not assign these Terms whatsoever. iHug may assign these Terms without Your consent to:
1 a subsidiary or affiliate;
2. an acquirer of iHug’s equity, business or assets; or
3. a successor by merger.
Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between You, iHug or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. iHug’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by iHug in writing.
Modification to the Agreement: We reserve the right to modify the terms and conditions of this Agreement at any time, effective upon posting the amended terms on this site. If we make changes, we will notify You by, at a minimum, revising the “Last Updated” date at the top of this Agreement. You are responsible for regularly reviewing this Agreement. Continued use of the iHug Ecosystem of Services after any such changes shall constitute Your consent to such changes. If You do not agree to any such changes You may not use or access the iHug Ecosystem of Services.
Eligibility: The iHug Ecosystem is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the iHug Ecosystem consists of legally registered nurses and other medical personnel who are licensed by their board in their local State, and who are registered with the federal government to provide such basic preventative healthcare Services. Each Provider with respect to their local state licenses to practice medicine should abide by HHS and FDA Regulations, HIPPA, Freedom of Information Act & Privacy Act, Medicare & Medicaid Laws, Workflow Safety Laws, Common Rule and other local and federal guidelines and laws to ensure safe and proper preventative care Services.
A Provider cannot activate a User account unless they've registered their personally identifying information including social security, finger prints and ID's along with their registered nurse, M.D. number and other legal requirements with iHug verification department. Each State and the Federal agency do extensive background checks on these individuals before granting license numbers. In the event the Provider fails to renew any registration or license on a local or federal level, the User account will be temporarily or permanently deactivated to ensure that person does not have access to people in need of preventative care Services. Any Patient can access the iHug Ecosystem by becoming a User after filling out their personally information and during the sign-up process. All Users represent and warrant that they are at least 18 years old and that they have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
Payments: As a Patient You agree that any amounts charged following preventative care Services (a “Charge”) are mandatory and immediately due and paid before any Services are performed. Charges are added to Your profile history. iHug has the authority and reserves the right to determine and modify pricing in the ecosystem at any time. You are responsible for reviewing all applicable changes in pricing and shall be responsible for all Charges incurred under Your User account regardless of Your awareness of such Charges or the amounts thereof.
iHug preventative care service fees consist of a base price and incremental charges based on the duration and distance to get to You.
Trust & Safety Fee: iHug may assess a per-visit “Trust & Safety Fee” to offset iHug’s expenses related to promoting trust and safety on the iHug ecosystem. Such expenses are dynamic and may or may not exceed iHug’s Trust & Safety Fee collections. Excess Trust & Safety Fee collections, if any, will be deemed general revenue.
Cancellation Fee: In the event that You cancel an appointment on the iHug Ecosystem more than 5 minutes after such request is made, make repeated or frequent cancellations, or fail to respond in a timely manner, You agree to pay a “Cancellation Fee”. We may also assess a Cancellation Fee against You if we suspect that You have intentionally cancelled appointments to disrupt the iHug Ecosystem or the provision of Services.
Damage Fee: If a Provider reports that You are abusive in any way such as verbally or through gestures, we will terminate Your account and flag Your personally identifying information so You can no longer receive preventative healthcare Services or as determined by iHug in its sole discretion.
Other Charges: Other fees can include costs for cotton swabs, bandages or any one time use supplies the Provider has to provide will be charged and added to Your account for Your review. In addition, where required by law iHug will collect applicable taxes.
Facilitation of Payments: All Charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc., or Braintree, a division of PayPal, Inc.). iHug may replace its third-party payment processing Services without notice to You. Charges shall only be made through the iHug Ecosystem. Cash payments are strictly prohibited.
No Refunds: Charges are assessed immediately, unless in some circumstances the Provider was unable to show. In any other case, all Charges are non-refundable. This no-refund policy shall apply at all times regardless of Your decision to terminate usage of the iHug Ecosystem, any disruption to the iHug Ecosystem of Services, or any other reason whatsoever.
Promotions: iHug, at its sole discretion, may make available promotions with different features to any of our Patients or prospective Patients. These promotions, unless made to You, shall have no bearing whatsoever on Your Agreement or relationship with iHug.
Credit Card Authorization: Upon addition of a new payment method or each appointment request, iHug may seek a temporary authorization of Your selected payment method to verify Your payment method is correct and to protect everyone against unauthorized behavior. The authorization is not a charge, however, it may reduce Your available credit by the authorization amount until Your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in Your account, You may be subject to overdraft of NSF charges by the bank issuing Your debit or check card. We cannot be held responsible for these charges and are unable to assist You in recovering them from Your issuing bank.
As a Provider You will receive applicable Fees (net of iHug’s Administrative Fee, as discussed below) when providing preventative care Services to Patients. iHug will process all payments due to You through its third party payments processor. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law. You expressly authorize iHug to set the prices on Your behalf for all Charges that apply to the provision of Services. iHug reserves the right to withhold all or a portion of Fees if it believes that You have attempted to defraud or abuse iHug or iHug’s payment systems.
In exchange for permitting You to offer Your Services through the iHug Ecosystem as a Provider, You agree to pay iHug (and permit iHug to retain) a fee of up to 40% (the “Administrative Fee”) of the preventative healthcare Fees paid by Patients for such Services. In certain jurisdictions, including but not limited to New York, You agree to pay iHug an Administrative Fee of up to 41.4% of preventative healthcare Fees to cover additional operating costs. The amount of the applicable Administrative Fee will be communicated to You through iHug Ecosystem but is subject to change on a prospective basis at iHug’s discretion. You understand and agree that the Trust & Safety Fee, processing fees, or any taxes or state or local fees imposed on and collected by iHug shall be retained solely by iHug.
iHug, at its sole discretion, may make available promotions with different features to any Providers or prospective Providers. These promotions, unless made to You, shall have no bearing whatsoever on Your Agreement or relationship with iHug.
Your Information: Your Information is any information You provide, publish or post to or through the iHug Ecosystem (including any profile information You provide) or send to other Users (including via in-application feedback, any email feature, or through any iHug-related Facebook, Twitter or other social media posting) (Your “Information”).
You consent to us using Your Information to create a User account that will allow You to use the iHug Ecosystem and participate in the Services. Our collection and use of personal information in connection with the iHug Ecosystem of Services is restricted to anyone including the Federal Government.
You are solely responsible for Your Information and Your interactions with other members of the public, and we act only as a passive conduit for Your online posting of Your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on Your Information as accurate, current and complete.
You warrant and represent to us that You are the sole author of Your Information. To enable the iHug Ecosystem to use Your Information, You grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights You have in Your Information, and to use, copy, perform, display and distribute such information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. iHug does not assert any ownership over Your Information; rather, as between us and You, subject to the rights granted to us in this Agreement, You retain full ownership of all of Your Information and any intellectual property rights or other proprietary rights associated with Your information.
You are the sole authorized User of Your account. You are responsible for maintaining the confidentiality of any password provided by You or iHug for accessing the iHug Ecosystem. You are solely and fully responsible for all activities that occur under Your User account, and iHug expressly disclaims any liability arising from the unauthorized use of Your User account. Should You suspect that any unauthorized party may be using Your User account or You suspect any other breach of security, You agree to notify us immediately.
Social Networking Sites: As part of the functionality of the iHug Ecosystem, You may be able to create or login to Your User account through online accounts You may have with third party social networking sites (each such account, an "SNS Account") by either providing Your SNS Account login information through the iHug Ecosystem or allowing iHug to access Your SNS Account. By granting iHug access to any SNS Accounts, You understand that iHug may access, make available and store any content that You have provided to and stored in Your SNS Account including without limitation any friend, mutual friends, contacts or following/followed lists (the “SNS Content”) so that it is available on and through the iHug Ecosystem to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be Your Information. Depending on the privacy settings that You have set in such SNS Accounts, personally identifiable information that You post to Your SNS Accounts may be available on and through the iHug Ecosystem.
iHug Communications: By becoming a User, You expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number You provided to us.
By consenting to being contacted by iHug, You understand and agree that You may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of iHug, its affiliated companies and/or Providers, including but not limited to: operational communications concerning Your User account or use of the iHug Ecosystem of Services, updates concerning new and existing features on the iHug Ecosystem, communications concerning promotions run by us or our third party partners, and news concerning iHug and industry developments. You cannot opt-out of important Services related emails as they are vital to the iHug ecosystem and Your ability to perform preventative care Services. If You wish to opt-out of promotional emails, text messages, or other communications, You may opt-out by following the unsubscribe options provided to You. Standard text messaging charges applied by Your cell phone carrier will apply to text messages we send. You acknowledge that You are not required to consent to receive promotional messages as a condition of using the iHug Ecosystem of Services. However, You acknowledge that opting out of receiving text messages or other communications may impact Your use of the iHug Ecosystem of Services.
Restricted Activities: With respect to Your use of the iHug Ecosystem and Your participation in the Services, You agree that You will not:
impersonate any person or entity;
stalk, threaten, or otherwise harass any person, or carry any weapons;
violate any law, statute, ordinance or regulation;
interfere with or disrupt the Services or the iHug Ecosystem or the servers or networks connected to the iHug Ecosystem of Services;
Post Information or interact on the iHug Ecosystem of Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal; use the iHug Ecosystem in any way that infringes any third party’s rights, including but not limited to:
intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information; forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the iHug Ecosystem; “frame” or “mirror” any part of the iHug Ecosystem, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the iHug Ecosystem or any software used on or for the iHug Ecosystem of Services; rent, lease, lend, sell, redistribute, license or sublicense the iHug Ecosystem or access to any portion of the iHug Ecosystem of Services; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the iHug Ecosystem or its contents; create liability for us by not following all rules, regulations and laws both locally and federally; link directly or indirectly to any other web sites; transfer or sell Your User account, password and/or identification to any other party; or cause any third party to engage in the restricted activities above.
We reserve the right, but we have no obligation, to suspend or deactivate Your User account if You do not comply with these prohibitions.
Provider Representations and Warranties: By providing Preventative Care Services as a Provider on the iHug Ecosystem and iHug Ecosystem of Services, You represent, warrant, and agree that:
You possess a valid medical registration number and are authorized to perform and/or discuss any basic preventative healthcare Services on any one person in the jurisdiction in which You live.
You own, or have the legal right to operate, the vehicle You use when providing preventative care Services and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state departments of motor vehicle requirements for a vehicle of its kind.
You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules You for the operation of the vehicle.
You will be solely responsible for any and all liability that results from or is alleged as a result of Your provision of preventative care Services, including, but not limited to personal injuries, sickness and even death (however, this provision shall not limit the scope of iHug’s insurance policies).
In the event of a motor vehicle accident You will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, for reporting the accident to iHug and Your insurer in a timely manner, and for all necessary contacts with Your insurance carrier.
You will comply with all applicable laws, rules and regulations while driving to and from each appointment, and You will be solely responsible for any violations of such provisions.
You will pay all applicable federal, state and local taxes based on Your provision of Services and any payments received by You.
You will not make any misrepresentation regarding iHug, the iHug Ecosystem, the Services or Your status as a Provider, or, while providing the preventative care Services, or engage in any other activity in a manner that is inconsistent with Your obligations under this Agreement.
You will not attempt to defraud iHug or Patients in connection with Your provision of Services. If we suspect that You have engaged in fraudulent activity we may withhold applicable preventative care service fees or other payments for the appointment(s) in question.
You will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
Exceptions are available in the event it is unsafe, unhealthy or unsanitary for You to perform any basic and simple preventative care Services, Your safety comes first.
You agree that we may obtain information about You, including Your criminal and driving records, and You agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
Proprietary Rights and Trademark License: All intellectual property rights in the iHug Ecosystem shall be owned by us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or Product names set forth in the iHug Ecosystem are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by You to us are non-confidential and shall become the sole property of iHug. iHug shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
iHug logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of iHug in the United States and/or other countries (collectively, the “iHug Marks”). If You provide Services as a Provider, iHug grants to You, during the term of this Agreement, and subject to Your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the iHug Marks solely in connection with providing the preventative care Services through the iHug Ecosystem (“License”). The License is non-transferable and non-assignable, and You shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without iHug’s prior written permission, which it may withhold in its sole discretion. The iHug Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that iHug is the owner and licensor of the iHug Marks, and that Your use of the iHug Marks will confer no additional interest in or ownership of the iHug Marks in You but rather inures to the benefit of iHug. You agree to use the iHug Marks strictly in accordance with iHug’s Trademark Usage Guidelines, as may be provided to You and revised from time to time, and to immediately cease any use that iHug determines to nonconforming or otherwise unacceptable.
You agree that You will not: Create any materials that incorporate the iHug Marks or any derivatives of the iHug Marks other than as expressly approved by iHug in writing; use the iHug Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the iHug Marks other than in accordance with the terms, conditions and restrictions herein; take any other action that would jeopardize or impair iHug’s rights as owner of the iHug Marks or the legality and/or enforceability of the iHug Marks, including, without limitation, challenging or opposing iHug’s ownership in the iHug Marks; apply for trademark registration or renewal of trademark registration of any of the iHug Marks, any derivative of the iHug Marks, any combination of the iHug Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the iHug Marks; use the iHug Marks on or in connection with any Product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in iHug’s sole discretion. If You create any materials bearing the iHug Marks (in violation of this Agreement or otherwise), You agree that upon their creation iHug exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the iHug Marks or derivative works based on the iHug Marks. You further agree to assign any interest or right You may have in such materials to iHug, and to provide information and execute any documents as reasonably requested by iHug to enable iHug to formalize such assignment.
Copyright Complaints and Copyright Agent: iHug respects the intellectual property of others, and expects Users to do the same. If You believe, in good faith, that any materials on the Services infringe upon Your copyrights, please send the following information to iHug’s Copyright Agent at:
Agent: Jim Salter
Address: iHug, 2280 East Bidwell Street #214 Folsom, CA 95630
a description of the copyrighted work that You claim has been infringed, including specific location in the iHug Ecosystem where the material You claim is infringed is located. Include enough information to allow iHug to locate the material, and explain why You think an infringement has taken place; a description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published; 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; a statement by You, made under penalty of perjury, that the information in Your notice is accurate, and that You are the copyright owner or authorized to act on the copyright owner's behalf; and an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Disclaimers: The following disclaimers are made on behalf of iHug, our affiliates, and each of our respective officers, directors, employees, agents, shareholders and suppliers.
The iHug Ecosystem is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the iHug Ecosystem of Services, including the ability to provide or receive Services at any given location or time.
We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state.
We do not warrant that Your use of the iHug Ecosystem of Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, that any defects in the iHug Ecosystem will be corrected, or that the iHug Ecosystem is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the iHug Ecosystem of Services.
Although we encourage the highest quality and state-of-the-art preventative care Services, we have no control over the quality or safety of the preventative care Services provided by Providers.
We cannot guarantee that each User is who he or she claims to be. Please use common sense when using the iHug Ecosystem of Services. We agree to release ourselves of any responsibility, and we do not accept responsibility or liability for any content, communication or other use or access of the iHug Ecosystem by any persons who are in violation of this Agreement. We encourage You to communicate directly with each potential Provider or Patient prior to engaging in an arranged preventative care service.
iHug is not responsible for the conduct, whether online or offline, of any User of the iHug Ecosystem of Services. You are solely responsible for Your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal injury, sickness or even death. By using the iHug Ecosystem and participating in the preventative care Services, You agree to accept such risks and agree that iHug is not responsible for the acts or omissions of Users on the iHug Ecosystem or participating in the Services.
It is possible for others to obtain information about You that You provide, publish or post to or through the iHug Ecosystem (including any profile information You provide), send to other Users, or share during the Services, and to use such information to harass or harm You. We are not responsible for the use of any personal information that You disclose to other Users on the iHug Ecosystem or through the iHug Ecosystem of Services. Please carefully select the type of information that You post on the iHug Ecosystem or through the Ecosystem of Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized Users, or “hackers”).
Opinions, advice, statements, offers, or other information or content made available through the iHug Ecosystem or iHug Ecosystem of Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from Your reliance on information or other content posted on the iHug Ecosystem or otherwise disseminated by third parties. We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the iHug Ecosystem and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
The iHug Ecosystem contains (or You may be sent through the iHug Ecosystem) links to other web sites owned and operated by third parties (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third-Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites or Third Party Content accessed through the iHug Ecosystem.
Location data provided by the iHug Ecosystem is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither iHug, nor any of its content Providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the iHug Ecosystem. Any of Your Information, including geo-location data, You upload, provide, or post on the iHug Ecosystem may be accessible to iHug and certain Users of the iHug Ecosystem.
This paragraph applies to any version of the iHug Ecosystem that You acquire from the Apple App Store. This Agreement is entered into between You and iHug. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the iHug Ecosystem. iHug, not Apple, is solely responsible for the iHug Ecosystem and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon Your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License.
This paragraph applies to any version of the iHug Ecosystem that You acquire from the Apple App Store. This Agreement is entered into between You and iHug. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the iHug Ecosystem. iHug, not Apple, is solely responsible for the iHug Ecosystem and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon Your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple at https://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/, for purposes of which, You are “the end-User.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
Indemnity: You will defend, indemnify, and hold us and our affiliates and each of our respective officers, directors, employees, agents, investors, shareholders and suppliers harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the iHug Ecosystem and participation in the Preventative Care Services, including:
Your breach of this Agreement or the documents it incorporates by reference; Your violation of any law or the rights of a third party, including, without limitation, Providers, Patients, Businesses, other motorists, and pedestrians, as a result of Your own interaction with such third party; any allegation that any materials that You submit to us or transmit through the iHug Ecosystem or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; Your ownership, use or operation of a motor vehicle or passenger vehicle when heading to a preventative care appointment, including Your provision of preventative care Services as a Provider; and/or any other activities in connection with the preventative care Services. This indemnity shall be applicable in all States across the U.S. without regard to the negligence of any party, including any indemnified person.
Limitation of Liability: In no event will we, our affiliates, or each of our respective officers, directors, employees, agents, investors, shareholders or suppliers, be liable to You for any incidental, special, punitive, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the iHug Ecosystem, service interruptions, or for the cost of procurement of substitute Services) arising out of or in connection with the iHug Ecosystem, the Services, or this Agreement, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages (provided however that this provision shall not limit the scope of iHug’s insurance policies. We will not be liable for any damages, direct, indirect, special, punitive, incidental and/or consequential (including, but not limited to physical damages, bodily injury, death and/or emotional distress and discomfort) arising out of Your communicating with or meeting other Users of the iHug Ecosystem of Services, even if we or our agents or representatives know or have been advised of the possibility of such damages. Certain jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply to You, some or all of the above disclaimers, exclusions or limitations may not apply to You, and You may have additional rights.
Release: In the event that You have a dispute with one or more Users, You agree to release iHug (including our affiliates and each of our respective officers, directors, employees, agents, investors, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to Your use of the iHug Ecosystem or participation in the preventative care Services. Furthermore, You expressly waive any rights You may have under Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming Civil Code Section 1542 (or analogous laws of other states), which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” We reserve the right, but have no obligation, to monitor disputes between You and other Users.
Term and Termination: This Agreement is in full effect beginning 06/27/2014 to anyone who navigates the Application, iHug Ecosystem, website and/or app or any other Services. Also, upon Your creation of a User account, as amended by any modifications made pursuant to Section 1. You may discontinue Your use of the iHug Ecosystem or participation in the preventative care Services at any time, for any reason. We may suspend or deactivate Your User account (either as a Patient and/or Provider), or revoke Your permission to access the iHug Ecosystem, at any time, for any reason, upon notice to You. We reserve the right to refuse access to the iHug Ecosystem to any User for any reason not prohibited by law. Either party may terminate the Agreement for any reason upon written notice to the other party. Sections 1, 4 (with respect to the license), 6-11 and 13-21 shall survive any termination or expiration of this Agreement.
Arbitration, Class Waiver, and Jury Waiver: PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY. YOU WILL BE REQUIRED TO ARBITRATE DISPUTES WITH IHUG, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Applicability of Arbitration Agreement: All claims and disputes arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that You and iHug are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful claims.
Arbitration Rules: The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA"). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum's rules. Any judgment on the award rendered by the arbitrator will be entered into the court of competent jurisdiction as stated in section Governing Law and Choice of Forum
Additional Rules for Non-appearance Arbitration: If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
Authority of the Arbitrator: The arbitrator will decide the rights and liabilities, if any, of You and iHug. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon You and iHug.
Waiver of Jury Trial: YOU AND IHUG WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and iHug are instead electing to have claims and disputes resolved by arbitration per binding arbitrary clause. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between You and iHug over whether to vacate or enforce an arbitration award, YOU AND IHUG WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE Provider, BUSINESS OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER Provider, BUSINESS OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither You nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Governing Law and Choice of Forum section.
Confidentiality: No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Right to Waive: Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
Opt-out: You may opt out of this arbitration agreement. If You do so, neither You nor iHug can force the other to arbitrate. To opt out, You must notify iHug in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include Your name and address, Your iHug Username and the email address You used to set up Your iHug account (if You have one), and an unequivocal statement that You want to opt-out of this arbitration agreement. You must send Your opt-out notice to this address: iHug, Inc., ATTN: Arbitration Opt-out, 770 L St. Suite 950, Sacramento, CA 95814.
Small Claims Court: Notwithstanding the foregoing, either You or iHug may not bring an individual action in small claims court.
Arbitration Agreement Survival: This arbitration agreement in conjunction with the BINDING ARBITRARY/CLASS ACTION WAIVER and will survive the termination of Your relationship with iHug for an indefinite amount of time.
Confidentiality: You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to iHug’s business, operations and properties, including User information (“Confidential Information”) disclosed to You by iHug for Your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of iHug in order to prevent it from falling into the public domain. Notwithstanding the above, You shall not have liability to iHug with regard to any Confidential Information which You can prove: was in the public domain at the time it was disclosed by iHug or has entered the public domain through no fault of Yours; was known to You, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of iHug; becomes known to You, without restriction, from a source other than iHug without breach of this Agreement by You and otherwise not in violation of iHug’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to iHug to enable iHug to seek a protective order or otherwise prevent or restrict such disclosure.
No Agency: You and iHug are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Notices, Complaints: Except as explicitly stated otherwise, any notices to iHug shall be given by certified mail, postage prepaid and return receipt requested to:
20660 Stevens Creek Blvd
Cupertino Crossroads, Cupertino, CA 95014
Such notice shall be deemed given three days after the date of mailing. Any notices to You shall be provided to You through the iHug Ecosystem or given to You via the email address You provide to iHug during the registration process, and such notice shall be deemed given immediately upon sending. Alternatively, we may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to iHug during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
General: This Agreement shall be governed by the laws of the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be updated in good faith so all provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by iHug, in our sole discretion in accordance with the “Notices” section of this Agreement. Headings are for reference purposes only and in no-way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between You and iHug with respect to the subject matter hereof.
Data We Collect From You: In order to operate the iHug Ecosystem and to provide You with information about Products or Services that may be of interest to You, We may collect “personal information” (i.e. information that could be used to contact You directly (without using the iHug Ecosystem) such as full name, postal address, phone number, credit/debit card information, or email address) or “demographic information” (i.e. information that You submit, or that We collect, that is not personal information; this may include, but is not limited to, zip code, hometown, gender, Username, age/birth date, browsing history information, searching history information, and registration history information), or medical information such as DOB, height, weight, hereditary diseases, family history of disease etc. We will also collect the contact information of Your friends, if You choose to connect Your contacts and address book information with iHug and Your login credentials to Your social network accounts, such as Facebook and Twitter, if You choose to connect those accounts with Your iHug account. You represent and warrant that You have the authority to provide Us with any such contact information. Demographic information is divided into two categories:
“non-public information”, which consists of iHug information and one-on-one communications between You and other Users of the iHug Ecosystem; and
“public information”, which consists of all other demographic information.
Please note that the iHug Ecosystem knowingly collects, keeps and maintains personal information from children under the age of 18 under their parent(s) User account for preventative care Services. We require that all Users represent to Us that they are at least 18 years old. How We Use Personal Information
We use Your email address and Your other personal information to help Us efficiently operate the iHug Ecosystem, to contact You in connection with Your transactions and other activities on the iHug Ecosystem (including, but not limited to, confirmation emails, or important news that could affect Your relationship with iHug), and to contact You and others to suggest potential matches. We use Your contact information to find and connect with Your friends (when instructed by You). These types of communications are known as “Operational Communications.” In some cases, Operational Communications may also contain commercial messages, such as banner ads and special offers.
To operate the iHug Ecosystem, including processing Your transactions and supporting Your activities on the iHug Ecosystem, We may share Your personal information with Our agents, representatives, contractors and service Providers so they can provide Us with support Services such as email origination, receipt or support Services, customer relationship management Services, and order fulfillment. We require these entities not to use Your information for any other purpose.
By purchasing, or registering or making reservations for, Products or Services offered or sponsored by third parties on the iHug Ecosystem, or electing to receive communications (such as emails or material by mail) or electing to participate in contests, sweepstakes or other programs (such as discount or rewards programs), offered or sponsored by third parties on the iHug Ecosystem, You consent to Our providing Your personal information to those third parties. Those third parties may use Your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding Your preferences for the use of Your personal information by them. Additionally, You agree that We may use and disclose all such information so submitted to such third parties in the same manner in which We are entitled to use and disclose any other information You submit to Us.
Any third party with whom We are allowed to share Your personal information is authorized to use Your personal information in accordance with Our contractual arrangements with such third parties and in accordance with their own privacy policies, over which We have no control, and You agree that We are not responsible or liable for any of their actions or omissions. Those who contact You will need to be instructed directly by You regarding Your preferences for the use of Your personal information by them.
How to Edit Your Information: iHug provides You with the ability to access and edit Your personal information. To update Your personal info, click Settings in the iHug menu. There You can view, update and correct Your account information.
So that We can protect the integrity of sensitive data, there are certain pieces of information, such as Your age, that You cannot alter Yourself.
Our databases automatically update any personal information You edit in Your profile, or that You request We edit. Information transmitted through boards, chats, polls or through any other means remain in Our databases and become the property of iHug upon submission. Keep this in mind if You decide to communicate personal information through any of these applications.
Choice/Opt-Out: iHug provides Users the opportunity to opt-out of receiving advertisement communications from Us and Our partners at the point where We request information about the visitor. iHug gives Users the option to remove their information from Our database, to not receive future advertisement communications or to no longer receive Our service.
Our Security Precautions: Your iHug Profile is password-protected through fingerprint so that only You and authorized iHug employees have access to Your account information. If You have registered for iHug using Facebook Connect, Your account will be created using Facebook but a fingerprint will still be needed to access. This provides a highly secure login. In order to maintain this protection, do not lend Your phone out for extended periods of time to anyone. iHug staff will never proactively reach out to You and ask for any personal account information. If You share a computer, iHug cannot be accessed online, only through the app that is downloaded on the Users device.
iHug has security measures in place to protect against the loss, misuse and alteration of the information under Our control. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which You reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in Your country or jurisdiction.
The compilation of all content on the Websites is the exclusive property of iHug and is protected by United States and international copyright laws. Unless specifically authorized in writing by iHug, any use of these materials, or of any materials contributed to the Websites by entities other than iHug, on any other website or networked computer environment for any purpose is prohibited.
Any rights not expressly granted by these Terms and Conditions or any applicable end-User license agreements are reserved by iHug. Content and features are subject to change or termination without notice in the editorial discretion of iHug.
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 U.S. copyright law. If You believe in good faith that materials appearing on the Websites or iHug Mobile Application infringe Your copyright, You (or Your agent) may send us a notice requesting that the material be removed, or access to it blocked.
In addition, if You believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office website, currently located at https://www.loc.gov/copyright.
In accordance with the DMCA, iHug has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed Infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to our designated agent as follows:
Agent: Jim Salter
Address: iHug, 2280 East Bidwell Street #214 Folsom, CA 95630
(This telephone number is for copyright-related complaints only. No solicitations. For User and website Services, fax iHug at (800-608-4110.)
Please note: If You materially misrepresent that online material, Product, or activity is infringing Your copyrights, You may be liable for damages (including court costs and attorneys' fees) and could be subject to criminal prosecution for perjury. We suggest that You consult Your legal advisor before filing a notice or counter-notice.
Trademarks and service marks: “iHug" and the iHug logo(s) are registered service marks of iHug or its affiliates. Other proprietary marks of iHug or third parties may be designated as such from time to time on the Websites or iHug Mobile Application through use of the TM, SM, or ® symbols. Users of the Websites or iHug Mobile Application are not authorized to make any use of the iHug marks or the proprietary marks of third parties, including but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by iHug or the applicable third party.
Copyright © 2013-2017 iHug. All rights reserved for all countries.
Created: June 27, 2014
PAST DRIVER AGREEMENT, PROVIDER, COMPANION AGREEMENT - ACTIVE