TERMS OF USE
EFFECTIVE DATE: April 1, 2024.
PLEASE REVIEW OUR TERMS OF USE CAREFULLY BEFORE USING OUR
SERVICES OR OUR WEBSITE.
I. INTRODUCTION.
The following Terms of Use (the “Agreement”) should be read carefully and completely before using https://identid.com (the “site”) or any services provided through the Site, identID Corp. (the “Pharmacy”) or identID Health Corp. (together with the Site, collectively, the “Service”). By using the Services, you expressly agree to be bound by this Agreement, by and between you and the Service, (“identID” “us”or “we”), which incorporates by this reference any additional terms and conditions posted by IdentID through the Site, or otherwise made available to you by identID Health.
This Agreement does not represent the terms or conditions of any third-party website, application, or service that may link to or be accessible on or from the Service. identID Health provides management services to Castillo Medical Office, P.C. (the “Affiliated Medical Group”). This Agreement does not apply to the services provided by identID Health’s affiliated medical practitioners. For their Terms of Use, please refer to the Terms of Use and Privacy Policies of the Affiliated Medical Group.
You are not required to register with identID Health in order to access the Site. However, you must register with our third-party electronic medical records partner Tebra (the “EMR Partner”) if you choose to utilize our Services. Once you book an appointment or consultation with us, you will be directed to our Tebra’s platform to register and create your account. This Agreement does not apply to the services, site, or platform provided by the Tebra. Please refer to the Terms of Use and Privacy Policy of Tebra for complete
details.
Terms and Services: Visit https://www.tebra.com/tebra-terms-of-service/.
Privacy Policy: Visit https://www.tebra.com/tebra-privacy-policy/.
A. International Users; Use Outside the U.S.
The Service is intended solely for users in the United States. Individuals outside of the United States should not use the Service. If you are outside the United States, information related to your use of our Service may be transferred, processed, or maintained outside your state and country, and may be subject to laws in your location that may have less stringent protections than in the United States.
B. Minors and Service Usage.
This Site and the Services provided herein are intended exclusively for users who are 18 years of age or older. identID Health does not seek to offer or provide Services to individuals under the age of 18 (“Minors”). We do not knowingly engage in providing our Services to Minors, and in the event that we become aware that such Services have been rendered, we will take immediate steps to discontinue them. If you become aware that our Services have been implemented for a Minor, we ask that you promptly contact us at (888) 383-8839, email us at info@identidhealth.com, or send written correspondence to the address provided at the conclusion of this document.
C. Proof of Identification.
By using this Site, you are attesting to the fact that you meet these requirements and possess the legal rights and ability to agree to the terms set forth in this Agreement. Proof of identification will be required prior to your visit to ensure you are seeing a provider approved to treat you in your respective state of residence.
D. Changes to this Terms of Use.
We may update this Agreement by notifying you of such updates by any reasonable means, including by posting the updated Agreement to the Site. Any changes in updating this Agreement will not apply to any dispute between you and us arising prior to the date on which we posted the updated Agreement, or otherwise notified you of such updated Agreement. The "Effective Date" noted above signifies the date on which this Agreement first became operative, while the "Last Updated Date" at the conclusion of this document reflects the most recent date on which modifications were made. You should periodically review this page to determine if this Agreement has been updated. Your continued use of the Service following any updates to this Agreement shall constitute notice and acceptance of any such updates. Know that we will never make changes to this Agreement that diminish the protection of your personal information or are inconsistent with applicable law.
II. PRIVACY POLICY.
By accessing and/or utilizing the Service, you agree that identID Health may access information collected from you by us or any third-party providing services to identID Health. We will comply with all laws and regulations which apply to our retention and use of information pertaining to you, and we shall take all practicable steps to ensure that any information collected from you is protected against unauthorized or accidental access, erasure, or use. You can view identID Health’s complete Privacy Policy at https://identid.com/privacy-policy/.
III. NO MISREPRESENTATION OF YOUR IDENTITY.
You will not falsely state or otherwise misrepresent your identity or affiliation with another person or entity to obtain access to the Services or to access another person’s information. Except where expressly authorized by law, e.g., in the case where you are an authorized personal representative for another person, you will not use another person’s access information to access the Service. Violation of this provision may subject you to civil and criminal penalties.
IV. MINIMUM SYSTEM REQUIREMENTS.
The Services are designed to work on a variety of mobile devices, including devices running iOS and Android operating systems. The Services may not be compatible with all devices or operating systems, especially older operating systems that have not been regularly updated. identID Health shall have no responsibility or liability for any non- compatibility, loss of functionality or degraded performance in the Services due to any particular device or operating system. You are responsible for keeping your device and operating system up to date.
V. USE OF INFORMATION.
identID Health complies with all laws and regulations which apply to our collection and use of information pertaining to you, and we shall take all practicable steps to ensure that any information we receive about you is protected against unauthorized or accidental access, erasure or use. More specifically, all of your personal information and any Protected Health Information (“PHI”) you provide will be kept private and secure within our third-party EMR Partner Tebra and treated in accordance with the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy and Security Rules. You are solely responsible for the information that you submit. You agree that identID Health may access and use this information to provide, operate, and improve the Service and our business. All information or content provided by you to identID Health will be used by us in accordance with our Privacy Policy. Specifically, know that our communications with you are strictly limited to and for the purpose of communication with you about the Service, including announcements, updates, scheduling, security alerts, and support and administrative messages.
identID Health may monitor your usage of the Service in order to improve quality, and to enhance our service to you.
While identID Health does not sell your information to any third parties and complies with applicable laws regarding the disclosure of PHI, in order to provide you with the full benefit of Services, identID may provide certain information, including PHI, to such service providers in order to assist you in using such services. Disclosure may also be made as permitted by applicable law for the purpose of treatment or payment as permitted by HIPAA. You expressly authorize identID Health to make such disclosures. Again, rest assured that identID Health only makes such disclosures as permitted by HIPAA and in connection with the Services.
However, if you do choose to purchase or use such products or services, you may be asked by such service provider to provide additional personal information in order to receive such products or services. identID Health is not responsible for any information that you choose to provide to such service providers, and you understand that such service providers may not be subject to health information privacy laws. identID Health will not disclose any such information to service providers that are not subject to health information privacy laws unless they abide by specific safeguards and contractual restrictions that protect your privacy.
VI. FOR INFORMATION PURPOSES ONLY.
The content on the Site has been prepared solely for information purposes, and your use of the Service does not entitle you to any product or service offered by identID Health. The Site contains general information only and does not consider any particular person’s health or situation. All information, opinions and estimates expressed on the Site are current as of the date of publication, are subject to change without notice, and may become outdated over time.
The opinions expressed on the Site are non-binding and may not represent the actual terms and conditions of identID Health Services. Statements or opinions on this Site do not constitute medical, psychological, or other professional advice. Contact your doctor or nurse if you need non-emergency medical care.
identID Health does not provide medical advice, provide nursing care, diagnose or effectuate treatment. Those are activities for you to undertake with your doctor or other appropriately trained and qualified health professional during a scheduled patient- clinician visit.
IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD CALL YOUR DOCTOR OR 911 IMMEDIATELY.
VII. COMMUNICATION WITH A PROVIDER.
The Service contains functionality for you to book a virtual appointment with an Affiliated Medical Group-licensed provider. We try to connect you with Affiliated Medical Group- licensed provider but cannot guarantee that a provider will always be available at the times you wish to contact them. identID Health makes no guarantees an Affiliated Medical Group-provider will be available at the time you desire.
VIII. NO PRACTICE OF MEDICINE BY “THE SERVICE”
identID Health does not provide medical advice or care. The Service provides users with online access to Affiliated Medical Group-licensed providers who may provide treatment options. However, whether the provider will provide specific treatment is solely between you and the provider.
identID does not provide or guarantee medical diagnosis, treatment or prescriptions of any kind. All information provided on the Site is intended to be for general information and health education purposes only, and is no way intended to create a provider-patient relationship as defined by any state or federal law. The Site is not a substitute for professional medical diagnosis or treatment. Reliance on any such information provided by identID and/or the Site is solely at your own risk.
IX. INDEPENDENCE OF PROVIDERS.
The licensed providers associated with the Service are employed by the Affiliated Medical Group and are not employees of identID Health. Any health education, opinions, medical advice, treatment options, or information expressed by the provider in connection with the Service are of the provider and the provider alone. They do not reflect the opinions of identID Health. identID Health does not recommend nor endorse any specific tests, providers, products, procedures, opinions or other information that may be mentioned on the Site or by an employee, representative, or agent of the Affiliated Medical Group.
Such information is provided on an “as-is” basis and identID Health disclaims all warranties either expressed or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. identID Health shall in no event be held liable to you or to anyone for any decision or action made and/or taken by any party, including and without limitation of any user, in reliance on information provided by the Affiliated Medical Group or any other third-party partners.
The use of the Service by any entity or individual to verify the credentials of providers is strictly prohibited.
All opinions and statements expressed by a provider in connection with the Service and during any session facilitated through the Service are solely the individual and independent opinions and statements of the provider and do not reflect the opinions of identID Health.
X. PRESCRIPTIONS.
Affiliated Medical Group-licensed provider write prescriptions in accordance with their professional judgment following both federal and state law. Providers do not guarantee prescriptions. You will not be able to obtain a prescription product unless you have completed a consultation with an Affiliated Medical Group-licensed provider and the provider, in their sole discretion, determines a prescription is right for you. There is no guarantee that a provider will write you a prescription, nor will identID Health guarantee or write prescriptions for you on the provider’s behalf.
If an Affiliated Medical Group-licensed provider determines a prescription is appropriate for you and writes a prescription, upon confirmation of payment from you for the prescription, the prescription will be sent for fulfillment by our affiliated pharmacy,
identID Corp. (“the Pharmacy”), located at: 22-02 46th Street, Suite 1028, Astoria, NY 11105 or our partner pharmacy, Belmar Florida Pharmacy, located at: 2500 Lakepointe Parkway, Odessa, FL 33556.
For more information on Belmar Florida Pharmacy’s Terms of Use and Privacy Policy, please visit:
Terms of Use: Visit www.belmarpharmasolutions.com/terms-of-use/.
Privacy Policy: Visit www.belmarpharmasolutions.com/privacy-policy/.
Alternatively, you may have the prescription filled at any pharmacy of your choice for an additional fee. You will need to contact the Pharmacy to have this prescription sent to an alternate location. The additional fee will be equal to or greater than the services rendered for your visit and will be paid in full prior to having the prescription sent.
Upon delivery, carefully review product information and package inserts regarding dosage, warnings, interactions, and other information before administering or using any device, drug, herb, vitamin, or supplement received through the Pharmacy, Belmar Florida Pharmacy or an alternate pharmacy. For other non-health-related content provided, content is for reference only and describes general principles of health care and are not specific instructions for individual patients made by their provider. If you have any questions about health-related content, please contact your Affiliated Medical Group-licensed physician through the Tebra patient portal. The Service will be available to provide patients assistance in reaching their provider for communication by phone at (888) 383-8839 and by email at info@identidhealth.com.
The Service is not a replacement for your primary care provider, specialist or annual office check-up. The Service is not an online pharmacy. You agree that any prescription obtained through the Service from an Affiliated Medical Group-licensed provider will be used only for its intended use. identID Health does not guarantee that a specific medication will be prescribed if requested. Your prescription packaging may not be dispensed in a child-resistant package and/or container.
XI. THE SERVICE FEES.
A. Credit Card Authorization.
For any Service to be rendered, identID Health requires a credit card to be kept on file. This credit card information is obtained with the Credit Card Authorization Form, which remains within the electronic medical record (EMR) Tebra. Payment for Services must be made in full upfront and received prior to the dispensing of your medication from the Pharmacy.
B. Consultation Fees.
identID Health provides management services to the Affiliated Medical Group. Each time identID Health connects you with an Affiliated Medical Group-license provider as part of the Service, a consultation fee may apply depending on the nature and subject of the consultation. Consultation fees mentioned herein may be subject to modification with notice, in accordance with these Terms of Use.
Specifically, all consultations in connection with the Service regarding:
- Erectile Dysfunction, Performance Anxiety and Hair loss are free of charge.
- Weight Loss, Testosterone Replacement and Insomnia will result in a fee of fifty dollars ($50.00) per consultation.
C. Payment Plans.
Additionally, the Service offers subscription and month-to-month payment options. These Services include Testosterone Replacement Therapy (TRT) and Weight Loss Therapy.
- Month-to-Month Payment Option: will charge the credit card on file only at the request for a refill by the patient. Refills requests must have pre-authorization by their provider.
- Subscription Payment Option: requires a minimum three month commitment with automated charges to the credit card on file at regular monthly intervals until the remainder of your subscription. This information is also available during the checkout process. If you choose to cancel before the end of your commitment, you will still be responsible for the remaining cost of your original subscription.
If you purchase the initial Semaglutide or Tirzepatide subscription and are taking a higher dosage than the initial dosage protocols outlined for those products, your subscription charge may be changed to account for that higher dosage. If you wish to cancel your subscription prematurely, or desire more information about subscription and/or month-to-month payment options, you may contact us directly through your Tebra patient portal, emailing us at info@identidhealth.com or calling us directly at (888) 383-8839.
D. No Refund Policy
Except in the specific situation mentioned below, there will be no refunds for Services rendered. Nonetheless, identID Health may on a case-by-case basis, and at our sole and absolute discretion, assess an inquiry into a possible refund.
- Partial Refund Eligibility: If your provider determines that you are not a suitable candidate for a medical prescription related to Erectile Dysfunction, Performance Anxiety, and Hair Loss, you will receive a refund of the medication cost minus a processing fee of five dollars ($5.00). If your provider determines that you are not a suitable candidate for a medical prescription related to weight loss, insomnia, and testosterone replacement, a refund of the medication cost minus a consultation fee of fifty dollars ($50.00) will be issued.
E. Refund Policy for Medications Shipped with Ice.
All weight loss medications are shipped with ice and must be picked up within 24 hours of the delivery time. If the medication remains at room temperature for more than 24 hours, its potency may be compromised. Neither IdentID Health nor its affiliated pharmacy partners are responsible for any medication that is damaged due to being left out or not properly stored after delivery. No refunds will be issued for medications that are left out for more than 24 hours after the delivery time.
F. No Insurance Claims.
You agree not to submit any claims to Medicare/Medicaid, any other federal payor, or any state or private insurer. As such, neither you, the Service nor the Affiliated Medical Groups may receive payment from such programs for services or products provided to you by identID Health or the Affiliated Medical Groups.
Further, to the extent that any labs, pharmacies, or providers may be enrolled in federal or state healthcare programs, the means through which the services and products are provided or made accessible through the Service typically precludes such services and products from being covered benefits under these programs. By agreeing to use this service, you are specifically choosing to obtain products and services on a cash basis outside of any federal or state healthcare program. Thus, you are solely responsible for the costs of any service or product provided to you.
G. Cash Basis Services.
If any Labs, Pharmacies, or Providers associated with this Service are enrolled in federal or state healthcare programs, the manner in which services and products are offered through this Service typically excludes them from being covered benefits under these programs. By using this Service, you explicitly choose to obtain products and services on a cash basis, independent of any federal or state healthcare program. Therefore, you are solely responsible for all costs associated with any Service or product provided to you.
XII. AVAILABILITY OF SERVICE.
identID Health operates subject to state and federal regulations, where applicable, and the Services may not be available in your state, territory, and country. You represent that you are not a person barred from accessing the the Service under the laws of the United States or any other applicable jurisdictions in which you may be located. Accessing the Service from jurisdictions where content is illegal, or where identID Health does not offer services, is prohibited.
Your access to the Service is provided on a temporary basis with no guarantee for future availability. You agree that we may immediately suspend or terminate your access to the Service or any part thereof. You further agree that such measures may be taken in our sole discretion and without liability to you or any third-party. Cause for such measures include, without limitation:
- Breach or violation of these Terms of Use or other incorporated agreements or guidelines.
- Discontinuance or material modification to the Service.
- Unexpected technical, security issues or problems.
- Extended periods of inactivity.
- Your engagement in fraudulent or illegal activities.
identID Health uses commercially reasonable efforts to maintain the Service, but we are not responsible for any defects or failures associated with the Service, any part thereof, any feedback you provide, or any damages (such as lost profits or any other consequential or indirect damages) that may result from any such defects or failures. The Service may be inaccessible or inoperable for any reason, including, without
limitation:
- Equipment malfunctions.
- Periodic maintenance procedures or repairs which we may undertake from time to time.
- Causes beyond our reasonable control or which we could not reasonably foresee.
You understand that the Service is provided over the internet, so the quality and availability of the Service may be affected by factors outside of our control. The Service is not intended to be available 100% of the time and we do not make any representations, warranties, or guarantees regarding the reliability or availability of the Service. We do not represent, warrant, or guarantee that the Service will always be completely free of human or technological errors. We will not be liable to you or any third-party for damages or losses related to the Service being unavailable.
Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the Service on your mobile, handheld device (“Mobile Device”). You understand that your Mobile Provider may charge you fees for your use of its network connection services while accessing or using the Service, for data downloading, e-mail, text messaging, roaming, and any other Mobile Provider or third- party charges. You accept responsibility for all mobile provider fees.
XIII. NO RELIANCE.
While identID Health has endeavored to ensure the accuracy of the information on the Site, identID Health does not guarantee or give any representation or warranty as to the non-infringement, accuracy, timeliness or completeness of any information, published third-party content or material published on the Service. All service information is provided “as is” and without warranty of any kind. Accordingly, you should not place reliance on Service content. In relation to third-party content, identID Health may not have independently verified the accuracy or completeness of such information or the assumptions on which such information is based.
XIV. NO REPRESENTATION OR WARRANTY.
The content provided through this service is offered on an “as is” and “as available” basis, without any representations or warranties of any kind, whether express or implied, to the fullest extent permitted by applicable law. This includes, but is not limited to, any representations or warranties related to non-infringement of third-party rights (including but not limited to intellectual property rights), title, merchantability, satisfactory quality, or fitness for a particular purpose.
To the extent allowed by applicable law, identID Health shall not be liable for any direct, special, indirect, consequential, incidental damages, or any other damages of any kind, including those arising from gross negligence or willful misconduct, resulting from your use of the Service.
XV. DISCLAIMERS, LIMITS OF LIABILITY & INDEMNIFICATION.
identID Health provides the Services as a convenience to you, on an “as is” and “as available” basis. These Services are offered without any warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by applicable law, identID Health expressly disclaims all warranties, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, performance, reliability, security, availability, accuracy, quality, appropriateness, completeness, or non- infringement. identID Health does not warrant that the Services will be error-free or uninterrupted. You are responsible for verifying any information of importance to you on the product packaging before use. identID Health disclaims any liability for any user content, user actions, or third-party actions. You assume full responsibility for the accuracy, appropriateness, and legality of any information you provide to us and agree to use these Services at your own risk.
These Services are intended for users in the United States. identID Health makes no representation or warranty that the Services are appropriate or available for use in other jurisdictions. Nothing in the Services should be construed as an offer or solicitation where such offer or solicitation is illegal.
As part of the consideration for accessing our Services, you agree that identID Health shall not be liable to you in any way for decisions you make or actions or inactions taken based on the Services. You further agree that identID Health's aggregate liability, arising from or related to your use of or access to the Services, regardless of the legal theory (e.g., contract, warranty, tort, negligence, strict liability, professional malpractice, fraud, infringement, etc.), is limited to the purchase price of any items or services you purchased from identID Health in the applicable transaction, if any. Under no circumstances shall the Service be liable for any direct, indirect, special, incidental, consequential, or punitive damages (“Damages”). identID Health shall not be responsible for any Damages resulting from the actions or inactions of the Affiliated Medical Group, the Affiliated Medical Group-licensed provider, the EMR Partner, or any mistakes, omissions, interruptions, deletions of files, errors, defects, delays in operation or transmission, or any failure of performance by identID Health, whether or not caused by events beyond the Service’s reasonable control. Such events include but are not limited to acts of God, communication line failures, theft, destruction, or unauthorized access to our sites, records, programs, services, or content, even if identID Health has been advised of the possibility of such damages. If you are dissatisfied with these Terms or our Services, your sole and exclusive remedy is to discontinue using the Services.
Some jurisdictions do not allow the exclusion or limitation of liability for incidental, consequential, or other damages; as such, the above limitations or exclusions may not apply to you. This paragraph does not apply to residents of New Jersey to the extent that damages to such residents result from identID Health’s negligent, fraudulent, or reckless acts or intentional misconduct.
You agree to indemnify, defend, and hold harmless identID health, including its officers, directors, and employees, from and against all losses, expenses, damages, fees, fines, and costs, including, without limitation, reasonable attorneys fees, resulting from or related to your use of the Services or violations of these Terms.
identID Health provides administrative and management services to the Affiliated Medical Group and its employed providers. The Service does not own, operate, or employ the medical practices of the Affiliated Medical Group, nor does it supervise the medical practices in any way. The Affiliated Medical Group and its employed providers have sole control over the care provided to patients.
XVIII. GEOGRAPHIC RESTRICTIONS, LAWS & REGULATIONS.
identID Health Services are generally intended for and available only within the United States. This Service is not directed at individuals who access it from locations outside the United States. identID Health makes no representation or warranty that any materials, opinions, or other content available through the Service are appropriate for use or lawful in all jurisdictions. Users who choose to access the Service from outside the United States do so at their own initiative and are solely responsible for compliance with any applicable local laws or regulations. If you are uncertain about the legality of accessing this Service from your location, you should seek legal advice. If accessing this Service is prohibited by the laws of your jurisdiction, you should not use the Service, and identID Health assumes no responsibility for any such unauthorized or prohibited access.
XIX. DISPUTE RESOLUTION.
If a dispute arises between you and IdentID Health, we strongly encourage you to contact us directly to attempt to resolve the matter informally. You can reach us by phone at (888) 383-8839, by email at info@identidhealth.com, or by sending a letter to IdentID Health Corp., 4502 Ditmars Blvd, Suite 1028, Astoria, NY 11105. We are committed to addressing your concerns and resolving disputes in a prompt and fair manner.
If we are unable to reach an informal resolution, you and identID Health agree that any disputes or claims arising out of or relating to these Terms or your use of the Services shall be resolved exclusively through final and binding arbitration, rather than in court. This Agreement to Arbitrate is governed by the Federal Arbitration Act and will be conducted by the American Arbitration Association (“AAA”) under its rules and
procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, as applicable, and as modified by these Terms. For more information regarding the AAA’s rules and procedures and initiating arbitration proceedings please visit AAA’s website https://www.adr.org/. The arbitration will be held in the county of your residence. If the value of the claim is $10,000 or less, either party may choose to conduct the arbitration by telephone or based solely on written submissions, subject to the arbitrator’s discretion to require an in-person hearing if necessary. You and identID may attend any in-person hearing via telephone unless the arbitrator orders otherwise. The arbitrator will resolve all claims according to the laws of the State of New York, including recognized principles of equity, and will honor all legally recognized claims of privilege. The arbitrator is not bound by prior arbitration rulings involving different identID Health users but must follow rulings from prior arbitrations involving the same identID Health user to the extent required by law. The arbitrator’s decision will be final and binding, and any judgment on the arbitrator’s award may be entered in any court with proper jurisdiction.
You and identID Health agree that any claims must be brought on an individual basis and not as part of any class or representative action. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims or preside over any form of a representative or class proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only to the individual party seeking relief and only to the extent necessary to address that party’s individual claims. Such relief will not affect other users of the Service.
You have the option to reject this Agreement to Arbitrate by sending us a signed opt-out notice (“Opt-Out Notice”) within 30 days of your first use of the Services or acceptance of a revised version of these Terms. The Opt-Out Notice must include a statement that you do not agree to the Agreement to Arbitrate, along with your name, address, phone number, and any email address(es) associated with your account(s). The Opt-Out Notice must be mailed to identID Health Corp., located at 4502 Ditmars Blvd, Suite 1028, Astoria, NY 11105. This procedure is the only way to opt-out of the Agreement to Arbitrate. If you opt-out, the rest of these Terms, including this Dispute Resolution section, will continue to apply. Opting-out of this Agreement to Arbitrate does not affect any other arbitration agreements you may have with us, either past or future.
To the extent permitted by law, any claims arising from or related to the use of the Services or these Terms must be filed within one (1) year from the date of the event that gave rise to the claim.
XX. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a process 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 content available on the Service infringes your rights under U.S. copyright law, you (or your authorized agent) may submit a written notice to identID Health, requesting the removal or blocking of the infringing material.
Similarly, if you believe in good faith that someone has mistakenly filed a notice of copyright infringement against you, the DMCA permits you to submit a counter-notice. Both notices and counter-notices must be in writing and must comply with the statutory requirements of the DMCA (for detailed information, see http://www.copyright.gov/).
To submit a DMCA notice of alleged infringement, your written communication must include the following:
1. Identification of the Copyrighted Work: Provide sufficient information to identify the copyrighted work(s) you believe have been infringed.
2. Identification of the Infringing Material: Provide sufficient details to identify the allegedly infringing material, including its location on the Service, so that identID Health can locate it.
3. Good Faith Statement: A statement from the copyright owner (or the authorized representative) asserting a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
4. Contact Information: Include your contact information, such as your mailing address, telephone number, and, if available, an email address.
5. Accuracy and Authorization Statement: A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
6. Signature: A physical or electronic signature from the copyright owner (or the authorized representative) of the work(s) believed to be infringed.
identID Health takes copyright infringement seriously and will act promptly to address valid notices in compliance with the DMCA. For more information on the DMCA, do not hesitate to contact us directly at (888) 383-8112 or email us at info@identidhealth.com. DMCA notices and counter-notices should be sent in writing to identID Health’s DMCA Agent at the following contact details:
Postal Mail: identID Health Corp.
Attn: DMCA Agent, Legal Department
45-02 Ditmars Blvd, Suite 1028
Astoria, NY 11105
XXI. PROPRIETARY RIGHTS.
Subject to your compliance with this Agreement, identID Health grants you a limited, revocable, non-exclusive, and non-transferable license to access, use, and display the Service (including any content or materials generally made available through the Service to users) solely for your personal, non-commercial use. This license is valid only as long as you are permitted by identID Health to use the Service. No title, rights, or interests in any materials downloaded from the Service are transferred to you as a result of such downloading for personal, non-commercial use.
All rights, titles, and interests in the Service and all content available through the Service, including but not limited to text, graphics, legends, customized graphics, original photographs, data, images, music, audio and video clips, typefaces, titles, button icons, logos, designs, words or phrases, page headers, and software, as well as the design, coordination, arrangement, enhancement, and presentation of this material, are owned by identID Health and/or its suppliers and vendors. The Service and its content are protected by trademark, service mark, copyright, and/or other intellectual property rights held by identID Health. Any trademark or copyright notices on the Service may not be removed or altered in any way. identID Health’s trademarks and copyrights may not be used in connection with any products or services not offered by or on behalf of identID Health. You acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed.
You are strictly prohibited from copying, publishing, broadcasting, re-broadcasting, webcasting, transmitting, modifying, deleting, augmenting, distributing, downloading, storing, reproducing, sub-licensing, adapting, creating derivative works of any content available through the Service, or posting this content or selected portions of this content in any manner on any network computer, broadcast media, or other technologies existing now or hereinafter developed for unauthorized publication or commercial use without prior written consent from identID Health. You agree not to reproduce, duplicate, copy, sell, resell, decompile, disassemble, or exploit for any commercial purposes any portion of the Service, use of the Service, or access to the Service. Additionally, you agree not to collect any information about Site visitors or users of the Service, or to systematically download and store Service content.
You further agree not to send, upload, post, reproduce, transmit, or distribute any communication, content, or material of any type through the Service or otherwise to identID Health that infringes or violates any rights of any party or violates this Agreement.
If you submit or provide identID Heath with any communications, content, or material, including but not limited to personal or commercial information, ideas, concepts, or inventions, you hereby irrevocably grant identID Health an unrestricted, worldwide, perpetual, sub-licensable (through multiple tiers), royalty-free license to use, reproduce, publicly display, perform, publish, transmit, distribute, and otherwise exploit such materials in any medium and for any purpose. Additionally, you agree that identID Health is free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to identID Health in accordance with the foregoing license grant. You also irrevocably waive any “moral rights”; or other rights regarding attribution of authorship or integrity of materials, ideas, concepts, or know-how that you may have under any applicable law or legal theory.
XXII. PROHIBITED USES.
When using this Service, you agree to refrain from engaging in any of the following prohibited activities:
- Overburdening Servers: You are prohibited from using this Service in any manner that could damage, disable, or overburden any identID Health server or any network connected to an identID Health server. All servers have limited capacity and are shared by many users.
- Interference with Others: You are prohibited from using this Service in any way that interferes with another party’s use and enjoyment of the Service.
- Misuse of IdentID Trademarks: You are prohibited from using the term “identID”, “identID Health”, or any identID Health trademark, executive’s name, or any variation thereof without authorization.
- Automated Tools: You are prohibited from using any robot, spider, intelligent agent, or other automatic device, or manual process to search, monitor, or copy this Service or the reports, data, information, content, software, products, services, or other materials available through the Service without identID Health’s prior permission. However, you may use generally available third-party web browsers without such permission.
- False Affiliation: You are prohibited from using this Service in any manner that could create a false impression of affiliation, sponsorship, or endorsement by identID Health or any of its customers.
- Unlawful Activities: You are prohibited from using the Service for any unlawful, illegal, or otherwise prohibited purpose.
- Harming Others: You are prohibited from using the Service to cause harm or attempt to cause harm to others.
- Offensive Content: You are prohibited from uploading or posting any statements or information that could reasonably be considered offensive, obscene, pornographic, illegal, or otherwise inappropriate.
If your actions in using the Service cause harm or result in losses, damages, or costs to identID Health or any other party associated with identID Health, you agree to compensate identID Health or the affected party for any such losses, damages, or costs resulting from your failure to comply with these Terms of Use.
XXIII. LINKS TO AND FROM THE SERVICE
The Service may contain links to third-party websites or pages that are provided for informational purposes only. These linked sites or pages have not necessarily been reviewed or verified by identID Health. identID Health assumes no responsibility for the content, accuracy, or practices of any third-party sites or pages linked to or from the Service. The inclusion of any link on the Service does not imply any affiliation,
sponsorship, approval, verification, investigation, monitoring, or endorsement by identID Health of the linked sites or pages or their content.
Accessing or following links to any third-party websites or pages is done entirely at your own risk. identID Health disclaims any responsibility or liability, to the fullest extent permitted by law, for any losses, damages, or penalties that may result from your use of or reliance on any content, products, or services available on or through any linked sites or pages.
XXIV. GENERAL PROVISIONS.
If any provision of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. All other provisions of these Terms of Use shall remain valid, enforceable, and in full force and effect.
XXV. CONTACT US
If you have any questions, comments, or concerns regarding the Service or these Terms of Use, please feel free to reach out to us using the appropriate contact information below:
For Privacy Concerns:
- Email: info@identidhealth.com
- Phone: (888) 383-8839
- Postal Mail: identID Health Corp., 45-02 Ditmars Blvd, Suite 1028, Astoria, NY 1110
For All Other Inquiries:
- Email: info@identidhealth.com
- Phone: (888) 383-8839
- Postal Mail: identID Health Corp., 45-02 Ditmars Blvd, Suite 1028, Astoria, NY 11105
LAST UPDATED: August 1, 2024.