This website, www.instamed.com (“Website”), is an Internet site maintained by InstaMed Communications, LLC, and its respective divisions, subsidiaries and affiliates (“InstaMed”) as a service to the Internet community.

By using this Website, you agree to be bound by the Terms of Use of this Website (“Terms of Use”) and the InstaMed Privacy Statement: http://www.instamed.com/privacy-statement (“Privacy Statement”). You may also be subject to other terms and conditions that are posted on InstaMed’s website specific to a particular program or service. If you do not agree with the Terms of Use or with the Privacy Statement, or other terms and conditions on this Website, then do not use this Website.

InstaMed reserves the right, at its sole discretion, to change the Terms of Use at any time. Please check the Terms of Use periodically for changes. Using this Website following the posting of changes to the Terms of Use shall constitute your acceptance of the revised Terms of Use.

InstaMed may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of the Website, at any time. InstaMed may also impose limits on certain features and services or restrict your access to parts of or the entire Website without notice or liability.

1. Privacy Statement

The Privacy Statement is designed to provide you control over your Personal Information (as defined in the Privacy Statement). More about the Privacy Statement.

2. InstaMed Content

This Website is protected by applicable law. The contents of this Website, including, but not limited to, text, names, data, compilations, graphics, logos, buttons, icons, images, audio, video, code, methods, techniques, models, and software (the “Contents”), are the property of InstaMed and/or its licensors/providers and are protected by the patent, copyright, trademark and trade secret laws of the United States and/or other countries. Except as otherwise expressly permitted under the Terms of Use, you may only download, display and print not more than three (3) copies of the Contents solely for your personal use, provided that you do not modify the Contents in any way and you keep intact all copyright, trademark, and other proprietary notices. You may not otherwise copy, store (either in hardcopy or in electronic format), transmit, transfer, perform, broadcast, publish, reproduce, create a derivative work from, display, distribute, sell, offer for sale, license, rent, lease, frame, deep link to, or otherwise use the Contents in any manner inconsistent with the rights of InstaMed without the express written permission of InstaMed.

3. InstaMed Trademarks

The trademarks, logos, and service marks (“Trademarks”) appearing on this Website are the property of InstaMed and/or its licensors/providers. Nothing contained on this Website should be construed as granting any license or right to use any Trademark without the prior written permission of the party that owns the Trademark.

4. No Warranties or Liability

THE CONTENTS ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. INSTAMED, ITS LICENSORS/PROVIDERS AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE, THE CONTENTS, THE PRIVACY STATEMENT OR THE TERMS OF USE.

INSTAMED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.

INSTAMED ASSUMES NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS IN CONNECTION WITH THIS WEBSITE, THE CONTENTS, THE PRIVACY STATEMENT OR THE TERMS OF USE. IN NO EVENT SHALL INSTAMED BE LIABLE TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF THIS WEBSITE, THE CONTENTS, THE PRIVACY STATEMENT OR THE TERMS OF USE.

5. Indemnity

You agree to indemnify, defend and hold harmless InstaMed and all of our successors, assigns and licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of claims by a third party relating to your use of this Website, or any breach or violation of the Terms of Use or any other terms and conditions contained on this Website.

6. Links to Other Websites

This Website includes many links to third-party sites. You may access these sites directly or through this Website. You may also be subject to the terms of use and privacy policies of these other websites. Links from this Website to other websites are provided solely for your convenience. You understand that should you leave this Website via a link, the content of that third-party site is not provided or endorsed by InstaMed, and InstaMed has not reviewed or approved the terms of use or other policies governing such sites. InstaMed does not monitor, make any representation with respect to or assume any liability for any third-party sites, including, without limitation, any products or services that are advertised or made available for purchase through such sites.

7. Your User Content and Communications

Our Website may allow users to post, submit, or display information, messages, suggestions, questions, comments, postings, advertisements, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audiovisual material, photographs, and pictures (including pictures of the user and other representations of the user’s name and likeness), digital images, or other content in any form (collectively “User Content”). It is the responsibility of the individual providing such User Content to ensure that no portion of the content is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties.

By posting User Content on this Website, you hereby grant InstaMed an unrestricted, transferable, sub-licensable, irrevocable, royalty-free, worldwide, and perpetual license to reproduce, distribute, publicly display, make derivative works of, and otherwise use the User Content in any media whatsoever now known or later invented throughout the world for any purpose whatsoever, commercial or not. You hereby disclaim any right to any compensation from InstaMed in connection with InstaMed’s exercise of its license rights in and to the User Content you have posted on this Website. You acknowledge and agree that InstaMed is under no obligation of confidence to you, and shall not be liable for any use or disclosure of any User Content. By posting the User Content on this Website, you represent and warrant that you own the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever. You agree to indemnify and hold InstaMed harmless from all actual and incidental costs and fees associated with InstaMed’s defense of any claims arising from User Content, including, but not limited to, all attorneys’ fees.

InstaMed reserves the right to review any User Content and remove, delete, redact, or otherwise modify such User Content, in its sole discretion, at any time and from time to time, without notice or further obligation to you. InstaMed has no obligation to display or post any User Content. InstaMed reserves the right to disclose, at any time and from time to time, any information or User Content that InstaMed deems necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal dispute process, or governmental request. InstaMed shall have no liability in connection with any User Content submitted to, transmitted via, or displayed or posted on this Website.

8. Copyright Infringement

InstaMed is committed to respecting others’ intellectual property rights, and we ask our users to do the same. InstaMed may, in its sole discretion, terminate the accounts or access rights of users who violate others’ intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement on this Website, please deliver the following information to InstaMed’s Copyright Agent:

  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner
  • A description of the copyrighted work that you claim has been infringed
  • A description of where the material that you claim is infringing is located on our Website
  • Your address, telephone number, and email address so that we may contact you
  • 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 to us is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf

InstaMed’s Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows:

InstaMed
Privacy Officer
1880 JFK Boulevard
12th Floor
Philadelphia, PA 19103

A copy of the notice and supporting materials should also be submitted electronically to support@instamed.com.

9. Governing Law and Jurisdiction

You agree that any claim, action or proceeding arising out of the Terms of Use, or your use of this Website, shall be governed by and construed in accordance with the laws of the United States and the Commonwealth of Pennsylvania, without regard to principles of conflict of laws. Any claim, action or proceeding related to the Terms of Use will be resolved exclusively in the state or federal courts located in the Commonwealth of Pennsylvania and you consent to the jurisdiction of those courts.

The Terms of Use are effective as of: June 1, 2013