PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE.
This website, www.instamed.com (which includes its subhierarchies such as developers.instamed.com, the “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.
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.
Unauthorized use of InstaMed’s Website and systems, including but not limited to unauthorized entry into InstaMed’s systems, misuse of passwords, posting of objectionable or offensive content or your unauthorized use of legally protected third party content, or misuse of any information posted to a site, is strictly prohibited. You agree not to attempt to log on to the Website from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to the Website from one of these countries may result in your access being restricted and/or terminated. Use of this Website, including any patterns or characteristics concerning your interaction with it, may be monitored, tracked and recorded. Anyone using this Website expressly consents to such monitoring, tracking and recording.
1. Privacy Statement
The Privacy Statement is designed to provide you control over your personal information (as such term is used in the Privacy Statement). More about the Privacy Statement.
You agree that your use of this Website by itself does not and will not create or establish a customer or client relationship between you and InstaMed or any of InstaMed’s affiliates (“We” or “Us”). We are not providing you any investment advice through InstaMed or other advice on which you may rely. All of our and our affiliates’ products and services are subject to availability and the applicable terms and conditions.
Any invoices or billing statements (“Statements”) that you may receive from entities (collectively, “Biller”) that refer to InstaMed but are payable to the Biller are solely between you and your Biller. We do not review, endorse, control or verify any information that a Biller adds to such Statements or assume responsibility for their accuracy or legality.
We are not acting as your or your Biller’s agent or representative via the Website, and we have no duty or obligation to you with respect to your underlying agreement(s) with such Biller. We are not a party to your underlying agreement(s). We do not have any duties or responsibilities under your underlying agreement(s). We are not responsible for any aspect of your relationship with your Biller.
By providing us with your bank account information, you authorize InstaMed to share this information with Early Warning System LLC (or its affiliate) for purposes of validating (i) that the bank account that is to be enrolled for use in connection with future transactions exists and/or is in good standing and (ii) that you are an authorized accountholder, user or signatory of such bank account.
3. Passwords and Other Sensitive Information
To prevent unauthorized access to this Website, you agree to protect and keep confidential the user ID and password that you use to access this Website. We may at our option change the parameters for your password without prior notice to you, and if we do so, you will be required to change your password the next time you access this Website.
The loss, theft, or unauthorized use of your user ID and password could enable unauthorized persons to access sensitive information about you (such as your mailing address, email address, phone number, and bank information) and to initiate payments from your bank account. If you disclose your user ID and/or password to any person or entity, you assume all risks associated with such disclosure to the extent permitted by applicable law.
4. Termination and Suspension
We may terminate, suspend, restrict, or limit your access to this Website at any time for any reason or no reason without prior notice. We may determine other eligibility criteria and decline or prevent any or all transactions through this Website, including payment transactions through the Website, each in our sole discretion.
5. InstaMed Content
You expressly acknowledge that InstaMed retains all worldwide right, title and interest in and to the Website and the Contents, including all intellectual property rights therein and any derivative works or enhancements thereof. You agree not to do anything inconsistent with such ownership. Any rights not expressly granted herein are withheld.
6. 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.
7. No Warranties; Limitation of Liability
INSTAMED PARTIES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIM 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. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INSTAMED SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, INSTAMED MAKES NO WARRANTIES RELATED TO OR IN CONNECTION WITH ANY THIRD PARTY, SOFTWARE, DATA, HARDWARE OR EQUIPMENT. ANY OF THE CONTENTS OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
UNDER NO CIRCUMSTANCES WILL INSTAMED BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER INSTAMED HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. INSTAMED ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF THE WEBSITE OR THE CONTENTS; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR THE CONTENTS; (III) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR DATA OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR DATA POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE OR THE CONTENTS; AND/OR (IV) YOUR SERVICES. IN NO EVENT SHALL INSTAMED’S AGGREGATE LIABILITY ARISING IN CONNECTION WITH THIS AGREEMENT EXCEED $500.
9. Links to Other Websites
10. 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.
11. 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:
InstaMed’s Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows:
InstaMed Communications, LLC
1880 John F Kennedy Boulevard
Philadelphia, PA 19103
A copy of the notice and supporting materials should also be submitted electronically to [email protected].
12. Potential Disruption of Service
Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:
13. Governing Law and Jurisdiction
You are permitted to use InstaMed Connect solely to create, develop or enhance your application(s) for integration with InstaMed’s products or services. You may not, nor will you permit another party to, scrape, build databases or otherwise create permanent copies of InstaMed Connect or any of the Contents. You may not use the InstaMed Connect or any of the Contents to develop or to provide any payment processing service, payment gateway or similar service, other than InstaMed’s payment processing service.
Your access to InstaMed Connect and the Contents do not grant you any rights to InstaMed’s services or software or the content accessed through them, or any other intellectual property rights of InstaMed. Except as expressly permitted in this Agreement, you will be required to enter into a commercial license agreement with InstaMed (acceptable to InstaMed in its sole discretion) in order to access and use InstaMed’s products and services.
Revised and in effect October 27, 2022