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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 (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.

By using this Website, you agree to be bound by (i) these Terms of Use of this Website (“Terms of Use”); (ii) the InstaMed Privacy Statement: https://www.instamed.com/privacy-statement/ (“Privacy Statement”); and (iii) the InstaMed Communications Terms and Conditions: https://www.instamed.com/communications-terms-and-conditions/.

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.

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.

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.

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.

5. Indemnity

Subject to any other agreements you have entered into with InstaMed, if you use the Website, you shall indemnify, defend, and hold harmless InstaMed and all of its direct and indirect subsidiaries, affiliates, officers, directors, employees, agents, successors, and assigns from any and all losses, liabilities, damages, and all related costs and expenses, arising from, relating to, or resulting (directly or indirectly) from such access. Further, without limiting InstaMed’s rights or your obligations under any other provision of these Terms of Use, and notwithstanding the same, in the event of any actual or reasonably suspected unauthorized access to the personal information of a customer (including but not limited to customer names, addresses, phone numbers, bank and credit card account numbers, and social security numbers) under your control or subsequent to and arising from your past exercise of control, direct damages in connection with any such breach will include the cost and expenses of investigation and analysis (including by law firms and forensic firms), correction or restoration of any destroyed, lost or altered data, notification to affected customers, offering and providing of credit monitoring, customers service, or other remediation services, and any related cost. InstaMed’s rights to indemnity under this section are in addition to all other rights and remedies available at law or in equity. Any exercise by InstaMed of its rights to indemnification shall be without prejudice to such other rights and remedies. You manifest your assent to this indemnity by accessing data through InstaMed’s Website or systems. This indemnity includes but is not limited to losses associated with (1) a data breach of your system(s) and (2) a data breach of the system(s) of any person or entity with whom you provided or shared InstaMed customer account data.

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 [email protected].

9. Potential Disruption of Service

Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:

  • Hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment
  • Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content
  • Overload of system capacities
  • Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters
  • Interruption (whether partial or total) of power supplies or other utility of service
  • Strike or other stoppage (whether partial or total) of labor
  • Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention
  • Any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of InstaMed

10. Governing Law and Jurisdiction

These Terms of Use shall be subject to any other agreements you have entered into with InstaMed. The user’s access to and use of the Website, and the terms of this disclaimer are governed by the laws of the State of New York. 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 State of New York, 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 State of New York and you consent to the jurisdiction of those courts.

11. Enforceability

In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision.

12. Terms of Use for Google Pay

The terms of use located at https://payments.developers.google.com/terms/sellertos apply whenever the Google Pay service is offered.

Revised and in effect May, 2021

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