Terms & Conditions

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SITE. THESE TERMS OF USE GOVERN YOUR USE OF THE SITE AND AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

These Terms of Use were last modified November 15, 2019.

1. Your Acceptance

IMPORTANT: These Terms of Use (these “Terms of Use”) form a legal agreement between Imagine Health, LLC (“Company,” “we,” “our,” or “us”), which owns and operates the imaginehealth.com website and other interactive applications and any other services and pages that display or link to these Terms of Use (collectively, the “Site”), and you (“you” or “You”), a user of the Site. By accessing or using the Site in any way, including without limitation browsing the Site, using any information, and/or submitting any content or personal information via the Site, you agree to and are bound by these Terms of Use, including without limitation conducting transactions electronically, certain third-party terms and conditions, disclaimers of warranties, damage and remedy exclusions and limitations, binding arbitration, venue selection, and a choice of Delaware law. If you choose not to agree with any of these terms, you may not use the Site. We may revise and update these Terms of Use at any time.

THE SITE AND ALL CONTENT THEREIN ARE DESIGNED FOR INFORMATIONAL PURPOSES AND PERSONAL USE ONLY. COMPANY DOES NOT WARRANT OR GUARANTEE THE ACCURACY OR COMPLETENESS OF INFORMATION OR DATA THAT MAY BE MADE AVAILABLE THROUGH THE SITE. Any content that may be provided through the Site is not intended to be relied upon in situations where precise and accurate information is needed or where erroneous, inaccurate, or incomplete data may lead to death, personal injury, property, or environmental damage.

2. Site

  1. Subject to your compliance with these Terms of Use, Company hereby grants you permission to use the Site, provided that: (i) your use of the Site is solely permitted for your personal use, and you are not permitted to resell, redistribute, sublicense, enable any timesharing or service bureau use of the Site, charge others for use of or access to the Site, or use the Site in any other manner inconsistent with these Terms of Use; (ii) you do not duplicate, transfer, give access to, copy, distribute or make available any part of the Site in any medium without Company’s prior written authorization; (iii) you do not attempt to reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, create derivative works of, alter or modify any part of the Site; and (iv) you fully comply with the terms and conditions of these Terms of Use in all respects.
  2. Information provided through the Site contains links to third-party websites that are not owned or controlled by Company. Information and views contained on third-party websites are not ours, and you should refer to the separate terms of use, privacy policies, and other rules posted on third-party sites before you use them. We do not author, endorse, edit, or monitor them, and cannot be responsible or liable for (i) the availability or content provided on linked third-party websites; (ii) third-party content accessible through linked third-party websites; (iii) any loss or damage you may incur from, or related to your use of or access to, linked third-party websites; or (iv) your dealings with any third parties found on or through linked third-party websites.
  3. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Company has no obligation to monitor the Site. You further agree that you will not: (i) interfere with or disrupt the integrity or performance of the Site or the data contained therein or restrict or disrupt any other user from using and enjoying the Site; or (ii) attempt to gain unauthorized access to the Site or its related systems or networks.
  4. Your rights under these Terms of Use will terminate automatically without notice from Company if you fail to comply with any term(s) of these Terms of Use. Upon termination, you shall immediately cease all use of the Site, and destroy all copies, full or partial, of the Site. Company reserves the right to terminate your access to any or all of the Site or to discontinue any aspect of the Site at any time for any reason whatsoever without notice to you.
  5. You acknowledge that a breach of these Terms of Use would cause irreparable damage and harm to Company that could not be compensated for by monetary damages. Accordingly, in the event of a breach or threatened breach of these Terms of Use, Company shall be entitled to injunctive relief from a court of competent jurisdiction, without the posting of bond or other surety in addition to any other rights Company may have at law or in equity.

3. Intellectual Property Rights

The Site and any and all intellectual property, trademarks, service marks, information, data, or other materials made available to You in connection with these Terms of Use, together with the design of the Site and text, scripts, graphics, and features and other content and materials therein (“Content”) are the sole and exclusive property of Company and its licensors, and are available to You solely for purposes of Your use of and access to the Site in accordance with these Terms of Use. The Content is owned by or licensed to Company and protected by copyright and other intellectual property rights under United States and foreign laws and international conventions. All rights, title, and interests in and to the Site and all copyrights, trade secret rights, patents, trademarks, and any other intellectual property or proprietary rights in and to the Site shall at all times remain the exclusive property of Company and/or its licensors. Except for the limited rights granted herein, nothing in this Agreement shall transfer to You any right, title, or interest in or to any Content.

4. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS SUPPLIERS, AFFILIATES, AND THEIR respective OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND CONTENT AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, ACCURACY, COMPLETENESS, TITLE, AND NON-INFRINGEMENT. THE SITE AND ALL CONTENT ARE PROVIDED “AS AVAILABLE,” “AS IS,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SITE OR CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY OR OUR SUPPLIERS’ SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY TRANSMISSION TO OR FROM THE SITE, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE THROUGH THE ACTIONS OF ANY THIRD PARTY. NEITHER COMPANY NOR ANY OF ITS SUPPLIERS OR AFFILIATES WARRANT THAT (A) THE SITE, CONTENT OR ANY OTHER CONTENT, INFORMATION OR SITES PROVIDED IN CONNECTION WITH THE SITE WILL MEET YOUR REQUIREMENTS, (B) THE QUALITY OF THE SITE, CONTENT, INFORMATION, OR SITES ACCESSED BY YOU UNDER THESE TERMS OF USE WILL MEET YOUR EXPECTATIONS, (C) THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR (D) THE CONTENT OF THE SITE WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE, OR THAT ERRORS WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF 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 OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

The Site is a mere conduit to the receipt of healthcare services, and Company does not provide medical advice, diagnoses, or recommendations about medical treatment, and does not recommend or endorse any products or information for any particular circumstances. You expressly acknowledge and agree that Company is not responsible for the results of any decisions made based on the Content.

5. Limitation of Liability

IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, AFFILIATES, OR THEIR respective OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM OR RELATED TO ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM OR RELATED TO YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS, (IV) ANY TRANSMISSION TO OR FROM OUR SERVERS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF USE OR PRIVACY POLICY EVEN IF COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE Applicable JURISDICTION.

IF ANY EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THESE TERMS OF USE IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION, AND COMPANY, OR ONE OF ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BECOMES LIABLE FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE WILL NOT EXCEED in the aggregate THE AMOUNT ACTUALLY PAID BY YOUR USE OF THE SITE OR $100.00, WHICHEVER IS LESS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

If you are a resident of the State of New Jersey, to the extent New Jersey law prohibits the limitations and/or exclusions of liability set forth in these Terms of use, such limitations and/or exclusions shall not apply to you.

Any claim or cause of action arising out of or related to your use of the Site, these Terms of Use, or your use of Content made available through or on the Site must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Company to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.

The Site is controlled and offered by Company from its facilities in the United States of America. Company makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

6. Indemnity

You agree to defend, indemnify and hold harmless us from and against any and all claims, demands, damages, obligations, losses, liabilities, actions, costs, and expenses (including but not limited to attorneys’ fees and all reasonable expenses) arising from or related to your use of and/or access to the Site, any Content or any services made available through or on the Site in violation of these Terms of Use. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.

You expressly waive and give up all rights and benefits under California Civil Code Section 1542 and any law or legal rule of similar effect in any other state or territory with respect to the releases granted by you in This Agreement, including but not limited to the release of unknown and unsuspected claims granted in This Agreement. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 of the California civil code, WHICH PROVIDES AS FOLLOWS:

“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.”

7. Privacy Policy

We will treat any information we collect or receive from you through the Site in accordance with our online Privacy Policy available here (the “Privacy Policy”), which is incorporated by reference. Please review the Privacy Policy before you use the Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use the Site.

8. Copyright Infringement

In accordance with the U.S. Digital Millennium Copyright Act (“DMCA”), we have designated an agent to receive notifications of alleged copyright infringement associated with the Site. We will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify us at legal@imaginehealth.com or through the address at the end of this page. When notifying us of the alleged copyright infringement please provide us with the following information:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
  2. identification of the copyrighted work alleged to have been infringed;
  3. a description of the material that is claimed to be infringing and information sufficient to locate the material on the Site;
  4. information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
  5. a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.

If we in good faith believe material to infringe a copyright or otherwise violate any intellectual property rights, we will remove or disable access to such material.

9. General

You agree that the Site shall be deemed solely based in the State of Delaware. These Terms of Use shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. Any claim or dispute between you and Company that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in the State of Delaware; provided, that you hereby agree that any dispute arising out of or relating in any way to these Terms of Use or your use of the Site and/or any information, materials or services you obtain from us requires that such claim be resolved exclusively by confidential binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights, Company may seek injunctive or other appropriate relief in a court of competent jurisdiction in the State of Delaware. The arbitration shall be conducted in Delaware, in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms of Use, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law.

BECAUSE THE USE OF THE SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (i) to the non-exclusive jurisdiction of the state or federal courts located in Delaware for any action (a) to compel arbitration, (b) to enforce any award of the arbitrators, (c) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, or (d) to enforce Company’s intellectual property rights, and (ii) to service of process in any such action by registered mail or any other means provided by law. Should this section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that sole and exclusive jurisdiction and venue for any claims will be in the state or federal courts in Delaware. If any provision of these Terms of Use is deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall not affect the validity or enforceability of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

10. CONTACT INFORMATION

If you have any questions about these Terms of Use, our practices, or your dealings with the Site, please contact us at legal@imaginehealth.com. You also may contact us at the address set forth below:

Imagine Health, LLC

Attn: Legal Department

6995 Union Park Center, Suite 140

Cottonwood Heights, Utah 84047



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