Privacy Policy


Last Revised: 11/28/2022

 

Introduction

Ilant Health (“Ilant Health,” “we,” “us,” or “our”) respects your privacy and is committed to protecting it through our compliance with this policy.

This policy (“Privacy Policy”) describes the types of information we may collect from you or that you may provide when you visit the website “www.ilanthealth.com” and our practices for collecting, using, maintaining, protecting, and disclosing that information. Our Website allows our users to view health-related information, communicate with our staff, and access additional services. This Privacy Policy also describes the choices available to you regarding our use of your personal information and how you can access and update this information.

This policy applies to information we collect:

  • Through our Website
  • Through email, text, and other electronic means facilitating communication between you, your provider(s) and us through our Website
  • Through technical properties of compatible hardware and software used in conjunction with our product.

Ilant Health is committed to protecting the privacy of the users of our Websites and Apps. We will use and disclose your personal information as stated in this Privacy Policy.

Information We Collect About You, How We Collect It, and How It is Controlled.

We collect several types of information from and about users of our Website, including information:

  • by which you may be personally identified, such as name, mailing address, e-mail address, telephone number, any other identifier by which you may be contacted online or offline (“Personal Information”);
  • that your healthcare provider(s) may relay, such as diagnosis, medication, and date of visit (“Health Diagnostic Information”);
  • that may come from compatible biometric activity monitoring hardware devices, such as heart rate and other biometric data (“Biometric Information”);
  • that is about you but individually does not identify you, such as gender and age (“Non-identifying Information”); and
  • about your internet connection, the equipment you use to access our Websites and Apps and usage details (“Technical Information”).

The information you provide to us may include:

  • information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, including unique identifiers such as user name, account number, and password, or information provided while subscribing to our service, or health-related material you provide to us. We may also ask you for information when you report a problem with our Website.
  • records and copies of your correspondence including email addresses if you contact us. This can include comments or questions sent to us using email or secure messaging forms to be shared with our staff and your healthcare provider(s) who are most able to address your concerns.
  • content you post on message boards, chat rooms, forums or any other interactive features on our Website.
  • details of your use of our Website including duration of use, date of use, and result of use. Such details may be transmitted to your healthcare provider(s).
  • details you provide to your healthcare provider(s) through our Website may be documented in your medical record.
  • information that you provide to third-party health monitoring applications, such as Google Fit and Apple HealthKit, only if you authorize such third-party applications to share such information with us.

We collect this information:

  • directly from you when you voluntarily provide it to us.
  • directly from your healthcare provider(s) when you and your healthcare provider(s) meet and when you give your consent to the healthcare provider(s) to share the information with us.
  • automatically as you navigate through the site. Information collected automatically may include usage details and IP addresses.

This information can be controlled in the following way:

  • Only you, your healthcare provider(s), and Ilant Health can have access to edit, modify, or update your Personal Information, Health Diagnostic Information, Biometric Information, and Non-identifying information.
  • Ilant Health, you and your healthcare provider(s) can view your Personal Information, Health Diagnostic Information, Biometric Information, and Non-identifying Information.

Information We Collect Through Automatic Data Collection Technologies.

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect Technical Information that may include information about your equipment, browsing action, and patterns, including:

  • Details of your visits to our Website, including the resources that you access and use on the Website.
  • Information about your internet connection, including your IP address.
  • Information about and from third party websites that you visit either directly before or directly after visiting our Website.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
  • Web Beacons. Pages of our Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

The Technical Information we collect automatically does not include individually identifiable information, but we may associate the Technical Information with individually identifiable information we collect in other ways to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website according to your individual interests.
  • Monitor access to our services and safeguard certain information by limiting access only to authorized users, for example healthcare provider(s).

How We Use Your Information

We use information that we collect about you or that you provide to us including any personal information:

  • To understand and meet your needs and preferences to provide you with our products and services. For example, to:
  • carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • present our Website and their content to you.
  • provide you with information, products, or services that you request from us.
  • send you newsletters, text messages or email communications.
  • manage or respond to your inquiries and concerns.
  • administer your account.
  • communicate your health information, or the health information of someone under your authorized care, to healthcare provider(s) treating you or the person under your care.
  • communicate to you the health information of others under your authorized care.
  • To communicate with you about new and enhance existing products. For example, to:
  • make available or send to you upgrades or updates or notices of upgrades or updates of products.
  • improve our Website and marketing efforts.
  • conduct internal quality improvement or business analysis.
  • To manage and develop our business operations and comply with our legal requirements. For example, to:
  • detect, monitor, investigate, mitigate, or attempt to prevent fraud and technical or security issues or to protect our property.
  • conduct internal testing and data analytics.
  • internally improve our algorithms.
  • allow for business continuity and disaster recovery operations.
  • provide emergency assistance in situations that may threaten the life or physical safety of you or others.
  • respond to court orders, warrants or other lawful requests or legal processes.
  • enforce and protect our legal rights.
  • In any other way we may describe when you provide the information or for any other purpose with your consent.

How We Secure and Store Your Information.

We have security measures in place that are intended to help protect against the loss, misuse, unauthorized access or alteration of information under our control.  These measures include:

  • Encryption of data using the Secure Socket Layer (SSL) system.
  • Use of a secured messaging service when we send your personal information electronically to the Websites and Apps.
  • Use of Amazon Web Services (AWS) located in the U.S. for data storage and security.
  • Use of a physical firewall of data in hand and cyber firewall through AWS.

Your information may be collected, used, processed, transferred, and retained in the United States, which may be outside the region in which you are situated and may have different privacy or data protection legislation, and may therefore be subject to the laws of the United States. If you are a resident of the European Economic Area or a country which restricts data transfers outside of that jurisdiction or region without your consent, by using our Website, you consent to your information being transferred outside of the European Economic Area or your country for processing or storage by or on behalf of us.

The HIPAA Privacy Rule provides additional guidelines for the use and disclosure of electronic personal health information (“ePHI”).  The covered entity in partnership with IlantHealth is responsible for allowing patients the necessary rights and access to their ePHI. As a possible “business associate” as defined under HIPAA, Ilant Health strives to comply with the HIPAA Privacy Rule by training employees on the proper handling of secure information, protecting and authenticating ePHI in our encrypted server, and conveying ePHI to users when instructed to do so by providers.

How We Interact with Third Parties.

Some of our services may interact directly with third party service providers. When you use a service with these third party service providers, we will not receive or store any information you provide to them nor will we provide any information to them without your consent. This may include:

  • Secure messaging. Third parties may route secure messages from you to Ilant Health through our Website. Your IP address, operating system, and browser type may be collected by the secure messaging from third party software providers, along with the information corresponding to your provider.
  • Social media services. Third parties may provide features that may collect your IP address, which page you are visiting on our Website, and may use cookies to enable features to function properly.
  • Storing ePHI records. Ilant Health may transmit these records to a HIPAA-compliant third party server to store and secure your information.

Your interactions with these third party service providers are outside of the purview of Ilant Health. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any website you visit.

Children Under the Age of 13.

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features on the Website, make any purchases through the Website, or provide any information about yourself to us, including your name, address, telephone number, email address. If we learn we have collected or received personal information from a child under 13, we will delete this information. If you believe we might have any information from or about a child under 13, please contact us at info@ilanthealth.com.

Requests to Limit Use and Disclosure of Your Personal Information

State and federal laws may allow you to request that we limit our uses and disclosures of your personal information for treatment, payment, and health care operations purposes. You may contact us at the information in the “Questions, Complains, and Contacts” section below. We will consider all requests and, if we deny your request, we will notify you in writing. Federal law requires us to agree to your request to restrict disclosures to a health plan or insurer relating to specific health care services, if you have paid for those services in full.

Data Retention

We will retain your full information for as long as your account is active or as needed to provide you services. Further, we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We reserve the right to retain any data that is not personally identifying, despite your account being inactive or closed.

Data Use upon Business Transfers

If IlantHealth, or substantially all of its assets, is acquired, or in the unlikely event that Ilant Health goes out of business or enters bankruptcy, user information may be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Ilant Health may continue to use your information as set forth in this Privacy Policy.

Accessing and Correcting Your Information

You can review your personal information by contacting us at info@ilanthealth.com.

You may also contact us at the information in the “Questions, Complains, and Contacts” section below to request access to or correct any information that you have provided to us. We will respond to all access requests within 30 days. However, we may not accommodate a request to change information if we believe the change could violate any law or legal requirement or cause the information to be incorrect.

California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to info@ilanthealth.com.

Privacy Policy Changes

Please read this policy carefully to understand our policies and practices regarding how we collect, keep and treat your information:

  • By accessing or using this Website, you are agreeing to the terms of this privacy policy.
  • If we make material changes to our Privacy Statement, we will post notice of the changes prior to the changes becoming effective. Any revised Privacy Statement will apply both to information we already have about you at the time of the change, and any information created or received after the change takes effect.
  • This Privacy Policy was last revised as of the date set forth at the top of the document.

We encourage you to periodically reread this Privacy Policy, to see if there have been any changes to our policies that may affect you. Your continued use of the Website after we make changes to the Privacy Policy is deemed to be acceptance of those changes, so please check periodically for updates.

Questions, Complaints, and Contacts
If you have any questions about this Privacy Policy, our policies and practices concerning the Website, your rights under this statement, and your dealings with the Ilant Health Website, you can contact Ilant Health by sending a message to info@ilanthealth.com.

Terms of Service

Last Updated: 11/28/2022

These terms and conditions of use (“Terms of Use”) comprise a legal agreement between Ilant Health, Inc. (the “Company”) and you, the person accessing and using this website (the “User,” “you,” or “your”) (together, the “Parties”). These Terms of Use set forth the terms and conditions governing your use of: the Company’s website at www.ilanthealth.com (the “Website”); and any other services rendered to you by the Company (all together, the “Services”).

Please read these Terms of Use carefully before beginning to use the Services. BY USING THE SERVICES, YOU INDICATE THAT YOU HAVE READ, YOU ACCEPT, AND YOU AGREE TO BE BOUND BY, THE TERMS AND CONDITIONS OF THESE TERMS OF USE, WHICH SHALL GOVERN YOUR ACCESS AND USE OF THE SERVICES.

The Services are offered to users aged thirteen (13) years or older. By using the Services, users aged thirteen (13) to eighteen (18) years certify that they have parental consent to do so. By using the Services, you both represent and warrant that you meet the eligibility requirements for use of the Services.

  1. Purpose and Website Services
    The Services are made available to you with the purpose of providing you with information, and should in no way be used as an alternative to medical treatment. The Services are not a medical device, treatment, service, or substitute. The Services are not intended to provide medical advice or to diagnose, cure, treat, or prevent any disease or mental illness. The Services should not be used in place of medical treatment by a licensed professional. If you are concerned about your mental or physical health, please see a licensed professional. The Company is not responsible for any health problems you may have or develop before, during, or after the use of the Services.  The Services are not monitored continuously.

  1. Changes to Terms of Use
    The Company reserves the right to modify or replace these Terms of Use, with or without notice to you, and recommends that you review these Terms of Use regularly. You may access the current version of these Terms of Use at www.ilanthealth.com/terms-of-use. Use of the Services after any modification to or replacement of these Terms of Use comes into effect will be deemed an indication that you have read and accepted, and agree to be bound by, the updated Terms of Use.

  1. Suspension and Termination
    The Company, at its sole discretion, reserves the right to (a) suspend, disable, deactivate or terminate your account or your access to certain aspects or all of the Services, at the Company’s sole discretion, at any time and without notice or liability to you, and (b) request the change of any username or password, at any time if the Company feels these Terms of Use have been violated. Upon any such suspension, deactivation, or termination, the Company may delete or remove your Personal Information and other information related to your account. You may close your account by providing 10 day’s advance written notice to the Company at info@ilanthealth.com.

  1. Accounts and Passwords
    To access and use certain features of the Services, you will need to create an account. As part of the process to create, register, and maintain your account, you agree to provide the Company with certain current, complete, and accurate registration information that has been requested by the Company during the account registration or renewal process.
    You agree that, in addition to these Terms of Use, all information you provide during your use of the Services is governed by the Company’s Privacy Policy, available at https://www.ilanthealth.com/privacy-policy and you consent to all actions taken consistent with the Company’s Privacy Policy. You expressly consent to the collection, storage, use, and disclosure of your Personal Information, all as performed according to the Company’s Privacy Policy. “Personal Information” means any information about an identifiable individual, such as your name, email address, mailing addresses, gender, date of birth, and any other data about you that you elect to provide electronically through the Website. You agree that you will (1) provide, maintain, and update the information associated with your account such that said information is kept current, complete, and accurate; (2) treat passwords and other account identifying information assigned to you as a result of any registration or account creation with the Website as confidential; and (3) be responsible for all activities that occur under your account. The Company is not obligated to monitor access or use of the Services or Website, but the Company has the right to do so for the purpose of operating the Services and Website, to ensure compliance with these Terms of Use and to comply with applicable law or other legal requirements.  The Company may consult with and disclose unlawful conduct to law enforcement authorities and, pursuant to valid legal process, the Company may cooperate with law enforcement authorities to prosecute users who violate the law.

  1. License Granted
    The Company hereby grants you a limited, non-exclusive, non-transferrable, and revocable right and license to:
  1. access the Services in accordance with these Terms of Use; and
  2. access, view, and print any information and documentation purposely made available by the Company for downloading from the Website, including the data that results from your use of the Services, provided that you (i) make no modifications to this information, (ii) comply with the Privacy Policy and any applicable laws governing the data, and (iii) do not change, obscure or remove any copyright or other notice or legend on or within any such documentation.

Except for the limited license and rights expressly granted to you in this Terms of Use or as otherwise agreed in writing by the Parties, you are not granted any other license or rights, whether express or implied, by estoppel, or otherwise in any patent, trademark, copyright, or other intellectual property or proprietary right of the Company or any other third party. The Company may terminate this license at any time for any reason.

  1. Company’s Intellectual Property Rights
    The Website and its contents, features, and functionality are owned by the Company, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All text, images, data, content, photographs, audio files, graphics, user interfaces, visual interfaces, trademarks, logos, sounds, music, illustrations, descriptions, artwork, computer code, and all other material (collectively, the “Content”), including without limitation design, layout, structure, selection, coordination, expression, “look and feel,” arrangement, and combination of the Content, contained or made available on the Website, is owned, controlled, or licensed by the Company, and is protected by trade dress, service mark, trademark, copyright, patent laws, and various other intellectual property rights and unfair competition laws in the United States and other countries. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, or modified in any way, or uploaded to any other computer, server, website, or other medium for publication or distribution or for any other commercial enterprise, without the Company’s prior express written consent. Notwithstanding the prior statement, any doctor, physician, or other licensed medical professional using the Services as part of delivering medical services may utilize their patient’s information provided on the Website with the patient’s consent. Any personal user may utilize their own information for their personal, non-commercial use only. Except as expressly provided herein, no part of the Website, Services or Content may be used for the benefit of any third party, or sold, offered for sale, re-sold, or offered for re-sale to any third party. By accessing the Services, you agree not to decompile, disassemble, reverse-engineer, prepare derivative works of or modify any part of the Website, Services, Content, or software, or to use or attempt to use third parties to do any of the foregoing. The Company may change, delete, update, or replace the Content at any time. The Content is available for informational purposes only and is not binding on the Company.

  1. User Content and User Data
    Except as set forth in this Section 7, you shall retain ownership of any content, information, data, or other materials you provide to the Company on or through the Website or Services, including by contacting the Company, providing comments or ideas about the Website, posting on message boards, chat rooms, forums or any other interactive features on the Website or providing your biometric data (together, the “User Content”).  By providing the Company with your User Content, you thereby grant to the Company a non-exclusive, transferrable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide license to use, copy, reproduce, modify, adapt, edit, translate, publish, distribute, perform, display, create derivative works from, and keep any such User Content, in whole or in part, without payment or restriction. You represent and warrant that you have all the rights necessary to grant the Company a license to use the User Content you provide as described in these Terms of Use.  The rights granted to the Company in this Section 7 are subject to the Company’s Privacy Policy.  YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR ANY USER CONTENT YOU SUBMIT OR CONTRIBUTE, AND YOU, NOT THE COMPANY, HAVE FULL RESPONSIBILITY FOR SUCH CONTENT, INCLUDING ITS LEGALITY, RELIABILITY, ACCURACY, AND APPROPRIATENESS. THE COMPANY IS NOT RESPONSIBLE OR LIABLE TO ANY THIRD PARTY FOR THE CONTENT OR ACCURACY OF ANY USER CONTENT POSTED BY YOU OR ANY OTHER USER OF THE WEBSITE. All data and information resulting through your use of the Services (together, the “User Data”) shall be owned by the Company, provided that such User Data shall be anonymized and non-identifying.
  1. Use Restrictions
    You may use the Website and their Services only for lawful purposes and in accordance with these Terms of Use. You agree not to:
  1. use the Websites in any way that violates any applicable local, state, federal, or international law or regulation;
  2. send, knowingly receive, upload, download, use, or re-use any data, information, Content, or part of the Websites or Services for any purpose besides personal, non-commercial use, unless expressly authorized by the Company to do so;
  3. impersonate, or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with the aforementioned);
  4. engage in any conduct that may harm the Company or other users of the Website or expose them to liability or send offensive or harassing material to another user;
  5. send unsolicited messages to a Company employee or another user;
  6. use the Website to post or transmit any files which contain viruses, worms, Trojan horses, or other code that manifests contaminating or destructive purposes; use the Website in a manner that could disable, overburden, damage, or impair the Website; or interfere with any other user’s use of the Website;
  7. post, store, or transmit data or content that violates or infringes any third party rights; is false, misleading, or inaccurate; is injurious to any third party; or defames, libels, or disparages any third party;
  8. use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website, without prior written consent;
  9. attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website are stored, or any server, computer, or database connected to the Websites; or
  10. except as expressly permitted by these Terms of Use, provide, disclose, distribute, transfer, sublicense, or assign rights or access to a third party through any means.

  1. Disclaimers
    YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND.   THE COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, FROM A COURSE OF DEALING OR USAGE OF TRADE, AND INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS, ANY CONDITION OR WARRANTY OF MERCHANTABILITY, SECURITY, TITLE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. The Company makes no warranty that the Services or Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The Company makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Services or the Website. THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES THAT THE SERVICES WILL BE ACCURATE, RELIABLE, COMPATIBLE WITH YOUR COMPUTER OR DEVICE, OR COMPLETE, OR WILL BE OFFERED OR PROVIDED ON A CONSTANT, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR THAT ANY ERRORS WILL BE CORRECTED, IMMEDIATELY OR OTHERWISE, OR THAT THE WEBSITE OR CONTENT WILL BE VIRUS-FREE OR PROTECT YOUR COMPUTER OR DEVICE FROM DESTRUCTIVE CODE. THE COMPANY WILL MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, RELIABILITY OR RESULTS OF THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT IF YOU RELY ON THE SERVICES, YOU DO SO AT YOUR OWN RISK.

  1. Limitation of Liability
    TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS LICENSORS, SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES, COSTS, OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER OR DEVICE DAMAGE, OR SYSTEM FAILURE, THAT ARE SUFFERED OR INCURRED IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES, OR YOUR RELIANCE ON THE SERVICES FOR PERSONAL OR MEDICAL USE FOR ANY REASON WHATSOEVER, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL DIRECT LOSSES, COSTS, AND DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF USE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EXCEED THE LESSER OF THE AMOUNT YOU HAVE PAID THE COMPANY FOR THE PERIOD OF NINETY (90) DAYS IMMEDIATELY PRECEEDING THE DATE YOU FILED YOUR CLAIM OR THE AMOUNT OF ONE HUNDRED UNITED STATES DOLLARS (US $100). By using the Services, you are indicating your understanding that the Company cannot and does not represent, warrant, or guarantee that available files on the Website will be free of viruses, worms, or other destructive code. Please provide the greatest protection possible from these potential threats by keeping your anti-virus and firewall applications updated. The protection of your computer is your responsibility. THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS, COST, OR DAMAGE RELATED TO ANY VIRUSES, WORMS, TROJAN HORSES, OR ANY OTHER HARMFUL OR DESTRUCTIVE CODE OR PROGRAMS MENTIONED IN THE TERMS OF USE THAT MAY INFECT YOUR COMPUTER SOFTWARE, HARDWARE, OR DATA DUE TO THE USE OF THE WEBSITES OR ANY WEBSITE. In no event shall the Company or any of its respective officers, directors, employees, agents, licensors, successors and assigns be held liable for any failure to perform its duties hereunder where the failure results from a cause beyond the Company’s reasonable control.

  1. Indemnification
    You agree to defend, indemnify, and hold harmless the Company and its respective officers, directors, employees, agents, licensors, successors, and assigns from and against any claims, actions, demands, losses, liabilities, damages, costs, judgments, awards, expenses, or fees (including without limitation attorneys’ fees) arising out of or relating to (i) your or your Representatives’ use of the Services or any information obtained from the Website or (ii) your breach of these Terms of Use. As used in these Terms of Use, “Representative” means any person or entity acting on your behalf or using your System to act in any manner prohibited by these Terms of Use. As used in these Terms of Use, “System” means the information technology you use, including without limitation, your hardware, software, network and Internet connectivity, and information, individually or in any combination.

  1. Third-Party Content
    The Services may contain links to other websites. Unless expressly stated otherwise, the Company does not control or endorse such websites, and the Company assumes no responsibility or liability for any loss or damage arising out of their use.

  1. Assignment
    You may not assign, delegate, or transfer these Terms of Use, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and void.  The Company may freely assign or transfer these Terms of Use without restriction.  Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

  1. Governing Law, Jurisdiction, and Venue
    All matters arising out of or relating to the Services, materials or content available on the Website, or these Terms of Use shall be governed by and construed in accordance with the internal laws of New York, without giving effect to any conflict or choice of law provisions. Each party hereby submits to the jurisdiction of the state and federal courts of New York for the resolution of any such disputes, and waives any objection to the propriety or convenience of venue in such courts.

  1. Severability
    The illegality, invalidity, or unenforceability of any part of these Terms of Use shall not affect the legality, validity, or enforceability of the remainder of these Terms of Use. If any part of these Terms of Use shall be found to be illegal, invalid, or unenforceable, then these Terms of Use shall be given such meaning as would make these Terms of Use legal, valid, and enforceable.

  1. No Waiver
    The Company’s failure to enforce any provision of these Terms of Use shall not be construed to be a waiver of such provision or of the Company’s right thereafter to enforce such provision or any other provision of these Terms of Use. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.   Except as expressly set forth in these Terms of Use, the exercise by either Party of its any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise.

  1. Feedback
    Any suggestions, comments or other feedback you give the Company about the Services will be the Company’s confidential information. The Company is free to use, disclose, reproduce, license, distribute and exploit this feedback as the Company sees fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.

  1. Contact Us
    Your satisfaction and communications are important to the Company. If you have any questions about these Terms of Use, or would like to provide the Company with other comments, feedback, or questions, please contact the Company at info@ilanthealth.com.