IANACARE TERMS OF USE:

Last Revised: November 15, 2018

1)    Acceptance of Terms of Use

We are pleased to offer the ianacare™ Platform, a virtual supportive care management platform for caregivers that facilitates the provision of supportive care services to individuals (“care recipients”) that require care assistance (for chronic illnesses and other situations).  Specifically, the Platform provides a hub that: (i) connects (via invitation only) a caregiver, care recipient, and care supporters together in a care team in order to facilitate the provision of supportive care for the benefit of the caregiver and care recipient; and (ii) facilitates confidential communication among members of the care team (the “Service”), subject to these Terms of Use (“Terms”).  Please read the following Terms before using ianacare, Inc.’s (“we,” “us,” “our” or “ianacare”) Service. By checking the box on the “iana” ianacare application (the “Site”) during the registration process which reads “I agree to ianacare, Inc.’s Terms of Use and Privacy Policy,” you acknowledge that you have read, and that you understand, agree with and are legally bound by these Terms.

YOUR ACCESS TO USE THE IANACARE™ PLATFORM IS SUBJECT TO ALL TERMS OF USE CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. These Terms may be revised from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Any changes in these Terms take effect upon posting and will apply to use of the Site after that date. Each time you access, use or browse the Site, you signify your acceptance of the then-current Terms.

2)    We Do Not Provide Medical Advice; Talk with your Doctor.

IANACARE DOES NOT DISPENSE MEDICAL, DIAGNOSIS OR TREATMENT ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT DISREGARD, AVOID OR DELAY GETTING MEDICAL OR HEALTH-RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE OR BECAUSE OF A SERVICE THAT YOU HAVE USED. THE INFORMATION AND SERVICES MADE AVAILABLE ON THIS SITE ARE FOR INFORMATIONAL AND CAREGIVER SUPPORT PURPOSES ONLY AND ARE NOT (AND SHOULD NOT BE USED AS) A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, TREATMENT OR DIAGNOSIS.

Always seek the advice of a qualified medical provider with any questions you may have about your health and before undertaking or changing a course of medical treatment, accessing a health-related resource or program, or engaging in any tools or features available through the Services. Nothing on this Site or available through any Services is intended or should be taken to be the practice of medical or counseling care. For purposes of these Terms of Service, the practice of medical or counseling care includes, without limitation, psychiatry, psychology, medical, nursing, or professional healthcare advice or services, or the practice of medicine, nursing, or professional healthcare, psychotherapy, or providing healthcare treatment, instructions, diagnosis, prognosis or advice. You should confirm all healthcare-related information with your healthcare professionals before making healthcare-related decisions.

No Physician-Patient Relationship is Established: No Endorsements. Your use of this Site and the Services does not create in any way a physician-patient relationship, any sort of confidential, fiduciary or professional relationship, or any other special relationship that would give rise to any duties on our part. We do not recommend or endorse any specific tests, healthcare providers, procedures, treatments or opinions, service providers, or other information that may appear on the Site or through the Services. If you rely on any of the information provided by this Site or through the Services, or by ianacare's employees, or its guests or visitors, you do so solely at your own risk.

3)    Permitted Users of the ianacare™ Platform

This Service is directed to persons 18 years of age or older who are residents of the United States of America (“U.S.”). If you are under age 18, or you are not a resident of the U.S., you are not permitted to use the ianacare™ Platform or to submit any personally identifiable information to the ianacare.com Site or Service.

4)    Permitted Use of Site

The content available through the Service (the “Content”) is the sole and exclusive property of ianacare and/or its licensors. Use of the Site, Service or the Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law.  You agree not to access the Site or Service by any means other than through a standard Web browser or the iana mobile phone application and will not extract data beyond the scope of what is available through this service.   You may not further copy, duplicate, reproduce, publish, modify, distribute, transmit, display, perform or create derivative works from any part of the Site, Service or the Content, including by automated or other types of data mining. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Site or Service.  You agree not to engage in any activity at any time with the Services that risks disclosing an individual’s identity.

5)    Privacy Policy

Please review the Privacy Policy for the Site and Service at www.ianacare.com/privacy.  If you do not agree with the Privacy Policy by clicking “I agree to ianacare’s Terms of Use and Privacy Policy” at sign up, you will not be able to access the Service. The Privacy Policy is part of these Terms of Use.

6)    Proprietary Rights

You acknowledge and agree that, as between ianacare and you, all right, title, and interest in and to the Site, Content and Service including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by ianacare or its licensors and are protected by United States intellectual property laws and other applicable laws.

a.    Copyright:  Copyright for all content included in the Site and Service, such as text, graphics, logos, icons, images, media, data, audio, animation, software and other information and materials, including as collective works and/or compilations, and in the selection, coordination, arrangement, and enhancements of the Sites’ Content, is the property of ianacare or its content suppliers and such content is protected by U.S. and international copyright laws.  

b.    Trademarks:  The trademarks, service marks, logos, slogans, trade names and trade dress used on the Site and Service are proprietary to ianacare.  Unauthorized use of any trademark of ianacare may be a violation of trademark laws.  Any third-party names or trademarks referenced in the Site do not constitute or imply affiliation, endorsement or recommendation by ianacare or of ianacare by the third parties.

7)    Your Indemnity of Ianacare:

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD IANACARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH IT, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR CONNECTION OR SUBMISSION TO OR USE OF THE SITE, CONTENT OR SERVICE; OR (B) YOUR VIOLATION OF THESE TERMS OF USE, ANY APPLICABLE LAWS, OR THE RIGHTS OF IANACARE, INC. OR ANY THIRD PARTY.

8) User-Generated Content

a. Individual Sites: When you use our Service, you may be creating and maintaining, on behalf of yourself or another person, an individual site within the application (“Individual Site”). In order to create an Individual Site on behalf of someone else, you need to have their express permission. If they are not able to provide permission due to their age (e.g., minor child) or circumstances (e.g., illness), you must be authorized to act on behalf of the person for whom the Individual Site is created or have the permission of a person authorized to act on that person's behalf. Access to each Individual Site is by invitation only; more details may be found in our Privacy Policy. b. Deletion of Individual Sites. Ianacare may, without prior notice, deactivate your Individual Site. Cause for deactivation includes without limitation: (a) breaches or violations of these Terms of Use, the Privacy Policy, or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by the subject of an Individual Site or a person authorized to represent that person, (d) discontinuance or material modification to the Individual Site (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods (more than six months) of inactivity. Further, you agree that all terminations for cause will be made in ianacare's sole discretion and that ianacare will not be liable to you or any third-party for deactivation of an Individual Site. c. Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and ianacare reserves the right in its sole discretion to determine what types of conduct it considers to be inappropriate use of the Site and Service.

You agree that you will not:

                     i.     Share or publish any data or information other than on an Individual Site that identifies individuals, or poses any such risk;  

                    ii.     Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights thereto or have received all necessary consents;

                  iii.     Upload files that contain viruses, worms, Trojan horses, spyware, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

iv.     Attempt to bypass or work around any security measures put in place by ianacare;

v.     Use the Site or the Service for any purpose or make any other actions in violation of local, state, national, or international laws or regulations;

vi. Violate any code of conduct or other guidelines applicable for any particular Communication Service;

vii. Take any action that imposes an unreasonable or disproportionately large load on the Site or Service’s infrastructure or otherwise in a manner that may adversely affect performance of the Site or restrict or inhibit any other user from using and enjoying the Communication Services or the Site;

viii. Use the Site or Service for unauthorized framing of or linking to, or access via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Content or any other materials or information available from the Site;

ix. Aggregate, copy, duplicate, publish, or make available to third parties outside the Site or Service in any manner any of the Content or any other materials or information available from the Site;

x. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of other individuals or entities which are using the ianacare Service;

xi. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information on a Communication Service;

xii. Use the Site or Service to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation;

xiii. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; or

xiv. Engage in any other action that, in the judgment of ianacare, exposes it, any user, or any third party to potential liability or detriment of any type.

9) User Materials: Any content or views posted, shared, transmitted or otherwise made available by users through the Site or Communication Services (“User Materials”) are strictly those of the originating author, who is solely responsible for its content. Use of or reliance on User Materials is entirely at your own risk. Ianacare does not endorse any User Materials nor vouch for their reliability. Under no circumstances will ianacare be liable in any way for any User Materials.

You acknowledge that ianacare may or may not pre-screen User Materials, but that it and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete and/or move any User Materials that are available via the Site. Without limiting the foregoing, ianacare and its designees have the right to remove any User Materials that violate these Terms or are otherwise objectionable in ianacare’s sole discretion. Ianacare shall have no liability for such removal.

You understand that by using the Site, you may be exposed to User Materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any User Materials posted by others. You further acknowledge and agree that you will not rely on any User Material Content available on or through the Site.

10) Submissions: a. You are solely responsible for the User Materials that you post, share, E-mail, transmit or otherwise make available via the Site (“Submission”). All Submissions may be shared within the care team’s Individual Site, but are not shared with Users outside the care team. All Submissions are subject to these Terms and the Privacy Policy. Ianacare is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion.

b. By making a Submission, you represent and warrant that your Submission is true, your own original work, and does not infringe any other person’s or entity’s rights, and that you and any other person mentioned or shown in your Submission agree to freely release any and all claims concerning ianacare’s or its designees’ use, modification or distribution of the Submission or any part thereof. You must own all rights, including copyright, to your Submission, and must hold all necessary releases concerning the contents of your Submission, if applicable. You agree that you must evaluate, and bear all risks associated with, your disclosure of any Submission.

c. Subject to any restrictions contained in the Privacy Policy, by making a Submission, you grant ianacare and its licensees, assignees and designees an irrevocable, assignable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license, in its sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform and publicly display your Submission (in whole or in part), along with your name or any part thereof and state of residency, in ianacare’s discretion, on the Site or elsewhere, and to use or incorporate all or any part of your Submission into other advertising, promotion, research, analysis or other materials in any format or medium now known or later developed. You hereby waive any right to inspect such use and any claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims for any use of your Submission.

11) Privacy and Confidentiality Breach Notice to Ianacare User agrees to immediately notify ianacare in connection with the Prohibited Actions and/or the Privacy Policy, immediately upon any breach of privacy or confidentiality, or inappropriate release of data or information that poses any risk to Users, obtained or derived from using ianacare. Such notice shall state the date and nature of the event, and the reasonable steps taken to prevent the breach.

12) Notice of Publication, Breach and Claims of Copyright or Intellectual Property Infringement All Notices, of Publication, and for breach of confidentiality or privacy, required by the previous section, may be sent to ianacare using any of the contacts below.

Ianacare may, in appropriate circumstances and at its sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ianacare’s Copyright Agent (defined below) a Notice containing the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the site (providing URL(s) in the body of an email is the best way to help ianacare locate content quickly); your address, telephone number, and email address; 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 above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Ianacare’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached at the same contact as the other notices for publication and/or breach: ianacare, Inc. Attn: Legal and Business Affairs, 716 Beacon St., #590713, Newton Center, MA 02459 E-mail: info@ianacare.com

13) Links a. Links to Other Websites and Search Results: The Site may contain links to websites operated by other parties. The Site provides these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of ianacare and ianacare is not responsible for the content available on these third-party sites. Such links do not imply endorsement of information or material on any other site and ianacare disclaims all liability with regard to your access to, use of or transactions with such linked websites. You acknowledge and agree that ianacare shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.

b. Links to the Site: You may link another website to the Site subject to the following linking policy: (i) the appearance, position and other aspects of any link may not be such as to damage or dilute the reputation of ianacare or the Site; (ii) the appearance, position and other attributes of the link may not create the false appearance that your site, business, organization or entity is sponsored by, affiliated with, or associated with ianacare or the Site; (iii) when selected by a user, the link must display the Site on full-screen and not within a "frame" on the linking website; and (iv) ianacare reserves the right to revoke its consent to the link at any time and in its sole discretion.

14)         Modifications to Site

Ianacare reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or Service, or any portion thereof, with or without notice. You agree that ianacare shall not be liable to you or to any third party for any modification, suspension, interruption, or discontinuance of the Site or Service.

15) User Accounts To use some of the features on the Site, you may be required to create an account and provide information about yourself to ianacare. You are responsible for maintaining the confidentiality of your account information. You are also responsible for all activities that occur in connection with your account. You agree that you shall monitor your account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Site and Services by minors. You are responsible for any use of your credit card by minors. You agree to notify ianacare immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

16) Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following: ianacare, Inc. Attn: Legal and Business Affairs, 716 Beacon St., #590713, Newton Center, MA 02459 E-mail: info@ianacare.com

17) Suspension and Termination Rights ianacare reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Site for any reason, including without limitation any breach by you of these Terms. You agree that ianacare shall not be liable to you or any third party for any such suspension or termination.

18) Disclaimer THE SITE AND CONTENT AND THE INFORMATION, SERVICES, PRODUCTS OFFERED FOR SALE AND MATERIALS AND ACTIVITIES CONTAINED IN OR ADVERTISED ON THE SITE, INCLUDING WITHOUT LIMITATION TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IANACARE AND ITS SUPPLIERS AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Without limiting the foregoing, you are responsible for taking all necessary precautions to ensure that any Content or access to the Site is free of viruses or other harmful code.

19) Limitation on Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, IANACARE AND ITS RELATED PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE SITE, USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. IN NO EVENT SHALL IANACARE OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF IANACARE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE SITE SHALL NOT EXCEED FIFTY DOLLARS (U.S.).

Exclusions and Limitations:  Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.

20)         Governing Law and Disputes

These Terms shall be governed by, and will be construed under, the laws of the State of Delaware, U.S.A., without regard to choice of law principles.  You irrevocably agree to the exclusive jurisdiction by the federal and state courts located in or for the State of Delaware, U.S.A., to settle any dispute which may arise out of, under, or in connection with these Terms, as the most convenient and appropriate for the resolution of disputes concerning these Terms.  Any cause of action or claim you may have with respect to these Terms, ianacare, the Site or its Content must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.

The Site and Service is controlled within the U.S. and is limited to use by citizens of the U.S. who are at least 18 years old.  Ianacare does not represent that the Site or Content are appropriate outside the U.S.

21) Force Majeure Ianacare shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (including without limitation Internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor or materials.

22)         Miscellaneous

These Terms set forth the entire understanding and agreement between you and ianacare with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section.  Ianacare’s failure to act with respect to any failure by you or others to comply with these Terms does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of ianacare, and any assignment or transfer in violation of this provision shall be null and void.  There are no third-party beneficiaries to these Terms.

23)         Questions?

Please direct any questions you may have about these Terms of Use, technical questions or problems with the Site, or comments or suggestions, to ianacare at: info@ianacare.com.