THESE TERMS OF USE GOVERN YOUR USE OF INTERUSH, INC.’S (“INTERUSH”) WEBSITE AT WWW. iHEALTHCAST.COM ("WEBSITE"). EACH TIME YOU USE OR CAUSE ACCESS TO THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AS AMENDED FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. IF YOU USE THIS WEBSITE ON BEHALF OF ANOTHER PERSON OR ENTITY, YOU USE THE WEBSITE AS AN AGENT OF THAT PERSON OR ENTITY AND SUCH PERSON OR ENTITY WILL BE CONTRACTUALLY BOUND BY THESE TERMS OF USE TO THE GREATEST EXTENT ALLOWED UNDER APPLICABLE LAW. BY ACCEPTING THIS AGREEMENT, YOU REPRESENT THAT (A) YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS AND (B) YOU ARE AT LEAST 18 YEARS OF AGE. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, PLEASE DO NOT CONTINUE BROWSING ANY CONTENT AND EXIT FROM THIS WEBSITE. ANY REFERENCES HEREIN TO "YOU" AND "YOUR" REFER TO BOTH YOU AND SUCH PERSON AND ENTITY ON WHOSE BEHALF YOU ACT, IF ANY.

The content on the Website, including without limitation, the text, software, scripts, graphics, images, photos, sounds, audio, videos, information obtained from Website’s licensors (including, but not limited to Physician Support and Physicians and Specialists), interactive features and other material contained on the Website (“Content”) are for informational purposes only. If You think You may have a medical emergency, call Your doctor or 911 immediately. Interush does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned and accessible through or on the Website. Reliance on any information provided by Interush, Interush employees, others appearing on the Website at the invitation of Interush (including physicians and specialists assessable through the Website), or other visitors to the Website is solely at Your own risk.

The Website may contain health- or medical-related materials that are sexually explicit. If You find these materials offensive, You may not want to use our Website.

A. Interush hereby grants You permission to use the Website as set forth in this Terms of Use, provided that: (i) Your use of the Website as permitted is solely for Your personal, noncommercial use; (ii) You will not copy or distribute any part of the Website in any medium without Interush's prior written authorization other than for Your own personal use; (iii) You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) You will otherwise comply with the terms and conditions of these Terms of Use. If You breach or violate any of these Terms of Use, Your authorization to use the Website will automatically terminate.

B. In order to access some features of the Website including purchasing of certain products which are offered for sale pursuant to these Terms of Use on the Website, You will have to create an account. You may never use another's account without permission. When creating Your account, You must provide accurate and complete information. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify Interush immediately of any breach of security or unauthorized use of Your account. Although Interush will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses of Interush or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Interush servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, Interush grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Interush reserves the right to revoke these exceptions either generally or in specific cases.

If You register and create an account on the Website You agree to be responsible for: (i) maintaining the confidentiality of passwords or other account identifiers which You choose, and (ii) all activities that occur under such password or account identifiers.

You agree to notify Interush of: (i) any loss of Your password or other account identifiers and (ii) any unauthorized use of our password or other account identifiers. Interush shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, Your failure to comply with this section of the Terms of Use.

The personal information You submit to the Website is governed by the iHealthcast Privacy Policy. To the extent there is an inconsistency between this Agreement and the iHealthcast Privacy Policy this Agreement shall govern.

The prices displayed on the Website are quoted in U.S. dollars and are valid and effective only in the United States. You are responsible for providing a valid credit card number at the time of payment for any of the products or services offered on the Website. You represent and warrant that you are an authorized user of the credit card, and agree to pay all such charges resulting from Your product and/or service purchase at the prices then in effect, including any unauthorized charges incurred prior to You notifying Interush of such charges. You agree that Interush may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging You for appropriate services, products and any applicable shipment costs. All charges are exclusive of sales or other taxes and You are responsible for the payment of any applicable state, local or city taxes. 

Interush reserves the right at any time after receipt of Your order to accept or decline Your order, or any portion thereof, even after Your receipt of an order confirmation. Interush reserves the right, at our sole discretion, to limit the quantity of items purchased and/or to prohibit sales to dealers. In the event that a product is listed at an incorrect price, Interush shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or Your credit card charged. If Your credit card has already been charged for the purchase and Your order is canceled, Interush will promptly issue a credit to Your credit card account in the amount of the incorrect price.

Interush and its suppliers reserve the right to change the terms of the shipment of the products ordered by You through the Website, and shall not be liable for any damages caused to You in the event of a change in the terms of shipment.

Content and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Interush, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content is provided to You AS IS for Your information and personal use only and may not be used, copied (other than in a single downloadable form for personal use), reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Interush reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, for any commercial purposes. If You download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content, or enforce limitations on use of the Website or the Content therein.

Interush, Inc., the logo, iHealthcast, and associated brand names and domain names are trademarks of Interush, Inc. in the United States and other countries. Interush trademarks and trade dress may not be used in connection with any product or service that is likely to cause confusion among customers, or in any manner can be interpreted as business disparagement. All Marks not owned by Interush are the property of their respective owners. You may not use, and nothing contained on the Website grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the Website without the written permission of Interush or the respective owner of such trademark, service mark or logo.

For additional information regarding Interush's use of information collected in connection with services provided through the Website, please refer to Interush's iHealthcast Privacy Policy.

You are responsible for the security of any account names, identification numbers or passwords associated with Your access to and use of the Website. Interush is not liable for any unauthorized use of any accounts You establish through the Website by You, Your employees, agents or anyone else. You may not attempt to gain unauthorized access to any services, Content, user accounts, materials, servers or networks connected to Interush servers or to this Website, as prohibited by applicable laws and regulations. You may not introduce any virus or other harmful or malicious code onto the Website, or use the Website for any illegal, defamatory, harassing, or improper purpose, as determined by Interush in its sole discretion.

Interush reserves the exclusive right and may, at any time and without notice and liability to You, modify or discontinue the Website and its services, whether temporarily or permanently. Temporary interruptions in the availability of the Website may occur from time to time as normal events. Under no circumstances will Interush or its suppliers be held liable for any damages resulting from such interruptions. The Website and the Content may include technical inaccuracies, typographical errors or may enable You to access or download harmful or malicious code introduced onto the Internet by third parties. The Website is made available internationally and may contain references to products, programs and services of Interush and/or its suppliers that are not available in Your location. Such references do not imply that Interush or its suppliers intend to make available such products, programs or services in Your location.

For the convenience of our users, the Website provides certain links to web sites provided by third parties. Interush is not responsible for the content of any other web site linked to or from the Website. If You link to another site, You leave the Website and You do so entirely at Your own risk. Interush provides links from the Website to other sites solely as a convenience to You and in no way should this be interpreted as a referral or endorsement of any content, sponsor or owner of any other site. INTERUSH DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.

THE WEBSITE, ALL CONTENT (INCLUDING ANY THIRD PARTY ADVICE), SERVICES, AND THE PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INTERUSH, ITS LICENSORS AND ITS SUPPLIERS DISCLAIM ANY WARRANTY, CONDITION OR OTHER TERM OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to You. Interush does not represent that the Website will be uninterrupted or error-free, or that defects will be corrected. Interush does not warrant the accuracy and completeness of the Content and any third party advice (including, but not limited to advice provided by Physician Support and Physicians and Specialists) provided through or on the Website. Interush takes no responsibility for viruses or other destructive or intrusive computer programs that may damage Your computer system or data resulting from Your access to or use of the Website. The Content at the Website may be out of date, and Interush makes no commitment to update such Content. If software made available through the Website is subject to its own license terms and conditions, such terms and conditions supersede these Terms of Use. Interush is not responsible for the conduct, whether online or offline, of any user or any Licensors or Suppliers associated with its Website. Interush is not responsible for the shipment (including any delays in shipment) of any products purchased by You through the Website.

IN NO EVENT WILL INTERUSH OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSS) ARISING IN RELATION TO THESE TERMS OF USE AND/OR THE USE OR INABILITY TO USE THIS WEBSITE, ANY WEB SITES LINKED TO THIS WEBSITE, PRODUCTS AND SERVICES OFFERED FOR SALE OR THE CONTENT CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT INTERUSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY USE OF THIS WEBSITE OR OF A LINKED WEBSITE RESULTS IN DAMAGE TO HARDWARE, SOFTWARE AND/OR DATA, YOU ASSUME ALL COSTS RELATED DIRECTLY AND/OR INDIRECTLY THERETO. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

You agree to defend, indemnify and hold harmless Interush, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Website; (ii) Your violation of any term of these Terms of Use; or (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and Your use of the Website.

This Website is operated and controlled from Interush's offices in California, United States of America. It can be accessed from any of the 50 states in the United States and from other countries of the world. The laws of the State of California (or U.S. federal law, if applicable), without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Website and Your connection to and use of the Website. By using the Website You submit to the exclusive jurisdiction of California courts and further agree that any cause of action arising out of or in connection with these Terms of Use and/or Your use of the Website shall be brought only in the federal or state courts in Orange County, California.

Interush makes no representation or warranty that any Content on the Website is lawful in every jurisdiction from which such Content can be accessed, or is available for use in all jurisdictions. If You access the Website from a jurisdiction outside California You are responsible for compliance with all applicable local laws.

The following provisions survive the expiration or termination of this agreement Indemnification, Governing Law, Intellectual Property Rights, Limitation of Liabilities, Disclaimer of Warranties and Our Products – Terms of Sale.

In view of the unknown demand and use of this Website, we reserve the right to add to or change these Terms of Use. If we decide to change these Terms of Use, we will post those changes on the Terms of Use page. You are responsible for periodically checking our Website for changes to these Terms of Use. If You do not agree to be bound by (or cannot comply with) these Terms of Use as modified, You agree that Your sole remedy is to cease using Interush's services. Your continued use of Interush's services constitutes Your agreement to be bound by the amended Terms of Use.

If any provision of these Terms of Use is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms of Use will remain in full force and effect. These Terms of Use and the iHealthCast Privacy Policy constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Interush. The failure of party to asset any right under these Terms of Use shall not be considered a waiver of that party's right will remain in full force and effect. These Terms of Use and all related documents are written and shall be interpreted in the English language.