i-Function™ Terms & Conditions of Service
Last Updated: August 2020
Welcome to the i-FunctionTM website. Please carefully review these Terms and Conditions of Service (the “Terms”) that govern your access and use of the i-Function, Inc. (“i-Function,” “we,” “us,” and “our”) website located at https://www.i-function.com/ (the “Website”), and any other products, services, or software offered or provided on the Website (collectively, the “iFunction Technology”). Additional terms or separate terms may apply to your use of other iFunction services or software. To the extent that the provisions of any additional terms conflict with these Terms, the provisions of the additional terms will govern. By using, accessing, installing, or downloading the i-Function Technology, you (“User,” “you” or “your”) acknowledge that you have read, understand, and agree to these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE, ACCESS, INSTALL, OR DOWNLOAD THE I-FUNCTION TECHNOLOGY.
Subject to these Terms, i-Function grants you a limited, revocable, nonexclusive, nontransferable personal right to access and make use of the i-Function Technology solely for the benefit of User and no other commercial purpose.
We may discontinue or alter any aspect of the i-Function Technology or remove Content from the i-Function Technology at any time without prior notice. You agree that we may, under certain circumstances, immediately suspend or terminate your access to or use of the i-Function Technology or any part thereof. Such circumstances include, without limitation: (a) breaches or violations of these Terms or other incorporated agreements or guidelines; (b) discontinuance or material modification to the i-Function Technology; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; or (e) engagement by you in fraudulent or illegal activities. You further agree that such measures shall be taken in our sole discretion and without liability to you or any third party.
While a User may browse the Website without creating an Account, a User will need to have an Account, becoming an “Administrator” or “Authorized User”, in order to use certain features of the i-Function Technology, including the software, portal, training and assessments. If you are a company, institution, researcher, clinician, or other organization (an “Administrator”), you will be required to enter into a separate License Agreement with i-Function in order to access the full functionality and features of the i-Function Technology and become a verified Administrator. Please contact us for more information.
Access to certain features of our Website may be limited to Authorized Users who have registered with us to create a user account (“User Accounts”). Authorized Users may be subject to additional terms specific to the Website or the services offered. If registration is required, you agree that all information you provide will be accurate, current and complete, and you will keep such information up to date. You are responsible for maintaining the confidentiality and security of your user name and password and are fully responsible for all activities that occur through your User Account. You agree to notify us immediately of any breach of security or unauthorized use of your User Account. We reserve the right to reject or otherwise terminate access for any user at any time.
The i-Function Technology is not aimed or intended for children under the age of 13. If you are under the age of 13, please DO NOT USE the i-Function Technology. By using the i-Function Technology, you represent and certify that you are 18 years of age or older. If you are over the age of 13 but under the age of 18 and wish to access the i-Function Technology, you must obtain parental consent before using the i-Function Technology, and your parents or legal guardian must affirmatively agree to these Terms.
With the exception of Personal Health Information, as described below, any and all transmissions to us by a User of the Website shall be transmitted to us on a non-confidential basis. Thus, it is to be understood that any information, communication or material you transmit to us via the Website or Internet electronic mail is transmitted non-confidentially by you. We make no representations or promises, express or implied, that it will not use any information, communication or material transmitted to us via this Website by you for any purpose whatsoever, including reproduction, publication, broadcast and posting.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the site or the service (“Submissions“), provided by you to us are not confidential and shall become the sole property of i-Function. i-Function shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of any transmissions or submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Any Personal Health Information provided by an Authorized User in connection with the i-Function Technology shall be anonymized (“non identifying”), but remain the property of the Authorized User and shall be treated as proprietary confidential; not for public dissemination. However you grant i-Function a perpetual license to use the data to perform agreed upon services in connection with the use of the i-Function Technology on your behalf. You further grant i-Function a perpetual irrevocable license to use the Personal Health Information in anonymized form for any purpose.
Links and Third Party Content
are hereby expressly incorporated into these Terms.
This Website may contain general information relating to various medical conditions and their assessment or treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified health care professional. Individuals should not use the information contained herein for diagnosing a health or fitness problem or disease. Individuals should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment
Thus, this Website does not, and is not intended to, provide medical advice or treatment, nor does it provide instruction on the appropriate use of any drug or product. Any information, communication or material presented on this Website should not be understood, interpreted or construed in any way as an alternative to or replacement or substitution for medical advice by your doctor or healthcare provider. It is important that you always discuss your treatment options and any questions that you may have directly with your doctor or healthcare provider.
License and Prohibited Uses
In consideration for your agreement to these terms and conditions, i-Function grants you a very limited personal, non-exclusive, non-transferable license to access and use the Website. You may download material from the Website only for personal, non-commercial use, and the Website may not be copied, distributed, downloaded, modified, reused, reposted, or otherwise exploited except as provided herein without the express written permission of i-Function. It is our policy to enforce our intellectual property rights to the fullest extent permitted under law. Therefore, the use or misuse of the trademarks, service marks, logos, trade names, trade dress, algorithms, copyrights, or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes, and/or regulations.
You agree to use the i-Function Technology and related services in accordance with these Terms, only for lawful purposes, and to follow all applicable local, state, federal, and international laws and regulations of the United States and any state or country in which you reside when using the i-Function Technology or related services. While using the i-Function Technology, you agree that you must not:
License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit, except in accordance with a use license, or make available to any third party any portion of the i-Function Technology or Content;
Copy, modify, adapt, alter, translate, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the i-Function Technology is based;
Promote illegal activities, sexual, or “adult” conduct, child abuse, drugs, or anything objectionable (as determined by us) or otherwise violate any applicable law;
Use the i-Function Technology to post, use, upload, or disseminate content, files, graphics, software, or other material that infringes or misappropriates any trade secret or intellectual property rights, rights of publicity, rights of privacy, or proprietary right of any party;
Take any action to circumvent, compromise, or defeat any security measures implemented on any of the i-Function Technology, including to gain access to any of the i-Function Technology;
Use any manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the i-Function Technology (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the i-Function Technology;
Frame or otherwise simulate the appearance or functions of the i-Function Technology or any portion thereof;
Use the i-Function Technology to gain competitive intelligence about us or develop a competing i-Function Technology or service;
Intellectual Property Rights
All content and materials on the Website and embodied in the i-Function Technology, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, or other material (“Content”) is the property of i-Function or its third party licensors and is protected by United States and international intellectual property laws. All logos, trademarks, trade dress, service marks, and trade names are proprietary to i-Function. The Content and materials are intended for your personal non-commercial use. You may make one copy of any page from the Website for your personal, noncommercial use only. No right, title, or interest in any Content is transferred to you as a result of any such copying. You may not reproduce, republish, upload, post, transmit, modify, create derivative works from, sell, or distribute in any way the Content.
Notice of Copyright Infringement
If you believe that the i-Function Technology contains any Content or elements that infringe your copyrights, please provide our Designated Copyright Agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and email address;
A statement that the complaining party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Attn: Peter Kallestrup
1951 NW 7th Avenue, Suite 300 Miami, Florida 33136
For more information regarding the above, please reference the Digital Millennium Copyright Act, 17 U.S.C. § 512.
THE I-FUNCTION TECHNOLOGY IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOUR USE OF THE I-FUNCTION TECHNOLOGY IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATION OR WARRANTY (A) THAT THE I-FUNCTION TECHNOLOGY WILL MEET YOUR REQUIREMENTS; (B) THAT THE I-FUNCTION TECHNOLOGY WILL BE ERROR-FREE OR UNINTERRUPTED; (C) REGARDING THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, OR PERFORMANCE OF THE I-FUNCTION TECHNOLOGY; (D) THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED; OR (E) THAT ANY CONTENT, MATERIAL,
INFORMATION, OR DATA OBTAINED BY YOU THROUGH THE I-FUNCTION TECHNOLOGY IS ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE I-FUNCTION TECHNOLOGY OR US WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
I-FUNCTION USES REASONABLE EFFORTS TO MAINTAIN THE I-FUNCTION TECHNOLOGY BUT I-FUNCTION IS NOT RESPONSIBLE FOR ANY DEFECTS OR FAILURES ASSOCIATED WITH ANY OF THE I-FUNCTION TECHNOLOGY, ANY PART THEREOF, ANY CONTENT POSTED USING THE I-FUNCTION TECHNOLOGY, OR ANY DAMAGES (SUCH AS LOST PROFITS OR OTHER CONSEQUENTIAL DAMAGES) THAT MAY RESULT FROM ANY SUCH DEFECTS OR FAILURES. THE I-FUNCTION TECHNOLOGY MAY BE INACCESSIBLE OR INOPERABLE FOR ANY REASON, INCLUDING WITHOUT LIMITATION: (A) EQUIPMENT MALFUNCTIONS; (B) PERIODIC MAINTENANCE PROCEDURES OR REPAIRS; OR (C) CAUSES BEYOND THE CONTROL OF I-FUNCTION OR WHICH ARE NOT FORESEEABLE BY I-FUNCTION.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETIES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT I-FUNCTION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR USE OR INABILITY TO USE THE I-FUNCTION TECHNOLOGY OR ANY INFORMATION OR MATERIALS PROVIDED ON THE I-FUNCTION TECHNOLOGY, EVEN IF I-FUNCTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL I-FUNCTION’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE I-FUNCTION TECHNOLOGY.
These Terms are effective unless and until terminated by i-Function. You agree that i-Function may terminate your use of the i-Function Technology, or any part thereof, or remove, discard, or discontinue providing any Content or portion of the Website, without notice. You may terminate these Terms at any time by discontinuing your use of the i-Function Technology and destroying all materials, including any Content, that you obtained from the i-Function Technology and any related documentation. Your access to the i-Function Technology may be suspended or terminated immediately without notice from us, in our sole discretion, if you fail to comply with any term or provision of these Terms. Upon termination, you must cease use of the i-Function. Technology and destroy all materials, including Content, obtained via the i-Function Technology and all copies thereof.
Release and Indemnification
You agree to release Company, its members, officers, directors, employees, and agents from any and all liability and obligations whatsoever in connection with or arising out of your use of the i-Function Technology. If, at any time, you are not satisfied with the i-Function Technology or any related services, your sole remedy is cessation of use of the i-Function Technology and such services.
You agree to defend, indemnify, and hold harmless i-Function, its officers, directors, employees, agents, shareholders, licensors, and suppliers from and against any and all claims, actions, demands, obligations, losses, liabilities, expenses, and costs, including reasonable attorneys’ fees, arising from (a) your access or use of the i-Function Technology; (b) breach of these Terms; (c) infringement or misappropriation of any intellectual property or other rights of i-Function or third parties by you; or (d) any negligence or willful misconduct by you.
THIS SECTION AFFECTS YOUR RIGHTS – PLEASE READ CAREFULLY BEFORE AGREEING TO THIS AGREEMENT.
Any dispute, claim, controversy, action, or proceeding arising out of or relating to this Agreement or the services (a “Dispute”) will be determined by arbitration in the Miami-Dade County of the State of Florida, before a single arbitrator. The American Arbitration Association (“AAA”) will administer the arbitration in accordance with the AAA rules. The claimant party filing a demand for arbitration with the administrator of AAA and serving the demand on the opposing party will initiate the arbitration. You and i-Function will select an arbitrator in accordance with the applicable AAA rules, within thirty (30) calendar days of the date the demand for arbitration is filed. Except as otherwise required by law, neither you, i-Function, nor the arbitrator may disclose the existence, contents, or results of any arbitration under this Agreement without the prior written consent of you and i-Function. Any award of the arbitrator will be accompanied by a statement of the reasons upon which the award is based.
No Class Action
YOU AGREE THAT ANY CLAIM YOU MAY HAVE AGAINST US MAY ONLY BE BROUGHT INDIVIDUALLY AND YOU WILL NOT JOIN SUCH CLAIM WITH CLAIMS OF ANY OTHER PERSON OR ENTITY OR BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION AGAINST US. BY ACCEPTING THESE TERMS, YOU AND I-FUNCTION ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN OR BRING A CLASS ACTION.
Time to File
ANY DISPUTE THAT YOU MAY HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DISPUTE ACCRUES, OTHERWISE, SUCH DISPUTE IS PERMANENTLY BARRED.
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the code of procedure established by the AAA, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. Injunctive Relief
Notwithstanding anything herein to the contrary, i-Function reserves the right to seek injunctive relief if you use the Site in violation of the rights granted herein or infringe upon or misappropriate any intellectual property rights of i-Function.
Unless otherwise specified, the Content, Website, i-Function Technology, and other materials are solely for the services or products available in the United States. i-Function makes no representations or warranties that the Website, Content, or other materials accessible via the i-Function Technology is appropriate or available in locations outside of the United States. If you access the i-Function Technology from outside of the United States, you are responsible for compliance with all applicable laws, including any export or re-export controls, restrictions, and regulations.
These Terms, including any other terms or agreements referenced herein, constitute the complete and entire agreement between you and i-Function with respect to the i-Function Technology and Content offered via the i-Function Technology, and unless otherwise expressly stated herein, supersede any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between you and i-Function concerning the i-Function Technology or Content.
No waiver by either you or us of any breach of these Terms shall be deemed to be, or construed as, a further or continuing waiver of any other such breach or a waiver of any other breach of this Agreement.
We reserve the right to modify these Terms of any additional terms that apply to the i-Function Technology, at any time, without notice. You should review these Terms regularly. Your continued access or use of the i-Function Technology after the Terms have been revised
1951 NW 7th Avenue, Suite 300
Miami, Florida 33136