General Legal Notices

iTel Companies, Inc. (iTel) has invested substantial amounts of capital into development of its Intellectual Property (IP) that is manifest on its websites and desktop applications. Measures and policies have been established so as to actively protect its IP, while bringing the best in healthcare technology available to our Users that is recognizable—such that iTel has introduced a “face” that is familiar to the public. iTel possesses a family of names that are preceded by the prefix “iTele,” which has become synonymous with the family of names possessed by iTel. Three areas of protection are imparted to iTel by its registrations with the United States Patent & Trademark Office (www.uspto.gov):

Copyrighted materials noted with the following notation(s) or similar: “Copyright © 2015 iTel Companies, Inc. All rights reserved.”
Trademarked names, logos, and/or materials noted with one of three notations: “TM” “SM” or “®”
Patented technology or application(s) noted by: “Patent Pending”, or “Patent Number: 0123456789” (i.e., a registered patent number after the words “Patent Number:”).

In order to expedite your review of iTel’s General Legal Notices, while holding your cursor over following headings, you may click on any of them to take you instantly to that category of information:

Definitions
Copyrighted Materials & Intellectual Property
Trademark Protection
Patent Protection
Procedures for Notification of Copyright Infringement
Jurisdiction
Indemnification
General Disclaimer(s)
Limitation of Liabilities
General Legal Inquiries

Definitions

For the purposes of this notice, the term “Provider” includes all of the following (but is not limited to): therapists, psychologists, psychiatrists, physicians (i.e., doctors), nurse practitioners, physician assistants, licensed prescribers, coaches, and those trained in the practice of providing treatment or services to patients and/or clients. The term “User” or “Users” is inclusive of (but not limited to) the following: the general public, patients and their families, and any individual or entity that views, registers, makes use of, or partakes in the entrance thereof into one of the iTel portals, irrespective of purpose.

Copyrighted Materials & Intellectual Property

All information and displayed material(s) on iTel websites is the property of iTel Companies, Inc. (iTel), its subsidiary corporations noted on each website and desktop application(s), or its licensors and is protected by United States copyright, trademark, and intellectual property laws. Users may display, reformat, and/or print the available materials only for their personal and private use, and are strictly prohibited from any commercial use and/or application. Any non-personal (i.e., commercial) use, modification, distribution, sale, broadcast, reproduction, retransmission, publishing, circulation, or dissemination of materials, methods, sequencing, disease management protocols, algorithms, lists, plans, information on products, diagrams, charts, formulas, screens, questionnaires, surveys, news, or health information educational content found on and/or owned by iTel websites, desktop applications or its licensors is strictly prohibited without the express written permission from iTel. All software and desktop applications with their accompanying documentation, instructions, and User codes/keys available to Users for downloading from iTel or its websites are copyrighted work(s) by iTel, or its licensers. Ownership remains at all times the exclusive rights of the copyright holder. By downloading either software and/or accompanying documentation, it does not impart ownership of the materials downloaded. Rather, by agreeing to the terms of use for the materials downloaded, Users are granted licensed rights for personal (non-commercial) use of the noted software and documentation.

iTel strictly enforces protection of its rights by active monitoring of its content and works, and will aggressively pursue legal action against any User discovered to have violated its protected copyrights. The 1976 Copyright Act (17 U.S.C. §§ 512, 1201-1205, 1301-1332; 28 U.S.C. § 4001) governs enforcement of iTel’s rights and privileges, and extends iTel further protection by its amendment with the Digital Millennium Copyright Act of 1998, H.R. 2281, Pub. L. 105-304, 112 Stat. 2860 (17 U.S.C. §§ 101, 104, 104A, 108, 112, 114, 117, 701) as implemented by the World Intellectual Property Organization (WIPO). Any User that has violated any portion of iTel’s copyrighted IP may have their access and/or use of iTel websites, and/or account(s) denied or terminated if they are a repeat offender at the sole discretion of iTel.

Trademark Protection

iTel Companies, Inc. (iTel) maintains a family of names that are preceded by the prefix “iTele,” which has become synonymous with the family of names it possesses. All names, services, products, or applications including (but not limited to): Virtual Therapy DesktopSM, iTelepsych.com®, iTelemed.comSM, iTelecoach.comSM, and iTeledrugs.comSM, and are followed by the following notation(s) as a superscript with one of three notations: “TM” “SM” or “®” and are fully/wholly owned by iTel and/or one of its subsidiary companies, and are registered trademarks owned by iTel. Use, reproduction, copying, or redistribution of any of iTel’s or any of its subsidiary companies’ logos is strictly prohibited without prior written consent and/or permission. All other trademarks, trade names, brand names, company names and/or logos appearing on iTel websites are the property of their respective owners. iTel strictly enforces protection of its rights by active monitoring of its content and works, and will aggressively pursue legal action against any User discovered to have violated its protected registered trademarks or service marks. Further governing protection of iTel’s trademarks is the Federal Trademark Dilution Act of 1995 and adoption of the Arizona Anti-dilution statute.

Patent Protection

iTel and/or its subsidiary companies possess lifetime unrestricted licensing agreements for use of its patented and/or “patent pending” Intellectual Property (IP). Use of services and/or various aspects of iTel’s websites and/or desktop applications are governed by and subject to United States and internationally registered patent(s) pending. The principle foundation(s) of iTel’s patent protection for its IP for both international and domestic filings resides in the international Patent Cooperation Treaty (PCT) of 1970 and its subsequent amendment on September 28, 1979, and modifications on February 3, 1984, and October 3, 2001 (as in force from April 1, 2002), and U.S. patent laws as codified in Title 35 U.S.C. and the American Inventors Protection Act of 1999 (AIPA)—Public Law 106-113, 113 Stat. 1501, which further revised the patent laws. iTel strictly enforces protection of its patent and IP rights by active monitoring of its content and works, and will aggressively pursue legal action against any User discovered to have violated its protected patent rights, both in the U.S., and internationally.

Procedures for Notification of Copyright Infringement & Takedown

In providing a mechanism and procedure of notification, should an entity believe that any matter or element displayed, or that is viewable on any of iTel’s Websites has infringed upon your copyright, then you may submit a formal request for review, and potential removal of that/those material(s). In order to present your request you must contact iTel’s agent listed below. Please submit your correspondence to:

Attn: Copyright Agent
Legal Department
iTel Companies, Inc.
10165 N 92nd ST, Suite 101
Scottsdale, AZ 85258

Email address: copyright.agent@itelcompanies.com
Phone: (480)-314-7407

The following list compiles notice and procedures to the public and Users of iTel websites. iTel requires that all submissions regarding copyright adhere to the following policies and procedures in order process your correspondence:

Cite and/or identify what you believe to be infringed. A full description and presentation of the identified material will be necessary. This should include its specific location and what portion of content or works you believe are unauthorized to be used on iTel’s Websites. The address of the web page, along with either a copy, or direct quote will facilitate review or your request.
All correspondence must contain a full entity name, agent name, address, telephone number, and/or return email address where correspondence can be sent.
A full description and/or citation of the work that is believed to be infringed upon, a copy of that work including publication date and filing date with the United States Patent & Trademark Office (USPTO), and location of that work (the URL where it is located) will be necessary to review the potential unauthorized rendering of work.
A full and complete declaration will be required to be provided stating why you believe your work has been infringed upon, and that it is not authorized by the copyright owner, agent, or respective applicable laws governing copyright ownership.
You will be required to provide a statement that testifies in writing to your submission that you have been truthful, accurate, and knowingly present your complaint “under the penalty of perjury” (17 U.S.C. 512 (g)(c)(3)) and that you are the designated agent or owner of the copyrighted material, and are so authorized to act on behalf of the copyright holder.
An authenticated signature from the authorized statutory and/or copyright owner/agent will be required with the submission of all materials, whether in digital format or hard copy.
Materials submitted will not be returned upon completion of review. All mailings should be sent certified return receipt.
A minimum of two weeks should be expected in order for a formal response to be prepared from our legal department or representative (copyright agent) from the time of receipt of materials.

Jurisdiction

All Users, entities, and/or agents agree that jurisdiction governing any dispute or complaint with iTel, or any of its websites, arising from either direct or indirect use, viewing, or any way relating to the use of our websites resides in the courts within Maricopa County, in the State of Arizona, United States of America (USA). All Users, individuals, entities, and/or agents further agree and consent to existing rules as apply to personal jurisdiction under U.S. Code: Title 28—Judiciary and Judicial Procedure (28 U.S.C. § 1291) in conjunction with any such dispute arising with or any claim encompassing iTel, its subsidiaries, vendors, business partners, employees, contractors, officers, directors, audio-video telecommunication Providers, content providers, and/or business partners.

Irrespective to its conflict of laws principles, the Terms and Conditions that are listed in iTel’s User Policies—including (but not limited to) our Terms of Use Agreements, Advertising Policy, Privacy Policy, Sponsorship & Grants Policy, and those inclusive of this Legal Notice are governed by the internal substantive laws of the State of Arizona, U.S.A.. If any provision or clause of iTel’s Terms and Conditions or User Policies is found to be invalid by any court having sufficient jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these policies & notices, which shall remain in full force and effect. No waiver(s) of these policies contained within iTel’s Terms & Conditions or any policies or Terms of Use Agreements shall be deemed as enduring or additional waiver(s) of these agreements and/or policies, or any other term or condition.

Indemnification

Users of iTel websites agree to defend, indemnify, and hold harmless iTel Companies, Inc. and/or any of its subsidiary corporations, its officers, directors, employees, agents, licensors, vendors, contractors, audio-video telecommunication providers, content providers, and/or business partners from and against any claims, actions, demands, liabilities and settlements—including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, their violation of iTel’s Terms of Use Agreements and/or any of its posted policies contained herein or on any of its websites.

General Disclaimer(s)

iTel Companies, Inc. (iTel) is a Delaware Corporation with its corporate offices and operations located in Scottsdale, Arizona, United States of America (USA). Users that access iTel websites from outside of the USA do so at their own risk and peril, and are responsible for compliance with the laws of their jurisdiction. iTel makes no claims that any of its websites and/or the content or functionality contained/located on its sites or desktop applications are appropriate for or may be downloaded for use outside of the USA. Access to the content provided or use thereof the functionality possessed on iTel websites may not be legal by certain persons or in certain countries.

Users of iTel websites, desktop applications, and/or services provided acknowledge that their utilization of its services is at their own risk & peril, and that they assume full responsibility for all risk associated their use. It is understood that all content, information, products or services found on iTel websites are provided “as is” without any respective warranty of any kind, whether expressed or implied. iTel Companies, Inc. and/or any of its subsidiary corporations, its officers, directors, shareholders, agents, licensors, vendors, contractors, audio-video telecommunication providers, content providers, and/or business partners hereby disclaim all representations and warranties, conveyed or inferred, statutory or otherwise, including (but not limited to) those suitable for a singular or multiple intention(s), warranties of marketability, title, non-infringement, and freedom from Internet derived computer viruses, spyware, bots, or otherwise that possess similar delirious affect. Not withstanding, it is understood by Users of our websites and desktop applications that iTel exercises every effort to protect its Users from such attacks by active monitoring, encryption of all data—whether in transmission or storage, design of its User interfaces, and/or its applications so as to minimize potential risk (e.g., it is accepted and recognized by iTel Users that no computer system is 100% free from fortuitous events engineered by those with deleterious intent). Without restricting the preceding, iTel and its subsidiaries make no warranty as to the reliability, preciseness, punctuality, benefit, functionality, sufficiency, completeness, or the appropriateness of iTel products and/or services provided by one of iTel’s websites, desktop applications, or service(s) provided by one of its business partners or vendors.

Further, iTel does not make any claims, representation(s), or warranties about the fulfillment of government (for example, Food & Drug Administration—FDA) regulations requiring disclosure of information on prescription drug products, medications, or devices; or any treatment regimen or protocol recommended, mode of action or mechanism, administration, preparation, or formulation of medication(s) based on information offered, displayed, or provided through or by any one of the iTel websites, including (but not limited to Virtual Therapy DesktopSM, iTelepsych.com®, iTelemed.comSM, iTelecoach.comSM, and/or iTeledrugs.comSM. iTel refers all of its Users to current & existing “Package Insert” information available on all FDA approved medications for reference. (www.fda.gov)

Limitation of Liabilities

iTel Companies, Inc., (iTel) and/or any of its subsidiary corporations, its officers, directors, shareholders, agents, licensors, vendors, contractors, audio-video telecommunication providers, content providers, and/or business partners shall in no event by liable for any direct damages in excess of: 1.) the product’s purchase price for, or 2.) in the case that no monetary transaction took place resulting in the debit or charge of an account with subsequent transfer of funds being paid or required during a transaction, $1,500. In no event shall iTel, nor any of its subsidiary corporations, its officers, directors, shareholders, agents, licensors, vendors, contractors, audio-video telecommunication providers, content providers, and/or its business partners be liable, to the utmost degree permitted by law, for any preeminent, punitive, indirect, adscititious, or consequential damages, including (but not limited to) any interruption of service(s) or loss of data, personal injury, wrongful death, loss of use, loss of profit(s), regardless of whether represented in any action in warranty, contract, tort (including, but not limited to negligence or fundamental infringement), or otherwise arising out of or in any way connected with the use of, or inability to use, iTel’s websites, or any service offered through its websites or desktop applications, or any material or information contained in, accessed through, or products purchased on iTel’s websites, even if an authorized representative of iTel is informed or advised of the likelihood or possibility of the same. To the extent that certain jurisdictions restrict any of the aforementioned limitations of liability, it shall be understood by iTel Users that such limitations shall not pertain to or apply in such jurisdictions to the extent of such restrictions. Therefore, all matters of jurisdiction are subsumed under the heading “Jurisdiction” contained within this General Legal Notices document.

In providing such disclosures, iTel makes apparent that all liability for the following (including but not limited to): transactions, treatments, relationships, recommendations, and/or advice, rests solely with the Providers that are administering services to their patients/clients through iTel’s websites and/or desktop applications. In doing so, iTel’s functionality is restricted to a set of services defined as a technology portal through which Providers and patients/clients may securely connect and communicate for treatment and educational purposes. Providers that are administering services to patients & clients are not employees of iTel, nor its subsidiaries, and act on their own accord, maintaining their own responsibility for any and all malpractice claims, and absolve iTel from any liability thereof. Although iTel facilitates collection and transmission of malpractice fees for the Providers utilizing its services and technology, it is absolved from all liability, and in no event shall iTel be responsible for (including but not limited to) the treatment of patients, recommendations made to clients, nor their outcomes.

General Legal Inquiries

All general legal matters, questions, or concerns not pertaining to Copyright Infringement may be addressed to iTel’s Legal Department. For general inquiries please use our email, and more extensive legal issues may be addressed to:

ATTN: Legal Dep’t
iTel Companies, Inc.
10165 N 92nd ST, Suite 101
Scottsdale, AZ 85258

Our Legal Department email: general.counsel@itelcompanies.com

Phone: (480)-314-7407

Please allow a minimum of two weeks for your matter to be addressed and responded to. To be certain that your inquiry has been received, please send your correspondence via certified return receipt. This will assist iTel in addressing your inquiry in a timely manner.