iMedPages Terms of Service

1. Acceptance of Terms

By subscribing to services provided by iMedPages, you acknowledge and agree to the following Terms of Service. These terms govern your use of iMedPages’ web solutions, including but not limited to Website & Application Development & Design, Website Hosting, SEO, Paid Advertising, Social Media Marketing, Content Marketing, and Lead Generation.

iMedPages provides web solutions including search engine marketing, optimization, and associated services on a local, national and international basis. As such, we submit information on your behalf to search providers for whom you must agree to their terms and conditions. These providers may include, but are not limited to: Google, Yahoo, MSN/Bing, ASK, AOL, Marchex, InfoUSA, 411 Directory Assistance, Yellowpages.com, Superpages.com, Yellowbook.com, Yelp, Acxiom, Localeze, TrueLocal, local.com, CitySearch, MagicYellow, Dex, YP.com, iBegin, YellowBot, Insider Pages, MojoPages, Kudzu, Merchant Circle, OnStar, Craigslist, Kijiji, local online newspapers, Facebook, YouTube and other sites. The terms and conditions of these providers all apply. iMedPages will not share your information with any business other than in the course of securing online advertising and marketing services on your behalf.

2. Advertising Material

iMedPages has the right to place information pertaining to your business on any of the publisher and search provider websites such as those listed above and you authorize iMedPages to develop content based on information or material provided by you or your designees and collected by iMedPages including copy, form, size, text, graphics, names, addresses, phone numbers, URLs, logos, trade names, trademarks, service marks, endorsements, photographs or likenesses, and videos. Further, you represent that the material and information you provide to iMedPages is truthful, not misleading, and that you have the authority to represent this product and service information to iMedPages. Additionally, if so contracted, you authorize iMedPages to contact your customers for the sole purpose of gaining endorsements and reviews of your products and services for publication. Further, articles, press releases, and blog postings will be sent for approval before publishing. The timeliness of these pieces is critical to campaign performance. For this reason, all monthly content will be considered approved one week after the content was sent for approval unless requested edits or other communication is received from the client. Finally, you authorize iMedPages to utilize tracking phone numbers, and even record calls on your behalf, for ‘customer service’ purposes, and upon automatic notification to all incoming callers on tracking phone numbers if/when that service is contracted. Domains purchased on your behalf will be released to you within thirty (30) days after service has been terminated.

3. Unacceptable Practices

As iMedPages strives to offer the very best service, there are certain guidelines and policies that must govern iMedPages’ efforts and relationships with its clients.  Practices that are in violation of these guidelines and policies are strictly forbidden and may result in the immediate termination of iMedPages’ services.  Such decisions are at the sole discretion of iMedPages. 

4. Fees & Subscriptions

Services provided by iMedPages are primarily on a subscription basis. Upon agreeing to subscribe, you authorize automatic recurring payments for the duration of the agreed terms. Payment details shall be kept secure and charged according to the selected subscription plan without requiring monthly authorization.

All credit card payments require a 2% processing fee.  If an account becomes 30 days past due, all campaign activities will be paused until payment is made and the account is current.  At 60 days past due, the account is to be handed over to collection.

5. Payment

The Client agrees to pay iMedPages compensation for the Services agreed upon between the Client and the Company as set out in this agreement and defined in the contract. Services are billed on a subscription basis with fees automatically deducted through recurring auto payments. You authorize us to store and continue billing your payment method (e.g., credit card) even as it changes due to loss, theft, or expiration, to avoid interruptions in your service.

6. Term

The iMedPages Contract specifies the initial term for which program rates will be guaranteed, and will be for no less than twelve (12) months for custom programs. All agreements are auto-renewing at the then published service rates. After the initial agreement period, either party may cancel the program with a 30-day written notice to the other party.

7. Service Delivery

iMedPages commits to providing high-quality services in accordance with the descriptions provided at the time of subscription. The scope and duration of services shall be detailed in the service agreement specific to each client.

8. Representations and Warranties; License and Grant of Rights

You represent and warrant that you have and will continue to have the absolute and unrestricted right to publish and use all information you have provided for your advertising programs and that the content does not infringe on the rights of any third party and that it complies with all local, state and federal laws and regulations. Clients are responsible for providing necessary information and access to resources as may be required for iMedPages to deliver the subscribed services effectively. Clients must ensure that all provided content is free of any illegal material or intellectual property violations.

9. Indemnification

Each party warrants that its respective performance of the terms of this agreement will not in any way constitute knowing, intentional infringement or violation of any copyright, trade secret, trade mark, patent, invention or any other nondisclosure rights of any third party. You indemnify and hold harmless iMedPages against all costs (including attorney fees), damages and liabilities arising from negligent or intended acts on your part constituting the violation of any copyright, trade secret, trade mark, service mark, patent, invention, proprietary information or nondisclosure rights of any third party. To the full extent of the law, you will pay any expenses or damages to iMedPages resulting from claims made by third parties with regard to usage of material you have provided, even after termination of our Agreement.

Clients agree to indemnify and hold harmless iMedPages, its officers, directors, employees, suppliers, and affiliates, from any claims, damages, expenses, and liabilities arising out of their use of iMedPages services, including but not limited to violations of these Terms of Service.

10. No Guarantees

You acknowledge and agree that iMedPages makes no specific guarantee or warranty regarding the search providers and publishers to which it submits advertising on your behalf, including placement of paid search advertising or any specific results. iMedPages does not warrant the number of calls, clicks, impressions or website visits or that paid search advertising will appear in response to any particular query. iMedPages does not warrant that the performance will be error-free but will immediately act to correct errors once they have been identified.

11. Use of Client Name

iMedPages reserves the right to use the names and trademarks of its clients for marketing purposes unless explicitly requested not to do so by the client. Such requests must be made in writing.

12. HIPAA Compliance

We commit to maintaining HIPAA compliance in all aspects of our hosting services. This includes, but is not limited to, ensuring the confidentiality, integrity, and availability of all protected health information (PHI) we handle, process, or store.

13. Disclaimer of Warranties

To the maximum extent permitted by applicable law, iMedPages and its suppliers disclaim all warranties not expressly set forth in this document, whether express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to iMedPages services.

14. Limitation of Liability and Applicable Law

MedPages will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from the use of our services. This includes but is not limited to damages for loss of profits, goodwill, use, data, or other intangible losses.

The maximum aggregate liability iMedPages may have to you will be limited to the total amount of fees collected from you. iMedPages will have no liability in connection with the functionality or content of any search provider or internet publisher or website not owned by iMedPages. This agreement shall be governed and construed by the laws of the State of Washington. Any claims against this agreement must be made within 6 months from the date of the subject of the claim and must be made in writing to iMedPages, 4971 116th Pl SE, Bellevue, WA 98006, Attention:  Masha Kaprian. Should a claim arise, you agree to waive a trial by jury and to first seek a resolution by arbitration in King County, Washington using a mutually agreed upon member of the American Arbitration Association.

15. Force Majeure

Neither you nor iMedPages will be in breach of its obligations under these Terms and Conditions of Service (other than obligation to pay monies due) in the event that, for cause(s) beyond reasonable control, each party is unable to perform, in whole or in part, any one or more of its obligations. Such causes will include, but not be limited to governmental regulation, fire or other causality, inability to obtain materials or services, technical failure or difficulties, problems or interruptions of the internet, or any other cause not within the reasonable control of either party.

16. Assignment

iMedPages may assign, delegate or subcontract any rights or obligations under this Terms and Conditions of Service.

17. Miscellaneous

This Terms and Conditions of Service represent the parties’ entire agreement with regard to iMedPages provision of services. Agreement with these terms and conditions is upon signature of iMedPages Contract, and it will be binding upon you and your successors.

18. Authority

The person signing the Contract certifies that (s)he is lawfully authorized to purchase services on behalf of your company.

19. Effective Upon Execution

Acceptance of these terms is required for the use of iMedPages services. By continuing to use these services, you signify your acceptance of these terms.