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Image Recovery Policies, Terms & Conditions

TERMS AND CONDITIONS FOR
TOTAL IMAGE CARE, INC. WEB SITE

Welcome to the Total Image Care, Inc. (“TIC”) web site. This terms and conditions page describes the terms upon which you may access and use our web site (the “Site”). By visiting our Site, you affirm that you have read and accept all of the following terms and conditions, which may be updated by us from time to time without notice.

1. Ownership of Copyrights, Trademarks and Other Intellectual Property. You acknowledge that TIC or its licensors own the copyright and all other intellectual property rights to this Site and all materials provided on this Site unless otherwise expressly indicated. All rights are reserved by TIC and its licensors, and you agree not to copy, reproduce, download, disseminate, publish, or transfer content in any form or by any means, except with our prior written permission, or as permitted by us in a separate written agreement.

The IMAGE RECOVERY CENTERS® and IMAGE RECOVERY CENTERS [and design]® marks are the registered service marks of TIC. Any other trademarks or service marks mentioned on this Site are the trademarks of their respective owners. References on our Site to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by TIC. Moreover, such third parties do not endorse, sponsor, and are not affiliated with TIC.

Patient Stories, names, and photographs are used with permission.

2. Disclaimer. TIC does not provide health care services. The information provided on this Site is for general educational and informational purposes only and is not intended to replace professional medical advice. Any concerns or questions regarding your health, a medical diagnosis, or treatment should be discussed with a licensed health care provider. TIC does not endorse any medications or treatments described, mentioned or discussed in any of the pages on our Site and makes no representations concerning the appropriateness or suitability of any such medications or treatments.

3. Limitations. While we make every effort to present accurate and reliable information on our Site, we do not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. In addition, we have no duty to update the information contained on our Site, and we are not liable to you for out-dated or incorrect information contained herein. Moreover, we reserve the right at any time to modify, suspend or discontinue the Site (or any part thereof) with or without notice, and we are not liable to you or any third party for any modification, suspension or interruption in services. THIS SITE IS PROVIDED ON AN “AS IS” BASIS, AND NO GUARANTEES OR WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, PERFORMANCE, INFORMATIONAL CONTENT, ACCURACY, OR SYSTEM INTEGRATION, ARE MADE WITH RESPECT TO THIS SITE, INCLUDING THE INFORMATION CONTAINED ON THIS SITE. IN NO EVENT SHALL TIC BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE OR LOSS OF USE, ARISING OUT OF YOUR USE OF THIS SITE, EVEN IF TIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. Links to Other Web Sites. Solely as a courtesy to you, we may provide links to other web sites at certain places on our Site; we do not endorse, approve, certify or control any of those web sites. Because we do not have any control over such sites, you acknowledge and agree that we are not responsible for the content of the sites or the availability, accuracy, completeness, efficacy, or timeliness of information contained on those sites. Use of those sites or any information obtained from those sites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy and timeliness.

5. Governing Law. Any dispute with respect to our Site shall be governed by the laws of the State of Maryland, excluding its conflicts of laws rules. All visitors to our Site submit to the exclusive jurisdiction of the state and/or federal courts of the of State of Maryland.

6. No Effect on Agreements. This Site shall be used for informational purposes only, and nothing on our site shall be construed to add or modify terms to any existing or future agreements with TIC.

7. Privacy/Security. See our Privacy Policy below.

8. Notices. In our discretion, we may provide notices of changes to these terms and conditions or other matters by displaying notices or links to notices generally on our Site.

9. Eligibility. Our goods and services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our goods and services are not available to minors under the age of 18. By visiting this Site and/or making any purchases through this Site, you represent to us that you can form legally binding contracts under applicable law, and that any and all data you have provided, or will provide, to us via this Site, such as your name, address and billing information, is complete and accurate.


Privacy Statement for
Total Image Care, Inc.

Total Image Care, Inc. (“TIC”) is concerned about the privacy of our clients and the confidentiality of their information shared with us. The intent of this Privacy Statement is to disclose the privacy practices of our web site (the “Site”) and the privacy practices related to our appearance enhancement educational services and products provided to cancer patients through our centers or licensed hospital-based centers (the “Services”).


What Information Do We Collect?

The Site requires from you only the information that we believe is reasonably necessary to provide you with the information and materials offered on the Site and at our appearance enhancement centers. In order to participate in the Online Consultation, we will collect personally identifiable information such as your name, zip code, email address, and questions, comments and information you specifically provide to us.

In addition, our order form asks you to give us information specific to that order, including your name, billing address, shipping address, telephone number, credit card information and email address. The information is used to process and send your orders. We also use the information to contact you if there is a problem with your order. Once your order is processed, your credit card information will no longer be retained. The last four digits of your credit card number will remain in our customer database as a means of referencing your order. We may also use the information to contact you for feedback on our products and services. It is our general policy not to sell, transfer or rent your name, address and email address to any third party.

Like most major web sites, our Site may collect information about users and the manner in which users utilize and navigate our Site. This information helps us to design our Site better to suit your needs. For example, our Site may track the URL that you visited before you came to our Site, the URL to which you next go, and your IP address. We may use your IP address to help diagnose problems with our server, and to administer our Site. Your IP address also may be used to help identify you and to gather broad demographic information.

If you visit one of our centers, we also will collect personally identifiable information such as your name, address, date of birth, social security number, insurance information, and medical information related to your diagnosis.

See below our 'Notice of Privacy Practices' with respect to protected health information.

Does Our Site Use Cookies?

Cookies are pieces of information that a web site transfers to a user’s hard drive for record-keeping purposes while visiting a Site. Cookies make using the Internet easier by, among other things, saving passwords and preferences for you. This Site does use cookies.

To Whom Does TIC Disclose Information?

Information collected by TIC is used solely for the purposes of providing the Services, providing the information and materials offered on the Site, fulfilling orders or requests for information, responding to inquiries regarding orders, and responding to inquiries regarding appearance enhancement. It is our general policy not to share any of the information collected on this Site with any third parties. We may analyze, aggregate and share information about the use of the Services to others, such as healthcare providers; however, we do not share information that could be used to personally identify you.

Notwithstanding the foregoing, TIC will divulge the minimum personal information required to law enforcement agencies or other governmental agencies when required to do so or when we in good faith believe it is necessary in order to comply with our legal obligations. We will, however, ask all governmental officials to provide us with acceptable reasons that we believe, in our sole discretion, support disclosure of personal information. In addition, in the event that TIC or substantially all of its assets are acquired, client information will of course be one of the transferred assets.

What Are The Privacy Policies Of Linked Sites And Other Third Parties?

This Privacy Statement only addresses the use and disclosure of information we collect from you. Although we may provide links to other sites or third parties via our Site, we are not responsible for the privacy or security practices of third parties or the content of linked sites.

What Security Measures Does Our Site Employ?

When we transfer and receive certain types of sensitive information such as credit card numbers, we redirect visitors to a secure server. In addition, this Site may have standard security measures in place that are intended to protect against the loss of information that we collect. However, you should keep in mind that this Site is run on software, hardware and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security.

How May This Privacy Statement Be Amended?

From time to time, we may make changes to our information practices or alter the functionality of this Site. We will update this Privacy Statement accordingly, so we encourage you to periodically review this page for the latest information on our privacy practices.

How Can You Contact Us?
If you have any questions about this Privacy Statement, the practices of this Site, or your dealings with this Site, you can contact us by email at info@imagerecovery.com.


TOTAL IMAGE CARE, INC.
NOTICE OF PRIVACY PRACTICES

This Notice of Privacy Practices (this “Notice”) describes how health information about you may be used and disclosed and how you can get access to this information. Please review it carefully.

UNDERSTANDING YOUR HEALTH RECORD/INFORMATION

Each time you visit an Image Recovery Centers® appearance enhancement center, a record of your visit is made. Typically, this record contains information related to your diagnoses, treatment, lifestyle, and insurance coverage information. This information, often referred to as your health record, serves as a basis for planning the services and supplies that can enhance your appearance. Understanding what is in your record and how your health information is used helps you to ensure its accuracy, better understand who, what, when, where, and ways others may access your health information, and allows you to make more informed decisions when authorizing disclosure to others. Although TIC does not provide medical services, the limited information we collect is kept in accordance with our privacy practices.

YOUR HEALTH INFORMATION RIGHTS

Unless otherwise required by law, your health record is the physical property of TIC and the information belongs to you. You have the right to request a restriction on certain uses and disclosures of your information, and request amendments to your health record. This includes the right to: (i) obtain a paper copy of this Notice; (ii) inspect and obtain a copy of your health record; (iii) obtain an accounting of disclosures of your health information; (iv) request communications of your health information by alternative means or at alternative locations; and (v) revoke your authorization to use or disclose health information except to the extent that action has already been taken.

OUR RESPONSIBILITIES

TIC is required to maintain the privacy of your health information. In addition, we must provide you with a notice as to our legal duties and privacy practices with respect to information we collect and maintain about you. TIC must abide by the terms of this notice, notify you if we are unable to agree to a requested restriction, accommodate reasonable requests you may have to communicate health information by alternative means or at alternative locations. We reserve the right to change our practices and to make the new provisions effective for all protected health information we maintain. Should our information practices change, we will mail a revised notice to the address you’ve supplied us. If we maintain a Web site that provides information about our customer services or benefits we will post our new notice on that Web site. We will not use or disclose your health information without your authorization, except as described in this Notice.

FOR MORE INFORMATION OR TO REPORT A PROBLEM

If you have questions and would like additional information, you may contact Jerry Kelly at jerry.kelly@imagerecovery.com. If you believe your privacy rights have been violated, you can file a complaint with the Secretary of Health and Human Services. There will be no retaliation for filing a complaint.

EXAMPLES OF DISCLOSURES FOR TREATMENT, PAYMENT, AND HEALTH OPERATIONS

We will use your health information for providing services and products that enhance your appearance, image and wellbeing. For example, we provide massage therapy for relaxation. Certain products are made available to you and can help reverse the drying effects of certain cancer therapies on the skin. While we do not endorse any specific product or service, we make products and services available to you that promote wellness, your image and your appearance.

We will use your health information for payment if your insurance covers the services and/or supplies. For example: A bill may be sent to you or a third-party payer. The information on or accompanying the bill may include information that identifies you, as well as your diagnosis, services and supplies provided.

We will use your health information for regular health operations. For example, as part of our quality initiative, we may use information in your health record to assess the outcomes in your case and others like it. This information will then be used in an effort to continually improve the quality and effectiveness of the services and supplies we provide.

We may contact you to provide appointment reminders or information about alternative services or products that may be of interest to you.

As required by law, we may disclose to the FDA health information relative to adverse events with respect to any product to enable product recalls, repairs, or replacements.

We may disclose health information for law enforcement purposes as required by law or in response to a valid subpoena.

EFFECTIVE DATE: April 1, 2002

IR Products

The products we sell have been selected based on their ability to address the needs of cancer patients during and after therapy. You can learn about the benefits of each product in our ingredients glossary. Our extensive collection includes products for women, men, babies, children, and adolescents.





 
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