This website, located at https://www.icannamed.com, and the icannamed Mobile Applications (collectively, the “Site”), are owned and operated by Alian Research, LLC (d/b/a icannamed) (and collectively with its subsidiaries, affiliates, successors, and assigns, “icannamed”, “we,” or “us”). This Site provides Qualifying Patients* with :(i) information on licensed physicians and/or nurse practitioners and the services and facilities provided by the same who are subscribers to the icannamed services (collectively hereafter“Licensed Health Care Provider(s)”), (ii) concierge-type assistance in planning for health care procedures and appointments with Licensed Health Care Providers, (iii) development and gathering of health care records and health care information with retention of the same for use in Licensed Health Care Provider appointments and communications, (iv) administrative support in connection with third-party financing and payment options for Licensed Health Care Provider services and submission of third-party insurance claims for reimbursement of health care expenses when possible, and (v) telecommunications support using the Site and other electronic resources for direct access to Licensed Health Care Providers and facilities for communication, consultations, assessments, and ongoing treatment.
*Qualifying Patients are those persons with one of the following severe, debilitating or life-threatening conditions: cancer, positive status for HIV or AIDS, amyotrophic lateral sclerosis (ALS), Parkinson's disease, multiple sclerosis, damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity, epilepsy, inflammatory bowel disease, neuropathy, chronic pain as defined by 10 NYCRR §1004.2(a)(8)(xi), post-traumatic stress disorder or Huntington's disease or any condition for which an opioid could be prescribed (provided that the precise underlying condition is expressly stated on the patient’s certification). Patients must also have one of the following associated or complicating conditions: cachexia or wasting syndrome, severe or chronic pain, severe nausea, seizures, or severe or persistent muscle spasms, PTSD or opioid use disorder (only if enrolled in a treatment program certified pursuant to Article 32 of the Mental Hygiene Law).
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911
THIS WEBSITE FACILITATES COMMUNICATION AND COORDINATION WITH A LICENSED HEALTH CARE PROVIDER AND IN CERTAIN CIRCUMSTANCES FACILITATES DIRECT COMMUNICATION WITH THE SAME. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH YOUR PRIMARY LICENSED HEALTH CARE PROVIDER OR OTHER HEALTH CARE SERVICE, AND ICANNAMED DOES NOT PROVIDE MEDICAL ADVICE, RECOMMENDATIONS OF CANNABIS FOR MEDICAL USE, DISTRIBUTION OF CANNABIS IN ANY FORM WHATSOEVER FOR THE PURPOSE OF MEDICAL TREATMENT OR OTHERWISE, CARE, DIAGNOSIS, OR TREATMENT.
Cannabis is currently listed as a Schedule I controlled substance pursuant to the federal Controlled Substances Act. Consequently, possession, distribution, cultivation, and manufacture of cannabis are illegal under federal law. Upon acceptance of this Agreement, you represent and warrant that you understand the varied legal risks associated with your use of cannabis for medical treatment, including arrest and prosecution under applicable federal laws. Should any criminal or civil administrative or legal actions be instituted against you for your use or possession of cannabis for medical treatment as recommended by a Licensed Health Care Provider through icannamed, you will not hold icannamed or any of its Licensed Health Care Providers liable for any loss, injury, or claims of any kind resulting from those actions. You are solely responsible for maintaining a full understanding of the medical cannabis laws in the state in which you reside. Icannamed does not in any way engage in the cultivation, manufacture, distribution, sale, or online sale of cannabis or any cannabis product for medical use or otherwise. Licensed Health Care Providers subscribing to the Site do not in any way engage in the cultivation, manufacture, distribution, sale, or online sale of cannabis or any cannabis product for medical use or otherwise. Neither icannamed nor its Licensed Health Care Providers shall assist you at any time or in any way in the procurement of any cannabis or cannabis product for your consumption, possession, sale or distribution, cultivation, or manufacture of the same for medical use or otherwise. Neither icannamed nor its Licensed Health Care Providers shall procure on your behalf any cannabis or any cannabis product in any form whatsoever for your medical use or otherwise. In order to gain access to and to use the Site, you must demonstrate to the satisfaction of icannamed that you currently reside in the New York State. Only a valid, state-issued, non-expired identification card or driver’s license (collectively “Identification”) shall be sufficient to demonstrate state residency. Upon demonstration of residency in New York through submission to Icannamed of your Identification, Icannamed shall coordinate your initial communication with a Licensed Health Care Provider who practices in New York State. You shall not have any access through Icannamed to any Licensed Health Care Provider who does not practice in New York State. Upon acceptance of this Agreement, you represent and warrant that you understand that there exists a conflict between federal and state law, and, as such, federal regulators
may view any action by Licensed Health Care Providers to prescribe cannabis to you for your medical use as unlawful under federal law. Licensed Health Care Providers are in no way obligated to recommend to you the use of cannabis for your medical treatment. It is in the sole discretion of your Licensed Health Care Provider, through its bona fide Health Care Provider to patient relationship with you and corresponding medical examination or series of examinations to be conducted in accordance with the applicable and governing state laws and regulations of the respective Medical Cannabis State, to determine whether cannabis would be effective as a treatment for your condition(s) (“Patient Recommendation”). Neither icannamed nor its Licensed Health Care Providers make any warranties or guaranties that the use of medical cannabis would be an effective treatment for your medical conditions. Should a Licensed Health Care Provider determine that you have a qualifying condition or that you are undergoing certain medical treatments to justify Patient Recommendation, you bear the sole responsibility of obtaining cannabis for your medical use within the Medical Cannabis State in which you reside. At no time shall you provide cash or any form of remuneration to either icannamed or to your Licensed Health Care Provider specifically or solely for making a Patient Recommendation on your behalf or in exchange for the same; while certain fees shall apply for your medical consultation with a Licensed Health Care Provider, there is no guarantee of a Patient Recommendation of any kind and all such Recommendations are solely within the professional medical judgment and discretion of the Licensed Health Care Provider. This Site is intended for use only by persons who are at least twenty one (21) years of age; if you are under 21 years of age, your parent or legal guardian must accompany and strictly monitor your use of the Site. Licensed Health Care Providers will not make Patient Recommendations on behalf of any individual using the Site who is under the age of 21 unless such Recommendations are made in compliance with the laws and regulations governing.
Icannamed services are only made available to Qualifying Patients that reside in New York State. The Site provides the tools to plan for services, engage remotely, and coordinate such care, if necessary. Icannamed services are subject to state laws and regulations and may change from time to time due to changes in such regulatory requirements.
Your Relationship with Icannamed
If permitted by the respective Medical Cannabis State(s), your Licensed Health Care Provider may use the Site to provide advice or diagnosis to you. Your Licensed Health Care Provider providing such services through the Site may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance. Therefore, the Licensed Health Care Provider providing services through the Site may not be aware of facts or information that would affect his or her opinion of your diagnosis. By deciding to engage the services of the Site, you acknowledge and agree that you are aware of this limitation and agree to assume the risk of this limitation. Furthermore, you agree and accept that: (i) the diagnosis you will receive is limited and provisional; (ii) the opinion is not intended to replace a full medical evaluation or an in-person visit with your Licensed Health Care Provider; (iii) the Licensed Health Care Provider providing services through the Site may not have important information that is usually obtained through a physical examination; and (iv) the absence of a physical examination may affect your Licensed Health Care Provider’s ability to diagnose your condition, disease, or injury. You also agree that the opinion expressed by a Licensed Health Care Provider using this Site is not that of icannamed and will not be used in any legal dispute against icannamed, including but not limited to litigation,
arbitration, claim for disability benefits, claim for worker’s compensation and/or malpractice claims.
Duty to Provide Information and Access
If you consult with a Licensed Health Care Provider through the Site, you have a duty to provide appropriate real-time audio and video access (consistent with any technical and quality requirements described on the Site) to enable an appropriate evaluation and connection by the Licensed Health Care Provider. You also have a duty to provide truthful and accurate responses on any patient forms or information requests your Licensed
Health Care Provider may provide through the Site.
Icannamed understands the importance of confidentiality and privacy regarding your health information. By entering into this Agreement you represent and warrant that you understand that certain health care records pertaining to any Patient Recommendation made on your behalf by your Licensed Health Care Provider may be subject to mandatory disclosure and production to relevant government authorities by either icannamed or
its Licensed Health Care Providers under the applicable and governing laws and regulations of your Medical Cannabis State. Specifically, by entering into this Agreement you represent and warrant that you understand that copies of your medical records stating that you have been diagnosed with a serious medical condition or are undergoing certain medical treatments for which the medical use of cannabis is an appropriate remedy may be subject to mandatory disclosure and production by either icannamed or its Licensed Health Care Providers to relevant government authorities under the applicable and governing laws and regulations of your Medical Cannabis State.
Independence of Licensed Health Care Providers
The Licensed Healthcare Professionals utilizing the Site are subscribers of the Site and not employees or independent contractor service providers of icannamed. Any opinions, advice, or information expressed by a Licensed Health Care Provider, health care facility, professional or specialist using or featured on the Site are of the facility and professional alone. They do not reflect the opinions of icannamed. Icannamed does not recommend or endorse any specific tests, providers, products, the use of cannabis for medical efficacy, Patient Recommendations, procedures, medications, devices, opinions, or other information that may be mentioned on the Site.
SUCH INFORMATION IS PROVIDED ON AN “AS-IS” BASIS AND ICANNAMED DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. ICANNAMED SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY SITE USER) IN RELIANCE ON INFORMATION ABOUT LICENSED HEALTH CARE PROVIDERS ON THE SITE. THE USE OF THE SITE BY ANY ENTITY OR INDIVIDUAL TO VERIFY THE CREDENTIALS OF LICENSED HEALTH CARE PROVIDERS IS PROHIBITED.
Registration; User Accounts, Passwords, and Security
You are not obligated to register with icannamed in order to access the Site. However, certain services of the Site are available only to users who have registered with icannamed or other persons affiliated with icannamed who have been granted accounts with usernames and passwords (“Secure Users”). If you are a Secure User, you agree to accurately maintain and update any information about yourself that you have provided to icannamed. If you do not maintain such information, or icannamed has reasonable grounds to suspect as much, icannamed has the right to suspend or terminate your account and your use of the Site. Only you may use your designated accounts to access the Site, and you may not use anyone else’s account at any time. With the exception of parents and legal guardians acting on behalf of minor Qualifying Patients in accordance with the laws and regulations of the respective Medical Cannabis State, you may not make any request for a Patient Recommendation on behalf of any other individual with an icannamed account or otherwise at any time. You also agree to promptly notify icannamed of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Site by emailing icannamed at email@example.com. In addition, you agree to exit from your Secure User account at the end of each session. Icannamed explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. Our Site requires users to give us unique identifiers in order to log into many areas of the Site. We utilize these unique identifiers to verify the user’s identity and eligibility, in order to protect our members from the release of sensitive or personally identifiable information to unauthorized users. To help protect the privacy of data you transmit through the Site, where personally identifiable information is requested, we also use technology designed to encrypt the information that you input before it is sent to us using Secure Sockets Layer (SSL) technology or similar encryption technology. In addition, icannamed takes steps to protect the user data we collect against unauthorized access. However, you should keep in mind that the Site and our services are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. You must exercise caution, good sense, and sound judgment in using the Site. You are prohibited from violating, or attempting to violate, the security of the Site. Any such violations may result in criminal and/or civil penalties against you. Icannamed may investigate any alleged or suspected violations and if a criminal violation is suspected whether in regards to the Site or your procurement of a Patient Recommendation, icannamed will cooperate with law enforcement agencies in their investigations.
As part of the services on the Site, icannamed facilitates your payment of certain fees to Licensed Health Care Providers. The only accepted form of payment on the Site is by certain major credit cards, or ACH transfers; cash will not be accepted. When you pay by credit card, you hereby authorize Icannamed to bill and charge the credit card indicated in your order for any fees and any other amounts provided for in your order as the same become due and payable. In the event that your credit card expires or Icannamed is otherwise unable to debit the applicable amounts from your credit card, icannamed shall provide notice to you, whereupon you shall immediately furnish Icannamed with a valid credit card for payment. Your request for services through the Site will not be fulfilled until full payment has been received and/or verified. Limited License and Site Access; All Rights Reserved
The Site contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively, “Content”). We grant you a limited license to access and make personal use of the Site, but not to download (other than for page caching) or modify it, or any portion of it, except with our express written consent. This license does not include: any resale or commercial use of the Site or the Content; any derivative use of the Site or the Content; or any use of data mining, robots, or similar data gathering and extraction tools.
This Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or proprietary information (including images, text, page layout, or form) of Icannamed without our express written consent. You may not use any meta-tags or any other “hidden text” containing our trademarks or service marks without our express written consent. We (or the respective third-party owners of Content) retain all right, title, and interest in the Site and any Content and features offered on the Site, including any and all intellectual property rights. We (or the respective third-party owners of Content) reserve all rights not expressly granted herein. Any unauthorized use terminates the foregoing licenses and permissions.
Intellectual Property Rights
Except as otherwise expressly stated, all Content appearing on the Site is the copyrighted work of Icannamed or its third-party content providers and is protected by U.S. and international copyright laws. The compilation (meaning the selection, coordination, and arrangement) of the Site is also the exclusive property of Icannamed and is protected by U.S. and international copyright laws. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Icannamed or any applicable third-party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Icannamed. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Icannamed does not warrant or represent that your use of Content or any other materials displayed on the Site will not infringe rights of third parties. Your use of any of the Content beyond the scope of personal use may require a license from the owner of the rights to the data with respect to the use of portrait right, trademark, copyright, design right, right of utilization or any other rights of the persons, products or landscape portrayed in the provided Content. Icannamed is not responsible for any claims of ownership rights to any images or data against you. You will indemnify, defend
Notice and Procedure for Making Claims of Intellectual Property Infringement
Icannamed respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and Icannamed asks our users to do the same. Icannamed therefore employs measures to prevent copyright and other intellectual property infringement on the Site. Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please send a written notification of the claimed copyright or other intellectual property infringement to the following Designated Agent: Icannamed 244 5 th Avenue A224, New York, NY 10001 Under Title 17, United States Code, Section 512(c)(3)(A), to be effective the notification must include substantially the following information: A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed; Identification of the copyrighted work or other intellectual property that you claim has been infringed, or if multiple copyrighted works or other intellectual property on the Site are covered by the notice, a representative list of such works; Identification of the material that you claim is 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 Icannamed to locate the material; Information reasonably sufficient to permit Icannamed to contact you, such as your name, address, telephone number and email address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and A statement by you that the notification is accurate, and under penalty of perjury, that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf. Do not send any inquiries unrelated to copyright or other intellectual property infringements to the contact listed above.
Ownership of Information Submitted via the Site
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the Site, and Icannamed reserves the right to change the access configuration of the Site at any time without prior notice. Prohibited Use Any use or attempted use of the Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Site, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by Icannamed to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by Icannamed, (vii) to reverse engineer, disassemble or decompile any section or technology on the Site, or (viii) any use other than the business purpose for which it was intended, is prohibited. In addition, in connection with your use of the Site, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; (b) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Icannamed representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising including but not limited to advertising the personal sale, cultivation, manufacture,or distribution of cannabis for medical or commercial use by you or by or for other individuals, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law, or those applicable state laws and regulations in your Medical Cannabis State of residence; (i) upload or transmit
Links to Third-Party Sites
Your interactions with entities or individuals found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and disclosing personal information. You agree that Icannamed shall not be responsible or liable for any loss or damage or resulting civil or criminal legal or administrative action(s) of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Site, or between users and any third party, you understand and agree that Icannamed is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Icannamed, its officers, employees, agents and successors in interest from claims, demand and damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Site or the features and services therein.
Content and other information contained on the Site is provided by Icannamed as a convenience to its Users. Users relying on Content or other information from the Site do so at their own risk. THE ICANNAMED SITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ICANNAMED TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE. ICANNAMED MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY,
UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Limitation of Liability
IN NO EVENT SHALL ICANNAMED BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, CRIMINAL CHARGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ICANNAMED ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ICANNAMED SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000. NEITHER ICANNAMED NOR ANY THIRD PARTIES MENTIONED ON THE SITE ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR CRIMINAL ACTION AGAINST YOU CAUSED BY YOUR USE OR MISUSE OF THE SITE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITE. THE POSSESSION AND USE OF CANNABIS, INCLUDING FOR MEDICAL USE, REMAIN FEDERAL CRIMES AND NEITHER ICANNAMED NOR ANY OF ITS LICENSED HEALTH CARE PROVIDERS ARE LIABLE FOR ANY CRIMINAL ARREST OR PROSECUTION YOU MAY EXPERIENCE AS A RESULT OF YOUR POSSESSION, USE, CULTIVATION, MANUFACTURE, OR DISTRIBUTION OF CANNABIS FOR MEDICAL USE OR OTHERWISE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that
Governing Law; Venue; Severability of Provisions
No Agency Relationship