Effective: June 2020
Welcome to Healthvana!
At Healthvana, Inc. (“Healthvana”), our mission is to help healthcare providers engage patients, while empowering individuals to take control of their personal health. We do this through our bi-directional patient engagement platform that makes it easy for providers to manage their populations and gives patients the tools they need to make better health decisions.
ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND HEALTHVANA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Agreement to Terms
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services
You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law.
Registration and Your Information
How the Services Work
Account holders can utilize the Services to: (i) register for visits to your Healthcare Provider; (ii) access your medical records, test results, vaccination records or other similar personal health information (collectively, “Health Information”), submitted by the Account holder or your Healthcare Provider; (iii) receive reminders, messages, education, instructions, and other information related to their Health Information or services offered by Healthcare Providers. The Services also permit Account holders to securely store their Health Information within their Account, and maintain such Health Information until termination of the Account.
By registering for an Account, you hereby grant Healthvana permission to collect and store Health Information received from you or your Healthcare Provider and maintain that information on your behalf and on behalf of your Healthcare Providers. If you elect to electronically receive Health Information from your Healthcare Providers through the Services you must consent to electronic results delivery of Health Information. You acknowledge and agree that you may have a relationship with multiple Healthcare Providers and you consent to Healthvana receiving Health Information from such multiple Healthcare Providers and storing it in a single database in order to make your Health Information available to you through the Services. If you permit us to do so or the law allows it, we may share your Health Information among your Healthcare Providers.
If you terminate your Account, you acknowledge that Healthvana may continue to retain your Health Information as required by any state or federal law regarding retention of medical records or at the request of your Healthcare Providers, in connection with the services Healthvana provides such Healthcare Providers.
You further acknowledge and agree that Healthvana will maintain your Health Information on your behalf and may retain such Health Information even if a particular Healthcare Provider’s relationship with Healthvana ends, as agreed to pursuant to a separate authorization that complies with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or, if applicable, California’s Confidentiality of Medical Information Act.
Account holders may choose to download, copy and distribute their Health Information through the Services or otherwise. You acknowledge sole responsibility for and assume all risk arising from your download, copy and distribution of such Health Information. Healthvana is not responsible for any consequences of any use or disclosure of your Health Information by you or any third parties to whom you provide your Health Information.
You acknowledge and agree that Healthvana may use your Health Information to create data that is de-identified (does not identify you) (“De-Identified Data”) or aggregated in accordance with HIPAA. Healthvana may use and share De-Identified Data for research and analysis purposes, to improve or promote the Services, and to improve health outcomes.
Content Conditions and Usage
The Services offer a snapshot of certain health information to individuals and Healthcare Providers and allows individuals and Healthcare Providers to communicate regarding certain Health Information. The Services do not, and are not intended to, provide complete medical information, a medical record or a medical history for any individual. Healthvana is not intended to, and cannot, make clinical or other decisions. For Healthcare Providers, the Services are not a substitute for consultation with patients and their other Healthcare Providers. The Services are not a substitute for Healthcare Providers’ exercise of their professional judgment. In addition, for individuals, the Services are not a substitute for consulting with your Healthcare Provider. You should always seek the advice of your Healthcare Provider with any questions you may have regarding a medical condition and you should never disregard medical advice or delay in seeking it because of something you may have read on the App or Site.
Healthvana is not responsible, or liable to you or any third party, for the content or accuracy of any Content or User Content presented through the Services. Healthvana does not warrant the accuracy, completeness or usefulness of the Content or User Content. To the extent Healthcare Providers access Content or User Content through the Services, professional judgment must be exercised regarding the use of and reliance on the Content or User Content available through the Services. Healthcare Providers should confer with their patients and with those patients’ other Healthcare Providers to ensure access to all information necessary and appropriate for treatment. Any reliance you place on the Content or User Content is strictly at your own risk. Individuals should confer with their Healthcare Providers to ensure access to all information necessary and appropriate for treatment. Healthvana disclaims all liability and responsibility arising from any reliance placed on the Content or User Content by you or any other visitor to the site or App, or by anyone who may be informed of any of its contents.
Content and Content Rights
For purposes of these Terms:
(i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and
(ii) “User Content” means any Content that you provide to be made available through the Services (including your Health Information).
Content Ownership, Responsibility and Removal
Healthvana and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You
By making any User Content available through Services you hereby grant to Healthvana a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon and distribute De-Identified Data from your User Content in connection with operating and providing the Services and Content to you.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Healthvana on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Rights in Content Granted by Healthvana
Subject to your compliance with these Terms, Healthvana grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Communications/Terms of Service for Text (SMS) Delivery of Notifications
As part of the Services we provide, you may (if enabled) receive notifications, alerts or other types of messages via text message, email or the messaging functionality provided by the Services (“Messages”). You have control over the Messages settings, and can opt in or out of these Messages (with the exception of infrequent, important service announcements and administrative messages) either through your Account or by following the unsubscribe instructions provided in the e-mail you receive. Please be aware that third party messaging fees may occur for some of the Messages depending on the message plan you have with your wireless carrier.
You are not required to consent to receive text messages or calls as a condition of using the services and may opt out of such messages. You can opt out of receiving text messages at any time through your Account settings or by responding “stop” to any text message you receive from Healthvana. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again. You can also disable or re-enable SMS messages by logging into your account and updating your settings.
If you are experiencing issues with the messaging program, you can reply with the keyword “HELP” for more assistance, or you can get help directly by contacting us through our support website at https://www.healthvana.com/contact/.
Wireless service providers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and sent to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless service provider. You agree to update your profile on Healthvana and notify your healthcare provider if your mobile number or email changes.
Rights and Terms for Apps
Rights in App Granted by Healthvana
Subject to your compliance with these Terms, Healthvana grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on any mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. The App is intended for use only on a mobile device that is running an unmodified, manufacturer-approved operating system. Using the App on a device with a modified operating system may undermine security features that are intended to protect health information from unauthorized or unintended disclosure.
You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Healthvana reserves all rights in and to the App not expressly granted to you under these Terms.
General Prohibitions and Healthvana’s Enforcement Rights
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that:
- (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- (ii) violates any applicable law or regulation or would give rise to civil liability; or
- (iii) is fraudulent, false, misleading or deceptive;
- Use, display, mirror or frame the Services or any individual element within the Services, Healthvana’s name, any Healthvana trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Healthvana’s express written consent;
- Access, tamper with, or use non-public areas of the Services, Healthvana’s computer systems, or the technical delivery systems of Healthvana’s providers;
- Attempt to probe, scan or test the vulnerability of any Healthvana system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Healthvana or any of Healthvana’s providers or any other third party (including another user) to protect the Services or Content;
- Use the Services on a mobile device with a modified operating system (for example, systems that have been modified by “jailbreaking”), which may compromise the privacy and security of your health information.
- Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Healthvana or other generally available third-party web browsers;
- Use any meta tags or other hidden text or metadata utilizing a Healthvana trademark, logo URL or product name without Healthvana’s express written consent;
- Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. You waive and hold harmless Healthvana from any claims resulting from any action taken by Healthvana during or as a result of its investigations and from any actions taken as a consequence of investigations by either Healthvana or law enforcement authorities.
Links to Third Party Websites or Resources
The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
Changes to the Services
We reserve the right to withdraw or amend the Services, and any service or material we provide as part of the Services, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or all of the Services, to users.
We will attempt to provide notice of changes to the Services that affect the operations, features and functionality of the Services.
Information About You and Your Use of the Services
Healthvana is based in the state of California. We provide the Service for use only by persons located in the United States. Access to the Services may not be legal by certain persons or in certain countries. Do not access the Services from outside the United States.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time through the Services or by sending an email to us at firstname.lastname@example.org, with “Cancel” in the subject line. Upon termination, Healthvana has no obligation to maintain, store or transfer any data that you have on the Services. However, we may retain Health Information as required by any state or federal law regarding retention of medical records or at the request of your Healthcare Providers, in connection with the services Healthvana provides such Healthcare Providers.
Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: “Feedback,” “Content and Content Rights,” “Content Ownership, Responsibility and Removal,” “Termination,” Warranty Disclaimers,” “Indemnity,” “Limitation of Liability,” “Dispute Resolution” and “General Terms.”
The Services and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
IN ADDITION, YOU UNDERSTAND THAT HEALTHVANA DOES NOT OFFER MEDICAL ADVICE OR DIAGNOSES OR ENGAGE IN THE PRACTICE OF MEDICINE. THE SERVICES ARE NOT INTENDED TO BE, AND DO NOT CONSTITUTE, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY HEALTHCARE OR RELATED DECISIONS MADE BY YOU OR YOUR HEALTHCARE PROVIDER BASED UPON DATA COLLECTED, TRANSMITTED OR DISPLAYED BY OR ON THE SERVICES, WHETHER SUCH DATA IS ACCURATE OR INACCURATE.
You will indemnify and hold harmless Healthvana and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
Limitation of Liability
NEITHER HEALTHVANA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HEALTHVANA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL HEALTHVANA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HEALTHVANA AND YOU.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
Agreement to Arbitrate
You and Healthvana agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Healthvana with written notice of your desire to do so by email or regular mail at email@example.com, (310) 205-0246, P.O. Box 480131, Los Angeles, CA 90048 within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Healthvana with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Healthvana with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Healthvana with an Arbitration Opt-out Notice, you acknowledge and agree that you and Healthvana are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Healthvana otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Healthvana otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Healthvana submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Healthvana will not seek, and hereby waives all rights it may have under applicable law to recover attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Healthvana will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Healthvana changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to www.Healthvana.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Healthvana’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Healthvana in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between Healthvana and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Healthvana and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Healthvana’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Healthvana may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Healthvana under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Healthvana’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Healthvana. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Healthvana Copyright Policy
Healthvana respects intellectual property rights and takes claims of copyright infringement seriously. All users of the Services and any other websites controlled by Healthvana are required to comply with applicable copyright laws. This website and the Services accommodate and do not interfere with copyright holders’ standard technical measures to protect intellectual property. We will take action upon infringing material, including removal of or disabling access to such material, if we have actual or constructive knowledge of infringement or if we receive notice from a copyright holder alerting us to copyright infringement.
Take-Down Notice Procedures
If you believe materials accessible on or from this website or the Services infringe your copyright, you may request removal of or denial of access to such materials by submitting written notification to our Copyright Agent designated below. Healthvana will respond promptly to any claim of infringement in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). Written notice (the “DMCA Notice”) to Healthvana must substantially include the following:
Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works in the Services or on the website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Failure to include each of these elements in your DMCA Notice as required by Section 512(c)(3) of the DMCA may constitute an ineffective notice upon which no action will be taken.
Notices and counter-notices must be sent in writing to Healthvana’s DMCA agent as follows:
Ramin Bastani (310) 205-0246, P.O. Box 480131, Los Angeles, CA 90048.
Please submit only legitimate claims for copyright infringement in your DMCA Notice. Knowingly submitting a false DMCA Notice may result in your being held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. If you are unsure whether material available in our Services or on our website infringes your copyright, you should contact an attorney before submitting a DMCA Notice.
Take-Down Notification to Alleged Infringer and Counter-Notices
If we remove or disable access to material in response to an effective DMCA Notice, we will make a good-faith attempt to contact the user who generated such material so that such user may file a counter-notification with us (a “Counter-Notice”) pursuant to Sections 512(g)(2) and (3) of the DMCA. If you are submitting a Counter-Notice, it must substantially include the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement, under penalty of perjury, that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services or our website may be found) and that you will accept service of process from the person (or an agent of that person) who provided the Website with the complaint at issue.
All Counter-Notices should be sent to our Copyright Agent. Please submit only legitimate Counter-Notices. Knowingly submitting a false Counter-Notice may result in your being held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Upon receipt of a Counter-Notice, we will promptly provide the sender of the DMCA Notice with a copy of your Counter-Notice. Then, we will replace the removed material or cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter-Notice, unless our Copyright Agent first receives notice from the sender of the DMCA Notice that such person has filed an action seeking a court order to restrain the person engaged in the allegedly infringing activity from doing so on our website.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
If you have any questions about these Terms or the Services, please contact Healthvana at email@example.com, P.O. Box 480131, Los Angeles, CA 90048.