Terms of Service

Effective as of September 12, 2014

Overview of TOS and Conditions of Use

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 dual-sided patient engagement platform that makes it easy for providers to manage their populations and gives patients all the tools they need to make better health decisions.

The following terms constitute an agreement (the "Agreement") between you and Healthvana, and govern your access to and use of the services, websites, applications (including mobile applications) and messaging services made available by Healthvana (together, the "Service"). This Agreement governs your use of the Service whether as a casual visitor, recipient of information or as a registered user as described below.

We reserve the right to modify this Agreement at any time, and without prior notice, by posting an amended Agreement on our website (www.healthvana.com). We encourage you to review this policy periodically for any updates. The most recent revision date is at the top of this web page.

THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICE.

How the Healthvana Service Works

Healthvana serves healthcare providers and individual patients (collectively, our "Users"). Providers use the Service to engage their patient populations and improve clinical efficiency. Through direct integrations and partnerships with healthcare providers (the "Partnerships"), Healthvana allows patients to utilize the Service to acquire their medical records, test results, vaccination records or other similar personal health information (the "Records"), and securely store the Records within their private Healthvana accounts. Healthvana then enables patients to privately and securely share their Records, although sharing is not required.

All patients who elect to electronically receive Records through a Partnership must consent to electronic results delivery of protected health information. An example of Healthvana's Electronic Results Delivery Consent Form is posted on our website (www.healthvana.com).

In the event that Healthvana does not have a Partnership with a provider, we allow patients to retroactively request their Records from certain healthcare providers. In such instances, patients use the Service to complete a valid authorization for disclosure of medical information pursuant to HIPAA (the "Request"), which patients then fax to their provider via the Service. The provider fulfills the patient's Request and faxes the patient's Records directly into the patient's secure account. When Records are received into a patient's Healthvana account, Healthvana reviews the Records and inputs into Healthvana's database the information contained within the Records, including, without limitation, the date of a specific test or vaccination, whether a test was positive or negative, any values associated with the test or vaccination, and/or the date of administration of a specific test or vaccination.

By registering for the Service and completing a Request, you hereby grant Healthvana permission to do the following on your behalf: a) send your Request to your provider; b) add comments regarding your Request to the coversheet of your Request; c) attach additional documentation to your Request to remind your provider of its legal obligation to release patient Records under HIPAA; d) send follow-up Requests in the event that your provider does not respond to your initial Request; e) directly contact you or your provider regarding your Request; and f) send information to you via email regarding your Records and/or Request.

No Health Assurances

Healthvana helps people make better health decisions; however, we make no health assurances. Even if a patient was recently tested or vaccinated and the patient's Records shows that he or she is negative and/or vaccinated for a particular disease or infection, that individual may have one or more STDs for a variety of reasons, including but not limited to the following:

  • the patient has become infected with an STD since last being tested;
  • an STD was too early in its development to be revealed by the test (i.e., the test was administered during a so-called window period);
  • the test was administered improperly and the results are incorrect;
  • the test result was a false positive or a false negative;
  • the patient may have an STD for which the patient was not tested or was not delivered as part of the patient's Records; or
  • the patient may have a disease or infection that is currently not supported by the Service.

Availability of Records via the Service merely indicates that as of a certain period of time (exact date is not given), a provider delivered a patient's Records via Healthvana. Although Healthvana takes reasonable measures to verify patient identity, we cannot guarantee that patients are who they claim to be. Moreover, Healthvana does not attest to the accuracy of the Records delivered by providers. If a patient's Records are false or inaccurate, Healthvana cannot be held responsible or liable to recipients of (or any other party relying on) such Records.

The Service Does Not Provide Medical Advice

All of the materials provided by the Service are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified healthcare professionals with respect to any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read on the Service.

Acceptable and Lawful Use of Service by Users

To the extent that the Service allows Users, including registered Users, to share, post or display user-generated content, Users shall not post or upload any information or other content on the Service that is (a) false, inaccurate or misleading; (b) obscene or indecent; (c) infringing on any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) defamatory, libelous, threatening, abusive, hateful, or contains pornography. Users shall not interfere with other Users' use and enjoyment of the Service (e.g., by harassing, threatening, soliciting, overly promoting personal interests, or stalking another participant of a chat room, forum, seminar, or threaded message, including the use of expressions of bigotry, racism, hatred, or profanity). Users may not use the Service to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.

All Users represent and warrant that the information they provide when registering as a User, and all information and documentation (including the Request) that they subsequently provide regarding themselves, is true and accurate and not misleading. Users shall not submit any falsified Records.

Copyright Policy

Healthvana respects the intellectual property rights of others and expects Users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:

Healthvana, Inc.
Attn: Copyright Agent
P.O. Box 480131
Los Angeles, CA 90048
Email: info@Healthvana

If notifying our Copyright Agent of alleged copyright infringement via email, please write "Copyright" in the subject line. We reserve the right to remove content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, Healthvana will also terminate a User's account if the User is determined to be a repeat infringer.

No Interference with Operation of Service

You may not use any so-called robot, spider, scraper, or other automated means to access the Service or content or services provided on the Service for any purposes. You may not post content on the Service that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, or data. You shall not attempt to make the Service unavailable through denial-of-service attacks or similar means. You shall not use contact information provided by Users, or collect information about our Users, to facilitate the sending of unsolicited bulk communications such as spam or allow others to use your registered user account to take such actions.

Service for Non-Commercial Use Only

The Service content is for the personal use of individual registered Users only and may not be used in connection with any commercial endeavors. Except for those healthcare providers with which we have a Partnership, organizations, companies, and/or businesses may not become registered Users and should not use the Service without express consent from Healthvana. Service Users with individual commercial interests may not solicit or overtly promote their products or services within the Service. No content shared within the Service may be shared by Users anywhere but on the Service.

Privacy

You agree that you have read, understood and accept Healthvana's Privacy Policy. This policy explains Healthvana's collection of personal and non-personal information from Users when registering at or using the Service and its use of and sharing of such personal and non-personal information.

Healthvana is not responsible for your handling, sharing, re-sharing and/or distribution of your Records. Moreover, if you forward your Records, send them electronically to another person or request that Healthvana forward them electronically to another person, Healthvana is not responsible for any harm or other consequences from third parties using or re-sharing your Records.

Registration Eligibility

Children under the age of 13 are prohibited from registering as site Users. By registering as a User, you represent that you are age 13 or older. Please note that certain of our healthcare provider partners may have more stringent age restrictions when it comes to having their patients register for the Service.

Usernames and Passwords

You agree to maintain the confidentiality of your Healthvana account username and password, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your username and password information to another person, provide any untrue or inaccurate information, or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we may suspend or terminate your account and refuse all current and future use of the Service by you. Account information and certain other information about you are subject to the terms of our Privacy Policy. You agree to immediately notify Healthvana in writing via email to info@Healthvana with "Unauthorized Use" in the subject line, of any unauthorized use of your username or password or any other breach of security.

Links to Other Websites

The Service may contain links to other websites that are not under the control of Healthvana. The inclusion of any link is not an endorsement by Healthvana of such site and Healthvana is not responsible for the content of any such linked sites.

Our Rights

We may elect to electronically monitor areas of our Service. We are not responsible for screening, policing, editing, or monitoring content on the Service posted by anyone other than our employees, agents and contractors. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, we may investigate the allegation and determine, in our sole discretion, whether to remove or request the removal of such content from the Service. We may terminate your access, or suspend your access to all or part of our Service, without notice, for any conduct that we believe, in our sole discretion, is in violation of any applicable law or is harmful to us, our interests or the interests of another party, including without limitation a User of the Service.

Registered User and Service Access Termination

This Agreement is effective until terminated by either party. If you no longer agree to be bound by this Agreement, you must cease your use of the Service by deactivating your account from your account page of the Service.

Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Service with or without notice. You agree that Healthvana may, with or without cause, immediately terminate your Healthvana User registration or limit or terminate your access to the Service without prior notice. Without limiting the foregoing, the following may lead to a termination by Healthvana of a User's registration and use of the Service: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity.

Healthvana has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Service, or requested or arranged to be sent to us for storing or posting.

You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or our Service. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to our Service.

Modifications to this Agreement

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Service. We encourage you to review this Agreement periodically for any updates or changes, which will have an update effective date.

Fees

There is no fee for patients to use the Service at this time; however, we reserve the right to charge a fee for patients to use certain portions of the Service which now exist or may come into existence at a later point in time.

Disclaimer of Warranties

The Service is provided for your use on an "as is," "as available" basis. We, along with our affiliates, officers, directors, employees, subsidiaries, agents, partners, contributors, third-party content providers, merchants, sponsors, licensors, or the like (collectively, the "Associates"), do not make any representations or warranties of any kind, express or implied, with respect to our Service or its content, including, without limitation, the services or information offered, and the uninterrupted or error-free use of our Service. We expressly disclaim all such representations and warranties, including, without limitation, all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement to the fullest extent permitted by law. We do not warrant that the Service or files available on the Service will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral advice or written information provided by us or our Associates shall create a warranty of any kind. Your use of the Service and any website linked to our Service is expressly at your own risk.

All information contained on our Service, including information relating to medical and health conditions, medical tests, products and treatments, is for informational purposes only, and not medical advice. Such information is not meant to be a substitute for the advice provided by your physician or other medical professional(s) or for any information contained on or in any product packaging or labels. You should not use the information contained on the Service for the diagnosis of a health problem or the prescription of medication.

Further, we explicitly disclaim any responsibility for any product, information or service or the accuracy, content, or availability of information found on other websites that contain links to or from our Service. Because some websites employ automated search results or otherwise link you to websites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party websites, and you hereby irrevocably waive any claim against us with respect to such websites.

Limitation of Liability

Under no circumstances shall Healthvana or its Associates be liable for any indirect, incidental, special, or consequential damages (even if it has been advised of the possibility of such damages) due to your use of this Service or due to your reliance on the Healthvana Service or any of the content at the Service.

Indemnification

You agree to indemnify and hold harmless Healthvana and its Associates from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.

AS A USER, IT IS YOUR SOLE RESPONSIBILITY TO CHECK PATIENT RECORDS AND CONFIRM THAT THE RECORDS CONTAINED WITHIN HEALTHVANA MATCH THE RECORDS DELIVERED BY THE PROVIDER. BY REGISTERING FOR THE SERVICE, WHETHER AS A PATIENT OR PROVIDER, YOU HEREBY AGREE TO CONFIRM PATIENT RECORDS WHEN SENDING OR RECEIVING SUCH RECORDS. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS HEALTHVANA AND ITS ASSOCIATES FROM ANY LIABILITY IN THE EVENT THAT A PATIENT'S RECORDS DO NOT MATCH THE RECORDS DELIVERED BY THE HEALTHCARE PROVIDER.

If you have any reason to believe that your a patients Records are incorrect, please contact us immediately by email at info@Healthvana and write "Incorrect Records" in the subject line.

International Users

Healthvana makes no claims that information on the Service is appropriate or may be used outside of the United States. Personal information that is submitted to this Service will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our Privacy Policy. U.S. law may not provide the degree of protection for personal information that is available in other countries.

User Notices

If you register for the Service, you agree that Healthvana may send notices to you about the Service by email or text message at the email address and phone number you provide when registering (or which you later update using the functionality of the Service).

Governing Law and Venue

This Agreement and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with the Service will be brought solely in Los Angeles County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Miscellaneous Terms

Healthvana™ and the Healthvana logos are trademarks of Healthvana. You agree not to display or use these trademarks in any manner without Healthvana's prior written permission.

Healthvana may assign this Agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this Agreement.

This Agreement is the entire and exclusive agreement between Healthvana and you regarding the Service (excluding any services for which you have a separate agreement with Healthvana that is explicitly in addition or in place of this Agreement), and this Agreement supersedes and replaces any prior agreements between Healthvana and you regarding the Service.

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

For any questions or comments, or to report violations of this agreement, please email us at info@healthvana.com and put "Terms of Service" in the subject line, or contact us at:

Healthvana, Inc.
Post Office Box 480131
Los Angeles, CA 90048
(310) 205-0246