ZIVEN TERMS AND CONDITIONS OF USE
Date of Last Revision: 02/16/2021
PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS OR ARE NOT 18 YEARS OF AGE OR OLDER, THEN YOU MUST NOT ACCESS OR USE THIS SITE OR ORDER SERVICES FROM IT.
Ziven, LLC a California limited liability company, its affiliates and its authorized agents (collectively, "Ziven," "we" or "us"), provide use of websites, website features, mobile applications, use software and subdomains controlled by Ziven (the "Site") and offer other content, functionality, and services through the Site. These Terms govern both visitors to and registered users of the Site. Visitors to and registered users of the Site, on their own behalf, and on behalf of any corporation or other legal entity that they represent or for which they access the Site (“Company”) , as well as those that use the Services shall be referred to herein as “you” or “your”.
If you fail to agree to or cannot agree to all the Terms, you may not access or use the Site.
The Site is intended to facilitate the provision of certain services to you (the “Services”), which may or may not include (i) providing you with health and wellness advice and related information, (ii) providing you with information on and/or access to pharmacy services; (iii) providing you with information regarding laboratory testing services; (iv) development and gathering of health care records and health care information for use in health care provider appointments, communications, and pharmacy services; (v) support in connection with scheduling, payment for health care provider services, and payment for pharmacy services; (vi) telehealth services, including clinical supervision and management of hormone replacement therapies, scheduled telephone conference calls relating to hormone replacement therapies as prescribed, medication management and refills for medicines prescribed for you, laboratory test interpretation for tests ordered for you, (vii) prescription services; (viii) health and wellness advice and/or (ix) telecommunications support for using the Services as a means of direct access to health care providers and similar affiliated professional entities for communication, consultations, assessments, and treatment by such health care organizations and their providers.
The Services shall not include, and explicitly exclude:
- All clinical services NOT directly related to hormone replacement therapies
- Acute, urgent, emergent, and inpatient medical care services
- Primary medical care services
- Management of prescription medications and tests not ordered by a Ziven affiliated health care provider
- Other services not typically rendered by a Ziven affiliated health care provider.
By using the Site and the Services, you agree to consult with your primary care physician provider for all medical services, including acute, urgent or emergent medical care and the Services provided by a Ziven affiliated health care provider.
AGREEMENT TO ACCESS AND USE
By accessing and using this Site, you agree to use the Site only for lawful purposes and in accordance with these Terms including:
When you access the Site, you represent and confirm: (i) that you are 18 years of age or older, (ii) resident of a state of the United States of America that lawfully allows the service and offered by Ziven and you are accessing the Site from an IP address in one of those states, (iii) that you are using the Site in your own name and on your own behalf and not on behalf of anyone else (or, if accessing the Site on behalf of a Company, only for your Company's own internal use); (iv) that you will not allow any other person to use the Site under your name, nor will you use the Site and pretend you are someone else, or otherwise seek to disguise your identity; and (v) that you are only using the Site and the Services for your own benefit and not for the purposes of providing the Services to others. If you provide any information that is untrue, inaccurate, non-current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, in addition to any other rights we may have, we may terminate or refuse any and all current or future access or use of the Site (or any portion thereof).
- If you set up an account with us (an “Account”), you agree to provide contact information that can be used to contact you in relation to your use of the Site, your orders, or the Services. It is important that the information you provide us with are correct, accurate and complete and that you promptly update your Account information for any changes to this information. We will not be liable, and you expressly waive any claim or demand, for any loss or damage caused to you as a result of a failure or omission by you to provide accurate and suitable contact information at all times.
- In order to use the Services, you must set up an Account with Ziven by creating a username and password. We reserve the right to take all actions necessary to ensure the security of the Site and your Account, including without limitation changing your password, terminating your Account, or requesting additional information to authorize transactions on your Account. You are solely responsible for keeping your password and any security questions and responses associated with your Account confidential. Anyone with knowledge of or access to your password or the security questions and responses associated with your Account can use that information to gain access to your Account. You are solely liable for any claims, damages, losses, costs or other liabilities resulting from or caused by any failure to keep your password and the security questions and responses confidential, whether such failure occurs with or without your knowledge or consent. You will immediately notify us of any suspected or actual unauthorized access to or use of your password or any other breach of your Account security.
- You are also responsible for: (i) all transactions or activities carried out using your Account and password; and (ii) ensuring that when you access the Account that the system you use to access the Account is secure, is not left unattended unless you have fully exited the Account and that your password is not retrievable from the system by others.
- You are responsible for notifying us if you know or suspect that your Account or password might be known to a third party. We will not be liable for any loss or damage that you may suffer as a result of your failure or omission to do so. We will have no liability to you or to any third party if any communication by us to you, using contact information provided by you or via your Account, is seen, received or accessible by any third party.
- By using the Site, you acknowledge that the transmission of data over the internet can never be completely secure and you accept the risk that others may be able to read or intercept any information, text, graphics you submit or send to or through the Site. This includes transmissions that are identified as secure or encrypted, and may include laboratory test information.
- You agree that access to the Site is permitted on a temporary basis. We may, temporarily or permanently, limit, suspend, or cancel your use or access to the Site, or any part of it, at any time if we determine that you have or are about to violate these Terms.
- You are responsible for making all arrangements necessary for you to have access or use of the Site and for ensuring that your device and computer software meets the minimum specifications and is configured correctly. You should use your own virus protection and firewall software.
- You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
- You understand and agree that even if you satisfy the above requirements, there is no guarantee that you will receive Services from Ziven. In addition to the above requirements, Ziven reserves the right to change or include new, amended or additional requirements as deemed appropriate in Ziven’s sole discretion without providing prior notice to you.
- You agree that you are responsible for any and all fees and charges that may apply to your use of the mobile services and to the internet to access our Site.
When you use the Site, or send e-mails, text messages, and other communications from your computer desktop or mobile device to us, you are communicating electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site and you can retain copies of these communications for your records. 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.
SITE DOES NOT PROVIDE MEDICAL SERVICES OR ADVICE
The information contained on the Site is for general information and guidance only and is not a substitute for professional medical advice. Neither the Site nor any laboratory test information, constitute medical advice or medical services and you should always seek the advice of your physician or other licensed healthcare professional with any questions you may have regarding any laboratory test information or status of your health.
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL 911 AND YOUR HEALTHCARE PROVIDER. ELECTRONIC COMMUNICATION IS NOT APPROPRIATE FOR ALL HEALTH ISSUES, ESPECIALLY THOSE OF AN URGENT NATURE, AND ZIVEN MAKES NO GUARANTEE OF ANY PARTICULAR RESPONSE TIME TO AN INQUIRY YOU MAY MAKE. ACCORDINGLY, IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD NOT RELY ON THIS WEBSITE FOR EMERGENCY OR URGENT ASSISTANCE OR ANY OTHER MEDICAL ASSISTANCE THAT IS TIME SENSITIVE IN ANY MANNER.
You agree and consent to Ziven sending you disclosures, notices, messages, reports, and other communications relating to your health information. It is your responsibility to look for and read these communications carefully. You acknowledge and agree that you will not hold us or any Ziven affiliate liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or for your failure to comply with any recommendations contained in these communications.
Although Ziven does not provide medical advice, the Services involve medical information that is transmitted to persons using electronic communications, information technology, telephone services or other means. The Services may include, without limitation:
Electronic transmission of medical records, photo images, personal health information, or other data between you and Ziven;
Interactions between a patient and a Ziven representative via audio, video, and/or data communications;
Use of output data from medical devices, sound, and video files.
The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.
In the event a Ziven affiliated health care provider provides, as a Service, health or wellness advice or treatment to you, be aware that the health care provider consulting with you may lack information that could be obtained by an in person examination and observing your physical condition. Therefore, the health care provider may not be aware of facts that may affect his or her opinion regarding a potential diagnosis or treatment and wellness advice or suggestions. Therefore, Ziven strongly encourages you to provide all relevant information and discuss any and all diagnosis and treatment options with an in person health care provider. Moreover, a Ziven affiliated health care provider may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination.
By utilizing our Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) any health or wellness advice or diagnosis you may receive is limited and, in some cases, provisional; (ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a health care provider; (iii) a health care provider acting through the Services may not have important information that is usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical examination may affect the health care provider’s ability to diagnose any potential condition, disease or injury.
INFORMED CONSENT TO HORMONE REPLACEMENT RISKS AND SIDE EFFECTS
By using the Site and the Services:
- you certify and agree that you have been given the opportunity to ask any and all questions you may have concerning proposed treatments, and you received all requested information and all questions were answered.
- you fully understand that you have the right to not consent to hormone replacement therapy.
- you believe you have adequate knowledge upon which to base an informed consent.
- you attest to reading and fully understanding these terms and conditions, and discussing these procedures with your primary care physician and consent to treatments prescribed for you by a Ziven affiliated health care provider.
- you hereby consent to the provision of hormone replacement therapies and you have been fully informed, and you are satisfied with your understanding, that this treatment may be viewed by the medical community as new, controversial, and unnecessary by the Food and Drug Administration.
- you understand that your healthcare provider cannot guarantee any health benefits or that there will be no harm from the use of hormone replacement therapy.
By using the Site and the Services, you represent that you understand that some of the following risks/adverse reactions are derived from the official Food and Drug Administration “FDA” labeling requirements for hormone replacement drugs, for therapeutic drug levels in the blood stream. A Ziven affiliated health care provider may prescribe these medications at dosages designed to achieve physiologic levels of hormones in your bloodstream or urine generally associated with those of a 20-35 year-old person and would be within the “normal” or “average” blood concentrations of that age group.
By using the Site and the Services, you represent that you understand the following:
- that the general risks of a proposed therapy prescribed by a Ziven affiliated health care provider may include, but are not limited to, bruising, soreness or pain, and possible infection for hormones administered by injection or pellet implants.
- that there are risks (both known and unknown) to any medical procedure, treatment and therapy, and that it is not possible to guarantee or give assurance of a successful result. you acknowledge and accept these known and unknown general risks.
- that testosterone is a prescription hormone, administered by injection, pellet implants, transdermal cream or patch.
- that risks of testosterone replacement include, but are not limited to stimulation of benign and malignant prostate tumors, that testosterone replacement is contraindicated in patients with known prostate cancer, and that it is not known whether testosterone replacement therapy will increase the risk for prostate cancer.
- that the FDA requires manufacturers to add a caution to the warning label that testosterone could increase the risk of heart attack and blood clots in veins, and could increase the risk of deep vein thrombosis and pulmonary embolism; and that the drugs are only approved to treat low testosterone levels caused by injury or disease.
- that side effects of testosterone replacement may include, but are not limited to an abnormal increase in the number of red blood cells, determined by periodic measuring of your blood.
- that male pattern baldness, gynecomastia (breast enlargement), diminished sperm production (infertility) and a reduction in the size of the testicles (testicular atrophy) may develop in men.
- that testosterone replacement may reduce insulin requirements in insulin-dependent diabetics.
- that older male patients may be at a slightly increased risk for the development of prostate enlargement when replacing testosterone.
- that the concurrent use of testosterone with corticosteroids may enhance edema (fluid retention) formation.
- that edema may be a complication with testosterone replacement in patients with pre-existing cardiac, renal, or hepatic disease.
- that sleep apnea may by worsened by testosterone replacement.
- that the most common immediate side effects (occurring in approximately no more than 6% of users) include, but are not limited to: acne, application site, a reaction (rash, itching, or irritation), headache, hypertension (high blood pressure), abnormal liver function tests, and non-cancerous prostate disorder, greasy hair and skin, a strong body odor, and aggressiveness.
- that testosterone replacement therapy in females is considered an off-label application by the FDA.
- that discontinuation of testosterone replacement therapy should be considered for a period of 1-2 weeks postoperatively.
- that transdermal testosterone cream can be transmitted by direct contact and that you are aware of the potential harm of transference to others and how to avoid transference to others.
By using the Site and Services, you agree to comply with the proposed treatment and therapy as prescribed by a Ziven affiliated healthcare provider, including the fact that you may be responsible for injecting, taking by mouth, applying to your skin, or administrating the hormone(s) that may be prescribed to you, and you consent to periodic monitoring, when requested, which may include laboratory monitoring of blood, saliva or urine chemistries and hormone levels, physical examinations, regular screening evaluations.
By using the Site and Services, you agree to notify Ziven regarding all signs or symptoms of possible reactions to your therapy and to comply with all other healthy lifestyle activities that have been individually recommended for you.
By using the Site and Services, you agree that you have completely disclosed to your Ziven affiliated health care provider your medical history, including prescription and non-prescription medications that you are currently taking or plan to take during your treatment, as well as any other over-the-counter, medications, recreational drugs or social substances, herbs, extracts, and other dietary supplements to you.
By using the Site and Services, you agree to comply with the recommendations regarding the continuation or discontinuation of prescriptions.
By using the Site and Services, you agree in the future, that you will receive recommendations in advance from to your Ziven affiliated healthcare provider before stopping any prescribed therapeutic regimens or taking additional preparations that are not recommended by you.
By using the Site and Services, you certify that you are under the care of a physician(s) for any and all medical conditions.
Unless being submitted through private health insurance (“Insurance Company”) for payment, you agree to pay all fees due for Services requested by you. By entering your payment information and submitting your request for Services, you authorize us, our affiliates, or our third-party payment processors to charge the amount due.
You understand and agree that you are responsible for all fees due to receive the Services, health and wellness services, laboratory services and/or pharmacy services, if any. Your payments to Ziven may include fees charged by health care organization(s) or provider(s) for health and wellness services, laboratory services and/or pharmacy services, which Ziven collects on their behalf. Any health and wellness services, laboratory services and/or pharmacy services not made available through the Services are not included in the payments collected by Ziven and you may be separately charged by the applicable health care providers for such services. In the event that your credit card expires or Ziven, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. Ziven and/or the health care organization(s) and/or provider(s) have no obligation to provide any health and wellness services, laboratory services and/or pharmacy services unless and until full payment has been received and/or verified.
In the event the Services are being submitted for payment by an Insurance Company, you agree to assist Ziven in any way necessary, including promptly providing all information requested by the Ziven or the Insurance Company, to submit a claim for payment to the Insurance Company. In the event you fail to provide the information or assistance necessary to secure payment for the services from your Insurance Company, or if your Insurance Company denies our claim for payment for the Services, you shall be responsible for all fees due for the Services.
MEDICARE AND MEDICAID BENEFICIARIES
Ziven makes no representations whether federal nor state health care programs currently pay for any of the Services or for services performed or products offered by affiliated health care organizations or providers, at least not in the way such services are provided (i.e., using telemedicine). By agreeing to use the Services, you acknowledge and agree that: (1) you will pay directly for any Services or medical services and products provided to you, and (2) neither Ziven nor any Ziven affiliated health care organization or provider will bill any federal or state health care program for the Services.
INTELLECTUAL PROPERTY RIGHTS
You understand and agree that we own or, where applicable, have lawfully licensed from third parties, all right, title and interest in and to the Site and all of the content in the Site, including text, graphics, user interfaces, visual interfaces, illustrations, photographs, trademarks, logos and computer code, the design, structure, arrangement, selection, coordination, expression, and 'look and feel' of the Site, and features and functionality and material published on the Site except where noted as third party content (collectively, the “Content”). You acknowledge and agree that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws and treaties of the United States and other countries. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress and trade secrets, and all such rights are the property of Ziven or its licensors and content providers.
Your use of the Site and the Content does not grant you any rights in relation to the Content and that you acquire no ownership interest by accessing or using the Site or the Content, as all such rights are reserved to the relevant owner or licensee of those works. While your use of the Site and the Content does not grant you any rights in relation to the Content, you your use the Site and Content as follows:
Subject your compliance with the Terms and all applicable laws, rules, and regulations, we grant you a limited, revocable, non-exclusive, non-transferrable, non-sublicensable right and license to use the Site solely to access and use the Site and Services for your personal, non-commercial use only and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.
You must not alter, reproduce, sell, disseminate, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the material on our Site except as follows:
You may print or download a copy of the Website pages for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement as applicable for such applications.
You must always provide appropriate attribution (and that of any identified contributors) as the authors of material on our Site.
In addition to any other limitations, you may not:
Alter copies of any materials from this Site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or modify any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.
Modify any paper or digital copies of any materials you have printed off or downloaded in any way.
You are expressly prohibited from accessing or using any part of the Site or any Services, or other materials available through the Site for any commercial purposes. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate intellectual property and other laws. We reserve the right to investigate any suspected or actual improper, illegal, or unauthorized use of the Content or the Site (or any portion of them) and we reserve the right to take appropriate legal action as necessary to protect our rights.
This section will survive any termination of these Terms.
OWNERSHIP OF INFORMATION
Such information may be used for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting. Ziven shall be free to use any ideas, know-how, or techniques contained in any communication you send to Ziven through means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.
Subject to the foregoing exception and to the extent permitted by law, you agree that for any personal information provided by you: (1) any such information may be used, copied or displayed by Ziven, derivative works of any such data may be created by Ziven, and such data may be provide by Ziven to our service providers, our successors and assigns, and affiliated health care providers, and their affiliated professional entities, in performance of their services; and (2) Ziven, our service providers, our successors and assigns, and affiliated health care providers, and their affiliated professional entities, are granted fully transferable and sub-licenseable rights and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any data or information you submit on or through the Site for the purposes of providing services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying and/or improving new, current or future features, products and services of Ziven using such data.
This section will survive any termination of these Terms.
While accessing and using this Site, you agree that you will not use the Site, Services or Content for any use other than the business purpose for which it was intended. You will not, or permit any third party to, take any of the following actions with respect to the Site, Services, or Content (collectively, the "Materials”) or the server hosting the Site nor will you use our Materials to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content or use the Materials in any manner that: (i) decompiles, uses reverse engineering, disassembles, derives the source code of or decrypts the Site or server hosting the Site; (ii) uses any robot, spider, scraper or other automatic or manual means to access the Site or copies any content or information on the Site; (iii) removes, obscures, or alters any proprietary notices (including any notice of copyright or trademark) of us or our affiliates, partners, suppliers or our licensors; (iv) modifies, adapts, improves, enhances or makes any derivative work from the Materials; (v) infringes the copyright, trademark or any proprietary rights; (vi) compiles, uses, downloads or otherwise copies the Site or any user information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) the Site or such information to any third party; (vii) is fraudulent, malicious or unlawful, unauthorized or contains defamatory or illegal information, images, materials or descriptions; (viii) promotes or provides instructions for illegal activities; (iv) encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (x) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware; (xi) attempts 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; (xii) accesses systems, data or information that we do not intend to be made accessible to you; or (xiii) use meta tags or any other hidden text using our name without our written consent, link or attempt to link the Site with other sites or Services, or use meta tags or other devices containing any reference to us in order to direct a person to any other site of Services.
You agree that the app, if any, provided by Ziven is only intended for use on a mobile phone that runs an unmodified, manufacturer-approved operating system. Using the App on a mobile phone with a modified operating system may undermine security features that are intended to protect your protected health information from unauthorized or unintended disclosure. As a result, you may compromise your protected health information if you use the App on a mobile phone that has been modified. Use of the App on a mobile phone with a modified operating system is a material breach of these Terms
DISCLAIMERS AND NO WARRANTIES
THE SITE AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. ZIVEN MAKES MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES AND SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITES OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
TO THE FULLEST EXTENT OF APPLICABLE LAW, ZIVEN AND ITS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SITES. FURTHERMORE, ZIVEN DOES NOT GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND ZIVEN DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SITE OR SERVICES ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.
WE DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING ANTI-VIRUS AND OTHER SUFFICIENT PROTECTIONS. WE ARE NOT LIABLE FOR THE CONDUCT OF ANY OTHER USER OF THE SITE.
THIS SECTION WILL SURVIVE ANY TERMINATION OF THESE TERMS.
The disclaimers, exclusions and limitation of liability under these Terms will not apply to the extent prohibited by applicable law. Nothing in these Terms shall attempt to exclude or limit liability that cannot be limited or excluded under applicable law.
SUBJECT TO THE PRECEDING PARAGRAPH, ZIVEN AND ITS AGENTS AND AFFILIATES SHALL NOT, AND YOU AGREE THAT ZIVEN AND ITS AGENTS AND AFFILIATES SHALL NOT, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF REPUTATION, LOSS OF PROFITS, OR ANY LOSSES INCURRED BY ANY THIRD PARTY, ARISING FROM OR RELATING TO THE USE OF THE SITE AND/OR THE SERVICES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Subject to the first paragraph of this 'Liability Limitations', the total cumulative liability of Ziven or its agents or affiliates arising from or in relation to the use of the Site and/or Services, including any liability for the prescription or use of hormone replacement therapies, at law or in equity, shall not exceed 100% of the amount paid by you for the Services.
You hereby waive and release any claims, demands or suits for any alleged breach of any provision of these Terms by us caused by your failure to observe any of your obligations or undertakings contained within these Terms or for your failure to precisely follow all health care instructions or advice. Under no circumstances shall we, our affiliates, or our licensors, services providers, employees, agents, officers, or directors be liable for any loss, damage, liability or expense incurred or suffered that is claimed to have resulted from the use of or inability to use this Site, any websites connected to it, or the Services or Content including, without limitation, any fault, error, omission, from the content or interruption or delay or non-availability of the Site.
The use of this Site and/or the Services is at the user's sole and exclusive risk.
To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
The provisions of this Liability Limitation section shall survive the termination of the Terms.
RESERVATION OF RIGHTS
This section will survive any termination of these Terms.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD ZIVEN AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, ATTORNEYS, PARTNERS, HEALTH CARE PROVIDERS, LABORATORY TESTING PROVIDERS AND LICENSORS HARMLESS FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LOSSES, CLAIMS, PROCEEDINGS, DEMANDS, EXPENSES, DAMAGES, SETTLEMENTS, JUDGMENTS, INJURIES, LIABILITIES, OBLIGATIONS, RISKS, AND COSTS, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, DUE TO, RELATING TO, OR ARISING OUT OF: (I) YOUR USE OF THE SITE, THE CONTENT, AND/OR SERVICES; (II) YOUR VIOLATION OF THESE TERMS; (III) ANY INFORMATION YOU PROVIDE; (IV) YOUR NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT; (V) YOUR ACCOUNT; AND/OR (VI) YOUR VIOLATION OF ANY LAW OR REGULATION OR ANY RIGHTS OF ANOTHER. WE RESERVE THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER WHICH YOU ARE REQUIRED TO INDEMNIFY AGAINST, AND YOU AGREE TO COOPERATE IN OUR DEFENSE OF SUCH MATTER.
THIS INDEMNIFICATION WILL SURVIVE ANY TERMINATION OF THESE TERMS.
LINKS TO OTHER SITES OR INFORMATION
We are providing these links to other Internet sites as a convenience to you, and access to any other Internet sites linked to the Site is at your own risk. We are under no obligation to maintain any link on the Site and we may remove a link at any time in our sole discretion for any reason whatsoever. We will not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website or for any action you may take as a result of linking to any such website.
JURISDICTION, VENUE AND CHOICE OF LAW
The construction, interpretation and application of these Terms, shall be governed by the laws of the State of California, without consideration of choice of law provisions. Subject to the next paragraph, you agree to submit to the exclusive jurisdiction of the state of California, in respect of any dispute arising out of or in connection with these Terms and sole venue for any dispute hereunder shall be brought in the district courts for Los Angeles County. You expressly waive the right to a trial by jury.
This section will survive any termination of these Terms.
Ziven strives to ensure the Site is accessible at all times. However, Ziven accepts no responsibility for the Site or the Services being inaccessible or unavailable at any time. We aim to ensure that the Site is accurate at the time of publication, however, the Site or its features may change without notice and we may withdraw or amend the Site (or any part of it) or add or remove any features without notice.
These Terms (including any additional terms that we may provide when you engage with a feature of the Site), are the only agreement between you and us regarding the Site and supersede all previous agreements, promises, representations, warranties and understandings between you and us regarding the Site. You agree that no verbal representations have been made or relied upon.
WAIVER AND SEVERABILITY
Failure or delay by us to enforce any of these Terms will not constitute a waiver of our rights against you and does not affect our right to require further performance thereof. If any part of these Terms becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms will remain in full force and effect.
This section will survive any termination of these Terms.
By visiting the Site or sending us e-mails, you are consenting to receive communications from us electronically. We will communicate with you by e-mail at the address we have on file for you (if any), sending you messages through the mobile application we provide, 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 any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.
You agree to send all notices required or permitted under these Terms to us and that such notices will be in writing and sent by certified mail, return receipt requested, or by hand delivery, provided that we may provide written notice to you through electronic communications as described in the paragraph immediately above. The notice address for Ziven is 101 S. Topanga Blvd #517, Topanga, CA 90290-9998. Any notice sent in the manner sent forth above shall be deemed sufficiently given for all purposes upon actual receipt by us. We may change our notice address by giving written notice to you by the means specified in this Section.
ASSIGNMENT RIGHTS AND RESTRICTIONS
Ziven may assign these Terms or any part of them without restriction or condition. You may not assign or otherwise transfer these Term or your rights under these Terms without our prior written consent, which consent may be unreasonably withheld and any assignment in violation of this prohibition will be null and void.
This section will survive any termination of these Terms.
RELATIONSHIP BETWEEN YOU AND ZIVEN
No fiduciary relationship exists between you and us. Neither these Terms nor your purchase or use of any Services or our Content create any relationship of principal and agent, partnership, joint venture, or employer and employee, between you and us.
SITE MONITORING AND AMENDING
The Terms will remain in full force and effect as long as you continue to access or use the Site or Services. Your permission to use the Site and Services automatically terminates if you violate these Terms or as otherwise provided herein.
Ziven may also terminate the rights granted by these Terms and your access to and use of the Site or Services with or without prior notice, for any reason, and at any time. In addition to those provisions that so provide, the following provisions expressly survive the expiration or termination of these Terms for any reason whatsoever: Disclaimers and No Warranties; Liability Limitations; Indemnification; Jurisdiction, Venue and Choice of Law, Waiver and Severability; and Assignment.
Subject to applicable law, Ziven reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, Ziven will have no further obligation to provide the Services, except to the extent an affiliated professional entity is obligated to provide you access to your health records or is required to provide you with continuing care under applicable legal, ethical and professional obligations to you. You agree that if your use of the Services is terminated pursuant to these Terms, you will not attempt to use the Services in any way, and further agree that if you violate this restriction after such termination, you will indemnify and hold Ziven harmless from any and all liability that Ziven may incur therefore.
DIGITAL MILLENNIUM COPYRIGHT ACT
Ziven reserves the right to remove any content or any other material or information available on or through our Site, at any time, for any reason. Ziven otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with Ziven.
If you have objections to copyrighted content or material made available on or through our Site, you may submit a notification the following address:
101 S. Topanga Blvd #517, Topanga, CA 90290-9998
Any notification to Ziven under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
- An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- An identification of the content or material that you claim is infringing and where it is located on our Site;
- Information sufficient for Ziven to contact you, such as your address, telephone number, and/or email address;
- A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you have any concerns about material which appears on our Site, please contact us at 101 S. Topanga Blvd #517, Topanga, CA 90290-9998.