Last revised: May 7th, 2020
- Privacy Practices
- Services Provided – No Nutrition Care or Advice by Avena Technologies, Inc.
We offer an online communication platform for Providers and their patients to connect via the Site through the use of synchronous and asynchronous telecommunications technologies. The Site facilitates communication between patients and Providers.
Avena does not provide Nutrition advice or care. Avena contracts with Nutrition Group, an independent, physician-owned Nutrition group who provide nutrition telehealth services for kids and adults. Nutrition Group Providers advice and suggest recipes via the Avena platform to their patients. Providers are independently contracted or employed by Nutrition Group. Providers are not contracted or employed by Avena Tecnologies, Inc. The Providers, and not Avena, are solely responsible for the quality and appropriateness of the nutrition they render to you.
The Providers are independent of Avena and are merely using the Site as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from Avena. Your interactions with the providers via the Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Avena, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the Site or Service, nor any information obtained on the Site. Avena does not recommend or endorse any specific Providers, tests, dietitians, medications, products, or procedures. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.
Avena does not make any representations or warranties about the training or skill of any Providers who deliver services via the Site or Service. You will be provided with an available on-call Provider based solely on the information you submit to the Site. You are ultimately responsible for choosing to engage any particular available Provider.
The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional nutrition advice, diagnosis, treatment, or recommendations of any kind by Avena. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any nutrition or clinical conditions. All information provided by Avena, or in connection with any communications supported by Avena, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. While Avena facilitates your selection of, and communications with, Providers, Avena does not provide Nutrition services, or Nutrition advice, and the doctor-patient relationship is between you and the Nutrition Group Provider you select. You expressly acknowledge that while some of the material on the Site relates to health-related issues, neither the Company nor its employees are licensed to, or are otherwise providing any health advice. You receive a list of recipes through our platform and you are responsible of providing this food to your family or kids. Avena is not responsible for any allergy or clinical condition caused by consuming any of the suggested recipes.
Not for Emergencies. IF YOU ARE EXPERIENCING A NUTRITION OR HEALTH EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
Avena’ Site and Services are not for Nutrition emergencies or urgent situations. You should not disregard or delay seeking health advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately. You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a nutrition or clinical condition and before stopping, starting, or modifying any treatment or modification.
Risks of Telehealth Services
By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate Nutrition or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your Nutrition records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information. Unfortunately, the transmission of information via the internet is not completely secure. Although we take commercially reasonable steps designed to protect your personal information, we cannot guarantee the security of your personal information transmitted to, or through, our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures employed by the Services.
Neither Avena nor Nutrition Group endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, he/she will limit supply based upon state regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. Providers do not prescribe DEA controlled substances or scheduled medications, or certain other drugs which may be harmful because of their potential for abuse. Providers reserve the right to deny care for actual or potential misuse of the Services.
You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. Avena and Nutrition Group fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct Nutrition Group to transmit that prescription to the pharmacy of your choice.
Not an Insurance Product
Neither Avena nor Nutrition Group are insurers. The Services are not insurance products, and the amounts you pay to Avena or Nutrition Group are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
By using the Site or Services, you acknowledge and consent to Avena, or its affiliates, using your de-identified information for Business Intelligence, in accordance with applicable law and this Agreement. “Business Intelligence” means any information derived from or relating to your de-identified personal data as gathered by machine learning and artificial intelligence algorithms applied by Avena, or their affiliates, to the de-identified data, including any and all insights, quantitative and qualitative results, statistical results derived from such machine learning and artificial intelligence. For the avoidance of doubt, Business Intelligence shall not include PHI specifically identifiable to any patient.
- Availability of Services
Avena and Nutrition Group operate subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or the Services is limited exclusively to users located in States within the United States where the Services are available. Services are not available to users located outside the United States. Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
- 4. Eligibility; Site Access, Security and Restrictions; Passwords
In order to access the Site and the Services, you represent and warrant that you are older than 18 years old. To request a visit for a minor patient, you must be the parent or legal guardian, or an individual with uncontested legal authority to arrange for and consent to the treatment of the patient. By using the Site and requesting a visit for a patient that has a legal guardian, you represent that you have the legal authority to make the request and you certify that the legal guardian of the patient will be physically present for the duration of the requested visit. If a legal guardian is unable to request a visit, the legal guardian may provide Nutrition Group with prior, written authorization that identifies by name an individual who has the power and authority to consent to the treatment of the minor patient. You understand and agree, that if a legal guardian is not present or an authorization to consent to treatment is not received prior to the visit, then a patient with a legal guardian cannot receive the requested Nutrition care. Nutrition Group doctors will only provide care for children whose parents or legal guardians agree to follow the American Academy of Pediatrics’ (“AAP”) recommended vaccine schedule or catch-up on vaccines according to the Centers of Disease Control and Prevention’s (“CDC”) recommended schedule. It is at the discretion of the Provider whether or not they can provide care to infants and children whose parents or guardians refuse routine childhood vaccinations.
You agree to fully, accurately, and truthfully create your Avena Account (“Account”), including but not limited to your name, mailing address, phone number, email address, and password, which become your Avena ID and credentials. The Avena ID and/or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Avena ID and/or credentials, and for all activities that occur under such Avena ID and/or credentials. You agree to prohibit anyone else from using your Avena ID and/or credentials and agree to immediately notify Avena of any actual or suspected unauthorized use of your Avena ID and/or credentials or other security concerns of which you become aware. Your access to the Site may be revoked by Avena at any time with or without cause.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. Avena will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
- Electronic Communications
When you use the Site or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Avena and Nutrition Group may contact you by telephone, mail, or email to verify your account information. Avena and Nutrition Group may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within fourteen (14) days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.
- Consent to Receive Calls and Text Messages
By providing your mobile number, you are agreeing to be contacted by or on behalf of Avena and Nutrition Group at the mobile number you have provided, including calls and text messages, to receive informational, Product or Service related (e.g., progress tracking, refill reminders, checkup reminders, etc.) and marketing communications relating to the Site and Services. Message and data rates may apply. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message and/or respond to your STOP message by texting you a request to identify services you wish to stop. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your progress and treatment.
- Ownership of The Site and Related Materials; Additional Restrictions
All pages within this Site and any material made available for download are the property of Avena, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.
- Charges; Credit Card Billing; Additional Purchases
The Site does not allow use of any credit, flex or debit card connected to your employer’s group health plan, cafeteria plan, flex plan, 125 plan or self-insured group health plan. By clicking to accept this agreement you verify that your credit card is not connected to your employer’s group health plan, cafeteria plan, flex plan, 125 plan or any health insurance, PPO, HMO, medigap policy, or any governmental health plan. Generally, Nutrition Group doctors engaged by you through the Site do not accept Medicaid, Medicare, CHIP, Tricare, or any other insurance. You acknowledge and agree that you shall be personally responsible for all incurred fees, charges, and expenses. You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. From time to time, Nutrition Group may have certain contracts with third-party payors to provide services, in any such case certain terms above may not be applicable instead terms negotiated with any third-party payor will be applicable. When registering an account, we will request your credit card information. This information will be used to bill you. Your credit card or other transaction data are retained using bank-level encryption so that Nutrition Group can charge you monthly. Nutrition Group charges your card before the beginning of the next month’s service. If you cancel your membership, Nutrition Group will stop charging your card, and you will be able to use Avena until the end of the current billing period. If you believe you have been incorrectly charged, or don’t recognize a charge, by Avena or Nutrition Group, please email us at firstname.lastname@example.org
- Accuracy of Information; Functionality
Although Avena attempts to ensure the integrity and accurateness of the Site and related materials, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site, its content or any services or items obtained through the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Avena so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Avena shall have no responsibility or liability for information or content, or its accuracy, posted to the Site from any non-Avena affiliated third party.
Avena and Nutrition Group each reserve complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention and/or destruction policies.
- Links to Other Sites
Avena makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Avena site, please understand that it is independent from Avena, and that Avena has no control over the content on that website. In addition, a link to a non-Avena website does not mean that Avena endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.
- User Information
If you submit, upload, post or transmit any health information, Nutrition history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Avena and Nutrition Group that you have the legal right and authorization to provide all User Information to Avena and Nutrition Group for use as set forth herein and required by Avena and the Nutrition Group Provider.
You agree not to (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (a) a message under a false name, or (b) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (1) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Avena. You may not alter the attribution or origin of electronic mail, messages, or posting; (ix) harvest or collect PHI about any other individual who uses the Site or the Services; (x) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.
You agree to defend, indemnify and hold harmless Avena, Nutrition Group, and the Providers from and against all third-party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site.
- Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Avena respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA“), we will respond promptly to notices of alleged infringement that are reported to Avena’ Designated Copyright Agent, identified below
Notices of Alleged Infringement for Content Made Available on the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us notice (“Notice”) complying with the following requirements.
- Identify the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to email@example.com
- Intellectual Property
With the exception of your electronic Nutrition record, Avena and Nutrition Group, as applicable, retain all right, title, and interest in and to the Site, the Services and any information, products, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by Avena or Nutrition Group (in that case, the license provider retains all right, title, and interest therein). The information available through the Site and the Services is the property of Avena or Nutrition Group, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Avena or Nutrition Group trademarks, service marks, and logos are strictly prohibited without the prior written permission of Avena or Nutrition Group, as applicable. The immediately foregoing sentence also applies to any third-party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the Site without the written grant thereof by Avena, Nutrition Group or the third-party owner of such trademarks, service marks, and/or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.
Avena may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity
- Disclaimer of Warranties
AVENA DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. AVENA DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. AVENA DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY AVENA ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY AVENA OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES
- Limitation of Liability Regarding Use of Site
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:
AVENA SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF NUTRITION GROUP OR THE PROVIDERS. AVENA AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH NUTRITION GROUP OR THE PROVIDERS. FURTHERMORE, AVENA DOES NOT RECOMMEND, AND YOU AGREE TO BE WHOLLY RESPONSIBLE, IF YOU OR ANY MINOR OR PATIENT FOR WHOM YOU ARE RESPONSIBLE DECIDES TO MEET OFFLINE OR IN PERSON WITH ANY NUTRITION GROUP PROVIDERS.YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF AVENA TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $50 (FIFTY DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
- No Third Party Rights
- Supplemental Terms Applicable to Providers
Every healthcare provider using the Site (“Provider”) must be a licensed physician contracted or employed by Nutrition Group, and must agree to comply with all laws, Nutrition board rules and other rules and regulations applicable to you as a Provider or otherwise. Your relationship with the Avena users (including your Nutrition Group patients) is directly between you as the Provider and the patient. The patient will never have a physician-patient relationship with Avena. Avena does not practice medicine and offers no Nutrition services. As set forth more fully below, Provider is solely responsible for all agreements, consents, notices and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Provider is solely responsible for all billings and collections from patients and other consumers, and Avena shall have no liability whatsoever to Provider with respect to any amounts owed by any patient or other consumer to Provider.
Avena does not provide any Nutrition advice, legal advice, or representations in any way regarding any legal or Nutrition issues associated with Provider, goods or services offered by Provider, including but not limited any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Provider should seek legal counsel regarding any legal and compliance issues, and should not rely on any materials or content associated with the Services in determining Provider’s compliance obligations under law. Provider and Avena agree that Avena is not providing, to Customer or anyone else, Nutrition advice or legal advice.
Provider will use the Site and Services only in accordance with applicable standards of good Nutrition practice. While software products such as the Site and Services can facilitate and improve the quality of service that Provider can offer patients, many factors, including the provider/patient relationship can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Site and Services, and the provision of Nutrition services to Provider’s patients. In this regard, Provider releases Avena and waives any and all potential claims against Avena as a result of Provider’s use of the Site and Services, and the provision of services to Provider’s patients.
As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify and hold Avena harmless from any claim by or on behalf of any patient of Provider, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against Avena, regardless of the cause if such claim arises for any reason whatsoever, out of Provider’s use or operation of the Site and Services. To the extent applicable, Provider will obtain Avena’ prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of Avena or defect in the Site or Services. Avena will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same, and grant to Provider exclusive control over its defense and settlement.
If Provider submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images or other materials to us or our Site (“Provider Content”) or provide any Provider Content to patients or other consumers, Provider agree not to provide any Provider Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. Provider is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, patients and other consumers. Provider agree not to contact other users through unsolicited e-mail, telephone calls, mailings or any other method of communication. Provider represent and warrant to Avena that Provider have the legal right and authorization to upload all Provider Content at the Site. Avena shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however Avena desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Provider Content and/or incorporate such Provider Content into any form, medium or technology throughout the world. Avena is and shall be under no obligation (1) to maintain any Provider Content in confidence; (2) to pay to Provider any compensation for any Provider Content; or (3) to respond to any Provider Content.
Avena does not regularly review Provider Content, but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Site. You grant Avena the right to use the name that you submit in connection with any Provider Content. Provider agrees not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. Provider is and shall remain solely responsible for the content of any Provider Content posted to the Site or provided to any patients or other consumers. Avena and its affiliates take no responsibility and assume no liability for any Provider Content submitted by Provider or any third party.
- Dispute Resolution; Arbitration Agreement
We will try work in good faith to resolve any issue you have with Site, including Products and Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
If you desire to assert a claim against Avena, and you therefore elect to seek arbitration, you must first send to Avena, by certified mail, a written notice of your claim (“Notice”). The Notice to Avena should be addressed to: 2021 The Alameda, Suite 380 San Jose, CA 95126
YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Avena agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
- Force Majeure
- Revisions; General
How to Contact Us:
Avena Technologies, Inc.
2021 The Alameda, Suite 380
San Jose, CA 95126