Terms of Use
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, DIAL 911 AND/OR SEEK IMMEDIATE ATTENTION FROM AN EMERGENCY HEALTH CARE PROVIDER. THIS WEBSITE AND SERVICE ARE NOT APPROPRIATE OR INTENDED TO PROVIDE EMERGENCY MEDICAL SERVICES.
1. Legal Agreement. This is a legal agreement between you (including yourself and any other entity or person on whose behalf you are using this website (including, in all cases, all services or offerings that may be made available through this website), and all others who may have rights through you (collectively, “you,” “your,” or similar terms) and Kavira Health Parentco, LLC (“Kavira Health,” “Us,” “We,” or similar terms, and in all cases including our current or future divisions and subsidiaries) the company that operates this website. You agree to the Terms of Use (or the “Agreement”), as well as the most recent version of our Privacy Policy and Notice of Privacy Practices, by doing any of the following: (a) visiting any page of this website; or (b) clicking the “I agree” box or a similar box in conjunction with creating an account, registering, or logging in to this website. If you are a parent or guardian, you are also agreeing on behalf of all others, including children/minors, whose information you submit to us. If you disagree with one or more of these terms or find them unacceptable in any way, do not use the website.
These Terms of Use are in addition to and supplement any other agreement between you and Kavira Health. For example, you may be party to a separate agreement with Kavira Health, describing applicable fees and available services to be provided. These Terms of Use apply to your use of this website as well as any and all other websites operated by Kavira Health, and all services and items offered herein, unless such other website(s) have additional or different terms that directly conflict with these Terms of Use, in which case such additional or different terms shall control as to such other website(s).
Additional Agreement or Program Terms. If you are signed up to receive services from Kavira Health, you may be subject to additional terms specific to your own sign-up, such as fees, a list of eligible services, a list of eligible providers, or similar items. Those additional terms may be communicated to you along with the sign-up process. If you are signed up to receive services from Kavira Health through your employer or similar sponsor organization, then additional terms specific to that employer or other sponsoring organization also apply.
Additional Third Party Agreements and Terms. This Kavira Health website operates, in part, as a portal, by which services or offerings provided by other third parties may be accessed. Kavira Health is not responsible or liable for any act or omission of such third parties. Your use of the services or offerings provided by other third parties is subject to the additional terms and conditions and privacy policies that may be provided by such third parties.
2. Limitations on Your Use of the Website. You agree that in your use of the website: (a) You may not intentionally post, create, upload or transmit any software or other material which contains a virus or other harmful code or device; (b) You will not impersonate any other person or use a false identity (the name of some other person or entity); (c) You are responsible for all postings or other activity performed using your username and password; (d) You will not access or attempt to access the account of any other person, or any other area or section of this website that is restricted and to which you have not explicitly been granted access; (e) You will not take any action designed to interfere with the operation of this website.
3. License to Your Materials. All information, comments, postings, photos, videos, chat or other items submitted by you to us through the website or on non-private portions of the website are collectively referred to as “Your Materials”. When you upload or otherwise submit Your Materials to our website, you give us a worldwide, perpetual, unlimited, non-exclusive, transferable, sub-licensable, royalty-free, license to use, host, store, reproduce, modify, create derivative works, communicate, and distribute to third parties Your Materials in any form or format. This license is for the purpose of operating, promoting, and improving the website and our business, and permitting us to work with and share Your Materials with others as necessary or desirable, as determined by us in our business judgement, to operate the website and as consistent with our Privacy Policy. This license continues even if you stop using the website and this Agreement terminates. Some aspects or features of the website may provide an opportunity to remove or delete some or all of Your Materials, however you understand and agree that such features may not be effective. If you have specific concerns regarding Your Materials, please contact us as described below.
4. Website Is Provided AS-IS. THE WEBSITE IS PROVIDED AS-AVAILABLE AND AS-IS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAY DISCONTINUE OR ALTER ALL OR A PORTION OF THE WEBSITE AND ANY RELATED SERVICES OR OFFERINGS, INCLUDING OFFERINGS PROVIDED BY THIRD PARTIES, AT ANY TIME WITHOUT NOTICE. WE MAY ALSO SUSPEND OR TERMINATE ANY USER’S ACCOUNT AT ANY TIME FOR ANY REASON OR NO REASON. IN THE EVENT THE WEBSITE CONTAINS ANY PRICING ERRORS, INACCURATE OR OUTDATED INFORMATION, OR OTHER ERRORS, WE RESERVE THE RIGHT TO CORRECT SUCH ERRORS AND ARE NOT REQUIRED TO HONOR ANY PRICING OR OTHER ERRORS. ALTHOUGH THE WEBSITE MAY PROVIDE LINKS TO THIRD PARTY WEBSITES OR SERVICES, WE ARE NOT RESPONSIBLE OR LIABLE FOR SUCH THIRD PARTY ITEMS.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE WEBSITE, THE SERVICES, OR FOR ANY ACT OR OMISSION BY US RELATED TO THE WEBSITE AS WELL AS ANY RESULTING ALLEGED INJURY OR DAMAGE IS TO STOP USING THE WEBSITE AND TO TERMINATE YOU ACCOUNT WITH KAVIRA HEALTH.
YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF US (INCLUDING OUR OWNERS, EMPLOYEES, AFFILIATES, OR VENDORS) BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE AND/OR ANY RELATED SERVICES OR OTHER ITEMS. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
IF YOU ARE DISSATISFIED WITH OR INJURED BY ANY SERVICE OR ITEM RECEIVED FROM OR PROVIDED BY A THIRD PARTY IN CONJUNCTION WITH YOUR USE OF THE WEBSITE AND THE RELATED SERVICES, WE ARE NOT RESPONSIBLE FOR SUCH ITEM. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY SECTION AND THE SECTION BELOW, WE WOULD NOT PROVIDE THE WEBSITE, THE SERVICES OR THE CONTENT TO YOU. THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
IF ANY OF THE ABOVE OR BELOW LIMITATIONS OR DISCLAIMERS OR ANY OTHER TERM IN THIS AGREEMENT ARE NOT PERMITTED IN ANY PARTICULAR STATE OR JURISDICTION, THEN SUCH ITEM IS DEEMED AMENDED AS MINIMALLY NECESSARY FOR LEGAL COMPLIANCE, OR IF AMENDMENT IS NOT POSSIBLE THEN SUCH ITEM IS DEEMED DELETED AND THE REMAINDER OF THIS AGREEMENT REMAINS IN FULL FORCE AND EFFECT.
5. General Information on Website is Not Medical Advice. Health Information Disclaimer. THE ARTICLES AND GENERAL INFORMATION ON OR ACCESSED THROUGH THIS WEBSITE IS DESIGNED TO OFFER YOU GENERAL HEALTH INFORMATION FOR EDUCATIONAL PURPOSES ONLY. THE GENERAL HEALTH INFORMATION FURNISHED ON THIS WEBSITE AND THE INTERACTIVE RESPONSES ARE NOT INTENDED TO BE PROFESSIONAL ADVICE AND ARE NOT INTENDED TO REPLACE PERSONAL CONSULTATION WITH A QUALIFIED PHYSICIAN, PHARMACIST OR OTHER HEALTH CARE PROFESSIONAL. YOU MUST ALWAYS SEEK THE ONE-ON-ONE, PERSONALIZED, ADVICE OF A PROFESSIONAL FOR QUESTIONS RELATED TO YOUR SPECIFIC CONDITION, SYMPTOMS, HISTORY, AND APPROPRIATE THERAPEUTIC TREATMENTS. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE COMMUNICATE ON AN INDIVIDUAL BASIS WITH A QUALIFIED HEALTH CARE PROVIDER IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEBSITE.
KAVIRA HEALTH DOES NOT MAKE ANY WARRANTY THAT THE GENERAL INTEREST CONTENT ON THIS WEBSITE SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. THE CONTENT WAS DEVELOPED FOR USE IN THE U.S. NEITHER OUR CONTENT PROVIDERS NOR WE MAKE ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY. WHILE INFORMATION ON THIS WEBSITE HAS BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, NEITHER OUR CONTENT PROVIDERS NOR WE WARRANT THE ACCURACY OF CODES, PRICES OR OTHER DATA CONTAINED ON THIS WEBSITE.
YOUR RELIANCE UPON GENERAL PURPOSE INFORMATION AND CONTENT OBTAINED BY YOU AT OR THROUGH THIS WEBSITE IS SOLELY AT YOUR OWN RISK. NEITHER OUR CONTENT PROVIDERS NOR WE ASSUME ANY LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY (INCLUDING DEATH) TO YOU, OTHER PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA OR INSTRUCTION CONTAINED IN THE GENERAL-INTEREST CONTENT SECTIONS OF THIS WEBSITE.
6. Price Changes; Taxes. In addition to the right to correct pricing errors described above, we reserve the right to change the price of any item at any time, without notice. For any order placed by you, your order shall be deemed the “offer” which is not “accepted” unless and until such order has been accepted and filled by us or the applicable third party. For any sums owing from you to Kavira Health, you are also liable for any applicable taxes, if any. In the event any additional taxes are required to be collected in your jurisdiction, you agree that Kavira Health may add such amount to fees otherwise owed by you.
7. Copyright Notice. The website, including all content on the Website, is owned or licensed by us and/or by third parties with whom we have a contractual relation. The entire contents and design of the website are protected by U.S. and international copyright law. All rights regarding the website, and information and materials contained on the website, are either owned by us, are licensed to us, or are used with permission. We grant you a non-exclusive, non-transferable, limited license to access and use the information, documents, text, images, software, and other content and elements of the website (collectively, the “content”) solely in accordance with these Terms of Use. Subject to these Terms of Use, you may view, download and print the content solely for your personal and informational use. You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from us. You may link to, view, download, use, display and print a single copy of the content only for personal, noncommercial and informational purposes as long as: (1) you do not alter or modify the materials in any way; and (2) you include all applicable copyright, trademark and other notices and disclaimers. We may terminate the above license at any time for any reason. If you breach any term of this agreement your license terminates immediately, automatically, and without notice. Upon the termination of this license you must stop using this website including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control.
8. Notice of Infringing Images or Content: DMCA Notice. If you believe in good faith that any photos, images, text, or other content appearing on this website infringes any copyright or other intellectual property right owned by you, please send a notice to:
Kavira Health Parentco, LLC
Email: hello@kavira.health
Notice. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work (or other intellectual property right) claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has 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 (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If US law requires any additional or different procedure, then the terms of such law shall control.
9. Trademark Notice. Kavira Health’s names and logos, and all related product and service names, design marks and slogans are the trademarks or service marks of Kavira Health. All rights are reserved. You are not authorized to use any such trademark in any advertisement, publicity or in any other commercial manner without our prior written consent. All other trademarks appearing on the website are the property of their respective owners.
10. Links to Other Sites and Tools. The website will include links to other websites, tools, apps or other items that provide additional and/or related information or services. For example, and without limitation and subject to change, at present this website will link and inter-operate with Spruce Health (https://www.sprucehealth.com/terms-website/), Elation (https://www.elationhealth.com/service-agreement/), Hint Health (https://www.hint.com/terms), and others. We may add, remove, other otherwise change the third parties that are linked or associated with this website. We are not responsible or liable for the content, acts or omissions of any third party linked site or tool, or for your dealings with such third parties. We are not responsible for the content or privacy practices of other sites or services to which we may link. Please review the applicable privacy policy and terms of such sites and services.
11. Payment Processor. Kavira has agreements with and works with payment processing businesses, to process credit or debit card transactions and other payment methods made through website. Our payment processors may receive information from your use of the website, such as details of financial transactions you participate in on the website, including the amount and method of payment. By participating in and authorizing financial transactions on website, you agree that you have reviewed and are subject to the user terms and conditions of the payment processor and that you are solely responsible for complying with all applicable provisions of any terms of service or other applicable policies or binding agreements between you and such payment processors. You further agree and acknowledge that we will share information with the payment processor in order to receive payment from you.
12. Authorized Users Only; Confidential. You agree to keep your user and login information confidential. You are responsible for all actions taken using your username and password. If your password has been compromised, contact us immediately.
13. Security. We understand that you may provide to us, through the website, information that you consider confidential as well as financial information such as credit card information. Please read our Privacy Policy for more information about information security.
While we take measures to protect the confidentiality and security of your information, it is not possible to give absolute assurance that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on our computers and view your information, or the government or other entities with legal authority may require disclosure of your information. By submitting information to us, you agree that you are aware of and accept these risks. If you do not wish to submit your information electronically, do not do so, however in such case you may not be able to make use of the full functionality of the website. You agree that Kavira Health is not responsible for any consequence of illegal acts by third parties, including but not limited to hacking or similar crimes.
14. Indemnification. You agree to indemnify, defend, and hold harmless Kavira Health, its officers, directors, employees, agents, linked third party providers, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your account.
15. Jurisdiction and Venue. This website is controlled and operated within the United States, and is not intended to subject Kavira Health to any the law or jurisdiction outside of the United States. This website does not constitute any contract with any jurisdiction outside the State of Minnesota. Use of this website is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the website illegal. This Agreement is entered into and performed in the State of Minnesota, United States of America. It is governed by and shall be construed under the laws of Minnesota, exclusive of any choice of law or conflict of laws provisions. In any claim or action directly or indirectly arising under this Agreement or related to the website, each party irrevocably submits to the personal jurisdiction of the Minnesota State District Court sitting in Hennepin County, Minnesota or of the United States Court for the District of Minnesota. Each party waives any jurisdictional, venue or inconvenient forum objections to these courts. You agree that you shall pursue any claim against us or the Service Providers in your individual capacity only, and you will not participate in any collective or so-called “class” action against Kavira Health or any of the Service Providers. If a different agreement between you and Kavira Health calls for arbitration or claims, then such different agreement and the arbitration provision shall control.
16. General; Contact Information. You may not assign any rights or obligations under this Agreement without our prior written consent. We may assign all or part of this Agreement. We reserve the right to change, modify, and update this Agreement at any time. Your continued use of the website after the updated terms have been posted shall constitute your acceptance of such terms. You should therefore review these Terms of Use periodically to familiarize yourself with any changes, modifications and updates, which we will post on this page or a similar page of the site. If you violate any of the Terms of this Agreement, your authorization to use our Website and all licenses granted herein terminate automatically.
If any of the provisions of this Agreement are held unenforceable or overbroad by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect. You agree to bring any and all claims involving us or the Service Providers within twelve (12) months of the date on which such claim first arises; all claims not brought by you within such time period are waived. All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement shall survive. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
17. Contact Information. You agree that we may provide any and all notices to you by e-mail, telephone, cell-phone, text message, as well as by any other method.
You may contact us at:
Email: hello@kavira.health
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