LAST UPDATED: May 14, 2013
Welcome to Medvana mobile. You are attempting to (a) download or install (or have already done so) a mobile software application (the "App") and/or (b) access the website located at www.medvana.com/Medvana (the "Site") provided by Engage Health LLC ("Medvana"). Together, the App and the Site are referred to below as the "Applications."
We may modify these Terms at any time by posting the revised Terms on the Applications. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of these Terms. Any modifications will be effective immediately upon such posting. Your use of or access to the Applications after such modifications are posted will signify your acceptance of the modifications and your agreement to be bound by them. Notwithstanding the foregoing, any modifications to these Terms shall not apply to any dispute between us arising prior to the date on which we post the revised Terms that contain such modifications.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify, suspend or discontinue the Applications; charge fees in connection with the use of the Applications; modify and/or waive any fees charged in connection with the Applications; and/or offer opportunities to some or all users of the Applications. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Applications, in whole or in part, or of any service, content, feature or product offered through the Applications.
DISCLAIMER: NOT A SUBSTITUTE FOR PROFESSIONAL HEALTH CARE OR ADVICE THE APPLICATIONS AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE APPLICATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. YOUR USE OF THE APPLICATIONS IS VOLUNTARY AND AT YOUR SOLE RISK.
THE HEALTH-RELATED INFORMATION AVAILABLE THROUGH THE APPLICATIONS IS GENERAL IN NATURE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE. IT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED, AND SHOULD NOT BE USED, TO REPLACE THE ADVICE OF HEALTHCARE PROFESSIONALS. YOU ARE SOLELY RESPONSIBLE FOR YOUR RELIANCE ON THE APPLICATIONS AND THE HEALTH-RELATED INFORMATION AVAILABLE THROUGH THE APPLICATIONS, AND FOR ALL DECISIONS OR ACTIONS RESULTING FROM YOUR USE OF THE APPLICATIONS AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO ANY DECISION NOT TO SEEK OR REFRAIN FROM SEEKING ANY DIAGNOSIS OR TREATMENT. YOU ARE ALSO SOLELY RESPONSIBLE FOR YOUR DECISION TO USE THE SERVICES OF ANY PARTICULAR THIRD- PARTY PROVIDER. IF YOU HAVE SPECIFIC HEALTHCARE NEEDS, OR FOR COMPLETE HEALTH INFORMATION, PLEASE SEE A DOCTOR OR OTHER HEALTHCARE PROVIDER.
The Applications are controlled and operated by Medvana from the United States, and are not intended to subject Medvana or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States. Medvana does not represent or warrant that the Applications or any part thereof are appropriate or available for use in any particular jurisdiction other than the United States.
THIRD-PARTY PROVIDERS AND PAYORS
The Applications provides users with access to electronic schedules of the available appointments of doctors, hospitals and other third-party healthcare providers ("Third-Party Providers"). Additionally, the Applications provides users with the ability to exchange certain registration information with Third-Party Providers. Medvana provides marketing services on behalf of Third-Party Providers to patients or prospective patients (including users of the Applications) such as email campaigns, search engine optimization (SEO) and electronic directory services. Medvana also provides Third-Party Providers with the opportunity to create their own Premier Listings, Profile Pages or mini-websites. Medvana may charge Third-Party Providers a fee for the services and opportunities described in this section. Although Medvana reserves the right (but does not have the obligation) to monitor, it does not control the content contained within, Premier Listings, Profile Pages or mini-websites (including the availability of open appointments), and assumes no responsibility or liability of any kind for any inaccuracies (including inaccuracies regarding available appointments, insurance accepted or network participation) contained therein, or for any qualifications, reference materials or other content available therein. Medvana allows you to submit and store the name of your insurance or benefit plan but does not provide any information regarding coverage available, healthcare costs, or doctors and hospitals participating in your plan. You should contact your insurance carrier or plan administrator ("Payors") for this information.
Medvana is not responsible for, and shall have no liability in connection with, any transactions or disputes between you and Third-Party Providers or Payors. If you have a dispute with a Third-Party Provider or Payor, you agree to release us (and our employees and agents) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including actual, consequential and punitive damages), arising out of or in any way connected with the use of the Applications or such disputes. You waive any provisions of any state, province, or country law that limit or prohibit a general release, including, if applicable, Section 1542 of the California Civil Code, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Medvana grants to you a limited, royalty-free, non-exclusive, personal and non-transferable, license to install and use the App on a single personal mobile electronic device or smart phone owned or controlled by you (or, if you downloaded the App from the Apple App Store, on any Apple device running the iOS operating system that you own or control) solely for your own personal, non-commercial purposes, subject to your compliance with these Terms.
OWNERSHIP OF THE APPLICATIONS
The Applications (including any content made available through the Applications) are the property of Medvana (or its licensors) and are protected by applicable intellectual property laws. The App is licensed, not sold, to you. You may utilize the Applications only as permitted by these Terms. You may not, and will not permit any other party to: (1) modify, adapt, alter, translate or create derivative works of the Applications; (2) use or merge the Applications, or any component or element thereof, with other software, databases or services not provided by Medvana; (3) sublicense, distribute, sell or otherwise transfer the Applications to any third party; (4) use the App as a service bureau, or lease, rent or loan the App to any third party; (5) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the Applications; (6) interfere in any manner with the operation of the Applications; (7) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the Applications; (8) create a database by systematically downloading and storing the Applications; (9) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather the Applications or reproduce or circumvent the navigational structure or presentation of the Applications without our express prior written consent; or (10) use the Applications for any commercial purposes. You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the Applications. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Applications.
Any logo, trademark, servicemark, domain name, or trade name appearing on the Applications, including "Medvana," ("Marks"), whether registered or not, are the property of Medvana or their respective owners. You may not use any Marks without the express written permission of Medvana.
INFORMATION THAT YOU SUBMIT
For purposes of clarity, you retain ownership of any information, content and materials that you submit through the Applications in connection with any publicly-available forums (each, a "Submission").