Terms of Use

TERMS OF USE

These Terms of Use (these “Terms”) are entered into by and between you and Elatis, Inc., a corporation doing business as eSavvyHealth (“eSavvyHealth,” “we,” “us” or “our”).  These Terms govern your access to and use of our website, eSavvyHealth.com, including any content, functionality, and services offered on or through it (our “Website”), whether as a guest, subscriber or registered user. Please read these Terms carefully before you start to access or use our Website.  By using our Website, you accept and agree to be bound and abide by these Terms and our Privacy Policy incorporated herein by this reference. By accessing or using our Website, you represent that you meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use our Website.  If you do not want to agree to these Terms or our Privacy Policy, you must neither access nor use our Website.

1. Our Website Does Not Provide Medical Advice

The primary purpose of our Website is to provide health information and education, not diagnosis, treatment or prescription. The content, materials and other information available on or through our Website or any linked website is provided for informational purposes only, and is not a substitute for professional medical advice, diagnosis, or treatment. You should always seek the advice of your physician or other qualified health care provider with any questions or concerns you may have regarding your medical condition.  Never disregard professional medical advice or delay in seeking professional medical advice because of something you have read or seen on or through our Website.  All decisions regarding your health or medical condition must be made with your physician or other qualified health care provider. If you think you may be having a medical emergency, please immediately call 9-1-1 or your physician or other qualified health care provider. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on our Website.  Reliance on any information provided on or through our Website is solely at your own risk.

2. Changes to these Terms

We may revise and update these Terms from time to time at our sole discretion.  All changes are effective immediately when we post them. Your continued access or use of our Website following the posting of revised Terms means that you accept and agree to those revisions.  You are encouraged and expected to check this page periodically so you are aware of any changes, as they are binding on you.

3. Accessing our Website and Account Security

We reserve the right to withdraw or amend our Website, and any service or material we provide on our Website, at our sole discretion without notice. We will not be liable if for any reason all or any part of our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, or the entire Website, to users. You are responsible for both: (i) making all arrangements necessary for you to have access to our Website, and (ii) ensuring that all persons who access our Website through your internet connection are aware of these Terms and comply with them. To access our Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of our Website that all the information you provide on our Website is correct, current, and complete. You agree that all information you provide to register with our Website or otherwise, including, but not limited to, through the use of any interactive features on our Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that no one else accesses your account if you do not close it at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. When you subscribe to or become a member of eSavvyHealth and/or our Website, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from us.  You consent to receive notices electronically by way of transmitting the notice to you by email.

4. eSavvyHealth’s Intellectual Property Rights

Our Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or our other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  All trademarks, service marks, logos, trade names, and any other source identifiers of eSavvyHealth used on or in connection with our Website are trademarks or registered trademarks of eSavvyHealth. These Terms permit you to use our Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, (ii) you may store files that are automatically cached by your Web browser for display enhancement purposes, (iii) you may print one copy of a reasonable number of pages of our Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution, (iv) if we provide eBooks, documents, or desktop, mobile or other applications for download, mobile, or other applications for download, then 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 for such applications, and (v) if we provide social media features with certain content, then you may take such actions as are enabled by such features. You must not: (i) modify copies of any materials from our Website, (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Website, or (iv) access or use for any commercial purposes any part of our Website or any services or materials available through our Website. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Website in breach of these Terms, then your right to use our Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to our Website or any content on our Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of our Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

5. Prohibited Uses

You may use our Website only for lawful purposes and in accordance with these Terms. You agree not to use our Website: (i) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise, (iii) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards set out in these Terms, (iv) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation, (v) to impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing), or (vi) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Website, or which, as determined by us, may harm us or users of our Website, or expose them to liability. Additionally, you agree not to: (i) use our Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of our Website, including their ability to engage in real time activities through our Website, (ii) use any robot, spider, or other automatic device, process, or means to access our Website for any purpose, including monitoring or copying any of the material on our Website, (iii) use any manual process to monitor or copy any of the material on our Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent, (iv) use any device, software, or routine that interferes with the proper working of our Website, (v) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, (vi) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Website, the server on which our Website is stored, or any server, computer, or database connected to our Website, (vii) attack our Website via a denial-of-service attack or a distributed denial-of-service attack, or (viii) otherwise attempt to interfere with the proper working of our Website.

6. User Contributions

Our Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (a “post”) content or materials (collectively, “User Contributions”) on or through our Website. All User Contributions must comply with the content standards set out below in these Terms. Any user contribution you post to the site will be considered non-confidential and non-proprietary. By providing any user contribution on our Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material, subject to the terms of our Privacy Policy. You represent that: (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, and (ii) all of your User Contributions do and will comply with these Terms. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of our Website.

7. Monitoring, Enforcement and Termination

We have the right to: (i) remove or refuse to post any User Contributions for any or no reason at our sole discretion, (ii) take any action with respect to any user contribution that we deem necessary or appropriate at our sole discretion, including if we believe that such user contribution violates these Terms, including the content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of our Website or the public, or could create liability for us, (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Website, and/or (v) terminate or suspend your access to all or part of our Website for any or no reason, including, without limitation, any violation of these Terms. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Website. YOU WAIVE AND HOLD HARMLESS ESAVVYHEALTH AND ESAVVYHEALTH’S AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we cannot and do not undertake to review material before it is posted on our Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

8. Content Standards

These content standards apply to any and all User Contributions and use of interactive services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable, (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, (iii) infringe  any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person, (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy, (v) be likely to deceive any person, (vi) promote any illegal activity, or advocate, promote, or assist any unlawful act, (vii) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person, (viii) impersonate any person, or misrepresent your identity or affiliation with any person or organization, (ix) involved commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising, or (x) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. 

9. Copyright Infringement

If you believe that any User Contributions violate your copyright, please Contact Us.  It is our policy to terminate the user accounts of repeat infringers.

10. Reliance on Information Posted

The information presented on or through our Website is made available solely for general information purposes. Although it is our intention to provide information that is accurate, complete, and useful, we cannot warrant its accuracy, completeness, or usefulness. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Website, or by anyone who may be informed of any of its contents. Our Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, search engines, databases, review/reservation applications and/or websites, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

11. Additional Restrictions

You may not and may not assist or enable others to: (i) breach or circumvent any applicable federal, state and local laws and regulations or rights of third parties, (ii) use our Website for any commercial or other purpose that is not expressly permitted by these Terms, (iii) use our Website to spam or distribute unsolicited commercial communications of any kind, (iv) dilute, tarnish or otherwise harm our brand in any way, or (v) violate or infringe anyone else’s rights or otherwise cause harm to any other person.

12. Changes to our Website

We may update the content on our Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.

13. Information About You and Your Visits to our Website

All information we collect on our Website is subject to our Privacy Policy. By using our Website, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

14. Linking to our Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. Our Website may provide certain social media features that enable you to: (i) link from your own or certain third-party website to certain content on our Website, (ii) send messages, emails or other communications with certain content, or links to certain content, on our Website, or (iii) cause limited portions of content on our Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us and otherwise in accordance with any additional Terms we provide with respect to such features. Subject to the foregoing, you must not: (i) establish a link from any website that is not owned by you, (ii) cause our Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking, (iii) link to any part of our Website other than the Home Page, unless you have a formal Affiliate relationship with eSavvyHealth which includes explicit permission to do otherwise, or (iv) otherwise take any action with respect to the materials on our Website that is inconsistent with any other provision of these Terms. Our Website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice at our discretion.

15. Links from our Website

If our Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Website, you do so entirely at your own risk and subject to these Terms of use for such websites.

16. Geographic Restrictions

We provide our Website for use only by persons located in the United States. We make no claims that our Website or any of its content is accessible or appropriate outside of the United States. Access to our Website may not be legal by certain persons or in certain countries. If you access our Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

17. Disclaimer of Warranties

You understand that eSavvyHealth cannot (and does not) guarantee or warrant that files available for downloading from the internet or our Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, ESAVVYHEALTH WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF OUR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE IS AT YOUR OWN RISK. OUR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ESAVVYHEALTH NOR ANY PERSON ASSOCIATED WITH ESAVVYHEALTH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ESAVVYHEALTH NOR ANYONE ASSOCIATED WITH ESAVVYHEALTH REPRESENT OR WARRANT THAT OUR WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ESAVVYHEALTH, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. FURTHERMORE, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ESAVVYHEALTH’S COLLECTIVE LIABILITY AND ESAVVYHEALTH’S SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF: (I) ONE HUNDRED DOLLARS ($100.00) OR (II) THE AMOUNTS YOU HAVE ACTUALLY PAID TO ESAVVYHEALTH, IF ANY, IN THE LAST SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. Indemnification

You agree to defend, indemnify and hold harmless eSavvyHealth, eSavvyHealth’s affiliates, licensors, search engines, review applications, reservation applications, and service providers, and eSavvyHealth’s and their respective members, managers, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms or your use of our Website, including, but not limited to, your User Contributions, any use of our Website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from our Website; (b) your improper or unlawful use of our Website; (c) your communication or interaction with any user; (d) your violation of any applicable federal, state or local laws or regulations; or (e) your breach of any third party’s rights.

20. Governing Law and Jurisdiction

All matters relating to our Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms or our Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of Los Angeles. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

21. Waiver and Severability

No waiver by eSavvyHealth of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of eSavvyHealth to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

22. Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and us regarding our Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our Website.

23. Feedback

Please Contact Us if you wish to provide feedback, comments and suggestions for improvements to our Website.  Any such feedback, comments or suggestions you submit to us will be considered non-confidential and non-proprietary to you.  By submitting such feedback, comments or suggestions to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without any compensation to you whatsoever.

24. Contact Us

If you have any questions or comments about this Policy and our privacy practices, please contact us by sending an email to [email protected] or by regular mail at: eSavvy Health 201 N. Brand Blvd., Suite 200 Glendale, CA 91203   Last Updated: January 28, 2021