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en EspañolMyZiva.net Terms of Use
Welcome to MyZiva.net™. The information provided on MyZiva.net is for general informational and educational purposes only. By subscribing to, registering for, accessing and/or using our Web site, you accept, without limitation or qualification, the following terms of use, which constitute an agreement between you and ZivaContinuum, LLC. We may change these terms from time to time. You will always be able to view the most current version by clicking on the link at the bottom of any page on our site. Please read and review these Terms of Use carefully before accessing or using this Web site. If you do not agree to the Terms of Use, you may not access or use the site.
Scope of These Terms
These Terms of Use apply to your use of MyZiva.net. When you leave our Web site and go to another Web site controlled by a third party, different terms will apply.
We have other Web sites that may be covered by different Terms of Use. The Terms of Use for each of our Web sites are available from the home page of that Web site. When you leave one of our Web sites and go to another Web site (whether controlled by us or by a third party), different terms may apply.
This Web site is owned and operated by ZivaContinuum, LLC. When we refer to ourselves as "we" or "ZivaContinuum," we mean our company, including any subsidiary we control (for example, a subsidiary we own). We may share information among our subsidiaries that we own or control, but it is always protected under the terms of our Privacy Policy.
HEALTH PRIVACY LAWS: STRICTLY PROHIBITED USE
By agreeing to these Terms of Use and using MyZiva.net, any and all individuals or entities subject to health privacy statutes, regulations or other laws, whether federal, state or local, acknowledge, understand and agree that MyZiva.net strictly prohibits the entry of "Protected Health Information" (PHI) into MyZiva.net by such parties on behalf of any MyZiva.net users or subscribers as that term is defined by the Administrative Simplification Regulations of the Health Insurance Portability and Accountability Act (HIPAA), set forth in 45 CFR Parts 160 through 164, and in accordance with any other federal or state laws, including regulations and statutes, and any amendments thereto, promulgated by the United States Department of Health and Human Services and/or any other federal, state or local administrative agency, regulatory or legislative body, as they relate to the privacy of health information. Individuals or entities subject to health privacy statutes, regulations or other laws, whether federal, state or local, and all other users or subscribers, further acknowledge, understand and agree that ZivaContinuum, LLC is not a "Business Associate" of any such parties under HIPAA as that term is defined by 45 CFR 160.103.
FINANCIAL PRIVACY LAWS: STRICTLY PROHIBITED USE
By agreeing to these terms of use, any and all individuals or entities subject to financial information privacy statutes, regulations or other laws, whether federal, state or local, acknowledge, understand and agree that MyZiva.net strictly prohibits the entry of nonpublic personal information into MyZiva.net by such parties on behalf of any MyZiva.net users or subscribers in violation of the Financial Privacy Rule, set forth in 16 CFR Part 313, and the Safeguards Rule, set forth in 16 CFR Part 314, of The Gramm-Leach Bliley Act, and in accordance with any other federal or state laws, including regulations and statutes, promulgated by any federal or state administrative agency, regulatory or legislative body, and any amendments thereto, as they relate to the privacy of financial information.
Our Information Is Not Professional Medical Advice
We include a variety of information on our Web sites, including data, articles, references, interactive tools and advertising. Certain sections of MyZiva.net are intended for particular audiences, such as members of the healthcare community. This Web site may contain general information relating to various medical conditions and their treatment. SUCH INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT MEANT TO BE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE PROVIDED BY A DOCTOR OR OTHER QUALIFIED AND LICENSED HEALTHCARE, CLINICAL OR MEDICAL PROFESSIONAL. While we hope you find it helpful, you should not use the information contained herein for diagnosing a health or fitness problem or disease. Healthcare professionals using this site should remember that this information is not meant to serve as a substitute for your medical or clinical judgment as a healthcare professional. Consumers should not rely on the information on this site as professional medical advice or use it to replace any relationship with your physician or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency personnel.
We follow a standard set of editorial policies for information that we put on our Web sites, including information licensed from third parties, and will use reasonable efforts to insure that our information is accurate and up-to-date. However, we do not make any representations, assurances, warranties or guarantees related to our Web sites or the information thereon, including the accuracy or timeliness of that information. We specifically disclaim any warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose. It is your job and responsibility to evaluate the information we provide. If you are a healthcare professional, you should exercise your professional judgment in evaluating any information, and we encourage you to confirm the information contained on our Web site with other sources before undertaking any treatment or course of action based on it. If you are a consumer, you should evaluate the information together with your physician or another qualified healthcare professional. Neither ZivaContinuum nor any party involved in creating, producing or delivering this Web site shall be liable for any damages, including without limitation direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this Web site or any errors or omissions in the content thereof. This limitation includes damages to or for any viruses that infect your computer equipment.
Disclaimers Regarding Financial and/or Legal Information
Any financial or legal content provided on our Web site, including but not limited to all financial information or data, legal information (including cases, statutes, regulations or other laws), summaries thereof or references thereto, editorial content and advertising, is intended for personal use and entertainment and does not constitute investment or legal advice, nor is it an offer to buy or sell or a solicitation of an offer to buy or sell any security. SUCH INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT MEANT TO BE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE PROVIDED BY A LICENSED FINANCIAL OR LEGAL PROFESSIONAL. For legal advice or decisions, always consult a licensed attorney. For investment advice or decisions, always consult a professional investment advisor. Financial or legal content that appears on our Web site does not indicate that ZivaContinuum endorses such content. In addition, ZivaContinuum makes no representation that financial or legal information is accurate, reliable, complete or timely.
AMA Disclaimer: Information About Physicians
The use of MyZiva.net by any entity or individual to verify the credentials of physicians is prohibited. The database of physician information which drives our site does not contain sufficient information with which to verify physician credentials under the standards of the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), National Committee for Quality Assurance (NCQA) or the Utilization Review Accreditation Committee (URAC).
Tools and Databases
We include tools, search engines and databases, interactive or otherwise, proprietary and/or licensed from third parties, intended for the use of healthcare professionals and consumers on our Web site. Our tools do not and cannot give or constitute professional advice or recommendations regarding particular products, services, treatments or courses of action, whether medical, clinical, legal or financial. Healthcare professionals who use our tools or databases should exercise their own medical or clinical judgment as to the information and results. Consumers who use the tools or databases do so at their own risk.
Individuals with any type of medical condition are specifically cautioned to seek professional medical advice before beginning any sort of health treatment. For medical concerns, including decisions about medications and other treatments, users should always consult their physician or other qualified healthcare, medical or clinical professional.
Information Provided by Users
Some information on our Web site may come directly from you or from other users. We are not responsible for that information. Whatever the source of the information on our Web site, we are not liable for any damages resulting from your use of the information on our Web site.
If you place material or information on our Web site that is available publicly, you give us an irrevocable, perpetual license to use that information. We will consider requests to remove information that you make publicly available on our Web site on an individual basis (contact us at the email address provided at the end of this document).
For information and material you place on our Web sites that is not publicly available, please see our Privacy Policy for an explanation of how we use that information.
We ask that you not post any messages with misleading, false or inappropriate language or statements. We reserve the right to remove any offensive or fraudulent content at any time without your consent.
We also request that you do not post any messages with information or statements that infringe upon any third parties’ intellectual property rights. While we are not liable for any infringement resulting from such conduct by our users, we reserve the right to remove any such content.
We welcome your feedback and input. You can contact us at any time at info@myziva.net to send us comments and criticisms. If, however, you are dissatisfied with our response or with the contents of our site, your only remedy is to stop using the Web site.
Copyright Ownership
ZivaContinuum, LLC owns and/or licenses the information on each of the ZivaContinuum Web sites. All content on, as well as the design of, each of our sites is protected under United States and international copyright laws. For information appearing on our site under license from a third party, all copyrights on that information remain with that third party. You may look at our Web site online, download individual articles to your personal or handheld computer for later reading and even print a reasonable number of copies of pages for yourself, your family or friends. You must not remove any copyright notices from our materials. We reserve all of our ownership and other rights. You are prohibited from selling our copyrighted property, rewriting or modifying it, redistributing it, putting it on your own or other Web sites, or using it in any other manner for any commercial purpose without our prior written permission.
In the event you believe that material or content published on the ZivaContinuum Web site may infringe on your copyright or that of another, please provide detailed written notice of such possible infringement to ZivaContinuum, LLC, 1111 Marcus Avenue, Suite LL08, Lake Success, NY 11042 or send a detailed e-mail message identifying and describing such materials to info@myziva.net including the Web site link and/or a description of the location of the materials. You may also call us at (516) 616-9600 or toll-free at (866) 469-1482.
Trademarks
ZivaContinuum, LLC owns the names we use for our products and services on our Web sites, and these names are protected by United States and international trademark laws. An ® following a name on our site indicates that the trademark has been registered in the United States. All trademarks used on our sites, regardless of the presence or absence of the trademark symbol, are the property of their respective owners. You may use our trademarks for a non-infringing, non-commercial use, such as when discussing us with others, but you must not use our trademarks in a manner that misleads others as to ownership of those marks. Any other uses of our trademarks require our prior written approval.
The use or misuse of the trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity and communications regulations and statutes. Please be advised that ZivaContinuum actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
Linking
Our Web site may contain links or references to other Web sites maintained by third parties over which ZivaContinuum has no control. Although we are selective about the organizations and other Web sites we link to, we do not assume any responsibility for any Web sites that you browse after following a link from our site or that are linked to our site. Such links are provided merely as a convenience. Similarly, this Web site may be accessed from third-party links over which ZivaContinuum has no control. We make no warranties or representations of any kind as to the accuracy, currency or completeness of any information contained in such Web sites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third-party link does not imply an endorsement or recommendation by ZivaContinuum.
Software, Databases and Other Products
We may make software and accompanying documentation available for viewing, downloading and/or printing from our Web sites. These materials are the copyrighted work of ZivaContinuum, LLC or of the companies that have licensed the software, databases or other products to us. We do not transfer any ownership rights in software, databases or documentation to you when you download it from our Web sites; rather, you are allowed to access the software, data and documentation under the terms of a license agreement. You must read the license agreement that accompanies each product and indicate your agreement to those terms prior to downloading. You are not authorized to attempt to recreate or reverse engineer our software. In addition, some software available on our Web sites is subject to United States export controls. By downloading or using such software, you are representing to us that your download of such software complies with these controls.
U.S. Government End Users
If you are affiliated with the U.S. government, then you should know that the software and documentation available on our Web sites are «commercial items,» as that term is defined in 48 CFR 2.101 (October 1995), consisting of « commercial computer software» and « commercial computer software documentation, » as such terms are used in 48 CFR 12.212 (September 1995). Consistent with 48 CFR 12.212 and 48 CFR 227.7202-1 through 27.7202-4 (June 1995), all U.S. government end users acquire the software and documentation with only those rights set forth herein.
Laws that Govern this Agreement
ZivaContinuum, LLC controls the ZivaContinuum Web sites from its offices within the state of New York in the United States of America. The Web sites can be accessed from any of the United States and from other countries worldwide. Since the laws of each State or country able to access the Web sites may differ, by accessing the Web sites both you and ZivaContinuum agree that the statutes and laws of the State of New York, without regard to choice of law or conflict of law principles, will apply to all matters relating to use of our Web sites. Any legal action or proceeding related to this Web site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Nassau County, New York.
This Web site and its contents are intended to comply with the laws and regulations of the United States. Although the information on this Web site is accessible to users outside of the United States, the information on the Web site pertaining to ZivaContinuum products or other products is intended for use only by residents of the United States. Other countries may have laws, regulatory requirements and medical practices that differ from those in the United States. ZivaContinuum makes no representation that materials on its Web sites are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access these sites from other locations do so on their own initiative and are responsible for compliance with local laws. ZivaContinuum reserves the right to limit provision of our products or services to any person, entity, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on this Web site is void where prohibited.
If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. ZivaContinuum reserves the right to alter or delete materials from this Web site at any time at its discretion.
Acceptance Procedure
By accessing or using materials on our Web site or registering with ZivaContinuum you agree with all the terms and conditions of this Agreement. You agree to indemnify, defend and hold harmless ZivaContinuum, LLC, its officers, directors, employees, shareholders, agents, suppliers and third-party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fee, resulting from any violation by you of these Terms of Use.
We reserve the right, at our sole discretion, to change the terms and conditions of this Agreement from time to time, and your continuing use of our Web sites constitutes your acceptance of and agreement to any changed terms and conditions. We will post any such changes in a timely manner, and draw your attention to any significant changes.
Privacy Policy
You can review our Privacy Policy by clicking here.
Subject to any applicable terms and conditions set forth in our Privacy Policy, any communication or other material that you send to us through the Internet or post on the Web site, by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and ZivaContinuum shall have no obligation of any kind with respect to such information. ZivaContinuum shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.
Consequences
You are solely responsible for maintaining the confidentiality of your registration information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your registration or password.
If you do not comply with these terms, we have the right to suspend or eliminate your account and remove any information you have placed on our site. We may also take any legal action we think is appropriate. If your violation of this Agreement causes harm to others, you agree to hold ZivaContinuum harmless against any liability for that harm.
Questions or Concerns about Our Terms of Use
For questions or concerns about these Terms of Use, please send an e-mail to: info@myziva.net.
Revision date: These Terms of Use were last updated on September 1, 2005.