Welcome to the Terms of Service for the uViiVa platform (applications and website). This is an agreement (“Agreement”) between ZK MedTech, LLC., a Delaware Corporation, the owner and operator of www.uviiva.com, (“Site”), any uviiva services (“Services” as defined below in section 2), and the uViiVa Application (“Platform”) and you (“you”, “your” or “user(s)”), a user of the Site, Platform, or Service. Throughout this Agreement, the words “uViiVa,” “us,” “we,” and “our,” refer to our company, uViiVa and our Site, Platform, or any Services, as is appropriate in the context of the use of the words. Due to the length of this Agreement, we would like to highlight the most important provisions you are agreeing to, including the following: ·
You agree to ARBITRATE any claims against us (defined below):
You agree to waive your ability to participate in a CLASS ACTION proceeding.
You agree that Health Practitioners are solely responsible their actions and any content or information disseminated to you.
You agree that your use of the Platform or Service does not create a patient-doctor relationship with uViiVa as defined by state or federal laws.
Health Practitioners are independent contractors and not employees of uViiVa whose opinions are not endorsed by and are not representative of uViiVa.
You agree to indemnify us for your use of the Site, Platform, or Service.
Our liability to you is limited as stated within the “Limitation of Liabilities” section of this Agreement.
The uViiVa Platform assists you in purchasing Vouchers (defined below) for skincare cosmetic procedure and services and medical products. These Vouchers are sold by Health Practitioners (hereinafter “Health Practitioner” as defined below) who use the Platform. Users simply download the Platform search for the product, services or procedures or procedure and purchase Vouchers. Once a Voucher has been purchased the user shall be able to independently contact the Health Practitioner and set an appointment or consult time. Users understand and agree that uViiVa is not responsible for any information provided by any Health Practitioners. Health Practitioners own and redeem all Vouchers and uViiVa merely acts as a Platform to purchase Vouchers.
If you are under the age of 18 but 13 years or older, you may not register for the uViiVa Platform by yourself. You must ask your parent or guardian to register for you. Parents will be required to provide parental consent before any users under the age of 18 are allowed to use the Platform. Users under 13 years of age are not permitted to use the Platform. Parents shall be required to fill out all relevant information required by the Platform and shall agree to the Parental Consent Agreement, displayed during sign-up. Parents shall be required to input a credit card number and a contact email address so that the consent may be verified by our company. Parents may withdraw consent by contacting info@uViiVa.com. If parental consent is revoked, the account created may be immediately disabled or terminated.
Please be aware that the Platform is solely designed for users to purchase Vouchers. No interactions within the Platform create a doctor-patient relationship between uViiVa and the user as defined under US federal and state laws and uViiVa does not give medical opinions, recommendations or advice via the Platform. If you believe you are experiencing some type of medical condition or emergency, please contact an emergency responder or your doctor for an in person if you are looking for a personal medical evaluation, diagnosis, or prescription. Do not delay receiving treatment for any health or medical issues due to any information found on our Site, Service, or Platform.
uViiVa DOES NOT PROVIDE MEDICAL OPINIONS, CARE OR ADVICE AND DOES NOT PROVIDE FORMAL MEDICAL DIAGNOSIS, TREATMENT OR PRESCRIPTIONS. ALL HEALTH PRACTITIONERS ARE DULY LICENSED MEDICAL PROFESSIONALS AND ARE SOLELY RESPONSIBLE FOR ANY INFORMATION OR CONTENT TRANSMITTED BY THEM, ANY PHYSICIAN-PATIENT RELATIONSHIP CREATED BETWEEN THE USER AND A HEALTH PRACTITIONER, IS SOLELY BETWEEN THE PARTIES AND DOES NOT INVOLVE uViiVa; ANY RELIANCE ON ANY INFORMATION PROVIDED BY ANY HEALTH PRACTITIONER IS SOLELY AT YOUR OWN RISK. uViiVa DOES NOT AND DOES NOT INTEND TO PROVIDE MEDICAL EVALUATION OR MEDICAL SERVICES OR MEDICAL OPINION OR ACT IN ANY MANNER AS A PHYSICIAN, OR MEDICAL CORPORATION, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY MEDICAL SERVICES OR MEDICAL OPINIONS RENDERED BY ANY OF THE HEALTH PRACTITIONERS ON ITS PLATFORM.
Health Practitioners listed on the uViiVa Platform are licensed medical professionals. Any opinions, advice, or information expressed by any Health Practitioner individuals are those of the individual and the individual alone and they do not reflect the opinions of uViiVa. We do not recommend or endorse any specific physicians, products, procedures, opinions, or other information that may be listed on the uViiVa Platform or by a Health Practitioner. The inclusion of Health Practitioners on the Site or Platform does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. The relationship between Health Practitioners and uViiVa is that of independent contractors.
You agree that you are solely responsible for interactions with Health Practitioners. To the extent permitted under applicable laws, you hereby release uViiVa from any and all claims or liabilities related to any product or services of Health Practitioners, any action or inaction by Health Practitioners, including Health Practitioners’ failure to comply with applicable law and/or conduct or speech, whether online or offline. ANY INFORMATION PROVIDED BY HEALTH PRACTITIONERS IS PROVIDED ON AN “AS-IS” BASIS AND ZK MedTech, LLC. DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF HEALTH PRACTITIONERABILITY AND FITNESS FOR PARTICULAR PURPOSE. ZK MedTech, LLC. SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT HEALTH PRACTITIONERS ON uViiVa. IN NO EVENT SHALL MOLE CHECK ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT OR DIRECT PHYSICAL (INCLUDING DEATH), PSYCHOLOGICAL, EMOTIONAL, FINANCIAL DAMAGES ARISING FROM ANY OPINIONS OR CONTENT RENDERED BY HEALTH PRACTITIONERS. The use of uViiVa by any entity or individual to verify the credentials of Health Practitioners is prohibited.
Health Practitioners may be able to send you text, comments, or other content (“Health Practitioner Content”) via the Platform and Service. The Health Practitioner Content provided by any Health Practitioners represents the opinions and judgments of the respective independent information provider. uViiVa neither endorses nor is responsible for the accuracy or reliability of any Health Practitioner Content including any opinion, advice, or statement made on or through using the uViiVa Platform. You agree that under no circumstances will uViiVa be liable for any loss or damage caused by any Health Practitioner’s Content or your reliance on such content. It is the responsibility of you to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, including any Health Practitioner Content available through the uViiVa Platform. If you have any questions regarding Health Practitioner Content please contact your physician or healthcare provider.
When using our Platform, Site, or Service, you are responsible for your use of uViiVa, and for any use of uViiVa made using your account. You agree not to access, copy, or otherwise use uViiVa, including our intellectual property and trademarks, except as authorized by this Agreement or as otherwise authorized in writing by uViiVa. Additionally, you agree to abide by the following:
You will not copy, distribute or disclose any part of the Site, Platform, or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site, Platform, or Service;
You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or Platform to extract data;
You will not use automated bots or other software to send more messages through our Service, Site, or Platform than humanly possible;
You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
You will not collect or harvest any personally identifiable information, including account names, from the Platform, Site, or Service;
You agree not to libel, defame, stalk, harass, bully or harm another individual who uses our Site, Platform or Service;
You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
You agree that you will not hold uViiVa responsible for your use of our Platform or Site;
You agree not to violate any requirements, procedures, policies or regulations of networks connected to uViiVa;
You agree not to interfere with or disrupt the Site, Platform, or Service;
You agree not to hack, spam or phish us or other users;
You agree to provide truthful and accurate content;
You agree to not violate any law or regulation and you solely are responsible for such violations;
You will not use our Site or Platform to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;
You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site or Platform, including the de-indexing or de-caching of any portion of our Site or Platform from a thirty party’s website, such as by requesting its removal from a search engine or app store; or
You will not upload any content to our Site or Platform that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Service, Site or Platform may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but uViiVa reserves the right to suspend or terminate any account at any time without notice or explanation.
After registering for our Site or Platform, we grant you a personal, non-exclusive, revocable, limited license to use our Service, access our Site or Platform. As a user, you do not receive any ownership interest in any portion of our Site, the Platform, or any of the associated Services; you merely receive the aforementioned license listed above. If you wish to terminate this license please notify us immediately or simply delete the application from your phone or mobile device.
Please be aware that you are responsible for your use of our Site, Service, and Platform. Additionally, you agree to abide by the following licensing restrictions listed below:
You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Site or Platform or any portion of it.
You may not share your license with any other parties.
You may not violate any laws, rules or procedures of the United States.
You may not access our Site, Platform, or Service except through specific channels provided by us.
You may not use the Site, Platform, or Service on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake.
You may not sell, lease, loan, distribute, transfer, or sublicense the Service or access to the Platform or derive income from the use or provision of the Service or Platform, unless enabled by functionality created by us.
Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions, we may revoke your license to use our Site, Platform, and Service at our discretion. Additionally, we may revoke or restrict your access to our Service if we believe that your actions may harm us or any of our users. Failure by us to revoke your license does not act as a waiver of your conduct.
Your ability to submit or transmit any information through the Site, Platform, and Service, including but not limited to text, photos, images or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Service may be modified or removed at our discretion.
When submitting any User Content to our Site and Platform you represent and warrant that you own all rights to the User Content have paid for or otherwise have permission to use any User Content submitted.
When you submit any Content to us, you grant uViiVa, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your User Content. It is important for you to grant us this license so that we may transmit your User Content to other users through our Service. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your User Content through our Service.
You will be able to access the Site and Platform through your mobile device or cellphone. Please be aware that data and messaging rates may apply depending on your carrier and phone service. Please be sure to check your data plan to understand any relevant costs incurred by your use. We cannot be responsible for any fees charged by your data or cell phone carrier.
Although we will try to provide continuous Site, Platform, and Service availability to you, we do not guarantee that the Site, Platform, or any Services will always be available, work, or be accessible at any particular time. We have no obligation to provide you access to the Site, Platform, or Service. You understand and acknowledge that due to circumstances both within and outside of the control of uViiVa, access to the Platform may be interrupted, suspended or terminated from time to time. We shall have the right at any time to change or discontinue any aspect or feature of the Platform, including, but not limited to, content, hours of availability and equipment needed for access or use. uViiVa may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
Only users who are eligible to use our Site or Service may do so. We reserve the right to terminate access for anyone. We cannot guarantee that anything found on our Site, Platform, or Service will work as stated, or that it will give you the desired results. You acknowledge that, although the Internet and mobile applications are often a secure environment, sometimes there are interruptions in service or events that are beyond the control of uViiVa and that we shall not be responsible for any data lost while transmitting information on the Internet
We reserve the right to alter, modify, update, or remove our Site, the Service or Platform at any time. We may conduct such modifications to our Service for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service for security, legal or other purposes.
Please be aware that our Service and any information found within it are offered “as-is.” uViiVa does not endorse and may not verify any of its users or any User Content or Health Practitioner Content submitted by users found through the uViiVa Site or Service. You agree that any information may be inaccurate, unsubstantiated or possibly even incorrect. We cannot guarantee that using our Service or Site will result in any benefits or positive results for you. You agree to release us from any liability that we may have to in relation to your use of our Site and Service. By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from uViiVa with respect to such actions or omissions.
The design of the uViiVa Platform and Service along with uViiVa Site, created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to uViiVa, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. uViiVa reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given express written permission. All other trademarks or other intellectual property rights of third parties not owned by uViiVa that appear on the Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by uViiVa.
Once you have properly signed up for the Platform you may purchase any voucher (“Voucher”) offered via the uViiVa Platform. For any Voucher you purchase, you are agreeing to purchase such Voucher with the terms, restrictions and conditions listed in this Agreement and on the Voucher itself.
Any information contained within the Voucher or listed at the time of sale of the Voucher is not to be considered a medical consultation or diagnosis. An independent Health Practitioner from whom you have purchased the Voucher shall solely determine your ability and eligibility to use the Voucher. Once you have placed your order, you will receive a confirmation of the Voucher and your credit card or other payment mechanism will be charged for the amount of the Voucher. We will notify you by email when the Voucher is ready to be used. Please be aware that, each Voucher comes with its own set of restrictions, terms and conditions (collectively, the “Additional Terms,” whether or not they are expressly labeled as such on a Voucher). The Additional Terms may restrict things such as when or where you can redeem a Voucher, as well as other Voucher-specific limitations, so always read carefully.
Please be aware that any Voucher contains two separate portions: (a) the Paid Portion (the amount you paid) and (b) the Promotional Portion (the balance of the Voucher value above the Paid Portion). Please be aware that any Promotional Portion of a Voucher may be time-sensitive, location sensitive, or have an expiration date. The Promotional Portion of the Voucher shall expire on the expiration date listed on the Voucher. The Paid Portion of the Voucher will not expire and may be redeemed with the Health Practitioner at any time until it expires under applicable law.
Unless otherwise stated on the Voucher or required by law, the following additional terms apply to all Vouchers:
Vouchers must be redeemed in one single visit to a Health Practitioner unless expressly stated otherwise.
For multiple visit Vouchers, the Paid Portion shall be deducted first and any Promotional Portion shall be deducted second.
Vouchers have no cash value and are not refundable except as stated otherwise. Vouchers are refundable if you are a non-candidate after an in-office consultation before any services are rendered. If the services are already rendered, then the Vouchers are not refundable.
Vouchers cannot be used for taxes, tips, or prior balances.
Neither uViiVa nor the Health Practitioner is responsible for lost or stolen Vouchers or Voucher reference numbers.
You may not duplicate, resell, transfer, or otherwise modify any Vouchers
Vouchers may not be combined with any other discounts or coupons.
The Health Practitioner is the issuer of the Voucher and is solely responsible for redeeming the Voucher. The Health Practitioner is also solely responsible for the products and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers. You hereby irrevocably waive all rights related to, and release uViiVa and its subsidiaries, affiliates, partners, officers, directors, employees and agents from, any liabilities arising from or related to any act or omission of a Health Practitioner in connection with your use of a Voucher or the services or products the Health Practitioner has provided. Some Vouchers are not available for purchase beyond certain geographical and jurisdictional boundaries.
As the Platform may contain many offerings from Health Practitioners, it is possible that some of the products listed may be incorrectly priced, improperly labeled, or may be unavailable. uViiVa strives to provide accurate pricing information regarding the products and services available on the Site. We cannot, however, insure against pricing errors. uViiVa reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, uViiVa will notify you by email. In addition, uViiVa reserves the right, at its sole discretion, to correct any error in the stated full retail price. uViiVa reserves the right, in its sole discretion, to exclude or otherwise limit the sale of Vouchers.
When purchasing any Vouchers users will be prompted to input your credit card information or to pay using the payment methods as available through the Site. You agree that we may charge full amount listed at checkout to your credit card or other payment method including taxes and fees. Your payment information will be shared with our third party payment processor. By purchasing anything from our Site you also agree to the terms and conditions of our third party payment processor. Please be aware that all payment information will be stored and secured by the payment processor and not us.
Vouchers are refundable if you are a non-candidate after an in-office consultation before any services are rendered. If the services are already rendered, then the Vouchers are not refundable. If a refund is available, such refunds may be issued by uViiVa and not the Health practitioner and you must contact us directly for a refund.
THE SITE, PLATFORM, AND SERVICE, INCLUDING, WITHOUT LIMITATION, OUR CONTENT, USER CONTENT, OR HEALTH PRACTITIONER CONTENT IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER ZK MedTech, LLC., NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE, PLATFORM, OR WEBSITE; (B) ANY USER CONTENT OR HEALTH PRACTITIONER CONTENT; (C) OUR CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO uViiVa OR VIA THE SERVICE. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF HEALTH PRACTITIONERABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
uViiVa DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. uViiVa DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE ARE ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. uViiVa DOES NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND uViiVa SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THIS AGREEMENT. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. uViiVa DOES NOT ENDORSE ANY CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT FOUND ON OR THROUGH uViiVa.
YOU AGREE THAT THE uViiVa PLATFORM IS MEANT FOR ONLY GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. IN NO EVENT SHALL uViiVa, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT (INCLUDING DEATH), PSYCHOLOGICAL,EMOTIONAL, INDIRECT, INCIDENTAL, FINANCIAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE WEBSITE OR OUR SERVICES OR ANY ERRORS, MISTAKES, OR INACCURACIES OF OUR CONTENT, USER CONTENT, OR HEALTHCARE CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, PLATFORM OR SERVICE, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) YOUR INTERACTIONS WITH ANY HEALTH PRACTITIONER OR ANY FAILURE OF ANY HEALTH PRACTITIONER INFORMATION LISTED ON OUR SITE OR PLATFORM, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL , (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR (VII) ANY ERRORS OR OMISSIONS IN OUR SITE OR SERVICE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SITE , PLATFORM, OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION .
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
YOUR ABILITY TO USE OUR SERVICE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. WHERE REQUIRED, uViiVa’S LIABILITY IN CONNECTION WITH YOUR USE OF THE uViiVa PLATFORM, SITE OR SERVICE SHALL NOT EXCEED ONE-HUNDRED USD OR THE TOTAL AMOUNT PAID BY THE USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, WHICHEVER IS GREATER. Remedies under this Agreement are exclusive and are limited to those expressly provided for in this Agreement.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, 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.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOU RELEASE US FROM ANY LIABILITY RELATING TO ANY USER CONTENT, HEALTH PRACTITIONER CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST US OR ANY SUCH THIRD PARTIES.
uViiVa shall have the right, but not the obligation, to monitor any User Content of the uViiVa Platform at all times, including any chat rooms and forums that may hereinafter be included as part of the Platform, to determine compliance with this Agreement and any operating rules established by us. Without limiting the foregoing, uViiVa shall have the right, but not the obligation, to remove any material that uViiVa in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You agree to defend, indemnify and hold harmless uViiVa, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
your use of and access to the uViiVa Site and Service;
your interactions with Health Practitioners;
your violation of any term of these Terms of Service;
your violation of any third party right, including without limitation any copyright, property, or privacy right; or
any claim that you have improperly used a third parties’ information.
This defense and indemnification obligation will survive this Agreement and your use of the uViiVa Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously, and we have registered a Registered Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:
The name of the party whose copyright has been infringed, if different from your name.
The name and description of the work that is being infringed.
The location on our website of the infringing copy.
A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of uViiVa, info@uViiVa.com.
uViiVa and its Services may only be used by persons 18 years and older. If you are under 18 please stop using our Site and Service and please do not submit any information to us.
By using this Site, you agree that: (1) any claim, dispute, or controversy you may have against us, Mole Check App, Inc., or the Site, Platform, or Service arising out of, relating to, or connected in any way with this Agreement shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the claim or dispute must be brought within one (1) year of the first date of the event giving rise to such action and the arbitration shall be held in Raleigh, North Carolina, or at such other location as may be mutually agreed upon by you and ZK MedTech, LLC, Inc.; (3) the arbitrator shall apply North Carolina law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or ZK MedTech, LLC individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) both parties will bear their own costs of representation and filing for the dispute; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor ZK MedTech, LLC. shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with uViiVa are deemed to conflict with each other’s operation, you agree that uViiVa shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. The section headings used herein are for convenience only and shall be of no legal force or effect.
We may terminate your use and access to our Site, Platform, and Service if you have breached this Agreement, we determine in our sole discretion that your actions may harm uViiVa, or for any other reason without notice. You agree that we are not required to provide you with access to our Site and Service and may terminate our Site and Service at any time and for any reason. Please be aware that if we terminate service, you must cease using our Site, Service, or Platform immediately. You may terminate this Agreement and your license by simply deleting the Platform or by notifying us in writing that you no longer wish to use the Platform, Site, or Service. Any outstanding payments due and owning by you must be paid in full before terminating this Agreement. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. In order to continue using our Site, Platform, or Service you will have to agree to these new amendments. You may refuse to agree to the amendments, but if you do so, you must immediately cease using our Site, Platform, or Service.
The communications between you and uViiVa use electronic means, whether you visit the Site or Service, via text or e-mails, or whether uViiVa posts notices on the Site or Service or communications with you via e-mail or text. For contractual purposes, you (1) consent to receive communications from uViiVa in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that uViiVa provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
When you use the uViiVa, you agree that uViiVa may send you automatically via e-mail, text, or mobile telephone reminders that contain protected health information as defined under HIPPA. You understand and agree that by using these features, you are opting into receiving your own protected health information by email, SMS or mobile telephone notification, which is not secure.
The Service and the underlying information and technology may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Platform, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
This Agreement is entered solely into between you and ZK MedTech, LLC, owner and operator of uViiVa Platform. Although our Platform may be available for download in the Google Play Store (“Google”) or the iTunes Store (“Apple”), neither Google nor Apple are a party to this Agreement and shall have no obligations with respect to the uViiVa Application. ZK MedTech, LLC. is solely responsible for the uViiVa and the content thereof as set forth hereunder. However, Google and Apple are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple or Google shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple and Google, for purposes of which, you are “the end-user.” In the event of a conflict in the Terms of the Licensed Application End User License Agreement and this Agreement, the Terms of this Agreement shall control.
You may be able to visit third party websites from our Site or Platform. uViiVa does not endorse or otherwise represent that such third party sites will be error free or harmless. Location data provided by the uViiVa Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage
The following sections apply to any Health Practitioners who wish to use the Platform and sell Vouchers via the Platform. Any Health Practitioners wishing to use the Platform shall be required to sign up and create an account. Health Practitioner may be required to submit additional information at the time of sign up, including but not limited to credential, licensing, and other professional information. uViiVa has the sole discretion in granting Health Practitioners access to the Platform.
For the purposes of this Agreement, the relationship between uViiVa and Health Practitioners is that of a limited payment agent. uViiVa shall collect payments for the Vouchers and shall remit payment to Health Practitioners after such payment from the user is received minus any fees. All payments for Vouchers may be held for a period of time before they are released to Health Practitioner. Health Practitioner agrees that as a limited payment agent, uViiVa may accept payments from users and manage payments received for any Vouchers. Both the Health Practitioners and uViiVa agree that no other agency relationship is formed between uViiVa and Health Practitioners. Except as expressly stated otherwise, Health Practitioners agrees that it is not an independent contractor, partner, joint venture, franchisee, agent, or employee of uViiVa. Health Practitioners agrees that it shall not misrepresent its relationship with uViiVa to any third parties.
Once payment for any Vouchers has been received uViiVa shall hold such payments for a reasonable period of time to verify and confirm payment. After such time period, Health Practitioner shall be issued payment in the method provided for by uViiVa. uViiVa shall deduct an administrative fee from all payments made to Health Practitioner. uViiVa reserves the right to change and alter any fees at any time. For more information regarding uViiVa’s fee and commission structure please contact uViiVa at info@uViiVa.com.
In the event of any chargebacks by any users, Health Practitioner agrees that we may deduct any chargeback amount from any incoming payments held by uViiVa for Health Practitioner. Additionally, uViiVa may invoice Health Practitioner for such outstanding balances that are owed due to any chargebacks.
In order for uViiVa comply with US tax laws, Health Practitioners may be required to submit W-9 forms or other tax documents. Health Practitioner agrees to comply with any requests to submit any tax documentation, as requested by uViiVa. Health Practitioner agrees that uViiVa cannot and will not provide Health Practitioner with any tax advice, any such questions should be directed to Instructor’s tax attorney or other tax professional.
Health Practitioners are responsible for any Health Practitioner Content posted on the Platform. uViiVa shall not be responsible for any Health Practitioner Content posted. However, uViiVa reserves the right to remove, edit, modify, or delete any Health Practitioner Content. Additionally, uViiVa is not required to host any Health Practitioner Content and shall have no liability to Health Practitioner for removing, disabling, deleting, or modifying any Health Practitioner Content provided.
THIRD PARTY COOKIES These are cookies set by external websites whose services are used on our website. Third party cookies are the sharing buttons across the site which allow visitors to share content onto social networks like Pinterest, Twitter, and Facebook. In order to implement these buttons and connect them to the relevant social networks and external sites, there are scripts from domains outside of our website. These sites are likely collecting information about what you are doing all around the internet, including on this website. Look into the policies of each respective third party site to see how they use your information, as well as how to opt out, or delete, such information.