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Welcome to MyZiva.com. The information provided on MyZiva.com 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 and among your nursing facility(s), its employees (together, referred to as “Subscriber”) and MyZiva, LLC (referred to as “MyZiva”). 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.com. 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 MyZiva, LLC. When we refer to ourselves as “we” or “MyZiva,” we mean our company, including any affiliate or subsidiary we control (for example, a subsidiary we own). We may share information among our affiliates or subsidiaries that we own or control, but it is always protected under the terms of our Privacy Policy.
Acceptance Procedure
By accessing or using materials on our Web site or registering with MyZiva.com you agree with all of the terms and conditions of this Agreement. You agree to indemnify, defend and hold harmless MyZiva, LLC, its officers, directors, employees, shareholders, subsidiaries, divisions, affiliates, agents, representatives, suppliers and third-party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, 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 site 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.
Scope of Subscription
ACCESS TO MYZIVA.COM IS LIMITED TO THE SUBSCRIBER NURSING FACILITY AND ITS STAFF. The Subscription may not be transferred, sold, assigned, licensed or otherwise conveyed by Subscriber to any other party, related entity or related facility without the prior written consent of MyZiva. Transfer of the Subscription to another facility or network may only be made following payment of the then-current subscription fee. Subscriber may not grant sub-leases, licenses or other rights to MyZiva.com to others. Subscriber agrees not to transfer possession of MyZiva.com or any copy of MyZiva.com or any information available thereon to anyone.
Use of Information
No medical or health advice will be provided or hosted on this Web site. The information or advice that is offered on this site should not be considered medical guidance or professional advice. It is understood by the site's members that the information contained on the site is to serve as a guide and basis of comparison, but not as the sole basis on which specific conduct should be based.
No legal advice will be provided or hosted on this Web site. The information provided is not intended to be substantive advice or an opinion on any specific fact or circumstance. All information provided is of a general nature and is not intended to address individual circumstances.
MyZiva, LLC, its subsidiaries, divisions, affiliates, agents, representatives, shareholders and licensors assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services or other material on this site. Your use of this site is subject to the additional disclaimers and caveats that may appear throughout these Terms of Use, the Privacy Policy and the MyZiva.com Web site.
Use at Own Risk
SUBSCRIBER’S USE OF MYZIVA.COM IS AT ITS OWN RISK. THE CONTENT OF MYZIVA.COM AND OTHER MATERIAL OR INFORMATION CONTAINED ON OR MADE AVAILABLE THROUGH MYZIVA.COM CANNOT REPLACE OR SUBSTITUTE FOR THE SERVICES OF TRAINED AND LICENSED PROFESSIONALS IN ANY FIELDS, INCLUDING, BUT NOT LIMITED TO, FINANCIAL, MEDICAL OR LEGAL MATTERS. NEITHER MYZIVA, NOR ANY OF ITS EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR SUPPLIERS SHALL BE LIABLE TO SUBSCRIBER OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES THAT MAY RESULT FROM ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED THROUGH MYZIVA.COM OR ANY RELATED SITE, INCLUDING BUT NOT LIMITED TO ECONOMIC LOSS, INJURY, ILLNESS OR DEATH. IF SUBSCRIBER OR USER IN SUBSCRIBER’S FACILITY/ORGANIZATION REQUIRES LEGAL ADVICE OR OTHER PROFESSIONAL ASSISTANCE, EACH SUCH USER SHOULD ALWAYS CONSULT HIS/HER/ITS OWN LEGAL OR OTHER PROFESSIONAL ADVISORS AND DISCUSS THE UNIQUE AND SPECIFIC FACTS AND CIRCUMSTANCES THAT APPLY TO THE USER.
Limited Warranty
MyZiva warrants that MyZiva.com is not defective and shall operate substantially in accordance with the functional specifications. If during the subscription period, a defect in MyZiva.com appears, Subscriber shall document the defect and send the documentation to MyZiva and MyZiva shall correct the defect. Subscriber agrees that MyZiva’s correction of any defect constitutes its sole and exclusive remedy for breach by MyZiva of this Agreement.
MYZIVA.COM CONTAINS INFORMATION, FACTS AND OPINIONS FROM VARIOUS INDIVIDUALS AND ORGANIZATIONS. MYZIVA.COM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WHETHER BY COMMON LAW, STATUTE, REGULATION, CONDUCT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. MYZIVA DOES NOT ENDORSE NOR IS IT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON MYZIVA.COM.
No Other Warranties
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. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYZIVA AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO MYZIVA.COM AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
Limitation of Liability
MYZIVA’S CUMULATIVE LIABILITY TO SUBSCRIBER OR TO ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE SUBSCRIPTION CHARGES PAID BY SUBSCRIBER FOR ACCESS TO AND USE OF MYZIVA.COM.
Special Damages
UNDER NO CIRCUMSTANCES WILL MYZIVA, ITS SUBSIDIARIES, AFFILIATES, DIVISIONS OR ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD PARTY SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO THE PROVISION OF MYZIVA.COM TO SUBSCRIBER INCLUDING BUT NOT LIMITED TO ECONOMIC DAMAGES OR LOST PROFITS REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN OR PREVENTED BY MYZIVA.
Proprietary Rights
Subscriber acknowledges and agrees that MyZiva consists of proprietary property of MyZiva protected under United States copyright law, trademark law and other laws of general applicability. Subscriber further agrees that all right, title and interest in and to MyZiva.com are and shall remain with MyZiva. This Agreement does not convey to Subscriber an ownership interest in or to MyZiva.com but only a limited right of access and use, revocable in accordance with the terms of this Agreement.
Copyright Ownership
MyZiva owns and/or licenses the information on each of the MyZiva 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 materials to your personal or handheld computer for later reading and even print a reasonable number of copies of pages for yourself or colleagues in the Subscriber facility(s). 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 this MyZiva Web site may infringe on your copyright or that of another, please provide detailed written notice of such possible infringement to MyZiva, LLC, 1111 Marcus Avenue, Suite LL08, Lake Success, NY 11042 or send a detailed e-mail message identifying and describing such materials to info@zivacontinuum.com, 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
MyZiva 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 MyZiva actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
Member Contributions
By submitting any materials to the MyZiva.com Web site, you automatically grant or warrant that the owner of such materials has clearly given MyZiva the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such materials (in whole or part) worldwide and/or to incorporate them in other works in any form, media or technology now known or later developed. Any communication or material you post or transmit is and will be treated as non-confidential and non-proprietary, subject to the terms of our Privacy Policy. You assume full responsibility for anything you post or transmit, and you grant MyZiva the right to edit, copy, publish and distribute any information or content you post or transmit for any purpose.
Sponsorships and Advertising
Subscriber understands that paid sponsorships and advertising are used to supplement the information and materials offered by MyZiva. MyZiva is not responsible for the content, advertising, products or other materials made available through any third-party with respect to any such materials that are distributed by or through the MyZiva Web sites. MyZiva is not responsible for the availability or content of any third-party sponsor’s or advertiser’s site to which any MyZiva site links. In all cases involving materials distributed through the MyZiva sites, the disclaimers, limitations of liability and other provisions of these terms and conditions shall apply. With respect to any other content, goods or services available on any third-party site, under no circumstances will MyZiva be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused by Subscriber in connection with the use by Subscriber of, or reliance on, any such materials. Subscriber should direct any and all concerns to such third-party.
Linking
Our Web site may contain links or references to other Web sites maintained by third parties over which MyZiva 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 MyZiva has no control. We make no warranties or representations of any kind as to the accuracy, timeliness 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 MyZiva.
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 MyZiva, 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, 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
MyZiva, LLC controls the MyZiva 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 MyZiva 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 MyZiva 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. MyZiva 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. MyZiva 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. MyZiva reserves the right to alter or delete materials from this Web site at any time at its discretion.
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 MyZiva shall have no obligation of any kind with respect to such information. MyZiva 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 MyZiva 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.com.
Revision Date: These Terms of Use were last updated on September 1, 2005.
ADDITIONAL TERMS OF USE OF FACILITY FOCUS
Termination: Right to Reject
MyZiva may terminate Subscriber’s Facility Focus listing at any time without prior notice to Subscriber. MyZiva also reserves the right to reject, suspend and/or delete Subscriber’s Facility Focus listing, or any portion thereof, in its sole discretion, should MyZiva deem the informational content unfit for posting or in possible violation of law. No refund will be provided to Subscriber regardless of the term of suspension. Any refund will be granted only at MyZiva’s sole discretion.
Content: Prohibited Conduct
Our Subscribers are expected to use the Facility Focus listing with respect, courtesy and responsibility, giving due regard to the rights of other Subscribers and Internet users as well as all federal and state laws and regulations. Common sense is the best guide as to what is considered acceptable and appropriate use of the MyZiva’s products and services.
The following are examples of material and uses that are unacceptable, and are by no means intended to be exhaustive:
a. Material prohibited by law or regulations
b. Material protected by Copyright/Copyright Infringement
c. Material protected by Trademark/Trademark Infringement
d. Material protected by Trade Secret
e. Threatening or obscene language or material
f. Discriminatory material
g. Material violating the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the Standards for Privacy of Individually Identifiable Health Information (the Privacy Rule), including photographs of residents (past or current) posted without first obtaining a signed HIPAA-compliant Authorization
h. Adult content/pornography
i. Consumer fraud or any other fraudulent conduct, including a misrepresentation or misleading statement
j. Unethical marketing practices
k. Tortious conduct/interference with a business relationship or contract
l. Links to Web sites in contravention of any of the above
MYZIVA RESERVES THE RIGHT TO DETERMINE WHAT CONSTITUTES ABUSE.
MYZIVA RESERVES THE RIGHT TO REFUSE, CANCEL OR SUSPEND SUBSCRIBER’S FACILITY FOCUS AT MYZIVA’S SOLE AND ABSOLUTE DISCRETION.
URL/IP Address Ownership
When MyZiva assigns Subscriber a URL or IP (Internet Protocol) address for Subscriber’s use and distribution, the right to use that address shall belong only to MyZiva, and Subscriber shall have no right to use or distribute that address except as permitted by MyZiva in its sole discretion in connection with its products and services. MyZiva shall maintain and control ownership of all such URL and IP numbers and addresses, and MyZiva reserves the right to change or remove any and all such numbers and addresses in its sole and absolute discretion.
Facility Focus Structure
MyZiva maintains absolute discretion to alter the structure of the Facility Focus listing environment, including but not limited to changes to topic headings, menu options or otherwise, at any time, without prior notice to the Subscriber.
Indemnification
Subscriber assumes full responsibility for the content of all information and material, including photographs and images, used to populate Subscriber’s Facility Focus listing. Subscriber will indemnify, defend and hold MyZiva and its officers, directors, shareholders, employees, agents, representatives, affiliates, divisions and subsidiaries harmless from and against any and all costs, liabilities, losses and expenses, including but not limited to reasonable attorneys’ fees, resulting from or arising out of any claim, suit, action, arbitration or proceeding brought by a third party or entity against MyZiva, its officers, directors, shareholders, employees, agents, affiliates, divisions and/or subsidiaries arising out of but not limited to (i) a violation of any acceptable use policy contained in the Agreement, (ii) a breach or alleged breach by Subscriber of any of its representations, warranties, covenants or obligations, (iii) infringement or misappropriation of any intellectual property rights, including but not limited to patent, copyright, trade secret, trademark rights and/or licenses, (iv) injury caused by any negligence or willful misconduct of Subscriber, (v) violation of federal or state privacy laws and regulations or (vi) use of the Subscriber’s own services or products.
Limitation of Liability
MyZiva shall not be responsible or liable for failure, interruption or delay in listing Subscriber’s Facility Focus or for transmission difficulties. MyZiva shall not be responsible for system corruption, deletion of Facility Focus listing content, downtime, crashes or loss of data.
Privacy
Subscriber is solely responsible for providing the appropriate notice to, as well as solely responsible for obtaining the proper and appropriate authorization and consent from, both current and past patients and residents prior to the Subscriber’s inclusion of personal information, photographs or images protected by federal and state law or regulation in the Facility Focus listing, including those authorizations and consents mandated by the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the Standards for Privacy of Individually Identifiable Health Information (the Privacy Rule).
MYZIVA DISCLAIMS ALL RESPONSIBILITY FOR THE CONTENT OF THE SUBSCRIBER’S FACILITY FOCUS LISTING. SUBSCRIBER IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE FEDERAL AND STATE LAWS AND REGULATIONS RELATING TO THE PRIVACY OF INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION.
MyZiva Identification
MyZiva reserves the right to place phrases, icons, images, Web site links, photographs or any other material otherwise identifying MyZiva or its affiliates on or within any page of Subscriber’s Facility Focus listing.
MyZiva Marketing
Subscriber grants MyZiva permission to (i) display Subscriber’s Facility Focus listing at product demonstrations, seminars, conferences and training classes; and to (ii) display, print or otherwise publish and distribute Subscriber’s Facility Focus listing in MyZiva sales collateral or materials.
SUBSCRIBER WARRANTS THAT IT HAS THE RIGHT TO USE ALL INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ASSOCIATED WITH AND POSTED OR OTHERWISE DISPLAYED ON ITS FACILITY FOCUS LISTING, INCLUDING BUT NOT LIMITED TO COPYRIGHTS OR TRADEMARKS, AND HEREBY GRANTS MYZIVA THE RIGHT TO USE SUCH COPYRIGHTS AND TRADEMARKS FOR THE PURPOSES OUTLINED IN THIS TERMS OF USE.
Revision Date: These Terms of Use were last updated on September 1, 2005.
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