Terms & Conditions
Last updated: January 18, 2023
Please read these Terms & Conditions (“Terms”, “Terms & Conditions”) carefully before using the http://elana.health website (the “Site”) (the “Service”) operated by Elana, Inc. (“Elana”, “us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
If you have a medical or other emergency, immediately call your doctor or dial 911 or your other local emergency assistance line. The Service is an interactive online service, which provides general information and content, as well as access to third party professionals who may offer independent services (“Professionals”). The Service does not, and is not intended to, replace your relationship with any practitioner or service, and the Service does not provide medical advice, care, diagnosis, or treatment. None of the content on the Service’s website or platform should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you. It is your responsibility to evaluate the accuracy, completeness, and usefulness of any information or content available through the Service, and you should seek advice from professionals (including your own physician or medical care provider) regarding any information, opinion, advice and other content you obtain through the Service. Under no circumstance will Elana be held responsible for any loss or damage caused by your reliance on information or other use of the Service, including but not limited to any products and/or services obtained through third parties, as further detailed in these Terms.
SERVICE DESCRIPTION and LICENSE TO USE
The service provides individuals (“Members”) accessing it, general educational information on a variety of health and wellness related topics (“Content”), a directory for finding a potentially suitable women’s health specialist (“Providers”), and depending on Member’s subscription plan, the ability to track certain information. The service contains sections that are only available to registered Members of the Elana Service and sections only available for paid subscription plan members. Neither Elana nor any of its officers, directors, employees, or other agents provide medical care nor any other licensed profession through the Service, and does not interfere with the practice of medicine or any other licensed or not-licensed profession by Providers or other third parties, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license.
We hereby grant you a limited, terminable, non-exclusive right to access and use the Site only for your personal use. This limited license authorizes you to view material on the Site and obtain Services solely for your personal, noncommercial use. Except as expressly stated in these Terms, we (and our third-party content providers, if any) reserve all rights to all materials and information on the Site, including, without limitation, written content, graphical and design elements (including the Site’s “look and feel”), and service marks and trademarks. You may not sell, transfer, or assign any information, content, products, or services provided by us to any third party without our express written consent. You may not copy, modify, alter, or excerpt (or encourage or help others to copy, modify, alter, or excerpt) any content made available through the Site. You may not use (or encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms or by applicable law. You acknowledge and agree that these Terms in no way convey any right, title, or interest to you in any materials on the Site, including, without limitation, any statutory or common law copyright, patent or other intellectual property right in such materials.
Eligibility and Registration
You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to create an account with us or use the Site and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only under the supervision of your parent or legal guardian who has agreed to these Terms & Conditions. Those under the age of 13 may not use the Site or Services.
If you do not qualify under these Terms & Conditions, do not use the Site or Services. Use of the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms & Conditions. The Site is administered in the U.S and users are responsible for compliance with any local, state, or federal laws applicable to their use of the Services or the Site.
To use the Site and obtain Services, you must create an account and become a Member. In order to create an account, you will need to provide your name, email, and date of birth. You must provide us with true and accurate registration information. We will not share your registration information with third parties, except as necessary to provide Services you request or otherwise with your permission. Upon account registration, we will assign you a username and password. You may not share your account information or credentials with anyone else, and you will be responsible for the actions of anyone who obtains your username and/or password and uses them to access the Site or obtain Services. You must notify us immediately of any unauthorized use of your username and password.
The Service and its original content, features and functionality are and will remain the exclusive property of Elana and its licensors.
We respect the rights of all copyright holders. If you believe your work has been copied in a way that constitutes copyright infringement, contact us at email@example.com, and provide the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512: (i) signature of a person authorized to act on behalf of the owner of the allegedly infringing work; (ii) identification of the work claimed to have been infringed and information reasonably sufficient to permit us to locate the material on our Service; (iii) contact information of the complaining party; (iv) a statement that the complaining party has a good-faith belief that use of the material is not authorized by the copyright owner; and (v) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the allegedly infringed work.
Links To Other Websites
Our Service may contain links to third-party web sites or services, which may offer various other products and/or services, and that are not owned or controlled by Elana.
Elana has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. Elana cannot ensure users will be satisfied with any products and/or services obtained through such third parties, and does not endorse any such products, services, or third-party providers. Elana does not prescreen content or products found on such third-party websites, and you are encouraged to evaluate, and bear all risks associated with, the use and usefulness of, and reliance upon content found on and services provided through such third-party sites.
You acknowledge and agree that Elana does not make any representations or warranties related to your use of any third party materials services nor related to any products or services obtained through third parties. You further acknowledge and agree Elana shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. Any dealings you have with such third parties are between you and the third party, and you acknowledge and agree that Elana is not liable for any loss or claim you may, at any time, have against any such third party nor shall Elana be required to become involved in any dispute between you and any third party.
We strongly advise you to read the terms and conditions and privacy policies of third-party web sites or services that you visit.
Termination and Rules of Conduct
Elana and its officers, directors, and other agents are the sole interpreter of the Elana platform and the rules of conduct detailed herein. Elana may, in its sole discretion, terminate or suspend a Member’s access immediately, without prior notice or liability, for breaching any of the Terms or violating any of the rules of conduct detailed herein, and for any reason whatsoever.
Members are prohibited from violating or attempting to violate the security of the Elana platform, including but not limited to: (i) accessing data not intended for such Member or logging into a server or account which the Member is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without written authorization from Elana; and (iii) attempting to interfere with service provided to any other Member. In addition to other penalties, violation of this section may result in civil or criminal liability, and Elana may investigate occurrences, and cooperate with law enforcement authorities in prosecuting anyone involved in such violations.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
USER GENERATED CONTENT
The Service may contain profiles, information exchange platforms, and other interactive features. Elana may, from time to time and in its sole discretion, request or permit you to submit, upload, and otherwise publish text, audio, and/or visual content, including commentary and feedback to other users (“User Generated Content”). In addition, Elana may, from time to time and in its sole discretion, permit you to view the User Generated Content of other users, including other Members and Practitioners.
Except as otherwise detailed herein, you own the User Generated Content that you submit or post through the Service, and grant Elana a non-exclusive, perpetual, irrevocable, worldwide, transferable and sub-licensable license and right to use, copy, modify, distribute, publish, and process information and User Generated Content you provide, without any further consent, notice and/or compensation to you or others, provided, however, that such use shall comply with applicable laws.
You agree, represent, and warrant that your User Generated Content: (i) does not violate any law; (ii) does not violate or infringe upon the copyrights, patents, trademarks, service marks, trade secrets, or other intellectual property and proprietary rights of any person or entity; (iii) is not defamatory, abusive, harassing, threatening, impersonating, or intimidating to any other person or entity; (iv) is not libelous, threatening, obscene, pornographic, hateful, or could give rise to any civil or criminal liability under U.S. or international law; (v) does not include any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties; and (vi) does not include URLs or links to websites or other platforms that compete with Elana and its Services.
Elana reserves the right to: (i) remove or refuse to post User Generated Content for any or no reason in our sole discretion; (ii) take any action with respect to User Generated Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Generated Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, or which could otherwise create liability for Elana; and (iii) disclose information about you to any third party who claims that material posted by you violates their rights.
You agree that Elana may use your name, trademark, service mark, logo, trade dress and other identifiers for marketing and promotional purposes without additional compensation.
You understand and acknowledge that you are responsible for User Generated Content submitted by you and others using your account credentials, and you acknowledge and agree that you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Submissions and opinions that are User Generated Content are those of the individuals or entities expressing such submissions or opinions, and do not reflect Elana’s opinions. Elana is not responsible or liable to any third party for User Generated Content.
If you believe that any content on the website infringes copyrights you own, please provide Elana written notice in accordance with the Notice and Communications provision below.
TYPES OF USERS
We created Elana to increase Members’ knowledge of and experience with healthcare, starting with pelvic health issues, and we strive to create an exceptional user experience. While we work hard to make that happen, you acknowledge that we have no control over, and no duty to take any action regarding: (a) which members gain access to the Site and/or the Services, (b) what Content you access, (c) what affects the Content may have on you, (d) how you may interpret or use the Content, or (e) what actions you may take as a result of having been exposed to the Content. While we seek to match our members with providers that match the care style they are looking for (including, but not limited to, preferences such as: communication style, budget restrictions, tendency toward “traditional” care vs. “non-traditional” methods, treatment methods, provider credentials) we do not provide medical or healthcare services and are not liable for the healthcare decisions that you make. In addition, we do not endorse, and nothing on the Elana platform shall be deemed an endorsement of any third party, including any Providers (as defined below) or their related goods and/or services. Any suggested matches obtained through the Elana platform are intended for information purposes only and are not medical recommendations.
You release us from all liability for you having acquired, you having not acquired, or your use of Content. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services. We have no special relationship with or fiduciary duty to you.
You warrant that you are not located in, or ordinarily reside in, a country that is subject to U.S. laws and regulations preventing Elana from providing you access to the website or Services. Your location is determined by your physical location, and use of a virtual private network service, IP routing services, or other similar service for the purpose of circumventing these laws is prohibited. Furthermore, you warrant that you are not named on any government prohibited, denied, unverified-party, sanctions, debarment, or exclusion list or export-controlled related restricted party list (collectively, “Sanctions Lists”); and you agree you must and will immediately discontinue use of the Services if you are placed on any Sanctions List at any time. You also warrant you will not export, re-export, or transfer Services to an entity on any Sanctions List.
Providers and Professionals
In addition to providing Services to our Members, licensed and/or unlicensed health care providers or other professionals may also use and access the Elana Site (“Providers”). Such use includes but is not limited to being listed as a practitioner or other provider on the Elana directory or featured as a third party professional and providing access to such third party’s independent website and services.
To be approved as a Provider or Professional on the Site, Providers must acknowledge and accept the following Provider Pledge. Providers and Professionals acknowledge and agree that they: (a) are responsible for the specific regulations that apply to them based on their type of business, credentials, and practice location, including but not limited to, in the case of providing telehealth, the ability to practice with members across applicable geographical boundaries (e.g., including but not limited to state, province, and country lines); (b) must maintain proper licenses, as required by their jurisdiction, and provide proof upon request, (c) must obtain and at all times while using the Site and Service, maintain active and sufficient liability coverage for their own business or practice, and provide proof of such insurance if and when requested.
Elana reserves the right to terminate use of the Service if it is found that a Provider or Professionals is not practicing according to the Provider Pledge or fails to comply with the requirements detailed above.
The Providers and Professionals utilizing or featured on the Service are subscribers to or licensees of the Service and not employees, representatives, or agents of Elana in any way. Any opinions, advice, or information expressed by a Provider or Professional are that of Provider or Professional alone. Any opinions, advice, or recommendations do not reflect the opinions of Elana. Elana does not recommend or endorse any specific tests, providers, products, procedures, medications, devices, opinions, or other information that may be mentioned on any medium of the Service by a Provider or Professional.
The inclusion of Providers or Professionals on the Service or in any directory located on the Service does not imply recommendation or endorsement of such Provider or Professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Provider or Professional. Such information is provided on an “as-is” basis and Elana disclaims all warranties either express or implied as further detailed in these Terms. We encourage you to use your independent and sound judgment and confer with your own healthcare professional before obtaining the services of Providers or Professionals.
To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide Elana with payment information. You represent and warrant that such information is true and that you are authorized to use such payment information. Furthermore, you agree to promptly update your account information in the event of any changes. You agree to pay the amount that is specified in the payment plan, if any, and hereby authorize Elana to process payments either directly or using a payment processor. You agree to be responsible for all associated taxes.
We may make certain products, features, and services available for access or purchase (“Purchases”) on or through the Elana site. You agree to pay any applicable fees for Purchases you make, including but not limited to, applicable sales, use, and other taxes or fees. Certain products, services or features that you purchase or access via the Elana site, such as Purchases from Third-Party Providers, may be subject to additional terms and conditions presented to you at the time of such purchase or access. We may receive a commission or other compensation on some purchases made on, through, or linked from the Elana site.
Images available of third-party Products (“Third-Party Products”) may not capture the actual appearance, look and feel, specifications, or functionality of such Third-Party Products. Except for Products that specifically identify Elana as the seller, all transactions for Third-Party Products available on or through the Service shall be solely between you and the third-party Provider. If you purchase, order, or obtain Third-Party Products on or through the Service, Elana assumes no responsibility for the quality, quantity, size, character, fitness for a particular purpose, specifications, features, functionality, safety, or legality of such products, the truth or accuracy of the listings, or the ability of the third-party Provider to sell, ship, or otherwise provide such products. You agree that Elana is not responsible, and shall have no liability, with respect to any Third-Party Products available on or through the Service. In the event of any failure of a Third-Party Product to conform to any applicable warranty, you should contact the applicable Third-Party Provider for assistance.
DISCLAIMER, INDEMNIFICATION, AND LIMITATION OF LIABILITY
WE PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY MEMBERS OR PROVIDERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ELANA MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE, AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. ELANA DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
Your use of the Site, the internet in general, any materials you access via our Site and your conduct online or offline (including any interactions with third party service providers) are at your own risk.
You shall indemnify and defend Elana, and our officers, employees, and other agents against any costs, expenses (including reasonable attorneys’ fees whether arising out of a third-party claim or in enforcing this indemnification), claims, judgments, settlements and damages (including all damages awarded to third parties payable by us, but in all cases only our direct damages) arising out of, or related to, your use of the Site, Services provided by you to Members or other users, or otherwise caused by your violation of any of these Terms.
NEITHER ELANA, NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WILL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES (“NON-DIRECT DAMAGES”), OF ANY KIND, WHETHER BY CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE AND SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR LIABILITY, INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS TO YOU OR ANY OTHER PERSON FOR DIRECT DAMAGES SHALL BE LIMITED TO THE GREATER OF US $100 OR THE FEES PAID BY YOU FOR OUR SERVICES DURING THE 6 MONTHS PRECEDING THE EVENTS THAT GAVE RISE TO YOUR FIRST CLAIM AGAINST US FOR DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW EXCLUSION OR LIMITATION OF LIABILITY FOR NON-DIRECT DAMAGES, THESE LIMITATIONS SHALL APPLY TO BOTH DIRECT AND NON-DIRECT DAMAGES.
These Terms shall be governed and construed in accordance with the laws of the State of Florida, United States without regard to its conflict of law provisions. Each party irrevocably consents and agrees that any legal action, suit or proceeding against either of them arising out of, relating to or in connection with the transaction contemplated hereby or disputes relating hereto may be brought only in the courts of the State of Florida, and hereby irrevocably accepts and submits to the exclusive jurisdiction of the aforesaid courts, with respect to any such action, suit or proceeding. EACH PARTY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS.
FURTHERMORE, YOU AGREE THAT IN THE EVENT OF ANY DISPUTE OR CLAIM AGAINST ELANA YOU MAY BRING SHALL BE DONE IN YOUR CAPACITY AS AN INDIVIDUAL ONLY, AND NOT AS A PLAINTIFF, PARTY, OR CLASS MEMBER OF ANY PURPORTED CLASS ACTION.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret, or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.
Contact Us and Notice
If you have any questions about these Terms, please contact us. Any legal notices, including any notice of a claimed dispute, shall be sent notices to us by mail to: Shraybman Law, PLLC Attn: Jessica Shraybman 475 Brickell Ave., #4113 Miami, FL 33131 or by email at firstname.lastname@example.org to the attention of LEGAL. Notices to you will be sent by mail or by email to the addresses you provide when registering. Notices shall be deemed given on the day actually received by the recipient.