The following terms constitute an agreement between You and Diya Health, Inc. (“Diya Health”), the operator of mydiya.org, diyahealth.org, and any of our other mobile or web services, applications, application programming interfaces, or platforms that we make generally available to our customers (the “Site”). This agreement governs Your use of the Site, both as a casual visitor and a registered member as described below.
By accessing or using the Site, You agree to be bound by the terms of this Agreement. To the extent You register on the Site as a member, then in addition to the terms that are applicable to all users of the Site, the terms that apply only to members shall apply to You too. You ” and “ Your ” means and refers to the person(s) or legal entity (whether the company, organization, educational institution, or governmental agency, instrumentality, or department) that has accepted this Agreement under its own member account and that is using the Diya Health Site or otherwise exercising rights under this Agreement.
To become a member and access the area on this Site reserved for members (the “Member Area”), Diya Health requires that You are either a (a) diagnosed patient of the particular community You are joining or a parent or legal guardian acting for such a patient who is under 18 years of age or incapacitated, (b) caregiver for a patient eligible to join such community, (c) health care professional (e.g. doctor, nurse, health researcher, etc.), (d) guest with legitimate, non-commercial reasons to participate in the community and who agrees to respect the privacy and preserve the dignity of all community participants (e) guest as authorized by a Diya Health member or employee.
Children under the age of 13 are prohibited from registering as members. By registering as a member You represent that You are age 13 or older.
All of the material provided on the Site, such as text, treatments, dosages, outcomes, charts, patient profiles, graphics, photographs, images, advice, messages, forum postings, and any other material provided on the Site are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding Your health. Never disregard professional medical advice or delay in seeking it because of something You have read on this Site.
If You think You may have a medical emergency, call Your doctor or 911 immediately. Diya Health does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Diya Health, by persons appearing on the Site at the invitation of Diya Health, or by other members is solely at Your own risk.
Members shall not post or upload any information or other content on the Site that (a) is false, inaccurate or misleading; (b) is obscene or indecent; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) is defamatory, libelous, threatening, abusive, hateful, or contains pornography. Members shall not interfere with other members’ use and enjoyment of the Site (for example, by harassing, threatening, soliciting, overly promoting personal interests, or stalking another participant of a chat room, forum, seminar, or threaded message, including the use of expressions of bigotry, racism, hatred, or profanity). Members may not use the Site to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.
All members represent and warrant that the information they provided when registering as a member, and all information that they subsequently provide regarding themselves and their membership, is true and accurate and not misleading.
You may not use any robot, spider, scraper, or other automated means to access the Site or content or services provided on the Site for any purposes. You may not post content on the Site that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the Site unavailable through denial-of-service attacks or similar means. You shall not use contact information provided by members, or collect information about our members, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others use of Your membership account to take such actions.
While some community areas in the Member Area are monitored periodically for topicality, Diya Health has no obligation to prescreen postings and is not responsible for their content. We encourage You to notify us of inappropriate or illegal content and we reserve the right to remove postings for any reason.
You agree not to disclose to any person or entity personally identifiable information about other members that You encounter while using this Site (whether posted in the Member Area by a member or emailed to You by a member) without the express consent of such member. You may disclose information of a general nature (that could not identify the member who provided such information or whom such information is about) to third parties outside this Site, subject to the above restriction on non-commercial use.
If You are a copyright owner or an agent thereof and believe that any User Submission or other content at this Site infringes upon Your copyright, You may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Site; (iii) a description of the location on the Site of the allegedly infringing material(s); (iv) Your address, telephone number, and email address; (v) a written statement that You have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If a User Submission that You submitted has been removed as a result of a notification as described above and You believe that such a User Submission or portion of a User Submission was posted lawfully, please contact us about our counter-notification procedure through which You can dispute the allegation and request re-posting of the User Submission content at issue.
DiyaH ealth’s designated Copyright Agent for notice of claims of infringement is:
Subject: Notice of claims of infringement
Only notices of alleged copyright infringement and requests about the counter-notification procedures should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Diya Health at email@example.com. You acknowledge that if You fail to comply with all of the notice requirements of the DMCA, Your notice may not be valid.
You are responsible for maintaining the confidentiality of Your member password and login, and are fully responsible for all activities that occur under Your password or account with or without Your knowledge. If You knowingly provide Your login and password information to another person, Your membership privileges may be suspended temporarily or terminated. You agree to immediately notify Diya Health of any unauthorized use of Your membership password or login or any other breach of security.
Diya Health hereby grants You a non-exclusive, non-transferable, worldwide right to access and use the Site, solely with supported browsers through the Internet for Your own internal purposes, subject to the Terms of Service. You may not permit Diya Health to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant You any right to transfer or assign rights to access or use Diya Health. All rights not expressly granted to You are reserved by Diya Health and its licensors. You further acknowledge and agree that, as between the parties, Diya Health owns all right, title, and interest in and to Diya Health, including all intellectual property rights therein.
Nothing in this Agreement will impair Diya Health's right to develop, acquire, license, market, promote, or distribute products or technologies that perform the same or similar functions as, or otherwise compete with, Licensed Applications, Covered Products, or any other products or technologies that You may develop, produce, market, or distribute. Regardless of possible competitive products or technologies You develop, Diya Health will continue to provide the same service and pricing it provides to other developers.
Diya Health may contain links to other websites that are not under the control of Diya Health. The inclusion of any link does not imply endorsement by Diya Health of such site and Diya Health is not responsible for the content of such linked sites.
You agree that Diya Health may, with or without cause, immediately terminate Your Diya Health membership or limit or terminate Your access to the Member Area or the Site without prior notice. Without limiting the foregoing, the following may lead to a termination by Diya Health of a member's membership and use of the Site: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by You (self-initiated membership cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Diya Health has no obligation to maintain, store, or transfer to You information or data that You have posted on or uploaded to the Site.
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Site. We encourage You to review this Agreement periodically for any updates or changes, which will have an update effective date.
Membership with Diya Health is currently free. Diya Health Inc. reserves the right to from time to time change the terms of this Agreement and charge for membership and/or to provide additional optional services for a fee.
The Site and the content and services made available on the Site are provided on an “as is” and “as available” basis. Diya Health does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to the Site, the Site content, or any advice or services provided through the Site to the extent permitted by law. Diya Health does not warrant that access to the Site or its content or services will be uninterrupted or error-free or that defects in the Site will be corrected. The advice, recommendations, information, and conclusions posted or emailed by other members of the Site are not in any way vetted, approved or endorsed by Diya Health, and You use such information at Your own risk.
Under no circumstances shall Diya Health, its partners, contributors, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, or consequential damages (even if it has been advised of the possibility of such damages) due to Your use of this Site or due to Your reliance on any of the content contained or the services provided on the Site.
You agree to indemnify and hold harmless Diya Health, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, Your violation of this Agreement.
If You register as a member, You agree that Diya Health may send notices to You by email at the email address You provide when registering to become a member (or which You later update using the functionality of the Site).
This agreement shall be governed by the laws of the state of California and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with membership in or use of the Site, shall be litigated exclusively in the state and federal courts residing in the state of California, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the state of California.
Diya Health and myDiya logo are trademarks of Diya Health. You agree not to display or use these trademarks in any manner without Diya Health's prior, written permission. Diya Health may assign this agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this agreement. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect. For any questions or comments, or to report violations of this agreement, let us know, or contact us at:
Subject: User agreement Issues