NOTE: For your protection and security, you must agree to this Authorization and Participation Agreement before you access Santovia’s online portal.
This Agreement governs your use of Santovia’s online portal and related websites (“Online Portal”). Use of the Online Portal constitutes your acceptance of the terms set forth in this Agreement. If you do not agree to these terms, you should immediately cease all use of, and access to, the Online Portal.
Subject to the terms and conditions of this Agreement, Santovia hereby provides you with (i) a limited, non-exclusive and terminable license to access and to use Santovia’s Online Portal solely for your personal use. Santovia will host the Online Portal and may update the functionality and Santovia User interface of the Online Portal from time to time in its sole discretion and in accordance with this Agreement as part of its ongoing mission to improve the Online Portal and your use of the Online Portal.
As part of our services, Santovia may provide you with medical related information. Except as otherwise agreed, it is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, and other information we provide in connection with our services. This Online Portal does not provide medical advice. Use of Santovia’s platform and the company services do not create a physician – patient relationship.
All of the content contained on or provided through this Online Portal, such as text, graphics, images, information, and other material ("Content"), is general in nature and for informational purposes only. Santovia does not engage in the practice of medicine. Santovia does not provide medical diagnoses and does not recommend or endorse any specific services, procedures, tests, products, or procedures referred to or opinions or information that may be contained in the Content for your particular circumstances. None of the Content is intended to be used as a substitute for medical advice, diagnosis, or treatment, and should never be used as a substitute for seeking medical advice from your own provider or healthcare provider. The Content is for your personal use only and will not be assessed or reviewed by Santovia in order to diagnose or treat any medical symptom or condition. Always seek the advice of your physician or qualified healthcare provider with any questions you may have regarding a medical condition, regardless of any information you may obtain from the site.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
Any diagnosis or treatment decisions made by you should be made in consultation with your qualified healthcare provider. Do not rely solely on the Content or on anything you have read or seen on the Online Portal to make medical or treatment decisions. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR SEEN ON THIS ONLINE PORTAL.
Santovia will implement reasonable security measures to protect Confidential Information and protect it from unauthorized disclosure. In the event Santovia discovers a security compromise relating to Confidential Information, Santovia will investigate the incident, and notify you if required by law.
You have the right to revoke your authorization and participation at any time. To revoke your authorization and cease participation in the program, you must contact the Santovia service department at 1-800-646-9305 or email@example.com. If you revoke your authorization, data that has been collected previously will be maintained as permitted by applicable law(s); however, data will not be collected thereafter.
All information collected from you or about you will be used to help your health care providers better understand your health care needs. Through your participation, Santovia also hopes to learn information that may help other users with similar conditions as yours.
The information and material located on the Online Portal and related website are the property of Santovia and its licensors. We worked hard and spent significant resources to put this information together, and we hold all rights to it, including all United States and international copyrights. No commercial use of this information may be made without the express written permission of Santovia.
You shall not, nor assist another to, copy, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Online Portal or otherwise attempt to discover the source code thereof. You agree that, as between Santovia, and yourself, Santovia shall own all rights, title and interest in and to the website.
Data Storage, License
Santovia will back up and store your information for six (6) years. Santovia will, in addition, deploy data replication techniques so that current data is stored on multiple storage devices. Subject to the terms and conditions of this Agreement, you grant Santovia a limited, non-exclusive license to copy, store, record, transmit, maintain, display, view, print, or otherwise use your information to the extent necessary to perform its obligations under this Agreement.
You must have access to the Internet to use the Online Portal. Santovia does not warrant or guarantee optimal performance and has no control over the Internet and its performance.
You will be responsible for any costs associated with your medical care. No additional costs will be incurred as a result of collection/use of this information or your participation.
Accuracy of Your Contact Information
You agree to provide accurate, current and complete information regarding your legal name, address, e-mail address, and phone number, and maintain and promptly update this information if it should change. By submitting your telephone number to Santovia, you agree that a representative of Santovia can contact you at this number, potentially using automated technology (including text/SMS messaging) or a prerecorded message. Your consent is not an obligation to use or receive any of our products and/or services.
Passwords, Access, and Notification
You may be asked to provide a unique password, e-mail address and/or Santovia User name for use of the Online Portal. You are solely responsible for the confidentiality and use of all such passwords, e-mail addresses and Santovia User names. Santovia is not liable for any damages that may result from your misuse of your User name and password by you (e.g. sharing your User name and password with another individual).
The Online Portal and related website allow you to send Electronic Communications directly to Santovia and to third parties. You agree to comply with all applicable laws and governmental regulations relating to Electronic Communications. You agree not to access the Online Portal or related websites by any means other than through the interfaces provided by Santovia. You shall not license, rent, sell, lease, transfer, assign, distribute, display, host, outsource, disclose, or otherwise commercially exploit or make the website available to any third party or unauthorized user, including but not limited to, by “mirroring” or “framing” any part of the Online Portal or related website, or by creating Internet links to the Online Portal or related website which include log-in information, Santovia User names, passwords, and/or secure cookies. You shall not upload, post, reproduce or distribute any information, website or other material protected by copyright or any other intellectual property right (including but not limited to rights of publicity and privacy) without first obtaining the permission of the owner of such rights. You shall not in any way express or imply that any opinions contained in your Electronic Communications are endorsed by Santovia. Neither you, nor someone acting on your behalf may use the Online Portal or related website for solicitation of any Santovia customers for purposes of providing any competitive product. You shall ensure that any use of the Online Portal or related website by your agents is in accordance with the terms and conditions of this Agreement.
Transmission of Data
You understand that the technical processing and transmission of your Electronic Communications is fundamentally necessary to your use of the Online Portal and related website. You expressly consent to Santovia’s interception and storage of Electronic Communications and/or your information and data, and you acknowledge and understand that your Electronic Communications will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by Santovia. You acknowledge and understand that changes to your Electronic Communications may occur in order to conform and adapt such data to the technical requirements of connecting networks or devices. You further acknowledge and understand that Electronic Communications may be accessed by unauthorized parties when communicated across the Internet, network communications facilities, telephone, or other electronic means. Santovia shall not be responsible for any Electronic Communications and/or information or data which are delayed, lost, altered, intercepted or stored during the transmission of same across networks not owned or operated by Santovia, including, but not limited to, the Internet.
The Online Portal and related website may provide, or third parties may provide, links to other websites or resources. Santovia shall not be responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. In addition, Santovia shall have no liability with respect to third party websites.
Suspension for Ongoing Harm
If you or anyone using your username and password causes or uses Santovia’s owned or controlled Online Portal or related website to be used in a denial of service attack, spamming or any illegal activity (collectively, “Harmful Activity”), you must cause the Harmful Activity to cease within 72 hours. If you fail to do so, Santovia may suspend your access to the Online Portal and related website and the facility hosting same until you have taken action that prevents continued Harmful Activity, provided, however, that such suspension of access will be as minimal as required, and only to the extent required to prevent the Harmful Activity. In such event, the parties will work together diligently and in good faith to resolve the issues causing the suspension. Upon such resolution, Santovia will promptly restore your access to the Online Portal, related website and hosting facility. You shall indemnify and hold harmless Santovia from such Harmful Activity.
Modification to the Online Portal or Website
Santovia reserves the right at any time, and from time to time to modify, temporarily or permanently, the website and/or Online Portal.
Santovia will use commercially reasonable means so that the Online Portal and related website will achieve reasonable functionality. Santovia does not warrant that the Online Portal or website will be error-free. Your sole and exclusive remedy for Santovia’s breach of the warranty contained in this section shall be that Santovia will be required to use commercially reasonable efforts to modify the Online Portal and/or website to achieve material functionality and if Santovia is unable to provide such functionality, you will be entitled to discontinue your use of our services. Santovia shall have no obligation with respect to any claim unless notified via e-mail of such claim within sixty (60) days of the first instance of any material functionality problem that would give rise to a claim.
Security, Data Integrity and Backup Warranty
Santovia will use commercially reasonable efforts to safeguard and accurately maintain the integrity of your information and data, utilizing, at a minimum, industry standard security and backup procedures.
Limitation of Warranties
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE ONLINE PORTAL AND RELATED WEBSITE ARE MADE AVAILABLE FOR YOUR USE ON AN “AS IS” BASIS AND SANTOVIA MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO SAME. SANTOVIA DOES NOT WARRANT THAT THE ONLINE PORTAL AND RELATED WEBSITE ARE ERROR-FREE OR THAT THEY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. NO EMPLOYEE, AGENT OR REPRESENTATIVE OF SANTOVIA HAS AUTHORITY TO BIND SANTOVIA TO ANY ADDITIONAL OR OTHER REPRESENTATION OR WARRANTY CONCERNING THE ONLINE PORTAL OR WEBSITE.
Limitation of Liability
The cumulative liability of Santovia to you for any and all claims whatsoever related to or arising out this Agreement shall not exceed $1,000.
SANTOVIA DOES NOT WARRANT OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION DESCRIBED WITHIN OR DERIVED FROM OUR ONLINE PORTAL OR RELATED WEBSITE OR SERVICE. USERS AND THEIR HEALTH CARE PROVIDERS SHOULD ONLY USE THIS INFORMATION AS GUIDANCE. QUALITY OF DATA AND ITS ACCURACY IS CONTINGENT UPON THE ACCURACY OF ORIGINAL INFORMATION SUBMITTED. THIS DISCLAIMER, IN ADDITION TO THE WARRANTY LIMITATIONS CONTAINED WITHIN MEANS THAT USERS AND HEALTH CARE PROVIDERS ARE SOLELY RESPONSIBLE FOR THEIR USE OF ANY INFORMATION HEREIN AND THEY CANNOT SEEK ANY REDRESS AT ANY TIME FROM SANTOVIA. THE CONTENT HEREIN IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. USERS AND PROVIDERS ARE SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY OF ANY INFORMATION UPON WHICH THEY RELY AND MUST MAKE INDEPENDENT AND INFORMED JUDGMENTS REGARDING A DIAGNOSIS AND/OR TREATMENT AS OPPOSED TO RELYING UPON ANY INFORMATION OBTAINED FROM SANTOVIA.
IN NO EVENT SHALL SANTOVIA BE LIABLE FOR ANY INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND LOST REVENUE) EVEN IF SUCH HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE CLAIMS OR LOSSES.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without giving effect to principles of conflicts of laws. In the event of any civil action, venue and jurisdiction shall be in the Commonwealth of Massachusetts.
This Agreement, and any set of terms referenced herein, constitutes the entire agreement between the parties and supersedes any and all prior and contemporaneous representations, proposals, agreements, negotiations, advertisements, statements or understandings, whether oral or written made in respect of the subject matter hereof. This Agreement may not be amended unless agreed to by both parties.
Any notices required or permitted under this Agreement must be in writing (which includes e-mail) and will be effective when received at the receiving party’s address as herein noted.
If any provision of this Agreement is held to be unenforceable on its face, all other provisions will nevertheless continue in full force and effect and said unenforceable provision, if possible, shall be construed in such a way as to be enforceable and most closely express the intent of the provision on its face.
Except as otherwise permitted by this Agreement, you shall not assign, sublicense or otherwise transfer in whole or in part, whether voluntary, involuntary by operation of law or otherwise, this Agreement or any of its rights under this Agreement without the prior written consent of Santovia, which shall not be unreasonably withheld.
No delay or failure of either party in exercising any right under this Agreement, nor any partial exercise of a party’s rights, will be deemed to constitute a waiver of any rights granted under this Agreement or at law.
The prevailing party in any lawsuit arising from this Agreement shall be entitled to an award of reasonable attorney’s fees, whether or not the party’s attorney is a salaried employee.
I have read and understand the above information, and by logging in and accessing the areas on this website and Online Portal, agree to participate in the program and authorize the use of my information as stated above. This authorization shall be valid so long as I remain in the program and have not revoked it in writing.
As applicable, if you reside in California and have provided personally identifiable information to us, you may request information about our disclosure of certain categories of personal information to third parties for their direct marketing purposes under California’s Shine the Light law. Such requests must be submitted to us at one of the following addresses: Santovia, 151 Tremont St, Suite 110, PO Box 323, Boston, MA, 02111 or call 800 646 9305.
If you are a resident of California, effective January 1, 2020, as applicable, you have the following rights under the California Consumer Privacy Act of 2018 (“CCPA”):
to know what categories of personal information about you we have collected and used, including how the personal information was collected;
to know what categories of personal information is being sold or disclosed and to know that your personal information has not been sold.
to access your personal information, including the right to download or transfer personal information collected during the previous 12 months, click here for more information on “Access to Specific Information and Data Portability Rights;
to request that your personal information be deleted click here for more information on “Deletion Request Rights”; and
to equal service and equal price for goods or services even if you exercise your rights under the CCPA.
If you are a California resident and you want to exercise any of your rights as set forth above, please contact us at 800 646 9305 or firstname.lastname@example.org. For all requests, it is helpful to put the statement “California Privacy Rights” in the body of your request, describe the nature of your request, and provide your name, street address, city, state, and zip code. In your request, you need to attest to the fact that you are a California resident and provide a current California address for our response. For more information, click here.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
We are committed to making sure that our website and Online Portal is accessible to everyone. To access this Authorization and Participation Agreement in an alternative form, please contact us at 800 646 9305 or email@example.com.