Welcome to Santovia’s website, online portal and mobile application. These Terms of Use and Conditions (“Terms”) govern your use of the Santovia’s (“our”) website and online portal (“Site”), and mobile applications (“Applications”). Please read the terms in full before using our Site or Applications. By accepting these Terms, or by using our Site or our Applications, you agree to be legally bound by these Terms, our Privacy Policy, the SantoviaUser Authorization and Participation Agreement (if applicable), and any other underlying agreements or terms. If you do not agree to these terms, please do not use our Site or our Applications. We reserve the right to modify these Terms at any time without prior notice, and your use of the Site and Applications bind you to the use of the changes made. We do occasionally update these terms so please refer to them in the future.
Access to Site and Applications
You will be able to access our Site without having to register any details with us.
You may only access our Applications by downloading them from third-party websites. These Terms are only applicable to the use of our Site and Applications. We do not have any control over third-party websites or applications and as such, we disclaim all liability from your use of those third-party websites and applications. You should be sure to review any third-party website’s terms of use and conditions and privacy policies when you choose to download our Applications.
Use of Site and Applications
All materials on the Site and Applications, including, without limitation, the Santovia mark, logo, design, text, graphics, other files, and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Santovia or its affiliates or licensors. You may electronically copy and print to hard copy portions of this Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only, provided you keep all copyright or other proprietary notices intact. Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without the prior written permission of Santovia, is strictly prohibited.
Trademarks and Copyrights
“Santovia,” and other trademarks on this Site are trademarks of Santovia or its affiliates or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Santovia. In addition, all headers, custom graphics, button icons, and scripts are service marks, trademarks, copyrights and/or trade dress of Santovia, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Santovia. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property and Licensed Materials of their respective owners. Santovia might have other patents, patent applications, trademarks, copyrights, or other intellectual property rights covering the Site or Applications. Any rights not expressly granted herein are reserved.
You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any content of this Site or Applications for commercial profit or gain. Nothing in these Terms or on the Site shall be construed as conferring any intellectual property or other proprietary rights to You. You agree to observe copyright and other applicable laws and may not use the content in any manner that infringes or violates the rights of any person or entity. We hold all rights to the content on this Site.
Any other trademarks or service marks or Licensed Materials appearing anywhere on our Site or Applications are the property of their respective owners. To the extent any product name or logo does not appear with a trademark (™) does not constitute a waiver of any and all intellectual property rights that Santovia or its businesses has established in any of its products, Applications, features, or service names or logos.
As a condition of your use of the Site, you will not use the Site or Applications, or any contents or services, for any purpose that is unlawful in any applicable jurisdiction where our Site or Applications are being used, or prohibited by these terms, conditions, and notices, and you agree to abide by the terms and conditions set forth in the “User Conduct” section. You may not use the Site or Applications contents or services in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party’s use and enjoyment of the Site, Applications, or any contents or services. You may not attempt to gain access to any portion of the Site, or any of its contents or services, other than those for which you are authorized.
You may not may not distribute or make available any part of the Licensed Materials (in print or electronic form) to anyone other than Authorized Users or their patients.
You may not remove, obscure, or change any copyright notices, disclaimers or other proprietary legends incorporated in the Licensed Materials.
You may not alter, abridge, adapt or modify the Licensed Materials or prepare derivative works based upon the Licensed Materials.
You may not make the Licensed Materials available to the public via the Internet, World Wide Web or other un-secure network.
You may not make sublicenses or agreements for access to the Licensed Materials with other individuals, organizations, vendors, affiliates, or partners, who are not their own individual Authorized Users.
While every effort is made to ensure the timeliness and accuracy of the Site content and services, we make no warranties either express or implied, and assume no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness or usefulness, of any of the results obtained from its use.
We make no representation or warranty, express or implied, with respect to the content of the Site, or links to other sites, including but not limited to accurateness, completeness, correctness, timeliness or reliability. We make no representation or warranty regarding the merchantability or fitness for a particular purpose or use with respect to any content or services whatsoever that may be accessed through this Site, or the results to be obtained from using the Site. We make no representation or warranty that the Site or content is free from defects or viruses. Your use of external links and third-party websites is at your own risk and subject to the terms and conditions of use for such links and sites.
While every effort is made to ensure that all content provided on the Site does not contain computer viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for computer viruses or otherwise protect your computer and you should ensure that you have a complete and current backup of the applicable items on your computer. We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the Site. While every effort is made to ensure smooth and continuous operation, we do not warrant the Site will operate error free.
Santovia reserves the right to change any and all Content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Santovia.
Site and Application Uptime
We take all reasonable steps to ensure that our Site and Applications are available 24 hours every day, 365 days per year. However, websites and mobile applications do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this Site is unavailable at any time.
Our Site and/or Applications may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues, but shall not be obliged to do so.
User Conduct
When using our Site and Applications, you shall not post or send to or from either the Site or Application:
Content for which you have not obtained all necessary consents;
Content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Site or Applications are being used;
Content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Site or Applications in breach of this Section.
You shall not use our Site or Applications while distracted or preoccupied, such as when operating a motor vehicle. You should access our Site and Applications only with due regard for your own safety and the safety of others.
Links to and from Third Party Websites and Applications
Any links furnished on our Site or Applications may allow you to leave our Site or Applications. These third party websites and applications are not under our control and we disclaim any responsibility for the contents of such linked sites or any link(s) contained in any such linked site(s) or any changes or updates to any of these sites. We further disclaim any responsibility for any form of transmission received from any linked third party website, application or advertising. We provide these links to you as a convenience to you and inclusion of any link herein shall in no way be construed as an endorsement by us of the site(s) or applications.
If you would like to link to our Site or Applications, you may only do so on the basis that you link to, but do not replicate, any page of our Site or portions of our Applications, and subject to the following conditions:
you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
you do not misrepresent your relationship with us or present any false information about us;
you do not link from a website that is not owned by you; and
your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law of the United States of America.
If you choose to link our website in breach of this Section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.
Disclaimers
All information on our Site and Applications is of a general nature and is furnished for your knowledge and understanding and as an informational resource only. The documents and any related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information contained on our Site and Applications. We may make improvements and/or changes to any of the products depicted or described herein at any time. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the Site or the Applications or reliance on the information from either.
THE SITE AND APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE OR THE APPLICATIONS, INCLUDING, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.
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 SITE, APPLICATIONS OR SERVICE. PATIENTS AND 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 PATIENTS AND 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. PATIENTS 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.
Limitation of Liability
YOUR USE OF OUR SITE AND APPLICATIONS IS ENTIRELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE PRODUCTS OR APPLICATIONS, OR YOUR RELIANCE ON OR USE OF THE SITE, THE INFORMATION, OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SITE OR APPLICATIONS, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
Indemnification
You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless 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 use of and access to the Site and/or Applications or your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.
Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.
Applicable Law
We make no representations that the content or the Site or the Applications are appropriate or may be used or downloaded outside the United States. Access to the Site and/or the content may not be legal in certain countries outside the United States. If you access the Site or Applications from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the website.
Our Site and Applications are created and controlled by the Commonwealth of Massachusetts, United States of America. The Site and Applications, and their contents, and any disputes arising therefrom shall be construed and interpreted under the laws of the Commonwealth of Massachusetts and applicable United States federal laws. Use of our Site and Applications constitutes agreement of the SantoviaUser to the jurisdiction of the state and federal courts located therein.
Our Site and Applications are subject to the United States export control laws and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our Site or through our Applications, as may be required.
General
These Terms, together with the Privacy Policy, the User Authorization and Patient Participation Agreement, other terms or legal notices published by us on the Site or Applications, and any other applicable agreements, shall constitute the entire agreement between us concerning use of the Site and Applications. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR APPLICATIONS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Our Contact Information
Santovia
151 Tremont St, Suite 110
PO Box 323
Boston MA 02111