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Herein lies the terms and conditions associated with using our website https://mayahealth.com (hereinafter, “us”, “we”, “Maya”). By accessing or using our website, you agree to these terms and conditions.
THESE TERMS ARE A LEGAL BINDING AGREEMENT BETWEEN YOU AND MAYA TECHNOLOGIES PBC (“Maya”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF ACCEPTING THESE TERMS (AS DESCRIBED BELOW), YOU WILL BE REQUIRED TO USE BINDING ARBITRATION TO RESOLVE DISPUTES WITH MAYA. BY USING OUR SERVICES, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
BY ACCESSING OR USING THE SERVICES, YOU ARE ACCEPTING THESE TERMS AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THESE TERMS. YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THESE TERMS IF YOU DO NOT HAVE THE CAPACITY TO ENTER INTO THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SERVICES. IF YOU ARE ACCESSING OR USING THE SERVICES ON BEHALF OF AN ENTITY, IF APPLICABLE, YOU ARE AN AUTHORIZED REPRESENTATIVE OF SUCH ENTITY WITH AUTHORITY TO BIND IT TO THESE TERMS.
If you have any questions about these Terms, please contact firstname.lastname@example.org.
Maya’s website provides information on our practice management software, a CRM, form management, measurement based care software, data collection, and client communication service (“Services”) for healthcare providers (“Provider”) providing therapy services and their clients (“Clients”). The Maya Website advertises our mission, podcast, blog, ethics statement, research involvement opportunities, and showcases our team members and advisors. Maya does not provide, sell, offer to sell, coordinate or solicit sales of psychoactive substances, nor does it make any recommendations for any type of intervention. Maya’s Service may be limited or not available at all in some places due to local law or other restrictions.
You expressly acknowledge, agree and understand that any statements relating to Services have not been evaluated by the Federal Food and Drug Administration (“FDA”).
You expressly acknowledge and agree that Maya (i) is a technology company providing certain Services; (ii) does not itself provide any therapeutic or healthcare services to individuals; (iii) does not provide or recommend any therapeutic services, providers or substances used in connection with such services. It is the sole responsibility of each Provider to offer its services to Clients in a legal and compliant manner, which are facilitated through its use of the Services. Maya has no responsibility or liability for any Services provided by Providers or received by Clients.
You agree to keep your account information with Maya accurate, complete and current. You are responsible for the use of your account, so do not let anyone else use it. Keep your login credentials confidential. If you suspect unauthorized activity notify Maya immediately at email@example.com.
If you wish to deactivate your account for any reason, send a request to Maya at firstname.lastname@example.org. If Maya wishes to deactivate your account for any reason, it may do so in its sole discretion. Maya may, but is not obligated to, reactivate an account upon written request to its email@example.com.
You will implement and maintain appropriate administrative, physical and technical safeguards to protect information within the Service from access, use or alteration. Such safeguards shall comply with federal, state, and local requirements, including the Privacy Rule and the Security Rule, whether or not you are otherwise subject to HIPAA. You will immediately notify us of any breach or suspected breach of the security of the System of which you become aware, or any unauthorized use or disclosure of information within or obtained from the Service, and you will take such action to mitigate the breach or suspected breach as we may direct, and will cooperate with us in investigating and mitigating the breach.
Except as required by law, you will not permit any third party to have access to the Service without our prior written agreement.
Maya grants you a limited, personal, nonexclusive, non-transferable, non-sublicensable license to access and make use of the Service. You may use the Service only as permitted by these Terms and applicable law. All rights not expressly granted in these Terms are reserved and you acknowledge that all intellectual property rights in the Services are owned by Maya. You may not resell the Service or its contents; collect and use any product listings, descriptions or prices; make any derivative use of the Service or its contents; download, copy or otherwise use account information for the benefit of any third party; use data mining, robots or similar data gathering and extraction tools; or otherwise misuse the Service. Any trademarks, logos, service marks, company or product names displayed through the Service are trademarks of Maya or third parties, and no right or license is granted to use them. This license will terminate if you do not comply with these Terms.
If you are a Provider, you agree that your use of the Services may be subject to verification by us of your identity and credentials as a health care practitioner, and to your ongoing qualification as such. You agree that we may use and disclose your personal information for such purposes, including (without limitation) making inquiry of third parties concerning your identity and professional and practice credentials. You authorize such third parties to disclose to us such information as we may request for such purposes, and you agree to hold them and us harmless from any claim or liability arising from the request for or disclosure of such information. You agree that we may terminate your access to or use of the Services at any time if we are unable at any time to determine or verify your qualifications or credentials.
We may provide information to Providers to assist in clinical decision-making. This may include information and reminders concerning drug interactions, allergies, dosages, as well as general health-care related information and resources. We may also provide forums for our users to exchange information.
If you are a Provider, you acknowledge that the information and materials available through the Service are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment. Information may be placed on our Internet site by us and by third parties beyond our control. We are not responsible for the accuracy or completeness of information available from or through our site. You assume full risk and responsibility for the use of information you obtain from or through the Service, and you agree that Maya is not responsible or liable for any claim, loss, or liability arising from the use of the information. If you are a Client, you acknowledge that we do not recommend or endorse any provider of health care or health-related products, items or services, and the appearance of materials on this site relating to any such products, items or services is not an endorsement or recommendation of them.
Whether you are a Client or a Provider, you agree to review the definitions, functionality, and limitations of the Service, and to make an independent determination of their suitability for your use. We and our suppliers and licensors disclaim all warranties, whether expressed or implied, including any warranty as to the quality, accuracy, and suitability of the information provided by the Service for any purpose.
Maya is not responsible for any errors in the Service. It is the Provider’s responsibility to ensure that the information in the Services is accurate and that the Client receives appropriate treatment.
Maya and its licensors own the Service and its contents, including patent, copyright, trade secret, trademark, show-how, know-how, and any other US or international intellectual property rights therein.
You may provide personal information, communications, and other content, if the content is not inaccurate, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights) or otherwise injurious or objectionable to Maya or others, and does not contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of a gift or other content. Maya does not regularly review posted content, but it does reserve the right to remove or edit such content. You acknowledge that any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you relating to the Service are non-confidential and shall become the sole property of Maya and Maya may sublicense, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display such content throughout the world in any media.
Maya does not examine, warrant or endorse any third party sites, apps, and content (including data, information, images, descriptions, articles, advertisements, or other products, services and/or materials) to which the Service links, displays, includes or makes available collectively, “Third-Party Materials”) and is not liable for your use of them.
You acknowledge and agree that Maya is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Maya does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials may be subject to their own terms and conditions of use and privacy policies and your use of Third-Party Materials will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Maya does not endorse and is not responsible or liable for the behavior, features or content of any Third-Party Materials. Third-Party Materials are provided solely as a convenience to you, and you use them entirely at your own risk. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.
You hereby release and forever discharge Maya (and its officers, employees, agents, successors and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other users or Third-Party Materials.
You agree to indemnify and hold Maya (and its subsidiaries, affiliates, officers, employees and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Service, (ii) any content you provide, (iii) your violation of these Terms, (iv) your violation of applicable laws or regulations, (v) the actions of any person gaining access to the Service under a user ID assigned to you, or (vi) damage to any property (including without limitation, Maya’s property), physical injury or death. Maya reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Maya and you agree to cooperate with its defense of these claims. You agree not to settle any matter without Maya’s prior written consent. Maya will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
All the materials on Maya’s Website are provided on a “as is” and ‘as available’ basis. Maya makes no express or implied warranty of any kind. Maya makes no warranties, may it be expressed or implied, therefore negates all other warranties. Furthermore, Maya does not make any representations concerning the accuracy or reliability of the use of the materials on its Website or otherwise relating to such materials or any sites linked to this Website.
MAYA MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND, SUCH AS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MAYA OR ITS AUTHORIZED AGENT OR REPRESENTATIVE WILL BE DEEMED TO CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
MAYA MAKES NO REPRESENTATION OR WARRANTY AS TO WHETHER IT IS LEGAL FOR YOU TO USE OUR SERVICE.
MAYA IS NOT LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF USE, DATA OR PROFITS OR ANY OTHER DAMAGES OR LOSSES OF ANY KIND. MAYA IS NOT BE LIABLE FOR ANY INAPPROPRIATE, DEFAMATORY, OFFENSIVE, ILLEGAL OR OTHER CONDUCT OF ANY PROVIDER, CLIENT OR OTHER USER OF THE SERVICE.
If an arbitrator or a court finds Maya liable for damages notwithstanding the foregoing, Maya’s total liability for all damages shall not exceed the amount paid by you to Maya for your use of the Service.
WE ARE NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO YOUR DATA, FACILITIES OR EQUIPMENT BY INDIVIDUALS OR ENTITIES USING THE SYSTEM OR FOR UNAUTHORIZED ACCESS TO, ALTERATION, THEFT, CORRUPTION, LOSS OR DESTRUCTION OF YOUR DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH THE SYSTEM, WHETHER BY ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER MEANS. YOU ARE SOLELY RESPONSIBLE FOR VALIDATING THE ACCURACY OF ALL FORMS, DATA AND REPORTS. YOU HEREBY WAIVE ANY DAMAGES OCCASIONED BY LOST OR CORRUPT DATA, INCORRECT FORMS OR REPORTS, OR INCORRECT DATA FILES RESULTING FROM PROGRAMMING ERROR, OPERATOR ERROR, EQUIPMENT OR SOFTWARE MALFUNCTION, SECURITY VIOLATIONS, OR THE USE OF THIRD-PARTY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY INFORMATION TRANSMITTED OR RECEIVED THROUGH OUR PROVISION OF THE SERVICES.
Please report potentially infringing content to Maya by contacting firstname.lastname@example.org directly.
If you are a Provider, you will obtain and maintain such policies of general liability, errors and omissions, and professional liability insurance with reputable insurance companies as is usually carried by persons engaged in your business covering the Term of this Agreement.
Maya may update these Terms at any time. Updates are effective as of the “Last updated” date at the end of these Terms. Your use of the Service after an update is your acceptance of the updated Terms. If any part of the Terms are found invalid, void or unenforceable, that part shall be severed and not affect any remaining term or condition.
You can opt out of our research programs at any time. Our protocol for this process occurs via a GDPR "right to be forgotten" request, which can be sent to email@example.com. Please see a sample letter for such a request here. Please note that it takes 30 days for our system to absolve all aggregated data based on your information.
Furthermore, you can regularly reassess and change the settings around how your information is stored, used, and shared at any time in your account settings.
UNLESS YOU OPT OUT WITHIN 30 DAYS OF ACCEPTING THESE TERMS (AS DESCRIBED BELOW), ANY DISPUTE OR CLAIM RELATING TO THE SERVICE OR THESE TERMS MUST BE RESOLVED WITH BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT. CLAIMS MUST BE BROUGHT WITHIN ONE YEAR OF THE EVENTS GIVING RISE TO THEM, AND ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU AND MAYA WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. YOU AND MAYA ARE INSTEAD ELECTING TO HAVE CLAIMS AND DISPUTES RESOLVED BY ARBITRATION. THERE IS NO JUDGE OR JURY IN ARBITRATION. AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD. COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
To begin the dispute resolution process, notify Maya of your claim by sending an email to firstname.lastname@example.org or U.S. Postal Service certified mail to 1312 17th Street STE 775, Denver, Colorado CO 80202, USA. You must include: (i) a description of your claim or dispute; (ii) the specific relief you want; and (iii) your name, address and contact information. If the claim is not resolved within 30 days of your notice, you or Maya may begin formal arbitration. If Maya intends to begin arbitration, it will notify you in writing using the contact information you provide.
The American Arbitration Association ("AAA") will conduct the arbitration pursuant to its Commercial Arbitration Rules, Consumer Due Process Protocol, Supplementary Procedures for Resolution of Consumer Related Disputes and these Terms. The AAA’s rules are available at https://www.adr.org/ or by calling 1-800-778-7879. All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration clause, but these Terms bind the arbitrator. The AAA’s rules govern filing, administrative and arbitrator fees. Unless an arbitrator decides your claims are frivolous, Maya will reimburse those fees for claims totaling less than $10,000 and will not seek attorneys' fees and costs. You may choose to have the arbitration conducted by telephone, in writing or in person in the State of Colorado or at another mutually agreed location.
IF YOU DO NOT WANT TO USE ARBITRATION TO RESOLVE YOUR DISPUTES WITH MAYA, NOTIFY MAYA IN WRITING OF YOUR DESIRE TO OPT OUT OF ARBITRATION BY SENDING AN EMAIL TO email@example.com OR U.S. POSTAL SERVICE CERTIFIED MAIL TO 1312 17th Street STE 775, Denver, Colorado CO 80202, USA. YOU MUST PROVIDE THIS NOTICE WITHIN 30 DAYS OF ACCEPTING THESE TERMS. IF YOU DO NOT OPT OUT WITHIN THE 30-DAY PERIOD, ARBITRATION WILL BE REQUIRED. AGREEING TO ARBITRATION IS AN IMPORTANT DECISION. YOU SHOULD NOT RELY SOLELY ON THE INFORMATION CONTAINED IN THESE TERMS TO MAKE YOUR DECISION, AS IT IS NOT INTENDED TO PROVIDE A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION.
The laws of the State of Colorado, excluding its conflicts of law rules and those pertaining to the federal illegality of cannabis, govern these Terms. The state courts located in the State of Colorado shall have jurisdiction over all claims or disputes that are not subject to arbitration.
You expressly acknowledge that you are familiar and assume full responsibility for cooperating with all laws regarding the use, possession and consumption of federally scheduled substances. You are responsible for ensuring that your use of this Service is compliant with all applicable laws and regulations, as well as any and all privacy policies, agreements or other obligations you may maintain or enter into with applicable third-parties.
October 14, 2020.