Terms of use

Terms of Use

KUMBA HEALTH TERMS OF USE [REVISED NOVEMBER 2015]

The following terms and conditions constitute an agreement between you and DirectCare, Inc. ("DIRECTCARE," "we," or "us"), the operator of KumbaHealth.com (the "Site"). These terms of use (the "Terms of Use") govern your use of the Site, both as a casual visitor and as a registered user. THESE TERMS AND CONDITIONS ARE BINDING ON YOU (TOGETHER WITH ANY OTHER PERSON OR ENTITY ON WHOSE BEHALF YOU USE THE SITE, "YOU"). BY USING THE SITE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE, including that you consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference, and that you consent to resolve in the State of California any dispute that you may have with us, or the Site. Without limiting the foregoing, you acknowledge that third parties may have a relationship with DIRECTCARE that is governed by different agreements or terms and conditions and, you waive any claim against DIRECTCARE with respect to such differing terms and conditions. Please note that we offer the Site "AS IS" and without warranties. If you are registering an account or using the Site on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Use on such individual's or entity's behalf.

1. About the Site

   You hereby affirm and understand that you are being granted certain benefits such as transpararent pricing, special pricing for services and expedited appointment times in exchange for prompt payment at time of service via cash or credit card payment. There is no use of insurance on the Site and you are waiving your right to make a claim through any insurance plan you may have. However, you may apply your paid services toward an HSA/FSA account should you have one, please consult your tax advisor. You acknowledge that processing an insurance claim would require your provider to expend time and administrative resources to process. You further understand that failure to adhere to this requirement will result in your expulsion from the Site. The reason for this is simple, processing insurance paperwork and collecting payment take both time and money for your provider. By transacting through the Site you are saving your provider both time and money. By agreeing to provide prompt payment and thereby reducing administrative resource requirements, You are enabling your provider to provide fair pricing and better availability to You. Everything we offer on the Site is referred to in these Terms of Use collectively as the "Services". Some of what is on the Site is viewable without registering with us, but to actively participate or store your information, you must sign up and authorize the use and disclosure of your basic personal and health information for purposes of allowing us and participating providers, as the case may be, to provide the Services and as otherwise disclosed in our Privacy Policy. You acknowledge that although the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that is provided to you on the Site (including Information provided which may be provided in direct response to your questions or postings) may be provided by individuals in the medical profession, the provision of such Information does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is provided only to assist you with locating appropriate medical care from a qualified provider.

2. We Do Not Provide Medical Advice

   The Information that you obtain or receive from DIRECTCARE, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Site is for informational and scheduling purposes only. THE INFORMATION PROVIDED ON THE SITE IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE SITE FOR EMERGENCY MEDICAL NEEDS. IF YOU BELIEVE THAT YOU ARE EXPERIENCING A MEDICAL EMERGENCY CALL 911. YOUR USE OF INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE. We do not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Site. If you rely on any of the Information provided by the Site, you do so solely at your own risk.

3. No Doctor Patient Relationship

   NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE SITE INCLUDING, BUT NOT LIMITED TO, THE FIND A PROVIDER FEATURE, LINKS TO OTHER SITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE MEDICAL PROFESSIONAL OR SPECIALIST IN ANY FIELD. WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. We have no control over, and cannot guarantee the availability of any physician at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Site or Services whatsoever. You are strongly advised to perform your own investigation prior to selecting a health care professional by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular physician or medical provider by confirming with the doctor's office, your current physician, the medical association relative to the doctor's specialty and your state medical board.

4. Authorization and Acknowledgement

   In connection with using the Site and the Services to locate and schedule appointments with medical professionals, you understand that:

   • We make our best efforts to select providers to be listed on the Site who meet certain qualification standards
   • We will provide you with a list of physicians or medical providers who may be suitable to deliver the health care that you are seeking based solely on the information that you provide to us (such as specialty, proximity to your geographical location, and additional criteria that you specify); you are ultimately responsible for choosing your own physician or medical provider; and
   • Physicians and medical providers who offer Services on the Site are required to who hold active medical licenses and all certifications necessary to practice any specialty services offered to patients.

5. Editorial Control

   We make the Site available as a service to consumers and health care professionals for the purposes of providing an informative and educational resource. We may, but have no obligation to, have nonuser-posted information reviewed by the Site's editorial personnel. It is important to note, however, that the timeliness and accuracy of any or all of the Information is not guaranteed. Neither the authors, the editorial personnel, nor any other party who has been involved in the preparation or publication of this work can assure you that the Information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such information. You are encouraged to independently confirm the Information contained herein with other sources and to seek the advice of a qualified physician. PRACTITIONER INFORMATION: Physician and practice information found on the Site is intended for general reference purposes only. Physician and other health provider information found on the Site is both self-reported, by the physician and/or office staff, and collected from multiple other data sources that may not be confirmed by the physician. Such information often changes frequently and may become out of date or inaccurate. Neither the Site nor DIRECTCARE provides any advice or qualification certification about any particular physician or provider. Our relationship with sponsors or physicians in a particular area is based on criteria we establish. You are encouraged to independently verify any such information. PROCEDURES/PRODUCTS/SERVICES: The procedures, products, services and devices discussed and/or advertised within the Site are not applicable to all individuals, patients or all clinical situations. We make no claims as to the effectiveness of any such procedures, products, services and devices. Any products and/or services represented on the Site by advertisers, sponsors, and other Site participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.

6. Registration

   As part of the registration process, you will provide an e-mail address and create a password. These are your account details for accessing the Services that are only available to members ("Details"). You should keep your Details private and not share your Details with anyone else. You are responsible for notifying us if your password has been hacked or stolen. You may notify us by sending an email to support@KumbaHealth.com.

7. Your Personal Information

   In order to register and/or book an appointment, you must provide certain personal and medical information about yourself. You may voluntarily submit, and hereby authorize DIRECTCARE, its employees, agents and others operating on its behalf, to use and/or disclose personal and health-related information about you, including, without limitation, your name, birthdate, and contact information; current medical needs; and other information that is either requested by DIRECTCARE or volunteered by you ("Personal Information"). You may also choose to authorize DIRECTCARE to share your Personal Information with selected physicians or medical providers. You have the right to refuse to authorize the use and/or disclosure of your Personal Information. However if you chose to exercise this right, you may not be able to utilize some features of the Site. The DIRECTCARE Privacy Policy explains the information practices that apply to Personal Information we have about you, as well as any choices you can make about the ways this information is used. Please review it carefully.

8. Your Responsibilities

   Use of the Site is currently free for patients. We may charge participating providers a monthly membership fee as well as a processing fee for certain transactions that are processed through the Site. ​ Additional usual and customary charges for any medical services rendered by collaborating physicians profiled on the Site will apply and will be entirely your responsibility. You are responsible for all use of the Site and for all use of your Details, including use by others to whom you have given your Details. You may use the Site and the Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):

   • copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services
   • remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services
   • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services
   • access, retrieve or index any portion of the Site and/or the Services for purposes of constructing or populating a searchable database of reviews related to the health care industry or medical physicians
   • reformat or frame any portion of the web pages that are part of the Site and/or the Services
   • create user accounts by automated means or under false or fraudulent pretenses - or -
   • collect or store personal data about other users in connection with the prohibited activities described in this paragraph

   In addition to our rights in these Terms of Use, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

9. Changes to These Terms of Use

   We may change these Terms of Use at any time, as we reasonably deem appropriate. Upon any change in these Terms of Use, we will post the amended agreement on the Site with notice of the changes. Your continued use of the Site and/or the Services following such notification shall constitute your affirmative acknowledgement of the Terms of Use, the modification and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept these Terms of Use, including following receipt of notification of any modifications hereto, then please do not use the Site.

10. Changes to the Services

    We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Site, and the users of new services will be governed by these Terms of Use. You agree that DIRECTCARE will not be liable to you or any third party for any suspension or discontinuation of any of the Services.

11. Links to Other Sites

    The Site may include links to other websites or frame information from other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide and we make no warranties or representations of any kind whatsoever regarding those websites, including the products, software, materials, services, content, completeness, accuracy or appropriateness of content on such linked websites. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.

12. Additional Terms

    Certain Services on the Site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms of Use. If you choose to register for or access any such Services, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.

    12.1

    Pricing for the services selected shall only apply to the applicable service identified. Based upon each individual provider's judgment, other treatment, services, tests and/or interventions may be necessary and may result in additional costs to you. Any such other treatment, services, tests and/or interventions performed by a physician or other medical provider will be billed as an additional charge to you by such physician or other medical provider.

    12.2

    Cancellation policy - You may choose to enter the KumbaHealth.com platform and cancel or reschedule an appointment or service up to 48-hours before the scheduled appointment. Any appointment modification required after the original appointment is scheduled via the Site shall be done directly between the provider and the patient.Some of our providers may require a credit card hold prior to booking an appointment in order to reduce the adverse impact of no-shows on their practice. You must cancel or reschedule with at least 48-hours notice in order to receive a full refund. Said credit card hold shall be processed as payment and shall be forfeited for any missed appointment.

13. No Spam

    You may not use contact information provided by our users or participating providers, or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Site immediately and take other legal action if you or anyone using your Details violates these provisions.

14. Content You Post or Submit

    There may be opportunities to submit ratings and/or feedback regarding your experiences with providers who are featured on the Site, likewise there may be opportunities for providers to provide ratings and/or feedback regarding experiences with patients who use the Site (collectively referred to as "Posted Information"). It is important that you act responsibly when providing Posted Information. In providing feedback, please give clear, honest information about the provider and your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity or anyone elses. We retain the right to edit any content we deem necessary to protect the integrity of the Site. When participating in other aspects of the Site, please do not post any information that another user may use to identify you as an individual, but please do include all relevant information in a concise manner to help us provide you with a helpful response. We reserve the right to publish your Posted Information as part of the Service and to also remove your Posted Information for any reason. We are not, however, responsible for any failure or delay in removing Posted Information. Keep in mind that the Posted Information of others is simply opinion and should not be relied on. In addition:

    • You are solely responsible for any Posted Information that you submit, publish or display on the Site or transmit to other members and/or other users of the Site.
    • You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
    • You may not provide any Posted Content that falsely expresses or implies that such content or material is sponsored or endorsed by DIRECTCARE.
    • You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.
    • You understand and agree that DIRECTCARE may (but is not obligated to) review and delete any Posted Content that in the sole judgment of DIRECTCARE violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Site and/or other website users.
    • You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information.
    • You agree that you shall not link from any other website to the Site, link from the Site to any other point, or frame any content contained on the Site.
    • You agree that submissions you make to the Site are free of virus, Trojan horse, trap door, worm, timer, clock, robot, bot, spider or other malicious, limiting, disabling or damaging software code, design, instruction or routine.
    • You agree that no information you provide or action you take shall cause DIRECTCARE or any of its affiliates or users of the Site to violate any law, rule or regulation applicable to any such information or action.
    • By posting Posted Content on the Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, DIRECTCARE, its contractors, and the users of the Site an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Content. This license is non-exclusive, except you agree that DIRECTCARE shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other DIRECTCARE users for purposes of constructing or populating a searchable database of reviews and information related to the health care industry.
    • The following is a partial list of the kind of content and communications that are illegal or prohibited on/ through the Site. DIRECTCARE reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services and/or the Site. You may not post content that:
      • is false or intentionally misleading
      • harasses or advocates harassment of another person
      • involves the transmission of unsolicited mass mailing or "spamming"
      • violates the intellectual property or other rights of any person
      • is threatening, obscene, defamatory or libelous
      • is pornographic or sexually explicit in nature; or
      • otherwise creates any liability for DIRECTCARE or any of its affiliates or users of the Site.

15. Your Use of Content

    Except for Posted Content that you or any other visitors to the Site submit, all of the Information available on or through the Services and/or the Site, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain DIRECTCARE's proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, DIRECTCARE and its suppliers do not grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by DIRECTCARE to you are retained by DIRECTCARE.

16. Disclaimer of Warranties

    WE PROVIDE THE SITE AND THE SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE." WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SITE OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, 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 SITE OR 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 SITE OR 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 ANY INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER CONTENT, DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, DIRECTCARE MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. DIRECTCARE DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.

17. General Limitation of Liability

    YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SITE OR THE SERVICES OR (B) $100. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF PROVIDERS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".

18. Termination

    We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Use or other policies and terms posted on the Site by you or by someone using your Details. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. DIRECTCARE shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination. Sections 2, 3, 4, 14, 16, 17, 18, 19, 20 and 22 through 25 shall survive any termination or expiration of these Terms of Use.

19. Indemnification

    You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney's fees, made by you or any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of these Terms of Use by you or any third party using your Details of any intellectual property or other right of any person or entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

20. Electronic Contracting and Notices

    Your affirmative act of using this Site and/or registering for the Site or the Services constitutes your electronic signature to these Terms of Use and your consent to enter into agreements with us electronically.

21. Copyright Dispute Policy

    DIRECTCARE has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of DIRECTCARE's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section. DIRECTCARE Policy. It is DIRECTCARE's policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (b) remove and discontinue service to repeat offenders. Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Site or the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):

    • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
    • Identification of works or materials being infringed
    • Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that DIRECTCARE is capable of finding and verifying its existence
    • Contact information about the notifier including address, telephone number and, if available, email address
    • A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
    • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
    Upon Receipt of a Bona Fide Infringement Notification. Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is DIRECTCARE's policy:
    • to remove or disable access to the infringing material
    • to notify the content provider, member or user that it has removed or disabled access to the material; and
    Procedure to Supply a Counter-Notice to the Designated Agent:

    If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

    • A physical or electronic signature of the content provider, member or user
    • Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled
    • A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
    • The content provider's, member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the content provider's, member's or user's address is located outside the United States, for any judicial district in which DIRECTCARE is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

    Removal: If a counter-notice is received by the Designated Agent, DIRECTCARE may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at DIRECTCARE's discretion.
    Address for Designated Agent. Please contact DIRECTCARE's Designated Agent to Receive Notification of Claimed Infringement at the following address:
    
    Directcare, Inc. : Support
    9595 Wilshire Blvd. Suite 406
    Beverly Hills CA 90212
    
    Phone: 424-354-2272
    Email: support@KumbaHealth.com
    
    

22. Entire Agreement

    These Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Site, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of DIRECTCARE to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

23. Choice of Law and Dispute Resolution

    These Terms if Use shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of California as applied to contracts made and to be performed entirely within California, without giving effect to the state's conflicts of law statute. Any controversy, dispute or claim arising out of or related to these Terms of Use or your use of the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State, City and County of California, pursuant to the rules of the American Arbitration Association. The arbitration tribunal shall consist of one arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.

24. Assignment

    We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and the Services under the new ownership. You may not assign, transfer or sublicense these Terms of Use to anyone else and any attempt to do so in violation of this section shall be null and void.

25. Eligibility

    You must be 18 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 register 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 in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you are under the age of 13, you may not use the Site or Services, in compliance with the Children's Online Privacy Protection Act. If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms of Use to "you" shall refer to such child or such other individual for whom you have authorization to enter into these Terms of Use on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these terms, do not use the Site or Services. Membership in 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 of Use and to abide by all of the terms and conditions set forth herein. The Site is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the users own risk and user's are responsible for compliance with any local laws applicable to their use of the Services or the Site.

HIPAA Agreement

• Introduction:

DIRECTCARE, INC.("us", "we," or "DIRECTCARE") is committed to respecting the privacy rights of our customers, visitors, and other users of the DIRECTCARE services ("Services") provided via the DIRECTCARE website (collectively, "Site"). We created this Site Privacy Policy ("Privacy Policy") to give you confidence as you visit and use the Site, and to demonstrate our commitment to fair information practices and the protection of privacy. This Privacy Policy is only applicable to the Site, and not to any other websites that you may be able to access from the Site or any website of DIRECTCARE's partners, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy. Your use of the Site is governed by this Privacy Policy and the Terms of Use. If you are registering an account or using the Site on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Privacy Policy on such individual's or entity's behalf.



Traffic Data Collected:

We automatically track and collect the following categories of information when you visit our Site: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Site; (4) types of web browsers used to access the Site; (5) referring source which may have sent you to the Site; and (6) other information associated with the interaction of your browser and the Site (collectively "Traffic Data").



Information Collected:

In order for you to access certain areas of the Site, we may require you to provide us with certain information that personally identifies you ("Personal Information"). Personal Information includes the following categories of information: (1) Contact Data (such as your e-mail address, phone number and DIRECTCARE password); (2) Demographic Data (such as your gender, your date of birth and your zip code); (3) Insurance Data (such as your insurance carrier and insurance plan); and (4) Medical Data (such as your previous doctors and dentists ("Providers") visited, your reason for visit and your date of visit, your medical history, and other medical information you choose to share with us). If you communicate with us by, for example, e-mail or letter, any information provided in such communication may be collected as Personal Information. DIRECTCARE's platform is reviewed, audited, and certified to be compliant with the Payment Card Industry Data Security Standard (PCI DSS). DIRECTCARE shall continue to follow PCI DSS requirements. DIRECTCARE's platform is certified under Visa's Cardholder Information Security Program (CISP). We do not recommend that you transmit and or store credit card data within a "shared" environment.



Interactive and Installed Tools:

We also collect other information, some of which may be Personal Information that you voluntarily provide to us when you choose to use some of the Site's interactive tools and services ("Interactive Tools"), such as searching for Providers, searching for available appointments with them, and completing medical history forms ("Medical History Forms") prior to appointments. We also collect information you provide voluntarily in free-form text boxes on the Site and through responses to surveys, questionnaires and the like. Some of the free Interactive Tools on our Site ask you for health- related Personal Information. You may elect to use certain Services available through the Site that require you to download and install software on your computer ("Installed Tools"). The Installed Tools may collect and transmit information from your computer system solely relating to use of the Installed Tools and for the purpose of providing you the relevant Services, for example, by informing DIRECTCARE when a user is logged on and available to receive update or alert notices.



Cookies:

"Cookies" are small computer files that are transferred to your computer's hard drive that contain information such as user ID, user preferences, lists of pages visited and activities conducted while browsing the Site. At your option, expense and responsibility, you may block cookies or delete cookies from your hard drive. However, by disabling cookies, you may not have access to the entire set of features of the Site.

Generally, we use "cookies" to customize your experience on our Site and to store your password so you do not have to re-enter it each time you visit the Site. In addition, our business partners may use cookies to provide us with anonymous data and information regarding the use of our Site. Specifically, some of our business partners use cookies to show DIRECTCARE ads on other sites on the internet as a result of you using the Site. Such cookies do not contain any Personal Information. Other cookies used by our business partners may collect other non-personally identifying information, such as the computer's IP address, type of operating system, type of internet browsing software, what web pages were viewed at what time, the geographic location of your internet service provider and demographic information, such as gender and age range. This information is used to provide DIRECTCARE with more information about our users' demographics and internet behaviors. You may find out more about the information collected and how to opt-out of receiving these cookies by visiting our partner's respective website. We do not link the information stored in these cookies directly to any of your Personal Information you submit while on the Site, however.



Web Beacons:

In limited circumstances we also may use "Web Beacons" to collect anonymous, non-personal information about your use of our Site and the sites of selected sponsors and advertisers, and your use of emails, special promotions or newsletters we send to you. "Web Beacons" are tiny graphic image files imbedded in a web page or email that provide a presence on the web page or email and send back to its home server information from the user's browser. The information collected by web beacons allows us to statistically monitor how many people are using the Site and selected sponsors' and advertisers' sites, or opening our emails, and for what purposes.



Website Analytics:

We may use third party website analytics services in connection with the Site. These website analytics services do not collect Personal Information that you do not voluntarily enter into the Site. These services do not track your browsing habits across websites which do not use their services. We are using the information collected from these services to find usability problems to make the Site easier to use. The recordings will never identify you or your account. We only record anonymous user information, and we stop such recording before you sign-in or create an account.



Storage:

We may store all Traffic Data and review postings indefinitely, even after "deletion," and may archive such information elsewhere. We may store all Personal Information until you request that we modify or delete it, in which case we may still wind up retaining some of that information for the reasons described in Section 20 below.



Information Provided on Behalf of Children:

DIRECTCARE does not collect information from children under the age of 13 in accordance with the Children's Online Privacy Protection Act ("COPPA") as discussed below. If you are a parent or legal guardian of a minor child, you may, in compliance with the Terms of Use, use the Site or Services on behalf of such minor child. Any information that you provide while using the Site or Service on behalf of your minor child will be treated as Personal Information as otherwise provided herein.



Children's Online Privacy Protection Act:

COPPA severely restricts what information can be collected from children under the age of 13. For this reason, children under the age of 13 in the United States are prohibited from using the Site. The Site is not directed at children, and DIRECTCARE does not knowingly collect any information from individuals under the age of 13. If we learn that we have received any information from an individual under the age of 13, we will use that information only to respond directly to that child (or a parent or legal guardian) to inform him or her that he or she cannot use the Services and subsequently we will delete that information from our own servers.



DIRECTCARE's Use of Your Information:

We may use your Personal Information to recommend certain resources or medical providers. We may use your Contact Data to send you information about DIRECTCARE or our products or Services, to contact you when necessary, including to remind you of upcoming or follow-up appointments, and in conjunction with your use of certain Interactive Tools. We may use your Demographic Data, your Traffic Data, your Insurance Data or your Medical Data to customize and tailor your experience on the Site, in emails and in other communications, displaying content that we think you might be interested in and according to your preferences. You agree that DIRECTCARE may use Personal Information to allow your doctors to make appointments with other doctors on your behalf through the Services. We may also use your de-identified Personal Information to run (or authorize third parties to run) statistical research on individual or aggregate health or medical trends. Such research would only use your Personal Information in an anonymous manner that cannot be tied directly back to you.



Sharing of Information:

We share certain categories of information we collect from you in the ways described in this Privacy Policy, including as described below:

• You may choose to authorize DIRECTCARE to share your Personal Information with selected Providers. For example, if you elect to complete a Medical History Form using the Services in advance of an appointment, we may share your Medical History Form with your Providers if you agree that we may do so.
• We may share your Contact Data, Demographic Data, Insurance Data and Medical Data with Providers you choose to schedule on the Site.
• In order to customize your advertising interactions, we may share Personal Information with advertisers and other third parties only on an aggregate (i.e., non-personally-identifiable) basis.
• We may share your de-identified Personal Information with third parties to enable them to run statistical research on individual or aggregate health or medical trends.
• We share Personal Information and Traffic Data with our business partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to our operation of the Site and/or by making certain Interactive Tools available to our users. Those business partners shall be bound to uphold the same standards of security and confidentiality that we have promised to you in this Privacy Policy, and they will only use your Contact Data and other Personal Information to carry out their specific business obligations to DIRECTCARE and to provide your requested medical care and services.
• We may transfer information about you to another company in connection with a merger, sale or acquisition by or of DIRECTCARE. In this event, we will use reasonable efforts to notify you before information about you is transferred and becomes subject to a different privacy policy. DIRECTCARE does not share, sell, rent or trade your Personal Information with any third parties for their promotional purposes.





User Choice:

You may choose not to provide us with any Personal Information. In such an event, you can still access and use much of the Site; however you will not be able to access and use those portions of the Site that require your Personal Information.



Confidentiality and Security:

Except as otherwise provided in this Privacy Policy, we will keep your Personal Information private and will not share it with third parties, unless we believe in good faith that disclosure of your Personal Information or any other information we collect about you is necessary to: (1) comply with a court order or other legal process; (2) protect the rights, property or safety of DIRECTCARE or another party; (3) enforce our Terms of Use; or (4) respond to claims that any posting or other content violates the rights of third-parties.



Doctors and Dentists:

Doctors, dentists, their employees, and their agents should be particularly aware of their obligations of patient confidentiality, including without limitation their obligations under the Health Insurance Portability and Accountability Act ("HIPAA"), both in communicating with DIRECTCARE and in responding to a review of their services posted on our Site. DIRECTCARE does not have, and will not accept, any obligations of confidentiality with respect to any communications other than those expressly stated in this Privacy Policy and DIRECTCARE's Terms of Use.



Public Information:

Any information that you may reveal in a review posting or other online discussion or forum is intentionally open to the public and is not in any way private. You should think carefully before disclosing any personally identifiable information in any public forum. What you have written may be seen and/or collected by third parties and may be used by others in ways we are unable to control or predict.



Security:

The security of your Personal Information is important to us. We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. For example, when you enter sensitive information on our Site, we encrypt that information using secure socket layer technology (SSL). Although we make good faith efforts to store Personal Information in a secure operating environment that is not open to the public, you should understand that there is no such thing as complete security, and we do not guarantee that there will be no unintended disclosures of your Personal Information. If we become aware that your Personal Information has been disclosed in a manner not in accordance with this Privacy Policy, we will use reasonable efforts to notify you of the nature and extent of the disclosure (to the extent we know that information) as soon as reasonably possible and as permitted by law.



Lost or Stolen Information:

You must promptly notify us if your Contact Data is lost, stolen, or used without permission. In such an event, we will remove that Contact Data from your account and update our records accordingly.



Updates and Changes to Privacy Policy:

We reserve the right, at any time, to add to, change, update, or modify this Privacy Policy so please review it frequently. If we do, then we will notify you here, as well as by posting a notice on our Site and, where appropriate, a link to the modified policy so that you can review it. In all cases, use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.



Controlling Your Personal Information:

As a registered user of the Site, you can modify some of the Personal Information you have included in your profile or change your username by logging in and accessing your account. Upon your request, DIRECTCARE will use commercially reasonable efforts to delete your account and the Personal Information in your profile; however, it may be impossible to remove your account without some residual information being retained by DIRECTCARE. DIRECTCARE has no obligation to delete any data or information you provide on a Medical History Form following termination of your account or the account of any medical professional to whom your Medical History Form was submitted through the Site. Registered users who wish to close their account should contact support@kumbahealth.com.



Links to Other Websites:

The Site may contain links to third party websites to which DIRECTCARE has no affiliation. DIRECTCARE does not share your personal information with those websites and is not responsible for their privacy practices. Some web sites may have the look and feel of our Site. Please be aware that you may be on a different site and that this Privacy Policy only covers our Site. Should you decide to visit one of these third party websites, we suggest that you read its privacy policy.



Contact:

If you have any comments, concerns or questions about this Privacy Policy, please contact us at 310-995-4141 or


DIRECTCARE, Inc.
"Support"
9595 Wilshire Blvd. Suite 406
Beverly Hills CA 90212
Phone: 424-354-2272
Email: support@kumbahealth.com