Terms of Use

Zweena® Participation Agreement & Terms of Service
This policy is updated and effective as of October 2012.

Acceptance of this Agreement

You are deemed to have accepted this Agreement upon the earlier of: (a) your submission of a completed enrollment package; (b) your clicking “I Accept” to accept this Agreement electronically during your initial registration using your uniquely assigned user id number; or (c) your use of the Service. If you do not agree to this Agreement, you may not use the service and you must terminate your service immediately by contacting Zweena at 1-877-848-4248. This Agreement is made up of the terms and conditions as set forth below, as well as the Terms of Use Policy, Privacy Policy, all Attachments to this Agreement, and the other policies and materials specifically referred to in this Agreement, all of which are incorporated herein by reference. This Agreement and related policies are also set forth on the Zweena website at http://www.zweenahealth.com. http://www.zweenahealth.com.

1. Definitions

“Product(s)” means all computer views, scans, text, graphics, dashboards, photographs, animations, scripts, icons, audio, data and all other non-software components of the Products.

“Zweena Web Site” means the web site, and all subsequent pages made available by Zweena’s server accessed at http://www.zweenahealth.com.

“Service(s),” for purposes of this Agreement, shall mean the Zweena Personal Health Record (PHR) service available via the internet and telephonic communications with the Zweena PHR Service Representatives, and/or technical support by the Zweena technical support staff.

“Software” means all computer code (both source and object), applets, interfaces, commands, syntax and expressions of ideas that operate, cause, create, direct, manipulate, access or otherwise affect the Content in the Products, whether created by us or licensed by us from third parties.

“You” and “your” refer to the named individual subscriber, his/her spouse (if enrolled), and minor-children of the individual signing this Agreement.

“Zweena,” “we”, “us,” and “our” refer to Zweena and contractors, agents or business partners who perform services for us on your behalf.

“Zweena Personal Health Record” (Zweena PHR) is our unique electronic database containing pertinent medical information about your health history. Every time you have a medical visit and you inform Zweena about that visit, the details about you and your health are recorded in this database as provided by your healthcare providers. Your medical authorization allows us to collect your medical information and place it into our unique and secure digital format and to grant access of this information to you, your family, your healthcare providers, or whoever you choose to be involved in your care.

2. Services Provided

3. Proprietary Information and License to Software

In connection with the Services, we may provide you access to certain software which is owned by Zweena or its third party licensors, providers and suppliers, and which may be provided free or for a fee, defined above as the “Software.” We reserve the right to update, upgrade or change the Software and related settings on your computer. You may use the Software only as part of or for use with the Services and for no other purpose.

Except as explicitly stated otherwise, the Products, Software, Zweena Web Site, Service and Zweena Personal Health Record (“Zweena IP”) are proprietary and the intellectual property of Zweena, or its parent, affiliates, licensors, or suppliers and is protected by both the terms of this Agreement and domestic and foreign contractual and intellectual property laws, including but not limited to, copyright, trademark, patent and trade secret laws, all rights reserved. Removing or altering any copyright notice or any other proprietary notice on any Zweena IP is strictly prohibited. Any commercial use of Zweena IP, in whole or in part, without the prior written consent of Zweena, is prohibited.

All names, trademarks, service marks, symbols, slogans, and logos appearing in or on the Zweena IP are proprietary to Zweena or its parent, affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Zweena IP.

Zweena reserves the right to remove any content that allegedly infringes another person’s copyright. Zweena will terminate, in appropriate circumstances, subscribers who use the Zweena’s system or network to infringe another person’s copyright.

The Zweena Web Site may include technological protection measures that effectively control access, reproduction or distribution of the Products. Any attempt to tamper or dismantle these protections is a breach of this Agreement and may be a violation of the Digital Millennium Copyright Act of 1998, and may subject the violator to civil and criminal penalties.

The Service is a consumer service and is not designed or intended to be used by any business or for any business or commercial purpose. Zweena reserves the right to change any of the features, content or applications offered as part of the Service at any time; with or without prior notice to you.

4. Authorized User License and Responsibilities

You acknowledge that you are 18 years of age or older, and you agree that you have the legal authority to enter into this agreement and to act on behalf of the individual family members for whom you are providing information, and you affirm that the information you supply to us is correct and complete. As explained further in our Statement Regarding Personal Health Information of Young Adults http://www.zweenahealth.com, Zweena relies on the decision made by your health care provider and you as to whether an adolescent record should be shared with you through the Zweena Web Site. You understand that Zweena relies upon the information you supply and that providing false or incorrect information may result in delivery delays or the suspension or termination of your Service. You agree to promptly notify Zweena should your personal information change (including for example, your name, email or mailing address, telephone number, physician/healthcare professional information, and credit/billing information, etc.) You will use the Zweena Web Site and Products in accordance with this Agreement. Any and all information that you provide will be true and accurate and you will at all times comply with all applicable laws, rules and regulations with respect to your use of the Zweena Web Site and Products.

When you register for the Zweena Web Site, you will register for a HealthVault account, at which time you will choose a User ID and a password that you will use to access the Zweena PHR and your HealthVault account. You will be provided a strongly encoded password (suitably complex and random to precluded “cracking”), which you may change at any time, subject to the complexity requirements of Zweena and HealthVault security. Protection from disclosure of your User Id and password is solely your responsibility. Zweena personnel will never ask you for your password. Zweena personnel can regenerate a new random password that will be automatically sent to you via email, upon request, but will only do so once they have positively validated your identity. See Security of Information section of the Zweena Web Site for additional requirements.

Except as set forth herein, you are not granted any title or rights of ownership in the Zweena IP. Zweena grants to you a personal, non-exclusive, non-transferable, limited license to:

• Use the Products as provided herein until your subscription under this Agreement terminates or is terminated;
• Access, load, store and operate the Products with browser Software; and
• Display, download and print such portions thereof on an ad hoc basis for your own uses subject to the limitations in this Agreement.

You acknowledge that this license is not a sale of intellectual property and that Zweena or its third party licensors, providers or suppliers continue to own all rights, title and interests, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades.

Notwithstanding the above, you shall NOT, without the prior written consent of Zweena:

• Decompile, reverse engineer, disassemble or create derivative works from the Zweena IP;
• Attempt to discover any source code or underlying ideas or algorithms of the Software or otherwise reduce the Software to a human readable form;
• Remove, obscure, modify, hide or otherwise make unreadable any notice, legend, advice or other designation contained in the Zweena IP, including but not limited to, any and all copyright, trademark and patent designations;
• Use the Zweena Web Site or Products to infringe, misappropriate or violate the rights of Zweena or third parties;
• Upload, post, email, transmit, publish, re-publish, distribute, display or otherwise make any Zweena IP available in any fashion, including but not limited to, oral and/or written communication, in whole or in part, or any information contained in the Products, or reproductions to any third parties not employed by You or not hired by You as an independent contractor;
• Download, “screen-scrape,” copy temporary files, or utilize any other method of reproducing, transferring, or saving to disk any rendered, processed, or raw data from the Zweena IP except using functionality provided for such operations by the Product interface.
• Interrupt, or attempt to interrupt, the operation of the Zweena Web Site in any way;
• Use the Zweena IP for advertising, exploitation, rental, lease, sale or resale or sublicense or distribute the Zweena IP;
• For the period of more than one hour, cache, or otherwise temporarily store the Products on any server or other device used to communicate with individual personal computers or personal devices. Such limitation does not include cache which is automatically stored by an individual personal browser application;
• Store the accessed, used, or downloaded Products in any electronic, magnetic, optical or other format now known or hereinafter created; or
• Assign, rent, lend, lease, sell, sublicense, transfer, export from the United States, copy, reproduce, modify, adapt, or translate the Zweena IP except as expressly permitted in this Agreement.

You agree that the Software we use on the Zweena Web Site is the confidential information of Zweena or its third party licensors, providers and suppliers, which you shall not disclose to others or use except as expressly permitted herein.

We will provide technical assistance and support for the Software in accordance with our policies. Zweena does not provide technical assistance or support for any third party Software or for your computer.

Your license to use the Software shall remain in full force and effect unless and until terminated by Zweena, its third party licensors, providers or suppliers, or until your Services is terminated by you. Zweena reserves the right to log off from the Zweena Web Site subscribers who are inactive for an extended period of time and/or log off subscribers who violate any provision of this Agreement.

5. Acceptable Use Policy

You agree to comply with the terms of the Terms of Use Policy, which is incorporated herein by reference.

6. Revisions to This Agreement

We may revise the terms and conditions of this Agreement from time to time (including any of the policies which may be applicable to usage of the Service) by posting such revision highlights to the Zweena Web Site at http://www.zweenahealth.com under Terms. By continuing to use the Service after revisions are in effect, you are deemed to have accepted and agreed to such revisions.

7. Availability of Service

Zweena or our contractors may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control. We will try to limit these times to off-peak use hours, but cannot guarantee that we will not have interruptions in Service during normal business hours.

8. Payment

Payment by an Individual User. In order to receive the Services and the benefits of a Zweena PHR, Zweena charges a fee. The current fee structure is located at http://www.zweenahealth.com/pricing. These fees include (a) a monthly access fee, and (b) a selected page bundle fee for all data collection/record processing for both initial and on-going medical record aggregation, (c) Provider copy charges and record mailing fees. The record photocopying and mailing fees are those fees that your healthcare providers charge to Zweena in order for us to collect your medical records. These fees are charged to you at our cost, without additional mark up or handling/processing fees. The price of the Services excludes all taxes and internet charges, unless stated otherwise. You are responsible for any taxes that you are obligated to pay. You are responsible for all other charges related to your internet connection and use of your computer. Unless otherwise provided by law or in connection with any particular service offer, all charges are non-refundable.

Only a valid credit card number will be accepted. Zweena retains the right to charge any and all Provider copy charges that are incurred in the process of collecting the medical record from the physician. The physician or other health care provider is permitted by law to ask you to pay reasonable copy charges for copies made of your medical record. Zweena passes these charges to you without any up-charges (this means we don’t make any money on Provider copy charges).

Zweena reserves the right to change its fee structure at any time. Please review the current fee structure at http://www.zweenahealth.com to be certain you still agree with our provisions. Should the fees change, Zweena will post a notice of that change on the website and we will notify you about any changes before incurred on your account.Your use of our online payment services after any changes to the fee structure will constitute your agreement to such change(s). If you cancel your service, then your service will end at the end of your current service time length or, if we bill your account on a period basis, at the end of the period for which payment was received prior to your cancellation.

When you create a billing account, you enter your payment method. You must be authorized to use the payment method. You authorize us to charge you for the service using your payment method. You will pay service charges in advance. Should you choose our automatic renewal option, the service will be provided indefinitely, and we will automatically renew your service and charge you for any renewal term. You may discontinue the automatic renewal at any time, up to three (3) business days before a payment is scheduled.

For purpose of identification, billing and marketing, you agree to provide us with current, accurate, complete and updated information required by the online registration, including your billing address and the expiration date of your credit card. You agree to notify us immediately of any changes in your registration data. We are not responsible for your failure to receive any notices or information or any other problem that results from your failure to keep such contact and/or payment information current and accurate. You can access your billing account by login in to you Zweena account at: http://www.zweenahealth.com and accessing the My Account tab, where you can make changes to your billing account. You may change your payment method at any time. If you tell us to stop using your payment method, we may cancel your service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request.

On-line statement; Errors.We will provide you with an electronic online billing statement, which is the only statement that we provide. If you request a paper copy, we may charge you a processing fee. We will only provide paper copies for the past 120 days. Should you believe an error has appeared on your bill, you must contact us within 120 days after an error first appears and provide us with your name and account information, the dollar amount of the suspected error and a description of the suspected error. Upon investigation, if we determined in our sole discretion that an error has occurred, we will correct it after you have promptly notified us within the time period. You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first appears on your online statement. If you do not tell us within this time period, we will not be required to correct the error. To report an unauthorized transaction, contact Zweena Customer Support at 1-877-848-4248 or send an email to info@zweenahealth.com. Customer Support is available Monday through Friday, 9am to 5pm EST. If you authorize us to automatically debit your checking account, you can stop the payment on any amount you think is incorrect. To stop the payment your letter must reach us three (3) business days before the automatic payment is scheduled to occur.

Late Payments. Except to the extent prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1% of the unpaid amount each month or the maximum rate that is permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts. These costs may include reasonable attorneys’ fees and other legal fees and costs. We may suspend or cancel your service if you fail to pay in full on time.

Payment by a Third Party. Alternatively, your annual fee for the Service may be paid to Zweena on your behalf by a third party that has a separate arrangement with Zweena. While you will still be required to accept this Agreement, you will not be required to make any payments to Zweena for the Services.

Record destruction. Records of any format will be destroyed using appropriate commercially available methods within 90 days of the medical information being uploaded to the consumer ZHR and published to Microsoft HeatlhVault (MSHV).

9. Term and Termination

The term of this Agreement begins at the time you accept this Agreement and will continue until you choose to cancel your account. Thereafter, the contract will automatically renew for additional terms of one (1) month each, under the current terms and conditions in effect at that time, unless this Agreement is terminated earlier as set forth below.

You may cancel your membership at any time by ”Opting-Out” on the My Account tab or you maycall Zweena Customer Support at 1-877-848-4248.

Zweena may terminate the Service upon notice to you for any reason. Additionally, if, in the sole discretion of Zweena: (a) you are in breach of any of the terms of this Agreement (including but not limited to) all policies regarding abuse and acceptable use of the Zweena IP; (b) your use of any part of the Zweena IP is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Zweena’s servers, or the use and enjoyment of other users; or (c) Zweena receives an order from a court to terminate your Service; or (d) if Zweena for any reason ceases to offer a Service entirely or in a particular geographic area or specific location.

You agree that if your Service is terminated for any reason, Zweena has the right but not the obligation, to immediately delete all data, files, and other information stored in or for your account without further notice to you. Thereafter, Zweena may destroy this information. Even after your Zweena service is terminated, your information will be maintained in your HealthVault account in accordance with HealthVault’s policies and procedures. You may contact HealthVault directly to inquire about the information in your HealthVault account.

Arrangement Through a Third Party. This Agreement and your access to the Service may be terminated at any time if the services agreement between Zweena and the third party that arranges and pays for your Service is terminated or expires. Zweena will notify you upon termination of this Agreement. If this Agreement is terminated because the agreement between Zweena and that third party is terminated, you may choose to enter into a new participation agreement with Zweena to continue your use of the Zweena Personal Health Record service at your own cost.

The following provisions of this Agreement shall survive the termination of this Agreement: Sections 3, 5, 9, 10, 16, 17, 18, 19, 20, 21, 22, 23 and 24 all other provisions of this Agreement that by their nature extend beyond the termination of this Agreement.

10. Confidentiality of Information

The privacy of your personal and medical information is important to and will be respected by Zweena and companies working for us. We do not collect any personal or medical information about you or your family without your consent. With your authorization and consent, we will contact your health care providers and request medical, hospital, pharmacy, laboratory records and test results, insurance records, and other pertinent records related to your health. We will then transfer the medical information contained in these records into a secure, web-based, consumer view of the information gathered from these records. Once we ensure that we have accurately captured the medical information into the database, the paper copies obtained from your healthcare providers will be shredded on a confidential basis. Zweena generally considers itself to be a “Business Associate,” and therefore protects your identifiable health information consistent with applicable provisions of the Federal health privacy law called the “Health Insurance Portability and Accountability Act” or “HIPAA.”

We will not sell, trade, rent or provide access to your personally identifiable information or medical information to others without your authorization or as specifically described in this agreement. We may share your personally identifiable information and medical information with our contractors, agents or business partners in order that they may perform service for us on your behalf. Each such contractor, agent or business partner is required to comply with our privacy and security procedures. In addition, in rare instances we may be required by applicable laws, court orders, or government regulations to disclose this information. If such a demand occurs, we will notify you of the demand for information promptly upon receipt of such a request. You will also be advised of the time frame within which we are required to respond to the demand and will delay our response until the last possible opportunity to afford you time to seek counsel of your attorney, or until we receive your written consent to disclose the information, whichever occurs first. After that time, we will disclose such information as is reasonably required to respond to such request. Finally, circumstances may arise where Zweena may, for business reasons, decide to divest its business through sale, merger or acquisition. In these circumstances, personal information may be shared with actual or prospective purchasers. Zweena will obtain written assurances that personal information will be protected appropriately in these circumstances.

Please note that these provisions apply only to our collection, handling and use of your personally identifiable information and medical information and may not apply to information provided to us during your use of the Zweena Web Site. In order to electronically pay for the Service, you will be required to provide us with certain personally identifying information including your credit card information. Such information will be used in accordance with Zweena’s Privacy Policy, available at http://www.zweenahealth.com. We recommend that you read our Privacy Policy and Terms of Use whenever you visit the Zweena Web Site so that you are aware of any changes to those policies.

We require all contractors or third parties doing work for us comply with the terms of this Agreement, including its privacy terms and use appropriate efforts to limit access to personally identifiable information and medical information. If we transfer an asset (such as the Zweena Personal Health Record) to another company, we will require such third party to honor this Agreement and its privacy terms.

11. Security of Information

Zweena uses a number of technologies to secure the information it stores for you including, but not limited to, firewalls, intrusion detection systems, Secure Socket Layer (SSL) 128-bit encryption for communication, and integrated Windows Authentication on all databases, and digital signatures

You are responsible for the development and maintenance of any security procedures you deem appropriate, such as logon security and encryption of data, User Id and passwords on your modem and/or router and firewalls, to protect your information housed on your computer.WE STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF COMMERCIAL ANTIVIRUS AND FIREWALL SOFTWARE.

You are responsible for maintaining the confidentiality of the User ID and password used to access your Zweena and HealthVault accounts. You shall immediately notify us of any known or suspected unauthorized use of your subscription, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password or User Id.

12. Access to Information

In subsequent versions of the Zweena PHR, at the time of enrollment in the Service or at any time after your enrollment, you can elect to have your personal health records made available to any or all of your healthcare providers. In the event that you elect to make your personal health record available to healthcare providers, you will be provided with instructions on how these professionals can access this information. In addition, in the event of an emergency, you can elect to have your personal health record made available to medical personnel who are treating you. Otherwise, no unauthorized individual will be granted access to your personal health record, without your express permission.

13. HealthVault

Zweena is proud to work with HealthVault in providing the Services available through the Zweena Web Site. You understand and agree that any information about you that is collected by Zweena or entered into your Zweena PHR is shared with HealthVault. When you register for Zweena, you also register for a HealthVault account, at which time you agree to the terms and conditions of use of a HealthVault account. You should review the privacy policy and terms of use posted on the HealthVault website to understand how Health Vault collects and uses your personally identifiable information.

14. Other Third Party Agreements

If you use the Zweena Web Site to access or subscribe to any third party services offered by or through Zweena, your use of any such services or sites is subject to the terms of use or service of such third party service providers. You agree to comply with such provider’s terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services may include, but are not limited to, health care chat rooms, medical association websites, disease specific consumer websites, etc. that Zweena may elect to make available from time to time. Violation of such third party provider’s terms of service may, in the sole discretion of Zweena, result in the termination of your Service.

15. Limitations on Use of the Service

You agree that the Internet is not owned, operated or managed by, or in any way affiliated with Zweena and Zweena is not responsible and has no control over the information or materials accessible via the Internet even if a link is provided from the Zweena Web Site to these third party websites.

16. Management of Your Data and Computer

You are solely responsible for obtaining, installing, configuring, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Service and to operate your computer. You understand that internet service providers provide bandwidth on a per-line basis, and that the speed and bandwidth available to each computer or device connected to the provider’s network will vary depending upon the number, types and configuration of computers or devices using their service and the type of use, network or Internet congestion, and/or the condition of the wiring or connectivity among other factors. Accordingly, all such factors could affect the speed at which you are able to access your data from the Zweena PHR database.

17. Disclaimer of Warranties and Limitation of Liability

THE ZWEENA IP AND ANY OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE ZWEENA WEB SITE IS MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE ZWEENA IP IS ENTIRELY AT YOUR OWN RISK.

ZWEENA, ITS AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE ZWEENA IP AND ANY OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE ZWEENA WEB SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, COMPATIBILITY, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL ZWEENA IP AND ANY OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE ZWEENA WEB SITE, IS WITH YOU. THERE ARE NO WARRANTIES: (A) THAT THE FUNCTIONS CONTAINED IN THE ZWEENA WEB SITE OR THE PRODUCTS SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS, (C) THAT ANY PRODUCT DEFECTS WILL BE CORRECTED, (D) THAT THE ZWEENA WEB SITE AND PRODUCTS SHALL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR (E) THAT THE ZWEENA WEB SITE AND PRODUCTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW THE UNIFORM COMMERCIAL CODE AND THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT SHALL NOT APPLY TO THIS AGREEMENT.

ZWEENA, ITS AFFILIATES, AGENTS, CONTRACTORS OR LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE ZWEENA IP OR THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE ZWEENA WEB SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR ZWEENA HAVE BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF ZWEENA, ITS AFFILIATES, AGENTS, CONTRACTORS OR LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE ZWEENA IP OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU OR ON YOUR BEHALF DURING THE PRECEDING TWO MONTHS FOR USE OF THE ZWEENA IP. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF ZWEENA AND ITS LICENSORS SHALL BE LIMITED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS.

18. Not Medical Advice

The information on the Zweena Web Site is for informational purposes only. No information, services, or materials offered by or through the Zweena Web Site shall be construed as or understood to be medical advice or care. None of the information on the Zweena Web Site shall be used to diagnose or treat any health problem or disease. Content on the Zweena Web Site and conversations with Zweena PHR Health Representatives are not intended to and do not constitute medical advice and neither this Agreement nor the use of the Services creates a physician-patient relationship. In connection with this statement, please take particular care to read the Disclaimer and Limitation of Liability.

19. Force Majeure

Neither party shall be liable to the other for any delay or default in performance where caused by any kind or extent beyond its reasonable control including, by way of example, but not limited to, any act of God, failure of suppliers, internet failures, any act, regulation or law of any government, war fire, theft, riot, embargoes, civil commotion, earthquake or storm, or epidemic (“Force Majeure”). The party claiming relief under this provision, shall notify the other party in writing of the event of Force Majeure causing delay or default in performance and the parties may either (i) extend the time for performance or (ii) terminate the uncompleted portion of the Services. Each party shall take reasonable action within its control to alleviate the Force Majeure causing delay or default in performance.

20. Governing Law and Jurisdiction

This Agreement, together with the Zweena Web Site Terms of Use and Privacy Policy, represent the entire agreement between you and Zweena with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of Delaware, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THIS AGREEMENT OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the works, content, or materials on the Zweena IP, you consent and agree to (a) the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.

21. Assignment

You shall not assign your rights, duties, or obligations under this Agreement to any person or entity, in whole or in part, whether by assignment, operation of law or otherwise, without the prior written consent of Zweena and any attempt to do so shall be void.

22. Severability

If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this Agreement, and all provisions not affected by such invalidity shall remain in full force and effect.

23. Waiver

The waiver by either party of a breach or default in any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions; not shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.

24. Notice

Any notice provided pursuant to this Agreement, if specified to be in writing, shall be deemed given (a) if by hand delivery, upon receipt thereof, (b) if by mail, ten (10) days after deposit in the United States mails, postage prepaid, certified mail, return receipt requested, (c) if by facsimile transmission, upon electronic confirmation thereof, or (d) if by e-mail or by next day delivery service, upon delivery to recipient.

25. Headings

The section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof.

26. Contact Address for Zweena

Zweena can be reached by contacting us by phone at 1-877-848-4248; email at info@zweenahealth.com or by mail at