These terms and conditions (the “Terms”) govern your access to and use of Empower Health Group’s websites and mobile applications that link to or reference these Terms (“Site”). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with Empower Health Group, a California corporation headquartered in Los Angeles, California (“Empower Health Group”). Do not access or use the Site if you are unwilling or unable to be bound by the Terms.

Parties

“You” and “your” refer to you, as a user of the Site. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. “We,” “us,” and “our” refer to Empower Health Group.

Content

“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with the Site. “Empower Health Group Content” means Content that we create and make available in connection with the Site. “Third Party Content” means Content that originates from parties other than Empower Health Group or its users, which is made available in connection with the Site. “Site Content” means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Empower Health Group Content.

Changes to the Terms of Service

We may modify the Terms from time to time. The most current version of these Terms will be located here. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.

Translation

We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Empower Health Group, and any inconsistencies among the different versions will be resolved in favor of the English version.

Eligibility

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account.

Permission to Use the Site

We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

Site Availability

The Site may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability.

Communications from Empower Health Group and other Users

By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive compliments or friend requests from other Users. You will also receive our weekly e-mail newsletter about happenings in your neighborhood. You can opt-out of non-essential communications here.

Responsibility for Your Content

You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Empower Health Group. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

Our Right to Use Your Content

We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Empower Health Group and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

Ownership

As between you and Empower Health Group, you own Your Content. We own the Empower Health Group, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Empower Health Group Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Empower Health Group Content in whole or in part except as expressly authorized by us.

Advertising

Empower Health Group and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.

Other

User Content (including any that may have been created by users employed or contracted by Empower Health Group) does not necessarily reflect the opinion of Empower Health Group. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you.

Content Guidelines

You confirm that you have read and understood our Content Guidelines.

Privacy

By using this Site, you acknowledge and agree to our Privacy Policy. We may disclose your information if we believe it is necessary to:

1. Investigate suspected illegal activities.
2. Enforce our Terms and Privacy Policy.
3. Comply with legal requests (e.g., search warrants, subpoenas, or judicial proceedings).
4. Protect our rights, reputation, property, or the safety of users and the public. If you access the Site from outside the U.S., you consent to your data being processed in the U.S.

California Online Privacy Protection Act (CalOPPA) Compliance

We comply with CalOPPA and will not distribute your personal information without your consent. We honor Do Not Track (DNT) settings; if enabled, we do not store or use your information beyond your visit.

Copyright and Trademark Disputes

Refer to our Infringement Policy for handling copyright and trademark disputes.

Suggestions and Improvements

By submitting feedback, you agree that:

1. It does not contain confidential or proprietary third-party information.
2. We have no obligation of confidentiality.
3. Similar ideas may already be under consideration.
4. You grant us a perpetual, royalty-free license to use and distribute your feedback.

Third-Party Links

The Site may contain links to third-party sites. We do not endorse or control these sites and are not responsible for their content or availability. Your use of such sites is at your own risk.

Indemnity

You agree to indemnify and hold Empower Health Group and its affiliates harmless from claims, liabilities, and legal fees arising from:

1. Your use of the Site.
2. Violation of these Terms.
3. Purchases made through the Site.
4. Infringement of any intellectual property or third-party rights. We may assume exclusive defense control at your expense, and you agree to cooperate.

Disclaimers and Limitations of Liability

• The Site is provided “as is” without warranties of any kind.
• We are not responsible for user-generated content, third-party interactions, or service disruptions.
• Your sole remedy for dissatisfaction is discontinuing use of the Site.
• Our liability is limited to the greater of (i) amounts paid by you in the past 12 months or (ii) $100.
• We disclaim liability for indirect, incidental, punitive, or consequential damages, including lost profits or business interruption.

Choice of Law and Venue

These Terms are governed by California law. Any disputes must be resolved in state or federal courts in Los Angeles County, California.

Termination

You may terminate your account by discontinuing use and notifying us. We may suspend or terminate your account at any time without notice. Certain sections of these Terms will survive termination.

General Terms

• We may modify or discontinue the Site at any time without notice.
• Notices may be provided via email, mail, or site communications.
• These Terms constitute the entire agreement between you and us.

Your Choice

For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions. In these cases, you have both the right and choice to tell us to:

• Share information with your family, close friends, or others involved in your care

• Share information in a disaster relief situation

• Include your information in a hospital directory

• Contact you for fundraising efforts

If you are not able to tell us your preference, for example, if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.

In these cases, we never share your information unless you give us written permission:

• Marketing purposes

• Sale of your information

• Most sharing of psychotherapy notes

In the case of fundraising:

• We may contact you for fundraising efforts, but you can tell us not to contact you again.

Our Uses and Disclosures
How do we typically use or share your health information? We typically use or share your health information in the following ways.

Treat You

• We can use your health information and share it with other professionals who are treating you.
  Example: A doctor treating you for an injury asks another doctor about your overall health condition.

Run our organization

• We can use and share your health information to run our practice, improve your care, and contact you when necessary.
  Example: We use health information about you to manage your treatment and services.

Bill for your services

• We can use and share your health information to bill and get payment from health plans or other entities.
  Example: We give information about you to your health insurance plan so it will pay for your services.

How else can we use or share your health information? We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes.
For more information see: http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html

Help with public health and safety issues

We can share health information about you for certain situations such as:

• Preventing disease

• Helping with product recalls

• Reporting adverse reactions to medications

• Reporting suspected abuse, neglect, or domestic violence

• Preventing or reducing a serious threat to anyone’s health or safety

Do research:

• We can use or share your information for health research.

Comply with the law:

• We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.

Respond to organ and tissue donation requests:

• We can share health information about you with organ procurement organizations.

Work with a medical examiner or funeral director:

• We can share health information with a coroner, medical examiner, or funeral director when an individual dies.

Address workers’ compensation, law enforcement, and other government requests.

We can use or share health information about you:

• For workers’ compensation claims

• For law enforcement purposes or with a law enforcement official

• With health oversight agencies for activities authorized by law

• For special government functions such as military, national security, and presidential protective services

Respond to lawsuits and legal actions:

• We can share health information about you in response to a court or administrative order, or in response to a subpoena.

Our Responsibilities

• We are required by law to maintain the privacy and security of your protected health information.

• We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.

• We must follow the duties and privacy practices described in this notice and give you a copy of it.

• We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.

For more information see: Empower Health Group