Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By your agreement to use the services (the “Services”) of ezzree.com (the “Website”) provided by Merkavah Inc. (dba Ezzree) (“Ezzree”) through an Ezzree Guide, Ezzree Advocate, Ezzree Bioethicist and/or all other Ezzree (“Ezzree Consultant(s)”), you become a user of the Services (“Uzer”). As a Uzer, you signify your assent to these Terms and Conditions, which you should carefully review. If you do not agree to all of these Terms and Conditions of use, do not use this Website. The terms “you,” “your,” and “yourself” refer to the individual Uzer.
As a Uzer, you can access the Services on a one-time basis or on a more frequent basis. With each access to any Services, you hereby acknowledge that you are responsible for determining the course and result of your interactions. While all Ezzree Consultants may offer suggestions, recommendations, opinions and perspectives, you acknowledge that Ezzree is never responsible or liable for any of your decisions, actions, inactions and outcomes related to or separate from your conversations and interactions with any Ezzree Consultant (“Actions”). You will not hold Ezzree responsible for your Actions now or in the future in any way as the result of the Services provided to you.
IF YOU ARE CONSIDERING OR CONTEMPLATING SUICIDE OR FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATELY CALL 911, NOTIFY THE POLICE OR CONTACT EMERGENCY MEDICAL SERVICES. THIS SERVICE IS NOT TO BE USED FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. Ezzree does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information. Reliance on any information provided by the Website is solely at your own risk.
The Website Does Not Provide Spiritual Care, Support Services, Bioethics, Patient Advocacy or Medical Care
While Ezzree connects individuals with trained professionals, who provide spiritual care, this website does not provide such care. Additionally, Ezzree does not provide medical care nor does this Website. The content of the Website, such as scores, statistics, text, graphics, images, information, and other material contained or that may be contained on the Website (the “Content”) are for informational purposes only. The Content is not intended to be a substitute for professional spiritual care or for professional medical advice, diagnosis or treatment. Always seek the advice of your spiritual care provider, bioethicist, patient advocate, social services provider or physician with any questions you may have regarding a medical condition or your spiritual well-being. Never disregard professional medical advice in reliance on this Website or delay in seeking it because of something you have seen on the Website.
While Ezzree is not considered a “Covered Entity” under federal law, Ezzree is committed to protecting your personal information. The Website contains many of the same types of security features as other secure websites such as banking websites including: encryption, registration requirements, authorization, and password protection. The Website has several tools that allow for the recording and storage of your information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your devices or passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of your sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your account and password; (3) promptly inform Ezzree if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the “Contact Us” link located at the bottom of every page of the Website. You grant Ezzree and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website. Ezzree cannot and does not assume any responsibility or liability for your or adverse parties’ use or misuse of information transmitted or received using the Website’s tools and services.
Ezzree Authorization for Use of Personal Information and Use of Unsecured Electronic Communication
While Ezzree is not considered a “Covered Entity” under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), Ezzree takes the protection of your personal health information very seriously. By confirming the terms of this authorization, you are acknowledging your understanding that Ezzree is not a “Covered Entity” under HIPAA.
HIPAA sets standards for protecting the rights of patients and Ezzree uses those standards as guidelines for its Privacy Policies. One of HIPAA’s regulations mandates that correspondence that contains protected health information (“PHI”) should be sent by encrypted (secured) email. However, Ezzree understands that on occasion a client may find it more convenient to communicate with us through an unsecured electronic medium or application. It is very important that you are aware that unsecured e-mail, text messages, e-fax, and other forms of unsecured electronic communication (“e-communication”) can be accessed relatively easily by unauthorized persons and hence can compromise the privacy and confidentiality of such communication. Unsecured e-communication may be vulnerable to such unauthorized access due to the fact that servers or communication companies may have unlimited and direct access to all e-communication that goes through them.
It is always a possibility that unsecured e-communication can be sent erroneously to the wrong address and computers. Unsecured e-communication provides as much privacy as a postcard. You should not communicate any information through e-communication that you would not want to be included on a postcard that is sent through the U.S. Postal Service.
Furthermore, if you ask an Ezzree Consultant to contact a third party on your behalf, your verbal request is confirmation that such contact and disclosure of any information to the third party at the Ezzree Consultant’s discretion may be made notwithstanding HIPAA regulations.
You also agree that the sessions can be taped but your identity and identifying information will be kept private as best as possible.
E-communication on your computer, your laptop, iPad, phone or other devices has inherent privacy risks – especially when your e-communication access is provided through your employer or when access to your e-communication is not password protected. If you instruct us to communicate with you through an unsecured electronic medium, you may be waiving a right to have that information protected from disclosure to others.
Based upon your review of these Terms and Conditions and your use of the Website, you understand and agree to the following:
Your authorization and confirmation of these Terms and Conditions will continue indefinitely, but you may revoke it at any time by providing written notice to Ezzree at info at ezzree.com.
- You confirm that you are at least 18 years of age or if under the age of 18 years, your parent or guardian has provided written consent to Ezzree to your use and access of the services at firstname.lastname@example.org.
- You agree that Ezzree may utilize your personal information internally for purposes including, but not limited to, the development of Ezzree programs, spiritual care and data analysis;
- Although Ezzree will make all reasonable efforts to keep e-communications, including text messages, recordings and e-mails, confidential and secure, Ezzree cannot assure or guarantee the absolute confidentiality of such communications;
- At Ezzree’s sole discretion, Ezzree may include such e-communications with you as part of your permanent client record;
- You agree to waive the requirement that Ezzree only communicate the “minimum necessary” amount of information, and it is your express intent that Ezzree has full and unfettered access to any and all information related in any way to receiving spiritual care support, or the other services provided through this Website;
- You agree that Ezzree may communicate your personal and health information, including PHI, through an unsecured electronic medium; and
- You have evaluated the risks and made an informed decision to take the risk that such communication may be intercepted and re-disclosed by third parties.
Uzers Rules for the Site
By using the Website, you agree that you will not undertake any of the following actions:
- Use the Website for any purpose that is in violation of any local, state, federal or international law;
- Engage in any conduct or action that, in the sole discretion of Ezzree, is inappropriate, inhibits or restricts others from using and benefiting from the Services and/or the Website; or
- Impersonate another individual.
With or without any advance notice, Ezzree, in its sole discretion, may terminate your session and/or your account with or without cause. Ezzree will take any action necessary to deal with such violation. As appropriate, Ezzree will contact you as to how such violation is being handled.
You authorize Ezzree to disclose through unsecured electronic medium all of your individually identifiable health and personal information and records regarding any past, present or potential future health, mental or emotional conditions.
You agree to hold harmless Ezzree, its Ezzree Consultants, its owners, its shareholders, directors, officers, workforce, consultants, affiliates, agents and representatives from all actions, causes of action, obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities, defenses, offsets or demands whatsoever relating to the transmission of unencrypted electronic communication and attachments.
Ezzree Guides and all Ezzree Consultants are required to learn and follow the guidelines for mandated reporting in their given state, region, or country. Ezzree is committed to saving lives and to doing no harm. Ezzree requires the reporting of all visitations that indicate or bring to the surface any questions regarding the possibility of a Uzer or client of Ezzree causing harm to oneself or to others.
The use of the Website and the Content is at your own risk.
When using the Website, while advanced technological safeguards are in place, information will be transmitted over a medium that may be beyond the control and jurisdiction of Ezzree and its affiliates. Accordingly, Ezzree assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website.
The Website and the Content are provided on an “as is” basis. EZZREE, ITS LICENSORS, AFFLIATIATES, OWNERS AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Ezzree, its licensors, affiliates and its suppliers make no representations or warranties about the following:
- The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Website; or
- The satisfaction of any government regulations or compliance of any software tools with regard to the Content contained on the Website.
In no event shall Ezzree, its licensors, affiliates, its suppliers, or any third parties mentioned on the Website be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Website or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Ezzree, its licensors, its suppliers, or any third parties mentioned on the Website are advised of the possibility of such damages. Ezzree, its licensors, affiliates, its suppliers, or any third parties mentioned on the Website shall be liable only to the extent of actual damages incurred by you, not to exceed one thousand U.S. dollars ($1,000). Ezzree, its licensors, its suppliers, or any third parties mentioned on the Website are not liable for any personal injury, including death, caused by your use or misuse of the Website or Content. Any claims arising in connection with your use of the Website or Content must be brought within one (1) year of the date of the event giving rise to such action. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
Materials in the Website are protected by trademark and copyright laws. You may use the materials on this Website for your personal, non-commercial purposes. You may not reproduce, duplicate, distribute (including by way of email, facsimile or other electronic means), publish, modify, copy or transmit material from the Website unless you have obtained Ezzree’s prior written consent.
You agree not to use the Website or any of its features for any purpose that is unlawful or prohibited by these Terms and Conditions. You are personally responsible for the material that you send and for adhering to rules of conduct on any page of the Website. Ezzree reserves the right to deny access to any part of the Website at our sole discretion.
You agree to defend, indemnify, and hold Ezzree, its owners, officers, directors, workforce, consultants, agents, licensors, affiliates and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
The Website contains advertisements by third parties. The advertisements may contain links to other websites. Ezzree makes no representation, warranty, or endorsement of any product or the content or accuracy of any materials contained in or connected to any advertisement on the Website or any link to any third party.
Servicemarks and Trademarks
“Ezzree”, “Ezzree” logo, “Clubz” and “Clubz” logo are servicemarks of Merkavah Inc. All other servicemarks and trademarks appearing on the Website belong to their respective owners.
You expressly agree that exclusive jurisdiction for any dispute with Ezzree, or in any way relating to your use of the Website, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving Ezzree or its affiliates, subsidiaries, workforce, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
These Terms and Conditions constitute the entire agreement between you and Ezzree with respect to the use of the Website and Content.
Amended Terms and Conditions
Ezzree (“Ezzree”) as the owner of the Website may revise and update these Terms and Conditions at any time. Your continued usage of the Website will mean you accept those changes.
It is understood and agreed that if any part, term, or provision of this Agreement is held by a court to be unenforceable, unlawful or in conflict with any law of the State of California, the validity of the remaining terms of these Terms and Conditions shall not be altered, and the rights and obligations of the parties shall be construed and enforced as if these Terms and Conditions did not contain the part, term, or provision held invalid.