VENICE DIVAN ONLINE TERMS OF USE
Last revised December, 2016

These terms and conditions of use (“Terms of Use”) apply to healthcare and content providers and govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Venice Divan, Inc. (“Venice Divan”, “we” or “us”), including the https://www.mooshme.com and https://app.mooshme.com website (the “Site”) and the services available to users through the Site (“Services”). Please also consult our Privacy Policy [insert link] for a description of our privacy practices and policies, including how we collect and handle personal health information and financial information.

  1. Ownership of the Site

    All pages within this Site and any material made available for download are the property of Venice Divan, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. The Contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Venice Divan. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Venice Divan without our express written consent.

  2. No Doctor-Patient Relation with or Medical Advice from Mooshme

    Mooshme provides a platform for you to consult with your licensed health care provider and to obtain access to additional information regarding the use of cannabis for medical treatment, which you may or may not choose to utilize in planning your health care and wellness. The services provided through the Site are not a substitute for direct in person health care services. The decision to focus on diagnosis, treatment recommendations, or both rests with you and your licensed health care provider, whom you select in your sole discretion. You understand that by coordinating and in certain cases consulting with a licensed health care provider through the Site, you are not entering into a doctor-patient relationship with Mooshme and you understand and acknowledge that Mooshme is neither a licensed health care provider nor a provider of cannabis for medical use.

    THE CONTENT OF THE SITE, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEATH CARE PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY MEDICAL CONDITIONS. MOOSHME DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS OR OTHER INFORMATION THAT MAY BE INCLUDED ON THE SITE. RELIANCE ON ANY INFORMATION APPEARING ON THE SITE, WHETHER PROVIDED BY MOOSHME, ITS CONTENT PROVIDERS, ITS CLIENTS, VISITORS TO THE SITE OR OTHERS, IS SOLELY AT YOUR OWN RISK.

    MOOSHME FACILITATES COMMUNICATION AND COORDINATION WITH YOUR LICENSED HEALTH CARE PROVIDER, AND IN CERTAIN CIRCUMSTANCES FACILITATES DIRECT COMMUNICATION WITH THE HEALTH CARE PROVIDER. WE DO NOT REPLACE YOUR RELATIONSHIP WITH ANY LICENSED HEALTH CARE PROVIDER OR OTHER HEALTH CARE SERVICE. MOOSHME DOES NOT PROVIDE MEDICAL ADVICE, RECOMMENDATIONS OF CANNABIS FOR MEDICAL USE, DISTRIBUTION OF CANNABIS IN ANY FORM WHATSOEVER FOR THE PURPOSE OF MEDICAL TREATMENT OR OTHERWISE, CARE, DIAGNOSIS, OR TREATMENT.

  3. Providers

    To be a healthcare provider using the Site, including physicians and nurse practitioners (“Provider”) you must agree to comply with all laws, medical board rules and other rules and regulations applicable to you as a Provider or otherwise. Your relationship with the Venice Divan users (including your patients) is directly between you and the patient. The patient will never have a physician-patient relationship with Venice Divan. Venice Divan does not practice medicine and offers no medical services. As set forth more fully in Section 10, Provider is solely responsible for all agreements, consents, notices and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Provider is solely responsible for all billings and collections from patients and other consumers, and Venice Divan shall have no liability whatsoever to Provider with respect to any amounts owed by any patient or other consumer to Provider.

  4. Medical Judgment

    Provider will use the Site and Services only in accordance with applicable standards of good medical practice. While software products such as the Site and Services can facilitate and improve the quality of service that Provider and its personnel offer to patients, many factors, including the provider/patient relationship can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Site and Services, and the provision of services to Provider’s patients. In this regard, Provider releases Venice Divan and waives any and all potential claims against Venice Divan as a result of Provider’s use of the Site and Services, and the provision of services to Provider’s patients.

  5. Electronic Communications

    You consent to receive communications from us electronically. You agree that all agreements can be entered into and signed electronically in accordance with applicable law, and all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notice or other communications be in writing.

  6. Site Access, Security and Restrictions; Passwords

    You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. If you are under 18, you may use the Venice Divan Services only with involvement of a parent or guardian.

    In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Venice Divan. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by Venice Divan at any time with or without cause.

  7. Accuracy and Integrity of Information

    Although Venice Divan attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Venice Divan so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Venice Divan shall have no responsibility or liability for information or Content posted to the Site from any non-Venice Divan affiliated third party.

  8. Links to Other Sites

    Venice Divan makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Venice Divan site, please understand that it is independent from Venice Divan, and that Venice Divan has no control over the Content on that website. In addition, a link to a non-Venice Divan website does not mean that Venice Divan endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

  9. Provider Agreements and Other Content

    If you submit, upload or post any agreements, contracts, consents, notices, advice, recommendations, comments, files, videos, images or other materials to us or our Site (“Provider Content”) or provide any Provider Content to patients or other consumers, you agree not to provide any Provider Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. Provider is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Venice Divan that you have the legal right and authorization to upload all Provider Content at the Site. Venice Divan shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however Venice Divan desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Provider Content and/or incorporate such Provider Content into any form, medium or technology throughout the world. Venice Divan is and shall be under no obligation (1) to maintain any Provider Content in confidence; (2) to pay to you any compensation for any Provider Content; or (3) to respond to any Provider Content.

    Venice Divan does not regularly review Provider Content, but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Site. You grant Venice Divan the right to use the name that you submit in connection with any Provider Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the Site or provide to patients or other consumers. Venice Divan and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.

  10. Disclaimer of Warranties

    VENICE DIVAN DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. VENICE DIVAN DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

    YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. VENICE DIVAN DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

  11. No Provision of Medical Advice or Services

    As part of the Services, Venice Divan provides a platform for Provider to communicate with consumers, potential consumers, patients, and potential patients. Venice Divan does not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with Provider, goods or services offered by Provider, including but not limited any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Provider should seek legal counsel regarding any legal and compliance issues, and should not rely on any materials or content associated with the Services in determining Provider’s compliance obligations under law. Provider and Venice Divan agree that Venice Divan is not providing, to Customer or anyone else, medical advice or legal advice.

  12. Limitation of Liability Regarding Use of Site

    VENICE DIVAN AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR RELATIONSHIP WITH PATIENTS USING THE VENICE DIVAN SERVICE, AND VENICE DIVAN SHALL HAVE NO LIABILITY TO YOUR FOR ANY ACTS, OMISSIONS OR CLAIMS OF OR RELATING TO YOUR PATIENTS. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF VENICE DIVAN TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).

  13. Dispute Resolution

    In the event of any dispute or claim relating to the Site or these Terms of Use, you agree to resolution of such dispute in the state or federal courts located in San Francisco County, California in accordance with the laws of the State of California.

  14. Revisions; General

    Venice Divan reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Venice Divan and you pertaining to the subject matter hereof. In its sole discretion, Venice Divan may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.