Your privacy is of utmost importance to us, and it is our policy to safeguard and respect the confidentiality of the information and the privacy of individuals.
In general, you can visit Enlivened Web pages without telling us who you are or revealing any Personal Information about yourself. However, in order for us to provide products and services to you, we do need to know who you are. This Privacy Statement sets out how Enlivened collects, uses and manages the personal information we receive from you, or a third party, in connection with our provision of services to you or which we collect from your use of our services and/or our website. The Privacy Statement also informs you of your rights with respect to the processing of your personal information.
Enlivened uses encryption to protect your information. We pledge to do our best to protect your privacy and personal information, which means to us that we strive to go beyond industry norms. For example, we endeavor to fully support our customers’ use of web browser privacy tools (e.g., uMatrix) and personal encryption tools (e.g., PGP, GnuPG, etc.). Our team will be happy to communicate with you using PGP-encrypted email or fully encrypted chat (using Riot.im), at your request. If you find any difficulty in using browser privacy tools when accessing www.enlivened.com, please reach out to our team and let us know. Our developers are constantly striving to make our technology more privacy-friendly.
Enlivened uses enterprise-level data center facilities which meet or exceed industry-standard certifications, with the following security compliances:
- Nist 800-53
- SOC 1
- SOC 2
- SOC 3
- SSAE 16
- HITECH Omnibus
- Compliancy Group (3rd Party audit) HIPAA Compliance
- PCI DSS Compliance
Enlivened LLC (referred to as “Enlivened”, “We”, “Us” or “Our”) is committed to protecting your (referred to as “You” or “Your”) privacy and providing You with a positive experience on our websites and in using our products and services (“Service” or “Services”).
This Privacy Statement applies to Enlivened websites and Services that link to or reference this Statement and describes how We handle Your information and the choices available to You regarding the collection, use, access, and how to update and correct Your information. Capitalized terms not otherwise defined in this Privacy Statement shall have the same meanings ascribed to them in the Terms of Service.
Personal Information We Collect
“Personal information” is any information that can be used to identify an individual, such as name, address, email address, phone number, login information (account number, password), practitioners’ recommendations, health information, online orders, marketing preferences, social media account information, or payment card number. We may collect data, including Personal Information, about you as you use our websites and Services and interact with Us. If We link other data with your Personal Information, We will treat that linked data as Personal Information.
We collect Personal Information for a variety of reasons, such as:
- Processing your order, including payment transactions.
- Sending marketing communications.
- Creating an account.
- Enabling the use of certain features of Our Services.
- Personalizing your experience.
- Providing customer service.
We and the third parties We engage may combine the information We collect from You over time and across Our websites and Services with information obtained from other sources. This helps Us improve its overall accuracy and completeness, and also helps Us better tailor Our interactions with You.
If You choose to provide Enlivened with a third party’s Personal Information (such as name, email, and phone number), You represent that You have the third party’s permission to do so. Examples include forwarding reference or marketing material to a friend or sending job referrals. Third parties may unsubscribe from any continued communication of this type by following the link provided in the initial message or contacting email@example.com. In some instances, Enlivened and the third parties We engage may automatically collect data through cookies, web logs, web beacons, and other similar applications. This information is used to better understand and improve the usability, performance, and effectiveness of the website and to help tailor content or offers for You. Please read the “Cookies and Other Web Technologies” section below for more information.
How We Use Your Personal Information
We may use Your Personal Information for the purposes of operating Our business, delivering, improving, and customizing Our websites and Services, sending marketing and other communications related to Our business, and for other legitimate purposes permitted by applicable law. Some of the ways We may use Personal Information include:
- Delivering a Service you have requested.
- Analyzing, supporting, and improving our Services and your online experience.
- Personalizing websites, newsletters, and other communications.
- Sending communications to you, including for marketing or customer satisfaction purposes
- Protecting the security or integrity of the Website
- Protecting against fraud, identity theft, or a threat of safety
- Protecting against legal liability
- Monitoring violations of our Terms and Use (and taking appropriate actions as prescribed therein for such violations)
- Maintaining your account or login information and managing aspects of your account’s security
- Complying with applicable laws and regulations.
Access to and Accuracy of Your Personal Information
We need Your help in keeping your Personal Information accurate and up to date. We provide a number of options to access and correct your Personal Information:
- You can view or edit your Personal Information and preferences online by logging into Your Enlivened account.
- You can request that We delete certain Personal Information or make it non-identifiable and We will make every reasonable effort to accommodate that request, unless We have a legitimate reason to refuse to do so.
- If You need additional assistance or help with accessing or correcting Your Personal Information, please feel free to contact Us directly. We make good faith efforts to honor reasonable requests to access, update, or correct Your data. We will respond to Your request in a timely manner. If We are unable to honor Your request, We will provide You with an explanation.
How We Share Your Personal Information
We may share your Personal Information with third parties for the purposes of operating Our business, delivering, improving, providing and customizing our Services, sending marketing and other communications related to Our business, and for other legitimate purposes permitted by applicable law or otherwise with Your consent.
We may share Personal Information in the following ways:
Amongst trusted Enlivened affiliated entities for purposes of data processing or storage.
With business partners, service vendors, authorized third-party agents, or contractors to provide a requested Service, service or transaction. Examples include, but are not limited to: processing of orders and credit card transactions, hosting websites, assisting with sales-related efforts or post-sales support, and providing customer support.
In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of Our business by or to another company.
In response to a request for information by a competent authority if We believe disclosure is in accordance with or is otherwise required by, any applicable law, regulation or legal process.
With law enforcement officials, government authorities, or other third parties as necessary to comply with legal process or meet national security requirements; protect the rights, property, or safety of Enlivened, its business partners, You, or others; or as otherwise required by applicable law.
In aggregated, anonymized, and/or de-identified form which cannot reasonably be used to identify You.
If We otherwise notify You and You consent to the sharing.
How We Protect Your Personal Information
We endeavor to protect the Personal Information You entrusted to Us and treat it securely by placing appropriate technical and organizational measures to protect the confidentiality of this Personal Information and to protect the Personal Information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected.
We also contractually require that our suppliers protect such Personal Information from unauthorized access, use, and disclosure. The Internet and mobile networks, however, cannot be guaranteed to be 100% secure, and We cannot ensure or warrant the security of any Personal Information You provide to us through such means.
Except as required by law, Enlivened is not responsible for any damages or liabilities relating to any such security failures. Transmission of Personal Information is at Your own risk. Our Website contains links to other websites that do not belong to Enlivened. Enlivened is not responsible for, nor can Enlivened ensure the privacy practices or content of such other sites, and this Policy does not apply to those other websites. If You have any questions about security on our website, You can email us at firstname.lastname@example.org.
Consent to Transfer, Processing, and Storage of Personal Information
As Enlivened is a global organization, we may transfer your Personal Information between Enlivened offices in various locations, including the United States of America, or to third parties and business partners that are located in various countries around the world. By using Our websites and Services or providing any Personal Information to Us, where applicable law permits, You consent to the transfer, processing, and storage of such information outside of Your country of residence where data protection standards may be different.
Retention of Personal Information
We will retain your Personal Information as needed to fulfill the purposes for which it was collected. We will retain and use Your Personal Information as necessary to comply with Our business requirements, legal obligations, resolve disputes, protect our assets, and enforce Our agreements.
Patient/Client Data Storage for Health Professional
If you are a Patient or Consumer who is purchases products recommended to you by Your Health Professional, You acknowledge that Your use of Our Service is solely through Your Health Professional and that Enlivened may share Personal Information with Your Health Professional for the purposes of facilitating the Product transaction on behalf of Your Health Professional.
If You are a Health Professional, by using Enlivened, You agree that, with respect to other users’ Personal Information that You obtain through Enlivened or through a Enlivened-related communication or Enlivened-facilitated transaction, Enlivened hereby grants to You a license to use such information only for Enlivened-related communications that are not unsolicited commercial messages. Enlivened does not permit spam. Therefore, without limiting the foregoing, You are not licensed to add the name of someone who has purchased an item from You to Your mail list (email or physical mail) without their explicit consent. Enlivened owns the data storage, databases and all rights to the Enlivened application.
Like many websites, Enlivened uses automatic data collection tools, such as cookies, embedded web links, and web beacons. These tools collect certain standard information that your browser sends to our website. Examples include your browser type and the address of the website from which you arrived at our website. We automatically receive and record information on our server logs from Your browser including IP addresses, cookie information, browsing history and the Enlivened website pages requested. We only use this data in aggregate form, for statistical purposes, and not in a manner that would give Us sufficient information to identify You personally. This type of aggregate data enables Us to figure out how often users access parts of the Enlivened website, what types of Products they are interested in, where they are generally located and what are their general online behavior patterns. We utilize this information so that we can improve the Enlivened website, our product selection and the Service. This information may be shared with advertisers and other third parties on an aggregated basis, but it does not include the Personal Information of individual Users.
We are actively seeking privacy-friendly alternatives to the use of the current web technologies mentioned above. For example, we are seeking to partner with Brave Browser (https://brave.com/).
Some of the web technologies we use may also collect information about:
- Your Internet Protocol (IP) address. This is a number automatically assigned to Your computer or device whenever You connect to the Internet. Among other things, the IP address allows web servers to locate and identify Your device for the purpose of facilitating online communications between You and other parties you engage with on the Internet.
- Clickstream behavior. This includes, for example, the pages You view and the links you click. These tools help make your visit to Our website easier, more efficient, and more valuable by providing You with a customized experience and recognizing You when You return.
Some web browsers may give You the ability to enable a “do not track” feature that sends signals to the websites You visit, indicating that You do not want your online activities tracked. This is different from blocking or deleting cookies, as browsers with a “do not track” feature enabled may still accept cookies.
No industry standard currently exists on how companies should respond to “do not track” signals, although one may develop in the future. Enlivened websites functionality is not currently able to recognize and respond to “do not track” signals, but we are actively developing this functionality. Once it is enabled, We will describe how you can use it in this Privacy Statement.
As part of these efforts to improve your online experience, We may use a service provided by both Google and Facebook called “remarketing”. This permits Us to reach people who have previously visited our site, and show them relevant advertisements when they visit other sites across the Internet in the Google Display Network and Facebook Ads platform.
You may be able to opt out of customized Google Display Network ads by visiting the Ads Preferences Manager, and the Google Analytics Opt-out Browser Add-on.
Furthermore, Enlivened would prefer to also opt out of using “remarketing” services by Google and Facebook. Brave Browser may be an emerging technology that one day makes this possible. However, we believe that if enough of our customers spread the message about Enlivened to their friends and colleagues today, we could immediately begin to eliminate Google and Facebook remarketing and remain a viable company. If you take privacy as seriously as we do, let us know your thoughts on how we, together, can grow and prosper without helping Google and Facebook turn all our personal information into the product they sell.
We may provide links to other third-party websites and services that are outside Our control and not covered by this Privacy Statement. We encourage You to review the privacy statements posted on those websites (and all websites) You visit.
Your Choices and Selecting Your Communication Preferences
We give You the choice of receiving a variety of information related to Our Services. You can manage Your communication preferences through the following methods:
- By following the instructions included in each promotional email from Us to unsubscribe from that particular mailing.
- By calling Our Customer Success team, at 1- 844-844-4200.
These choices do not apply to service notifications or other required communications that are considered part of certain Services, which You may receive periodically unless You stop using or cancel the Service in accordance with our Terms of Service.
By using Our websites, Services, or otherwise providing Personal Information to Us, You agree that We may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use. For example, if We learn of a security system breach, We may attempt to notify you electronically by posting a notice on Our websites, by sending an email, or otherwise contacting You.
Enlivened encourages parents and guardians to take an active role in their children’s online activities. Enlivened does not knowingly collect Personal Information from children without appropriate parental or guardian consent. If You believe that we may have collected Personal Information from someone under the applicable age of consent in Your country without proper consent, please let Us know using the methods described in the ‘Contact Us’ section of this Privacy Statement and We will take appropriate measures to investigate and address the issue promptly.
Your California Privacy Rights
If You are a California resident and use Our Services, You are entitled to request certain information regarding our disclosure of certain ‘personal information’ (as defined in California Civil Code Section 1798.83) to third parties for their direct marketing purposes.
If You are a California resident and have provided us with personal information within the last year, You may make such a request by emailing us at email@example.com and typing “California Privacy Rights” in the subject line of the email. Within 30 days of receiving such a request, We will provide a list of the categories of Personal Information disclosed to third parties for such third parties’ direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. California residents may also request that We do not share Your Personal Information with third parties for use in direct marketing by them to You. To make such an opt-out request, please email us at firstname.lastname@example.org and type “California Opt Out” in the subject line of the email.
Additionally, Enlivened will extend California Privacy Rights to any person residing in any US state or other jurisdiction.
A California Privacy Rights request may be made no more than once per calendar year and We are not required to respond to requests made by means other than through the email address above.
Please note that if you are an employee of the Company, a contractor to the Company or a third-party provider, your personal information will be used in connection with your employment contract or your contractual relationship, whichever applies.
Updates to this Privacy Statement
We may update this Privacy Statement from time to time. If We modify Our Privacy Statement, We will post the revised version here, with an updated revision date. You agree to visit these pages periodically to be aware of and review any such revisions.
If We make material changes to our Privacy Statement, We may also notify you by other means prior to the changes taking effect, such as by posting a notice on Our websites or sending You a notification. By continuing to use Our website after such revisions are in effect, You accept and agree to the revisions and to abide by them.
We value your opinions. Should you have questions or comments directly pertaining to this Privacy Statement, please contact Us at:
Phone: 1- 844-844-4200
Data Privacy Officer
7707 Merrill Rd Unit 15154
Jacksonville, FL 32239
The Enlivened Privacy Statement was revised and posted as of February 20th, 2020.
7707 Merrill Rd Unit 15154
Jacksonville, FL 32239
Throughout this Agreement, We may use certain words or phrases, and it is important that You understand their meanings. For Your convenience, We have capitalized those words or phrases that are defined in this section. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
“Credit Card Information” means all information required of the User to process an online financial transaction using a credit card.
“Enlivened” means Enlivened LLC, Our Site, www.enlivened.com; Our Service(s); or a combination of all or some of the foregoing definitions, depending on the context of the word;
“Governmental Authority” means any national, state, provincial, local or other government—or subpart, agency or unit thereof—with jurisdiction over the sale of Product by Enlivened to Health Professionals, or by Health Professionals to Patients, or any Services furnished or received in connection with such transactions;
“Health Product Distributor” means a third party contracted by Enlivened which, on behalf of a Health Professional, ships Product(s) purchased by a Patient from that Health Professional directly to a Patient’s home. Some functions of the Health Product Distributor may be performed directly by Enlivened or an affiliate of Enlivened;
“Health Professional” means a licensed (if required by Law) person who uses Our Services to enhance the care provided to Patients under his or her care;
“Intellectual Property Rights” means all intellectual property rights, including intellectual property rights comprising or relating to: (a) inventions and patents; (b) trademarks, service marks and logos; (c) internet domain names registered by any authorized private registrar or Governmental Authority, web addresses, web pages, website and URLs; (d) works of authorship, expressions, designs and design registrations, whether or not copyrightable, including copyrights and copyrightable works, software, code, data, data files, and databases and other specifications and documentation; (e) trade secrets; and (f) all rights, interests and protections that are associated with, equivalent or similar to, or required for the exercise of these rights or forms of protection under the Laws of any jurisdiction throughout the world with respect to any of the foregoing, however arising in each case, whether registered or unregistered, and including all registrations and applications therefor, and renewals or extensions thereof;
“Law” means any statute, law, ordinance, regulation, rule, code, constitution, treaty, common law, governmental order, policy or other requirement or rule of law of any Governmental Authority;
“Payment Processor” means a third-party company which processes payments on behalf of Enlivened or a Health Professional;
“Patient” means a person who purchases Product(s) from a Health Professional;
“Account” means an Enlivened account opened in order to purchase or recommend Products on the Platform;
“Platform” means Enlivened’s proprietary platform through which Enlivened delivers Services;
“Products” means those items Purchased by Patients on the Enlivened platform.
“Sale Price” is the price that is charged by Health Professional to Patient. Health Professional in its sole discretion determines this price;
“Services” refers to the services that We provide or arrange for through Our Site, including Our Site itself, all services furnished to Health Professionals, and all services provided to Patients on behalf of Health Professionals, including order processing, payment collection and processing, shipping and tracking, website hosting, and any other support services provided for Patients on behalf of Health Professionals;
“Site” refers to Our website, www.enlivened.com and the Platform and includes Health Professionals’ websites hosted by Us;
“Supplier” means a specific company that is in the business of manufacturing and/or selling specific Product(s);
“User” refers to Patients, Health Professionals, Health Product Distributors, and general visitors to Enlivened’s Site;
“We”, “Us”, or “Our” refers to Enlivened; and
“You” or “Yours” refers to you, the individual User who is entering into this Agreement with Enlivened.
In order to use Our Service, You must meet a number of conditions, including but not limited to:
- You must not be in violation of any embargoes, export controls, or other Laws of the United States of America or other countries having jurisdiction over this Agreement, Enlivened, or You.
- You must have reached the minimum age required to enter into a contract in the area in which You reside.
- You must provide Us with accurate personal information, payment information, and other information that We deem necessary to provide You with Our Services.
Right To Access And Rules Of Use
Subject to the terms and conditions of these Terms of Service, Enlivened hereby grants to You, so long as Your Account is in good standing with Us, a limited, personal, revocable, non-exclusive, non-transferable right to access and use the Site solely for your individual personal use as a Patient or a Health Professional.
In addition to meeting the eligibility requirements discussed above, Users agree to comply with the following rules governing Your use of Our Services:
- You shall not be permitted to sell certain natural health products without complying with applicable regulations set by the Food and Drug Administration, or various other governmental regulations or Laws as applicable.
- You shall not post or send anything violent, indecent, obscene, threatening, pornographic, racist, hateful, libelous, defamatory or which discloses private or personal matters concerning any person other than yourself, or otherwise objectionable, as determined in the exclusive discretion of Enlivened.
- You shall refrain from the making of any fraudulent or negligent representations related to Enlivened, the Product(s), or Our Services.
- You shall not infringe on anyone’s Intellectual Property Rights (including Enlivened ’s Intellectual Property Rights), defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
- Except as expressly provided in these Terms of Service, You shall not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any content or information from the Site, in whole or in part, without Our express written permission.
- You may not do anything else which, in Enlivened’s sole discretion, may bring Enlivened or any of its Users into disrepute, or endanger the business or safety of Enlivened or any third party.
- You must observe all directions and instructions given by Supplier in relation to the Product, including labeling, branding, directions, dosage, storage, and other directions.
- You shall comply with all applicable Laws of any Governmental Authority with jurisdiction over Your actions, including the Laws applicable to any jurisdiction to which You arrange for the shipment of Product.
- You may not sell any regulated goods unless You have complied with all governing regulations and Laws.
- You cannot resell the Products You purchase to any third party.
- You shall not hack, crack, phish, SQL inject, or otherwise compromise the confidentiality, integrity, or availability of the Enlivened Site, Service, or its Users’ computers, including, without limitation, viruses, worms, time bombs, Trojan horses or any other contaminating or destructive code.
- You shall not use any robot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site.
- You shall not permit any other person (other than an agent acting on your behalf and subject to your direct supervision) to access the Services using Your Patient Account information for any purpose.
- You shall not interfere with other Users’ use of the Services, including, without limitation, spamming or otherwise using abusive tactics related to deter others from facilitating transactions.
- You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other Users to use goods or services that are not otherwise authorized as Products offered by Enlivened.
Our provision of Services to You is contingent on Your agreement with this and all other sections of this Agreement.
You hereby expressly acknowledge that You are solely and exclusively responsible for Your compliance with any and all applicable Laws and that Enlivened does not purport to offer any advice or information concerning potentially applicable Laws or compliance therewith. The reference to specific laws or regulations in this section or elsewhere in this Agreement shall not be read or construed to imply that such laws or regulations are applicable to You, nor that other laws or regulations are not applicable to You. It is Your responsibility to consult with appropriate legal counsel as necessary to ensure that You are informed of and in compliance with all applicable Laws.
Accounts And Passwords
Certain features or services offered on or through the Site may require You to open a Patient Account (including setting up a username and password).
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT INFORMATION, INCLUDING YOUR PASSWORD, AND FOR ANY AND ALL ACTIVITY THAT OCCURS UNDER YOUR ACCOUNT. YOU AGREE TO NOTIFY ENLIVENED IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR PASSWORD. YOU MAY NOT USE THE ACCOUNT, USER NAME OR PASSWORD OF ANY OTHER INDIVIDUAL OR COMPANY AT ANY TIME WITHOUT THE EXPRESS WRITTEN PERMISSION AND CONSENT OF THE HOLDER OF THE ACCOUNT, USERNAME OR PASSWORD. ENLIVENED WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
Patients seeking to view Product recommendations from Health Professionals and make Product purchases through their Patient Account are required to register for a Patient Account. Patients are required to provide valid Credit Card Information to register, where the registered credit card will be used for payment of Products ordered through the Service. Patients shall promptly advise Enlivened if their Credit Card Information changes due to loss, theft, cancellation, expiry or otherwise and Patients shall be liable for any failure to pay fees attributable to such Credit Card Information.
Communication from Enlivened may occasionally end up in your spam or junk folder. To ensure you receive our communication, please add Enlivened to your address book or list of authorized senders and monitor your junk mail regularly.
Catalogue And Product Descriptions
All features, specifications, Products and prices of Products described on Enlivened are subject to change at any time without notice. We make no representation as to the completeness, accuracy, or currency of any information on Enlivened. We reserve the right to make changes to information about price, description, or availability without notice. We have made every reasonable effort to display as accurately as possible the packaging of products that appear on Enlivened. The inclusion of any products or services on Enlivened does not imply or warrant that these Products or services will be available at any particular time.
Our Intellectual Property Rights
The Site contains copyrighted material, trademarks (including but not limited to the Enlivened trademark), service marks, trade dress, and other proprietary content, including but not limited to, text, software, applications, sound, photographs, buttons, images, logos, video, and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of the Site and the Content are copyrighted as a collective work under copyright laws.
Enlivened’s Content is important because it distinguishes Enlivened from competitors and other websites in general, both to customers and to search engines. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, including any Health Professional dispensary sites hosted by Enlivened, without receiving Our prior written permission. You further agree not to remove, alter or obscure any proprietary notice or legend of Enlivened, its suppliers or licensors.
Neither these Terms of Service nor Your use of the Site transfers any right, title or interest in the Site, Content, or Intellectual Property Rights to You. We and Our third-party licensors retain all of Our and their respective right, title, and interest to the Site, Content, and Intellectual Property Rights. Any rights not expressly granted are reserved.
Revocation Of Consent
We may revoke Our consent for Your use of Our intellectual property, or any other permission granted to You under this Agreement, at any time and in Our sole discretion. You agree that if We so request, You must take immediate action to remove any usage of Our intellectual property that You may have engaged in, even if it would cause a loss to You.
Copyright & Trademark Infringement
We take copyright and trademark infringement very seriously. If You believe that a Health Professional or other User has infringed on Your intellectual property rights in the United States, please notify Us immediately by sending full details to email@example.com When notifying Us of the alleged copyright infringement please provide Us with the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
- identification of the copyrighted work alleged to have been infringed;
- a description of the material that is claimed to be infringing and information sufficient to locate the material on the Site;
- information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
- a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.
If We in good faith believe material to infringe a copyright or otherwise violate any Intellectual Property Rights, We will remove or disable access to such material.
If You believe that a Health Professional or other User has infringed Your Canadian copyright, please notify Us immediately by sending full details to firstname.lastname@example.org with the following information:
the claimant’s name and address;
- the copyright material that is alleged to have been infringed and the claimant’s interest or right with respect to that material;
- the location data (e.g. the web address or Internet address associated with the alleged infringement);
- the infringement that is alleged; and
- the date and time of the alleged infringement.
We will forward notices that comply with the above to the User.
Please be advised that false reports of infringement are defamatory and actionable, and a User affected by such false reports may seek an award of damages from You if such a report is made.
Libel And Slander
Defamation is prohibited by this Agreement, and We request that You notify Us at email@example.com if You believe any content on the Site is defamatory.
If in the United States, You agree to bring an action for libel in the state and federal courts located in Wilmington, Delaware within one (1) year from the date the allegedly libelous act occurred or be deemed forever waived.
Please address such notices to Us at:
7707 Merrill Rd Unit 15154
Jacksonville, FL 32239
Disclaimer Of All Warranties
ALL PRODUCTS AND SERVICES ARE PROVIDED BY ENLIVENED AND PAYMENT PROCESSOR “AS IS,” AND WE HEREBY DISCLAIM ANY IMPLIED REPRESENTATION, CONDITION OR WARRANTY WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENLIVENED MAKES NO WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PRODUCTS, CONTENT OR SERVICES, INCLUDING THOSE SERVICES PROVIDED BY THE PAYMENT PROCESSOR, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, ACCURACY, COMPLETENESS, VALIDITY, TIMELINESS, NON-INFRINGEMENT, RESULTS, OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE OPERATION OF THE SITE OR THE PROVISION OF THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED OR THAT THE SITE OR SERVICES WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Indemnity And Limitation Of Liability
You hereby agree to defend, indemnify, and hold Enlivened, along with its affiliates, subsidiaries, directors, officers, agents and employees (collectively, the “Protected Parties”), harmless for any and all damages, costs, claims, liabilities, losses, fees and expenses incurred by Enlivened or a third party arising from or related to Enlivened’s provision of Services to You or on Your behalf, including but not limited to any breach of a representation or warranty of this Agreement or Your use of Our Site or Services. You agree that this duty to defend extends to requiring You to pay for Our reasonable attorneys’ fees, court costs, expert witness fees and disbursements.
IN NO EVENT SHALL THE PROTECTED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT ENLIVENED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU ARISING FROM OR RELATED TO THIS AGREEMENT EXCEED THE AGGREGATE AMOUNT OF COMMISSIONS PAYABLE TO YOU FROM ENLIVENED HEREUNDER DURING THE THREE (3) MONTHS PRECEDING THE FIRST CLAIM GIVING RISE TO A CAUSE OF ACTION HEREUNDER.
NONE OF PROTECTED PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSSES, DAMAGE OR DESTRUCTION OF DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF ALL YOUR ACCOUNT INFORMATION OR LOSS OF YOUR PRODUCT ORDER INFORMATION, THAT AND DAMAGES OR LOSSES YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE SERVICE OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THE SERVICE AVAILABLE TO YOU OR COLLECTING THE DATA CONTAINED THEREIN, OR FROM ANY OTHER CAUSE RELATING TO YOUR (OR YOUR PATIENTS’) ACCESS TO OR YOUR (OR YOUR PATIENTS’) INABILITY TO ACCESS THE SERVICE, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ANY OF THE PROTECTED PARTIES. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF LIABILITY, AND EXCLUSIONS OF LIABILITY SHALL REMAIN IN EFFECT.
For jurisdictions that do not allow Us to limit Our liability:
Notwithstanding any provision of these Terms, if Your jurisdiction has provisions specific to waiver or liability that conflict with the above then Our liability is limited to the smallest extent possible by Law. Specifically, We do not disclaim liability which is not lawful to exclude, either now or in the future.
The provisions of this Section are for the benefit of the Protected Parties. Each of the Protected Parties shall have the right to assert and enforce those provisions directly against You on its own behalf.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. AS PART OF THIS AGREEMENT, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
Data Privacy & Security
Our privacy & security practices, as outlined in Our Privacy Statement and Terms of Service, covers only those activities that are subject to all applicable provisions of the United States of America’s federal, provincial, and state privacy laws. Enlivened’s policy is to operate in compliance with the privacy legislation within each jurisdiction in which we operate.
Enlivened will sign business associate agreements (BAAs) with Healthcare Professionals who require them in order to comply with the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH).
Choice Of Law And Forum Of Dispute
If You are a resident of the United States of America: You agree that all actions or proceedings arising out of, in connection with, or otherwise concerning this Agreement shall be tried and litigated exclusively in the state or federal courts located in Delaware and shall be governed by the laws of the State of Delaware. You hereby waive the right to contest exclusive venue in the courts of Delaware and irrevocably consent to the jurisdiction of the appropriate state or federal court in Delaware for the purposes of this Agreement.
You agree that We are not responsible to You for anything that We may otherwise be responsible for, if it is the result of events beyond Our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, non-performance of third parties. or any other event beyond Our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Enlivened shall have the sole right to elect which provision remains in force.
Enlivened reserves all rights afforded to Us under this Agreement as well as under the provisions of any applicable Laws. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable Laws shall not be construed as a waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We may terminate Your Account, access to the Site, or Our Services to You at Our discretion without explanation or prior notice, though We may, in Our sole discretion, provide a timely explanation. In You have ordered Product from Us directly, Our liability for refunding You, if You have paid anything to Us, will be limited to the amount You paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to Your breach of this Agreement, in which case You agree that We reserve the right offset Our reasonable assessment of potential damages attributed to Your breach against any sums owed to You.
Under no circumstances, including termination or cancellation of Our Services to You, will We be liable for any losses related to actions of other Users.
California Users And Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Enlivened should be addressed to Our Data Privacy Officer and sent via certified mail to:
Attn: Data Privacy Office
7707 Merrill Rd Unit 15154
Jacksonville, FL 32239
California users are also specifically entitled to exercise their consumer rights by providing notice to The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs (DCA). The DCA may be contacted by telephone at 916-445-1254 or 800-952-5210 (toll free), or in writing at
1625 North Market Blvd.
Sacramento, CA, 95834
Assignment Of Rights
You may not assign Your rights and/or obligations under this Agreement to any other party without Our prior written consent. We may assign Our rights and/or obligations under this Agreement to any other party at Our discretion.
You represent and warrant that you are the age of majority in the state which You reside and that You possess the legal right and ability to enter into these Terms of Service and to use the Service in accordance with these Terms of Service. If You are not of majority age, You may have a parent or guardian accept these Terms of Service on Your behalf. You agree to be financially responsible for your use of the Service (as well as for use of Your account by others (whether authorized or unauthorized), including use by any minors living with You) and to comply with Your responsibilities and obligations as stated in these Terms of Service.
Updates To This Terms Of Service
We may update this Terms of Service from time to time. If We modify Our Terms of Service, We will post the revised version here, with an updated revision date. You agree to visit these pages periodically to be aware of and review any such revisions.
If We make material changes to Our Terms of Service, We may also notify You by other means prior to the changes taking effect, such as by posting a notice on Our websites or sending You a notification. By continuing to use Our Site after such revisions are in effect, You accept and agree to the revisions and to abide by them.
Reliance On Information
This Web Site may include inaccuracies or typographical errors that may be corrected as they are discovered at Enlivened’ sole discretion.
Supplemented Terms and Conditions are available to You upon account creation at www.enlivened.com to have access to our services being a Health Professional, Patient or Health Product Distributor.
The Enlivened Terms of Service was revised and posted as of September 16th, 2019.