Davesa Health, LLC, Terms of Use
(including Privacy Policy, Non-Commercial License, Satisfaction Guarantee and other terms)
(Last updated: March 31, 2022)
We (the folks at Davesa Health, LLC, or “Davesa”) run an e-commerce website called davesa.com and would love for you to use it. If you find anything on davesa.com web page that you believe violates these Terms of Use, please contact us immediately.
A. Terms of Use
The following Terms of Use govern all use of the davesa.com website and all content, products, and services available at or through the website (taken together, our Services). Our Services are offered subject to your acceptance without modification of all of the Terms of Use contained herein and all other operating rules, policies (including, without limitation, Davesa’s Privacy Policy) and procedures that may be published from time to time by Davesa (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. Your agreement is with Davesa Health, LLC (“Davesa” or “we”).
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the Terms of Use of this agreement. If you do not agree to all the Terms of Use of this agreement, then you may not access or use any of our services. If these Terms of Use are considered an offer by Davesa, acceptance is expressly limited to these terms.
If you are under 18, you may use our Services only with involvement of a parent or guardian. If you are under 18 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.
Use of our Services may require a davesa.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
1. davesa.com Account and Website.
Your davesa.com Account and Website. If you use your davesa.com account, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must immediately notify Davesa of any unauthorized uses of your account or any other breaches of security. Davesa will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Davesa has the right (though not the obligation) to, in Davesa’s sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in Davesa’s reasonable opinion, violates any Davesa policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of davesa.com to any individual or entity for any reason. Davesa reserves the right to refuse service, terminate accounts, terminate your rights to use Services, remove or edit content, or cancel orders in its sole discretion. Davesa will have no obligation to provide a refund of any amounts previously paid, with the exception of amounts subject to the terms of the Davesa Satisfaction Guarantee.
Davesa reserves the right to display advertisements on davesa.com.
2. Responsibility of Visitors.
Davesa has not reviewed, and cannot review, all of the material, including computer software, website themes, plugins and widgets posted to our Services, and cannot, therefore, be responsible for that material’s content, use or effects. By operating our Services, Davesa does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional Terms of Use, stated or unstated. Davesa disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
3. Privacy Policy.
Your privacy is important to us, and we will take care to protect your privacy when reasonably possible. We may also gather information about the type of browser you are using, IP address or type of operating system to assist us in providing and maintaining superior quality service. This website makes use of cookies (stored personal data for the purpose of improving the user experience). If you are on a public or shared computer, please logout or delete your Internet browsing cache when you are done to protect your information. On this website, you may be asked to enter the following information: Name, Phone and/or Fascimile Numbers, Mailing Address, E-mail Address, Organization / Business Affiliation, Job Title / Position, as well as your Opinion and any other contact information and/or personal details that might help us serve you better. We may gather this information in order to get in touch with you, improve our services, as well as compile the necessary details in order to get in touch with you. By providing this information, you grant us the right to distribute your information to other agencies, groups, organizations and individuals to whom it may be relevant.
4. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which davesa.com links, and that link to davesa.com. Davesa does not have any control over those non-davesa.com websites and is not responsible for their contents or their use. By linking to a non-davesa.com website, Davesa does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Davesa disclaims any responsibility for any harm resulting from your use of non-davesa.com websites and web pages.
5. Copyright Infringement and DMCA Policy.
As Davesa asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by davesa.com violates your copyright, you are encouraged to notify Davesa. Davesa will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Davesa will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Davesa or others. In the case of such termination, Davesa will have no obligation to provide a refund of any amounts previously paid to Davesa.
6. Intellectual Property.
This Agreement does not transfer from Davesa to you any Davesa or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Davesa. Davesa, davesa.com, the Davesa logo, and all other trademarks, service marks, graphics and logos used in connection with Davesa or our Services, are trademarks or registered trademarks of Davesa or Davesa’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Davesa or third-party trademarks.
7. Non-Commercial License to Davesa Services
Subject to your compliance with these Terms of Use and any Service Terms, and your payment of any applicable fees, Davesa grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make non-commercial use of our Services. This license does not include any resale or commercial use of any Service, or its contents; any derivative use of any Service or its contents. All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by Davesa or its licensors, suppliers, publishers, rightsholders, or other content providers. No Service, nor any part of any Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Davesa.
Specifically, you may not use any of our Services, without our express written permission and a separate commercial license, to produce or sell software or services, or use our Services to sell commercial software to third parties, or use our Services during the conduct of any clinical trials, or use our Services in production, sale and testing of any clinical or therapeutic applications.
You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by Davesa terminate if you do not comply with these Terms of Use or any Service Terms.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction, on a case-by-case basis. Any offer for any product or service made on this site is void where prohibited. We reserve the right to refuse any order you place with us or limit or cancel quantities purchased per person, per customer or per order, in any customer account or combination of customer accounts. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
8. Risk of Loss
All purchases of physical items from Davesa are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
9. Returns Refunds and Title
Davesa does not take title to returned items until the item arrives at our shipping address. At our discretion, a refund may be issued without requiring a return. In this situation, Davesa does not take title to the refunded item.
10. Product Descriptions
Davesa attempts to be as accurate as possible. However, Davesa does not warrant that product descriptions or other content of any Service is accurate, complete, reliable, current, or error-free. If a product offered by Davesa itself is not as described, your sole remedy is to return it in unused condition.
11. Changes.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
12. Payment Terms
All payments due under this Agreement are due on the date stated on the billing statement you receive from us.
The occurrence of any of the following events will constitute a default under this Agreement: (i) you fail to pay any amount payable by you for products and services ordered within ten (10) days of the agreed due date; (ii) you fail to observe or perform any covenant or agreement contained herein; or (iii) you become insolvent or any proceeding is instituted by or against you alleging that you are insolvent or bankrupt.
Upon any default by you as described in paragraph immediately above, we have the option to immediately terminate our service Agreement without notice. The entire payment amount under this Agreement will become immediately due and payable and the deposit, if any, will be applied to your outstanding balance. Where allowed by law, you agree to pay all costs of collection, including reasonable attorney fees.
13. Termination.
Davesa may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your davesa.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. Disclaimer of Warranties.
EXCEPT AS PROVIDED HEREIN THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANT ABILITY OR OTHERWISE. ALL PRODUCT IS SOLD ON AN "AS IS," "WITH FAULTS" BASIS. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCE FOR ANY CONSEQUENTIAL OR INCIDENTAL LOSS NOR SUBSEQUENT DAMAGE OR EXPENSES RELATED TO ANY PRODUCT, SERVICES OR MATERIAL OBTAINED FROM US.
15. Limitation of Liability.
In no event will Davesa, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Davesa under this agreement during the twelve (12) month period prior to the cause of action. Davesa shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
16. General Representation and Warranty.
You represent and warrant that (i) your use of our Services will be in strict accordance with the Davesa Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.
17. US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Davesa reserve the right to terminate accounts or access of those in the event of a breach of this condition.
18. Indemnification.
You agree to indemnify and hold harmless Davesa, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
19. Translation.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
20. Our Address
Davesa Health, 1730 NE Expressway NE, Atlanta, GA 30329.
21. How to Serve a Subpoena
If you have the subpoena to serve to Davesa, please note that Davesa does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served by registered mail (signature required) to: 1730 NE Expressway NE, Atlanta, GA 30329, Attn: Davesa Health, LLC – Subpoena.
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases.
22. Miscellaneous.
This Agreement constitutes the entire agreement between Davesa and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Davesa, or by the posting by Davesa of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Georgia, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Georgia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Atlanta, Georgia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its Terms of Use; Davesa may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
23. davesa.com Sales Tax Information
The state of Georgia does not currently impose sales and use tax on software-as-a-service (SaaS) or cloud-based services. Orders from all other states may be subject to sales tax upon checkout, especially if SaaS software is treated as a taxable Service in those states (for example, the state of Washington considers SaaS to be an example of tangible software and thus is taxable. If you are a Sales-Tax-exempt organization, please email your tax-exempt form to us before your order is completed. We will remove the Sales Tax from your order.
24. Description of Service and davesa.com Scope for Clinical Study Applicants
davesa.com may offer you the ability to search and sign-up for clinical studies. When you sign-up for a particular study you become an applicant (an "Applicant") through our website. To become an Applicant for a specific clinical study, you should provide your name, email address, and telephone number (altogether, your "Personal Data"). When you've become an Applicant by giving this Personal Data, a representative either from Davesa or from a participating clinical research site may contact you, to assess whether you qualify for the clinical study, and in the event that you do, to help plan an opportunity to see the healthcare professional leading it.
Each clinical study has exceptional specific criteria for inclusion and exclusion. Sadly, this implies we can't coordinate each Applicant with a study. By becoming an Applicant, there is no guarantee that you will be contacted by Davesa. Furthermore, Davesa maintains all authority to reject Applicants for any reason. The Services provided to Applicants will be limited to their consideration for clinical studies, endeavoring to contact the individuals who may meet the capability criteria, and providing scheduling updates to encouraging correspondence among you and the specialists leading the study.
By using our website to become an Applicant, we shall use your Personal Data according to legally binding commitments to you regarding the Services. We may also use your Personal Data for certain other purposes outlined in our Privacy Policy. When you become an Applicant, we will keep your Personal Data for as long as one year, for consideration for other studies. After that time, we may contact you by email or telephone to inquire if you might want us to keep on keeping your Personal Data on record, so you can keep on being an Applicant for different studies. If we don't contact you, or you disclose to us that you would prefer not to keep on being an Applicant, we will erase your Personal Data as depicted in our Privacy Policy.
25. Davesa Satisfaction Guarantee
Satisfaction Guarantee Conditions
You can file a claim when all of the following applies:
1) You’re unsatisfied with the product purchased.
2) You have purchased the product in its entirety directly through the davesa.com website.
3) Your use of the product was limited to the description of the product on davesa.com.
4) Your use of the product was completed within 30 days of your product purchase date.
5) You submitted your claim within 30 days of your product purchase date.
After you file a claim with the necessary information, we will investigate and work with you to quickly resolve the issue.
Satisfaction Guarantee Claim Restrictions and Limitations
The following situations are not covered by the Davesa Satisfaction Guarantee:
Any portion of the product use was performed with products not purchased from davesa.com, such as software from other vendors.
Dissatisfaction with pricing or delivery times.
Claims not documented in entirety using the Davesa Satisfaction Guarantee claim form.
Product claim unrelated to the product.
Unforeseeable or latent defects in your premises or computer equipment.
These situations may limit your coverage under the Davesa Satisfaction Guarantee:
Claims with incomplete documentation.
Claims resulting from improper use of products and Services (as defined by Davesa).
Claims involving products, or uses of products, that are prohibited by law.
Claims involving the use of the products by persons other than the purchaser.