Effective Date: July 15, 2021
Mahana is based in the state of California, in the United States. We provide the Mahana Website and Mobile Apps for use only by people within the United States. We make no claims that the Website, Mobile Apps or any of its content is accessible, appropriate, or lawful outside of the United States. Access to the Website and/or Mobile Apps may not be legal by certain people or in certain countries. If you access the Website and/or Mobile Apps from outside the United States, you do so on your own initiative and are responsible for following local laws.
The Mahana Program, website, mobile apps, software, platform, and related are designed to help individuals diagnosed with irritable bowel syndrome (“IBS”), and other chronic conditions. Mahana, via the Website and Mobile Apps, offers Cognitive Behavioral Therapy (CBT) tools as well as written and digital materials, programs and solutions to provide physical and psychological support to individuals with chronic diseases such as IBS to reduce and manage symptoms and so as to promote and support wellness. In addition, Mahana helps:
We understand that Protected Health Information is personal and private, and we are dedicated to maintaining the accessibility, integrity, and security of your Protected Health Information (PHI). We take your privacy seriously.
Mahana is NOT a Healthcare Provider:
Mahana is not a healthcare provider and does not engage in the practice of medicine. Never disregard professional medical advice or delay seeking it because of something you have read on our Website and/or Mobile Apps. Nothing on our Website or Mobile Apps or the Programs Mahana offers should be construed as creating a physician-patient relationship between you and Mahana.
Mahana’s Program, and the content on our Website and Mobile Apps, such as text, graphics, images, articles, and other materials (“Content”) is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Nor are our Website or Mobile Apps designed for the delivery of time-sensitive or life critical medical or health-related communications. Personal entries in our mobile app are not monitored for medical or emergency health care purposes.
If you or someone you know is having a medical emergency, call 911 immediately.
Who May Use Mahana’s Website or Mobile Apps?
Mahana’s Website and Mobile Apps are designed and intended for U.S. citizens who:
The Mahana IBS prescription program is designed and intended for U.S. citizens who:
No one under age 13 may provide any health-related information to or through Mahana or the Website or Mobile Apps unless Mahana confirms that such disclosure would comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and the Children's Online Privacy Protection Act (COPPA) or equivalents under United States State specific laws. By using Mahana’s Program, you guarantee that you are a U.S. citizen and meet all of the eligibility requirements.
Rules for children under the age of 13
Our Program is not intended for children under the age of 13. No one under age 13 may provide any information to or through Mahana’s Website or via our Mobile Apps. If you are under age 13, do not provide Mahana any of the following information:
If we learn we have collected or received Personal or Protected Health Information from a child under age 13 without verification or parental consent, we will delete that information and take other appropriate measures. If you believe that we may have collected any information, including Personal or Protected Health Information, directly from a child under age 13, please contact us immediately at:firstname.lastname@example.org.
You guarantee that the information you provide to us is and will be current, true, and complete.
As part of Mahana’s Programs and Services, users will be transmitting Personally Identifiable Information (PII) and Protected Health Information (PHI) as permitted by HIPAA and equivalent U.S. State-specific law.
We do not claim ownership rights to your PII or PHI. However, if you enter PII or PHI into Mahana’s Website and/or Mobile Apps, you grant us a non-exclusive, royalty-free, fully sub-licensable, transferable license to use, display, reproduce, and distribute (in whole or in part) for the sole purpose of providing you access to Mahana’s Programs and services which have been prescribed for you. To that end, the following shall apply:
Access and Account Security
Mahana is dedicated to ensuring the accessibility, integrity, and security of your PII and PHI. However, you are responsible for keeping your account secure, which means:
You should not share your account information or give access to Mahana’s Program to anyone else.
You agree not to use the Website and Mobile Apps and Mahana’s Programs and Services:
Additionally, you agree not to:
Mahana’s Rights and Responsibilities
Mahana is dedicated to ensuring the accessibility, integrity, and security of information you submit and post, including your PII and PHI.
Mahana safeguards the accessibility, integrity, and security of information itself via third party vendors. Logins, and other Website and Mobile App usage is monitored for security. If you share PII and PHI through Mahana’s Website and/or Mobile Apps, you hereby grant us a non-exclusive, royalty-free, fully sub-licensable, transferable license to use, display, reproduce, and distribute (in whole or in part) in order to provide Mahana’s Programs and Services, consistent with:
Reliance on Information Posted
The information presented on or through the Website, or alternatively via the Mobile Apps, is made available to U.S. citizens who are age 18 or older and who have their primary residence in the U.S. The information available in the Mahana IBS prescription program is made available as a prescription-only digital therapeutic device solely for adults aged 22 years and older who have been diagnosed with IBS as well as general information purposes.
The Website and Mobile Apps may include content provided by third parties, including, other users, bloggers, educators, healthcare providers, researchers, and the like. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, are solely the opinions and the responsibility of the author. We are not responsible or liable for the content or accuracy of any materials authored by any third parties.
Your use of the Website and/or Mobile Apps, its content, and any services obtained through the Website , including that which is made accessible via the Mobile Apps is at your own risk. You understand that we cannot and do not guarantee that files you download from the internet or the Website and/or Mobile Apps will be free of viruses or other destructive code. To the maximum extent permitted by applicable law, the Website and Mobile Apps are provided “as is” and “as available,” with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect thereto, either express, implied, or statutory, including, but not limited to, implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and noninfringement. We do not guarantee, in writing or verbally, that the functions will meet your requirements, that any service will be uninterrupted or error-free, or that defects will be corrected. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply.
Website and Mobile App Changes, Maintenance, Availability
We will do scheduled system maintenance from time-to-time. During this time, updates to the Website and/or Mobile Apps, or parts of the Website and/or Mobile Apps, may be unavailable. We may need to do emergency maintenance at other times in the event of system failure. You specifically acknowledge that outage and downtime may occur. Use of our Website and/or Mobile Apps is void where prohibited by regulation.
In our sole discretion without notice to you, we reserve the right to withdraw or amend this Website, update the Mobile Apps, or modify Mahana’s Program. We will not be liable if all or any part of the Website and/or Mobile Apps is unavailable at any time, for any reason.
Monitoring, enforcement, and termination
In our sole discretion, we have the right to: remove or refuse access if any user:
Without limiting what’s stated above, we have the right to fully cooperate with any law enforcement authorities, regulatory agencies, and administrative or court orders that request or direct us to share the identity or other information of anyone posting any materials on the Website and/or Mobile Apps.
Waivers and Protections
You waive and hold harmless Mahana and its licensees from any claims that result from any action Mahana and/or its licensees take: (1) during, or as a result of its investigations; or (2) as a consequence of investigations or other actions by Mahana, law enforcement, regulatory agencies, or private parties.
Intellectual property rights
Mahana’s Program, its Website and/or Mobile Apps including without limitation, all information, software, text, displays, images, video and audio, and the design, selection and arrangement are owned or controlled by Mahana, its licensors or other providers of such material and protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Under no circumstances may the name Mahana or any of Mahana’s proprietary tools or services be used in any advertising or publicity without the express prior written permission of Mahana.
as well as Mahana’s Program, Mahana IBS are trademarks of Mahana and includes: the Mahana IBS name, Mahana’s name, and all related names, logos, product and service names, designs, tag-lines, and slogans. You must not use these without the prior written permission of Mahana.
Acknowledgement regarding text messages
To the extent the Website, Mobile Apps or related services enables you to send or receive text messages, the standard text messaging rates or other carrier charges may apply.
Limitation of liability
We will not be liable for any loss or damage caused by:
In no event will Mahana, its affiliates, or their licensors, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use the website and/or Mobile Apps, any websites or apps linked to it, any content on the website, mobile apps or such other websites or apps, or any services or items obtained through the website, mobile apps or such other websites or mobile apps. This also includes any direct, indirect, special, incidental, consequential or punitive damages, including, but not limited to: personal injury, pain and suffering, emotional distress, loss of revenue, profits, income, goodwill, or data, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Some geographies do not allow the limitation of liability or exclusion of certain damages, so this limitation may not apply.
Governing law and jurisdiction
Waiver and Severability
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