Terms of Service

Welcome to the Bavia Health Web Site (“Site”). Please review the following basic terms that govern your use of our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the “Agreement”).

General

We may, from time to time and without prior notice, change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.

Site Content

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that make up or appear as part of this Site (collectively, “Content”) are owned, controlled or licensed by Bavia Health and protected by trademark, copyright and other intellectual property rights of Bavia Health or its licensors against any unauthorized use not expressly permitted by this Agreement. The Site as a whole is protected by copyright, all worldwide rights, titles and interests in and to which are owned by Bavia Health “Koozala” is a registered trademark of Bavia Health.

The Content of our Site, and the site as a whole, is intended to be used solely for informational business purposes. No right, title or interest in any materials or software is transferred to you as a result of your viewing of the Content or any other use of the Site. You may not reproduce publish, post, upload, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, the Site, or any related software without Bavia Health’s prior written consent.

User Submissions

You agree that all information and other Content that you submit to this Site is accurate and will be updated and maintained such that it remains current.

By submitting Content to Bavia Health, you grant Bavia Health a perpetual, nonexclusive, irrevocable, worldwide, royalty-free, fully and freely assignable license to any rights you now have or in the future obtain in the Content, including, but not limited to, the rights to use, display, reproduce, distribute, modify, prepare derivative works based upon, and perform publicly the Content that you submitted (or any part thereof) online and offline; as well as to permit others (including without limitation the people or entities with which Bavia Health does business) to do the same for the purposes stated on the Site.

You agree not to provide any Content to Bavia Health that: (a) infringes on any thirdparty intellectual property, publicity, privacy, moral (droit moral) or other legal rights; (b) violates any applicable law or regulation; (c) is defamatory, threatening, harassing, obscene, harmful to minors, or child pornographic; (d) contains any viruses, worms or other harmful components (including, but not limited to, computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information); or (e) is otherwise tortuous or criminal.

You warrant and guarantee that you own all intellectual property, privacy, publicity, moral (droit moral) and other rights to any Content that you send to us. You further agree to defend, indemnify, and hold us harmless against: (a) any and all claims to the rights to content that you provide to us, (b) any and all claims that someone’s rights were violated by our use of the Content that you provide to us.

Prohibited Uses

You understand that you are only to use this Site in connection with the purposes stated on the Site. You may only use this Site in a manner that, in our sole judgment, is consistent with those purposes. If you are unsure of whether any contemplated use is permitted, you shall contact us. By way of example, uses inconsistent with the purposes of this site include, but are not limited to:

  • Using the Site for illegal purposes or in support of illegal activities. You shall not use the Site in any way that is in violation of any local, state, federal or non-United States law, regulation or treaty. Nor shall you use the Site in any way that constitutes a tort, breach of contract or other civil wrong. We reserve the right to cooperate with legal authorities and injured third parties in the investigation of any suspected crime or civil wrong. Among other things, we reserve the right to produce all information, personal or otherwise, that we have about you in response to a subpoena, court order, or other legal action.
  • Using the Site in a way that is threatening, obscene, indecent, abusive, harassing, fraudulent, defamatory, or invasive of privacy; or in a way that contains explicit or graphic descriptions or accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or threatening nature directed at another person (hereinafter including individuals, groups and entities)).
  • Violating the proprietary rights of Bavia Health or any other entity or person, including rights protected by copyright, trademark, service mark, trade secret, patent, right of publicity or other proprietary law, regulation, or intellectual property right.
  • Attempting to access the accounts of others, or attempting to penetrate security measures of the systems of Bavia Health or other entities (“hacking”), whether or not the intrusion results in corruption or loss of data.
  • Transmitting unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”), chain letters, or any other form of unauthorized or unsolicited transmissions.
  • Using the Site in a way that victimizes, harasses, degrades, or intimidates a person on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
  • Revealing your account password to others or allowing use of your account by others. Introducing viruses, worms, or any other computer programs, files, or codes that are designed or intended to disrupt, damage, or limit the functioning of the Site or of any software or hardware; or to damage or obtain unauthorized access to any data or other information.

Access and Monitoring

You agree that Bavia Health is not required to monitor, review, edit or control any Content on this Site. You further agree that you are solely responsible for maintaining the confidentiality of your password, account information and other means of access to this Site. You are solely responsible for any use of this Site by someone using your password, account or other identifier, as well as by someone using your computer.

Disclaimer

THIS SITE AND ALL CONTENT OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT BAVIA HEALTH DOES NOT WARRANT THAT ANY INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THIS SITE WILL BE ACCURATE, RELIABLE OR CORRECT; AND THAT BAVIA HEALTH DOES NOT WARRANT THAT THE SITE OR ANY OF ITS CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE AND THE INTERNET GENERALLY IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECITON WITH YOUR USE OF OUR SITE, AND THAT BAVIA HEALTH SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, AND ANY DAMAGES FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE ANY PART OF THIS SITE OR ANY HYPERLINKED WEBSITES, EVEN IF BAVIA HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT BAVIA HEALTH DOES NOT WARRANT OR GUARANTEE ANY RESULTS WITH RESPECT TO ANY EMPLOYMENT INQUIRIES OR CONTACTS MADE BY MEANS OF THIS SITE. THIS SITE IS ONLY A VENUE. IT ACTS TO FACILITATE CONTACTS BETWEEN POTENTIAL EMPLOYERS AND EMPLOYEES. YOU AGREE THAT BAVIA HEALTH IS NOT INVOLVED IN THE SCREENING, INTERVIEWING OR CREATION OF AN EMPLOYMENT RELATIONSHIP BETWEEN EMPLOYERS AND POTENTIAL EMPLOYEES USING THIS SITE. YOU FURTHER AGREE THAT BAVIA HEALTH HAS NO CONTROL OVER THE QUALITY, ACCURACY, SAFETY OR LEGALITY OF JOBS LISTED ON THIS SITE; NOR DOES BAVIA HEALTH CONTROL THE QUALITY, ACCURACY OR LEGALITY OF INFORMATION PROVIDED BY USERS OF THIS SITE. YOU ENTER ANY EMPLOYMENT APPLICATION PROCESS AND EMPLOYEREMPLOYEE RELATIONSHIP AT YOUR OWN RISK.

Links to Other Web Sites and Services

To the extent that this Site contains links to outside services and resources, the availability and content of which Bavia Health does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. The inclusion of these links does not imply any association with these sites, operators or any endorsement or approval of the services, merchandise, materials or content available from or on these sites.

Indemnification

You agree to defend, indemnify and hold Bavia Health harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.

Termination

Bavia Health may terminate your use of this Site, or any services or Content provided by this Site, at any time and for any reason at Bavia Health’s sole discretion and without notice to you. In such event, Bavia Health may choose to remove or delete some or all of the Content you submitted, or may keep the Content for use on the Site.

Miscellaneous

This Site and the Content thereof are displayed solely for the purpose of promoting Bavia Health’s products and services available in the United States and select foreign markets. This Site is controlled and operated by Bavia Health from its offices in the Minneapolis, Minnesota area. Bavia Health makes no representation that this Site, its Contents, and/or the goods and services featured herein are appropriate or available in other locations, and access to them from territories where such use or access is illegal is prohibited. Those who choose to access this Site from other countries do so at their own initiative and risk, and are responsible for compliance with applicable local laws. You many not use or export the Site or its Content in violation of any U.S. export law or regulation.

This Agreement shall be construed in accordance with the laws of the State of Minnesota, without regard to any conflict of law provisions. Any dispute arising under this Agreement or otherwise in connection with this Site or any Content shall be resolved exclusively by the state and federal courts of the State of Minnesota, Hennepin County.