PRIVACY POLICY

Effective Date: August 29, 2018

1. COMPANY AND WEBSITE

Witty Health Inc, a Delaware incorporated corporation, having its business office at 5850 San Felipe Suite 500, Houston, TX 77057 operates a HIPAA Compliant website under brand name OncoPower under URLs https://oncopower.org/ and https://www.oncopower.io/. This privacy policy is related to all the activities on OncoPower and Witty Health websites.

2. PROTECTING CHILDREN UNDER THE AGE OF THIRTEEN

Caring communities established on the OncoPower sites under URLs https://oncopower.org/ and https://www.oncopower.io/may include friends and family of all ages. Special care must be taken to protect children under the age of 13. For this reason, Witty Health does not permit children under the age of 18 to create or maintain their Sites, or children under the age of 13 to register as users.

3. INFORMTION GATHERING

Witty Health, Inc. (“Witty Health,” “we,” or “us”) collects publicly available information about physicians in a database to provide a directory and referral service to other healthcare professionals. This information includes physicians’ names, office addresses, office phone numbers and fax numbers, specialties, and the medical school and training institutions the physicians attended. We may also receive this information from other API providers such as Doximity or LinkedIn. Almost all oncology doctors, and many other healthcare professionals, are included in our database. If you choose to register and become a User, you will agree that the information that we have collected about you is accurate.

The purpose of the Witty Health service is to permit Users to add to the publicly available information about themselves in order to develop, maintain and enhance a network of professional contacts. Users may provide us certain personal information, such as their affiliations, and work history, which we collect and publish in order to allow you to enhance your network of contacts.

Users who are patients and may choose to provide certain information to us, such as information regarding their health condition

If you have any hesitation about providing such information to us and/or having such information displayed on the Witty Health website or otherwise used in any manner permitted in this Privacy Policy and the User Agreement, you may refrain from providing this information. The only information that you are required to provide in order to become a member of Witty Health is your email address. By default, your email address is not published in your Witty Health profile, and we will use it only to send you product updates and information. You can, of course, choose not to receive these updates.

If an authorized third party, such as an administrator in your office, completes the registration form on your behalf, both you and that third party will be deemed to have accepted all of the terms of this Privacy Policy.

INFORMATION GATHERING PROCESS:

When You Register

The following fields are required for physicians during the registration process to ensure that Witty Health network is a useful directory for its members: name, address, specialty, office phone, occupation, email address and password. Physicians are required to additionally enter or confirm the medical school that they attended, year of graduation and birthday. Most of this information, other than your email address, will already be included in your profile, but we ask that you verify that the information is correct, and update it where necessary. We use either your Doximity login or your Onfido service provider for identifying you.

We also give you the option to provide the following information: subspecialty, title/practice, clinical areas of interest, maiden name, languages spoken at your office, and profile photo. Providing such information is completely optional and choosing not to provide this information will not affect your ability to browse the Witty Health directory or use the Witty Health service.

All of the information that is publicly available or you voluntarily provide or gathered via Doximity will be included in your profile, which is accessible to anyone browsing the Witty Health directory, except your birth year, year you graduated from medical school, and your email address.

When You Add a Public Profile

Once you have completed the registration process, you may at any time provide additional information to your profile. Such information may include the following: medical group, IPA and hospital affiliations, internship, residency program, fellowships, work history, presentations, publications, education, professional interests, memberships, and board certifications. Providing additional information is entirely optional, but enables you to better identify yourself and find new opportunities in the Witty Health system to build and leverage your professional network.

All of the information that is publicly available or that you voluntarily provide will be published in your profile, which is accessible to anyone browsing the Witty Health directory, except the year(s) you graduated from your internship, residency and/or fellowship programs. Any information you provide to us, whether during the registration process or as an update to your Profile, may be used in the same manner and extent to which other information is permitted to be used hereunder, including for the purpose of creating and serving advertisements through the service.

When You Add a Private Profile

If you choose, you may fill out a private profile on Witty Health. The private profile can consist of back line, mobile phone, home phone, other phone, pager, inpatient and admit number, email address or other private mode of communication.

Your private profile is visible only to those confirmed Clinicians with whom you select to share it.

When You Invite Others to Join Witty Health

If you wish to invite your Clinicians or Colleagues to join Witty Health, you can use our email invitations to their offices. In this case, no additional information about you or your Clinicians or Colleagues is collected.

Alternatively, you may enter their names and email addresses, which Witty Health will use to send your invitation including a message that you may write to them. The names and email addresses of people that you invite will be used only to send your invitation and reminders

When You Contact Customer Support

Witty Health may collect information through our website or through Customer Support in order to, among other things, accurately categorize and respond to your inquiries and deliver appropriate service levels.

Cookies

Like most websites, Witty Health uses cookies and web log files to track site usage. A cookie is a tiny data file which resides on your computer that allows Witty Health to recognize you as a User when you return to the Witty Health website using the same computer and web browser. Like the information you enter at registration or when you update your Profile, cookie and log file data is used to customize your experience on our website. One type of cookie, known as a “persistent” cookie, is set once you’ve logged in to your Witty Health account. The next time you visit the Witty Health website, the persistent cookie will allow us to recognize you as an existing User so you will not need to log in before using the service. However, if you log out of the Witty Health website you will need to re-enter your password the next time you visit in order to log in to your account. We use cookies to improve the quality of our service by storing User preferences and tracking User trends. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent.

Log files, IP addresses and information about your computer and mobile device

Due to the communications standards on the internet, when you visit the Witty Health website we automatically receive the URL of the site from which you came and the site to which you are going when you leave Witty Health. Witty Health also receives the internet protocol (“IP”) address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and the type of web browser you are using, email patterns, mobile device operating system (if you are accessing Witty Health using a mobile device), as well as the name of your ISP or your mobile carrier. We use this information to analyze overall trends to help improve our service. The linkage between your IP address and your personally identifiable information is not shared with third parties without your permission, except as described in Section 2 (“Legal Disclaimer” and “Disclosures to Others”), below.

Consent to Witty Health Processing Information About You

Certain information you provide to Witty Health may reveal, or allow others to identify, your nationality, ethnic origin, religion or other aspects of your private life, and more generally about you. Please be aware that in providing information to Witty Health for the purposes of opening your user account, you are expressly and voluntarily accepting the terms and conditions of this Privacy Policy and Witty Health’s User Agreement. The supplying of all such information by you to Witty Health, including all information deemed "personal" or “sensitive” by applicable law, is entirely voluntary on your part. You have the right to withdraw your consent at any time, in accordance with the terms of this Privacy Policy and the User Agreement, but please note that your withdrawal of consent will not be retroactive.

Rights to Access, Correct and Eliminate Information About You

You have a right to access, modify, correct and eliminate the data about you, which has been collected pursuant to your decision to become a User. If you update any of your information, we may keep a copy of the information which you originally provided to us in our archives for uses documented herein. We take your rights seriously and encourage you to use them if you deem this to be appropriate. You may exercise these rights by emailing us at support@oncopower.org or by contacting us at:

Witty Health Inc
ATTN: Privacy Policy Issues
5850 San Felipe Suite 500
Houston, TX 77057

4. USES OF PERSONAL INFORMATION

Witty Health is an online service dedicated to helping medical professionals more effectively connect with one another. The information you choose to provide about yourself on our service is used to help you describe yourself to other Users. If you close your Witty Health account, we will remove all of the personal information that you have provided to Witty Health from our publicly viewable database, as well as any private profile information that you have stored with us. We will retain the publicly available data in the database, including all of the information about you that was available on our database prior to your joining the Witty Health network. Other information, that does not personally identify you as an individual, is collected by Witty Health from Users (such as, for example, patterns of utilization) and is exclusively owned by Witty Health. This information can be utilized by Witty Health in such manner as Witty Health, in its sole discretion, deems appropriate.

Witty Health's Communications to You

Witty Health will communicate with you through email, fax and notices posted on the Witty Health website or through other means available through the service, including text and other forms of messaging. If we send any communications to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand you will pay any service fees associated with any such access (including text messaging charges for messages to your mobile device). Our communications to you include emails which help inform Users about various features of the service. Witty Health may send you promotional information unless you have opted out of receiving such information. You can change your email and contact preferences at any time by sending a request to support@oncopower.org or by updating your profile information.

Customized Content

Information provided to Witty Health (or to third parties with whom it offers combined services) is also used to customize your experience on our website. For example, you can store “favorite” phone numbers for easy reference.

Sharing Information with Third Parties

Witty Health takes the privacy of Users very seriously. We do not sell, rent, or otherwise provide your private information to third parties for marketing or other purposes. We may provide data about the usage of our services to third party service providers with whom we contract to help us provide our Services. For example, we may work with vendors, consultants or other third parties to host and maintain our data and website properties, analyze our data, or provide marketing assistance. All contracted third parties must agree not to use your personal information and communications other than to fulfill their responsibilities to us and are bound by confidentiality agreements with regard to their use of such information. We may provide aggregated anonymous data about the usage of our services to third parties for such purposes as we deem, in our sole discretion, to be appropriate, including to prospective investors in Witty Health. We may segment our Users by specialty, education, alumni groups, training, research, grants, trials, geographic location or other similar information and provide information from your public profile as part of our Services and product offerings. If you would like to be excluded from the aggregated research or products based upon aggregated or segmented data and Users’ activities on the site, please email support@oncopower.org.

As part of our Services, we may share personal information with accredited Continuing Medical Education (CME) and Continuing Education (CE) providers who certify CME and CE activities, to process CME or CE activities you may choose to take through our Service.

As part of our Services, we may also share public profile information with medical leading publications and ranking bodies, such as U.S. News and World Reports to increase the visibility of our Users.

When you use the Witty Health Service through a Witty Health website, newsletter, mobile app or other medium, you may be presented with advertisements or opportunities to engage in informational programs consisting of sponsor-selected content. Examples of these programs include sponsored news alerts or branded or unbranded discussion groups. All sponsored programs will be labeled clearly as sponsored.

When you choose to engage with a sponsored program, such as engaging with a commercial client’s sponsored news alert, we may provide our commercial clients with your identifiable information and information about the type of engagement (e.g., whether you viewed, interacted with or requested information about such promotional content). We will only share your identifiable information with clients who have agreed to use such information solely for authorized purposes.

To confirm, we will not provide your personal contact information such as email, phone, fax, or postal address as part of our Services.

You may revoke your authorization to participate in these features of our Services at anytime. If you would like to be excluded from the accredited bodies, leading publications or commercial features of our Services, please email support@oncopower.org.

Finding Clinicians

We use your information, including the addresses you import through our contact importers, to make suggestions to you and other users on Witty Health. For example, if another user imports the same email address as you do, we may suggest that you add each other as Clinicians.

To help your friends find you, we allow other users to use contact information they have about you, such as your email address, to find you, including through contact importers and search.

Search

We offer search services to help you find information and learn more about other Users (for example, you can search for Users with particular expertise, or that you may know from your medical school). We use information from User profiles and other contributions to Witty Health to inform and refine our search service.

Surveys and Polls

As a User, you may receive requests to participate in market research including polls and surveys submitted by other Witty Health members. If you participate in surveys and polls offered through our website, the information you provide may be visible to others using the Witty Health website. You may opt-out of participating by emailing support@oncopower.org to stop receiving these inquiries and requests.

Communications to Other Users

Communications you initiate through Witty Health, such as invitations to Clinicians sent to a non-User, will list your name in the message, along with your current office address and phone/fax numbers. No other contact information will be included in the message.

Witty Health members may communicate with one another using the Witty Health Messaging feature. Messages may only be initiated between two users who have confirmed a Clinician relationship within the Witty Health network. In the case where a User has initiated a group message to two or more of his or her Clinicians, recipients of this group message may “reply all” to the recipients of this group message, even though they are not all Clinicians. This is the only instance where a Clinician may receive a message from a non-Clinician. Sending messages may be sent securely or non-securely. Secure messages require recipients to confirm their identity by entering their PIN code prior to viewing. Non-Secure messages may be read by anyone with access to a User’s mobile device.

You can disable Messaging at any time in Settings. You can disable “push” notifications of new Messaging messages at any time through the settings on your mobile device.

Disclosures of Information as Necessitated by Law

It is possible that we may need to disclose personal information when required by law, such as responses to civil or criminal subpoenas, or other requests by law enforcement personnel. We will disclose such information when we have a good-faith belief that it is necessary to comply with a court order, ongoing judicial proceeding, subpoena, or other legal process or request to Witty Health brought in any country throughout the world, or to exercise our legal rights or defend against legal claims.

Disclosures to Others

We may also disclose your personal and other information you provide, to another third party as part of reorganization or a sale of substantially all of the business of Witty Health. Any third party to which we transfer or sell Witty Health’s assets will have the right to continue to use the personal and other information that you provide to us.

5. YOUR INFORMATION CHOICES

Accessing and Changing Your Account Information

You can review the personal information you provided us and make any desired changes to the information you publish, or to the settings for your Witty Health account, including your email and contact preferences, at any time by emailing support@oncopower.org. You can also make these changes on the Witty Health website by updating your Profile. Please be aware that even after your request for a change is processed, Witty Health may, for a time, retain residual information about you in its backup and/or archival copies of its database.

Closing Your Account

You can also close your account at any time by emailing support@oncopower.org. If you close your Witty Health account, we will remove all of the information that you have provided to Witty Health from our publicly viewable database, as well as any private profile information that you have stored with us. We will retain the publicly available data in the database, including all of the information about you that was available on our database prior to your joining the Witty Health network. We may also retain certain data contributed by you if we believe it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally identifiable data, account recovery, or if required by law.

Witty Health may also retain and use your information if necessary to provide the Services to other Users. For example, just as an email you may send to another person through an email service provider resides in that person's inbox even after you delete it from your sent files or close your account, communications to other Users, as well as your contributions to Onco-Space or other communications, may remain visible to others after you have closed your account. Similarly, other information you have shared with others, or that other Users have copied, may also remain visible. This includes personal health information that you communicate through the Witty Health Services. Witty Health disclaims any liability in relation to the deletion or retention (subject to the terms herein) of information or any obligation not to delete the information. Witty Health does not control when search engines update their cache, which may contain certain public profile information that has since been removed from Witty Health's publicly viewable database.

To request that we close your account and remove your information from the Witty Health website, please send your request to support@oncopower.org Please send your request using an email account that you have registered with Witty Health under your name. You will receive a response within five business days of its receipt.

Memorializing Accounts

If we learn that a User is deceased, we may memorialize the User's account. We may restrict profile access and remove messaging functionality. We close an account if we receive a formal request from the User's next of kin or another proper legal request to do so.

6. YOUR OBLIGATIONS

As a User, you have certain obligations toward the other Users with whom you will be communicating. Certain of these obligations are imposed by applicable law and regulations, and others have become commonplace in user-friendly communities of like-minded members, such as Witty Health:

  1. You must, at all times, respect the terms and conditions of the then-current Privacy Policy and the User Agreement. This includes respecting all intellectual property rights which may belong to third parties (such as photographs).
  2. You must not download or otherwise disseminate any information which may be deemed to be injurious, defamatory, violent, offensive, racist, sexist or xenophobic, or which may otherwise violate the purpose and spirit of Witty Health and its community of Users.
  3. You must not provide information to Witty Health and /or other Users which you believe might be injurious or detrimental to your or other persons’ professional or social status.
  4. You must use our free peer-to-peer invite and secure message system for clinical, not commercial use. While we do allow selected client outreach for partner information, market research, expert witness, and career opportunities, these messages have a distinct format and channel-level opt-outs to protect our members. Those found soliciting, scamming, or spamming other members will be removed or suspended from the network at our sole discretion.

Any violation of these guidelines may lead to the restriction, suspension or termination of your account by Witty Health, as we take these principles seriously and consider them to be the basis on which our Users adhere to the Witty Health website and the services which it offers.

7. IMPORTANT INFORMATONX

If Users have questions or concerns regarding this statement, you may contact Witty Health by email at support@oncopower.org

Insurance Data

Insurance data on Witty Health is offered for informational purposes only, should not be relied upon, and users agree to hold harmless Witty Health and its data suppliers for use of the data.

Changes to this Privacy Policy

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page. We generally post updates to this policy once per year or as applicable. By continuing to use the Witty Health service after notice of changes have been sent to you or published on the Witty Health website, you are consenting to the changes.

If you use the Witty Health service after notice of these changes have been posted, you are providing your consent to the changed practices.

8. SECURITY

In order to secure your personal information, access to your data on Witty Health is passwordprotected. It is your responsibility to protect the security of your login information.

9. USER AGREEMENT

1. INTRODUCTION

A. Purpose

Witty Health's mission is to connect the world's medical professionals to enable you to be more productive and successful.

B. Scope and Intent

You agree that by registering on Witty Health, or by using the website, including our directory search, productivity features, mobile applications, premium services, or other information provided as part of the Witty Health services (collectively "Witty Health" or the "Services"), you are entering into a legally binding agreement with WITTY HEALTH INC, 5850 SAN FELIPE SUITE 500, HOUSTON, TX 77057 ("we," "us," "our," and "Witty Health") based on the terms of this Witty Health User Agreement and the Witty Health Privacy Policy, which is hereby incorporated by reference (collectively referred to as the "Agreement") and become a Witty Health user ("you", "your", and "User").

If you are using Witty Health on behalf of a company, medical practice or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not want to register an account and become a Witty Health User, do not conclude the Agreement, do NOT click join Witty Health and do not access, view, download or otherwise use any Witty Health webpage, information or services. By joining Witty Health you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By joining Witty Health you also consent to use electronic signatures and acknowledge your registration as one. Please note that the Witty Health User Agreement and Privacy Policy are also collectively referred to as Witty Health's "Terms of Service."

2. YOUR OBLIGATIONS

A. Applicable laws and this Agreement

  1. DOs and DON'Ts;
  2. Complaints Regarding Content Posted on the Witty Health Website; and
  3. Witty Health's Privacy Policy.

B. License and warranty for your submissions to Witty Health

You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:

You have control over the information you provide to Witty Health under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant Witty Health and its registered users a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Witty Health, including, but not limited to, any registration data, user generated content, ideas, concepts, techniques or data to the services, you submit to Witty Health, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in Sections 2 and 3 of this Agreement.

By providing information to us, you represent and warrant that you are entitled to and have the requisite rights to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. Note messages containing electronic protected health information between users should be submitted through Messaging, which is encrypted. Except as otherwise provided in this Agreement, Witty Health will have no obligations with respect to the information you submit to us. Witty Health hereby grants you a non-exclusive, non-transferable license to re-use or republish your own contributions made to the Witty Health site in their original or derivative form for republication elsewhere, such as in journals or other professional publications. This license is restricted to your own contributions and does not grant you rights to republish the contributions or postings of other Witty Health members. Witty Health shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and services incorporating such information. It is your responsibility to keep your Witty Health profile information accurate and updated.

C. Service Eligibility

To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) a certified U.S. physician, medical student, or other health care professional (3) are not currently restricted from the Services, or not otherwise prohibited from having a Witty Health account, (4) are not a competitor of Witty Health or are not using the Services for reasons that are in competition with Witty Health; (5) will only maintain one Witty Health account at any given time; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of Witty Health, including intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.

D. Sign-In Credentials

You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your login credentials to access your account; (3) refrain from using other Users' accounts; (4) refrain from selling, trading, or otherwise transferring your Witty Health account or any information and content of another Witty Health user to another party; and (5) refrain from charging anyone for access to any portion of Witty Health, or any information therein. Further, you are responsible for anything that happens through your account until you close your account or prove that your account security was compromised due to no fault of your own. To close your account, please contact support@oncopower.org.

E. Indemnification

You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity with which you engage on or through Witty Health.

F. Payment

If you purchase any services that we offer for a fee, either on a one-time or subscription basis ("Premium Services"), you agree to Witty Health storing your payment card information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You may cancel your Premium Services by contacting support@oncopower.org. You also acknowledge that Witty Health's Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. All Premium Services, including upgrades and additional messages acquired as part of your Premium account, expire immediately upon cancellation or termination of your Premium account.

G. Notify Us of Acts Contrary to the Agreement

If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.

H. Notifications and Service Messages

For purposes of service messages and notices about the Services to you, Witty Health may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Witty Health to an email address associated with your account, even if we have other contact information. You also agree that Witty Health may communicate with you through your Witty Health account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Witty Health account or services associated with Witty Health. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.

I. User-To-User Communication and Sharing

Witty Health offers various forums such as Messaging and Onco-space, Onco-Klinic, where you can communicate with individuals and groups. Any electronic personal health information communicated will be subject to the Business Associate Agreement.

Witty Health members can create Messaging, Onco-Space, Onco-Klinic, phone lists for free, however, Witty Health may close or transfer contact groups or phone lists in its discretion, or remove content from them if the content violates this Agreement or others' intellectual property rights.

Please note that ideas you post and information you share may be seen and used by other Users, and Witty Health cannot guarantee that other Users will not use the ideas and information that you share on Witty Health. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not share it on Witty Health. WITTY HEALTH IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST, UPLOAD, OR TRANSMIT WITHIN WITTY HEALTH.

J. Business Associate Agreement; Federal Healthcare Privacy and Security Rules

You should carefully read our full Privacy Policy and Business Associate Agreement before deciding to become a User as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information and electronic personal health information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to Witty Health, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.

Under the federal healthcare privacy and security rules, the Health Insurance Portability and Accountability Act (“HIPAA”) and the Health Information Technology for Economic and Clinical Health (“HITECH”) Act. Witty Health maintains personal health information in compliance with these rules and regulations.

K. Notice of HIPAA Privacy Practices

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED, AND DISCLOSED, AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY AND REPORT ANY ISSUES, OR CONCERNS, TO US:
Witty Health
ATTN: Legal Department
5850 San Felipe Suite 500
Houston, TX 77057

The Health Insurance Portability & Accountability Act of 1996 (HIPAA) is a federal program requiring that all medical records and other individually identifiable health information used, or disclosed, by us in any form, whether electronically, on paper, or orally, are kept properly confidential. This Act gives you, the Patient, significant rights to understand and control how your health information is used. HIPAA provides penalties for covered entities that misuse personal health information.

We have prepared this "Notice of HIPAA Privacy Practices" to explain how we are required to maintain the privacy of your health information and how we may use and disclose your health information.

We may use and disclose your health information or medical records for each of the following purposes: treatment, payment, and health care operations:

TREATMENT means providing, coordinating, or managing health care and related services by one or more Clinicians and/or health care providers.

PAYMENT means such activities as obtaining payment or reimbursement for services, billing or collection activities and utilization review.

HEALTH CARE OPERATIONS include managing your personal health information to facilitate messaging and consultations with associated physicians, as well as conducting quality assessment review and service improvement planning activities, auditing functions, costcontainment analysis, and customer service.

We may also create and distribute de-identified health information by removing all references to individually identifiable information.

We may contact you to provide information about our services or other health-related services that may be of interest to you.

Any other uses and disclosures will be made only by you or with your written authorization. You may revoke such authorization in writing and we are required to honor and abide by that written request, except to the extent that we have already taken actions relying on your authorization.

You have the following rights with respect to your protected health information, which you can exercise by presenting a written request to:
Witty Health
ATTN: Legal Department
5850 San Felipe Suite 500
Houston, TX 77057

The Health Insurance Portability & Accountability Act of 1996 (HIPAA) is a federal program requiring that all medical records and other individually identifiable health information used, or disclosed, by us in any form, whether electronically, on paper, or orally, are kept properly confidential. This Act gives you, the Patient, significant rights to understand and control how your health information is used. HIPAA provides penalties for covered entities that misuse personal health information.

We have prepared this "Notice of HIPAA Privacy Practices" to explain how we are required to maintain the privacy of your health information and how we may use and disclose your health information.

We may use and disclose your health information or medical records for each of the following purposes: treatment, payment, and health care operations:

TREATMENT means providing, coordinating, or managing health care and related services by one or more Clinicians and/or health care providers.

PAYMENT means such activities as obtaining payment or reimbursement for services, billing or collection activities and utilization review.

HEALTH CARE OPERATIONS include managing your personal health information to facilitate messaging and consultations with associated physicians, as well as conducting quality assessment review and service improvement planning activities, auditing functions, costcontainment analysis, and customer service.

We may also create and distribute de-identified health information by removing all references to individually identifiable information.

We may contact you to provide information about our services or other health-related services that may be of interest to you.

Any other uses and disclosures will be made only by you or with your written authorization. You may revoke such authorization in writing and we are required to honor and abide by that written request, except to the extent that we have already taken actions relying on your authorization.

You have the following rights with respect to your protected health information, which you can exercise by presenting a written request to:
Witty Health
ATTN: Legal Department
5850 San Felipe Suite 500
Houston, TX 77057

You have the right to ask for restrictions on the ways we use and disclose your health information for treatment, payment, and healthcare operations. You may also request that we limit our disclosures to persons assisting your care. We will consider your request, but are not required to accept it.

You have the right to request that you receive communications containing your protected health information from us by alternative means or at alternative locations. For example, you may ask that we only contact you at home or by mail.

Except under certain circumstances, you have the right to inspect and copy medical, billing and other records used to make decisions about you. If you ask for copies of this information, we may charge you a nominal fee for copying, packaging, and postage.

If you believe that information in your records is incorrect, or incomplete, you have the right to ask us to correct the existing information, or add missing information. Under certain circumstances, we may deny your request, such as when the information is accurate and complete.

You have a right to receive a list of certain instances when we have used or disclosed your medical information. If you ask for this information from us more than once every twelve months, charges may apply, to cover our costs for administration, archive retrieval, copying, packaging, and postage.

L. Contributions to Witty Health

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Witty Health through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential proprietary or protected health information; (b) Witty Health is not under any obligation of confidentiality, express or implied, with respect to the Contributions; Witty Health shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Witty Health may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to Witty Health all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Witty Health under any circumstances.

M. Posted Data

The information and content posted on Witty Health is gathered from publicly available data or submitted by Users, and Witty Health cannot guarantee the accuracy of such information. Use of Witty Health by you is conditioned upon your agreement that all of the information and content, including profile and insurance data, is for informational purposes only and should not be relied upon, and that as a User, you agree to hold harmless Witty Health and other Users and data suppliers for your use or reliance on such data.

3. YOUR RIGHTS

On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do's and Don'ts listed in Section 12, we grant you a limited, revocable, nonexclusive, non-assignable, non-sublicensable license and right to access the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Witty Health or its Users), view information and use the Services that we provide on Witty Health webpages and in accordance with this Agreement. Any other use of Witty Health contrary to our mission and purpose (such as seeking to connect to someone you do not know or to use information gathered from Witty Health commercially in each case unless expressly authorized by Witty Health) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Witty Health and all related items, including any and all copies made of the Witty Health website.

4. OUR RIGHTS AND OBLIGATIONS

A. Services Availability

For as long as Witty Health continues to offer the Services, Witty Health shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Witty Health as it may currently exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Witty Health, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Witty Health further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if it is deemed by Witty Health, in its sole discretion, to be contrary to this Agreement. For avoidance of doubt, Witty Health has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.

B. Third Party Sites

Witty Health may include links to third party web sites ("Third Party Sites") on www.Witty Health.com and elsewhere. You are responsible for evaluating whether you want to access or use a Third Party Site. You should review any applicable terms and/or privacy policy of a Third Party Site before using it.

Witty Health is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. Accordingly, if you decide to access Third Party Sites, you do so at your own risk.

C. Disclosure of User Information

You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Witty Health, our Users or the public.

Disclosures of User information to third parties other than those required to provide customer support, administer this Agreement, or comply with legal requirements are addressed in the privacy policy.

D. Connections and Interactions with Other Users

You are solely responsible for your interactions with other Users. Witty Health may limit the number of Clinician connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Witty Health reserves the right, but has no obligation to monitor disputes between you and other members and to restrict, suspend, or close your account if Witty Health determines, in our sole discretion, that doing so is necessary to enforce this Agreement.

You agree that from time to time Witty Health may invite or otherwise make you aware of certain educational, promotional or financial opportunities relating to your communications and profile.

5. SERVICE DISCLAIMER

Do not rely on Witty Health, any information therein, or its continuation. We provide the platform for Witty Health and all information and services on an "as is" and "as available" basis. Witty Health does not control or vet User generated content for accuracy. We do not provide any express warranties or representations.

To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and noninfringement. If you are dissatisfied or harmed by Witty Health or anything related to Witty Health, you may close your Witty Health account and terminate this agreement in accordance with section 7 ("termination") and such termination shall be your sole and exclusive remedy.

Witty Health is not responsible, and makes no representations or warranties for the delivery of any messages (such as Messaging, posting on Witty Health sites or transmission of any other user generated content) sent through Witty Health to anyone. In addition, we neither warrant nor represent that your use of the service will not infringe the rights of third parties. Any material, service, or technology described or used on the website may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us.

Witty Health does not guarantee that the services it provides will function without interruption or errors in functioning. In particular, the operation of the Services may be interrupted due to maintenance, updates, or system or network failures. Witty Health disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, Witty Health disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the Witty Health site due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason.

6. MEDICAL DISCLAIMER

The contents of Witty Health, such as text, graphics, images, information obtained from Witty Health's licensors, users, employees and other material contained in Witty Health ("Content") is for informational and educational purposes only and are not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. Witty Health or you are not permitted to advise, diagnose, or otherwise treat Users through the services. Neither the content nor any other service offered by or through this site is intended to be for medical diagnosis or treatment. Persons accessing this information assume full responsibility for the use of the information and agree that Witty Health is not responsible or liable for any claim, loss, or damage arising from the use of the information. Witty Health does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, “off-label” drug uses or other information that may be mentioned on Witty Health and Witty Health members are required by the "Do's" of these Terms of Use to disclose any such conflicts of interest. Your reliance upon the Content obtained or used by you is solely at your own risk.

Witty Health reminds you that the Service is not meant to serve as a substitute for your own professional medical judgment. You should always exercise your professional judgment in evaluating your patients, and should carefully consider any treatment plan. Witty Health encourages you to confirm the information made available or otherwise obtained through the Service with other reliable sources before undertaking any treatment. We also encourage you to review from time to time the American Medical Association's Policy for Professionalism in the Use of Social Media at https://www.ama-assn.org/ama/pub/meeting/professionalism-socialmedia.html.

7. BUSINESS ASSOCIATE AGREEMENT

The Health Insurance Portability and Accountability Act of 1996 generally requires that covered entities and business associates enter into contracts to ensure that the business associates will appropriately safeguard protected health information. A business associate contract serves to clarify and limit, as appropriate, the permissible uses and disclosures of protected health information by the business associate, based on the relationship between the parties and the activities or services being performed by the business associate. You and Witty Health agree to the terms provided in the Business Associate Agreement relating to any communications of electronic protected health information.

8. LIMITATION OF LIABILITY

Neither Witty Health nor any employees, shareholders, representatives or directors ("Witty Health Affiliates") shall be cumulatively liable for (a) any damages in excess of U.S. $10, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from Witty Health. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:

Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and

Not apply to any damage that Witty Health may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that restricts certain damages from being disclaimed from in this Agreement.

Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.

9. TERMINATION

A. Mutual Rights of Termination

You may terminate this Agreement, for any or no reason, at any time, with notice to Witty Health pursuant to Section 11.B. This notice will be effective upon Witty Health processing your notice. Witty Health may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination of your Witty Health account includes disabling your access to Witty Health and may also bar you from any future use of Witty Health.

B. Misuse of the Services

Witty Health may restrict, suspend or terminate the account of any User who abuses or misuses the Services or offers competitive services. Misuse of the Services includes inviting to connect with other Users whom you do not know or with whom you do not have a medical referral, informational, recruiting or consulting objective authorized by Witty Health; abusing the Witty Health messaging services; using the Services commercially without Witty Health's authorization, infringing any intellectual property rights, violating any of the Do's and Don'ts listed in Section 12, or any other behavior that Witty Health, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Witty Health has adopted a policy of terminating accounts of Users who, in Witty Health's sole discretion, are deemed to be repeat infringers under the United States Copyright Act.

C. Effect of Termination

Upon the termination of your Witty Health account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Sections 3 ("Your Rights") and 4.a-b, and d ("Our Rights and Obligations") hereof.

10. DISPUTE RESOLUTION

A. Law and Forum for Legal Disputes

This Agreement or any claim, cause of action or dispute ("claim") arising out of or related to this Agreement shall be governed by the laws of the state of Texas regardless of your country of origin or where you access Witty Health, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Witty Health agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Harris County, Texas, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Witty Health agree to submit to the personal jurisdiction of the courts located Harris County, Texas for the purpose of litigating all such claims. Notwithstanding the above, you agree that Witty Health shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

B. Arbitration Option

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

11. GENERAL TERMS

A. Severability

If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

B. Notices and Service of Process

In addition to Section 2.h. ("Notifications and Service Messages"), we may notify you via postings on www.Witty Health.com. You may contact us at support@oncopower.org or via mail or courier at:
Witty Health
ATTN: Legal Department
5850 San Felipe Suite 500
Houston, TX 77057

Additionally, Witty Health accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.

C. Entire Agreement

You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Witty Health services, thirdparty content or third party software.

D. Initial Posting and Amendments to This Agreement

This Agreement will be posted on the www.Witty Health.com website. We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.Witty Health.com or notifying you otherwise. For example, Witty Health may present a banner on the site when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the site. If you do not want to agree to changes to the Agreement, you can terminate this Agreement at any time per Section 9 (Termination).

E. No Informal Waivers, Agreements or Representations

Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Witty Health Affiliate shall be deemed legally binding on any Witty Health Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Witty Health.

F. No Injunctive Relief

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.

G. Assignment and Delegation

You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Witty Health for any third party that assumes our rights and obligations under this Agreement.

H. Potential Other Rights and Obligations

You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.

12. WITTY HEALTH USER "DOS" and "DON'TS"

As a condition to access Witty Health, you agree to this User Agreement and to strictly observe the following DOs and DON'Ts:

A. Do Undertake the Following:

  1. Comply with all applicable laws, including, without limitation, state and federal patient privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
  2. Provide accurate information to us and update it as necessary;
  3. Review and comply with our Privacy Policy
  4. Review and comply with notices sent by Witty Health concerning the Services;
  5. Disclose any potential conflicts-of-interest, such as consultant fees (e.g. promoting "offlabel" use) as appropriate;
  6. Use the Services in a professional manner.

B. Don't Undertake the Following:

  1. Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to Witty Health;
  2. Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the specialty field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
  3. Harass, abuse or harm another person, including sending unwelcomed or unauthorized communications to others using Witty Health;
  4. Upload a profile image that is not your likeness or a head-shot photo;
  5. Use or attempt to use another's account without authorization from the user, or create a false identity on Witty Health;

Upload, post, email, Messaging, fax, transmit or otherwise make available or initiate any content that:

  1. Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
  2. Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
  3. Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the specialty field);
  4. Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as private patient information, insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  5. Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
  6. Includes any unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized communication. This prohibition includes but is not limited to (a) using Witty Health invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact; (b) using Witty Health to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
  7. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Witty Health or any User of Witty Health;
  8. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or
  9. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Witty Health (excluding content posted by you) except as permitted in this Agreement or as expressly authorized by Witty Health;
  10. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof
  11. Utilize or copy information, content or any data you view on and/or obtain from Witty Health to provide any service that is competitive, in Witty Health's sole discretion, with Witty Health;
  12. Imply or state, directly or indirectly, that you are affiliated with or endorsed by Witty Health unless you have entered into a written agreement with Witty Health;
  13. Adapt, modify or create derivative works based on Witty Health or technology underlying the Services, or other Users' content, in whole or part;
  14. Rent, lease, loan, trade, sell/re-sell access to Witty Health or any information therein, or the equivalent, in whole or part;
  15. Sell, sponsor, or otherwise monetize Witty Health site content, phone lists, or any other service or functionality of Witty Health, without the express written permission of Witty Health;
  16. Deep-link to the Site for any purpose, (i.e. including a link to a Witty Health web page other than Witty Health's home page) unless expressly authorized in writing by Witty Health or for the purpose of promoting your profile or a Group on Witty Health;
  17. Remove any copyright, trademark or other proprietary rights notices contained in or on Witty Health, including those of both Witty Health and any of its licensors;
  18. Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Witty Health except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
  19. Share information of non-Users without their express consent;
  20. Infringe or use Witty Health's brand, logos and/or trademarks, including, without limitation, using the word "Witty Health" in any business name, email, or URL or including Witty Health's trademarks and logos or as expressly permitted by Witty Health;
  21. Use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the site, unless explicitly permitted by Witty Health;
  22. Use bots or other automated methods to access Witty Health, add or download contacts, send or redirect messages, or perform other activities through Witty Health, unless explicitly permitted by Witty Health;
  23. Access, via automated or manual means or processes, Witty Health for purposes of monitoring Witty Health's availability, performance or functionality for any competitive purpose;
  24. Engage in "framing," "mirroring," or otherwise simulating the appearance or function of Witty Health's website;
  25. . Attempt to or actually access Witty Health by any means other than through the interfaces provided by Witty Health such as its mobile application or by navigating to http://www.Witty Health.com using a web browser. This prohibition includes accessing or attempting to access Witty Health using any third-party service, including softwareas-a-service platforms that aggregate access to multiple services, including Witty Health;
  26. Attempt to or actually override any security component included in or underlying Witty Health;
  27. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Witty Health's infrastructure, including, but not limited to, sending unsolicited communications to other Users or Witty Health personnel, attempting to gain unauthorized access to Witty Health, or transmitting or activating computer viruses through or on Witty Health;
  28. Interfere with or disrupt or game Witty Health or the Services, including, but not limited to, any servers or networks connected to Witty Health, in particular Witty Health's search algorithms.
  29. Any attempt to obtain unauthorized access, interfere with or to exceed authorized access to Witty Health shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. Witty Health hereby notifies you that any or all communications with this website can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by Witty Health in its sole discretion and without further notice.

13. COMPLAINTS REGARDING CONTENT POSTED ON THE WITTY HEALTH WEBSITE

We built Witty Health to help you be a more successful physician or other healthcare professional. To achieve this purpose, we encourage our Users to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, Witty Health provides a process for submission of complaints concerning content posted by our Users. Our policy and procedures can be found in the Witty Health Privacy Policy.

If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by contacting Witty Health at the following physical or email address:
Witty Health
ATTN: Legal Department
5850 San Felipe Suite 500
Houston, TX 77057
support@oncopower.org
and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders who are repeat infringers.