Terms and Conditions

PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE CAREFULLY PRIOR TO USING THIS WEBSITE. Epione Medical Corporation (“epione.com”) provides this website for the personal, educational and non-commercial use of consumers. By using this website, you acknowledge and accept the following terms and conditions of use (the “Terms and Conditions”). epione.com may revise and update these Terms and Conditions of use from time to time and users are responsible for becoming aware of such changes through the periodic review of these Terms and Conditions. Continued usage of the epione.com website after the posting of any changes to the following Terms and Conditions will be deemed acceptance of the changes on the part of the user.

Epione.com Disclaimer

Epione makes no warranties or representations that the information contained in the website is in every respect accurate or complete, and is not responsible for any errors or omissions or for the results obtained from the use of such. The information available on the epione.com website is not intended as a substitute for or to be used in lieu of professional medical advice. You are encouraged to confirm the information contained here with other sources. Always consult your physician or other qualified health care provider for medical advice and treatment. The creators, distributors, producers, and participants of this website disclaim any liability or loss in connection with the content provided here.

In many instances, the information available through epione.com represents the opinions and judgments of the respective information provider. While epione.com makes every effort to provide accurate and reliable information, we neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on epione.com by anyone other than authorized epione.com employee spokespersons acting in their official capacities. Reliance on any information provided by epione.com, the contributors to its website, or other visitors to the website is solely at your own risk. epione.com reserves the right to change or discontinue at any time any aspect or feature of this website. Also note that while epione.com frequently updates its contents, medical information changes rapidly. Therefore, some information may be out of date.

Copyright and Trademarks

The epione.com website and its entire contents, including any and all text, graphics, images, any and all software provided to facilitate the use of the epione.com website, and any and all trademarks, service marks, trade names or other proprietary materials appearing on the website (“Content”) are, as between you and epione.com, the sole and exclusive property of epione.com and no title or other interest in or to the Content shall pass to you or any other user except as expressly provided under these Terms and Conditions. epione.com authorizes you to view, download, and print the material provided for your personal, noncommercial use. Unauthorized use of the Content may violate copyright, trademark, and other laws. None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordination or otherwise), resold or redistributed without prior written consent of epione.com except that you may print excerpts of the data for personal use only, provided that all copyright and trademark notices accompanying such excerpts are left intact. You may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited.

Right to Shut Down, Deny or Limit Access

epione.com reserves the right to limit or revoke your access to this website in its sole discretion, at any time, and for any reason, including, but not limited to, any violation of these Terms and Conditions or in the event of website corruption or other technical difficulties. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. epione.com assumes no responsibility or liability for any losses, damages or other consequences of any kind resulting from any inability to access the website.

Limitation of Liability

THE MATERIAL IN THE EPIONE.COM WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. EPIONE.COM DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE. EPIONE.COM SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE UPON THE SERVICE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ACKNOWLEDGE THAT IN CONNECTION WITH THE EPIONE.COM WEBSITE INFORMATION WILL BE TRANSMITTED OVER NETWORKS, ROUTERS, SERVERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND/OR SERVICED BY THIRD PARTIES OVER WHICH EPIONE.COM HAS NO CONTROL. ACCORDINGLY, EPIONE.COM ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE EPIONE.COM WEBSITE.

Privacy Policy

All of us at epione.com view ourselves as members of the epione.com community and we guard your personal information as zealously as we guard our own. When you visit epione.com you can be assured that your confidential information will always remain completely private and not be shared with anyone without your permission.

This site is produced by Epione Medical Inc., 444 North Camden Drive, Beverly Hills CA 90210.

The epione.com website does not collect personally identifiable information regarding the users of its website unless such information is voluntarily provided by the user. We will not disclose your individual identity or personally identifiable information without your prior consent except as required by law, court order or as requested by other government or law enforcement authority. epione.com does place a cookie into the browser file on your computer. The cookie is a small computer file the web server uses to recognize the computer of users that have visited the web site previously in order to gather information about usage patterns and enable certain website functionalities. The cookie does not contain or collect any personally identifying information, but will collect information regarding the usage patterns associated with the user’s personal computer. Information tracked with cookies is primarily used to improve and update the site and to provide site-traffic data, and is only made available on an aggregate basis for the sole purpose of providing information to advertisers. When and if we do present such aggregated information to our advertisers or other outside companies, no one will be able to identify you or contact you. If you do not wish to permit the placement of cookies on your computer, most web browsers have a feature which will allow you to block cookies. However, you should be aware that blocking the placement of cookies may disable or hinder certain website functionalities.

This policy does not protect information you post to any online bulletin board, chat room, newsgroup or other public forum within our site. You should be aware that when you voluntarily disclose personal information (e-mail address, medical conditions, etc.) on bulletin boards or in chat areas, that information can be collected and used by others and may result in unsolicited messages from other participants or parties.

Epione.com’s Use of Remarketing with Google Analytics

Epione.com collects cookies on our Web site to capture information about page visits. This information is anonymous and Epione.com uses this information only internally—to deliver the most effective content to our visitors. Information from the cookies is used to gauge page popularity, analyze traffic patterns on our site and guide development of other improvements to our site. Epione.com does not require that you accept cookies, however, some functionality on our Web site, our product or service check-out process, and products and services may be disabled if you decline to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. You may also change your cookie settings through preferences options in our products and/or services, where applicable. Epione.com never gives away information about our users. If you choose to e-mail us and provide personally identifiable information about yourself, Epione.com will use this information only to respond to your inquiry. Epione.com will not sell, rent or otherwise disclose that information to third parties unless such disclosure is necessary for the purposes set forth in this Policy, by law or a policy or notice contained or associated with a specific Epione.com product or service.

Epione.com uses analytics data and the DoubleClick cookie to serve ads based on a user’s prior visits to our website. Site visitors may opt out of the DoubleClick cookie by visiting the Google advertising opt-out page or they may opt out of Google Analytics by visiting the Google Analytics opt-out page.

Google has additional information available about their Remarketing Privacy Guidelines, Policies, and Restrictions.

Protecting the privacy of children is very important to us.

For that reason, our website does not solicit, collect or maintain personally identifiable information from users we actually know are under age 13.

Kids: Please be sure to ask your parents for permission before you send any information about yourself to us or anyone else over the Internet.

Parents: We encourage you to be involved with your kids’ online experiences so you can be aware of what they are doing. For certain purposes we may use anonymous, aggregated data about our users, as mentioned above. If children choose to use our website, information regarding their usage patterns may be included in this anonymous, aggregated data.

epione.com may, from time to time, contain links to other sites on the Internet. We cannot control and are not responsible for the privacy practices or content of any other website. We caution you to review the privacy policies of any such sites prior to submitting personally identifiable information to these sites.

This privacy policy may be modified from time to time; though epione.com will make efforts to notify users of such changes, you are responsible for periodically reviewing the privacy policy in order to be aware of any such changes. If you have any questions or concerns about epione.com’s privacy policy, the practices of this site, or your dealings with this website, please send them to: info@epione.com

Forum Use Policy

Information posted on forums, bulletin boards, or similar portions of the epione.com website (“Forums”) is supplied by third parties and other users unless epione.com or its authorized representatives identifies itself as the content poster. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties or any other user are those of the respective author(s) and not of epione.com.

You agree that you will not post any of the following material in any Forum:

epione.com reserves the right to monitor Forums to determine compliance with these Terms and Conditions, as well the right to remove or refuse to post any posting, including any of the above postings upon discovery thereof. Notwithstanding these rights, users remain solely responsible for the content of their postings. You acknowledge and agree that neither epione.com nor any third party content provider will assume or have any liability for any action or inaction by epione.com or any third party content provider with respect to any posting on the Forums. You will not (i) select or use a member name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that epione.com, in its sole discretion, deems offensive.

Further, you hereby grant to epione.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in Forums (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed.

Links to Third Party Websites

The epione.com website may contain links to third party websites, either provided as a convenience to the user or as part of a third party advertisement. epione.com does not endorse the content of linked third-party websites nor any products or services that may be offered thereon and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. Your use of third-party websites is subject to any terms and conditions of use for such websites.

Indemnification

You agree to defend, indemnify and hold epione.com, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Content or any other portion or aspect of the website in a manner that violates or is alleged to violate these Terms and Conditions.

Free Gift Registration

Promotion available to new patients only. Free gifts and services are only available/redeemable in person at the Beverly Hills office. Limit one per client. Epione reserves the right to refuse service to anyone at Epione’s sole discretion.

Miscellaneous

The epione.com website is intended solely for the use of persons within the United States, its territories and possessions. Persons accessing or making any use of this website from outside of the United States do so at their own risk and are responsible for compliance with any and all applicable laws. These Terms and Conditions constitute the entire agreement between you and epione.com with respect to the use of the epione.com website. Any dispute between you and epione.com with respect to these Terms and Conditions, the epione.com website or any use of the epione.com website or its Content will be subject to the exclusive jurisdiction of courts in the state of California and these Terms and Conditions shall be governed by the laws of the state of California regardless of choice of law principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

HIPAA COMPLIANCE PLAN – PRIVACY RULE

This information is made available on request by a patient

HIS 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.
THIS NOTICE APPLIES TO ALL OF THE RECORDS OF YOUR CARE GENERA TED BY THE PRACTICE, WHETHER MADE BY THE PRACTICE OR AN ASSOCIATED FACILITY.

Uses and Disclosures

Treatment. Your health information may be used by staff members or disclosed to other health care professionals for the purpose of evaluating your health, diagnosing medical conditions, and providing treatment. For example, results of laboratory tests and procedures will be available in your medical record to all health professionals who may provide treatment or who may be consulted by staff members.
Payment. Your health information may be used to seek payment from your health plan, from other sources of coverage such as an automobile insurer, or from credit card companies that you may use to pay for services. For example, your health plan may request and receive information on dates of service, the services provided, and the medical condition being treated.
Health care operations. Your health information may be used as necessary to support the day-to- day activities and management of our medical practice. For example, information on the services you received may be used to support budgeting and financial reporting, and activities to evaluate and promote quality.

Law enforcement. Your health information may be disclosed to law enforcement agencies to support government audits and inspections, to facilitate law-enforcement investigations, and to comply with government mandated reporting.

Public health reporting. Your health information may be disclosed to public health agencies as required by law. For example, we are required to report certain communicable diseases to the state’s public health department.

Other uses and disclosures require your authorization. Disclosure of your health information or its use for any purpose other than those listed above requires your specific written authorization. If you change your mind after authorizing a use or disclosure of your information you may submit a written revocation of the authorization. However, your decision to revoke the authorization will not affect or undo any use or disclosure of information that occurred before you notified us of your decision to revoke your authorization.

Additional Uses of Information

Appointment reminders. Your health information will be used by our staff to send you appointment reminders.
Information about treatments. Your health information may be used to send you information that you may find interesting on the treatment and management of your medical condition.. We may also send you information describing other health-related products and services that we believe may interest you.

Fund raising. Unless you request us not to, we will use your name and address to support our fund-raising efforts. If you do not want to participate in fund-raising efforts, please check off the following box.

Individual Rights
You have certain rights under the federal privacy standards. These include the following and are explained in greater detail in the PATIENT RIGHTS section of this notice:

Duties of the Practice

We are required by law to maintain the privacy of your protected health information and to; provide you with this notice of privacy practices.
We also are required to abide by the privacy policies and practices that are outlined in this notice.

Right to Revise Privacy Practices

As permitted by law, we reserve the right to amend or modify our privacy policies and practices. These changes in our policies and practices may be required by changes in federal and state laws and regulations. Upon request, we will provide you with the most recently revised notice on any office visit. The revised policies and practices will be applied to all protected health information we maintain.

Requests to Inspect Protected Health Information

You may generally inspect or copy the protected health information that we maintain. As permitted by federal regulation, we require that requests to inspect or copy protected health information be submitted in writing. You may obtain a form to request access to your records by contacting our receptionist or privacy officer. Your request will be reviewed and will generally be approved unless there are legal or medical reasons to deny the request.

Complaints

If you would like to submit a comment or complaint about our privacy practices, you can do so by sending a letter outlining your concerns to:
David Ehrlich, Privacy Officer
Epione Medical Corporation
444 North Camden Drive
Beverly Hills, CA 90210
If you believe that your privacy rights have been violated, you should call the matter to our attention by sending a letter describing the cause of your concern to the same address.
You will not be penalized or otherwise retaliated against for filing a complaint.

Contact Person

The name and address of the person you can contact for further information concerning our privacy practices is:
David Ehrlich, Privacy Officer
Epione Medical Corporation
444 North Camden Drive
Beverly Hills, CA 90210
Effective Date
This Notice is effective on or after April 14, 2003.

PATIENT RIGHTS

THIS SECTION DESCRIBES YOUR RIGHTS AND THE OBLIGATIONS OF THIS PRACTICE REGARDING THE USE AND DISCLOSURE OF YOUR MEDICAL INFORMATION.

You have the following rights regarding medical information we maintain about you:

Right to Inspect and Copy

You have the right to inspect and copy medical information that may be used to make decisions about your care. This includes your own medical and billing records, but does not include psychotherapy notes. Upon proof of an appropriate, legal relationship, records of others related to you or under your care (guardian or custodial) may also be disclosed.

To inspect and copy your medical record, you must submit your request in writing to our Privacy Officer. Ask the front desk person for the name of the Privacy Officer. If you request a copy of the information, we may charge a fee for the costs of copying, mailing or other supplies (tapes, disks, etc.) associated with your request.

We may deny your request to inspect and copy in certain very limited circumstances. If you are denied access to medical information, you will be given a written explanation of the denial of your request. You will be also given an opportunity to request a review of that decision by a licensed professional chosen by the practice who was not involved in the original decision to deny the request. The practice will complete this review with 30 days and the results will be communicated to you.

Right to Amend

If you feel that the medical information we have about you in your record is incorrect or incomplete, then you may ask us to amend the information, following the procedure below. You have the right to request an amendment for as long as the Practice maintains your medical record.

To request an amendment, your request must be submitted in writing, along with your intended amendment and a reason that supports your request to amend. The amendment must be dated and signed by you. The Practice has a specific form available for this purpose.

We may deny your request for an amendment if it is not in writing or does not include a reason to support the request. In addition, we may deny your request if you ask us to amend information that:
Was not created by us, unless the person or entity that created the information is no longer available to make the amendment;
Is not part of the medical information kept by or for the Practice;
Is not part of the information which you would be permitted to inspect and copy; or
Is inaccurate and incomplete.

Right to an Accounting of Disclosures

You have the right to request an “accounting of disclosures”. This is a list of the disclosures we made of medical information about you, to others.
To request this list, you must submit your request in writing. Your request must state a time period not longer than six (6) years back and may not include dates before April 14, 2003 (the actual implementation date of the HIPAA Privacy Regulations). Your request should indicate in what form you want the list (for example, on paper, electronically). We will notify you of the cost involved and you may choose to withdraw or modify your request at that time before any costs are incurred.

Right to Request Restrictions

You have the right to request a restriction or limitation on the medical information we use or disclose about you for treatment, payment or health care operations. You also have the right to request a limit on the medical information we disclose about you to someone who is involved in your care or the payment for your care (a family member or friend). For example, you could ask that we not use or disclose information about a particular treatment you received.
We are not required to agree to your request and we may not be able to comply with your request. If we do agree, we will comply with your request except that we shall not comply, even with a written request, if the information is excepted from the consent requirement or we are, otherwise required to disclose the information by law.

To request restrictions, you must make your request in writing. In your request, you indicate:
What information you want to limit;
Whether you want to limit our use, disclosure or both; and
To whom you want the limits to apply, (e.g., disclosures to your children, parents, spouse, etc.)

Right to Request Confidential Communications

You have the right to request that we communicate with you about medical matters in a certain way or at a certain location. For example, you can ask that we only contact you at work or by mail, that we not leave voice mail or e-mail, or the like.

To request confidential communications, you must make your request in writing. We will not ask you the reason for your request. We will accommodate all reasonable requests. Your request must specify how or where you wish us to contact you.

Right to a Paper Copy of This Notice

You have the right to a paper copy of this notice. You may ask us to give you a copy of this notice at any time. Even if you have agreed to receive this notice electronically, you are still entitled to a paper copy of this notice.

Epione DMCA Notice & Takedown Procedure

Epione Medical Corporation abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by Epione Medical Corporation that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.

Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with Epione Medical Corporation’s rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.

Notice of Infringing Material

To file a notice of infringing material on a site owned or controlled by Epione Medical Corporation please provide a notification containing the following details:

Then send this notice to

By Mail:
Epione Medical Corporation
Attn.: DMCA Agent
444 North Camden Drive
Beverly Hills, CA 90210

By Fax:
Attn: DMCA Agent, Epione Medical Corporation
+1.310. 271-3786

By Email:
Email: david@epione.com

Counter-Notification

If material that you have posted to a site controlled or operated by Epione Medical Corporation has been taken down, you may file a counter-notification that contains the following details:

Then send this notice to:

By Mail:
Epione Medical Corporation
Attn.: DMCA Agent
444 North Camden Drive
Beverly Hills, CA 90210

By Fax:
Attn: DMCA Agent, Epione Medical Corporation
+1.310. 271-3786

Email: david@epione.com

You may be able to find examples of counter-notifications at www.chillingeffects.org/dmca/counter512.pdf. Please note, however, that this is no substitute for legal advice and you should obtain legal advice to better understand your rights and obligations under the DMCA and applicable laws.

Disclaimer

THE PURPOSE OF THIS WEBSITE IS TO ENHANCE, NOT REPLACE THE DISCUSSION AND CONSULTATION WITH YOUR PHYSICIAN SO THAT YOU CAN MAKE AN INFORMED DECISION BASED UPON THE RISKS, BENEFITS, AND ALTERNATIVES FOR YOUR SPECIFIC NEEDS AND DESIRES. AFTER VIEWING THE INFORMATION ON THIS WEBSITE YOU WILL BE ABLE TO HAVE A MORE MEANINGFUL DISCUSSION WITH YOUR DOCTOR. PATIENTS NEED TO READ ALL CONSENT FORMS FULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING THEIR TREATMENT.
RESULTS NOT GUARANTEED. ADDITIONAL AND/OR ALTERNATE TREATMENTS MAY BE NEEDED TO ACHIEVE THE DESIRED RESULT.