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LiveHealthier Terms of Use

 

Last Revised: June 2012

LiveHealthier (also referred to herein as "we", "us" and "our") maintains the wellness portal site as a service to your company (also referred to herein as "Company").

Your company has entered into a Software License and Professional Services Agreement with LiveHealthier to provide a web portal and related professional services as part of your employee wellness program

Use of Websites and Content

By using this site, you acknowledge that you have read, understand and agree to the Terms of Use and Privacy Policy.

The content (images and text) ("Content") is the property of LiveHealthier and protected by United States and international intellectual property laws with the exception of material provided on the site which is in the public domain and is not subject to copyright restrictions. All reproduced material on the site contains proper acknowledgement of its originator as the source. As a user of the site, you may download Content solely for your personal, non-commercial use (unless otherwise specifically agreed to by LiveHealthier in writing). You may not use the Content in any matter inconsistent with these Terms of Use or applicable law, nor may you copy, modify or alter the Content.

All information on the site is provided for informational purposes only and is not a substitute for medical advice or treatment of any medical conditions. Neither the content of the site nor any other service offered by or through LiveHealthier is intended to be relied upon for medical diagnosis or treatment. You should consult with a qualified physician for diagnosis and answers to your personal medical questions and before starting any nutrition or physical activity program. Do not start a nutrition or physical activity program with us if your physician or health care provider advises against it.

To the extent required by applicable state law, each of LiveHealthier's registered dietitians are licensed in the state in which such dietitian practices. Each user of the web site acknowledges, understands and agrees that if such user uses the services of LiveHealthier's registered dietitians that such dietitian may not be licensed by the state in which such user resides.

We will use reasonable efforts to include accurate and up-to-date Content and information on the site. From time-to-time we will include content and/or information provided by third parties and/or in the public domain. By clicking on certain links within the site, you may leave the site for another website ("Third Party Sites") which LiveHealthier neither owns nor controls. LiveHealthier shall not be liable to you for your use of a Third Party Site.

Personally Identifiable Information

In order to provide access to this site, your company has provided to LiveHealthier the name, email address, ID and office location (as appropriate) of each employee authorized to access the site. This information has been transmitted and is stored securely and used for the exclusive purpose of granting access to the site.

At certain points in using the site, you will be asked to provide information to us. We may collect two types of information from you, personally identifiable and non-personally identifiable.

The minimal personally identifiable information we collect includes username and password. For certain services, such as calculating individual energy expenditure and caloric requirements, we request your birth date and other non-personally identifiable information such as gender, height and weight. You can decline to submit personal information to any of our services, in which case LiveHealthier may not be able to provide those services to you.

Non-personally identifiable information we collect includes, but is not limited to, your weight, your height, and your nutrition and movement preferences. If you elect to interact with health coaches (registered dietitians and certified personal trainers) you will be asked to provide answers to a health history questionnaire. All authorized LiveHealthier health coaches may view this information. All interactions between you and health coaches are private and confidential and all responses will be sent electronically to only you. The decision to provide this information is completely voluntary and is only required in order to use certain services and interact with LiveHealthier health coaches.

We do not sell personally identifiable information. We will not disclose your personally identifiable information in a manner inconsistent with this Agreement or any other posted policy on the site unless required by law or to protect our interests. We will not request personally identifiable information, your user name and/or password via email. In the event that you receive any communication that purports to be from LiveHealthier that seeks personally identifiable information, send that request to LiveHealthier via email to privacy@livehealthier.com. For more information please see our Privacy Policy.

Any non-personally identifiable information, communications or material you send to us by any method is deemed by us to be non-confidential and you expressly license LiveHealthier to use, reproduce, and create derivative works from information, communications or material. We reserve the right to use comments, testimonials and other statements made by you on our websites including, but not limited to those you may post on our bulletin boards, in our chat rooms, in marketing and promotional materials. Any information, communications or material you send to us must be truthful, legal, and not violate any third party intellectual property or other rights. We reserve the right to change this Agreement and any other posted policy on our websites or to withdraw, change or add products or services contained within our websites at any time.

Rules for Blogs, Discussions, and Other User-Supplied Material

The site may have areas which allow you to engage in "discussions" or upload and download materials. When using any of these areas, you agree not to post, send, transmit, upload, or otherwise publish through the site, any materials that (1) interfere with anyone else's use of the site; (2) are abusive, illegal, indecent, obscene, offensive, or threatening in any way; (3) encourage anyone to break the law; (4) violate anyone's copyright or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; or (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication. You agree to comply with any additional terms which are referred to on the site.

Rules for Communities

The site may have areas where designated individuals may set up communities and where individuals may join communities. Users may elect to share personal information within the community with other users. When using any of these areas, you agree not to post, send, transmit, upload or otherwise publish through the site, any materials that (1) interfere with anyone else's use of the site; (2) are abusive, illegal, indecent, obscene, offensive, or threatening in any way; (3) encourage anyone to break the law; (4) violate anyone's copyright or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; or (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication. You agree to comply with any additional terms which are referred to on the site. All community activity will be monitored.

LiveHealthier's Right to Change These Terms of Use or Content on the Sites

LiveHealthier may add to, change, or remove any part of these Terms of Use at any time, without notice. Any changes to these Terms of Use or any terms posted on the site apply as soon as they are posted. By continuing to use the site after any changes are posted, you are indicating your acceptance of those changes. LiveHealthier may add, change, discontinue, remove, or suspend any other Content posted on the site, including features and specifications of products described or depicted on the Sites, temporarily or permanently, at any time, without notice and without liability.

Indemnification

You agree to: (a) maintain all equipment necessary for your access to and use of the site; (b) maintain the security of your user identification, password and other confidential information relating to your account; and (c) updating your personal information, including email address.

You agree to indemnify, defend, and hold LiveHealthier and all of its agents, directors, employees, information providers, licensors and licensees, officers, and parent (collectively, "Indemnified Parties"), harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in LiveHealthier's defense of any claim. LiveHealthier reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of LiveHealthier.

Electronic Means

LiveHealthier and Customer desire to facilitate certain transactions by exchanging documents, records and signatures electronically or by utilizing electronic agents. The use of electronic facilities or agents shall be in accordance with procedures established by LiveHealthier and governed by the applicable provisions of the Uniform Electronic Transactions Act as adopted in the State of Maryland.

Disclaimer of Warranties and Damages; Limitation of Liability

YOUR USE OF THE SITES IS AT YOUR OWN RISK. THE SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE) ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THE SITE, LIVEHEALTHIER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO LIVEHEALTHIER'S NEGLIGENCE, SHALL LIVEHEALTHIER BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THE SITES, EVEN IF LIVEHEALTHIER OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LIVEHEALTHIER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.

PLEASE ALSO READ THE PRIVACY POLICY.

General Provisions

These Terms of Use and any additional terms posted on the site constitute the entire agreement between LiveHealthier and you with respect to your use of the site. Any cause of action you may have with respect to your use of the site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this agreement, and the remainder of these Terms of Use shall continue in full force and effect. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without reference to its conflicts of law rules.

Contact Information

If you have any additional questions or concerns about this Policy, please feel free to contact us. LiveHealthier may deliver notice to you under this Privacy Policy or any other published policy on the site or by email or a general notice published on the site. LiveHealthier will never request any personally identifiable information from you via electronic or postal mail. If you receive an email or postal mail that purports to be from us that requests personally identifiable information from you please do not reply to that email and forward it to privacy@livehealthier.com You may give notice to us via email, by certified U.S. Mail postage prepaid or by nationally recognized overnight courier to the following address:

LiveHealthier
7735 Old Georgetown Road
Suite 100
Bethesda, MD 20814
Email: privacy@livehealthier.com

 

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