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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
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.
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.
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.
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.
7735 Old Georgetown Road
Bethesda, MD 20814