Please read the following Terms of Use (the “Terms of Use”) carefully. These Terms of Use govern your use of our websites (the “Websites”), any mobile applications associated with the Websites (the “Mobile Applications) or any associated Content (as defined below), material, or functionality contained on the Websites or Mobile Applications (the “Services” and, together with the Websites and the Mobile Applications, collectively, the “System”). The System is the property of Healthy Is Wellness, LLC (“Company”, “we”, “us”, or “our”) and its licensors. You are being granted access to the System because you are an enrollee (“enrollee”) or a coach associated with an employer which has entered into a services agreement with us (“provider”). Before you may access the System, you must receive adequate training on how to use the System. If you are an enrollee, you must verify your identity before you will be granted access to the System. If you are a provider you must verify your identity before you will be granted access to the System.

 

BY CLICKING ON THE “ACCEPT” BUTTON BELOW, YOU HAVE INDICATED THAT YOU HAVE READ, UNDERSTAND AND CONSENT TO BE BOUND BY, AND THAT YOU WILL COMPLY WITH, THE TERMS OF USE.

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Furthermore, after you click “I Accept” your continued access, browsing, downloading, usage, or registering to receive any Content or Services, signifies your continued acknowledgement that you have read and understood both these Terms of Use and the Privacy Policy, and that you accept and agree to be bound by them in full. If you do not agree to these Terms of Use and the Privacy Policy, do not use the System, or any portion thereof.

 

Communications to Enrollee

If you are an enrollee, this Section may apply to you. If the System is configured with such functionality and you, as the enrollee, want to communicate with your providers electronically through the System, you must provide a valid cell phone number for your account and opt into this feature by verifying your account. If you do so, you will receive a text message/push notification notifying you when a provider inputs new information into your account. The notifications themselves will not contain confidential information, but will direct you to go to your account to view the new information in the App. Such a notification may be information that you would not want others to know. This should be taken into account when making a decision about whether to register for electronic communication through the System and which mobile number you choose to use with your account.

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You acknowledge that it is your responsibility to maintain a current number in the System at all times and to monitor your App, and you agree not to hold Company, or the employer licensing the System, liable for any loss, injury, or claims of any kind resulting from notifications that you fail to read in a timely manner, or for messages that you fail to receive. If your phone is not fully charged, or you change your number, or delete the App form your device, you will not receive messages from your provider and will not be able to utilize the System.

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Communications from Enrollee

If you are an enrollee, this Section may apply to you. When the System is configured with such functionality and you, as the enrollee, opt into electronic communication with your provider, you will be able to send electronic messages to your provider. You understand and agree that your electronic messages will be routed to your provider, and therefore other employees of the Company may be involved in addressing your electronic messages. You further understand and agree that if your provider is out of the office or unavailable, electronic messages sent by you via the System may be routed to other providers. Therefore, you may not want to use the electronic messaging system available through the System if there is sensitive information that you would only wish to discuss directly with your provider.

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You understand and agree that with regard to any electronic message you send to a provider through the System, the response is dependent on the information you provide. You also understand and agree that the information you provide through the System will not become part of your permanent medical record or your electronic health record.

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Changes to the Terms of Use

We may update these Terms of Use from time to time and may amend them at any time to incorporate additional terms specific to additional features, applications, opportunities, or services that we may make available on or through the System. All such updates and amendments are effective immediately upon notice to you, which we may give by any means, including, but not limited to, by posting a revised version of these Terms of Use on the System or providing another notice on the System. You should view these Terms of Use often to stay informed of changes that may affect you, as your continued use of the System signifies your continuing consent to be bound by these Terms of Use. We expressly reserve the right to make any changes to these Terms of Use, or to the System and its Content, at any time, without prior notice to you. The version of these Terms of Use posted on our Websites on each respective date you visit the System shall be the Terms of Use applicable to your access and use of the System on that date. Our electronically or otherwise properly stored copies of these Terms of Use and the Privacy Policy shall be deemed to be the true, complete, valid, authentic, and enforceable copies of the version of the Terms of Use and the Privacy Policy which were in force on each respective date you visited the System.

 

License Grant

Company grants you a personal, non-transferable, and non-exclusive right to use the Services via the System solely for your personal use, and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the System or access to any products, information, or other content available therein.

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No commercial use or redistribution of any content, software, or other Company product is permitted, unless expressly specified in a prior agreement between you and Company.

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Company reserves the right, in its sole discretion, to terminate your access to the System and the related Services or any portion thereof at any time, for any reason, without notice. Furthermore, if you terminate your employment with the employer which has contracted for use of the System, we will terminate your access immediately.

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No Unlawful or Prohibited Use

Any use or attempted use of the System (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party’s use and enjoyment of the System; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by Company to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it was intended, is prohibited.

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The System may contain chat areas or other message or communication facilities designed to enable you to communicate with a specified group or generally (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

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In addition, in connection with your use of the System, you agree you will not:

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(a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

 

(b) Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;

 

(c) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Company representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

 

(d) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

 

(e) Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;

 

(f) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

 

(g) Use any of the System’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);

 

(h) Upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;

 

(i) Violate any applicable local, state, national or international law;

 

(j) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;

 

(k) Delete or revise any material posted by any other person or entity;

 

(l) Probe, scan, test the vulnerability of or breach the authentication measures of, the System or any related networks or systems;

 

(m) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;

 

(n) Harvest or otherwise collect information about others, including e-mail addresses; or

 

(o) Use any robot, spider, scraper, or other automated or manual means to access the System, or copy any Content or information on the System.

 

Company reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and account. Company may cooperate with legal authorities and third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Company reserves the right at all times to disclose any information as Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company’s sole discretion. You also agree to reimburse Company for any damage, loss, cost or expense Company incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the System for any unlawful or prohibited purpose.

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Any information, communications, or material of any type or nature that you submit to the System by e-mail, messaging, uploading, downloading, or otherwise (collectively, a “Submission”) is done at your own risk. All Submissions inputted/submitted by you is at your own risk and you hereby represent and warrant that you have the full legal right to so use such Submissions and that they, and any content or material contained therein, are not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.

 

Password Accounts, Passwords, and Security

In order to access the System, you will be required to create an account and complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, including choosing a password and user name. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the System registration mechanism (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, non-current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the System. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each session. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder. You understand that you may voluntarily terminate your use of and delete your account from the System by using the applicable deactivation mechanism provided on the System.

 

In consideration of your access to and use of the System, you represent that you are of legal age to form a binding contract and are not a person barred from accessing or using the System under the laws of the United States or other applicable jurisdiction. Only individuals who are of legal age to form a binding contract under applicable law (i.e., eighteen (18) years of age or older in most jurisdictions) are permitted to create an account or register to use the System after appropriate training is completed.

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Proprietary Content

The Company respects the intellectual property rights of others and expects you to do the same. We have expended substantial time, effort and funds to create the System and to collect and provide the features, materials, opportunities, and services that are available on or through the System. You understand and agree that Company owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the System and the features, materials, opportunities, and services made available on or through the System, and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”) as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content. You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the System and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection, and trade secrets, and all such rights are and shall remain the property of Company or its licensors and content-providers. For the avoidance of doubt, “Content” does not include any Third Party Materials (as defined below) or any features, opportunities, or services made available through the Linked Websites. “Third Party Materials” are those items appearing in the Content or System that are owned by a third party, and for which Company has a valid license.

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Except as expressly provided in these Terms of Use, no part of the System or the Services, and no Content, materials, or other information on the System or the Services, may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or via any other medium for publication or distribution, or for any commercial enterprise without Company’s express prior written consent.

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The posting of information or other materials or Content on the System by Company does not constitute a waiver of any proprietary right in such information, materials, or Content (such as, but not limited to, copyright, patent, trademark, or other intellectual property rights) and does not transfer any rights to a user of the System or to any other third party, except as expressly provided herein.

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Intended Users

The System is available only to users who are at least 18 years old. Under no circumstances should the System be used by children under 13 years of age. The System is intended for use by providers and enrollees. By accessing and using the System, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the System will comply with and does not violate any applicable law, regulation, order or guideline. In addition, if you are a provider, by accessing and using the System you represent and warrant that (a) you are and will be for so long as you use the System duly licensed, certified, credentialed, accredited, permitted and authorized in accordance with all applicable laws and regulations to engage in your professional activities, if applicable; (b) you understand that the System is a supporting tool to be used in your professional judgment and it is not an alternative for providing your professional duties; and (c) the information made available in the System must be correlated with other clinical data as required by professional standards in your discipline. We will use commercially reasonable efforts to provide information through the App in a timely and efficient manner to comply with applicable law, and to allow enrollees and providers to utilize the System as intended. If you are an enrollee, you understand that in applicable instances where the System is configured for use as a tool to assist in your care, the System is not a replacement for advice or services provided by your provider.

 

In order to access the System via the App, you must download the App onto your smartphone. You may also access the System through the website at HealthyIsWellness.com.

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Warning-Not Complete Medical Record and Not Medical Advice

If you are an enrollee, you understand and acknowledge that the System does not contain your complete medical record. Content found on the System is for informational purposes only and is not intended to replace the relationship, if applicable, between an enrollee and his or her provider. Enrollees should never disregard professional medical advice or delay seeking medical treatment because of information they have read on or through the System. Enrollees should never change or stop any course of treatment prescribed by their physician without first consulting with him or her. Enrollees are advised that when they choose to share information with a provider, such provider may choose to rely, in part, on the accuracy of such information for purposes of providing advice or services. Accordingly, enrollees should take care, and are solely responsible, to ensure that information they upload to the system is accurate and complete.

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Company is not responsible for, and cannot guarantee the accuracy of, information that is uploaded or that enrollees enter into the System. However, Company shall maintain the security of the transfer of such data from the enrollee to the provider. Any support functionality available to providers through the System is intended for informational purposes only and is not intended to replace, when applicable, a provider’s training and experience. Providers should not rely solely on information that is collected by, accessible through or transmitted via the System for purposes of providing advice or services. Providers are fully responsible for their use of the System. Company is fully responsible for the security of the data that transfers through the System.

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Disclaimer of Warranties

Company does not promise, covenant, represent, warrant, or guarantee that you or any other user of the System will obtain any particular or tangible result or goal through the use of the System, or obtain any other product or service in connection with use of the System. It is solely your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you submit to or through the System or Company, or that you access, use, download, or otherwise obtain on or through the System or Company, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines. Because of the nature of telecommunications services, electronic communications can be delayed by circumstances outside of Company or the employer licensing the System’s control.

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THE INFORMATION, SOFTWARE, CONTENT, SERVICES, OR MATERIALS AVAILABLE FROM OR PROVIDED ON THE SYSTEM OR VIA THE SERVICES, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

 

THE COMPANY (AND OUR THIRD PARTY SUPPLIERS OR LICENSORS) AND THE EMPLOYER WHO HAS LICENSED THE SYSTEM DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SYSTEM, CONTENT OR ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SYSTEM OR THROUGH COMPANY ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM AND THE CONTENT, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SYSTEM AND THROUGH THE COMPANY ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. COMPANY PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SYSTEM AND THE SERVICES WITHOUT NOTICE. FURTHER, COMPANY AND THE EMPLOYER LICENSING THE SYSTEM EACH ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SYSTEM OR THE SERVICES. COMPANY AND THE EMPLOYER LICENSING THE SYSTEM SPECIFICALLY DISCLAIM ANY DUTY TO UPDATE THE CONTENT OR ANY OTHER INFORMATION ON THE SYSTEM.

 

Limitation of Liability

IN NO EVENT SHALL THE COMPANY, OR ITS PROVIDERS, CONTRACTORS, SUPPLIERS, AND OTHER SIMILAR ENTITIES, THE EMPLOYER LICENSING THE SYSTEM, OR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS, COST, DAMAGE, DEATH OR OTHER SERIOUS INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE SYSTEM OR THE CONTENT, MATERIALS, AND SERVICES ACCESSIBLE ON OR THROUGH THE SYSTEM OR THROUGH THE COMPANY; (B) THE USE, COPYING, OR DISPLAY OF THE SYSTEM, THE CONTENT, OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SYSTEM OVER THE INTERNET; (C) COMPANY’S PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS OF USE; (D) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOU, OTHER USERS OF THE SYSTEM, OR OTHER THIRD PARTIES; (E) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY COMPANY OR ANY THIRD PARTY; OR (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF ANY SERVICES OFFERED, MADE AVAILABLE, PROVIDED, OR ACCEPTED BY YOU OR ANY THIRD PARTY, IN CONNECTION WITH THE SYSTEM OR ITS USE. UNDER NO CIRCUMSTANCES SHALL COMPANY, OR ITS CONTRACTORS, SUPPLIERS, PROVIDERS, AND OTHER SIMILAR ENTITIES, OR THE EMPLOYER LICENSING THE SYSTEM, OR THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SYSTEM, THE SERVICES, OR ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (F) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF COMPANY, ITS PROVIDERS, OR THE EMPLOYER LICENSING THE SYSTEM, EVEN IF COMPANY OR THE EMPLOYER LICENSING THE SYSTEM WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF COMPANY AND ITS CONTRACTORS, SUPPLIERS, PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE EMPLOYER LICENSING THE SYSTEM, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.

 

WITHOUT LIMITING ANY OF THE FOREGOING, IF COMPANY, ITS CONTRACTORS, SUPPLIERS, PROVIDERS, OR OTHER SIMILAR ENTITIES, OR THE EMPLOYER LICENSING THE SYSTEM, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE, THE SYSTEM, OR THE USE OF THE SYSTEM, THE COMPANY, THE EMPLOYER LICENSING THE SYSTEM, AND SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED USD $100.

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DESCRIPTIONS OF OR REFERENCES TO PRODUCTS, SERVICES, OR PUBLICATIONS ON THE SYSTEM DO NOT IMPLY ENDORSEMENT OF THAT PRODUCT, SERVICE, OR PUBLICATION. COMPANY MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER INCLUDED HEREIN OR THE PRODUCTS LISTED HEREIN. COMPANY AND THE EMPLOYER LICENSING THE SYSTEM SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESSED, IMPLIED, OR OTHERWISE.

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The Company reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the System, or any portion of the System, for any reason; (ii) modify or change the System, or any portion of the System, and any applicable policies or terms; and (iii) interrupt the operation of the System, or any portion of the System, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.

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Indemnification

You agree to indemnify, defend and hold the Company and the employer licensing the System harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including attorneys’ fees), brought by any third party in connection with or arising out of content, data, or information that you submit, post to, or transmit through the System or Company, your access to and use of the Content, the System, and other materials, products, and services available on or through the System and Company, your violation of these Terms of Use, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Use.

 

Typographical Errors

The System could include technical inaccuracies or typographical errors. Neither Company nor the employer licensing the System shall have any liability in connection with any such inaccuracies or errors, nor shall Company or the employer licensing the System have any obligation to identify or correct any such inaccuracies or errors.

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Viruses

All responsibility or liability for any damages caused by viruses, malware, disabling or malicious code contained within the electronic files or on the System is disclaimed.

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Links to Other Websites

For your convenience, certain hyperlinks may be provided on the System that link to other websites which are not under the control of Company (the “Linked Websites”). Company does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. Company disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other websites and any purchases of products or services from such other websites are subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against Company arising from or based upon any such use of other websites (including the Linked Websites). Hyperlinks to such Linked Websites on the System do not imply that: (a) Company is affiliated or associated with any Linked Website; (b) Company is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Site is authorized to use any trademark, trade name, logo, or copyright symbol of Company.

 

General

These Terms of Use and the Privacy Policy referenced herein (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the System and the Content. You agree that you shall not contest the admissibility or enforceability of Company’s copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use. Except as expressly provided for herein, these Terms of Use do not confer any rights, remedies, or benefits upon any person or entity other than you and Company. Company may assign its rights and duties under these Terms of Use at any time to any third party without notice. You may not assign these Terms of Use without the prior written consent of Company. These Terms of Use shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. You are responsible for complying with any and all laws of the jurisdiction from which you are accessing the System and any other jurisdiction whose laws apply to you or your actions. You agree that you will not access or use the System, the Content, or any other information or materials on the System in violation of these laws or these Terms of Use.

 

To the extent any portion of these Terms of Use shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect. Any waiver of any provisions contained in these Terms of Use by Company shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use. Any rights not expressly granted herein are reserved.

 

You agree that any violation, or threatened violation, by you of these Terms of Use, or the referenced Privacy Policy, constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

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Jurisdiction

The System is maintained, operated, and controlled by Company in the State of Montana. These Terms of Use shall be governed by and construed under the laws of the State of Montana, without regard to conflicts of laws, principles or rules. The System is intended to be used only by individuals within the United States, who are residents of the United States and not residents of any other country. IF YOU ARE LOCATED OUTSIDE OF THE UNITED STATES, OR ARE A RESIDENT OF A COUNTRY OTHER THAN THE UNITED STATES, DO NOT USE THE SYSTEM. Any legal action brought by you that arises out of or relates to these Terms of Use or your access to and use of the System or the Content must be commenced within one year after the cause of action arises. You hereby expressly consent and irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in Gallatin County, Montana for resolution of any matters related to interpretation, construction, or enforcement of these Terms of Use or otherwise in connection with these Terms of Use, the Privacy Policy referenced herein, or otherwise related to or in connection with your access to and use of the System, the Content, and the materials, products, and services available on or through the System or through Company. You further expressly waive any claim that venue is improper for any reason in these courts.

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Contact Company about our Terms of Use and Privacy Policy

If you have any questions or concerns about these Terms of Use or other Company policies relating to use of the System, please contact us at legal@HealthyIsWellness.com or at the address below:

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Healthy Is Wellness, LLC
555 Zoot Enterprises Lane
Bozeman, MT 59718

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These Terms of Use were last updated and posted on January 27, 2021