Effective date: November 23, 2019
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service.
NO MEDICAL ADVICE
The contents of the Service are for informational purposes only and are NOT a substitute for professional medical advice, diagnosis, treatment or substitute for a formal medical consultation. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. We cannot provide specific advice or opinions regarding your diagnosis, treatment, or specific protocols or prescribing information on the Service. You should always consult your physician regarding the specifics of your case. Nothing contained in this Service, including the questions and answers posted, is intended to be medical advice, diagnosis or treatment. Reliance on any information provided by Company is solely at your own risk. The Service may contain health or medical related materials which you may find to be sexually explicit or otherwise offensive. No representation or warranty is made, either expressly or tacitly, for the accuracy, completeness, usefulness, timeliness, reliability, or adequacy of any resources, information, apparatus, product, or process available at or from this Service. Any transmission of information from this Service to you is neither intended to create nor does it create a physician patient relationship between you and Company or any Company physician.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to; product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Challenges and Promotions
Any contests, challenges or other promotions (collectively, “Promotions”) made available through the Service shall be governed by the Contest Rules set forth in Exhibit A, which is attached hereto and incorporated by this reference.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
If you are creating an account using validation from a supported 3rd party wellness program, your access to the Service and account is dependent on valid authentication from that 3rd party, and the availability of the wellness program. Inaccurate, incomplete, or obsolete information related to the 3rd party wellness program and/or termination of the wellness program may result in the immediate termination of your account on the Service. Additionally, you are subject to the Terms of this Service in addition to any Terms of said 3rd party wellness program. The Terms of the 3rd party wellness program will supersede these Terms should any differences arise.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your mobile device(s) and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content, features and functionality are and will remain the exclusive property of Stayhealthy, Inc. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Stayhealthy, Inc.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your user name or account. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you
USE OF CONTENT
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Stayhealthy, Inc.
Stayhealthy, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Stayhealthy, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Stayhealthy, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation of Liability
In no event shall Stayhealthy, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Stayhealthy, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
The use of Service and/or Product may involve unanticipated risks that could result in physical or emotional injury or other damage. You understand that such potential risks simply cannot be eliminated without jeopardizing the essential qualities of the Service and/or Product. Stayhealthy, Inc. seeks to create a safe environment, but the Service and/or Product is not infallible. Your participation and use of the Service and/or Product is voluntary and you elect to participate in spite of the risks.
Under no circumstances will Stayhealthy, Inc., its subsidiaries, affiliates, and its licensors be liable for any indirect, incidental, special, consequential or exemplary damages arising from or relating to the use of this Service and/or Product. You hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless and to waive any and all claims, demands or cases of action that you have or may have in the future against Stayhealthy, Inc. and to release it from any and all liability from any loss, damage or injury that you or another person may suffer relating to the use of this Service and/or Product.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days of notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us via our website at www.stayhealthy.com.
The Company welcomes feedback, comments and suggestions for improvements to the Service (“Feedback”). You grant to the Company a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit any Feedback you provide to the Company for any purpose
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SERVICE AVAILABLE â€œAS ISâ€ WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICE OR THE SERVICE. THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SERVICE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS INCLUDING ERRORS OR OMISSIONS), CURRENTNESS OR TIMELINESS OF THE CONTENT, TEXT, GRAPHICS, LINKS OR COMMUNICATIONS PROVIDED ON OR THROUGH USE OF THE SERVICE.
COMPANY’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BYÂ COMPANY. COMPANY SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED US$1,000. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
AFFILIATED SITES. Company has no control over, and no liability for any third-party websites or materials. Company works with a number of partners and affiliates whose websites may be linked with the Service. Because neither Company nor the Service has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Service, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content.
Company imposes certain restrictions on your permissible use of the Service. You are prohibited from violating or attempting to violate any security features of the Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Service, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing;” (d) using the Service to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Service; or (f) attempting to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Service. Any violation of system or network security may subject you to civil and/or criminal liability
CLASS ACTION WAIVER
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Company will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceeding.
CALIFORNIA USE ONLY
The Service is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Service should not be construed as Companyâ€™s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
- Eligibility: The contest (“Challenge”) is sponsored by Company, and is only open to individuals who are legal residents of one (1) of the fifty (50) United States, the District of Columbia, or a United States territory, are at least eighteen (18) years of age or older at the time of entry and are registered account users of the Service. Eligibility to the Challenge is void where prohibited by law. Employees of Company and their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Challenge. The Challenge is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
- Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Company, as final and binding as it relates to the content. The Challenge is subject to all applicable federal, state and local laws.
- Challenge Period: The duration of each Challenge period will variable and specified in the Service. Winners will be selected and notified within 48 hours after the end of the Challenge period.
- How to Enter: All users that are registered account users of the Service and have access to the Rewards module within the app will automatically be eligible to win the Challenge prizes. Ability to win prizes is also determined by number of points collected by the user. Points are collected when the user uses the Service, and is visible in the top-right corner of the Service interface. No additional action is needed to enter the Challenge – signing up with an account to use the Service and having appropriate points is the only requirement for Challenge eligibility.
- Prizes: The prizes available for each Challenge period will vary and will be displayed within the “Rewards” section of the Service. Total retail value of prizes will not exceed $500 per Challenge period. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Company. No cash or other prize substitution permitted except at Company’s discretion. The prize is non-transferable. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for Company to use winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
- Odds:The odds of winning depend on the number of eligible users each period and accumulated points.
- Winner selection and notification: Winners of the Challenge will be selected in a random drawing under the supervision of the Company. Winners will be notified via email to the email address used for the Service account registration with within five (5) days following the winner selection. Company shall have no liability for a winner’s failure to receive notices due to winners’ spam, junk e-mail or other security settings or for winners’ provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 15 days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited, and an alternate winner selected.
The receipt by winner of the prize offered in this Challenge is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT COMPANY’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE CHALLENGE AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
- Rights Granted by you: By entering this contest you understand that Company, anyone acting on behalf of Company, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner’s name, portrait, picture, voice, likeness, image or statements about the Challenge, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
- Terms: Company reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Challenge should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Challenge. In such case, Company may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by Company. Company reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Challenge or website or violates these Terms.
Company has the right, in its sole discretion, to maintain the integrity of the Challenge, to void votes for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by contest rules; or the use of bots, macros or scripts or other technical means for entering.
Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Challenge may be a violation of criminal and civil laws and should such an attempt be made, Company reserves the right to seek damages from any such person to the fullest extent permitted by law.
- Limitation of Liability: By entering you agree to release and hold harmless Company and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the Challenge and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
- Disputes: THIS CHALLENGE IS GOVERNED BY THE LAWS OF UNITED STATES AND CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Challenge, participant agrees that any and all disputes which cannot be resolved between the parties and causes of action arising out of or connected with this Challenge, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Los Angeles, California having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Challenge), and participant further waives all rights to have damages multiplied or increased.
- Winners List: The first name and last initial of winner(s) may be posted on the Service or Stayhealthy Website for a period of up to six (6) months after the end of the Challenge Period.