This Application End User License Agreement ("Agreement") sets forth a legally binding agreement between you and Healthy Interactions LP ("HI"). Please read this Agreement carefully before using this application (the "Application"). If you do not agree to the terms contained in this Agreement, then you may not use the Application. Your use of the Application constitutes your acknowledgement that you have the legal authority to bind yourself or any party you represent to, and your acceptance of, this Agreement. You acknowledge that you have read and agree to be bound by the terms of this Agreement and to comply with all applicable laws, regulations, and/or rules with regard to your use of the Application.
From time to time we may update this Application and the terms of this Agreement. Your use of this Application after we post any changes to this Agreement constitutes your agreement to those changes. You agree to review this Agreement periodically to ensure that you are familiar with the most recent version. HI may, in its sole discretion, and at any time, discontinue this Application or any part thereof, with or without notice, or may prevent your use of this Application with or without notice to you. You agree that you do not have any rights in this Application and HI will have no liability to you if this Application is discontinued or your ability to access the Application is terminated.
"Company" or the terms "we" or "us" refer to Healthy Interactions LP. "You" or "your" refer to you as a user of the Application. "Services" refers to HI's mobile-based programs for changing behaviors that otherwise have been shown to lead to health problems. These Services may include health coaching, goal tracking, group forums and education to individuals who may benefit from the use of such services.
YOU MAY NOT USE THE APPLICATION FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT. YOUR ACCESS TO THE APPLICATION MAY BE TERMINATED IMMEDIATELY IN OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR FOR NO REASON.
YOU AGREE THAT THE SOFTWARE IS NOT INTENDED TO BE USED FOR MEDICAL EMERGENCIES, SELF-DIAGNOSIS OR TREATMENT OF MEDICAL CONDITIONS.
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER REGARDING A MEDICAL CONDITION OR TREATMENT. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
The Application, which includes, without limitation, software, code, ﬁles, images (all either contained in or generated by the software), accompanying data, Boot ROM code, and other embedded software), Application Updates (as deﬁned below), documentation, and any accompanying fonts, whether in read-only memory, on any other media or in any other form is provided to you by HI under a license to use and subject to the terms of this Agreement. No rights of ownership are given to you. HI, owns full and complete title, and HI reserves all rights not expressly granted to you.
With the license to use this software, you:
Your rights under this Agreement will terminate automatically without notice from HI, if you fail to comply with any term(s) of this Agreement. Upon the termination of this Agreement, you agree that you shall cease all use of the Application.
In order to receive our Services, you must register as more fully described below in the section entitled "Registration". The Services are available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract and are at least 18 years old, and that all registration information you submit is accurate and truthful.
Company may, in its sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
If you download and/or use the Apple iPhone version of the Application: You, the end-user of this Application, acknowledge that this Agreement is entered into by and between HI and you and not between Apple, Inc. (hereinafter “Apple). Apple is not responsible for the Application and/or its content. Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third-party beneﬁciaries of this Agreement and that Apple has the right (and is deemed to have accepted the right) to enforce this Agreement. You acknowledge that Apple has no obligation whatsoever to maintain or support the Application. You acknowledge that you have reviewed the App Store Terms and Conditions (http://www.apple.com/legal/itunes/us/terms.html#APPS).
This Agreement incorporates by reference the Licensed Application End User License Agreement (http://www.apple.com/legal/itunes/appstore/dev/stdeula/) (the "LAEULA") published by Apple, Inc. For purposes of this Agreement, the Application is considered the "Licensed Application" as deﬁned in the LAEULA and HI is considered the "Application Provider" as deﬁned in the LAEULA. If any terms of this Agreement conﬂict with the terms of the LAEULA, the terms of this Agreement shall control. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Application (including, without limitation, a third-party claim that the Application infringes that third party's intellectual property rights) or your use or possession of the Application, including but not limited to:
Regarding Amazon, "Alexa" means their Alexa Voice Service which includes third party services (like our skills) and other related Software.
If you are a trademark or copyright owner and you believe that your copyright or trademark rights have been violated by HI, please contact the Company using the contact information provided in the section titled "General Information".
TTHE SERVICES DO NOT INCLUDE THE PROVISION OF MEDICAL CARE BY THE COMPANY. RATHER, THE SERVICES ENABLE REGISTERED USERS TO REMOTELY ACCESS HEALTH EDUCATION TOOLS AND RESOURCES, POSSIBLY INCLUDING A HEALTH EDUCATOR, WHO MAY PROVIDE YOU WITH LIMITED VIDEO- OR MESSAGING-BASED SUPPORT.
YOU SHOULD NEVER MAKE ANY HEALTH CARE CHANGES, NOR CHANGES TO EATING HABITS AND/OR PHYSICAL ACTIVITY WITHOUT FIRST CONTACTING YOUR DOCTOR OR OTHER HEALTHCARE PROVIDER.
THE COMPANY DOES NOT EMPLOY OR CONTRACT WITH PHYSICIANS TO PROVIDE MEDICAL CARE TO YOU. TO THE EXTENT YOU RECEIVE MEDICAL CARE CONSEQUENT TO THE SERVICES, YOUR TREATING MEDICAL PROFESSIONAL IS RESPONSIBLE FOR OBTAINING YOUR INFORMED CONSENT TO RENDER ANY MEDICAL DIAGNOSIS OR TREATMENT, INCLUDING WITHOUT LIMITATION, YOUR CONSENT TO USE TELEMEDICINE IN THE COURSE OF YOUR TREATMENT TO THE EXTENT SUCH CONSENT IS REQUIRED BY APPLICABLE STATE LAW.
COMPANY DOES NOT OFFER MEDICAL ADVICE OR DIAGNOSES OR ENGAGE IN THE PRACTICE OF MEDICINE. OUR SERVICES ARE NOT INTENDED TO BE, AND DO NOT CONSTITUTE, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT AND ARE OFFERED FOR INFORMATIONAL PURPOSES ONLY.
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS REGARDING YOUR MEDICAL CONDITION OR THE USE (OR FREQUENCY) OF ANY MEDICATION OR MEDICAL DEVICE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH OUR SERVICES. NONE OF THE INFORMATION ON THE SITES REPRESENTS OR WARRANTS THAT ANY PARTICULAR DRUG OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU.
THE SITES AND SERVICES ARE FOR NON-EMERGENCY PURPOSES ONLY. DO NOT ATTEMPT TO ACCESS EMERGENCY CARE THROUGH THE SITES OR THE SERVICES. IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, OR IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN MEDICAL EMERGENCY FACILITY. THE SERVICES ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY OR TIME-CRITICAL CALLS OR COMMUNICATIONS TO ANY TYPE OF HOSPITAL, LAW ENFORCEMENT AGENCY, MEDICAL CARE UNIT, OR ANY OTHER KIND OF EMERGENCY OR TIME-CRITICAL SERVICE.
Certain areas of the Application may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Application or any features at all.
You understand that certain offers, services and features that may be available on the Application may be subject to additional specific terms and conditions. In the event of any conflict between this Agreement and any such specific terms and conditions, the specific terms and conditions will control.
If the Application requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility.
HI may make available for download certain Application updates or upgrades to the Application to update, enhance, or further develop the Application ("Application Updates"). The license granted herein allows you to download and use the Application Updates to update the Application on any device that you own or control. This Agreement does not allow you to update devices that you do not own or control, and you may not make the Application Updates available over a network where it could be used by multiple devices or multiple computers at the same time. You may not make any copies of the Application Updates, unless such copy is authorized in writing by HI.
Except as, and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the Application, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, Application Updates, or any part thereof. Any attempt to do so is a violation of the rights of HI and its licensors of the Application and Application Updates. By storing content on your device, you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder. The Application and Application Updates may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.
HI may, at its discretion, automatically upload Application Updates to your device. You agree to accept these Application Updates, and to pay for any costs associated with receiving them. The Application and Application Updates are subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Application and Application Updates. These laws include restrictions on destinations, end users, and end use.
The following requirements apply to your use of the Application:
PLEASE NOTE: Your educator(s), coach(es) and/or their support team(s) can participate in direct communication with you via messaging functionality in the Application. Additionally, HI employees may participate in any forum or community features in the Application. Where applicable, each will be identified and distinguished within the Application, so you know who is supplying the information.
The use of the Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service providers; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You are required to send and receive, at your cost, electronic communications related to the Application, including without limitation, administrative messages, service announcements, diagnostic data reports, and Application Updates, from HI, your mobile carrier or third-party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Application, including but not limited to payment of all third-party fees associated therewith, including fees for information sent to or through the Application.
The Application may not work with all devices or all mobile carriers. HI makes no representations that the Application will be compatible with all devices or the services provided by all mobile carriers. In the event that fees are charged for the Application, or other third-party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to diﬀerent or additional terms (including fees), which you will be required to agree to prior to your use of such products or services.
As a condition to using certain aspects of the Services, you will be required to register with Company and select a password and screen name ("Company User ID"). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Company account. You shall not (a) select or use as a Company User ID a name of another person with the intent to impersonate that person; (b) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization; or (c) use as a Company User ID a name that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration of, or cancel a Company User ID in its sole discretion.
You are solely responsible for activity that occurs on your account and you are responsible for maintaining the confidentiality of your Company password. You may never use another user's account without such other user's express permission. You will immediately notify Company in writing of any unauthorized use of your account, or other account-related security breach of which you are aware.
There are a number of trademarks, logos, service marks, slogans, product names and designations, and other proprietary indicia (collectively "Trademarks") used in the Application and in the content. By making these Trademarks available through the Application and in the content, HI is not granting you a license to use them in any fashion, and you are not granted any license under any of HI's or any third party's Trademarks or other intellectual property rights, except as specifically set forth in this Agreement. No HI Trademarks may be used as a username, icon, identifier, hyperlink, or in any other manner without HI's prior written permission.
The Application, content, and the selection, coordination, and arrangement thereof, is owned either by HI, or its respective licensors. The unauthorized copying, displaying, selling, distributing, or other use of any content or Application is a violation of the law. You acknowledge having been advised by HI that the content and Application is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws, and other intellectual property and proprietary rights laws.
HI and its parents, subsidiaries, officers, directors, employees, and website contractors and each of their officers, directors, employees, and agents (collectively, "HI Affiliates") make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness, or adequacy of any information, facts, views, opinions, statements, or recommendations contained on the Application. Reference to any product, process, publication, or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer, or otherwise does not constitute or imply its endorsement or recommendation by HI or the HI Affiliates.
HI and the HI Affiliates are not responsible for any resulting damage to any user's device or computer from any virus, bug, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure, or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure and you should consider this before e-mailing HI or the HI Affiliates any information or posting information to the Application. HI and the HI Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability, or operation of the Application. This Application may be temporarily unavailable at any time due to maintenance or malfunction of computer equipment.
THE APPLICATION (INCLUDING ALL APPLICATION UPDATES) AND THE CONTENT ARE MADE AVAILABLE ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. HI AND THE HI AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE APPLICATION AND THE CONTENT. HI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED, PROVIDED, OR ENABLED BY OR THROUGH THE APPLICATION (INCLUDING ANY APPLICATION UPDATES) WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION, (INCLUDING ANY APPLICATION UPDATES) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION (INCLUDING ANY APPLICATION UPDATES) WILL BE CORRECTED. No oral or written information or advice given by HI or an authorized representative shall be deemed to alter this disclaimer of warranty, or to create any warranty. Should the Application prove defective, you assume the entire cost of all necessary servicing, repair or correction.
YOU AGREE THAT HI AND THE HI AFFILIATES ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING IN ANY WAY FROM OR IN CONNECTION WITH:
THE APPLICATION MAY CONTAIN FACTS, OPINIONS, VIEWS, STATEMENTS, AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS THAT MAY OR NOT BE EXPRESSLY ENDORSED BY HI AND/OR AFFILIATES.
HI DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS, OR RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE APPLICATION.
YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS, OR RECOMMENDATIONS IS AT YOUR SOLE RISK. IN NO EVENT WILL HI OR THE HI AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
BY ACCESSING THIS APPLICATION, REGISTERING WITH THE APPLICATION, AND/OR ACCEPTING ANY INFORMATION FROM THIS APPLICATION YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HI AND THE HI AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO:
YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN HI'S DEFENSE OF ANY CLAIM. HI 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 HI.
The Application may provide connectivity or links to third-party services, websites, applications, software, and other content from third-party providers such as social media partners, wireless carriers, and third-party software application developers ("Third-Party Services"). The Application may allow you to add/conﬁgure certain Third-Party Services to your device. The Application may also permit you to login to the Application through a Facebook or other social media account. HI has no control over, makes no representations or warranties whatsoever about any of the Third-Party Services that you may access, is not responsible for the availability of such Third-Party Services, and does not endorse nor is it responsible or liable for any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, of those third parties.
If you use Third-Party Services, you agree that you are aware that account and other personal information held by those third parties may be transmitted through and stored on HI servers and/or applications located in the United States and elsewhere. You understand and agree that the companies that provide the Third- Party Services may access, use and share certain information about you, if you use the Third-Party Services. You understand and agree HI is not responsible for these companies, or their use of any other of your information. Your use of the Third-Party Services is at your own risk.
Company may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Application. Upon termination of your right to use our Services or sites or our termination of the Services or sites, all licenses and other rights granted to you by these Terms will immediately terminate.
If you wish to terminate your account, you may do so by following the instructions on the sites. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
This Agreement constitutes the entire agreement between you and HI governing your use of the Application, superseding any prior agreements between you and HI relating to your use of the foregoing. You may also be subject to additional terms and conditions (including, but not limited to, terms and conditions from your wireless carrier or other providers) that may apply to your use of the Application. If any provision of this Agreement is held to be invalid by any law, rule, order, or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Agreement. The failure of HI to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
By using the Application, you agree that the statutes and laws of the United States and the State of Illinois, without regard to conflicts of laws principles, will apply to all matters relating to use of the Application and the Services, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in Illinois. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Application or this Agreement must be filed within one (1) year after you knew or should have known that such claim or cause of action arose or be forever barred. You further agree that any disputes, claims, and causes of action arising out of or connected with the Application and/or this Agreement, will be resolved individually, without resort to any form of class action.
The section titles in this Agreement are for convenience only and have no legal or contractual effect
You acknowledge and agree that your use of the Application may involve you providing an "electronic signature" indicating your desire to use the Application. Your "electronic signature" indicates your acceptance of this Agreement, and your consent to receive communications about this Agreement electronically. If you wish to receive communications in another manner, you may contact us at email@example.com (mailto:firstname.lastname@example.org) to change your communication preferences. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S. embargoed countries, or a country that has been designated by the U.S. Government as a "terrorist supporting country" or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Application for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missiles, or chemical or biological weapons.
The Application is provided pursuant to this Agreement. In the event of a complaint or concern regarding this Agreement or the Application, or for more information, please contact Healthy Interactions at email@example.com, or at the following address:
Healthy Interactions LP c/o Customer Support
222 W. Merchandise Mart Plaza, Suite 1230
Chicago, IL 60654
Both you and HI acknowledge and agree that no partnership is formed and neither of you nor HI has the power or the authority to obligate or bind the other.
The failure of HI to comply with this Agreement because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities, or for any other reason beyond the reasonable control of HI, shall not be deemed a breach of this Agreement.
This Agreement constitutes a binding agreement between you and HI, and is accepted by you upon your use of the Application. This Agreement constitutes the entire agreement between you and HI regarding the use of the Application.
*** YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. ***