PLEASE REVIEW THESE TERMS AND CONDITIONS (THIS "AGREEMENT") CAREFULLY. UPON YOUR ACCEPTANCE, THEY WILL CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU ("USER") AND EHOP Health ("WE", "US").
Introduction: At EHOP Health, we are committed to helping you Feel Your Best™. We understand the importance of healthy lifestyles for you and the ones you love. We want you to have resources to track your own health conditions and EHOP Health is committed to bringing you information that will help you find your pathway to better health. While we attempt to ensure the accuracy of the information provided on the EHOP Health website (the "Site"), we cannot guarantee that it is always correct or up-to-date. The Site and Services (as defined below) provided by EHOP Health are designed for informational and entertainment purposes only. Please do not rely on this Site or Services to make lifestyle, provider or medical decisions. These decisions are personal to you and should be made in consultation with your individual healthcare providers. EHOP Health does not dispense medical, diagnosis or treatment advice.
By using this Site, you are agreeing to legally bind yourself to these Terms of Service.
References in these Terms of Service to "we", "us" or "our" are references to EHOP Health. We also refer to ourselves in these Terms of Service as "EHOP Health". Any references to "you" or "your" in these Terms of Service will mean the person (whether an individual or entity) using this Site, including the person’s heirs, assigns or dependents, for any of the Services that are offered through the Site, including without limitation individuals making benefits elections for themselves or their dependents. If you accept these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
BY USING THE SITE OR ANY OF THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU ARE NOT AUTHORIZED TO USE THIS SITE IN ANY WAY.
- Services. During the term of this Agreement and subject to the terms and conditions set forth herein and any guidelines, rules or operating policies (collectively, the "Policies") that we may establish and post from time to time on teamfms.com (the "Site"), upon acceptance of this Agreement, User will have the right to access and use those tools, services and applications hosted on the Sites (the "Services"). From time to time, we may modify any term or condition set forth in this Agreement and/or the Policies. All such changes shall become effective upon posting of the revised Agreement and/or Policies, as the case may be, on the Sites, and User's use of the Services thereafter shall be subject thereto.
- Mobile applications we make available may also be governed by specific terms distributed with such applications. If there is any conflict between the Terms of Service and the Additional Terms for any Service, the Additional Terms will control with respect to that Service (but all other provisions in the Terms of Service that are not in conflict will apply). All applicable Additional Terms are incorporated herein by reference.
- We Do Not Provide Medical Advice; Talk with your Doctor. EHOP HEALTH DOES NOT DISPENSE MEDICAL, DIAGNOSIS OR TREATMENT ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE OR BECAUSE OF A SERVICE THAT YOU HAVE USED. THE INFORMATION AND SERVICES MADE AVAILABLE ON THIS SITE ARE FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND ARE NOT (AND SHOULD NOT BE USED AS) A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, TREATMENT OR DIAGNOSIS. You should not rely on this Site or any Services to make lifestyle, medical or healthcare provider decisions. These decisions are personal to you and should only be made in consultation with your healthcare providers. Always seek advice of a qualified medical provider with any questions you may have about your health and before undertaking or changing an exercise regimen, diet, or course of medical treatment, accessing a health-related resource or program, or engaging in any physical activity or diet related to the games, challenges, or other tools or features available through the Services. Nothing stated or posted on this Site or available through any Services is intended or should be taken to be the practice of medical or counseling care. For purposes of these Terms of Service, the practice of medical or counseling care includes, without limitation, psychiatry, psychology, medical, nursing, or professional healthcare advice or services, or the practice of medicine, nursing, or professional healthcare, psychotherapy, or providing healthcare treatment, instructions, diagnosis, prognosis or advice. None of the information on this website or through the Services is a representation or warranty that any particular drug or treatment is safe, appropriate or effective for you, or that any particular healthcare provider is appropriate for you. You should confirm all healthcare-related information with your healthcare professionals before making healthcare-related decisions.
- No Physician-Patient Relationship is Established: No Endorsements. Your use of this Site or the Services does not create in any way a physician-patient relationship, any sort of confidential, fiduciary or professional relationship, or any other special relationship that would give rise to any duties on our part. We do not recommend or endorse any specific tests, healthcare providers, procedures, treatments or opinions, or other information that may appear on the Site or through the Services. If you rely on any of the information provided by this Site or through the Services, or by EHOP Health's employees, or its guests or visitors, you do so solely at your own risk.
- Passwords. In connection with our provision to User of the Services, we will send to User's designated email address of record in User’s account information such as user-IDs and/or passwords which will enable User to access the Content (as defined below) (the "Passwords"). User agrees to maintain the Passwords and access instructions in strict confidence and not to provide the Passwords to any third party. User will notify us promptly upon the loss or compromise of any Passwords and User will be solely responsible for all actions and fees incurred as a result of such use of the Passwords. Any unauthorized use of the Passwords by User will constitute a material breach of this Agreement.
- Proprietary Rights. This is an agreement for services and User is not granted any license hereunder. Functional Movement Screen™ and FMS™ are trademarks of Functional Movement Systems, Inc. All software embedded in the Services, and all data, information, characters, "look and feel," logos, other brand components, and content posted on the Sites by us (collectively, the "Content"), and the Services are and shall remain the sole and exclusive property of EHOP Health. Accordingly, User acknowledges that we own all right, title and interest in and to the Content and the Services, including, without limitation, all patent rights, copyrights, trademark rights, trade secret rights, and all other intellectual property and other rights pertaining thereto. Except as expressly granted in this Agreement, User will not have or acquire any rights or interest in or to the Content or the Services. User acknowledges that the Content contains proprietary information and trade secrets of us. User will not take any actions inconsistent with our ownership of each of its rights in and to the Content. User agrees that User will not directly or indirectly: (i) assign, distribute, license, sublicense, transfer, sell, rent, lease, time share, grant a security interest in, or otherwise transfer any rights in or to the Content, or make the Content available to third parties; (ii) modify, translate, reverse engineer, decompile or disassemble the Content for any purpose, including without limitation, the creation of derivative works or similar products; (iii) upload, link to or post any portion of the Content on a bulletin board, intranet, extranet or web site; or (iv) use or distribute the Content in violation of any applicable laws, regulations or export restrictions. All rights in the Content not explicitly granted herein, are reserved by us.
- Your Feedback. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Site or the Services (collectively "Feedback"), you agree such Feedback constitutes "EHOP Health Property" under these Terms and Conditions, that we may use and disclose the Feedback in any way we choose (including but not limited to modifying our Site and/or Services, or creating new Services), and that you will not be due any compensation for any such use. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate written agreement with you that provides otherwise.
- General Practices Regarding Use and Storage. You acknowledge that EHOP Health may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on EHOP Health’s servers on your behalf. You agree that EHOP Health has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that EHOP Health reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that EHOP Health reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
- Representation, Warranties and Covenants. User represents, warrants and covenants to us that: (i) User is at least eighteen (18) years old; (ii) all information provided by him/her in connection with his/her registration for, and use of, the Service, is and will be truthful and accurate; and (iii) his/her use of the Services is and will at all times be in accordance with the terms and conditions of this Agreement, the Policies and all applicable laws, rules and regulations, and without infringement or misappropriation of any intellectual property or other right of a third party.
- Indemnification. At its sole cost and expense, User agrees to indemnify, defend and hold harmless us and our affiliates, officers, directors, members, managers, employees, consultants, representatives and agents from any and all claims, liability, causes of action, suits, damages and/or costs (including, but not limited to, reasonable attorneys' fees) arising from: (i) User's negligence or intentional misconduct; (ii) User's breach of any of its representations or warranties, or of any term, condition or covenant set forth herein; (iii), or User's infringement of any intellectual property rights or privacy rights of any person or entity.
- Disclaimer of Warranties. The Services and the Content are provided "as is" and without warranty of any kind. We and our suppliers make no express or implied warranties or guarantees about the Services. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SITE, THE SERVICES, OR ANY INFORMATION CONTAINED IN THE SITE OR SERVICES, IS ACCURATE OR UP-TO-DATE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THIS SITE WILL BE EFFECTIVE, RELIABLE, OR MEET YOUR REQUIREMENTS, OR THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND ANY SERVICES, AND ANY SERVICES, MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES, OR USE OF RESOURCES OR PARTICIPATION IN ANY PROGRAMS OR ACTIVITIES ACCESSIBLE THROUGH OR IN CONNECTION WITH THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTERS OR MOBILE DEVICES AND ANY LOSS OF DATA THAT RESULTS THEREFROM. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY US SHALL CREATE A WARRANTY NOT EXPRESSLY SET FORTH HEREIN.
- Limitation of Liability. YOU AGREE THAT OUR (AND OUR AFFILIATES', SUBSIDIARIES’, EMPLOYEES’, MEMBERS’, SHAREHOLDERS’, OFFICERS’, DIRECTORS’, AGENTS’, PREDECESSORS’ IN INTEREST, SUCCESSORS’ IN INTEREST, PARTNERS’, CLIENTS’, CUSTOMERS’, AND VENDORS') (COLLECTIVELY, “EHOP HEALTH RELEASED PARTIES”) ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO YOUR USE OF THE SITE OR ANY SERVICES, AND/OR FOR ANY BREACH OF THESE TERMS OF SERVICE, IS SOLELY LIMITED TO THE GREATER OF (I) THE TOTAL AMOUNT OF SERVICE FEES, IF ANY, THAT YOU PAID TO US WITHIN THE LAST 12 MONTHS FOR THE SPECIFIC SERVICE AT ISSUE, OR (II) $50. YOU AGREE THAT THE EHOP HEALTH RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, or PUNITIVE DAMAGES ARISING FROM YOUR USE OF, OR RELIANCE ON, THE SITE OR THE SERVICES, OR MATERIALS CONTAINED IN THE SITE OR SERVICES, OR YOUR INABILITY TO USE THE SITE OR SERVICES, OR ANY BREACH OF THESE TERMS OF SERVICE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, AND LOSS OF GOODWILL, EVEN IF ANY OF THE EHOP HEALTH RELEASED PARTIES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE FOUND TO BE UNENFORCEABLE, THE EHOP HEALTH RELEASED PARTIES’ LIABILITYSHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- WITHOUT LIMITING THE FOREGOING, THE EHOP HEALTH RELEASED PARTIES DISCLAIM, AND YOU AGREE THAT NONE OF US SHALL BE LIABLE FOR, ANY LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO: (A) YOUR INABILITY TO ACCESS OR USE THE SITE OR ANY SERVICES OR THE COST OF PROCUREMENT OF SUBSTITUTE GOOD AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (B) ACTS OR CIRCUMSTANCES OUTSIDE OF OUR REASONABLE CONTROL; (C) THE UNAUTHORIZED USE OR MISUSE OF YOUR USER ID OR OTHER ACCESS CREDENTIALS OR THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY INFORMATION OR MATERIALS ON THE SITE OR CONTAINED WITHIN A SERVICE, INCLUDING WITHOUT LIMITATION STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (E) THE DELETION, CORRUPTION, ALTERATION, OR LOSS OF ANY DATA OR OTHER INFORMATION; (F) THE INTERRUPTION OF, OR OTHER HARM TO, YOUR COMPUTERS, MOBILE DEVICES OR ANY OTHER EQUIPMENT USED TO ACCESS THE SITE AND/OR SERVICES; (G) YOUR INTERACTIONS WITH, OR CONTENT PROVIDED BY, AN ADVERTISER OR ANY OTHER THIRD PARTY OR USER, (H) YOUR ENGAGING IN ANY PHYSICAL ACTIVITY OR DIET IN CONNECTION WITH YOUR USE OF THE TOOLS AND FEATURES OF THE SITE OR SERVICES (SUCH AS ENGAGING IN CHALLENGES, GAMES OR GOAL-SETTING); (I) YOUR USE OF ANY RESOURCE OR PARTICIPATION IN ANY PROGRAM ACCESSIBLE ON OR THROUGH THE SITE AND/OR SERVICES; OR (J) ANY OTHER MATTER RELATING TO THE SITE AND/OR SERVICES.
- Time Limit for Bringing Claims. YOU AGREE THAT REGARDLESS OF ANY LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS OF SERVICE, THE SITE OR ANY OF THE SERVICES, MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SUCH CLAIM SHALL BE FOREVER BARRED.
- Notices and Agreement to Be Bound by Electronic Signature. Your affirmative act of using this Site or any Services, or registering for membership, constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. To view and retain a copy of this disclosure or any information regarding your agreement to these policies, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, send an email to [insert appropriate email address] with contact information and the address for delivery.
- You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, "Notices"). You agree that we can send you electronic Notices (1) to the email address that you provided to us during registration, (2) to any email account you open with a Service, or (3) by posting the Notice on the applicable Service or otherwise through the Site. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by notifying us in writing via email to info@EHOP Health.com or as otherwise expressly provided by us in writing. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
- Termination. User acknowledges User is using the services pursuant to rights of access and use granted under an agreement between us and User’s sponsoring entity (the "Master Agreement"). This Agreement will terminate automatically upon the termination of the Master Agreement.
- Governing Law and Forum. This Agreement will be governed by the laws of the State of North Carolina, except for those conflicts of law rules thereof that would require or permit the application of the laws of another jurisdiction. The forum shall be in the Superior Court of Wake County, North Carolina.
Additional Terms for Feel Your Best Application
The following additional terms apply to your access to or use of Services that provide you with the ability to engage in activities through our Site (such as, for example, participating in challenges, tracking your progress toward achieving various goals and toward accomplishing various missions, interacting with coaches, interacting with other Users, reviewing articles and other wellness-related content, accessing resources or participating in programs made available to you, accessing your personal health record, and participating in community or group discussion forums, if made available) (collectively, the “EHOP Health Application”), and are "Additional Terms" as defined above.
Games, Challenges, and Rewards. Through the EHOP Health Application, you may have the opportunity to participate in various challenges, games and goal-setting activities, and to earn "rewards" or "coins" for achieving certain goals or completing certain challenges. If you think you might be unable to meet a goal or a challenge in the EHOP Health platform, you might qualify for an opportunity to earn the same reward offered by the goal or challenge by different means (if so, please email rewards@EHOPHealth.com with your username).
Please be careful. As mentioned above, please talk with your doctor before engaging in any physical activity, health-related program, or diet related to the tools or features of the Services. Also, please use caution when you are engaging in any activities related to the Services, such as walking, running or biking. We want you to be safe as you work to achieve your goals, and that means watching out for dangerous situations that could arise, such as vehicular traffic, other runners, other bikers, obstacles, etc.
You are using the tools and features of our EHOP Health Application at your own risk, and you agree that we are not liable for any injury you may sustain by engaging in any activity using the tools or features of our Services.
Entire Agreement. These Terms of Service, and any supplemental terms, policies, rules and guidelines posted on the Site and the Services, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable as a matter of law, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You acknowledge that we have the right hereunder to seek, at your expense, an injunction to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms of Service, shown in boldface type, are included only to help make these Terms of Service easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default.