License Grant and Intellectual Property
- THE APP IS LICENSED, NOT SOLD. Subject to all other terms and conditions of this Agreement, Company hereby grants to You a non-exclusive, non-transferable, and non-sublicensable license to use and access the App in the United States only.
- The Services contain proprietary information and material that is owned by Company and its licensors (individually and collectively, the “Licensors”), and is protected by law, such as copyright laws. You may not modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, or use or exploit the Services in any unauthorized way.
- You must access and use the Services without violating the law. If You violate the law or this Agreement, Your license and right to use the Services is automatically and immediately revoked.
Third-Party Content & Third-Party Websites
- You may submit personal information, comments, ideas, suggestions, photos, reviews and other content (the “Content”) through the App. We are not responsible for any Content you provide. Upon submission, you grant us a license to use, display or otherwise exploit the Content under a perpetual, worldwide, royalty-free, fully paid-up irrevocable right and license, which includes a right to sublicense rights of exploitation. Our rights to the Content will apply to the Content in any form or medium, whether now known or hereafter known. You understand that any information submitted through the public areas of the App will not be confidential.
- Your responses to the health questions on the App are not private. You agree that we may send the information you provide to your Employer, as indicated to us when you sign up for the App. If you change employers, you must advise us by changing the “Employer” in Settings.
- As between You and Us, You have complete responsibility for any claim related to illegal use, delivery, display, or similar exploitation of any Content. If notified that Content does not conform to these Terms, we may investigate the allegation and determine in our sole discretion to edit, remove, request the removal of, or take other action with respect to the Content. We have no liability or responsibility to you and other users regarding the Content or our decision with respect to the Content.
- You represent and warrant to us that (i) you have all right and authority necessary to grant us the rights that you purport to grant in these Terms; (ii) Content you provide is accurate and not misleading; and that (iii) Content you provide is not illegal, obscene, vulgar, harassing, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses or other malicious code, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
- Knowingly provide false health information;
- Interfere with, breach or abuse the security measures implemented to protect the Services, the information available through the Services, and/or the resources used to provide the Services;
- Disrupt or interfere with the operation of the Services;
- Transmit to or through the App any virus, trojan horse, worm, or similarly harmful, disruptive or destructive computer program, script or object or use or seek to use the computers that are used for the Services as a botnet or otherwise divert the Services resources to your own purposes;
- Monitor, mirror, copy, summarize, reverse engineer, reverse assemble, decompile or create any derivative work from some or all the App or any materials used to provide the Services (including the underlying software);
- Unless authorized to do so, use another person’s account or password to access the Services or otherwise obtain unauthorized access to the Services or the data or information of another person;
- Use the Services or the resources used to support or operate the Services in any illegal manner or for any illegal purpose, or any other manner or purpose that would expose us or our service providers to civil or criminal liability;
- Use the App to transmit any form of unsolicited commercial e-mail or similar messages or otherwise use the Services for commercial purposes;
- Use the Services in any manner that could reasonably be expected to damage, disable, overburden or impair access to or the functionality of the App; or
- Attempt, or permit, encourage or authorize any other person to do any of the foregoing.
- This App is not intended to diagnose or treat any illness, injury or disease. The information, services and features contained in the App are not intended to be a substitute for independent medical judgment or constitute case-specific medical advice or treatment in any way.
- It is very important that you see your healthcare provider regularly. Do not rely on the App for your healthcare.
Special Features and Events
Disclaimer of Warranties
Limitation of Liability and Remedies
Governing Law & Jurisdiction
- This Agreement is governed by the laws of the State of Wisconsin without respect to its conflict of laws principles. Venue shall be in the courts of the State of Wisconsin. By using the App, you accept the jurisdiction of the courts of Wisconsin. All claims must be brought within six (6) months of the date of the first event giving rise to a claim.
- You irrevocably and unconditionally waive any right You may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement.
- Company may immediately terminate this Agreement, including all licenses granted hereunder, at any time with or without cause. We may also modify this Agreement, at any time, in our sole discretion, by posting the modified Agreement on the App. YOUR CONTINUED USE OF THE APP INDICATES YOUR ACCEPTANCE OF THE NEW TERMS.
- You understand and agree that the terms set forth in the Agreement are intended to protect and benefit your Employer, and that your Employer will have access to, and the right to use, information related to your use of the App.
- If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, and to the extent necessary, a provision most closely effectuating the intent of Company shall be substituted for such invalid provision. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision, term or condition or any other provision, term or condition.
- You are fully responsible for all fees, charges, and taxes incurred while using the App.
- You may not assign or otherwise transfer this Agreement or any rights or obligations hereunder without Company’s prior written consent. All contributors to the App, including third-party content, are intended third-party beneficiaries of the Agreement.
- The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: User Content, Disclaimer of Warranties, Limitation of Liability and Remedies, Indemnity, Equitable Relief, Governing Law & Jurisdiction, General.
DMCA Notice and Takedown Procedures; and Copyright Agent
- If You believe any materials made available by or incorporated into the App infringe your copyright, you may request removal of those materials (or access thereto) by contacting the copyright agent identified below and providing the following information:
- Identification of the copyrighted work that you believe to be infringed, including a description of the work, and the location of an authorized version of the work.
- Identification of the alleged infringing material and its location in sufficient detail to allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.