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Healthyroads.com Website User Agrement

Welcome to Healthyroads.com. Healthyroads.com is owned and operated by American Specialty Health Incorporated on behalf of itself and its subsidiaries (hereinafter collectively referred to collectively as "Healthyroads" or "We").

READ CAREFULLY. BY USING THIS WEBSITE, YOU HEREBY AGREE TO BE BOUND BY THIS AGREEMENT AND THE PRIVACY STATEMENT. USE OF HEALTHYROADS.COM IS STRICTLY SUBJECT TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. This agreement explains the terms and conditions governing usage of the Healthyroads.com website, and it is your responsibility to read and understand them. If you do not agree to be bound by these terms and conditions, you may not access or use this website.

THE WEBSITE OF HEALTHYROADS.COM IS NOT INTENDED TO PROVIDE INSTRUCTIONS IN THE EVENT OF AN EMERGENCY.

Important Note: The website and services are in no way intended to be professional medical advice, or substitute for professional medical advice, nor do they provide medical services. Furthermore, the website and services are intended for educational purposes only. Products and services available on this Website are not insurance. This website expressly prohibits you from using information and services on this website to diagnose, treat, cure, or prevent any medical condition. Application or reliance on any of the content, techniques, ideas, and suggestions accessed through the website is at your sole discretion and risk.

Important Note: It is expressly noted that some personal health improvement programs are not appropriate for individuals who have certain medical or other health conditions. YOU ARE STRICTLY RESPONSIBLE FOR SEEKING MEDICAL ADVICE FROM A PHYSICIAN PRIOR TO PARTICIPATING IN ANY PERSONAL HEALTH IMPROVEMENT PROGRAM DISCUSSED OR ADDRESSED IN HEALTHYROADS.COM. You hereby agree and understand that you may not be aware of a medical condition from which you suffer, and therefore you should not participate in the personal health improvement programs discussed in Healthyroads.com prior to seeking the advice of a physician.

Important Note: You should consult with your physician or pharmacist before taking any prescription or over-the-counter drugs (including any herbal medicines or dietary supplements) or following any treatment or regimen. Only your physician or pharmacist can provide you with advice on what is safe and effective for you.

1. General Information Disclaimer. This website does not make any warranty, express or implied, or assume any legal liability or responsibility for the completeness or usefulness, or the accuracy or quality of any information presented on this website. The information on this website is subject to change without notice and cannot be guaranteed to be current.

2. Health Information Disclaimer. The information provided on this website does not substitute for or replace services of trained professionals in their fields of expertise. Healthyroads is not a medical provider and its staff cannot give you medical advice or provide any information concerning the diagnosis or treatment of any health condition. The information on this website is of a general nature and is intended only for educational purposes to help with your personal health improvement goals and should not be relied on as medical advice. We recommend consulting with a doctor on a regular basis with respect to any matter relating to physical or mental health, especially concerning symptoms that may require diagnosis or medical attention. Neither Healthyroads nor any of its affiliates, licensors or suppliers make any representations or warranties concerning any treatment, action or application of medication or preparation by any person following the information provided on or through the website. Healthyroads shall not be liable for any direct, indirect, consequential, special, exemplary, or other damages that may result from the use of the website, including, without limitation, any such damages with respect to any economic loss, injury, illness or death. 

3. Product Purchases. This website does not endorse or warranty any product, including any prescription or over-the-counter drug (including any herbal medicines or dietary supplements) and any personal health improvement products referenced or offered on this website. You agree that Healthyroads will not be liable with respect to any product, service, or information obtained through the website. You hereby release Healthyroads (and its affiliates, subsidiaries, and their respective officers, directors, agents, and employees) from any loss, claims or damages (including without limitation any direct, indirect, consequential, incidental, punitive, special or exemplary damages), whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that arise from or relate to any dissatisfaction you may have with any product, services or information obtained through the website.

We may make certain products and services available to you through links to third-party websites. Before you purchase any products or services through any such third-party website, we urge you to carefully review any such third party's privacy, security, return and guarantee policies. Your correspondence or business dealings with any such third party, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Healthyroads shall not be responsible or liable for any loss, claim or damages of any sort incurred as a result of any dealings with any such third party. 

4. Interactive Tools. Any interactive sections, including but not limited to, Ask A Coach, Exercise Planner, Nutrition Planner, e-Coaching, Personal Health Plan, On-line Competitions, Challenges and Health Trackers (hereinafter collectively named "Health Trackers"), contained in this website are designed to give health information specifically related to the information you provide. You agree that the information you enter for all Health Trackers is true and correct, and that if any information changes, you will correct it. Information you enter into Health Trackers is retained by Healthyroads. For information regarding Healthyroads other uses of your personal information, including interactive tools, please see paragraph #11, Privacy Practices, below.

Use of these Health Trackers and any interactions with Healthyroads staff affiliated with this website concerning these Health Trackers or any services purchased over the Healthyroads.com website are for health education and information purposes only. Use of the Health Trackers and any services provided to you do not constitute medical or other health care advice and are not intended to replace the diagnosis, treatment, and advice of your physician and other health care professionals.

Notice to Members Regarding Online Competitions: Users who participate in Online Competitions are required to use language and team names that are appropriate for the work place. Please refrain from using vulgar, profane or abusive language and team names in connection with Online Competitions. We reserve the right to monitor Online Competitions and exchanges. Use of any inappropriate language or team names will be grounds for immediate termination of a competition. We do NOT verify, endorse, sponsor or approve, and we assume NO liability for, any Online Competition or any information, view, opinion or comment made by a member in connection with an Online Competition. If you choose to participate in an Online Competition or to rely on any information, view, opinion or comment made by another member, you do so entirely at your own risk. Also, you understand and acknowledge that because messages on this website can be accessed by others, if messages contain any personal information about yourself, including anything relating to your physical health or condition, that information will be viewable by others and could be further used or disclosed by others, and that such information, if otherwise protected by state or federal privacy laws, may no longer be protected by those laws once posted by you voluntarily. All member messages in connection with Online Competitions are deemed voluntary and information contained in them will be displayed to other participants depending on the parameters selected. 

5. Redeeming Points. If your Healthyroads membership includes the Healthyroads Incentives Program, and Healthyroads is responsible for redeeming your reward, you can keep track of your points online and have the opportunity to redeem them for a selection of payment options through the website.

Healthyroads reserves the right to charge any applicable fees relating to any lost or stolen reward payments and their request for reissue.

Upon completion of the activities for which you may earn Incentives Program points.  As agreed upon between your plan sponsor or health plan and Healthyroads, you will be notified of your eligibility to redeem a reward payment and you will be provided an opportunity to choose a reward payment from the choices available on the website. Healthyroads will arrange for your chosen reward to be issued to you within thirty (30) days of selection. You must make your reward selection within thirty (30) days of the end of your benefit year. If your enrollment in Healthyroads or the agreement between your plan sponsor or your health plan and Healthyroads is terminated prior to the end of the benefit year, you will have thirty (30) days from the termination date to select a reward payment, depending on the terms stated in the agreement. If you do not make your reward payment selection(s) within the specified time period you will either forfeit any earned reward(s) or you will automatically receive a predetermined reward payout via mail in the amount of the remaining reward balance; depending on the terms stated in the agreement between your plan sponsor or your health plan and Healthyroads. 

 

Once you select a reward payment option on the website, you cannot change your selection or combine it with other reward payment options, and Healthyroads will not substitute or swap out reward payments that you have already chosen.  Healthyroads will not be responsible for lost or stolen reward payments.  Healthyroads reserves the right to charge any applicable fees relating to any lost or stolen reward payments and their request for reissue.  Rewards are only available in the whole reward amount chosen by your plan sponsor or health plan. 

 

If you choose to redeem points by selecting the reward card payment option, you understand and expressly acknowledge that Healthyroads is not the issuer of the reward card and that

Healthyroads is only making the reward card available to you through the Healthyroads Incentives program. The issuer of the reward card may have additional Terms and Conditions for use and you must direct all questions and concerns regarding use of reward card to the issuer, not to Healthyroads. It is your responsibility to review any additional Terms and Conditions that are posted in Healthyroads.com or that are provided to you with your reward card by the issuer. 

6. Disclosures and Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND THE INFORMATION PROVIDED HEREIN IS ENTIRELY AT YOUR OWN RISK. HEALTHYROADS AND ITS AFFILIATES AND LICENSORS WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THIS WEBSITE, YOUR USE OF THIS WEBSITE, OR ANY INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THIS WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF HEALTHYROADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST HEALTHYROADS, ITS AFFILIATES AND LICENSORS FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THIS WEBSITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY AND ALL INFORMATION CONTAINED ON THIS WEBSITE IS PROVIDED AS IS, AND HEALTHYROADS AND ITS AFFILIATES AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEALTHYROADS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE AND SUCH INFORMATION, SERVICES, PRODUCTS, CONTENT AND OTHER MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, HEALTHYROADS DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ANY INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. PRICE AND AVAILABILITY INFORMATION FOR ANY PRODUCT OR SERVICE PROVIDED THROUGH THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.

HEALTHYROADS DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT POSTED ON THE SITE.

IF YOU ARE DISSATISFIED WITH THE WEBSITE AND THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUANCE OF YOUR USE OF THE WEBSITE.

7. Limitation of Liability for User's Employer. If you are using this website as a benefit provided to you by your employer, your right to use the website is subject to your acknowledgment and agreement that your employer is not a party to the relationship between Healthyroads and you, and that your employer has no control over Healthyroads, the contents of this website and any information, products, or services provided to you. Therefore, as part of this Agreement, you agree that your employer shall not be subject to any claims, whether in contract, tort, or otherwise, based on your use of this website, and your employer shall not be liable for any direct, indirect, consequential, special, exemplary, or other damages that may result from the use of the website, including, but not limited to, any such damages with respect to any economic loss, injury, illness, or death.

8. User Password and Information. You will select a password and user I.D. during the registration process. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose, including use of the Healthyroads website by any minor under the age of 18 years old in your household or otherwise. You are responsible for maintaining the confidentiality and security of any password(s) used to access this website. You are also responsible for all activity that occurs under your password and should immediately notify Healthyroads.com of any unauthorized use of your password. You must also ensure that you exit from your account at the end of each session. In addition, you must provide Healthyroads.com with accurate, true, current, and complete information about yourself, and you must promptly provide any updates necessary to keep such information accurate, true, current and complete at all times. You may not impersonate another person or entity, and you may not use Healthyroads.com to harass or stalk another user. You agree that you will not use the website for chain letters, junk mail, spamming solicitations (commercial or otherwise) or bulk communication of any kind. We cannot and will not be liable for any loss or damages arising from or relating to your failure to comply with any of the obligations in this paragraph.

Healthyroads.com has the right, at any time, to immediately terminate, deactivate or delete a password, user account, all related information and files and/or access to this website or any part of this website, without any notice or incurrence of liability. This termination may occur for any reason, including, but not limited to failure to abide by this User Agreement, or any applicable law regarding the use of this website and various products or services provided on this website.

9. Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers or providers of products or services found on or through this website, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings are solely between you and such advertiser or provider. You agree that Healthyroads shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or providers on this website.

10. Links. We may provide links to third-party websites that may be of interest to you. Such links are strictly for informational purposes. Third-party websites linked to this website are not under the control of Healthyroads, and Healthyroads is not responsible for the content of any linked website or any link contained in a linked website, or any changes or updates to such websites. Healthyroads.com provides these links to you only as a convenience, and the inclusion of any link does not imply a financial or business relationship, or endorsement by Healthyroads.com of the website or its products or services. Healthyroads is not responsible for any activities that you may engage in on any linked website, including without limitation, purchase of products or services. When you link to a third party website, you will be notified you are leaving Healthyroads.com or the link will be clearly marked as a partner website. Once you link to a third-party website, you will be subject to the Terms of Use, Privacy Statement and/or Editorial Policy of that website. Your linking to such websites is at your own risk, and Healthyroads is not responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on or through any such website. In addition, you may not provide links to the website without the prior written permission of Healthyroads.

11. Not Intended for Minors. This website is not designed or intended for use by minors. Minors under the age of 18 years old are not permitted to register for an account on Healthyroads.com.  You, as the parent or legal guardian of a minor, may register for an account on Healthyroads.com using that minor's name and registration information.  If you permit a minor under your care to use or access this website, you are responsible for supervising such use and access, including responsiblity for comments posted on the Healthyroads.com blog by any minor or viewing of comments posted by other users.  It is your responsibility to monitor use and access of this website by minors at all times.

12. Privacy Practices. Healthyroads may use and/or provide your plan sponsor, health plan, or other entities that have contracted with your plan sponsor or health plan to administer your plan, with and/or access to information, including personal information, collected through your use of our program and website. Such information may include, but is not limited to, information provided through interactive tools, personal health assessments, product orders and incentive trackers. In addition, Healthyroads may also use your personal information obtained through our program and from your use of our website to provide you with information about other health-related benefits available to you through your plan sponsor or health plan. Provision of the information noted above to your plan sponsor, health plan, or other entities that have contracted with your plan sponsor or health plan to administer your plan, is intended for purposes related to treatment, payment (billing, eligibility) or operational and administrative requirements. Such purposes will vary by entity, but may include, eligibility for incentives due to participation in the program, quality control and auditing purposes, and facilitation with case management or disease management programs available from your plan sponsor or health plan. In these situations, Healthyroads requires recipients of the information to ensure that there are safeguards in place so that personal information is only used for the purposes noted. If information is disclosed to plan sponsors who are employers, then such information is required to be used for benefit administration purposes only. To learn more about how Healthyroads protects personal health information and personally identifiable information, please refer to the Privacy Statement, which constitutes an integral part of this User Agreement. By accessing the services on Healthyroads.com you acknowledge that Healthyroads may provide this information as noted above.

13. User Submissions. Except as expressly provided in this User Agreement or the Privacy Statement, any other communication(s) or material(s) transmitted to this website by electronic mail or other medium, including but not limited to any questions, comments, testimonials (personal experiences and stories) or suggestions, is and will be treated as non-confidential and non-proprietary information and may be used by Healthyroads, Healthyroads' vendors, or its affiliates or related entities for any purpose, including but not limited to, reproductions, disclosure, transmission, publication, broadcast, and postings. Furthermore, Healthyroads, Healthyroads' vendors and its affiliates and related entities are free to use any information, ideas, concepts, inventions, or techniques contained in any communication sent to this website for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services. If you wish to keep any information, ideas, concepts, inventions or techniques private or proprietary, do not submit them to this website.

14. Proprietary Information. This website contains proprietary information, including, but not limited to, logos, service marks, trademarks, software, photos, videos, text, graphics, comments, feedback, ideas, templates, instructions, notes, drawings, articles and other materials, and the selection, assembly, and arrangement of information on this website (collectively, "Content"). Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks and other proprietary rights that are owned by Healthyroads.com, Healthyroads.com affiliates, or by third parties that have licensed their use to Healthyroads.com. You may download material displayed on this website for noncommercial, personal use only, including showing the print-out to your personal physician or pharmacist, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, use, reproduce, copy, distribute, modify, transmit, repost, display, publish, sell, license, create derivative works, assign, or transfer any Content or information on this website for public or commercial purposes without Healthyroads.com's prior written permission. Nothing on this website shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of Healthyroads, its affiliates, or any third party, whether by estoppel, implication, or otherwise.

Healthyroads and Healthyroads.com are federally registered trademarks of American Specialty Health Incorporated. You shall not display, disparage, dilute, or taint our marks or use any confusingly similar marks or use our marks in such a way that would misrepresent who the proper owner of such marks is. Any permitted use of our marks by you shall inure to our benefit. Content of this website is copyrighted Copyright 2007 - 2010, American Specialty Health, Inc. or its licensors. All rights reserved.

15. Healthyroads Success Story Guidelines. The Success Stories section of the Healthyroads website provides Healthyroads members an opportunity to transmit, display and submit information, opinions, ideas, photographs, images, video, creative works, messages, transmissions and material relating to their individual success as participants in the Healthyroads program (collectively referred to as “Story” or “Stories”) to Healthyroads and the Healthyroads website. You must be a current registered adult member to submit a Success Story. When using the Healthyroads Success Story section of the website, you are subject to and bound by these additional guidelines.

 

Stories do not reflect the views of Healthyroads and We are not endorsing any Story in any way. Healthyroads is under no obligation to publish your Story. Healthyroads, you attest that the information in your Story is true and accurate. We reserve the right to remove or edit from your Story any content or material that is illegal, indecent, obscene, or offensive, or that violates Healthyroads’ policies in any way.

 

If a Story originates from you or your account, you hereby agree not to submit or transmit any content or materials that:

1. Interfere with anyone else’s use of the website;

2. Impersonate another person or entity;

3. Contain vulgar or abusive language; personal attacks of any kind; or offensive or disparaging terms that target protected individuals or groups;

4. Solicit, promote or encourage illegal activities;

5. Violate anyone’s copyright, trademark, or other property right;

6. Interfere with the privacy of any other user;

7. Transmit or spread viruses, malware, spyware, or other harmful or intrusive code;

8. Contain spam or promote specific businesses, services or products other than Healthyroads;

9. Contain false or misleading statements of fact or descriptions of the origin of the content or material.

 

We reserve the right not to post Stories that are in violation of any of the above restrictions. For Stories that have been posted, we reserve the right to remove them at any time and without notice, if we discover or suspect that they are in violation of any of the above restrictions, or if we receive notification of or otherwise become aware of a claim or allegation that they are in violation of any of the above restrictions, or are infringing or violating a property, proprietary or personal right of any person or entity.

 

You acknowledge that by submitting content or material to Healthyroads.com you authorize Healthyroads to post your Story, and any or all of the personal information contained therein on the Healthyroads website or in other Healthyroads marketing or promotional materials. By disclosing personal information to Us, you have authorized Healthyroads to publish this information publicly on the Healthyroads website or in other Healthyroads marketing or promotional materials, which may be further disclosed by others and may no longer be protected by any federal and/or state law. Further, by submitting a Story to Us, you waive any and all claims for loss, damage or liability of any kind that may arise from the use of your Story or your personal information on the Healthyroads website or in other Healthyroads marketing or promotional materials.

 

Do not send original creative materials of any kind. All Stories and information you submit will be deemed, and will remain, the property of Healthyroads. You represent and warrant that you are authorized to grant all rights in the Story to Healthyroads.

 

Healthyroads is and shall be under no obligation to pay to you or any other person any compensation for any Story, or to respond to any of your or any other user’s Stories.

 

Users under the age of 18 must not submit Stories to the Healthyroads website and We reserve the right to reject or delete any content or material submitted by minors, or persons We believe may be minors.

 

16. Healthyroads Moderated Blog Guidelines. You must be a current registered member to use the Healthyroads Blog. When using the Healthyroads Blog, you are subject to and bound by these guidelines.

 The purpose of the Healthyroads Blog is to provide a platform to discuss different topics related to various health and wellness topics. We encourage your comments. Your ideas and concerns are important to make sure that a broad range of our members are involved and informed participants in the discussion.

 Important Note: Like the rest of this website, the Healthyroads Blog is in no way intended to provide professional medical advice, or substitute for professional medical advice. You should NOT use or rely on any posting in the Healthyroads Blog to diagnose, treat, cure, or prevent any health or medical condition. Always consult with your doctor or other qualified health care provider before starting any treatment, medicine, diet, fitness or health program. You should never disregard the medical advice of your doctor or other qualified health care provider or delay in seeking it because of something you have read in the Healthyroads Blog. You acknowledge and agree that any action or non-action by you in reliance upon any posting in the Healthyroads blog is entirely at your own risk and that under no circumstances will we be responsible or liable in any way for any injury (including death), loss or damage resulting from such reliance by you.

 

We do NOT edit comments posted by users in the Healthyroads Blog. If approved, comments will be posted as is and as received, including any typographical errors. However, we ask that members not submit or post comments that:

 

1. Contain vulgar or abusive language; personal attacks of any kind; or offensive or disparaging terms that target protected individuals or groups;

2. Contain spam or promote specific businesses, services or products;

3. Make unsupported accusations;

4. Are "off topic" - meaning that they do not relate to the topic of the blog that is being commented on (for the benefit of robust discussion, comments shall remain on-topic);

5. Impersonate another person or entity;

6. Contain personally identifiable information (excluding information available in public records);

7. Transmit or spread viruses, malware, spyware, or other harmful or intrusive code, software or material; or

8. Solicit, promote or encourage illegal activities.

 

We reserve the right not to post comments that are in violation of any of the above restrictions. For comments that have been posted, we reserve the right to remove them at any time and without notice, if we discover or suspect that they are in violation of any of the above restrictions, or if we receive notification of or otherwise become aware of a claim or allegation that they are in violation of any of the above restrictions, or are infringing or violating a property, proprietary or personal right of any person or entity.

Reporters are asked to send questions to Meredith Mulligan at Meredithm@ashn.com and to refrain from submitting questions here as comments. Reporter questions will not be posted or answered.

We do NOT verify, warrant or guarantee, and assume no liability for, the accuracy, correctness, truthfulness or reliability of any information posted by a member in the Healthyroads Blog. We do NOT endorse, sponsor, or approve any view, opinion, comment or position expressed by a member in the Healthyroads Blog, and the posting of a member's view, opinion, comment or position in the Healthyroads Blog does NOT constitute our endorsement, sponsorship or approval thereof.

We recognize that the Web is a 24/7 medium, and your comments are welcome at any time. However, moderating and posting comments will occur during regular business hours. Comments submitted after hours or on weekends or holidays will be read and posted as early as possible the next business day.

 

By using the Healthyroads Blog, you understand, acknowledge and agree that, because postings on the Healthyroads Blog can be accessed by others, if you post any personal information about yourself, including anything relating to your health status, that information will be viewable by others and could be further disclosed by others. Such information, if otherwise protected by state or federal privacy laws, may no longer be protected by those laws once posted by you voluntarily. We caution that you refrain from disclosing any information that you consider private. All posts to the Healthyroads Blog are deemed voluntary and information submitted becomes public in nature. Please view our complete Privacy Statement for more detailed information.

The Healthyroads Blog may not be used for claim inquiries, formal or informal complaints, or any other form of legal and/or administrative process. If you have questions of this nature, or questions about specific products and services, please contact Healthyroads directly at:

U.S. Mail: Healthyroads.com Customer Service

P.O. Box 509040

San Diego, CA 92150-9040

Phone: (877) 330-2746

E-mail: service@healthyroads.com

17. Indemnification. You hereby agree to defend, indemnify, and hold harmless Healthyroads and its affiliates, employees, officers, directors, agents and licensors from and against any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, related to your violation of this User Agreement or any activity by you on this website.

18. System Integrity. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction conducted on the website. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

19. Assignment. Healthyroads may assign this User Agreement, or any of its rights or obligations under this User Agreement, to any third party without your prior consent. This User Agreement will inure to the benefit of Healthyroads' successors, assigns and licensees.

20. Notices. All notices required or permitted by this User Agreement shall be in writing and may be delivered in person or may be sent by registered or certified mail to the following address:

Healthyroads

P.O. Box 509040

San Diego, CA 92150-9040

21. Governing Law. This User Agreement shall be construed, governed by, and enforced solely and exclusively in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions of your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of this User Agreement to be unenforceable, the remainder of this User Agreement will continue in full force and effect. You hereby agree that the courts located in the State of California, USA, will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this agreement and you hereby consent to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto.

22. Waiver. Any waiver of any provision of the User Agreement will be effective only if in writing and signed by Healthyroads. The failure of Healthyroads to insist upon or enforce the strict performance of the terms of this User Agreement, or to exercise any right under this User Agreement, will not be considered as a waiver of the right to assert or rely upon any such provision or right in that or any other instance.

23. Modifications. At any time, and without prior notice, Healthyroads retains the right to modify the:

Agreement. Modifications are made periodically and as necessitated in order to comply with all applicable laws and regulations.

Specific Terms. Modifications are made periodically and as necessitated in order to comply with all applicable laws and regulations.

Website. This website, or any part thereof, may be discontinued, modified or altered without prior notice and without incurring any liability. Healthyroads reserves the right to change or discontinue any content, products, and services made available through the website at any time and without any notice to you.

All modifications made to the Agreement, Specific Terms or the website are effective immediately. Notice of modifications may be provided by any means, including but not limited to the posting of a revised Agreement on the website. You are responsible for regularly reviewing this User Agreement and any Specific Terms for any changes that may affect your rights or obligations. Any use of the website and services after the effective date of any modifications constitutes an agreement to the modifications. Each time you access the website, you will be deemed to have accepted any modifications. All modifications are made exclusively by Healthyroads and are not valid unless expressly agreed to by Healthyroads.

24. Changes to the Privacy Statement. Significant changes that affect the use of your personal information will not be made until you are given notice of those changes. If we make changes to our privacy practices as described in the Privacy Statement, we will post the revised Privacy Statement on the website. Any use of the website and services after the effective date of any changes to the Privacy Statement constitutes an agreement to the changes. Each time you access the website, you will be deemed to have accepted any changes.

25. Severability. If, for any reason, a court of competent jurisdiction finds any provision or portion of this User Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect.

26. Use Website At Own Risk. THE SERVICES, PRODUCTS AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE ARE DONE AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCTS OR CONTENT. HEALTHYROADS IS NOT RESPONSIBLE FOR ANY TERMINATION OF YOUR CONNECTION TO THIS WEBSITE, EVEN IF SUCH TERMINATION OF CONNECTION AFFECTS ANY PURCHASE OR OTHER ACTIVITY ON THIS WEBSITE.

 

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