Terms and Conditions
Welcome to Healthyroads.com. Healthyroads.com is the website for American Specialty Health Management, Inc. ("ASH Management") and is owned and operated by American Specialty Health Incorporated (“ASH”), a privately held company, on behalf of itself and its subsidiaries including ASH Management and American Specialty Health Fitness, Inc. (hereinafter referred to collectively as "ASH" or "We").
READ CAREFULLY. The following Terms and Conditions, together with the Healthyroads Website Privacy Statement , constitute the legally binding agreement between each user (“You”) and Healthyroads concerning the use of the Healthyroads Website (this “User Agreement”). By using the Healthyroads Website, you accept and agree to be bound by the following Terms and Conditions and the Healthyroads Website Privacy Statement .
IMPORTANT NOTICES AND DISCLAIMERS
- THE HEALTHYROADS WEBSITE IS NOT INTENDED TO PROVIDE INSTRUCTIONS IN THE EVENT OF AN EMERGENCY. IF YOU BELIEVE YOUR SYMPTOM OR SITUATION IS LIFE-THREATENING, CALL 911 OR YOUR EMERGENCY MEDICAL SYSTEM IMMEDIATELY.
- Medical Advice and Health Information Disclaimers:
- ASH MANAGEMENT IS NOT A MEDICAL PROVIDER AND ITS STAFF CANNOT GIVE MEDICAL ADVICE OR PROVIDE ANY INFORMATION CONCERNING THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL OR HEALTH CONDITION. THE INFORMATION ON THE HEALTHYROADS WEBSITE IS OF A GENERAL NATURE AND IS INTENDED ONLY FOR EDUCATIONAL PURPOSES TO HELP WITH YOUR PERSONAL FITNESS AND HEALTH-RELATED GOALS AND SHOULD NOT BE RELIED ON AS MEDICAL ADVICE. THE INFORMATION ON THE HEALTHYROADS WEBSITE SHOULD NOT BE USED AS A SUBSTITUTE FOR THE DIAGNOSIS OR TREATMENT OF OR CONSULTATION CONCERNING ANY MEDICAL OR HEALTH CONDITION BY QUALIFIED HEALTH CARE PROFESSIONALS.
- The Healthyroads 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 or a medical exam. Furthermore, the Healthyroads Website and services are intended for educational purposes only. Products and services available on the Healthyroads Website are not insurance. The Healthyroads Website expressly prohibits you from using information and services on the Healthyroads 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 Healthyroads Website is at your sole discretion and risk.
- The information provided on the Healthyroads Website does not substitute for or replace services of trained professionals in their fields of expertise. 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 ASH Management nor any of its affiliates, licensors, or suppliers makes 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 Healthyroads Website. Healthyroads shall not be liable for any direct, indirect, consequential, special, exemplary, or other damages that may result from the use of the Healthyroads Website, including without limitation any such damages with respect to any economic loss, injury, illness, or death.
- You should not delay or forego seeking medical care from a licensed health care professional because of information that may be referenced on the Healthyroads Website. 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.
- You agree that you will not use information provided on the Healthyroads Website to self-diagnose, treat, cure, or prevent any medical condition.
- The information contained herein has been devised generally and could be affected by certain cultural, social, dietary, or language differences.
- All Healthyroads’ services are part of a voluntary wellness program. As such, you are not required to participate in any of Healthyroads’ services. Your employer or plan sponsor cannot deny you access to health coverage or have the extent of your benefits limited, or subject you to any other adverse employment action or retaliation, for not participating.
Personal Health Improvement Program Disclaimer: 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, MENTIONED, OR PROVIDED ON THE HEALTHYROADS WEBSITE
. 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.
- General Information Disclaimer: The Healthyroads 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 the Healthyroads Website. The information on the Healthyroads Website is subject to change without notice and cannot be guaranteed to be current.
Third-Party Products and Services
You acknowledge and agree that ASH and the Healthyroads Website make no representation or warranty, whether express or implied, with respect to: (i) the availability, price, make, material, craftsmanship, style, genuineness, quality, durability, performance, warranty, customer service, or ethical or environmental standard of any Third-Party Product/Service; or (ii) your level of satisfaction with any Third-Party Product/Service. You further acknowledge and agree that in no event shall ASH and the Healthyroads Website be held responsible or liable for any injury (including death), loss or damage of any kind incurred by you or any other person as a result of: (i) your use of (or inability to use) a Third-Party Product/Service; (ii) any defect or error in a Third-Party Product/Service; (iii) the failure or refusal by an Applicable Third-Party Seller/Provider to accept a return, to make an exchange, to issue a refund or credit, or to honor a warranty with respect to a Third-Party Product/Service; or (iv) any billing error, overcharge, or any unauthorized or fraudulent charge, by an Applicable Third-Party Seller/Provider. You hereby release (to the maximum extent permitted by applicable law) ASH and its affiliates and subsidiaries and their respective officers, directors, agents, and employees from any and all losses, claims, liabilities, and 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 issue or dissatisfaction you may have with a Third-Party Product/Service.
Any interactive sections, including but not limited to Ask A Coach, e-Coaching, Personal Health Plan, and Health Challenges (hereinafter collectively named "Interactive Tools"), provided on the Healthyroads Website are designed to provide general education information only, and is not intended to provide medical advice of any kind. If you or your loved ones have a health condition or illness, or you require a medical opinion, you must consult with a licensed health professional in your area for proper examination, diagnosis, and treatment. The Interactive Tools are in no way intended as, nor are a substitute for, qualified, expert medical diagnosis, advice, counseling, or treatment. Information you submit to Healthyroads when using the Interactive Tools is retained by Healthyroads and will be used by Healthyroads for operating the Interactive Tools including providing you with information that you have requested or that may be of interest to you, and for other purposes described in the Healthyroads Website Privacy Statement or as otherwise authorized by you.
Healthyroads Connected! Tool
To use the Healthyroads Connected! tool you must have a wearable fitness device or fitness tracking app, including the Healthyroads CheckIn! ® app, or exercise equipment that is compatible with the Healthyroads Website. Full use of the Healthyroads Connected! tool requires a compatible wearable fitness device, fitness tracking app, exercise equipment, internet access, and certain software, which may require periodic updates. The performance of the wearable fitness device, app, or exercise equipment may be affected by these factors.
You must provide your own wearable fitness device, app, or exercise equipment that is compatible with the Healthyroads Website to use the Healthyroads Connected! tool. Healthyroads will not purchase a device for you, nor will it reimburse you for the cost or replacement of a wearable fitness device. Your use of the Healthyroads Connected! tool serves as your consent for Healthyroads to receive information about your tracked activity and to use that data to process and administer available awards to you under the program. For information regarding Healthyroads’ other uses of your personal information, please see the Privacy Statement .
Challenges and Accountabilities
In the Challenges and Accountabilities sections of the Healthyroads Website, users may post information, including but not limited to the name of the Challenge, a description of the Challenge, photos, rewards for completing the Challenge, and motivational posts. Information posted to Challenges and Accountabilities can be viewed by the user who created the challenge, member(s) invited to the challenge, and Accountability partner(s) invited to support users. Healthyroads does not endorse any information posted on the Challenges and Accountabilities pages and posts made by users do not necessarily reflect the views of Healthyroads. Information on the Challenges and Accountabilities pages should not be taken as medical advice and Healthyroads is not responsible for such information or for editing any factual errors or making any type of corrections to such information. Any action taken by you based on information presented on the Challenges and Accountabilities pages is at your own risk.
By using the Challenges and Accountabilities pages, you agree to adhere to the following guidelines:
- Be respectful of the opinions of others. Even though you might not agree with someone, that doesn't mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return. Do not post profane or explicit content.
- Do not post profile pictures that might be considered inappropriate.
- Do not post communications that could be interpreted as threatening or harassing.
- Do not post, advertise, or promote products commercially.
Healthyroads has the right to remove a post on the Challenges and Accountabilities pages if it does not meet these standards or for any other reason Healthyroads deems appropriate. Also, you understand and acknowledge that because messages on the Healthyroads 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 Challenges and Accountabilities are deemed voluntary and information contained in them will be displayed to other participants depending on the parameters selected.
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 Healthyroads 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 Healthyroads 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 Healthyroads 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 on Healthyroads.com or that are provided to you with your reward card by the issuer.
Enrolling in the Active&Fit ® Program through the Active&Fit Website
You may be an eligible Active&Fit member. As an eligible Active&Fit member, you have the option to enroll online through the Healthyroads Website into the home fitness program, or into a fitness center. If your plan sponsor or health plan requires that you pay an annual member fee at the time of enrollment in the Active&Fit home fitness program, you can make the payment through online enrollment. If you are required to pay an annual member fee for enrollment in a fitness center, you can make the payment directly to your fitness center. If you wish to enroll into a fitness center that does not accept the annual member fee, you can pay on the Healthyroads Website. If applicable, you are only required to pay a member fee once per benefit year at the time of enrollment. When enrolling online, you can pay by credit card. If you pay by credit card, your enrollment is effective immediately; you can take your fitness center welcome letter straight to the facility, if available. You will not receive any Active&Fit program materials, including your Active&Fit welcome letter, until payment is received. If you disenroll in the Active&Fit program during the benefit year, your annual member fee will not be reimbursed to you. For information regarding how we keep your payment information secure, please see the Healthyroads Website Privacy Statement .
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE HEALTHYROADS 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 THE HEALTHYROADS WEBSITE, YOUR USE OF THE HEALTHYROADS WEBSITE, OR ANY INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THE HEALTHYROADS 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 THE HEALTHYROADS 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 THE HEALTHYROADS 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 THE HEALTHYROADS WEBSITE AND SUCH INFORMATION, SERVICES, PRODUCTS, CONTENT AND OTHER MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, 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 THE HEALTHYROADS WEBSITE IS ACCURATE, COMPLETE OR CURRENT OR THAT ACCESS TO THE HEALTHYROADS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. PRICE AND AVAILABILITY INFORMATION FOR ANY PRODUCT OR SERVICE PROVIDED THROUGH THE HEALTHYROADS WEBSITE 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 HEALTHYROADS WEBSITE.
IF YOU ARE DISSATISFIED WITH THE HEALTHYROADS WEBSITE AND THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUANCE OF YOUR USE OF THE HEALTHYROADS WEBSITE.
Limitation of Liability for User's Employer
If you are using the Healthyroads Website as a benefit provided to you by your employer, your right to use the Healthyroads 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 the Healthyroads 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 the Healthyroads 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 Healthyroads Website, including, but not limited to, any such damages with respect to any economic loss, injury, illness, or death.
User Password and Information
You may elect to change your password during the registration process. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose. You are responsible for maintaining the confidentiality and security of any password(s) used to access the Healthyroads 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 Healthyroads 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 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 the Healthyroads Website or any part of the Healthyroads 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 the Healthyroads Website and various products or services provided on the Healthyroads Website.
Your correspondence or business dealings with, or participation in promotions of, advertisers or providers of products or services found on or through the Healthyroads 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 the Healthyroads website.
Third-party websites linked to the Healthyroads 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 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. Once you link to a third-party website, you will be subject to the Terms and Conditions 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.
Not Intended for Minors
The Healthyroads 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 and are not permitted to use the Healthyroads Website without the permission and oversight of a parent or guardian. 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 the Healthyroads Website, you are responsible for supervising such use and access, including responsibility for comments posted on the Healthyroads Blog by any minor or viewing of comments posted by other users. It is your responsibility to monitor use and access of the Healthyroads Website by minors at all times.
Your privacy is important to us. To learn more about how Healthyroads protects your personal health information and personally identifiable information collected on the Healthyroads Website, please refer to the Privacy Statement .
Except as expressly provided in this User Agreement or the Healthyroads Website Privacy Statement, any other communication(s) or material(s) you transmit to the Healthyroads 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 nonconfidential and nonproprietary 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 you send to the Healthyroads 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 the Healthyroads Website.
You represent and warrant that any content or material you submit to Healthyroads: (1) will not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs, or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information; (5) will not violate any third party's rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your submitted content or material.
The Healthyroads 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 the Healthyroads Website (collectively, "Content"). Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Healthyroads, Healthyroads affiliates, or third parties that have licensed their use to Healthyroads. You may download material displayed on the Healthyroads Website for noncommercial, personal use only, including showing the printout 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 the Healthyroads Website for public or commercial purposes without Healthyroads’ prior written permission. Nothing on the Healthyroads 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, Healthyroads.com, and the Healthyroads logo are registered trademarks of American Specialty Health Incorporated (ASH). 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 the Healthyroads Websites © 2007 − 2017, American Specialty Health Incorporated or its licensors. All rights reserved.
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 the Healthyroads Website.
You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Healthyroads Website or any transaction conducted on the Healthyroads Website. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
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.
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:
P.O. Box 509040
San Diego, CA 92150-9040
21. Governing Law and Severability
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 User Agreement and you hereby consent to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto.
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.
From time to time, we may update and modify this User Agreement and/or the Healthyroads Website (or any part thereof) to accommodate new technology, industry practices, regulatory requirements, or for other purposes. We will provide you with notice if the changes are material and, where required by applicable law, we will obtain your consent. Unless expressly otherwise agreed, all material changes will apply prospectively only. If you have an account on the Healthyroads Website, we may ask you to affirmatively agree to the changes (e.g., by checking a box or clicking a button) at the time of your next account log in on the Healthyroads Website.
Use Website At Own Risk
THE SERVICES, PRODUCTS, AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HEALTHYROADS 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 THE HEALTHYROADS WEBSITE, EVEN IF SUCH TERMINATION OF CONNECTION AFFECTS ANY PURCHASE OR OTHER ACTIVITY ON THE HEALTHYROADS WEBSITE.)