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Healthy Points

Version 1.0

Effective April 2016

 

Overview

 

Healthy Points is a mobile application for iPhone and Android by CNVRS, LLC. The application as a whole and all rights, titles, and interests in and to the application are owned by CNVRS, LLC.  These terms were last updated on April 28th, 2016 and the Healthy Points team reserves the right to change and update them without them without warning or notification.  These  Terms of Service (“Terms”) govern your access to and use of Healthy Points, including any Healthy Points mobile applications and websites (the “Services”), and any videos, information, text, graphics, photos and other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”).  Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms.  By accessing or using the Services you agree to be bound by these Terms.

 

Please carefully read these Terms before using this application. The Terms may affect your legal rights, including your right to bring a lawsuit or class action.

 

By using this application of Healthy Points, you agree to be bound and abide by these Terms and any amendments thereto. If you do not agree to the Terms, please do not use the application.

 

We may update or amend these Terms from time to time to comply with law or to meet our changing business requirements without notice to you. Your continued use of the application and/or other products or services of Healthy Points after any such changes constitutes your acceptance of the new Terms. Any updates or amendments will be posted on the application. These Terms govern and apply to your access to and use of the Application.

 

1. Disclaimer

The information on the application provided by other non-medical users is strictly for academic use only, and is in no way a substitute for the clinical acumen and expertise of a medical professional, nor is it intended to constitute medical advice or be a substitute for professional medical advice, diagnosis, or treatment. In addition, the information on the application provided by medical staff is not intended to replace the advice of your physician. Always seek the advice of your doctor or other qualified health provider with any questions you may have about a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the application. If you think you may have a medical emergency, call your doctor or local emergency number immediately.

 

You agree to absolve Healthy Points of all legal responsibility in the event of your reliance on the information provided in conflict with the advice of your physician.

 

2. Basic Terms

You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

You may use the Services only if you can form a binding contract with HEALTHY POINTS and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

 

The Services that HEALTHY POINTS provides are always evolving and the form and nature of the Services that HEALTHY POINTS provides may change from time to time without prior notice to you. In addition, HEALTHY POINTS may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

 

3. Privacy

Any information that you provide to HEALTHY POINTS is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by HEALTHY POINTS. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your HEALTHY POINTS account, which you may not be able to opt-out from receiving.

 

4. Passwords

You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your HEALTHY POINTS account (such as Twitter, Facebook, or your email). HEALTHY POINTS cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

 

5. Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will HEALTHY POINTS be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

 

6. Your Rights

You retain your rights to any Content you submit, post or display on or through the Services.

 

7. Your License to Use the Services

HEALTHY POINTS gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by HEALTHY POINTS as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by HEALTHY POINTS, in the manner permitted by these Terms.

 

8. HEALTHY POINTS Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of HEALTHY POINTS and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. HEALTHY POINTS reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding HEALTHY POINTS, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

 

9. Restrictions on Content and Use of the Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to suspend terminate users or reclaim usernames without liability to you. You may not post Content that:

 

  • Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;

  • Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights; 

  • Is a direct and specific threat of violence to others; 

  • Is furtherance of illegal activities; or

  • Is harassing, abusive, or constitutes spam.

  • We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of HEALTHY POINTS, its users and the public. HEALTHY POINTS does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

 

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, HEALTHY POINTS computer systems, or the technical delivery systems of the providers of HEALTHY POINTS; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by HEALTHY POINTS (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with HEALTHY POINTS.

 

10. Copyright Policy

HEALTHY POINTS respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, HEALTHY POINTS will also terminate a user's account if the user is determined to be a repeat infringer.

 

11. Ending These Terms

The Terms will continue to apply until terminated by either you or HEALTHY POINTS as follows.

You may end your legal agreement with HEALTHY POINTS at any time for any reason by deactivating your accounts and discontinuing your use of the Services. In order to deactivate your account, please contact us.

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.

 

Nothing in this section shall affect the rights of HEALTHY POINTS to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.

 

12. Limitations of Liability

Please read this section carefully since it limits the liability of HEALTHY POINTS and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the " HEALTHY POINTS Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
 

A. Services are Available "AS-IS"

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, HEALTHY POINTS ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

 

HEALTHY POINTS Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from HEALTHY POINTS Entities or through the Services, will create any warranty not expressly made herein.
 

B. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by HEALTHY POINTS Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

C. Further Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HEALTHY POINTS ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

 

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE HEALTHY POINTS ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID HEALTHY POINTS, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

 

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE HEALTHY POINTS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

12. General Terms
 

A. Waiver and Severability

The failure of HEALTHY POINTS to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
 

B. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Indiana without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in St. Joseph County, Indiana, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

 

If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Indiana (excluding choice of law).

 

C. Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between HEALTHY POINTS and you regarding the Services (excluding any services for which you have a separate agreement with HEALTHY POINTS that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between HEALTHY POINTS and you regarding the Services.

 

We may revise these Terms from time to time, the most current version will always be at http://cnvrs.com/terms.html. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by CNVRS, LLC, South Bend, Indiana. If you have any questions about these Terms, please contact us.

 

Effective Date: April 28th, 2016

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