Much of the content on the Consumer Health and Wellness websites has been developed by Relevate Health Group Inc. (“Relevate”) for use by authorized licensees (each a “Licensee”) of which Trinity Health Of New England is one. Licensees are independently owned and operated, and are separate from Relevate.
Using the Consumer Health and Wellness Websites.
- Profiles, Screen Names, Passwords, and Security.
To take advantage of the interactive features of the Consumer Health and Wellness websites, you may be required to register as a member. As part of the registration, you will be able to create a profile with an associated screen name based on information and preferences you provide us.
- Do not use your real name, or the real name of any one related to you in selecting your screen name.
- These sites are not intended for consumers who are under the age of 13. If you are a minor over the age of 13, please don’t share any other personal information about yourself anywhere on the Consumer Health and Wellness websites, such as your real name, social security number, physical address, or phone number.
- Not to use your real name, or the real name of any one related to you in selecting your screen name to register as a member;
- That you will only register as a member with a true, valid email address for a parent or guardian;
- To let us know of any changes to such email address;
- Not to use anyone else’s screen name or email address to access the games and other interactive features of the Consumer Health and Wellness websites;
- To safeguard your screen name, password, and any email address you provide, and to take responsibility for all activity on the member account; and
- To notify us immediately if you find out that someone else is using your screen name, email address, or member account without your permission
We do not guarantee that any information you provide will not be intercepted by a third party during transmission over any public networks or otherwise. You bear the risk of communicating with us electronically and we are not responsible for any resulting loss or damage.
- Using the Content on the Consumer Health and Wellness Websites.
The Consumer Health and Wellness websites are for the personal use of individual users, and may not be transferred, assigned, or used in connection with any commercial or illegal endeavor. Organizations, companies, and businesses may not become registered members and may not use the sites for any purpose unless they are licensed by us to do so.
We have created and compiled the content on the Consumer Health and Wellness websites for your information and use. This information is not intended to replace or modify the medical advice of your doctor or health care provider. Please consult your health care provider for advice about a specific medical condition. Please remember that the information and content, in the absence of a visit with a health care professional, must be considered as an informational/educational service only and is not designed to replace a physician’s independent judgment about the appropriateness of risks of a procedure or condition for a given patient.
The content on the Consumer Health and Wellness websites (including, but not limited to, characters, logos, graphics, illustrations, websites layout and design, text, stories, images, audio and video, software, and images, files, or data incorporated in the software or generated by the software) is owned, controlled, or licensed by or to us. It is protected by copyright, trademark, and other intellectual property laws and rights throughout the world. You may only use the content for your personal and non-commercial use. You may not copy, reproduce, distribute, publish, post, upload, transmit, adapt, modify or create derivative works of or from, publicly display or perform, or in any way exploit any content on the Consumer Health and Wellness websites, unless you first request and obtain written permission from the owner of such content. If we choose to grant you additional rights to our content, you agree not to change or delete any proprietary notice on the content.
You may not use the name “Relevate Health Group,” or the name of the Licensee or any mark, logo, or trade name owned or used by Relevate Health Group Inc or the Licensee in any medium whatsoever, unless you first request and obtain written permission from us.
We retain all right, title, and interest in the Consumer Health and Wellness websites and any content, features, products, or services offered on them, including any and all intellectual property rights. We reserve all rights not expressly granted.
To request additional rights to content on the Consumer Health and Wellness websites, please contact us with all specifics necessary for us to consider and respond to your request.
- Unsolicited Ideas and Feedback
Neither we nor our employees accept or consider unsolicited ideas, including those for new or improved products or technologies, product enhancements, processes, marketing plans, or product names. The purpose of this policy is to avoid any potential misunderstandings or disputes if our offerings or strategies seem similar to ideas that you submitted to us.
If you choose to send us your ideas anyway, through the Consumer Health and Wellness websites or otherwise, you agree that:
- Your ideas automatically become our property, without any compensation to you;
- We can commercialize these ideas and use them for any purpose and in any way; and
- We can give and transfer these ideas to others.
You also represent and warrant that such ideas are your original ideas and that you have all the rights necessary for you to grant us rights to them, as described above.
- Prohibited Uses.
You may not reverse engineer, disassemble, or decompile, derive code or materials from, or capture any source, scripts, layouts, design, metadata, or other information accessible through the Consumer Health and Wellness websites (including, without limitation, data packets transmitted to and from the sites), or analyze, decipher, “sniff”, derive code or materials from any packet stream to our from the sites, or attempt any of the foregoing. You expressly waive any legal rights you may have to do any of the foregoing, including any claim that such activities constitute “fair use” or are for “interoperability purposes” under the Digital Millennium Copyright Act.
Further, in using the Consumer Health and Wellness websites, you may not:
- Conduct or solicit illegal or other activity that in any way harms us or any of our affiliates and business partners;
- Post, email, message, or otherwise make available through the Consumer Health and Wellness website, any content that
- Incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence,
- Is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason,
- Is illegal or violates any laws, including laws related to adult activities and content, child pornography, criminal activities, gambling, and drugs, or
- Promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated music or videos or computer programs, or links to such materials;
- Engage in commercial activities or sales, such as contests, sweepstakes, barter, advertising, or the buying or selling of “virtual” items, without our prior written permission;
- Disguise the origin of any message, communication, or transmittal you send to us through the Consumer Health and Wellness websites;
- Use any robot, spider, scraper, or other automated or manual means to access the sites, or copy any content or information on the sites;
- Attempt to gain unauthorized access to any portion of the Consumer Health and Wellness websites or any related networks or systems by hacking, password “mining”, or any other illegitimate means;
- Probe, scan, test the vulnerability of or breach the authentication measures of, the sites or any related networks or systems;
- Modify or reroute or attempt to reroute the sites;
- Link to the sites from any unsolicited bulk messages or unsolicited commercial messages (“spam”);
- Utilize framing, squeeze back, overlay or other techniques to enclose or display the sites or any content on the sites, with any other software or content of a third party; or
- Take any action that places a disproportionately large load on the sites or any related networks or systems.
- Electronic Notices and Communications.
By visiting the Consumer Health and Wellness websites or sending us email, you are communicating with us electronically. By communicating with us electronically, you agree that:
- We may communicate with you electronically by email, or as appropriate, by posting general notices on the Consumer Health and Wellness websites;
- All notices, disclosures, and other communications that we send you electronically satisfy any legal requirement that such communications be in writing; and
- Any notices are deemed to be given and received on the date we transmit any electronic communication as described above.
The Consumer Health and Wellness websites may contain:
- References to names, marks, data, content, products, or services of third parties;
- Links to third-party websites; and
- Descriptions of services and products provided by third parties.
If you choose to deal with third parties, you agree that you have a direct relationship with them and are solely responsible for any such dealings. If you have concerns with any third-party website, please address them with the administrator of that website.
- No Warranties.
The Consumer Health and Wellness websites are for entertainment purposes only. We make no guarantee about the accuracy or reliability of the content, materials, features, and services on the sites.
WE DO NOT WARRANT THAT THE CONSUMER HEALTH AND WELLNESS WEBSITES OR ANY CONTENT, MATERIALS, FEATURES, OR SERVICE ON THEM WILL BE ERROR-FREE, UNINTERRUPTED, PROVIDE YOU WITH SPECIFIC RESULTS, OR BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE CONTENT, MATERIALS, FEATURES, AND SERVICES ON THE CONSUMER HEALTH AND WELLNESS WEBSITES ARE PROVIDED “AS-IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT, AND SATISFACTORY QUALITY. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY USE OR MISUSE OF THE CONTENT AND SERVICES PROVIDED ON OR THROUGH THE CONSUMER HEALTH AND WELLNESS WEBSITES AND FOR COMPLIANCE WITH ALL LAWS APPLICABLE TO SUCH USE.
YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW THAT PRECLUDE OR LIMIT THE EXCLUSION AND DISCLAIMERS ABOVE.
- Limitation of Liability.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WILL BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE CONSUMER HEALTH AND WELLNESS WEBSITES OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH THEM, INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS, OR LOSS OR CORRUPTION OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DISCLAIMER SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW THAT PRECLUDE OR LIMIT THE EXCLUSION AND DISCLAIMERS ABOVE.
IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT OR MATERIALS ON THE CONSUMER HEALTH AND WELLNESS WEBSITES, OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH THEM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE CONSUMER HEALTH AND WELLNESS WEBSITES.
THE FOREGOING DISCLAIMER SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
Without limiting any other rights and remedies available to us, we reserve the right, in our sole discretion and without prior notice, to end your access to the Consumer Health and Wellness websites or block your future access to the sites for any reason.
These remedies are in addition to any other remedies we may have at law or in equity.
- Force Majeure.
- Applicable Law.
You agree that all matters relating to your access to or use of the Consumer Health and Wellness websites, including all disputes, will be governed by the laws of the United States and by the laws of the State of Ohio, without regard to its conflicts of laws rules. YOU AGREE TO THE PERSONAL JURISDICTION BY AND VENUE IN THE STATE AND FEDERAL COURTS OF THE STATE OF OHIO, HAMILTON COUNTY. YOU ALSO WAIVE ANY OBJECTIONS TO SUCH JURISDICTION OR VENUE.
- Contract Interpretation.