EveryBODY Get Healthy

Terms of Use

Table of Contents

1. Welcome to EveryBODY Get Healthy ("EGH")

The EveryBODY Get Healthy Web site and program (collectively referred to herein as "EGH") are owned, operated, and maintained by Finity, Inc. ("Finity").

2. By using this site, you agree to these Terms of Use

By using this site, you are agreeing to be bound by these Terms of Use, including any changes that may be made from time to time. Any changes to these Terms of Use take effect upon being posted.

IF YOU DO NOT WISH TO BE BOUND BY THE EGH TERMS OF USE, EXIT THE SITE NOW.

3. You are also subject to the EGH Privacy Policy

We are committed to protecting your privacy when you use this site. You can review our privacy policies and practices in the EGH Privacy Policy.

IF YOU DO NOT WISH TO BE BOUND BY THE EGH PRIVACY POLICY, EXIT THE SITE NOW.

4. You may also be bound by other terms and conditions

While using EGH, you may also be subject to the terms and conditions and privacy policy set forth by an employer, health plan, employee benefits administrator, or other entity ("sponsoring entity").

5. Use of EGH is SOLELY AT YOUR OWN RISK

Your use of EGH is SOLELY AT YOUR OWN RISK. The information made available through EGH is drawn from sources that are believed to be reliable, but is not guaranteed to be accurate, timely, complete, or appropriate for any particular individual or circumstance. EGH is intended to be used for general informational purposes only and should not be construed as health, medical, financial, legal, tax, or other advice. Under no circumstances is Finity to be construed as a plan fiduciary, benefits provider, health professional, medical advisor, or health advisor.

6. EGH IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE

EGH does not provide medical advice, diagnosis, or treatment, and should not be relied upon as a substitute for professional medical advice, diagnosis, or treatment. IF YOU HAVE A MEDICAL EMERGENCY, CALL 911 or go to an emergency care facility.

You should consult your primary care provider or other qualified healthcare professional before participating in any exercise, dietary, health coaching, or wellness-related program or activities, whether or not you have a known health condition or risk factors. Regular check-ups and care from a qualified healthcare professional are important to any health and wellness regimen.

Health coaching may be offered through EGH as part of a general wellness program. It is not a substitute for professional medical care. If you participate in health coaching, you do so SOLELY AT YOUR OWN RISK.

7. No warranties are provided with EGH

EGH is provided AS IS and AS AVAILABLE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

FINITY EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES THAT MAY RESULT FROM USING OR PARTICIPATING IN EGH, including, without limitation, any damages in connection with any economic loss, physical or mental illness, or recurrence of pre-existing physical or mental illness, injury, or death.

FINITY FURTHER DISCLAIMS ANY GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE. We are not liable for any damage or injury to persons or property that may result from your use of the site. We make no warranty as to the reliability or accessibility of any portion of the site. We disclaim any warranty or guarantee that the site will be error-free or that the servers that make the site available are free of viruses or other harmful components. We disclaim any liability for any delay, failure, interruption, corruption, or loss of any data or other information transmitted in connection with your use of the site.

8. Our limitation of liability

By using or participating in EGH, you agree to release Finity and its affiliated companies and subsidiaries, officers, directors, employees, contractors, and agents 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 your use of or participation in any portion of EGH, including third-party services such as health coaching, biometrics screening, health assessment, rewards fulfillment, etc.

In no event shall Finity be liable for any costs, damages, expenses, injury, illness, death, economic loss, or other outcome (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption), that may result from your use or inability to use EGH, whether based on warranty, contract, tort, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

9. Sponsoring entity's limitation of liability

By using EGH, you agree that in no event shall any sponsoring entity be liable for any direct, indirect, consequential, incidental, punitive, special, or exemplary damages, injury, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that arise from your use of or participation in EGH, including third-party services such as health coaching, biometrics screening, health assessment, rewards fulfillment, etc. In no event shall a sponsoring entity be liable for any injury, illness, death, economic loss, or other outcome that may result from your use of or participation in EGH.

10. Consequential damages waiver

IN NO EVENT SHALL FINITY BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST DATA OR INFORMATION, ANY COSTS OR EXPENSES FOR THE PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT DAMAGES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EVEN IF THE POSSIBILITY THEREOF MAY BE KNOWN IN ADVANCE.

11. Indemnification

By using EGH, you agree to hold Finity and its officers, directors, agents, employees, and contractors harmless from and against any claims, actions, demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to have resulted from, your use of this site.

12. Your use of EGH may be terminated by Finity

Finity expressly reserves the right to terminate your use of EGH at any time without prior notice.

13. Compliance with HIPAA, the HITECH Act, and GINA

EGH is designed to comply with the applicable non-discrimination and privacy provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act), and the Genetic Information Nondiscrimination Act of 2008 (GINA).

14. Rewards rules and restrictions

EGH may include a reward or incentive component. The rules and restrictions described below apply to all EGH points and rewards.

a. EGH program must be in good standing

If EGH is made available by a sponsoring entity, that entity's EGH program must be in full effect and good standing at the time any rewards or incentives are redeemed. If you or the sponsoring entity has terminated or cancelled your plan, or if EGH payments are not current, all accumulated rewards and incentives are simultaneously terminated or cancelled.

b. Rewards are subject to change

EGH incentives, points, and rewards are SUBJECT TO CHANGE, TERMINATION, CANCELLATION, OR SUBSTITUTION AT ANY TIME WITHOUT NOTICE TO YOU. Finity expressly reserves the right to substitute a similar reward in the event that the reward is unavailable for any reason.

Incentives, points, and rewards cannot be redeemed unless you have met all requirements set by EGH and the sponsoring entity.

If a reward consists of a retail gift certificate or gift card, you may be subject to additional terms and conditions from the retailer. Finity has no control over and is not responsible for any rules and restrictions issued by the retailer.

c. Your information must be complete and accurate

You must submit complete and accurate information to be eligible for rewards. By redeeming points or rewards, you are certifying that the information submitted by you is, to the best of your knowledge, factual, complete, and accurate. This includes any information provided on your behalf by your spouse, dependents, employer, health plan, benefits provider, and health coaches.

Any dishonesty, fraud, or attempted fraud in connection with the incentives, rewards, and points will result in all points and rewards being forfeited. Finity expressly reserves the right to pursue legal action in the event of dishonesty, fraud, or attempted fraud in connection with EGH.

15. Chat rooms and discussion forums are not moderated

EGH may include links to chat rooms or discussion forums that are unmoderated. Your participation or use is SOLELY AT YOUR OWN RISK and DOES NOT CONSTITUTE MEDICAL CARE, ADVICE, DIAGNOSIS, OR TREATMENT. Finity expressly reserves the right to terminate chat room or discussion forum privileges of any user without any notice.

16. Intellectual property ownership

Unless otherwise indicated, EGH is the exclusive intellectual property of Finity, Inc. and is protected by United States and international copyright and other intellectual property laws. We expressly reserve all rights, title, and interest in Finity's intellectual property.

Nothing contained in these Terms of Use should be construed as granting any license or right to use any EGH trademark or other intellectual property without the prior written permission of Finity.

17. Third-party content and services

EGH may include content, tools, products, and services provided either directly or indirectly by third parties. Finity does not endorse or control and is not responsible for any such third-party content that may be linked to or from EGH. Your use of any third-party content may be governed by different Terms of Use and Privacy Policies. We recommend that you review the Terms of Use and Privacy Policy of each third-party entity.

18. Unauthorized copying or use of EGH is prohibited

You are expressly prohibited from copying, reproducing, or redistributing, in whole or in part, or removing or altering EGH, whether in whole or in part, including but not limited to copyrights, trademarks, service marks, trade names, logos, or other proprietary information or intellectual property.

19. Governing jurisdiction

These Terms of Use are governed by the internal substantive laws of the State of Oregon, without respect to its conflict of laws principles. Your use of EGH constitutes your express consent that the exclusive jurisdiction for any dispute arising from or in any way related to your use of EGH resides in the courts of Multnomah County in the State of Oregon. You further expressly consent to the exercise of personal jurisdiction in the courts of Multnomah County in the State of Oregon in connection with any such dispute, including any claim involving Finity or our affiliates, subsidiaries, employees, contractors, officers, directors, and telecommunication providers.

20. Severability

In the event that any provision of these Terms of Use is found to be invalid by a court of competent jurisdiction, that provision shall be deemed invalid or modified as required by such court, and the remainder of the Terms of Use shall remain in full force and effect.

21. Waiver

No waiver of any part of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

22. Entire Agreement

These Terms of Use and Finity's Privacy Policy constitute the entire agreement with respect to your use of EGH, subject to any additional terms and conditions imposed by your employer, health plan, employee benefits administrator, or rewards retailer.

23. Survival

Sections 1 through 22 will survive any termination or modification of these Terms of Use.

24. Contact

If you have questions or concerns about these Terms of Use, you can contact us by e-mail at legal@finity.com

Copyright © 2010-2017 Finity, Inc. All Rights Reserved.