Terms of Service

Last Updated: 06/11/2018

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY DOWNLOADING THE APPLICATION OR ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD THE APPLICATION OR USE THE SERVICE. inHealth Strategies LLC’s ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THESE TERMS, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS ARE CONSIDERED AN OFFER BY inHealth Strategies, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

Welcome to inHealth Strategies, LLC’s (“Our”, “We”, “Us”, or “inHealth Strategies”) inHealth app mobile device software application (the “Application” or the “APP”) and the mobile or web services and sites provided by inHealth Strategies in connection with the Application (collectively, the “Service”). These Terms of Service provide the terms and conditions upon which inHealth Strategies provides the Service and licenses to you the use of the Application (the “Terms Of Service”).

Pre-arbitration clause

IMPORTANT: BY AGREEING TO THESE TERMS OF SERVICE YOU AGREE TO RESOLVE DISPUTES WITH inHealth Strategies THROUGH BINDING ARBITRATION (AND WITH VERY LIMITED EXCEPTIONS, NOT IN COURT), AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS, AS DETAILED IN GENERAL TERMS SECTION 5 (AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER).

All capitalized terms used and not otherwise defined herein shall have the meaning ascribed to them in inHealth Strategies’ Privacy Policy (“Privacy Policy”).

Any version of these Terms of Service in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

A. APP TERMS OF SERVICE

1. Accepting these Terms of Service

If you access or use the Service, it means you agree to be bound by all of the terms below. So, before you use the Service, please read all of the terms. If you don’t agree to all of the terms below, please do not use the Service. Also, if a term does not make sense to you, please let us know by emailing support@inhealth4change.com.

2. Changes to these Terms of Service

We reserve the right to modify these Terms of Service at any time. For instance, we may need to change these Terms of Service if we come out with a new feature or for some other reason.

Whenever we make changes to these Terms of Service, the changes are effective immediately after we post such revised Terms of Service (indicated by revising the date at the top of these Terms of Service) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms of Service(such as a click-through confirmation or acceptance button). It is your responsibility to check APP for changes to these Terms of Service.

If you continue to use the Service after the revised Terms of Service go into effect, then you have accepted the changes to these Terms of Service. You should visit the Service regularly to ensure You are aware of the latest version of the Terms of Service, as any revised Terms of Service shall supersede all previous Terms of Service.

inHealth Strategies may modify the Service or discontinue its availability at any time.

3. General

Our Service provides users (“Users”) the ability to view well-being content provided by administrators (“Administrators”) from their company.  Users have the ability to provide information about themselves for the creation of health risk assessments and rewards.  Users can track various health metrics within the app that can be reviewed by a health coach. The Service includes, without limitation, facilitating and hosting of this information and supporting materials.

4. General Disclaimer

We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Administrators or Users, including, but not limited to, any User’s reliance upon any information provided by an Administrator or other User.

We do not control Submitted Content (as defined below) posted on the Service and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Submitted Content. You also understand that by using the Service, inHealth Strategies may expose You to Submitted Content that You consider offensive, indecent, or objectionable. inHealth Strategies has no responsibility to keep such content from You and no liability for Your access or use of any Submitted Content, to the extent permissible under applicable law.

5. Access to the Service

You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with Your access to and use of the Service, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.

6. Privacy Policy

For information about how we collect and use information about users of the Service, please check out Our Privacy Policy available at https://inhealth4change.com/privacy. Any personal information submitted in connection with Your use of the Service is subject to Our Privacy Policy, which is hereby incorporated by reference into these Terms of Service.

7. Creating Accounts

When you create an account or use another service to log in to the Service, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service.

If you discover or suspect any Service security breaches, please let us know as soon as possible.

To use the Service, You will need to register and obtain an account and password. When You register, the information You provide to Us during the registration process will help Us in offering content, customer service, network management and other services. You are solely responsible for maintaining the confidentiality of Your account, UserName, and password (collectively, Your “Account”) and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You must notify Us immediately of any unauthorized use of Your Account and any other breach of security. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying Us of unauthorized access to Your Account.

You may not transfer Your Account to any other person and You may not use anyone else’s Account at any time. In cases where You have authorized or registered another individual to use Your Account, You are fully responsible for (i) the conduct of such individual; (ii) controlling that individual’s access to and use of the Service; and (iii) the consequences of any misuse.

8. Hyperlinks and Third-Party Services

You may create a hyperlink to the Service. But, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.

The Service may give You access to links to third party websites or services (“Third Party Platforms”), either directly or through submitted content. inHealth Strategies does not endorse any of these Third Party Platforms and does not control them in any manner. Accordingly, inHealth Strategies does not assume any liability associated with Third Party Platforms. You need to take appropriate steps to determine whether accessing a Third Party Platform is appropriate, and to protect Your personal information and privacy on such Third Party Platform. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use.

If there is any content on the Service from you and others, we don’t review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.

9. Content, Licenses & Permissions

All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is “Content.” Where inHealth Strategies provides Content to You in connection with the Service, including, without limitation, the software, the products and the site, it is “Company Content”. Content uploaded, transmitted or posted to the Service by a User is “Submitted Content”. Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws. You hereby represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms of Service to inHealth Strategies with respect to Your Submitted Content and that inHealth Strategies shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Your Submitted Content as authorized in these Terms of Service or have any liability to You or any other party as a result of any use or exploitation of Your Submitted Content as authorized in these Terms of Service.

inHealth Strategies hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access and use Submitted Content and Company Content, for which You have paid all required fees, in accordance with these Terms of Service and any conditions. All other uses are expressly prohibited absent Our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Company Content unless We give You explicit permission to do so.

Submitted Content and Company Content is licensed, and not sold, to You. Administrators or Users may not grant You license rights to Submitted Content You access or acquire through the Service and any such direct license shall be null and void and a violation of these Terms of Service.

Notwithstanding the foregoing, We reserve the right to revoke this license to access and use Submitted Content and Company Content granted to You as described above, as further detailed in this APP Terms of Service Section 14 (Termination) below.

INHEALTH STRATEGIES RESPECTS ALL COPYRIGHT, PRIVACY, DEFAMATION AND OTHER LAWS RELATING TO CONTENT AND INFORMATION AND WILL NOT TOLERATE VIOLATION OF SUCH LAWS. NOTWITHSTANDING THE FOREGOING, INHEALTH STRATEGIES DOES NOT SCREEN THE SUBMITTED CONTENT AND ALL USE OF THE SUBMITTED CONTENT BY YOU IS AT YOUR OWN RISK AND INHEALTH STRATEGIES SHALL HAVE NO LIABILITY FOR SUCH USE. IN PARTICULAR, NO REVIEW OR POSTING OR APPEARANCE OF THE SUBMITTED CONTENT ON THE SERVICE OR THROUGH THE SERVICE IS INTENDED TO ACT AS AN ENDORSEMENT OR REPRESENTATION THAT ANY SUBMITTED CONTENT IS FREE OF VIOLATION OF ANY COPYRIGHT, PRIVACY OR OTHER LAWS OR WILL SUIT A PARTICULAR PURPOSE OR BE ACCURATE OR USEFUL. If You believe that Submitted Content of Yours violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is Your responsibility to take such steps You deem necessary to correct the situation. If You believe that Submitted Content of a third party or any Company Content violates any laws or regulations, including, without limitation, any copyright laws, You should report it to inHealth Strategies in accordance with the procedures set out herein.

All rights not expressly granted in these Terms of Service are retained by the Content owners and these Terms of Service do not grant any implied licenses.

You may decide to send us unsolicited ideas, including ideas for new promotions, products, services, applications, technologies or processes or other ideas (collectively, “User Ideas”). You must not transmit any User Ideas to or through the Service or Third Party Platforms, or to Us through e-mail, that You consider to be confidential or proprietary. You agree that We shall not be required to treat any User Ideas as being confidential or proprietary. You are responsible and liable for any User Ideas You submit. You agree that by submitting User Ideas to Us, including any concepts, know-how or ideas, You hereby grant Us a perpetual, worldwide, non-exclusive, royalty- free, sublicenseable and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of and display the User Ideas in connection with the Service, and for inHealth Strategies’ (and its successor’s) business, including without limitation, for promoting and redistributing part or all of the User Ideas (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to You or others. We are under no obligation to evaluate, review, or use any User Idea.

10. Your Content & Conduct

Our Service allows you and other users to post, link and otherwise make available content. You are responsible for the content that you make available to the Service, including its legality, reliability, and appropriateness.

When you post, link or otherwise make available content to the Service, you grant us and those we work with the right and license to use, reproduce, modify, publicly perform, publicly display and distribute your content on or through the Service. We may format your content for display throughout the Service, but we will not edit or revise the substance of your content itself.

Aside from our limited right to your content, you retain all of your rights to the content you post, link and otherwise make available on or through the Service.

All of Your use, access and other activities relating to the Service must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. Further, access to Our Service from territories where their contents are illegal is prohibited. Those who choose to access or use the Service from locations outside of the United States do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, e-mail, or privacy. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside. If You use the Service or Third Party Platforms from countries outside of the United States You must agree to abide by all local rules regarding online conduct and acceptable content.

You may only access the Service for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your use of the Service. You agree not to use the Service or the Company Content (as defined below) to recruit, solicit, or contact in any form, current or potential users for employment or contracting for a business not affiliated with Us without Our advance written permission, which may be withheld in Our sole discretion. You assume any and all risks from any meetings or contact between You and any Administrators or other Users of the Service.

You may not post, link and otherwise make available on or through the Service any of the following:

  • Content or information that is inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous;
  • Content that is illegal or unlawful, that would otherwise create liability;
  • Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party;
  • Unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Service; and
  • Private information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers and credit card numbers).

Also, you agree that you will not do any of the following in connection with the Service or other users:

  • Copy, modify, reverse engineer, reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from, deface, tarnish, mutilate, hack, interfere with, or otherwise
  • use and exploit any Company Content or Submitted Content except as permitted by these Terms of Service;
  • Reverse engineer or access the Service in order to build a competitive product or service;
  • Frame or embed the Service to circumvent the Service;
  • Introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or operation thereof;
  • Scrape, data mine, spider, use a robot or other automated means of any kind to access the Service;
  • Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;
  • Use the Service other than for its intended purposes
  • Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Gain unauthorized access to another person’s Account.
  • Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Service;
  • Create an account or post any content if you are not over 18 years of age years of age; and
  • Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, users of the Service, or third parties.

11. Copyright Complaints

In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/pl105-304.pdf, and other applicable laws, inHealth Strategies has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of users who are deemed to be repeat infringers. inHealth Strategies may also, at its sole discretion, limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. inHealth Strategies will respond to claims of copyright infringement committed on the Service that are reported to inHealth Strategies’ Designated Copyright Agent, identified in the sample notice below.

If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement and delivering it to inHealth Strategies’ Designated Copyright Agent. Upon receipt of the Notice as described below, inHealth Strategies will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.

DMCA Notice of Alleged Infringement (“Notice”):

  1. Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material that you claim is 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, including at a minimum, if applicable, the URL of the link shown on the Services where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice: (i) “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”; and (ii) “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  5. Provide your full legal name and your electronic or physical signature.
  6. Deliver this Notice, with all items completed, to inHealth Strategies’ Designated Copyright Agent:

Agent: Stephanie Mills

Address: inHealth Strategies, LLC, 1 Centerpointe Drive

City, State, Zip: La Palma, CA 90623

Email: support@inhealth4change.com

12. Trademarks

The trademarks, service marks, and logos (the “Trademarks”) used and displayed through Our Service or in any Company Content are Our registered or unregistered Trademarks or of Our suppliers or third parties and are protected pursuant to U.S. and foreign trademark laws. All rights are reserved and You may not alter or obscure the Trademarks, or link to them without Our prior approval.

13. Electronic Notices

By using Our Service or communicating with inHealth Strategies, You agree that inHealth Strategies may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the Service or these Terms of Service. If inHealth Strategies learns of a security system’s breach, inHealth Strategies may attempt to notify You electronically by posting a notice through the Service or sending an email to You. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw Your consent from receiving electronic notice), please write to inHealth Strategies at support@inhealth4change.com. Notice will be deemed given twenty-four hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, inHealth Strategies may give You legal notice by mail to a postal address, if provided by You through Your use any of the Service. In such case, notice will be deemed given three days after the date of mailing.

14. Termination

inHealth Strategies reserves the right to terminate, suspend, modify, or delete, at Our sole discretion, any (a) Submitted Content, Company Content, File Uploads, or any Service; and (b) Your access to Our Service or Your Account, as follows:

  1. If You breach or violate any of these Terms of Service or any of Our applicable policies, as posted on Our Service from time to time, inHealth Strategies may take action immediately without prior notice to You. If We take action pursuant to this section, We shall not have any liability to You for any item You may have purchased nor for any other use of Our Service associated with Your Account. For avoidance of any doubt, You understand and agree that You will not be compensated nor be eligible for any refund under any circumstances for any such access lost to Our Service, including without limitation to items You may have purchased;
  2. We may also take action for any reason or no reason, in which case We will provide prior notice to You. If We take action pursuant to this section, We will flag your account for termination. At Our discretion, we may provide You with a three (3) month period of access before Your account is terminated. If We take action pursuant to this section, unless otherwise provided in these Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;

You may terminate Your use of the Service at any time, either by ceasing to access them, by following the steps set forth in Our Privacy Policy and subject to the terms therein. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law. Upon termination, You must cease all use of the Service and Content. Any accrued rights to payment, Section 4 of this APP Terms of Service, the General Terms set forth below, and all representations and warranties shall survive termination.

15. Questions & Contact Information

Questions or comments about the Service may be directed to us at the email address support@inhealth4change.com.

B. GENERAL TERMS

1. Warranty Disclaimer

THE SERVICE, COMPANY CONTENT, SUBMITTED CONTENT, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE USE OF THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INHEALTH STRATEGIES AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. INHEALTH STRATEGIES AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, THE SUBMISSIONS, THE SERVER(S) ON WHICH THE SERVICE IS HOSTED, OR ANY SERVICES AVAILABLE ON ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF INHEALTH STRATEGIES OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE THROUGH THE USE OF THE SERVICE, OR ON THIRD PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK.

2. Limitation of Liability

NEITHER INHEALTHSTRATEGIES NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE AND/OR MATERIALS, INCLUDING ANY MATERIALS AVAILABLE THROUGH ANY THIRD PARTY PLATFORM, SUBMISSIONS, ANY LINKED WEBSITES OR ANY CODE, PRODUCT OR SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE SERVICE OR ANY THIRD PARTY PLATFORM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE, MATERIALS, INCLUDING ANY PRODUCTS OR SERVICES AVAILABLE THROUGH ANY THIRD PARTY PLATFORM, SUBMISSIONS OR ANY LINKED WEBSITES IS TO STOP USING THE SERVICES, MATERIALS, SUBMISSIONS, PRODUCTS, OR LINKED WEBSITES, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM CUMULATIVE LIABILITY TO INHEALTH STRATEGIES FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO INHEALTH STRATEGIES FOR USE OF THE  IN THE PRECEDING TWELVE (12) MONTHS, IF ANY, TO ACCESS OR USE THE SERVICE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND INHEALTH STRATEGIES OR A REPRESENTATIVE OF INHEALTH STRATEGIES CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. MULTIPLE CLAIMS WILL NOT INCREASE THE MONETARY DAMAGES LIMIT STATED HEREIN. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS OF SERVICE SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Inaccuracies. A possibility exists that the Services provided on any Third Party Platform could include inaccuracies or errors, or information or materials that violate these Terms of Service. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Services available on any Third Party Platform. Although INHEALTH STRATEGIES attempts to ensure the integrity of the Services on Third Party Platforms, we make no guarantees as to the Services’ completeness or correctness. In the event that a situation arises in which the Services’ completeness or correctness is in question, please submit a request to privacy@inhealth4change.com (with the subject line “Inaccuracies in Services on Third Party Platform Name”) with, if possible, a description of the Services to be checked and the location (URL) where such Services can be found on Our Service or Third Party Platform at issue, as well as information sufficient to enable Us to contact You. We will try to address Your concerns as soon as reasonably practicable. For copyright infringement claims, see our Intellectual Property Policy.

System Outages. INHEALTH STRATEGIES periodically schedules system downtime for the Service for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that INHEALTH STRATEGIES has no responsibility and is not liable for: (a) the unavailability of the Service including services available on Third Party Platforms; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Service, any Internet service providers, any Third Party Platforms, or any Internet facilities and networks.

3. Indemnification

You hereby indemnify, defend and hold harmless inHealth Strategies, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of Your actual or alleged breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You under this General Terms Section 3 (Indemnification), and in such case, You agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.

Notice for California Users. Under California Civil Code Section 1789.3, California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Statute of Limitations and Prescription. Any claim or cause of action arising out of or related to use of the Service, the Terms of Service, or any services or information available through Third Party Platforms, must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1-year period, such claim or cause of action are forever barred.

4. Governing Law

These Terms of Service and Your use of the Service shall be governed by the substantive laws of the State of California without reference to its choice or conflicts of law principles that would require the application of the laws of another jurisdiction, and shall be considered to have been made and accepted in the State of Louisiana.

5. Agreement to Arbitrate and Class Action Waiver

THIS SECTION ONLY APPLIES TO USERS IN THE US AND CANADA.

Before bringing a formal legal case, please first try contacting our support team at support@inhealth4change.com. Most disputes can be resolved that way.

a. We Both Agree to Arbitrate. If we can’t resolve our dispute amicably, You and inHealth Strategies agree to resolve any claims relating to these Terms of Service, or any of Our other terms posted on Our Service from time to time, through final and binding arbitration. This applies to all kinds of claims under any legal theory. Either of Us can bring a claim in small claims court either in LaPalma, California or the parish or county where You live, or some other place we both agree on, if it qualifies to be brought in that court. In addition, if You or inHealth Strategies brings a claim in court that should be arbitrated or any of Us refuses to arbitrate a claim that should be arbitrated, the other of Us can ask a court to force Us to go to arbitration to resolve the claim (i.e., compel arbitration). You or inHealth Strategies may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

b. No Class Actions. We all agree that we can only bring a claim against each other on an individual basis. That means: (a) neither You nor inHealth Strategies can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; (b) an arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this); (c) an arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other Users, and cannot be used to decide other disputes with other Users. If a court decides that this subsection on “No Class Actions” is not enforceable or valid, then this entire General Terms Section 5 (Agreement to Arbitrate and Class Action Waiver) will be null and void, but, the rest of the Terms of Service will still apply.

c. The Arbitration Process. Any disputes between You and inHealth Strategies relating to the Service that involve a claim of less than US$10,000 must be resolved exclusively through binding non-appearance- based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, You and inHealth Strategies agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any disputes between You and inHealth Strategies relating to the Service that involve a claim of less than US$10,000 must be resolved in accordance with the AAA’s rules about whether the arbitration hearing has to be in-person.

d. Jurisdiction for Legal Disputes Not Subject to Arbitration. If the Agreement to Arbitrate is determined to be invalid or unenforceable or for any disputes that do not qualify for arbitration, the dispute shall be subject to the exclusive jurisdiction of the Federal and State courts located in Orange County, California. You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.

e. Changes. Notwithstanding the provisions of the modification-related provisions above, if inHealth Strategies changes this “Agreement to Arbitrate and Class Action Waiver” section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by providing inHealth Strategies written notice of such rejection by mail or hand delivery to: inHealth Strategies, LLC 1 Centerpointe Drive, Suite 200, La Palma, CA, 90623 or by email from the email address associated with your Account to: support@inhealth4change.com within 30 days of the date such change became effective, as indicated by the “last updated on” language above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Agreement to Arbitrate and Class Action Waiver” section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and inHealth Strategies in accordance with the provisions of this “Agreement to Arbitrate and Class Action Waiver” section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

6. Entire Agreement

These Terms of Service and any policies applicable to You posted on Our Service constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

7. Severability

If any provision of these Terms of Service is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions of these Terms of Service.

8. Waiver

A provision of these Terms of Service may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of inHealth Strategies to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

9. Notice

Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.

10. No Agency

Nothing in these Terms of Service shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither inHealth Strategies nor any other party to these Terms of Service shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.