These Terms of Service constitute a legally binding agreement (the “Agreement”) between you (“you” or “user”) and Health Plan G, LLC. (“HPG,” “we,” “us” or “our”) governing your use of the Health Plan G applications, website and content (www.HealthPlanG.com
, hereinafter known as “Site”), health and wellness programs (*PlanG programs, hereinafter known as “Services”) and technology platform; (collectively known as the “HPG Platform”).
THE SECTION BELOW TITLED “DISPUTE RESOLUTION” CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
No Medical Advice
You acknowledge and agree that HPG does not provide any form of medical care, medical opinion, medical advice, diagnosis, or treatment, and that HPG does not evaluate the need to seek medical attention, through the Site and the Services. The Site, the Services and the content are for informational purposes only, and are not intended as a substitute for professional medical advice, diagnosis, or treatment. You should not use the information on the Site for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. Always seek the advice of your physician or other qualified health provider before taking any medication or nutritional, herbal or homeopathic supplement and with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site, the Services and/or the content.
If you think you may have a medical emergency, call your doctor or 911 immediately.
Reliance on the Site, the Services and the content is solely at your own risk. Information provided on the Site and the use of any products or services purchased from our Store by you DOES NOT create a doctor-patient relationship between you and any of the health professionals affiliated with our Site. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
HPG’s community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the HPG Platform, you hereby agree to comply with these community rules and that:
- You will comply with all applicable laws in your use of the HPG Platform and will not use the Site and the Services for any unlawful purpose;
- You will not access or use the Site and the Services to collect any market research for a competing business;
- You will not upload, post, e-mail, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
- in HPG’s discretion, is inappropriate; or
- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;
- You will not “stalk” or otherwise harass another;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Site or the Services;
- You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Site, or the Services;
- You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Site, or the Services, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
- You will not use meta tags or any other "hidden text" utilizing a HPG name, trademark, or Product name without HPG’s express written consent;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
- You will not interfere with or attempt to interrupt the proper operation of the Site and the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website and the Services through hacking, password or data mining, or any other means; and
- If you find something that violates our Community Guidelines, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Site and the Services, or any portion of the Site and the Services, without notice, and to remove any comments that do not adhere to these guidelines.
Store and Sales Policies
), a 3rd
Party Credit Processing company. Therefore, HPG is not responsible or liable for damages or losses that arise as a result of the processing of your credit card.
All sales and purchases in the Store are final. However, if you have an issue with a purchase made through our Store, please contact us, and on a case-by-case basis, in HPG’s sole discretion, we may offer a refund or return to you in certain circumstances.
No Warranties/Limitation of Liability
The site, the store, the products, the content, the submissions, and the services are provided on an “as is” and “as available” basis without any warranties of any kind. We disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose, any warranties arising from a course of dealing, course of performance, or usage of trade.
In connection with any warranty, contract, or common law tort claims: (i) we shall not be liable for any incidental or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use or inability to access and use the services, or the content, even if we have been advised of the possibility of such damages; and (ii) any direct damages that you may suffer as a result of your use of the services, or the content shall be limited to the monies you have paid us in connection with your use of the services during the three (3) months immediately preceding the events giving rise to the claim.
Some jurisdictions do not allow the exclusion of certain warranties. Therefore, some of the above limitations on warranties in this section may not apply to you.
The website and the services may contain technical inaccuracies or typographical errors or omissions. We are not responsible for any such typographical, technical, or pricing errors listed on the website and the services. We reserve the right to make changes, corrections, and/or improvements to the website and the services at any time without notice.
We reserve the right to cancel or modify an order where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the order contains or resulted from a mistake or error.
You should always consult your physician or medical advisors before starting any diet, exercise, or supplementation program. In addition, you should carefully read all information provided by the manufacturers of the products or in the product packaging and labels before using any product purchased from our websites. Information provided on the website and the use of any services purchased from our website by you does not constitute a doctor-patient relationship between you and any of the health professionals affiliated with our websites. Information and statements regarding dietary supplements have not been evaluated by the food and drug administration and are not intended to diagnose, treat, cure or prevent any disease.
Disruption of Service
HPG is not responsible or liable for any damages or losses, real or perceived, that you may incur if the Site, Store or Services are interrupted. HPG will work to get the Site and Services back online as soon as HPG is capable, in HPG’s discretion. You agree that you will not bring any action, claim, demand, suit, or proceeding (whether legal or administrative) against HPG that would arise from an interruption in the Site, Store or Services.
The Site and the Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
All intellectual property rights in the HPG Platform shall be owned by HPG absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the HPG Platform are the property of their respective owners.
You acknowledge and agree that any questions, comments, suggestions, ideas, posts, journal entries, pictures, feedback or other information (“Submissions”) provided by you on the HPG Platform are non-confidential. You retain ownership in any intellectual property rights arising from your Submissions, however, you agree to grant HPG a world-wide, unrestricted, irrevocable and perpetual license in all intellectual property rights in your Submissions. You acknowledge and agree that HPG shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
HPG and other HPG logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of HPG in the United States and/or other countries (collectively, the “HPG Marks”). HPG grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the HPG Marks solely in connection with the Services from the HPG Platform (“License”)(ie: sharing Assessment results on Social Media such as Facebook). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without HPG’s prior written permission, which it may withhold in its sole discretion. The HPG Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that HPG is the owner and licensor of the HPG Marks, including all goodwill associated therewith, and that your use of the HPG Marks will confer no additional interest in or ownership of the HPG Marks in you but rather inures to the benefit of HPG. You agree to use the HPG Marks strictly in accordance with HPG’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that HPG determines to nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that incorporate the HPG Marks or any derivatives of the HPG Marks other than as expressly approved by HPG in writing; (2) use the HPG Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the HPG Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair HPG’s rights as owner of the HPG Marks or the legality and/or enforceability of the HPG Marks, including, without limitation, challenging or opposing HPG’s ownership in the HPG Marks; (4) apply for trademark registration or renewal of trademark registration of any of the HPG Marks, any derivative of the HPG Marks, any combination of the HPG Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the HPG Marks; (5) use the HPG Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License and/or revocation of your Account and permission to use the HPG Platform, in HPG’s sole discretion. If you create any materials bearing the HPG Marks (in violation of this Agreement or otherwise), you agree that upon their creation HPG exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the HPG Marks or derivative works based on the HPG Marks. You further agree to assign any interest or right you may have in such materials to HPG, and to provide information and execute any documents as reasonably requested by HPG to enable HPG to formalize such assignment.
HPG respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that your work has been copied on the HPG Platform in a way that constitutes copyright infringement, please email Privacy@HealthPlanG.com
and provide our agent with notice in accordance with the requirements of the Act, including
Compliance with Applicable Laws
- a description of the copyrighted work that has been infringed and the specific location on the Website and/or the Services where such work is located;
- a description of the location of the original or an authorized copy of the copyrighted work;
- your address, telephone number and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
The Website and the Services are based in the United States. We make no claims concerning whether the content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the HPG Platform from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Termination of the Agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site and/or Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.
You will indemnify, defend and hold harmless Health Plan G, LLC and its employees, officers, directors and agents (collectively "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys' fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to the use of the Services, including any violation of the Health Plan G Terms of Service.
Any controversy or claim arising out of or relating to the use of HealthPlanG.com, the Site, Store, Services, HPG Platform or its affiliated sites shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules The arbitration hearing shall take place in Denver, CO before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
The arbitrator shall only require the parties to disclose documents that they intend to rely on in presentation of their case at the hearing. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation.
The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual damages.
Each party shall bear its own costs, fees and expenses of arbitration.
The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management and to family members of a party who is an individual.
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS CUSTOMER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
This Agreement is governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws provisions. If this Agreement is terminated for any reason, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “No Warranties/Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” “Dispute Resolution,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicenses.