THE CONTENT ON AND IN OUR WEBSITE AND THE ASSOCIATED PROGRAMS ARE NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH OUR WEBSITE IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON OR IN OUR WEBSITE. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
VAL Health receives information about you and your actions related to programs that you are involved with from third parties who organize the involved programs and pay for its costs and any rewards ("Sponsors"). This information is used to determine whether and how you might earn rewards. You agree that VAL Health is not responsible for any inaccuracies or errors that affect the accuracy of any of these rewards.
Prior to your use of the VAL Health Services and on an ongoing basis you represent, warrant, covenant and agree that:
(1) you are of legal age to form a binding contract and are not a person barred from receiving the VAL Health Services under the laws of the United States or other applicable jurisdiction;
(2) you will: (a) provide true, accurate, current and complete information about yourself as prompted by the VAL Health Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or VAL Health has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, VAL Health has the right to suspend or terminate your account and refuse any and all current or future use of the VAL Health Services (or any portion thereof);
(3) VAL Health may receive information about you from Sponsors relating to your participation in and performance of various health behaviors. This information is an essential requirement for the operation of the VAL Health Services;
(4) you are solely responsible for any applicable taxes which may be payable on cash or prizes awarded to you through your using the VAL Health Services; and
(5) the telecommunications networks and Internet access services required for you to access and use the VAL Health Services are entirely beyond the control of VAL Health and VAL Health shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same.
You will receive a password and account designation at the start of the VAL Health Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify VAL Health of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. VAL Health cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You understand that the VAL Health Services and software embodied within the VAL Health Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by VAL Health and/or content providers who provide content to the VAL Health Services. You may not attempt to override or circumvent any of the usage rules embedded into the VAL Health Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the VAL Health Services, in whole or in part, is strictly prohibited.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the VAL Health Services.
You acknowledge that VAL Health may establish general practices and limits concerning use of the VAL Health Services, including without limitation the maximum number of times and the maximum duration for which you may access the VAL Health Services in a given period of time. You acknowledge that VAL Health reserves the right to close accounts after a given program has run, or that are inactive for an extended period of time. You further acknowledge that VAL Health reserves the right to modify these general practices and limits from time to time.
VAL Health reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the VAL Health Services (or any part thereof) with or without notice. You agree that VAL Health shall not be liable to you or to any third party for any modification, suspension or discontinuance of the VAL Health Services (or any part thereof).
Termination of your VAL Health account includes any or all of the following: (a) removal of access to all or part of the offerings within the VAL Health Services, (b) deletion of your password and associated information, (c) barring of further use of all or part of the VAL Health Services, and (d) loss of eligibility to win or receive rewards.
You acknowledge and agree that the VAL Health Services and any necessary software and associated communications used in connection with the VAL Health Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in advertisements or information presented to you through the VAL Health Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by VAL Health or the applicable licensor (such as a client or an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the VAL Health Services, in whole or in part.
You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the VAL Health Services. You agree not to access the VAL Health Services by any means other than through the interface that is provided by VAL Health for use in accessing the VAL Health Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE VAL HEALTH SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE VAL HEALTH SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. VAL HEALTH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. VAL HEALTH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE VAL HEALTH SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE VAL HEALTH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE VAL HEALTH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE VAL HEALTH SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; (v) THE INFORMATION PROVIDED BY SPONSORs WILL BE ACCURATE; AND (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE VAL HEALTH SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTh4>, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VAL HEALTH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VAL HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE VAL HEALTH SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE VAL HEALTH SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE VAL HEALTH SERVICE.
REWARDS RELATED TO THE VAL HEALTH SERVICE ARE PAID BY SPONSORS, NOT VAL HEALTH, AND YOU AGREE THAT VAL HEALTH IS NOT RESPONSIBLE FOR THE TIMELY OR ACCURATE PAYMENT OF ANY REWARDS.
You agree that all of VAL Health's trademarks, trade names, service marks and other VAL Health logos and brand features, and product and service names are trademarks and the property of VAL Health, LLC (the "VAL Health Marks"). Without VAL Health's prior permission, you agree not to display or use in any manner the VAL Health Marks.
. You agree that your VAL Health account is non-transferable and any rights to your VAL Health account terminate upon your death.