Terms and Policies

The following terms apply to your use of the Consumer Engagement Websites and related services, which are brought to you by the named Licensee. Additional terms, if any, will be available with the relevant services, and those additional terms become part of your agreement if you use those services. The Consumer Engagement Websites and services are hosted and conducted in the United States for U.S. consumers over the age of 13. No authorization is provided for use of the Consumer Engagement Websites outside the United States or for use by those who are under the age of 13. This Website does not provide medical advice. Call 911 if there is a medical emergency.

CONTENT POLICY
All content posted on the Consumer Engagement Websites is the responsibility of the party posting such content. Participation on the Consumer Engagement Websites by a party does not imply endorsement of any other party’s content, products, or services. CONTENT MUST NOT BE USED FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. See additional information.
All trademarks, brands, and content on the Consumer Engagement Websites are the property of their respective owners. Use of the content is governed by the Terms of Use.
The Consumer Engagement Websites and services are hosted and conducted in the United States for U.S. consumers over the age of 13. No authorization is provided for use of the websites outside the United States or for use by those who are under the age of 13.
This site contains content from credible sources representing different points of view. Relevate or the Licensee may display certain content to users based on the geographic location of the user. Certain contributors on these sites pay money or provide other value to Relevate or the Licensee in exchange for placement and/or additional messaging within the Licensee site.

HEALTH INFO POLICY
Overview

Much of the content on the Consumer Engagement Websites has been developed by Relevate for use by authorized licensees (each a “Licensee”), of which St. Luke’s Hospital is one. Licensees are independently owned and operated, and are separate from Relevate.
The Privacy Policy describes how the Relevate and the Licensee treat personal information when you use the Consumer Engagement Websites.
In the event of any conflict between this the Health Info Policy and the Privacy Policy related to personal health information, this Health Info Policy will apply. On the Consumer Engagement Websites, Relevate and the Licensee do NOT intentionally gather:
• Personal Information about consumers who are under the age of 13;
• Personal Information about consumers who access websites from outside the United States; and
• Personal Protected Health Information of any kind.
The Consumer Engagement Websites link to other parts of the Licensee’s websites, which may offer additional services relating to your healthcare. Those parts of Licensee’s websites are governed by separate terms and conditions of use and privacy, which the Licensee has developed in order to provide specific health-related services to you. Please be sure to review which terms and conditions of use and privacy apply to the services being offered to you.
1. How your personal information is used
• Relevate or the Licensee may use your personal information to offer certain services to you.
• Relevate or the Licensee periodically may use for themselves, and provide to third parties, statistics and associations taken from your personal information and/or third party data, as part of an aggregated data set. These aggregated data sets do not contain any personally identifiable information.
• Certain features of the Consumer Engagement Websites and services can be used alone or in conjunction with other services. These features may share personal information to provide a better user experience and to improve the quality of services. For example, the services can help you find relevant information, including from advertisers and third parties. Information shared for these purposes is NOT personally identifiable.
• Neither Relevate nor the Licensee will sell, rent, or share your personal information without your explicit consent, except in the limited situations described in the Privacy Policy, for example, to comply with laws or as part of a corporate reorganization process (i.e., merger, acquisition, or sales of all or substantially all of assets).

How your personal health information is used
• Relevate DOES NOT INTEND to ask you to provide specific health-related information about you or your family. If you are asked for health-related information that you consider to be sensitive, please do not provide the information.
Last Modified December 1, 2016

LEGAL POLICY

Medical Disclaimer
Relevate and the Licensee have created and compiled the content on the Consumer Engagement 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.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe any content on the Consumer Engagement Websites is infringing upon your copyright please send a copyright infringement notification to Relevate’s Designated Agent in accordance with the terms below.
To be effective, the notification must be a written communication. To expedite our ability to process your request, such written notice should be sent to our designated agent via email by contacting us.

To be effective, the notice must substantially include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be 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. Providing URLs in the body of an email is the best way to help us locate content quickly;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.

PRIVACY POLICY

Much of the content on the Consumer Engagement Websites has been developed by Relevate Health Group Inc. (“Relevate”) for use by authorized licensees (each a “Licensee”) of which St. Luke’s Hospital is one. Licensees are independently owned and operated, and are separate from Relevate.
PLEASE READ THIS PRIVACY POLICY STATEMENT CAREFULLY. It explains how Relevate and/or the Licensee (collectively, “the Licensee”, “we”, “us”, or “our”) collects information about you through the Consumer Engagement Websites and how this information is then used or disclosed. The Consumer Engagement Websites expressly include the Consumer Health and Wellness Site top-level-domain as well as redirects to Licensees (as such websites and top-level-domains may be renamed from time to time). This privacy policy statement only applies to websites that display or link to this privacy policy statement. It does not apply to those portions of a Licensee’s websites that have the Licensee’s own privacy policy statement or to information we may collect from you or about you in other ways, including through emails you may send to us. We may update this statement from time to time by posting the updated terms on the Consumer Engagement Websites. You are responsible for periodically reading this statement. If you use the Consumer Engagement Websites after we have updated this statement, you acknowledge that you have read the updated terms and consent to our revised privacy practices.
This privacy policy statement describes our privacy practices, including what information we collect from you through the Consumer Engagement Websites, and what we then do with this information. The Consumer Engagement Websites and services are hosted and conducted in the United States for U.S. consumers over the age of 13. No authorization is provided for use of the sites outside the United States or for use by those who are under the age of 13. If you are a minor over the age of 13, please be sure to get your parents to review and discuss this privacy policy statement with you, and get their permission, before using the sites.
By using the Consumer Engagement Websites, you acknowledge that you have read this privacy policy statement and consent to our privacy practices as described in this statement, including our use and disclosure of personal information for the purposes described below. You further affirm your consent by becoming a registered member or submitting content or materials to or through the Consumer Engagement Websites. This statement is not intended to and does not create any contractual or other legal right in or on behalf of any person.
Consumers of the State of California, please also read Your California Privacy Rights to understand additional rights you may have pursuant to California Civil Code Section 1798.83.

IF YOU DO NOT CONSENT TO OUR PRIVACY PRACTICES AS DESCRIBED IN THIS PRIVACY POLICY, PLEASE DO NOT USE OR ACCESS THE CONSUMER ENGAGEMENT WEBSITES.
AS EXPLAINED IN THE HEALTH INFO POLICY , RELEVATE AND THE LICENSEE DO NOT INTENTIONALLY GATHER PERSONAL PROTECTED HEALTH INFORMATION OF ANY KIND ON THE CONSUMER HEALTH AND WELLNESS WEBSITE.

INFORMATION COLLECTED THROUGH THE CONSUMER ENGAGEMENT WEBSITES
This privacy policy statement only applies to information that collected through the Consumer Engagement Websites, and does not apply to any information collected through any other means, such as the Licensee’s main website, where applicable.
We collect two types of information from you and other consumers to the Consumer Engagement Websites: (1) “personally identifiable information” (as described below) and (2) “non-personally identifiable information” (as described below).
(1) “Personally Identifiable Information” is information that identifies you personally, such as your name, address, telephone number, email address, or company name.
Here are some examples of the ways in which we may collect and store your personally identifiable information through the Consumer Engagement Websites:
• We may collect your email address, first and last name, zip code and birthdate, if you sign up for an online newsletter;
• We may collect your email address if you contact us with a question; and
• We may collect your first and last name, date of birth, and email address if you choose to participate in a contest or sweepstakes.
(2) “Non-Personally Identifiable Information” can be technical information or it can be demographic information, such as your age, gender, or interests. Non-personally identifiable information does not identify you personally. If you do provide us with non-personally identifiable information, we may use it for the purposes described in this statement or where it is collected, or any other legal purpose.
Here are some examples of the ways in which we may collect and store your non-personally identifiable information through the Consumer Engagement Websites, and how we use such information:
• Internet Protocol (IP) address. Your “IP address” is a number that lets computers attached to the Internet know where to send you data, such as the screens and pages of the Consumer Engagement Websites that you view. We use this information to deliver our screens and pages to you upon request, to tailor the sites to the interests of you and our other consumers, and to measure traffic to and within the sites.
• Cookie. A “cookie” is a small text file that may be used to collect information about your activity on the Consumer Engagement Websites. For example, when you visit a screen or page on the sites, a cookie is placed on your machine (if you or your browser accept the cookie). This cookie may then be read by screen or pages on the sites. You may configure your browser to notify you or to reject and block cookies, but if you do, you may not have access to some areas of the sites, or to the personalized features of the sites.
• Web Beacon. A “web beacon”, “clear gif”, “web bug”, or “pixel tag” is a tiny graphic file with a unique identifier that is similar in function to a cookie, but allows us to count the number of users that have visited certain pages or screens of the Consumer Engagement Websites, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, web beacons can tell the sender whether and when the email has been opened. In contrast to cookies, which may be stored on your computer’s hard drive, web beacons are typically embedded invisibly on pages or screens.
• Demographic Information. “Demographic information” may be your gender, age, zip code, and interests. We may collect such information about you through the Consumer Engagement Websites and use it to provide you with personalized services and to analyze trends to ensure that the sites and services and the information on them is targeted to meet your needs. Please note that we also consider aggregated information, which is not personally identifiable, to be non-personally identifiable information.
If you encounter a screen or page that requests information you do not want to share with us, do not enter the information and do not proceed with that screen or page.

USE OF INFORMATION COLLECTED THROUGH THE CONSUMER ENGAGEMENT WEBSITES
(1) Personally Identifiable Information.
If you provide us with personally identifiable information, we will only use it for the purposes described in this statement or where it is collected. Primarily, we use it on the Consumer Engagement Websites to:
• Help create and publish content most relevant to you;
• Allow you access to certain areas of the sites;
• Register you as a member and develop your profile and enable you to take advantage of any personalized features of the sites;
• Deliver services, such as educational programs, information, newsletters, or software that you request;
• Alert you to special officers, updated information, and other new services we or third-parties offer;
• Forward promotional materials and to fulfill the terms of the promotion;
• Complete a transaction or service requested by you;
• Target the sites to your needs;
• Identify you as a poster or provider of content; and
• Contact you in response to sign up forms such as “Contact Us.”

(2) Non-personally Identifiable Information.
We may use non-personally identifiable information for the purposes described in this statement or where it is collected, or any other legal purpose, including, when and where applicable, combining non-personally identifiable information with personally identifiable information.

SHARING AND DISCLOSURE OF INFORMATION COLLECTED THROUGH THE CONSUMER ENGAGEMENT WEBSITES
(1) Personally Identifiable Information.
Primarily, we may share or disclose your personally identifiable information in the following instances:
• To fulfill a service to you.
For example, if you choose to watch an educational video available on the Consumer Engagement Websites, we may share your personally identifiable information to provide the program to you. In addition, if you email us a question, we may use your email address to process your request and respond to your question. Also, if you are entering a sweepstakes or contest, we may use your personally identifiable information to fulfill the terms of that promotion, including for prize fulfillment purposes or with mail carriers. We also may share your information with co-sponsors of such promotion.
• To offer you products or services available from the Licensee or unaffiliated third parties that we believe may be of interest to you, or to assist such parties for research, administrative, and/or business purposes.
• To unaffiliated third-party service providers, agents, or independent contractors who help us maintain the Consumer Engagement Websites and who help us with other administrative services (including, but not limited to, order processing and fulfillment, providing customer service, maintaining and analyzing data, sending customer communications on our behalf, and entry collection, winner selection and prize fulfillment for contests, sweepstakes, and other promotions).
We seek to ensure that such unaffiliated third-parties will not use your personally identifiable information for any purpose other than that for which they are responsible. However, we cannot guarantee that they will not use it for any other purpose.
• To comply with law, or in the good faith belief that such action is necessary to conform to the requirements of law, or comply with legal process served on us, and to protect and defend our rights or property, including our rights and property and the Consumer Engagement Websites, or act in urgent circumstances to protect the personal safety of you and our other consumers.
• To third parties as part of a corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.
• To track and analyze non-identifying, aggregate usage and volume statistical information from our consumers and customers and provide such information to third parties.
• To protect against fraud and potential fraud.

(2) Non-personally identifiable information.
We may share and disclose your non-personally identifiable information for the purposes described in this statement or where it is collected, or any other legal purpose, including, when and where applicable, sharing and disclosing non-personally identifiable information combined with personally identifiable information.

(3) International Concerns.
These websites are intended for the use of consumers in the U.S. If you are visiting from or live in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring information about you, including personally identifiable information, to a country and jurisdiction that does not have the same data protection laws as the European Union, and you consent to:
• The transfer of information about you, including personally identifiable information, to the United States; and
• The use and disclosure of information about you, including personally identifiable information, as described in this privacy policy statement.

(4) Access to Information.
If the Licensee has elected to have registered members and you have registered, you can review and update your profile at any time by logging-in and visiting the “My Profile” page.
These websites are intended for use by consumers over the age of 13. However, if a parent believes we have information about their child, the parent can review or request deletion of any personal information we have about their child, or request that there be no further collection or use of their child’s information, by contacting us. We take steps to verify the identity of anyone requesting information about a child, to ensure that the person is in fact the child’s parent or guardian, and appreciate your cooperation with those steps.

(5) Opt-Out.
We communicate with Website participants on a regular basis via email. For example, we may use your email address to confirm your request, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. Generally, users cannot opt-out of these communications, but they will be primarily informational in nature rather than promotional.
However, we do provide you with the opportunity to opt-out of:
• Receiving other types of communication from us, such as emails or updates regarding new services and products offered on or through the Consumer Engagement Websites and any new features or services on the sites;
• Sharing or disclosing your personally identifiable information with third parties (other than the Licensee).
You may exercise your opt-out by ticking or un-ticking the appropriate box, if such checkbox where such information is collected, or by contacting us. We will process your unsubscribe as soon as possible, but please be aware that in some circumstances you may receive a few more messages until your request is processed. You also may opt-out of receiving such emails by clicking on the “unsubscribe” link within the text of the applicable email.

(6) Third-Party Websites and Advertisers.
The Consumer Engagement Websites may contain links to third-party websites. Although we try to work with third parties that share our respect for user privacy, we are not responsible for the sites or privacy practices of such third parties. We may also use third-party advertisers, ad networks, and other advertising, marketing, and promotional companies, to serve advertisements on the sites. Such third parties may gather information about your visit to the sites or other websites, monitor your access to or market products or services to you, monitor the ads you view, click-on, or interact with, when they were delivered, and the screens and pages that they are on.
We do not endorse these parties, their content, or any products and services they offer. You are responsible for knowing when you are leaving the site to visit a third-party website, and for reading and understanding the terms of use and privacy policy statements for each such third party.

(7) Protection of Information.
No data transmissions over the Internet are completely secure. So, we cannot ensure or warrant the security of any information you transmit to us or others over the Internet. You transmit such information at your own risk.
Once we receive your transmission, we make reasonable efforts to ensure the security of our systems. We use firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction. However, this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of such firewalls or secure server software.
If we learn of a breach of our security system or processes, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Consumer Engagement Websites, or providing personally identifiable information to us through them, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the sites. In the event of a breach, we may post a notice on the sites or send you an email at the email address you provided.
YOU MAY HAVE ADDITIONAL RIGHTS TO RECEIVE WRITTEN NOTICE OF SECURITY BREACHES UNDER APPLICABLE LAW OF YOUR UNITED STATES’ JURISDICTION.
You can also help us protect information about you by:
• Using only secure web browsers;
• Employing common anti-virus and anti-malware tools on your system to keep it safe;
• Carefully logging out after using the Consumer Engagement Websites;
• Using a strong password with a combination of letters and numbers.
• Notifying us , by contacting us if you feel your login and/or password have been compromised.

(8) Assignment.
You consent to our assignment of the information we have about you, including personally identifiable information, should all or part of our assets be sold or acquired by another party or with a merger that has a similar effect.

(9) Terms of Use.
Please read our terms of use to understand the terms that apply to your use of the Consumer Engagement Websites. By using the sites, you acknowledge that you have read our terms of use and consent to them. You further affirm your consent by becoming a registered member or submitting content or materials to or through the sites.

These terms of use were last updated and posted on December 1, 2016.
California Consumers – Your Privacy Rights
(As provided by California Civil Code Section 1798.83)
A California consumer who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes (“California customer”) is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed.

However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its privacy policy statement) a policy of not disclosing customer’s personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and providing a cost free means to exercise that right. The Privacy Policy complies with this paragraph.

As stated in our privacy policy statement, we do not share information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure – typically by opting-in to receive information from a third party. To prevent disclosure of your personal information for use in direct marketing by a third party, do not opt-in to such use when you provide personal information on the Consumer Health and Wellness website. Please note that whenever you opt-in to receive future communications from a third party, your information will be subject to the third-party’s privacy policies and practices. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use information. You should always review the privacy policies and practices of any party that collects your information to determine how that entity will handle your information.

California customers may request further information about our compliance with this law by contacting us. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address.

Using the Consumer Engagement Websites.

PLEASE READ THESE TERMS OF USE CAREFULLY. They apply to websites controlled by Relevate and/or its Licensees (collectively, “the Licensee”, “we”, “us”, or “our”) where these terms of use are posted, and to your use of any content, materials, features, and services (“Content”) offered on these websites. The Consumer Engagement Websites expressly include the Consumer Health and Wellness Site top-level-domain as well as redirects to Licensees (as such websites and top-level-domains may be renamed from time to time). These terms of use do not apply to those of the sites, if any, that have their own terms of use.

Think of these terms of use as rules for your interaction with the Consumer Engagement Websites. The Consumer Engagement Websites and services are hosted and conducted in the United States for U.S. consumers over the age of 13. No authorization is provided for use of the Consumer Engagement Websites outside the United States or for use by those who are under the age of 13. If you are a minor over the age of 13, please remember to ALWAYS check with your parents before you send anything to us online or otherwise.

Other terms may apply to your use of a specific portion of the Consumer Engagement Websites. If there is a conflict between these terms of use and terms posted for a specific portion of the sites, the latter terms apply to your use of that portion of the sites.

By using the Consumer Engagement Websites, you acknowledge that you have read these terms of use and agree to them. You also acknowledge that these terms of use are supported by reasonable and valuable consideration, which includes your use and enjoyment of the sites, the content, materials, features, and services offered on them, and our review, use, or display of any content or materials you share with us.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE OR ACCESS THE CONSUMER ENGAGEMENT WEBSITES.

If you have any questions about these terms of use, please contact us.

Updates to these Terms of Use.

We may update these terms of use at any time. You are responsible for periodically reading them. If you use any of the Consumer Engagement Websites after we have updated these terms of use, you acknowledge that you have read the updated terms of use and agree to follow them.

Privacy Policy Statement.

To understand how and what information we collect, and how we may use or disclose such information, please carefully read our privacy policy statement. By using the Consumer Engagement Websites, you acknowledge that you have read our privacy policy statement and consent to our privacy practices. You further affirm your consent by becoming a registered member or submitting content or materials to or through the sites.

Profiles, Screen Names, Passwords, and Security.

To take advantage of the interactive features of the Consumer Engagement 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 Engagement Websites, such as your real name, social security number, physical address, or phone number.

You agree:

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 Engagement 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 Engagement Websites.

The Consumer Engagement 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 Engagement 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 Engagement 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 Engagement 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 Engagement 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 Engagement 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 Engagement 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 Engagement 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 Engagement Websites, you may not:

Violate these terms of use, infringe upon our rights or the rights of others (including, without limitation, intellectually property rights, rights of privacy such as unauthorized disclosure of a person’s name or email or physical address or phone number, and rights of publicity), or violate any laws;
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 Engagement 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 Engagement 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.

We reserve the right, but do not have the obligation, to investigate and take appropriate legal action against anyone who we believe is violating these terms of use, including without limitation, removing any materials, suspending or terminating the registration of such violators, or suspending or terminating their right to use the Consumer Engagement Websites.

Electronic Notices and Communications.

By visiting the Consumer Engagement 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 Engagement 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.

Third-Parties.

The Consumer Engagement 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.

These references, links, and descriptions are provided solely for your convenience. By including these references, we do not endorse these parties, their content, or any products and services they offer. These parties are not under our control and we are not responsible for them, or the operation and availability of their websites. All disclaimers and other notices associated with such materials shall apply and supplement these terms of use as to the individual content. You are responsible for knowing when you are leaving the Consumer Engagement Websites to visit a third-party website, and for reading and understanding the terms of use and privacy policy statements for each such third-party website.

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 Engagement 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 ENGAGEMENT 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 ENGAGEMENT 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 ENGAGEMENT 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 ENGAGEMENT 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 ENGAGEMENT WEBSITES, OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH THEM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE CONSUMER ENGAGEMENT 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 Engagement Websites or block your future access to the sites for any reason.

You agree that any violation, or threatened violation, by you of these terms of use will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate.

These remedies are in addition to any other remedies we may have at law or in equity.

You agree to defend, indemnify, and hold us harmless from and against any and all claims, losses, liability, costs, and expenses (including attorney’s fees) arising from your use of the Consumer Engagement Websites, violation of these terms of use, or violation of any third-party rights.

YOU AGREE TO WAIVE ANY AND ALL LAWS THAT MAY LIMIT THE EFFICACY OF ANY RELEASES CONTAINED IN THESE TERMS OF USE, INCLUDING THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542.

Force Majeure.

We will not be deemed to be in breach of these terms of use or our privacy policy statement due to any event or circumstance beyond our reasonable control, including without limitation, war, invasion, failures of any public networks, electrical shortages, terrorist attacks, and earthquakes and other acts of God. We are not responsible for any loss, delay, or damage due to such events or circumstances.

Applicable Law.

You agree that all matters relating to your access to or use of the Consumer Engagement 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.

These terms of use, accepted by you upon use of the Consumer Engagement Websites, and further affirmed by becoming a registered member or submitting content or materials to or through the sites, constitutes the entire agreement between you and us regarding the use of the sites.

All parts of these terms of use apply to the maximum extent permitted by law. We both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of this contract will not affect the validity and enforceability of the remaining provisions.

These terms of use were last updated and posted on December 1, 2016.