Agreement Between User and (Five Four Health)
Welcome to the (Five Four Health). The (Five Four Health) (the "Site") website and the app is comprised of various web pages operated by (Five Four Health). (Five Four Health) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of (Five Four Health) constitutes your agreement to all such terms. Please read these terms carefully, and keep a copy for your reference.
Privacy
Your use of (Five Four Health) is subject to (Five Four Health) Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting (Five Four Health) or sending emails to (Five Four Health) constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide you electronically, via email, and on the website and app satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that (Five Four Health) is not responsible for third-party access to your account that results from theft or misappropriation of your account. (Five Four Health) and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
Children Under Thirteen
If you are under the age of thirteen (13), you must ask your parent or guardian for permission to use this website and app. If you are a parent and you have questions regarding our data collection practices, please review the Privacy Policy and contact us using the information provided at the end of this agreement.
Links to Third-Party Sites/Services
(Five Four Health) may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of (Five Four Health), and (Five Four Health) is not responsible for the contents of any Linked Sites or changes and updates to a Linked Site. (Five Four Health) is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by (Five Four Health) of the site or any association with its operators.
No Unlawful or Prohibited Use/Intellectual property
You are granted a non-exclusive, non-transferable, revocable license to access and use (Five Four Health) strictly in accordance with these terms of use. As a condition of use of the Site, you warrant to (Five Four Health) that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or on interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of (Five Four Health) or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes to it.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in the whole or in part, found on the Site. (Five Four Health) content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content. In particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of (Five Four Health) and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of (Five Four Health) or our licensor except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws ( or by rights of privacy and publicity) unless you own or control the rights thereto or have received all the necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
(Five Four Health) has no obligation to monitor the Communication Services. However, (Five Four Health) reserves the right to review materials posted to a Communication Service and remove any materials at its sole discretion. (Five Four Health) reserves the right to terminate your access to any of the Communication Services at any time without notice for any reason whatsoever.
(Five Four Health) reserves the right at all times to disclose any information necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, in (Five Four Health) sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. (Five Four Health) does not control or endorse the content, messages, or information found in any Communication Service, and therefore, (Five Four Health) specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts have not authorized (Five Four Health) spokespersons, and their views do int necessarily reflect those of (Five Four Health).
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and dissemination. You are responsible for adhering to such limitations if you upload material.
Materials Provided to (Five Four Health) or Posted on Any (Five Four Health) Website.
(Five Four Health) does not claim ownership of the materials you provide to (Five Four Health) (including feedback and suggestions) or post, upload, input, or submit to any (Five Four Health) Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submissions, you are granting (Five Four Health), our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet business including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission as provided herein. (Five Four Health) is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at (Five Four Health) sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
International Users
The Service is controlled, operated, and administered by (Five Four Health) from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the (Five Four Health) Content accessed through (Five Four Health) in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless (Five Four Health), its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. (Five Four Health) reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnifications by you, in which event you will fully cooperate with (Five Four Health) in asserting any available defenses.
Arbitration
In the event that the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages of any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising as a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place individually; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and (Five Four Health) agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. (Five Four Health) and its suppliers may make improvements and changes to the site at any time.
(Five Four Health) and its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided "as is" without warranty or condition of any kind. (Five Four Health) and its suppliers hereby disclaim all warranties and conditions without regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall (Five Four Health). Its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if (Five Four Health) or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.
Termination/Access Restriction
(Five Four Health) reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Kentucky. You hereby consent to the exclusive jurisdiction and venue of courts in Kentucky in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and (Five Four Health) as a result of this agreement or use of the Site. (Five Four Health) performance of this agreement is subject to existing laws and legal processes. Nothing contained in this agreement is in derogation of (Five Four Health) right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by (Five Four Health) with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and (Five Four Health) with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and (Five Four Health) with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents written in English.
Changes to Terms
(Five Four Health) reserves the right, in its sole discretion, to change the Terms under which (Five Four Health) is offered. The most current version of the Terms will supersede all previous versions. (Five Four Health) encourages you to periodically review the Terms to stay informed of our updates.
