TERMS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE PRIOR
TO USING THIS WEBSITE
1.
Welcome.
Welcome to www.sbwellnessapp.com or other related websites (public or private)
created by SB Wellness Group, Inc. or its related or affiliated companies (collectively
or individually). These ‘Terms of Use’ are between you and SB Wellness Group,
Inc. These Terms of Use describe the terms and conditions applicable to your
use of all of the SB Wellness Group Application.
Overview
SB Wellness Group Application is
a health and wellness data management tool which gives you a secure way to
communicate with your wellness team. The SB
Wellness Group Website and Application is governed by these Terms
of Use (Terms)
2. Your Acceptance.
a. You acknowledge that you have read and understood
these Terms of Use and that you accept and agree to be bound by the terms
hereof as well as any additional rules or policies that are or may be published
by SB Wellness Group from time to time. YOU AGREE TO READ THESE TERMS OF USE
CAREFULLY BEFORE USING THIS SB WELLNESS GROUP WEBSITE. If you do
not agree to these Terms, you may not establish a SB Wellness Group Website or Application account. By using
or accessing the SB Wellness
Group Website you do agree to these Terms.
b. You may
not permit any other person to access your SB Wellness Group Website account, and the use of your
account is your responsibility. If you learn or suspect that your account has
been wrongfully accessed, you should promptly notify us. To help ensure
the security of your account, please sign out of your account at the end of
each session.
c. SB Wellness Group may monitor your use of this SB
Wellness Website and may freely use and disclose any information and materials
received from you or collected through your use of the SB Wellness Group Website
for any lawful reason or purpose.
d. SB Wellness Group reserves the right, at its sole
discretion, to change, modify, add or remove any portion of these Terms of Use,
in whole or in part, at any time. Notification of changes in the Agreement will
be posted on the SB Wellness Group Website. Unless otherwise stated, all
amendments will be effective immediately upon posting on the SB Wellness Group
Website.
e. You may
have access to certain healthcare informational resources ("Content")
on the SB Wellness Group Website.
The Content is provided to you "as is" with no representations or
warranties whatsoever. The Content is intended for use by consumers in the United
States only.
3. Availability of SB Wellness Group Website.
The SB Wellness Group Website is only available to individuals who can form
legally binding contracts under applicable law. Our SB Wellness Group Website
is not available to minors under the age of 18 (or 21, depending on state law
or such other age, in the case of other countries) under any circumstances. If
you do not wish to use our SB Wellness Group Website and do not agree to these
Terms of Use, please do not use the SB Wellness Group Website. SB Wellness
Group may refuse SB Wellness Group Website to anyone at any time at our sole
discretion. If you are requested or invited to provide information to the SB
Wellness Group Website, you as the user must provide to SB Wellness Group your
first and last legal name, date of birth, address and other required personal
information according to your specific program and/ or use (“Your
Information”). When providing Your Information, you must provide accurate and
complete information. Should you knowingly falsify any of Your Information,
your access to the SB Wellness Group Website shall be terminated immediately
without prior notice. You may never use another individual’s account without
permission. You are solely responsible for your interaction with the SB
Wellness Group Website. You must notify SB Wellness Group immediately of any
breach of security or unauthorized use of Your Information. SB Wellness Group
will not be liable for any losses caused by unauthorized use of Your
Information, and you may be liable for any of SB Wellness Group’s losses caused
by your unauthorized use.
If you
share information from the SB
Wellness Group with another individual, you acknowledge and
accept responsibility for your decision to provide them access to potentially
sensitive information and will hold SB Wellness Group harmless for such case.
4.
SB Wellness Group’s Intellectual Property.
a. The SB Wellness Group Website is protected by
copyright as a collective work and/or compilation, pursuant to U.S. copyright
laws, international conventions, and other copyright laws.
b. You acknowledge and agree that SB Wellness Group
owns all database information, collective and similar rights, title and
interests worldwide, owns other proprietary information databases, all rights
in the selection, coordination and arrangement in the SB Wellness Group Website,
rights in trademarks, trade names and SB Wellness Group Website marks of SB
Wellness Group, and rights in all content, software, graphics, photos, sounds,
music, videos, interactive features on the SB Wellness Group Website. You
acknowledge that neither you nor any other User shall receive any right,
license, permission to use, manipulate, and reproduce any of SB Wellness Group’s
trademarks, copyrights, content, service marks, patents or other intellectual
property rights without the prior written permission of SB Wellness Group. The
contents of the SB Wellness Group Website are only for your personal,
non-commercial use. All materials contained on the SB Wellness Group Website
are protected by copyright and are owned or controlled by SB Wellness Group or
the party credited as the provider of the Content. You will abide by any and
all additional copyright notices, information, or restrictions contained in any
Content on the SB Wellness Group Website. Copying or storing of any Content for
other than personal, noncommercial use is expressly prohibited without the
prior written permission from SB Wellness Group or the copyright holder
identified in the individual Content’s copyright notice.
5.
User Conduct.
a. You understand that all information, data, text,
photographs, images, messages or other materials, whether publicly posted or
privately transmitted, are the sole responsibility of the person from whom such
content originated. This means that you, and not SB Wellness Group, are
entirely responsible for all content that you upload post, email, transmit or
otherwise make available via the SB Wellness Group Website.
Content that you upload or enter for any purpose to the SB Wellness Group Website
shall be defined herein as “Your Content”. SB Wellness does not control the
content posted via the SB Wellness Group Website and as such does not guarantee
the accuracy, integrity or quality of such content. You understand that by
using the SB Wellness Group Website, you may be exposed to Content that is
offensive, or objectionable. Under no circumstances will SB Wellness Group be
liable in any way for any content, for any errors or omissions in any content,
or for any loss or damage of any kind incurred as a result of the use of any
content posted, emailed, transmitted or otherwise made available via the SB
Wellness Group Website.
b. You represent, warrant and covenant that: (AA) you
shall not upload, post or transmit to or distribute or otherwise publish
through the SB Wellness Group Website any materials which (i)
restrict or inhibit any other user from using and enjoying the SB Wellness
Group Website, (ii) are unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, offensive, pornographic, profane, sexually explicit or
indecent, (iii) constitute or encourage conduct that would constitute a
criminal offense, give rise to civil liability or otherwise violate law, (iv)
violate, plagiarize or infringe the rights of third parties including, without
limitation, copyright, trademark, patent, rights of privacy or publicity or any
other proprietary right, (v) contain a virus or other harmful component, (vi)
contain any information, software or other material of a commercial nature,
(vii) contain advertising of any kind, or (viii) constitute or contain false or
misleading indications of origin or statements of fact; (bb) you are at least
eighteen (18) years old; (cc) you are solely responsible for the truth and
accuracy of all information you provide publicly or privately to us or other
Users during the registration or in any public message area, including but not
limited to chat, discussion forums, and your email; (dd)
you shall not impersonate any person or entity, including but not limited to an
SB Wellness Group official or falsely state or otherwise misrepresent your
affiliation with a person or entity; (ee) you shall
not intentionally or unintentionally violate any applicable local, state,
national or international law, or any regulations having the force of law; (ff) you shall not stalk or otherwise harass another User;
(gg) you shall not harvest, collect or store personal data about other Users;
and (hh) you shall not use or launch any automated
system, including without limitation robots, spiders, or offline readers, that
access the SB Wellness Group Website in a manner that sends more request
messages to SB Wellness Group’s servers in a given period of time than a human
can reasonably produce in the same period by using a conventional on-line web
browser.
6. SB Wellness Group’s Use of Your Content.
a. Condition
Management and Wellness Programs: You may be able to participate in
certain condition management and wellness programs offered by us or by your
employer that are delivered to you through the SB
Wellness Group Website. The SB Wellness Group Website has certain
tools that use information contained in your SB Wellness Group Website and/ or
Application account to establish the implementation of a condition management
program or wellness program to you. You consent to sharing the information from
your record with these tools. Personally identifiable information from your
record that is used to create your personalized program will not be shared with
the program’s sponsor, unless you have otherwise agreed. However, we may share
information that is specifically related to and provided as a result of your
participation in the condition management or wellness program(s) with the
program’s sponsor, but only as allowed by applicable law.
b. Third
Party Programs, Activities and Services: We may
make certain programs, activities or services (collectively,
"Programs") available to you through the SB Wellness Group Website. If such Programs are offered by us,
we will provide you with any terms and conditions related to the Program prior
to your enrollment in it. The terms and conditions of such Programs shall
prevail in the event of a conflict with these Terms.
7.
Assignment.
a. You
irrevocably grant to SB Wellness Group perpetually, exclusively, and for all information
(including without limitation print, film, digital, slides, non-theatrical,
home video, CD-ROM, DVD, internet and any other electronic medium presently in
existence or invented in the future), the rights to own, use, display, prepare
derivative materials, adapt, modify, publish, republish, distribute, perform,
reproduce and incorporate (alone or together with other materials), in whole or
in part, Your Information, includes but is not limited to photographs, video or
digital footage, audio, and text of You and any other image which you upload to
the SB Wellness Group Website. You further hereby irrevocably grant to SB
Wellness Group perpetually and exclusively the right to use your name, voice,
likeness, and image and the name, voice, likeness and image in connection with SB
Wellness Group and the SB Wellness Group Website.
b. SB Wellness Group shall have complete worldwide
ownership of Your Content, including but not limited to photographs, video or
digital footage, audio or text in which your name, voice, likeness, and image
(collectively, “Property”), including but not limited to copyright interests,
and you acknowledge that you have no interest or ownership in the Property or
its copyright.
c. You hereby agree that you will not bring or consent
to others bringing any claims, suits or actions against SB Wellness Group on
the grounds that anything contained in the Property, or in the advertising and
publicity used in connection herewith, is defamatory, libelous, slanderous,
reflects adversely on you, or violates any other right whatsoever, including,
without limitation, rights of privacy and publicity. You hereby release and
agree to indemnify and hold harmless SB Wellness Group, its directors, officers,
successors and assigns from and against any and all claims, demands, actions,
causes of actions, suits, costs, expenses, liabilities, and damages whatsoever
that you may hereafter have against SB Wellness Group in connection with the
Property. This indemnity shall survive indefinitely, to the maximum extent of
the law.
d. Whether or not Your Content is selected, uploaded or entered onto the SB
Wellness Group Website, these Terms of Use shall not obligate SB Wellness Group
to use Your Content or the Property or any other rights granted hereunder, or
to prepare, produce, exhibit, distribute or exploit Your Content or the
Property.
8.
Indemnification.
You hereby agree to release, indemnify, defend and hold harmless SB
Wellness Group, and all its officers, directors, owners, subsidiaries,
affiliates, agents, employees, information providers, advisors, licensors and
licensees (collectively, the “Indemnified Parties”) from and against any and
all losses, liabilities, claims (including claims without legal merit or
brought in bad faith), demands, damages, costs or expenses, causes of action,
suits, proceedings, judgments, awards, executions and liens, including
reasonable attorneys’ fees and costs (whether brought by third parties or otherwise)
(collectively, “Claims”) due to or arising out of your use of or conduct on the
SB Wellness Group Website or in connection with the
SB Wellness Group Website. You shall cooperate as fully as reasonably required
in the defense of any claim. SB Wellness Group reserves the right, at its own
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you and you shall not in any event settle any
matter without the written consent of SB Wellness Group. This indemnity, to the
maximum extent permitted by prior law, shall survive indefinitely.
9.
Breach, Failure to Perform, and Misuse.
Without limiting any other remedies, SB Wellness Group may suspend, delete, or
terminate any current and future accounts and/or access to the SB Wellness
Group Website by a User who violates any of these Terms of Use or terminate or
perpetually suspend your access to the SB Wellness Group Website if you misuse
your account or any SB Wellness Group Website or SB Wellness Group is unable to
verify or authenticate any information you provide to it.
10. No Endorsement.
The SB Wellness Group Website contains or may contain links and pointers
to the other related World Wide Web Internet sites, resources, and sponsors of
the SB Wellness Group Website. Links to and from SB Wellness Group Website to
other third party sites, maintained by third parties, do not constitute an
endorsement by SB Wellness Group or any of its subsidiaries or affiliates of
any third party resources, or their contents. SB Wellness disclaims any and all
responsibility for content contained in any third party materials provided
through links from the SB Wellness Group Website. SB Wellness Group assumes no
responsibility for and has no control over the content, privacy policies or
practices of said third party sites. By using the SB Wellness Group Website,
you hereby release SB Wellness Group from any and all liability arising from
your use of any third party website, and we encourage you to review the third
party’s site terms and conditions after you leave the SB Wellness Group Website
and enter a third party site.
11. Disclosure.
NOT MEDICAL ADVICE:
THE CONTENT OF THIS WEBSITE IS PROVIDED AS GENERAL
INFORMATION ONLY AND IS NOT MEDICAL, LEGAL, OR HEALTH PLAN PURCHASING ADVICE.
THE INFORMATION ON THIS WEBSITE IS NOT DESIGNED TO REPLACE HEALTH CARE OR
MEDICAL ADVICE FROM A HEALTH CARE PROFESSIONAL. ALL QUESTIONS ABOUT INDIVIDUAL
CARE AND TREATMENT SHOULD BE REFERRED TO YOUR HEALTH CARE PROVIDER.
SB Wellness Group, Inc. has designed this website
for data management and to provide information to you regarding our services
and programs. Nothing contained on this website should be construed as medical
advice, medical opinion, diagnosis or treatment.
12. SB Wellness Group’s Representations, Warranties,
Indemnification and Limitation of Liability.
You represent that all information provided by you in connection your use of
the SB Wellness Group Website is accurate and current. The SB Wellness Group Website INCLUDING
ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON
OR ACCESSED THROUGH THE SB WELLNESS GROUP WEBSITE, IS PROVIDED “AS IS.” TO THE
FULLEST EXTENT PERMISSIBLE BY LAW, SB WELLNESS GROUP AND ITS SUBSIDIARIES AND
AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE
CONTENT ON THE SB WELLNESS GROUP WEBSITE OR THE MATERIALS, INFORMATION AND
FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH The SB Wellness Group Website, FOR ANY
PRODUCTS OR SERVICES OR SB WELLNESS GROUP WEBSITE OR HYPERTEXT LINKS TO THIRD
PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF
SENSITIVE INFORMATION THROUGH The SB
Wellness Group Website OR ANY LINKED SITE. The SB Wellness Group Website ARE PROVIDED “AS IS” AND “AS
AVAILABLE” WITH NO TECHNICAL SUPPORT. FURTHER, SB WELLNESS GROUP AND ITS
SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. SB WELLNESS GROUP DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN The SB Wellness Group
Website OR ANY MATERIALS OR CONTENT CONTAINED THEREIN OR THE SB WELLNESS
GROUP WEBSITE OFFERED WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SB WELLNESS GROUP WEBSITE OR THE SERVER THAT MAKES IT
AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SB WELLNESS GROUP AND
ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF The SB Wellness Group Website,
INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
UNDER NO CIRMUMSTANCES SHALL SB WELLNESS GROUP BE LIABLE FOR ANY CONSEQUENTIAL,
SPECIAL INDIRECT, REMOTE, INCIDENTAL PUNITIVE, EXEMPLARY, LOSS OF BUSINESS,
BUSINESS INTERRUPTION OR SIMILAR DAMAGES.
13. Your License to SB Wellness Group.
By posting messages, uploading files, inputting data or engaging in any other
form of communication (individually or collectively “Communications”) to the SB
Wellness Group Website, you hereby grant to SB Wellness Group a perpetual,
worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to
use, copy, license, sublicense, adapt, distribute, display, publicly perform,
reproduce, transmit, modify, edit and otherwise exploit such Communications, in
all media now known or hereafter developed. With respect to the subset of
Communications that is defined as Your Content, the Assignment provision of
these Terms of Use applies. You hereby waive all rights to any claim against SB
Wellness Group for any alleged or actual infringements of any proprietary
rights, rights of privacy and publicity, moral rights, libel, slander and
rights of attribution in connection with such Communications. You acknowledge
that transmission to and from to the SB Wellness Group Website are not
confidential and your Communications may be read or intercepted by others. You
acknowledge that by submitting Communications to SB Wellness Group, no
confidential, fiduciary, contractually implied or other relationship is created
between you and SB Wellness Group other than pursuant to these Terms of Use.
14. Governing Law.
THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE
LAWS OF THE STATE OF LOUISIANA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS.
SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR
RELATED TO THESE TERMS OF USE SHALL BE THE AMERICAN ARBITRATION ASSOCIATION
PURSUANT TO ITS COMMERCIAL RULES OF ARBITRATION TO BE HELD IN BATON ROUGE,
LOUISIANA. IN THE EVENT OF A LAWSUIT, THE SUIT SHALL BE FILED IN THE 19TH
JUDICIAL COURT FOR THE PARISH OF EAST BATON ROUGE, LOUISIANA, AND IF YOU ARE
UNSUCCESSFUL IN THE SUIT YOU WILL BE RESPONSIBLE TO PAY THE ATTORNEY FEES AND
COURT COSTS OF SB WELLNESS GROUP.
15. Entire Agreement.
These Terms of Use, in addition to any other rules and policies,
constitute the entire agreement between SB Wellness Group and you with respect
to your use of the SB Wellness Group Website and SB Wellness Group Website.
Your use of the SB Wellness Group Website shall constitute your acceptance of
any amendments to These Terms of Use as well as additional rules or policies
that are or may be published by SB Wellness Group, each with the new
modifications. If you do not agree to any of such changes, you may request that
your membership be cancelled. You acknowledge and agree that such cancellation
will be your sole and exclusive remedy and our sole liability if you do not
wish to abide by any changes to these Terms of Use or any additional rules or
policies that are or may be published by SB Wellness Group. Any cause of action
you may have with respect to your use of the SB Wellness Group Website must be
commenced within one (1) year after the claim or cause of action arises. If for
any reason a court of competent jurisdiction finds any provision of the
Agreement, or portion thereof, to be unenforceable, that provision shall be
enforced to the maximum extent permissible so as to affect the intent of the
Agreement, and the remainder of these Terms of Use shall continue in full force
and effect.
_____________________________ __________________________________________________
DATE SIGNATURE OF USER
© All Rights Reserved 2018
For questions please contact SB
Wellness Group or call 225.445.5814