Terms of Use

THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS WEBSITE AND OUR SERVICES, INCLUDING APPLICATIONS DESIGNED TO BE USED ON YOUR COMPUTER AND/OR MOBILE DEVICE. BY ACCESSING, USING, OR SUBSCRIBING TO THIS WEBSITE, THE LICENSED APPLICATION, OUR NEWSLETTERS OR ANY OTHER SERVICES, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT BASED ON THESE TERMS WITH HEALTHMEDIA, INC.

Introduction
This website, and the information, content, products, the Licensed Application (defined below) and other services It makes available (which, collectively are referred to as the "Website"), is provided to you by HealthMedia, Inc. ("HealthMedia®"), a Michigan corporation with its principal offices in Ann Arbor, Michigan. These Terms and Conditions (this "Agreement") set forth the terms and conditions governing your use of this Website.

Website Intended Audience
This Website is operated by HealthMedia® from its offices in the United States. Other than HealthMedia® TEEN SUCCEED™, the products on this Website are directed to adults in the United States and are not intended for children under the age of eighteen (18). HealthMedia® TEEN SUCCEED™ is intended for use by teens ages 13 -19 years old. In the event the Website recognizes that anyone under 18 (or in the case of HealthMedia® TEEN SUCCEED™, anyone under 13), has attempted to send personal information, the session will be aborted and an appropriate notice posted to the user.

Use of Content and Information and Disclaimer with Respect to Content
HealthMedia® will use reasonable efforts to include up-to-date and accurate information on the Website, but makes no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information provided.

THE INFORMATION, DATA, BEHAVIORAL RECOMMENDATIONS, AND ANY OTHER MATERIALS PROVIDED BY HEALTHMEDIA® IN THE QUESTIONNAIRE, DIGITAL CONSULTATION, PLAN, THE LICENSED APPLICATION, NEWSLETTERS, WEBSITE, AND IN ANY OTHER FORM ARE NOT, NOR ARE THEY INTENDED TO BE, A MEDICAL EVALUATION, EXAMINATION, ADVICE, CONSULTATION, DIAGNOSIS, OR TREATMENT. HEALTHMEDIA® RECOMMENDS THAT YOU CONSULT A PHYSICIAN OR OTHER HEALTH CARE PROVIDER FOR ALL MEDICAL AND HEALTH-RELATED MATTERS. HEALTHMEDIA® AND ITS LICENSORS WILL NOT BE LIABLE FOR, AND YOU WAIVE ANY CLAIM FOR, ANY PERSONAL INJURY, DAMAGE, AND/OR LIABILITY ARISING OUT OF YOUR USE OF OR YOUR RELIANCE ON THE INFORMATION, DATA, BEHAVIORAL RECOMMENDATIONS, AND ANY OTHER MATERIALS MADE AVAILABLE TO YOU BY HEALTHMEDIA®.

HEALTHMEDIA® PROGRAMS ARE NOT DESIGNED TO RESPOND TO IMMEDIATE, CRITICAL SITUATIONS SUCH AS THOUGHTS OF SUICIDE OR MEDICAL EMERGENCIES. IF YOU ARE THINKING ABOUT SUICIDE, OR YOU FEEL THAT YOU MAY TRY TO HARM YOURSELF OR OTHERS, OR IF YOU HAVE ANY OTHER TYPE OF MEDICAL EMERGENCY, IMMEDIATELY DIAL "911" OR IMMEDIATELY GO TO THE NEAREST HOSPITAL EMERGENCY ROOM. IF YOU ARE CURRENTLY RECEIVING TREATMENT PLEASE FOLLOW THE EMERGENCY PROCEDURES PROVIDED BY YOUR DOCTOR OR THERAPIST.

This Website may provide links or references to other sites, but HealthMedia® has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from that content. Any links to other websites are provided as merely a convenience to the users of this Website.

E-mail links on this Website are intended to answer non-medical-related questions about our programs, such as technical problems, or general comments regarding the Website. For all medical questions, users must contact their physicians or therapists directly. HealthMedia® will not provide answers to your own personal medical or mental health questions.

Ownership and Intellectual Property Rights
Ownership
This Website and the Licensed Application are owned by HealthMedia®. All right to, title to, and interest in the content available via the Website, the Website's look and feel, the designs, trademarks, service marks, and trade names displayed on the Website, and the Website URLs, are the property of HealthMedia® or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.

License to Use Content
HealthMedia® grants you a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute content retrieved from the Website only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the content. You may not use any content available via the Website in any other manner or for any other purpose without the prior written permission of HealthMedia®. All rights not expressly granted in this Agreement are expressly reserved to HealthMedia®.

Trademark Notices
All trademarks, service marks, logos and designs used on this Website or the Licensed Application, whether registered or unregistered, are owned by HealthMedia® or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by HealthMedia® or its affiliates without the prior written consent of HealthMedia®.


Apple, iPhone, iPod, iPod touch, App Store and iTunes are trademarks or service marks of Apple Inc., registered in the U.S. and other countries, and are in no way affiliated with HealthMedia®.

Privacy
Any personally identifiable information in electronic communications to this Website is governed by this Website's Privacy Policy. HealthMedia® shall be free to use or copy all other information in any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purposes. Such purposes may include disclosure to third parties and/or developing, manufacturing, and/or marketing goods or services.

User Content
The sender of any communications to this Website or otherwise to HealthMedia® shall be responsible for the content and information contained therein, including its truthfulness and accuracy.

Licensed Application
The HealthMedia® STEP BY STEP™ Application (the "Licensed Application") may be offered as part of the Website and is intended for download to and use on your mobile device and computer. You understand and agree that the Licensed Application is licensed, not sold, to you for use only as outlined herein. HealthMedia® reserves all rights not expressly granted to you. This license is limited to a non-transferable license to use the Licensed Application on the mobile device that you own or control. This license does not allow you to use a Licensed Application that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof. You acknowledge that HealthMedia® has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

In conjunction with your use of the Licensed Application, you may use certain specified devices, such as pedometers and blood pressure monitors, to generate certain data. Such data may be uploaded to the Website by you. Any such data that you upload to the Website will, via your mobile service, subsequently become accessible to you in the Licensed Application and will be stored on your mobile device. Please check the Licensed Application for a list of the devices you may be able to use in conjunction with the Licensed Application. You agree that you will use such devices in the way they were intended to be used, and you further agree to comply with any and all applicable terms and conditions set forth by the distributors and/or manufacturers of such devices. You acknowledge and agree that HealthMedia® will have no responsibility whatsoever with respect to your use of such devices.

YOU UNDERSTAND THAT THE UPLOADING OF PERSONAL OR OTHER INFORMATION TO YOUR MOBILE DEVICE IN CONNECTION WITH THIS LICENSED APPLICATION IS AT YOUR OWN RISK AND THAT HEALTHMEDIA® IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR USE OF SUCH PERSONAL OR OTHER INFORMATION. ALL PERSONAL OR OTHER INFORMATION UPLOADED TO THE LICENSED APPLICATION MAY BE STORED ON YOUR MOBILE DEVICE AND YOU UNDERSTAND THAT THE SECURITY AND SAFETY OF YOUR MOBILE DEVICE AND THE KEYCODE AND PASSWORD TO ACTIVATE AND ACCESS THE LICENSED APPLICATION IS YOUR SOLE RESPONSIBILITY.

Mobile Device
Currently the Licensed Application is only available for use on the iPhone or iPod touch and requires you to (1) access Apple's App Store, and (2) have iTunes software installed on your computer. You agree that you will comply with the terms and conditions set forth by Apple Inc. for using the iPhone/iPod touch and iTunes, and you acknowledge and agree that HealthMedia® will have no responsibility whatsoever with respect to your use thereof.

Password
You are entirely responsible for maintaining the confidentiality of your keycode and password. You agree not to use the keycode or password of another user at any time or to disclose your keycode or password to any third party. You agree to notify HealthMedia® immediately if you suspect any unauthorized use of or access to your keycode or password. You are solely responsible for any and all use of the Licensed Application on your mobile device.

Termination of License
The license is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate automatically without notice from HealthMedia® if you fail to comply with any term of these Terms and Conditions. Upon termination of these Terms and Conditions, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

Accuracy of Data/No Endorsement
HealthMedia® does not guarantee the availability of and does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information or data contained or displayed in the Licensed Application.

Proper Use
You agree that the Licensed Application may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Licensed Application.

Modifications to Licensed Application
HealthMedia® reserves the right at any time and from time to time to interrupt, restrict (without cause and without notice to you), modify or discontinue, temporarily or permanently, the Licensed Application (or any part thereof) with or without notice. You agree that HealthMedia® shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Licensed Application.

Disclaimer of Warranties
THE WEBSITE AND THE LICENSED APPLICATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HEALTHMEDIA® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

HEALTHMEDIA® DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE OR THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE OR THE LICENSED APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. HEALTHMEDIA® MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE LICENSED APPLICATION OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE OR THE LICENSED APPLICATION.

Limitations of Liability
HEALTHMEDIA® AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEBSITE AND THE LICENSED APPLICATION. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.

ADDITIONALLY, IN NO EVENT WILL HEALTHMEDIA® OR ITS PARENTS, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (INCLUDING WITHOUT LIMITATION DUE TO THE THEFT, DESTRUCTION OR OTHER THIRD-PARTY MANIPULATION OF YOUR COMPUTER, MOBILE DEVICE OR OTHER DEVICE); (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT HEALTHMEDIA® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnification
You agree to indemnify and hold harmless HealthMedia®, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys' fees) directly or indirectly related to (1) your breach of the Agreement; (2) the content you submit, post, or transmit through the Website, or (3) your use of the Licensed Application and/or the unauthorized use of any personal information or data uploaded in connection with the Licensed Application.

Your Account
You are responsible for maintaining the confidentiality of any passwords associated with your HealthMedia® account, monitor all activity under the account, and assume full responsibility for all activities that occur under your account (unless caused by HealthMedia®).

Modification or Suspension
HealthMedia® may at any time modify, discontinue, or suspend its operation of this Website or the Licensed Application, or any part thereof, temporarily or permanently, without notice to you.

Termination
Either party may terminate the Agreement for any or no cause, at any time, by notice, which shall be effective immediately or as specified in the notice. After termination, you shall no longer access the Website or the Licensed Application. The provisions of this Agreement which by their intent or meaning intended to survive such termination shall continue to apply indefinitely.

Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.

Applicable Law
This Agreement and the resolution of any dispute related to this Agreement, the Website or the Licensed Application shall be governed by and construed in accordance with the laws of Michigan without giving effect to any principles of conflicts of law. Any legal action or proceeding between HealthMedia® and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Ann Arbor, Michigan, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.

Modifications to this Agreement
HealthMedia® may make changes to this Agreement from time to time in its sole discretion, by updating this posting on this Website, and specifying the effective date of the new version of the Agreement. Your continued use of the Website following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Website you should check to see if a new version of the Agreement has been posted.

Contact Information
If you have any questions or concerns with respect to this Agreement or the Website, you may contact a HealthMedia® representative at:


Client Services
HealthMedia, Inc.
130 S. First Street
Ann Arbor, MI 48104
admin@healthmedia.com


This policy was last revised on 11 February 2010