Thank you for visiting www.peopleonehealth.com (such website and its corresponding webpages, the “Website”) and/or accessing or downloading the PeopleOne™ mobile application (such application, together with any Updates thereof, the “Application”), which are owned and operated by PeopleOne Health, Inc. d/b/a PeopleOne Health (“PeopleOne” or “we”, “us”, or “our”). PeopleOne is a provider of fully integrated health plans for organizations focusing on the employee experience (“Employee Wellness Plans”). In connection with such plans, PeopleOne provides employees of Organizations (defined below) and their spouses (“Employees”) with personalized, in-person coaching services, and implements certain behavior-modification technology to help Employees prevent and reduce chronic illnesses by practicing healthy behaviors. Certain of such technology and associated services, information, content, data, and materials are available to Employees and Organizations (defined below) via the Website and the Application.
Terms Governing all Users
(II) REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER;
(IV) REPRESENT, WARRANT, AND COVENANT THAT YOU HAVE OBTAINED ADEQUATE CONSENT AND WRITTEN AUTHORIZATION FROM EACH INDIVIDUAL AND/OR ENTITY AS REQUIRED UNDER APPLICABLE LAW TO ENABLE YOU TO LEGALLY VIEW, ACCESS, USE, COLLECT, STORE, SUBMIT, UPLOAD, TRANSMIT, DISCLOSE, SHARE WITH, AND OTHERWISE PROVIDE TO US AND OUR SERVICE PROVIDERS ANY AND ALL INFORMATION, CONTENT, MATERIALS, FILES, AND/OR DATA THAT YOU HAVE OR WILL INPUT INTO THE WEBSITE AND/OR THE APPLICATION AND/OR THAT YOU CAUSE TO BE TRANSMITTED TO OR FROM OR SHARED THROUGH THE WEBSITE AND/OR THE APPLICATION OR WHICH YOU OTHERWISE PROVIDE TO US OR OUR SERVICE PROVIDERS IN CONNECTION WITH THE SERVICES INCLUDING, WITHOUT LIMITATION, YOUR OR YOUR EMPLOYEES’ PERSONALLY IDENTIFIABLE INFORMATION (AS DEFINED HEREIN) (COLLECTIVELY, “USER-PROVIDED DATA”).
About the Website, the Application, and our Services
- users of the Services, Website and/or the Application who are organizations employing one or more employees and who are parties to active and enforceable Service Agreements with us (“Organizations”) and their Authorized Users (defined below) to, via their respective Account Services (a) view and access certain aggregated and anonymized data concerning Employees, their use of the Services, and including usage, progress, and related information (“Anonymized Data”), as well as certain limited, non-anonymized data concerning Employees’ participation in activities or events associated with the Services, accrual of SparkPoints, and an Employee’s name and status of completion of certain activities or tasks (for example, that the Employee participated in biometric screening, that the Employee met with a health coach or visited a primary care physician), and/or met certain health outcomes (“Non-Anonymized Data”) and create and download reports based on such Anonymized Data and Non-Anonymized Data (the “Organization Reports”); (b) view and access certain content, materials, data, files, postings, messages, text, images, photos, videos, works of authorship, audiovisual materials, sounds, and other information (“Content”) made available from us or our Service Providers to you; (c) receive the SparkPoint Services (if elected), as discussed below; and (d) interact with and engage in other functionality, or obtain other Services, as may be made available from us to you via your Account Services or otherwise from time to time;
- users of the Services, Website and/or the Application who are Employees to, via their respective Account Services (a) view and access certain Personally Identifiable Information including name, email address, mailing address, phone number, social security number, employee ID or other identification methods, health insurance information, data concerning your participation in activities or events associated with the Services, accrual of SparkPoints, and your status of completion of certain activities or tasks (for example, whether you participated in biometric screening, whether you met with a health coach or visited a primary care physician), and/or whether you have met certain health outcomes (“Employee Data”) and create and download reports based on such Employee Data (“Employee Reports”); (b) view and access certain Content made available from your Organization, us or our Service Providers to you; (c) upload User-Provided Data and track certain health or wellness-related metrics such as, for example, your food intake, calories, exercise, water intake, and wellness; (d) schedule coaching sessions and interact with a health and wellness coach; (e) receive the SparkPoint Services (if elected by your Organization), as discussed below; (f) interact with and engage in other functionality, or obtain other Services, as may be made available from us to you via your Account Services from time to time; and (g) participate in your Organization’s programs including in health improvement programs which may involve tracking nutrition, fitness, and other results;
- all users of the Website (including visitors) to (a) view and access certain Content via the Website; (b) contact us via email for inquiries concerning our Services; and (c) interact with and engage in other functionality as may be made available from us to you via the Website from time to time (collectively, the “Functionality”).
YOU UNDERSTAND THAT WE MAY, IN OUR SOLE DISCRETION, REDUCE, ALTER, MODIFY, OR OTHERWISE DELETE ANY FUNCTIONALITY AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU, AND WE SHALL NOT BE LIABLE FOR ANY LOSSES ARISING OUT OF ANY SUCH REDUCTION, ALTERATION, MODIFICATION, OR DELETION OF ANY FUNCTIONALITY.
THE U.S. FOOD AND DRUG ADMINISTRATION (“FDA”) HAS NOT REVIEWED OR EVALUATED THE APPLICATION, THE WEBSITE, THE CONTENT, THE SERVICES, AND/OR ANY STATEMENTS PROVIDED IN CONJUNCTION THEREWITH OR AVAILABLE THEREFROM. THE WEBSITE, THE APPLICATION, THE CONTENT, AND THE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY HEALTH CONDITION, DISEASE, OR ILLNESS. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER BECAUSE OF CONTENT THAT YOU MAY OBTAIN FROM THE APPLICATION, THE WEBSITE, THE SERVICES, AND/OR OTHERWISE MADE AVAILABLE THEREFROM.
YOUR USE OF THE WEBSITE, THE APPLICATION, THE SERVICES, AND ALL CONTENT IS SOLELY AT YOUR OWN RISK. PEOPLEONE DOES NOT PROVIDE MEDICAL ADVICE. THE CONTENT IS FOR INFORMATIONAL PURPOSES ONLY. ALTHOUGH CONTENT MAY BE SHARED WITH YOU THROUGH THE WEBSITE OR THE APPLICATION BY INDIVIDUALS IN THE MEDICAL PROFESSION, THE USE OF PEOPLEONE’S WEBSITE OR THE APPLICATION TO SHARE INFORMATION WITH A MEDICAL PROFESSIONAL DOES NOT BY ITSELF, AND MAY NOT UNDER APPLICABLE LAW, CREATE A MEDICAL PROFESSIONAL-PATIENT RELATIONSHIP. PEOPLEONE DOES NOT AUTOMATICALLY REVIEW, MONITOR, OR EVALUATE ANY INFORMATION GENERATED FROM YOUR USE OF THE WEBSITE OR THE APPLICATION OR YOUR INTERACTIONS WITH OUR SERVICE PROVIDERS AND/OR EMPLOYEES (INCLUDING COACHES). THE WEBSITE, THE APPLICATION, THE SERVICES, AND THE ASSOCIATED CONTENT ARE INTENDED TO BE USED IN CONJUNCTION WITH MEDICAL TREATMENT AND EVALUATION BY A LICENSED PHYSICIAN. IF YOU ARE AN EMPLOYEE, IT IS YOUR RESPONSIBILITY TO PRESENT YOUR EMPLOYEE DATA AND/OR OTHER USER-PROVIDED DATA TO YOUR PHYSICIAN FOR PROPER EVALUATION. THE WEBSITE, THE APPLICATION, THE SERVICES, AND ANY AND ALL CONTENT ARE NOT SUBSTITUTES FOR, AND SHOULD NEVER BE USED IN LIEU OF, MEDICAL TREATMENT AND EVALUATION BY A LICENSED PHYSICIAN.
You Must Be At Least 18 Years of Age
From time to time and without providing notice to you, we will make changes or improvements to the Functionality, Services, Content, items, and/or features included on or made available via the Website and/or the Application and/or the Services available therefrom or associated therewith.
As used herein, “Process” means to take any action or perform any operation or set of operations on any data, information or other content, including to collect, receive, input, upload, download, record, reproduce, store, organize, compile, combine, log, catalog, cross-reference, manage, maintain, copy, adapt, alter, translate or make other derivative works or improvements, process, retrieve, output, consult, use, perform, display, disseminate, transmit, submit, post, transfer, disclose or otherwise provide or make available, or block, erase or destroy. “Processing” and “Processed” have correlative meanings.
User-Provided Data and User Contributions
The Website, the Application, the Services, and/or the Functionality may contain or allow access to message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow you or others of our users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "Post") content or materials (collectively, "User Contributions") on or through the Website or otherwise via the Services. In this context of Interactive Services, the term User Contributions means, without limitation, any Content, including User-Provided Data, Posted to an applicable team, private message, comment, message board, chat room, personal web page or profile, forum, bulletin board, or other interactive feature comprising the Interactive Services.
All User Contributions must comply with the Content Standards set forth below and published or modified by PeopleOne from time to time.
Any User Contribution that you Post will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and Service Providers, and each of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
PeopleOne is not responsible for any of the alleged medical advice or other information which may be posted to the PeopleOne community available via the Interactive Services. Specific medical advice can only be provided by your health care provider. Opinions expressed in the User Contributions are those of other users, and do not represent any advice or the opinion of PeopleOne, or your health care providers. If you are experiencing a medical problem, please consult your health care provider for diagnosis and treatment. The on-line community provided by the Interactive Services is not intended to be a place for the exchange of any identifiable medical information or data. Do not share any identifiable medical information or photos when Posting User Contributions via the Interactive Services. PeopleOne reserves the right to monitor information shared via the Interactive Services and, in its sole discretion without prior notice, may remove shared identifiable medical information evident in User Contributions. PeopleOne, its officers, directors, employees and agents shall not be liable for any use or disclosure of identifiable medical information Posted via the Interactive Services.
Specifically, you represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the use rights granted above to us and our affiliates and Service Providers, and each of their and our respective licensees, successors, and assigns.
- You understand and acknowledge that you are responsible for any User Contributions that you submit or contribute, and you, not PeopleOne, have full responsibility for such content (including Content and User-Provided Data), including its legality, reliability, accuracy, and appropriateness in accordance with the Content Standards.
We are not responsible or liable to any third party for the content, subject matter, or accuracy of any User Contributions that are Posted by you or any other user of the Website or the Services.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to Post any User Contributions for any or for no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material Posted by you violates their rights, including their intellectual property rights, or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website, the Application, the Services, or the Functionality.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone Posting any materials on or through the Website or the Services. YOU WAIVE AND HOLD HARMLESS PEOPLEONE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER PEOPLEONE, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is Posted, and cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international Laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, please contact us at email@example.com for instructions on sending us a notice of copyright infringement. It is the policy of PeopleOne to terminate the user accounts of repeat infringers.
You understand and agree that in performing the Services or otherwise making available the Website or the Application (including any Functionality) to you, we may, in our discretion, utilize third party contractors and service providers (“Service Providers”) and you consent to their use by us.
Representations, Warranties, Covenants, and Obligations of Users
If you are an Organization or an Authorized User, you represent, warrant, and covenant to PeopleOne that prior to collecting and/or uploading, transmitting, or otherwise providing to us or our Service Providers any Employee Onboarding Information (or any other Personally Identifiable Information of or concerning any person), you have obtained from such individual a fully executed valid authorization permitting you to send PeopleOne such information and have uploaded or otherwise provided a copy of the authorization to us via the Website or the Application or other manner directed by us. “Personally Identifiable Information” means any information or data that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual, device, or household such as, names, addresses, phone numbers, IP addresses, email addresses, or other unique or persistent identifiers, and/or which can be used to authenticate an individual, such as, social security numbers, driver’s license number, passwords, financial account numbers, credit card numbers, credit report information, health and medical information (including, without limitation, protected health information as defined by the Health Insurance Portability and Accountability Act, as amended) (“HIPAA”), biometric identifiers, user names, geolocation information and/or behavioral information of an individuals.
If you are an Organization, you agree that (i) if at any time an Employee is no longer employed by you (or if such Employee is a spouse of an employee, such Employee’s spouse is no longer employed with you); or (ii) an Employee requests that you delete such Employee’s Personally Identifiable Information, you agree that you will promptly notify PeopleOne of such event or request so that we can delete any Personally Identifiable Information concerning such Employee (to the extent not prohibited per applicable Law); and you shall refrain from transmitting any further Personally Identifiable Information of any type concerning such Employee unless and until you have re-secured such Employee’s prior written consent as required per applicable Law. If you provide such a notice as set forth above, PeopleOne will use commercially reasonable efforts to delete all Personally Identifiable Information concerning such Employee in PeopleOne’s or its Service Providers’ possession, custody, or control and, upon your request, will provide you with a certificate certifying that such Personally Identifiable Information is deleted and no longer available (unless otherwise required per applicable Law). PeopleOne agrees that it will not use Personally Identifiable Information of Employees to engage in targeted advertising of third party products or services.
If you are an Organization, you further agree to provide us with Employee Onboarding Information solely in the manner described by us or mutually agreed upon by us and you, which manner shall comply with any applicable Data Security Laws including, without limitation, legal requirements concerning the encryption, transmission, and Processing of Personally Identifiable Information comprising the Employee Onboarding Information. In some circumstances, the Organization may need to authorize its health insurance provider or insurance broker to provide PeopleOne with certain Employee Onboarding Information and you hereby consent to PeopleOne’s access to and use of this information. “Data Security Laws” shall mean Laws, treaties, restrictions or approvals issued or entered by, any governmental authority or entity which govern the collection, handling, storage, distribution, Processing, use, transmission, disclosure, importing, exporting and/or maintenance of Personally Identifiable Information including, without limitation, HIPAA, the General Data Protection Regulation, and California Consumer Privacy Act. “Laws” means all foreign and domestic constitutions, laws, statutes, ordinances, rules, rulings, regulations, orders, charges, directives, determinations, common law, executive orders, writs, judgments, injunctions, decrees, restrictions or similar pronouncements of any governmental authority or entity.
Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to the Website, the Application, or the Services is strictly prohibited. PeopleOne reserves all rights and remedies available to it.
Availability of Website, Application, and Services
Unless otherwise indicated, you acknowledge and agree that the Website and the Application and their design, text, Content, information, data, materials, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion and other matters related to the Website and/or the Application are protected under applicable copyright, trademark and other proprietary laws, including but not limited to those of the United States, and all rights therein are the property of PeopleOne or the material is included with the permission of the rights owner.
Except as expressly set forth herein (or in another agreement between you and us) or as permitted per applicable Law, neither the Website nor the Application or any portions of the foregoing (including any Content), may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the rightsholders’ express prior written permission.
Certain of the names, logos, and other materials displayed on the Website and/or the Application constitute Marks owned by PeopleOne or other entities and licensed to PeopleOne for use, including but not limited to PEOPLEONE HEALTH, SPARKPOINTS, SPARKCOACH, SPARKAMERICA, SPARKPEOPLE, SPARKPAGES, DAILYSPARK, SPARKDIET, and SPARKRECIPES. You are not authorized to use any of such Marks for any reason, except as permitted per applicable Law. Ownership of all such Marks and the goodwill associated therewith remains with PeopleOne or its licensors.
Content; Copyrights; Restrictions on Use
- You understand that by using or accessing the Website or the Application, you may encounter Content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use and access the Website and/or the Application at your sole risk and that we shall not have any liability to you for Content, including User Contributions, that may be found to be offensive, indecent, or objectionable. And further (for the avoidance of doubt, in the context of the list provided below, the term Content includes, without limitation, User Contributions):
- The following is a representative (but non-exhaustive) list of the kind of Content that is illegal or prohibited. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending Content. For example, prohibited Content includes Content that:
- is patently offensive, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
- promotes or contains information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes, contains, or comprises an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personally identifiable information (including Personally Identifiable Information) for commercial or unlawful purposes from other users;
- promotes commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
- contains or comprises non-local or otherwise irrelevant Content, is repetitious to the same or similar Content already contained on the Site, or otherwise imposes an unreasonable or disproportionately large load on our infrastructure.
b. You must use the Website and Content in a manner consistent with any and all applicable Laws; and
c.You may not engage in advertising to, or solicitation of, others to buy or sell any products or services through the Website. Although we cannot monitor the conduct of users off the Website, it is also a violation of these Terms to use any Content obtained from the Website or the Application in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any person.
Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages, losses or other costs (from any party) related to such exposure.
Linking to the Website and Links from the Website; Social Media
You may link to the homepage of the Website provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Website and/or the Application may include links to other sites and resources provided by third parties. We have no control over the content of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of such sites. If you decide to access any third party websites linked to the Website and/or the Application, you do so entirely at your own risk and subject to the terms and conditions of use of such websites.
The Website and Application may be available via mobile devices. When accessing the Website or the Application (or any Services) through a mobile device, you agree to be responsible for all of your wireless service carrier’s standard charges, data rates and other applicable fees. You agree that your use of the Website or Application will comply with the usage rules established by your service provider and agree to be solely and fully liable to the extent your use of the Website or Application do not comply with such usage rules.
Product & Services Information
All references on the Website or the Application to information, materials, products and services apply to information, materials, products and services available in the United States, unless otherwise stated.
Limitation of Liability and Disclaimer of Warranties
THE INFORMATION AND/OR CONTENT PRESENTED ON OR THROUGH THE WEBSITE AND/OR THE APPLICATION OR OTHERWISE IN CONNECTION WITH THE SERVICES IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, THE APPLICATION, AND/OR THE SERVICES (AND ANY ASSOCIATED CONTENT) IS AT YOUR SOLE RISK.
PEOPLEONE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE, THE APPLICATION, THE SERVICES, AND/OR ANY PRODUCTS OR SERVICES OFFERED THEREON AND/OR ANY CONTENT, INFORMATION, DATA, AND/OR MATERIALS AVAILABLE THEREFROM (INCLUDING, WITHOUT LIMITATION, OUR CONTENT AND ANY USER-PROVIDED DATA OR USER CONTRIBUTIONS), INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. PEOPLEONE DOES NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIMS ANY, REPRESENTATION OR WARRANTY THAT THE WEBSITE, THE APPLICATION, THE SERVICES, AND/OR ANY CONTENT AVAILABLE THEREFROM DOES NOT INFRINGE UPON, MISAPPROPRIATE, DILUTE, OR OTHERWISE VIOLATE THE RIGHTS INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY.
THE WEBSITE, THE APPLICATION, THE SERVICES, THE FUNCTIONALITY, AND/OR ANY CONTENT ARE ALL PROVIDED “AS IS” AND “AS AVAILABLE, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, AS SET FORTH BELOW. TO THE FULLEST EXTENT PERMITTED PER APPLICABLE LAW, PEOPLEONE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE (i) ACCURACY, COMPLETENESS, CORRECTNESS OR TIMELINESS OF THE WEBSITE, THE SERVICES, OR THE APPLICATION OR OF THE CONTENT PROVIDED THEREON OR AVAILABLE THEREFROM, (ii) THE QUALITY AND SECURITY OF THE WEBSITE, THE APPLICATION, AND/OR THE SERVICES, OR (iii) THE INABILITY TO ACCESS THE WEBSITE, THE APPLICATION, AND/OR THE SERVICES (OR ANY CONTENT THEREON), INCLUDING WHETHER THE WEBSITE AND/OR THE APPLICATION OR ANY ASSOCIATED CONTENT WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE WEBSITE, THE APPLICATION, THE SERVICES, AND/OR ANY CONTENT AVAILABLE THEREFROM.
WHEN USING THE WEBSITE AND/OR THE APPLICATION, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF PEOPLEONE. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED PER APPLICABLE LAW, PEOPLEONE ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, LOSS, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITE AND/OR THE APPLICATION (OR OTHERWISE PROVIDED IN CONNECTION WITH THE SERVICES), AND YOU (AND NOT PEOPLEONE) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. WE DO NOT ASSUME ANY LIABILITY RELATED TO YOUR USE OF ANY THIRD PARTY WEBSITE LINKED TO THROUGH THE WEBSITE AND/OR THE APPLICATION OR OTHERWISE.
YOU ACKNOWLEDGE THAT WE HAVE NO SPECIAL RELATIONSHIP OR FIDUCIARY DUTY TO YOU. YOU ACKNOWLEDGE THAT WE HAVE NO CONTROL OVER AND NO DUTY TO TAKE ACTION REGARDING WHAT EFFECTS THE CONTENT ON THE WEBSITE AND/OR THE APPLICATION OR OTHERWISE PROVIDED BY US MAY HAVE ON YOU OR HOW YOU MAY INTERPRET OR USE THE CONTENT, OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF BEING EXPOSED TO THE CONTENT OR OUR SERVICES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, THE APPLICATION, AND/OR SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING.
TO THE FULLEST EXTENT PERMITTED PER APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY CONTENT, INFORMATION, DATA, OR MATERIALS MADE AVAILABLE TO YOU ON OR THROUGH THE WEBSITE AND/OR THE APPLICATION OR OTHERWISE IN CONNECTION WITH THE SERVICES. ANY RELIANCE YOU PLACE ON INFORMATION PROVIDED OR SERVICES RENDERED ON OR THROUGH THE WEBSITE AND/OR THE APPLICATION IS AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH INFORMATION AND/OR ON OUR SERVICES BY YOU OR ANY OTHER VISITOR OF THE WEBSITE AND/OR THE APPLICATION, OR BY ANYONE WHO MAY BE INFORMED OF ITS CONTENTS.
Limitation of Damages and Remedies
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL DAMAGES, OR LIMITATIONS UPON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Term and Termination
PeopleOne is based in the United States of America and makes no claims that the Website, the Application, the Services, and/or any Content are appropriate for, or may be accessed, downloaded or used by, persons residing (permanently or temporarily) outside of the United States of America. PeopleOne makes no representation that the Website, the Application, the Services, and/or any Content are appropriate or may legally be used in the nation, state, province or other jurisdiction in which you reside, access the Functionality, do business, or are incorporated or organized, and access to the Website and the Application is prohibited in jurisdictions where the Website and/or the Application, or their Content, are illegal.
Those who choose to access the Website and/or the Application do so on their own initiative and are responsible for compliance with applicable Laws including, without limitation, local Laws in the jurisdiction from which the Website and/or the Application is accessed. Privacy Laws in the locations where we handle your Personally Identifiable Information may not be as protective as the privacy Laws in your home country. Access to the Website and/or the Application may not be legal by certain persons in certain countries. If you access the Website and/or the Application from outside the United States of America, you do so at your own risk and are responsible for compliance with the Laws of your jurisdiction.
Jurisdiction and Choice of Law
You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with PeopleOne, including without limitation any claim involving PeopleOne or its parents, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants and agents, and/or the Application, the Website, the Services, and/or the Content (or your use thereof): (i) you will submit to the jurisdiction of the courts of Pennsylvania, including, without limitation, a court having competent jurisdiction in Philadelphia County, Pennsylvania, and (ii) you irrevocably waive any objection that you may have at any time to the laying of venue of any such suit, action or proceeding in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.
Severability and Non-Waiver
Survivability and Reservation of Rights
Limitation on Time to File Claim
Our Contact Information
Additional Terms Governing Employees and Organizations
Account Security and Account Services
Creation of Accounts and Associated Responsibilities
Accounts are for designated users and cannot be shared or used by anyone other than the user who registered the Account. Employees understand that they will not be able to create an Account until their corresponding Organization(s) have an effective Service Agreement with us and provide us with certain Employee-related data including your name, address, gender, date of birth, certain health information from your Organization’s insurer and your social security number (“Employee Onboarding Information”), which Employee Onboarding Information is used by us to verify that you are an Employee at the time you create an Account. You hereby consent to our and our Service Providers’ receipt and use of, and your Organization’s provision to us or our Service Providers of, the Employee Onboarding Information as needed for us to provide the Account Services to you and/or your Organization during the term.
If you are an Organization, you may only grant access to your Account to individuals employed by the Organization: (i) who you expressly authorize to receive access to all information provided on the relevant Account; (ii) who you identify in writing to us; and (iii) who create a corresponding Account on behalf of the Organization (“Authorized Users”).
Account Users must treat their Log-In Information as confidential, and you must not disclose your (or if you are an Authorized User, your Organization’s) Log-In Information to any other person or entity. You agree not to attempt, in any manner, to access the Account of any other person or entity or to otherwise circumvent the security features of the Website or the Application in order to unlawfully access the Account Services or any Functionality or Content not expressly made available to you by us. Sharing your Account with any other individual or entity by, for example only, sharing your Log-in Information with any other individual or entity or otherwise granting any other individual or entity access to the Account Services, is grounds for immediate termination of your Account and/or the associated Account Services as set forth herein as well as revocation of any licenses granted to you by us. Furthermore, such action(s) constitute a breach of this Agreement and you agree to be liable for any and all direct, special, indirect, consequential or incidental damages arising from your performance of or engagement in such actions. Moreover, you agree and acknowledge that PeopleOne will have the right to seek injunctive relief enjoining such actions, it being acknowledged that legal remedies are inadequate to compensate PeopleOne for the harm caused by such actions.
You are responsible for all activity performed and transactions entered into on or through your Account, whether by you, your Authorized Users, or a third party, and you agree that PeopleOne may treat any activity performed or transaction entered into on or through your Account as authorized by you. If you are an Authorized User, you are responsible for all activity performed and transactions entered into on any Account that was accessed using your Log-In Information. You agree to notify us immediately of any unauthorized access to your or your Organization’s Account, unauthorized use of your Log-In Information or any other breach of security. You also agree to ensure that you exit from your or your or your Organization’s Account at the end of each session. You should refrain from accessing your or your Organization’s Account from public or shared computers, and you should only access your or your Organization’s Account from a personal computer or, with respect to the Application as available on the IOS™ operating system, via an appropriate Apple-branded device or, with respect to the Application as available via the Android™ operating system, an Android™ operating system-compatible device. You should use particular caution when logging into and using your or your Organization’s Account and when submitting User-Provided Data through the Website and/or the Application so that others are not able to view or record your Log-In Information, Account information, any such User-Provided Data, or other information on or accessible through your or your Organization’s Account.
To the fullest extent permitted per applicable law, PeopleOne will not be responsible to you or any third-party if you do not properly secure your or your Organization’s Log-In Information or if you choose to share your or your Organization’s Log-In Information with anyone else or if another person or entity gains access to your or your Organization’s Account or as a result of your negligence, gross negligence, and/or knowing or willful misconduct.
Your Rights Regarding Account Services
Your Responsibilities as to Account Services
In addition to the other responsibilities set forth herein and applicable generally to other users, if you are an Account User you agree to notify PeopleOne (via the Notice section set forth below) promptly upon discovery of any unauthorized access, use or disclosure of any Personally Identifiable Information, password-protected or confidential information in connection with the Account, or Log-in Information, or of any other breach of this Agreement, and will cooperate with us to regain possession of such information or Log-in Information and prevent its further unauthorized access, use or disclosure.
You acknowledge and agree that if you use your Account to access or use any Interactive Services, you will abide by the Content Standards for all User Contributions that you Post via your Account.
Terms and Conditions Governing SparkPoints
If you are an Organization, you may elect to enable certain functionality or receive certain Services whereby we, on your behalf, (i) assign certain point values to your Employees’ completion of certain activities or tasks, which your Employees can redeem to you for certain prizes or awards (“SparkPoints”), (ii) record, display, and keep track of your Employees’ completion of SparkPoint-earnable tasks and activities and the number of SparkPoints your Employees have accrued, (iii) deduct or subtract SparkPoints from an Employee’s account when you advise us that an Employee has redeemed a certain number of SparkPoints, and (iv) provide you and your Employees with an indication of the number of SparkPoints associated with an Employee (collectively, the “SparkPoint Services”).
If you are an Organization or Employee, you understand and agree that (i) Organizations are solely responsible for setting the number of SparkPoints associated with the completion of a certain task or activity, (ii) Organizations are solely responsible for fulfilling any redemption requests from an Employee including, without limitation, making available, purchasing, and handling any tax-implications associated with providing, any associated prizes or awards, (iii) Organizations are solely responsible for informing PeopleOne of the number of SparkPoints that an Employee redeems promptly after an Employee’s redemption of any SparkPoints, (iv) SparkPoints have no monetary value and are not valid currency; and (v) SparkPoints may not be used for any reason other than as set forth herein and as lawfully agreed between Organization and Employee in connection with the redemption of prizes and awards.
We reserve the right to discontinue or modify the SparkPoint Services at any time and for any reason, with or without notice to you and shall not be liable for any such discontinuation or modification.
Additional Provisions Related to the Application
You agree that this Agreement is between you and us only and not with Apple, Inc. or its affiliates (“Apple”) or Google Inc. or its affiliates (“Google”). Apple and Google are not responsible for the Application or the contents thereof.
The Application may be subject to United States export control Laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export or release is prohibited by Law.
1. copy, distribute, share, perform, transmit, display or create derivative works or improvements of the Application or any Content (including User Contributions) appearing thereon or made available therefrom or via the Services;
2. use the Application or access the Services on a device that you do not own or control;
3. sublicense, lease, lend or sell the Application or Services to any other person or entity;
4. copy, disassemble, reverse engineer, decompile or otherwise attempt to derive the source code for the Application;
5. delete or destroy any proprietary markings or legends associated with the Application or the Content (including User Contributions) appearing thereon or made available therefrom or via the Services or circumvent any associated security measures;
6. decrypt, extract, or otherwise attempt to discover any source code or trade secrets contained in or accessible via the Application;
7. use the Application and/or the Services for any unlawful purpose or in a manner inconsistent with any Law or in a reckless manner; and/or
You acknowledge and agree that if you use the Application to access or use any Interactive Services, you will abide by the Content Standards for all User Contributions that you Post via the Application.
Additional Terms Governing Android™ Users
You understand and agree that Android™ is a trademark of Google, LLC.
Additional Terms Governing IOS™ Users
Furthermore, if you are using the Application on the IOS™ operating system and obtained the Application via the Apple App Store® online store, THE FOLLOWING PROVISIONS APPLY TO YOU, NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY IN THIS AGREEMENT: IN THE EVENT ANY WARRANTIES ARE NOT DISCLAIMED AS A MATTER OF LAW, AND IN THE EVENT THE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE FOR THE APPLICATION (IF ANY) TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY SUCH WARRANTY IS OUR SOLE RESPONSIBILITY. FURTHERMORE, YOU AND WE UNDERSTAND AND ACKNOWLEDGE THAT TO THE EXTENT ANY CLAIMS ARE NOT DISCLAIMED UNDER THIS AGREEMENT, WE, AND NOT APPLE, ARE RESPONSIBLE FOR ADDRESSING ANY SUCH CLAIMS BY YOU OR ANY THIRD PARTY RELATING TO THE APPLICATION OR YOUR POSSESSION AND/OR USE OF THE APPLICATION INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION. FURTHERMORE, YOU AND WE UNDERSTAND AND ACKNOWLEDGE THAT TO THE EXTENT ANY SUCH CLAIMS ARE NOT DISCLAIMED UNDER THIS AGREEMENT, IN THE EVENT OF ANY THIRD PARTY CLAIM THAT THE APPLICATION OR YOUR POSSESSION AND USE OF THE APPLICATION INFRINGES A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, WE, AND NOT APPLE, WILL BE SOLELY RESPONSIBLE FOR THE INVESTIGATION, DEFENSE, SETTLEMENT, AND DISCHARGE OF ANY SUCH INTELLECTUAL PROPERTY INFRINGEMENT CLAIM (TO THE EXTENT NOT DISCLAIMED HEREUNDER). YOU REPRESENT AND WARRANT THAT (I) YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A U.S. GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE U.S. GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY; AND (II) THAT YOU ARE NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES. YOU MUST COMPLY WITH APPLICABLE THIRD PARTY TERMS OF AGREEMENT WHEN USING THE APPLICATION. YOU AND WE ACKNOWLEDGE AND AGREE THAT APPLE, AND APPLE’S SUBSIDIARIES, ARE THIRD PARTY BENEFICIARIES TO THIS AGREEMENT, AND THAT, UPON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, APPLE WILL HAVE THE RIGHT (AND WILL BE DEEMED TO HAVE ACCEPTED THE RIGHT) TO ENFORCE THE AGREEMENT AGAINST YOU AS A THIRD PARTY BENEFICIARY THEREOF.
You understand that IOS is a trademark or registered trademark of Cisco in the U.S. and other countries and is used under license. App Store® is a registered trademark of Apple Inc.