PeopleOne Health Terms and Conditions

These Terms of Use were last updated and are effective as of: February 8, 2022

PeopleOne Health – Terms of Use

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

Whether you are a visitor to the Website, an Employee utilizing our Services including, without limitation, the Account Services, or an Organization or an Authorized User acting on behalf of an Organization utilizing our Services including, without limitation, the Account Services, these terms of use and associated conditions (“Terms of Use”) are applicable to you and govern your access to and use of the Website and the Application, as well as the Content (defined below), functionality, and/or services offered through or associated with the Website and the Application and otherwise provided by us or our Service Providers to you. If you are an Organization, separate terms and conditions also govern your purchase and use of, and your and our rights, duties, and obligations with respect to, our Services and are set forth in a separate agreement between you and us (such agreement a “Service Agreement”). To the extent you are an Organization that is a party to a Service Agreement with PeopleOne and there is any conflict between the terms and conditions of these Terms of Use and the Service Agreement, the terms and conditions in the Service Agreement shall govern and control as between you and us. Throughout these Terms of Use, the terms “you,” and “your” refer to any visitor to or user of the Website or the Application, or recipient of our Services including but not limited to Organizations, Authorized Users, and Employees.

PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE YOU START USING THE WEBSITE OR THE APPLICATION OR OTHERWISE UTILIZING OUR SERVICES. BY ACCESSING THE WEBSITE, DOWNLOADING OR USING THE APPLICATION, CAUSING OR AUTHORIZING INFORMATION OR DATA TO BE TRANSMITTED TO OR THROUGH THE WEBSITE OR THE APPLICATION, RECEIVING OUR SERVICES, BY MANIFESTING YOUR ACCEPTANCE OF THESE TERMS PURSUANT TO A SERVICE AGREEMENT, OR BY CLICKING OR CHECKING THE “I ACCEPT” BUTTON OR CLICKBOX IF AND WHEN THIS OPTION IS MADE AVAILABLE, YOU:

(I) AGREE TO BE LEGALLY BOUND, WITHOUT LIMITATION OR QUALIFICATION, TO THESE TERMS OF USE AND THE PRIVACY POLICY LOCATED AT HTTPS://PORTAL.PEOPLEONEHEALTH.COM/HEALTHYLIVING/ARTICLE/1464;

(II) REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER;

(III) REPRESENT AND WARRANT THAT, IF YOU ARE ENTERING INTO THESE TERMS OF USE ON BEHALF OF AN ORGANIZATION (INCLUDING, WITHOUT LIMITATION, PURSUANT TO A SERVICE AGREEMENT), YOU ARE AUTHORIZED TO ACT ON BEHALF OF THE ORGANIZATION AND TO BIND THE ORGANIZATION TO THESE TERMS OF USE, AND YOU UNDERSTAND THAT “YOU” AND “YOUR” AS USED HEREIN REFER TO BOTH YOU INDIVIDUALLY AND TO THE ORGANIZATION UNLESS OTHERWISE INDICATED; AND

(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”).

IF YOU DO NOT AGREE TO ALL, OR ANY, OF THE PROVISIONS IN THESE TERMS OF USE PLEASE IMMEDIATELY EXIT AND MAKE NO FURTHER USE OF THE WEBSITE OR THE APPLICATION OR OUR SERVICE AND DELETE THE APPLICATION FROM YOUR DEVICE(S).

Access to and use of the Website and the Application, as well as our Services, are subject to all applicable laws and regulations as well as these Terms of Use and our Privacy Policy located at the link set forth above (“Privacy Policy”), which, together with any Service Agreement (if applicable) and any other written agreements entered into between you and us or our Service Providers, set forth the legally binding terms related to your access and use of the Website and the Application and any and all services available therefrom or associated therewith or otherwise provided by us to you including, without limitation, any services provided by us or our Service Providers in connection with your Employee Wellness Plan (“Services”).

About the Website, the Application, and our Services

Subject to these Terms of Use and your compliance therewith, the Website and/or the Application, and/or the Services available therefrom or provided by us allow:

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.

NOTWITHSTANDING THE FOREGOING OR ANYTHING ELSE TO THE CONTRARY IN THESE TERMS OF USE, YOU UNDERSTAND AND AGREE THAT YOU SHALL NOT USE THE WEBSITE, THE APPLICATION, ANY CONTENT AVAILABLE THEREFROM, AND/OR PEOPLEONE’S SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU OR ANOTHER PERSON EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTH CARE PROVIDER AND 911.

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

By using the Website and/or by downloading, accessing, or using the Application or using our Services, or otherwise agreeing to these Terms of Use, you certify that you are at least eighteen (18) years of age.

Changes to the Website, the Application, the Services, and/or Terms of Use

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.

Additionally, from time to time and in our sole discretion, we may change or make additions to these Terms of Use, in which case we will post notice of the revised Terms of Use on the Website and the Application within at least ten (10) days of the revised Terms of Use coming into effect. To the extent you continue to use or access the Website or the Application or any Services after the effective date of the new Terms of Use, or to the extent you otherwise indicate your acceptance of the revised Terms of Use via clicking an “I accept” click box or other similar option if and when this option is made available to you, you shall be deemed to have assented to such revised Terms of Use. They will apply prospectively only. You further agree that these methods of providing notice and acceptance of changes or amendments to these Terms of Use, the Website, the Application, and any Services are reasonable.

You are responsible for reviewing the most current version of the Terms of Use before using the Website and/or the Application or any Services to ensure that you agree to any revisions to the Terms of Use. If at any time you do not agree to the revisions, you should immediately cease all use of and access to the Website, the Application, and the Services, and delete the Application from your device(s). To the extent that you have stored, submitted, transmitted, disclosed, or shared your Personally Identifiable Information, you shall provide written notice to support@peopleonehealth.com upon termination, cancelation, or expiration of these Terms of Use, or other conclusion of your use of the Website and/or the Application. PeopleOne will, if feasible, and as required per applicable law, within forty-five (45) days of such notice or other termination of these Terms of Use return to you or destroy all Personally Identifiable Information concerning you that PeopleOne received, in whatever form or medium (including in any electronic form), including all copies and any data or compilations derived from and allowing identification of you except to the extent PeopleOne is required to retain such information as per applicable laws or regulations.

Privacy Policy

You agree that all information and User-Provided Data (including Personally Identifiable Information) you provide to PeopleOne through the Website, the Application or otherwise in connection with the Services, is governed by our Privacy Policy which is hereby incorporated in these Terms of Use. By using the Website or Services or by downloading or using the Application, you are accepting the terms and conditions of our Privacy Policy. If you do not agree to your information being used in any of the ways described in the Privacy Policy, you must discontinue use of the Website and the Application and any Services, and delete the Application from your device(s). To the extent that you have stored, submitted, transmitted, disclosed, or shared protected health information to or with us, you shall provide written notice to support@peopleonehealth.com upon termination, cancellation, or expiration of these Terms of Use, or other conclusion of your use of the Website and/or the Application or any Services.

License Grants

Concerning the Website, in consideration of your agreement to the terms and conditions in these Terms of Use and any additional agreements and/or terms and conditions provided on the Website, as may be amended from time to time by us in our sole discretion (as set forth herein or therein), and subject thereto and your compliance therewith, we hereby grant to you a limited, revocable, single-user, non-exclusive, non-transferable, non-sublicensable license, during the term, to (1) access and make personal, non-commercial use of the Website and any associated Services, in each case in accordance with the Functionality made available to you by us or our Service Providers; and (2) in connection with such use, to display for your personal, non-commercial purposes, the Content appearing on the Website and made available to you. Furthermore, your computer or mobile device may temporarily store copies of the Website or Content appearing thereon or available therefrom in RAM incidental to your accessing and viewing those materials; and you may store files that are automatically cached by your Web browser for display enhancement purposes. The foregoing license excludes any license in Reports, which is separately addressed below.

Concerning the Application, in consideration of your agreement to the terms and conditions in these Terms of Use and any additional agreements and/or terms and conditions provided on the Application or the Website, as may be amended from time to time by us in our sole discretion (as set forth herein or therein), and subject thereto and your compliance therewith, and provided you are an Employee or Organization, we hereby grant to you a limited, single-user, non-exclusive, non-sublicensable and non-transferable license, during the term, to (a) download, install, access, and use the most current version of the Application (in object code version only) on any compatible Apple-branded devices that you own or control (for the IOS™ operating system version of the Application) and on any Android™-compatible device that you own or control (for the Android™ operating system version of the Application), and access and use any associated Services, in each case in accordance with the Functionality made available to you by us or our Service Providers and solely for your personal or internal business use; and (b) in connection with such use, to display for your personal, non-commercial purposes, the Content appearing on the Application and made available to you. The foregoing license excludes any license in Reports, which is separately addressed below.

Concerning Organization Reports and Employee Reports (collectively, “Reports”), in consideration of your agreement to the terms and conditions in these Terms of Use and any additional agreements and/or terms and conditions provided on the Application or the Website, as may be amended from time to time by us in our sole discretion (as set forth herein or therein), and subject thereto, and provided you are an Employee or Organization, we hereby grant to you a limited, single-user, non-exclusive, non-sublicensable, non-transferable, perpetual (during the term and thereafter) license to reproduce, privately display, distribute and prepare derivative works of Reports made available to you by us or our Service Providers or otherwise created by you using the Functionality made available to you by us or our Service Providers solely for your personal or internal business use and for non-commercial purposes.

Concerning User-Provided Data, you hereby grant to us and our affiliates (and our Service Providers) a worldwide, non-exclusive, irrevocable, royalty-free, transferable, sublicensable, right and license during the term and thereafter for so long as such license is needed for us to exercise our rights or perform our duties or obligations under these Terms of Use or our Privacy Policy, to reproduce, make derivative works of, privately and publicly distribute, privately and publicly display, privately and publicly perform, link to, Process, and otherwise use User-Provided Data as needed for us to provide the Website, the Application, and the Services, and to offer the Functionality described herein to you. You grant the rights hereunder whether or not your User-Submitted Data is used in any manner by PeopleOne and PeopleOne reserves the right in its respective, sole discretion NOT to use any User-Submitted Data. You waive all rights related to PeopleOne’s and its Service Providers’ use of the User-Submitted Data and release, discharge and hold harmless PeopleOne, its parent, affiliates, subsidiaries and its and their respective officers, directors, employees, agents, contractors (including Service Providers), successors and assigns from any claims, causes of action, damages, liabilities, judgments, settlements, costs or expenses of any sort arising out of or connected with the use of your User-Submitted Data in a manner compliant with these Terms of Use, our Privacy Policy, and applicable Laws.

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.

Except as expressly set forth in these Terms of Use and our Privacy Policy or any other agreement entered into between us and you (including, for example, any Service Agreement), (i) PeopleOne shall not have any other rights, implied or otherwise, to User-Provided Data including, without limitation, any right to sell or trade User-Provided Data, and (ii) you shall not have any other rights, express, implied, or otherwise in and to the Website, the Application, any Services or Content, or any other data, content, materials, information, or intellectual property of PeopleOne or its affiliates, all rights in which are expressly reserved by PeopleOne.

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.
All of your User Contributions do and will comply with these Terms of Use, including the Content Standards.
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.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the Services or the public, or could create liability for PeopleOne.
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.
Terminate or suspend your access to all or part of the Website, the Application, the Services, or the Functionality for any reason or for no reason, including without limitation, any violation of these Terms of Use.

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.

Content Standards

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.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable Laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
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.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please contact us at support@peopleonehealth.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.

Service Providers

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

You represent, warrant, and covenant to PeopleOne that: (i) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under these Terms of Use; (ii) you shall comply with all terms and conditions set forth herein and all applicable Laws governing your use and access of the Website and/or the Application and/or use of the Services; (iii) all of your User-Submitted Data are true, accurate, and complete, and you acknowledge that you are responsible for updating and correcting such User-Submitted Data as appropriate; (iv) you shall not use the Website or the Application or any Services: (a) to violate any Law; or (b) to interfere with or disrupt the servers or networks connected to the Website and/or the Application, or disobey any requirements, procedures, policies or regulations of networks connected to the Website and/or the Application; (v) except as expressly permitted by these Terms of Use (or any other agreement entered into between you and us) or as permitted per applicable Law, you will not display, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, the Application, or the Services (or any Content appearing thereon or available therefrom); (vi) you shall not circumvent any security measures on the Website or the Application, including accessing any portions of the Website or the Application from which you are restricted or forbidden to access; (vii) you have all necessary rights, permissions, authorizations, and consents required to provide to us User-Provided Data and any User Contributions, as applicable; and (viii) without our prior written consent, you will not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to monitor or copy our web pages or the content contained thereon; (c) link or deep-link to the Website or the Application for any purpose; or (d) frame the Website or the Application, place pop-up windows over its pages, or otherwise affect the display of the Website or the Application. Furthermore, you are responsible for making all arrangements necessary for you to have access to the Website and/or the Application, including for ensuring that your computers, mobile devices, modems, software, hardware, internet and telephone services and other products and services necessary to connect to and use and access the Website or the Application are compatible therewith. We are in no way responsible for your inability to access or otherwise use the Website, the Application or the Services. Finally, to the fullest extent permitted per applicable Law, you are solely responsible for all User-Provided Data (including, without limitation, any and all Content and User Contributions that you submit, upload, or transmit through the Application or the Website). You shall not upload any User-Provided Data or User Contribution that is patently offensive, harassing, unlawful, that is false or misleading, or that is otherwise objected to by us.

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.

Your obligations under these Terms of Use are of a special and unique character for which PeopleOne cannot be reasonably or adequately compensated in damages in the event you breach your obligations hereunder. Therefore, PeopleOne shall, in addition to all other remedies which may be available, be entitled to injunctive and other equitable relief in the event of the breach or threatened breach of your obligations under these Terms of Use.

Availability of Website, Application, and Services

You understand and agree that PeopleOne may change, suspend or discontinue the Website, the Application, the Services, and/or the Content available therefrom (or any portion thereof) at any time, including the availability of any Functionality or other feature, software, database, or Content associated therewith and PeopleOne shall have no liability associated with any such change, suspension or discontinuation. Moreover, PeopleOne may limit or restrict access to the Website, the Application, and/or the Services at its sole discretion without notice or liability if PeopleOne reasonably believes a user or Account User has violated these Terms of Use or other terms, conditions or agreements provided for on this Website, for maintenance purposes, or for any other reasonable reason.

Intellectual Property

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 for the limited rights expressly set forth in these Terms of Use (or in any other agreement between you and PeopleOne), PeopleOne reserves and shall retain its entire right, title, and interest in and to the Application and the Website (and all Content available therefrom and Reports generated therefrom or otherwise provided by PeopleOne), including all copyrights, trademarks, and other Intellectual Property Rights therein or relating thereto. “Intellectual Property Rights” means all worldwide right, title and interest in and to all proprietary rights of every kind and nature pertaining to or deriving from any of the following, whether protected, created or arising under the applicable laws of the United States or any other jurisdiction: (a) foreign and domestic patents and patent applications (including reissuances, divisions, renewals, provisional applications, substitutions, continuations, continuations in part, revisions, extensions and reexaminations), and all inventions (whether patentable or not), invention disclosures, and improvements thereof; (b) trademarks, service marks, trade names, trade dress, logos, slogans, names and all other devices or designs used on packaging materials or otherwise to identify any product, service, business or company, whether registered or unregistered or at common law, including all foreign and domestic applications, registrations and renewals in connection therewith, and all goodwill associated with any of the foregoing (“Marks”); (c) Internet domain names, and other Internet addresses, and user names, accounts, including social networking accounts, pages, and online identities; (d) copyrights, original works of authorship, whether registered or unregistered, and including all applications, registrations and renewals of any such thing; (e) know-how, improvements, concepts, ideas, trade secrets, methods, processes, designs, plans, schematics, drawings, formulae, recipes, manufacturing processes, customer and market lists, technical data, specifications, research and development information, technology and product roadmaps, data bases, data collections and other proprietary or confidential information; and (f) all computer programs and application program interfaces, including any and all software implementations of algorithms, models and methodologies, whether in source code or object code or other readable code.

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.

You own and control all User-Provided Data submitted via your Account (including, if you are an Organization, via any Authorized Users). PeopleOne shall only use User-Provided Data as set forth in these Terms of Use and our Privacy Policy or as otherwise expressly agreed between you and us.

Trademarks

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

The Application, the Website, and the Content, information, data, and/or materials made available to you therefrom or otherwise in connection with the Services or the Functionality, including without limitation, text, databases, software, code, music, sound, photos, and graphics (excluding User-Provided Data and User Contributions), is: (a) copyrighted by PeopleOne and/or its licensors under United States and international copyright Laws; (b) subject to other intellectual property and proprietary rights and Laws; and/or (c) owned by PeopleOne or its licensors. Except as permitted in the Terms of Use or as allowed per applicable Law or otherwise expressly agreed to between you and us, Content (as well as any User-Provided Data or User Contribution that is not provided by you or, if you are an Organization, your Authorized Users) may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, performed, displayed, or redistributed in any way without our prior written permission and/or the prior written permission of our applicable licensors. You must abide by all notices, or restrictions contained in or attached to any Content.

Except as permitted pursuant to these Terms of Use or another agreement entered into between you and us or as allowed per applicable Law, neither the Website nor the Application (nor any portions thereof or Content available therefrom or otherwise provided by us) may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, reverse engineered, disassembled, decoded, decompiled, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission. You shall not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application or the Website, and/or any features or Functionality of the Application or the Website or any Services, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time.

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):
1. You understand and agree that we may review and delete any Content that in our sole judgment violates these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others;
2. 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.

Subject to the foregoing, you must not: cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; link to any part of the Website other than the homepage; and/or otherwise take any action with respect to the Content on the Website that is inconsistent with any other provision of these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

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 provide certain social media features that enable you to access PeopleOne’s Facebook, Twitter, Instagram, LinkedIn or other social media pages (the “Social Media Pages”). Such Social Media Pages are governed by the terms of use and privacy policies of such third party providers and by accessing such pages or using same, you agree to be bound by such third party terms and conditions.

Mobile Services

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.

These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in herein may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out herein shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.

Limitation of Damages and Remedies

TO THE FULLEST EXTENT PERMITTED PER APPLICABLE LAW, EXCEPT AS SET FORTH IN THIS SECTION, YOU AGREE THAT PEOPLEONE, ITS AFFILIATES AND/OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND/OR DIRECTORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES SUFFERED AS A RESULT OF ACCESSING, USING, PRINTING, COPYING OR DOWNLOADING ANYTHING FROM THE WEBSITE AND/OR THE APPLICATION OR OTHERWISE IN CONNECTION WITH THE SERVICES. YOU FURTHER AGREE THAT, TO THE FULLEST EXTENT PERMITTED PER APPLICABLE LAW, PEOPLEONE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, INCLUDING DEATH, CAUSED IN WHOLE OR IN PART BY RELYING UPON, USING, OR INTERPRETING THE WEBSITE AND/OR THE APPLICATION OR CONTENT OR ANY OF THE PRODUCTS OR SERVICES SOLD ON OR MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE WEBSITE AND/OR THE APPLICATION. IN NO EVENT WILL PEOPLEONE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES OR LOST PROFITS ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, THE APPLICATION, THE SERVICES, OR ANY CONTENT, DATA, INFORMATION, OR MATERIALS AVAILABLE THEREFROM, EVEN IF PEOPLEONE, ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED PER APPLICABLE LAW, PEOPLEONE’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE WEBSITE AND/OR THE APPLICATION OR ANY ASSOCIATED SERVICES OR THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO DISSATISFACTION WITH ANY PRODUCTS/SERVICES SOLD THROUGH THE WEBSITE AND/OR THE APPLICATION, SHALL BE LIMITED TO THE LESSER OF (A) YOUR ACTUAL DIRECT DAMAGES AND (B) ONE HUNDRED DOLLARS ($100.00). PEOPLEONE WILL BE FURTHER ENTITLED TO THE FULL BENEFIT OF ANY LIMITATION OF LIABILITY OF A THIRD-PARTY WHO IS JOINTLY LIABLE TO YOU. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST PEOPLEONE.

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

You agree that we, in our sole discretion and without notice, may terminate or establish limits concerning your use of, and/or access to the Website, the Application, and/or the Services or any portion thereof if we believe that you have violated or have acted inconsistently with the letter or spirit of these Terms of Use. These Terms of Use will also automatically terminate as against you immediately if you are an Employee and (i) the Service Agreement between your Organization and us is terminated or expires; and/or (ii) we terminate these Terms of Use as against your Organization as set forth herein or in the Service Agreement. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE AND/OR THE APPLICATION OR ANY SERVICES.

If you are an Organization or an Authorized User, you may terminate these Terms of Use solely if and when you or, if you are an Authorized User, your Organization, terminate or terminates the Service Agreement (as permitted therein). If you are anyone else, you may also terminate these Terms of Use at any time by ceasing your use of the Website and/or deleting the Application from your devices and providing us with notice of such termination. Please note that if you are an Organization or an Authorized User, termination of these Terms of Use by you or PeopleOne does not terminate the Service Agreement, and your contractual obligations under the Service Agreement shall continue as set forth in such Service Agreement even if these Terms of Use terminate. PeopleOne may also suspend or discontinue the Website and/or the Application without notice.

Upon termination of these Terms of Use, any and all rights and licenses granted to you hereunder shall be automatically revoked, and you must cease all use of the Application and the Website and any associated Services and delete all copies of the Application from your devices, except to the extent otherwise permitted by the Usage Rules.

Equitable Relief

You agree that any breach of these Terms of Use would cause PeopleOne irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which PeopleOne may be entitled, you agree that PeopleOne may seek injunctive relief to prevent the actual, threatened or continued breach of these Terms of Use.

Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PEOPLEONE, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AND OTHER PARTNERS, EMPLOYEES, CONSULTANTS AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, JUDGMENTS, SETTLEMENTS, COSTS, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) THAT SUCH PARTIES MAY INCUR, RESULTING FROM, OR ALLEGED TO RESULT FROM: (I) YOUR USE OF THE WEBSITE, THE APPLICATION, THE SERVICES AND/OR ANY CONTENT OBTAINED FROM YOUR USE THEREOF OR THEREFROM; (II) YOUR BREACH OF THESE TERMS OF USE OR THE PRIVACY POLICY; (III) YOUR VIOLATION OF ANY APPLICABLE LAW, REGULATION, RULE OR ORDER PERTAINING TO YOUR USE OF THE WEBSITE, THE APPLICATION OR THE SERVICES; (IV) YOUR USER-PROVIDED DATA AND USER CONTRIBUTIONS INCLUDING, WITHOUT LIMITATION, OUR AND OUR SERVICE PROVIDERS’ USE THEREOF AND YOUR FAILURE TO SECURE ANY REQUIRED CONSENTS, AS APPLICABLE; AND/OR (V) YOUR USE OF ANY SPARKPOINTS AND ANY TRANSACTIONS ASSOCIATED THEREWITH OR PRIZES OR AWARDS PROVIDED BY AN ORGANIZATION (INCLUDING, WITHOUT LIMITATION, ANY REDEMPTION OF OR FULFILLMENT OF ANY PRIZES OR AWARDS MADE AVAILABLE FROM AN ORGANIZATION IN EXCHANGE FOR ANY REDEEMED SPARKPOINTS), AS WELL AS ANY ERROR IN OUR CALCULATION OF OR RECORDKEEPING OF ANY SPARKPOINTS THAT IS NOT DUE TO OUR GROSS NEGLIGENCE OR KNOWING OR WILLFUL MISCONDUCT.

No Extraterritoriality

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.

You agree that these Terms of Use, as well as 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 Website, the Application, the Services, and/or the Content or your use thereof, shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania in all matters, including, without limitation, the validity, construction, interpretation and performance of these Terms of Use, in each case without regard to provisions regarding conflicts of law.

Notwithstanding the foregoing or anything else in these Terms of Use to the contrary, PeopleOne reserves the right to bring an action to prevent breach of confidentiality or to protect its Intellectual Property Rights under applicable Law in any court of competent jurisdiction.

Entire Understanding

These Terms of Use, together with the Privacy Policy and any Service Agreement (if applicable), constitute the entire agreement between PeopleOne and you with respect to the subject matter of these Terms of Use, and supersede all previous and contemporaneous agreements, proposals and communications between us, written or oral.

Assignment

We may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign, transfer, or convey, by operation of law, merger, change in control, or otherwise, in whole or in part, your rights or duties under these Terms of Use without our prior written permission, which may be granted or withheld in our sole discretion. Any attempt by you to assign, transfer, or convey your rights or duties under these Terms of Use without the permission of PeopleOne shall be void ab initio.

Headings

The headings of the various sections of these Terms of Use have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of these Terms of Use.

Severability and Non-Waiver

Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right herein on any occasion must be in writing and will not constitute a waiver of such right or any other right on any other occasion. In the event any provision of these Terms of Use is determined to be invalid or unenforceable such invalidity or unenforceability will not affect the validity or enforceability of the remaining portions of these Terms of Use, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid or unenforceable provision. These Terms of Use will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.

Survivability and Reservation of Rights

Those provisions which by their terms should survive termination or expiration of these Terms of Use shall so survive for the longest time permitted per applicable Laws including, without limitation, any perpetual licenses granted to us hereunder, disclaimers, limitations of liability, representations and warranties made by you, your indemnification obligations, equitable relief, venue and jurisdiction, and limitation of time to file claim..

Limitation on Time to File Claim

TO THE FULLEST EXTENT PERMITTED PER APPLICABLE LAWS, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE WEBSITE, THE APPLICATION, THE SERVICES, AND/OR THE CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Our Contact Information

If you have any questions regarding these Terms of Use or any other matter, you can contact PeopleOne at:

support@peopleonehealth.com

Additional Terms Governing Employees and Organizations

Account Security and Account Services

Creation of Accounts and Associated Responsibilities

Some portions of the Website and the Application (and certain Services and Content) are restricted and accessible only to users who are Organizations (or their Authorized Users) who have an active Service Agreement with us and their Employees and, in each case, who register or who have registered an account with us (such Services, “Account Services” and such accounts, “Accounts”, and such users “Account Users”). In creating an Account, appropriate users must create a user name and password (“Log-In Information”) that they will use to access their Account and any corresponding Account Services and associated Content, and are required to provide us with accurate and complete information. If you are an Employee, you will also need to verify your identity when creating an Account by providing us with your email address and/or social security number. A failure to provide us with accurate and complete information shall constitute a breach of these Terms of Use and may result, in our discretion, in termination of your Account.

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.

We have the right to disable any Account (and any associated Log-In Information), whether chosen by you or provided by us, at any time, without notice or liability, in our sole discretion for any or no reason, including but not limited to, if in our opinion, you have violated any provision of these Terms of Use or if we believe that your Account or Log-In Information are being used by an unauthorized party.

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

Only Account Users may access the Account Services applicable to such Account User and provided you remain a valid Account User (e.g., you remain an Employee of an Organization that has an active Service Agreement with us or an Authorized User of an Organization that has an active Service Agreement with us), and subject to the other terms and conditions in these Terms of Use and your compliance therewith, you may use and access any associated Account Services provided by us to you through your Account via the Website or the Application and the license grants set forth above shall be construed as covering the Account Services and any associated Content.

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

Application Terms

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.

You understand and agree that, notwithstanding anything to the contrary in these Terms of Use, the license grant in and to the Application and any associated Services is subject to the usage rules, terms, and conditions, set forth in Apple’s Mac App Store, App Store and iBooks Store Terms and Conditions, Google’s Google Play Terms of Service, and Google Terms of Services, and any other terms or conditions agreed-to between you and Apple or Google (in each case, to the extent applicable to you) (the “Usage Rules”), which are hereby incorporated by reference.

You agree that PeopleOne may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and Functionality. You agree that PeopleOne has no obligation to provide any Updates or to continue to provide or enable any particular features or Functionality. Based on your device settings, when your device is connected to the internet either: (a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of these Terms of Use.

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.

Notwithstanding anything else to the contrary in these Terms of Use, except (i) as expressly set forth in these Terms of Use or another written agreement between you and us; (ii) as may be permitted by the licensing terms governing any open source software comprising the Application (if any); or (iii) to the extent the following restrictions are prohibited by applicable Law or in contradiction to the Usage Rules, you or anyone acting on your behalf or under your command or control or via your mobile device may not:

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

8. otherwise install, access, or use the Application or the Services or the Content (including User Contributions) available therefrom in a manner inconsistent with these Terms of Use.

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

Notwithstanding the foregoing or anything else to the contrary in this Agreement, if you are using the Application on the Android™ operating system and obtained the Application via the Google Play store, you may have additional rights or obligations with respect to the Application as set forth in the Google Play Developer Distribution Agreement, available at https://play.google.com/about/developer-distribution-agreement.html (as may be updated by Google from time to time) (the “Google Agreement”). To the extent that this Agreement conflicts with the terms of the Google Agreement, the Google Agreement will supersede, govern, and control over this Agreement. Furthermore, if you are using the Application on the Android™ operating system and obtained the Application via the Google Play store, you understand and agree that Google LLC or its affiliates may collect certain usage statistics from Google Play and Devices including, but not limited to, information on how the Application, Google Play, and mobile device(s) are being used. The data collected is used in the aggregate to improve Google Play, related products and services, and the user and developer experience across Google products and services. We have access to certain data collected by Google via the Play Console. You understand and agree that any and all data collected by or on behalf of Google LLC is governed by Google’s Privacy Policy, available at https://policies.google.com/privacy?hl=en&gl=us, as may be updated from time to time by Google LLC or its affiliates. If you are not agreeable to the collection and/or use of such data by Google, please do not use or download the Application. To the fullest extent permitted per applicable law, we shall have no liability or responsibility concerning the collection, handling, transmission, disclosure, use, and/or distribution of any data collected by Google LLC or its affiliates, all of which shall be the sole responsibility of Google LLC or such affiliate(s).

You understand and agree that Android™ is a trademark of Google, LLC.

Additional Terms Governing IOS™ Users

Notwithstanding the foregoing or anything else to the contrary in this Agreement, if you are using the Application on the IOS™ operating system and obtained the Application via the Apple App Store® online store, you agree (a) that to the extent that this Agreement conflicts with the terms of Apple’s Usage Rules, the terms and conditions in such Usage Rules shall govern and control; (b) your license grant is limited to a non-transferable license to use the Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such Application may be accessed, acquired, and used by other accounts associated with you via Family Sharing or volume purchasing; and (c) that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application, and that such services, to the extent provided, are our sole responsibility. Furthermore, if you are using the Application on the IOS™ operating system and obtained the Application via the Apple App® online store, you understand and agree that Apple Inc. or its affiliates may collect certain information or data concerning the Application and/or your mobile device. You understand and agree that any and all data collected by or on behalf of Apple Inc. is governed by Apple’s Privacy Policy, available at https://www.apple.com/legal/privacy/, as may be updated from time to time by Apple Inc. or its affiliates. If you are not agreeable to the collection and/or use of such data by Apple, please do not use or download the Application. To the fullest extent permitted per applicable law, we shall have no liability or responsibility concerning the collection, handling, transmission, disclosure, use, and/or distribution of any data collected by Apple Inc. or its affiliates, all of which shall be the sole responsibility of Apple Inc. or such affiliate(s)

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.