User Agreement

Last Updated: August 15, 2015

PLEASE READ THIS USER AGREEMENT AND THE PRIVACY STATEMENT CAREFULLY BEFORE USING OUR SERVICES OR OUR SITE.

USING THIS WEBSITE CONFIRMS YOUR CONSENT AND AGREEMENT TO THIS USER AGREEMENT AND TO OUR PRIVACY STATEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS USER AGREEMENT OR THE PRIVACY STATEMENT, PLEASE DO NOT USE THIS WEBSITE.

THIS WEBSITE IS NOT DESIGNED FOR USE BY ANYONE UNDER THE AGE OF 18. ANY USE OF OR ACCESS TO THIS WEBSITE BY ANYONE UNDER THE AGE OF 18 IS PROHIBITED.

Each time you visit this website, You should check the date of this User Agreement (which appears above) and review any changes that have been made since Your last visit to the website.

Restrictions on Use:

This website is owned and operated by Evive Health ("Evive"). Any activity on this website is subject to monitoring by Evive at any time. You and anyone else who uses this website (collectively referred to as "You" or "Your") consent to such monitoring and agree that Evive may use the results of such monitoring without limitation. You agree that Your use of this website is subject to the terms of this User Agreement and the Privacy Statement. It is a condition of Your use of this website that You do not restrict or inhibit any other person or entity from using this website. You agree to maintain the security of any unique code or identifier that is provided to by Evive for use on this website ("Codes"), and shall not share or allow third parties to use such Codes.

You agree to not engage in any behavior that excessively taxes the ability of the website to function normally. You agree to not scan, attempt to scan, penetrate or test the security capability of the website, either actively or passively or copy, disassemble, decompile or reverse engineer the website or attempt to do the same, without the express written consent of Evive, except to the extent permitted by applicable law. You agree to not use the website to engage in any illegal, abusive, offensive, or irresponsible behavior, or engage in any activity that promotes or fosters such behavior. You agree to not use the website to post or display any offensive or illegal content, including, but not limited to, any images, graphics, logos or text that Evive deems potentially offensive to others. Additionally, You agree to not use the website to publish any form of copyrighted material without the express written consent of the authorized owner of that material and Evive. You understand and agree that Your use of the website in violation of these restrictions on use may result in suspension or termination of Your access to the website.

No material from any website owned, operated, licensed or controlled by Evive, or any of its affiliated companies, ("Evive Material") may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, without the prior written consent of Evive, except that You may download one copy of the Evive Material on any single computer for Your personal, noncommercial home use only, provided that you keep intact all copyright, service mark and other proprietary notices.

Responsibility and Liability of Access Administrator:

In the event that you grant access to this website to any third party or provide any Codes to any third party, You will ensure that the third party and its employees and agents, if applicable, abide by the terms and conditions of this User Agreement as may be amended from time to time by Evive at its sole discretion. You are responsible for the acts and omissions and Communications (as defined below) of such third parties and its employees and agents.

Disclaimer:

THE WEBSITE AND EVIVE MATERIALS ARE PROVIDED "AS IS" TO THE FULLEST EXTENT PERMITTED BY LAW. EVIVE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, EVIVE DOES NOT WARRANT THAT THE WEBSITE OR EVIVE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS CAN OR WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU, AND NOT EVIVE, ASSUME THE SOLE RISK, LIABILITY AND RESPONSIBILITY FOR ANY AND ALL DAMAGE TO YOUR SYSTEM OR THE SYSTEM YOU ARE USING. IN NO EVENT WILL EVIVE BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEM OR THE SYSTEM YOU ARE USING. YOU USE THIS WEBSITE AND EVIVE MATERIALS AT YOUR OWN RISK.

Links To or From Other Websites:

For your convenience, this website may contain links to or be linked on third party websites ("Third Party Websites"). Evive is not responsible for the content of, nor is aware of, all Third Party Sites that are linked to this website. Evive makes no guarantee and disclaims any implied representations or warranties about the accuracy, relevance, timeliness, completeness, or appropriateness of these Third Party Websites, the information contained in them or the products or services they provide. Your access and use of such Third Party Websites, including the content, information, or services on those Third Party Websites, is solely at Your own risk. In no event will Evive be liable for use of a Third Party Website. Your use of Third Party Websites may subject You to separate binding agreements and privacy statements. So, be sure to read each of those additional agreements and statements and have a working understanding of those terms.

User Submissions:

Any communication, material or information ("Communications") posted or transmitted to the website via electronic mail or otherwise are and will be treated in accordance with Evive's Privacy Statement. Your posting or transmitting of any Communications on the website confirm that You understand and agree to the terms of this User Agreement and the Privacy Statement. You understand and agree that Evive relies upon the information included in such Communications to provide services to You and others. You agree to make every effort to ensure that such Communications are true, complete, and free of any typographical errors. You understand and agree that Evive is not responsible for any losses or liabilities, in any form, for any inaccuracies, missing information, or typographical errors made by You or a third party in such Communications.

Any Communications posted or transmitted on the website shall be the property of Evive, to the extent allowable by law. Evive shall be free to use, reproduce and modify such Communications as it sees fit, provided that Evive shall continue to treat such Communications in accordance with its Privacy Statement. Such right shall survive the termination of this User Agreement. Evive makes no representations that it shall maintain such Communications for any period other than as required by law.

Access or Delivery to Mobile Network is not Guaranteed:

You are responsible for obtaining the data network access and devices necessary to use the Evive Service. Evive is not responsible for the reliability of the delivery of information and content from or to a mobile device as such delivery may fail due to circumstances or conditions beyond Evive's control. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Evive's control and Evive is not responsible or liable for such problems.

Message Transmission And Delivery By Your Network Operator:

You understand and acknowledge that your use of the Service from a terminal such as a mobile device or personal computer is subject to any agreements you have with your network service provider.

Text and E-mail Messages Are Not Encrypted:

Content distributed via the Service, specifically that of email and text messages, are unencrypted. As such, transmissions may be unknowingly and/or unintentionally intercepted by third parties. Your use of the Website and/or the Service acknowledges this fact and releases Evive, its contractors, agents, representatives and affiliates from any such liability that may arise in the event of such unauthorized interception or access. Text and E-mail Messages Stored on Your Device are Your Responsibility.

As Evive does not maintain or have access to your device, e-mail server, and does not maintain or have access to networks outside of the domain and control of Evive, by using the Service you agree that Evive bears no liability or responsibility for the security or control of content, e-mail, text message, or otherwise, once delivered.

Service May Be Limited By Your Operator Or Your Device:

As reliability and effectiveness of the Service may be limited by your geographic location, selected network operator or your mobile device, you agree and accept that Evive is not responsible in the event the Service or any portion of the Service does not function.

Mobile Network Operators May not Support All Users:

Evive is unable to guarantee the reliability and delivery of content or the Service to your mobile device, since technology such as mobile networks and internet service providers are outside of Evive's control. Accordingly, by using the Service you acknowledge that any such disruptions shall not be the responsibility of Evive.

Trademark and Copyrights:

Evive Health is an Illinois corporation. The trademarks, service marks, trade names, logos, copyrights and other indications of origin displayed on this website ("Trademarks") are owned by Evive or a third party who has granted Evive the right to use such Trademarks on this website. Nothing contained herein should be construed as granting You the right to use any Trademark displayed on this website without the written permission of the owner of the Trademark. Misuse of the Trademarks is strictly prohibited. Evive will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. The copyright and other rights associated with all of the material contained on this website are owned by Evive, or are included by permission of the legal owner. You should assume that everything You see or read on the website is copyrighted unless otherwise noted and may not be used except as expressly provided without express written permission of Evive. Evive neither represents nor warrants that Your use of the website or Evive Materials will not infringe on the rights of third parties not owned by or affiliated with Evive.

Indemnity:

You agree to defend, indemnify, and hold harmless Evive, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from Your use of the website or Evive Materials or Your breach of this User Agreement. Evive shall provide notice to You promptly of any such claim, suit, or proceeding and shall assist You, at Your expense, in defending any such claim, suit or proceeding. This obligation shall survive the termination of this agreement.

User Information:

Evive may use the information obtained relating to You, including Your IP address, name, mailing address and use of the website, for its business purposes in accordance with applicable law and the Privacy Statement. This right shall survive the termination of this User Agreement.

Updates:

You should visit this page periodically to review the User Agreement and Privacy Statement. You agree that Your continued access and use of this website will bind You to any new terms of the User Agreement and Privacy Statement.

Enforceability:

You agree that this User Agreement, the Privacy Statement, and any legal action or proceeding relating to this website shall be governed by the laws of the State of Illinois without reference to its choice of law rules. If You attempt to bring any legal proceedings against Evive, You specifically acknowledge and agree that it will be brought solely in the courts of the State of Illinois, in the County of Cook, and You consent to the exclusive jurisdiction of such courts.

Termination:

This User Agreement is effective until terminated by either party. You may terminate this User Agreement at any time by Unsubscribing on the website. This User Agreement will terminate immediately without notice from Evive if, in Evive's sole discretion, You fail to comply with any term or provision of this agreement. Any such termination will not affect or limit Evive's rights or remedies at law or in equity.

Survival:

Any rights or obligations hereunder that expressly or by their nature survive the termination or expiration of this agreement shall so survive.

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