TERMS OF SERVICE
Web Site Terms and Conditions of Use
This website is owned and operated by MedPay, LLC dba Healthy Habits. The MedPay, LLC dba Healthy Habits Web Site (the “Site”) is comprised of various Web pages operated by MedPay, LLC dba Healthy Habits. This Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the MedPay, LLC dba Healthy Habits Web Site constitutes your agreement to all such terms, conditions, and notices.
2. Site Content Use
You must be at least 18 years of age to use our Site. By using our Site or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
The Sites may be used only for your personal or information purposes of a non-commercial nature. Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit any Site or any content, information, software, products or services obtained from any Site without our prior written permission.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material on a Site, electronically copy, download onto your personal computer, mobile device or other technology used to access the Site, and print single hard copy portions of the material from a Site solely for your own internal, noncommercial, lawful use. If you make other use of a Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
You may not (a) decompile, disassemble or reverse engineer any Site or any portion thereof, or (b) attempt to gain unauthorized access to any Site, any portion thereof or any other computer systems or social media or mobile platforms through any Site. You agree that you will not use any Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through any Site.
Use of any of our Sites made available through a third-party social sharing platform such as Twitter or Facebook is also subject to the platform’s applicable terms and conditions.
MedPay, LLC dba Healthy Habits Web Site reserves the right to modify these Terms at any time without notice. By using this Site following any modification to the Terms, you are agreeing to be bound by the then current version of these Terms. If you object to any provision of these Terms or any subsequent modification of these Terms, your only recourse is to immediately terminate use of the Site. MedPay, LLC dba Healthy Habits Web Site reserves the right to modify or terminate your access to the Site, or portions of the Site at any time, temporarily or permanently, with or without notice and is not obligated to support or update the Site.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THIS SITE, ARE PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS. MEDPAY, LLC DBA HEALTHY HABITS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED MERCHANTIBILITY, SUITABILITY RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MEDPAY, LLC DBA HEALTHY HABITS MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE BASIS, OR THAT THE CONTENT WILL BE UP TO DATE, COMPLETE, COMPREHENSIVE OR ACCURATE.
5. Limitation of Liability
IN NO EVENT SHALL MEDPAY, LLC DBA HEALTHY HABITS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, OR USE OF THIS SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THIS SITE, EVEN IF MEDPAY, LLC DBA HEALTHY HABITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY APPLIES TO, WITHOUT LIMITATION, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY AFFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, OR TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHURIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJUERE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
7. Revisions and Errors
The materials appearing on Healthy Habits Site could include technical, typographical, or photographic errors. MedPay, LLC dba Healthy Habits does not warrant that any of the materials on its web site are accurate, complete, or current. MedPay, LLC dba Healthy Habits may make changes to the materials contained on its web site at any time without notice. MedPay, LLC dba Healthy Habits does not, however, make any commitment to update the materials.
8. Links to Third Party Websites
MedPay, LLC dba Healthy Habits has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked sites. The inclusion of any link does not imply endorsement by MedPay, LLC dba Healthy Habits of the site. Use of any such linked web site is at the user’s own risk
9. Governing Law
Any claim relating to Healthy Habits web site shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.
10. Dispute Resolution
You agree that any dispute arising out of or relating in any way to your use of this Site requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Intellectual Property Rights, MedPay, LLC dba Healthy Habits may seek injunction or other appropriate relief. Such arbitration shall take place in Delaware and shall be conducted before one arbitrator in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.
BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
Either Party may bring an action in a federal district court sitting in Delaware to enforce any arbitration award. If this Section 10 is deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts in Delaware.
11. Limitation on Actions Brought Against MedPay, LLC dba Healthy Habits
You agree that any claim or cause of action arising out of these terms or your use of the Site must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitation or other law to the contrary. Within this period, Healthy Habits failure to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
12. Intellectual Property
MedPay, LLC dba Healthy Habits and its licensors own all right, title and interest in and to the Sites, all the text, content, graphics, interfaces, code and materials thereon, the look and feel, selection and arrangement, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to all intellectual property and proprietary rights therein. Your use of a Site does not grant to you ownership in or rights to of any of the foregoing. The Sites are copyrighted as a collective work under the United States and other copyright laws, and is the property of Healthy Habits. The collective work includes works that are licensed to Healthy Habits. Unless otherwise indicated on a Site, displayed trademarks, corporate logos, services marks, trade names and emblems (collectively, the “Marks”) are subject to the trademark rights of, and are proprietary to, MedPay, LLC dba Healthy Habits or its affiliates. MedPay, LLC dba Healthy Habits does not grant any license or other authorization to use the Marks except through a separate written license agreement.
13. Your Privacy
You hereby agree that: (a) you have read and understood these Terms and (b) that these Terms have the same force and effect as a signed agreement.
16. Contact Information
If you have any questions about these Terms, or Healthy Habits practices or dealings, please contact us by clicking on “Contact Us” located on this page.