TOS
TERMS OF SERVICE

Web Site Terms and Conditions of Use

1. Terms

This website is owned and operated by MEDPAY, LLC. The MEDPAY Web Site (the “Site”) is comprised of various Web pages operated by MEDPAY. 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 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.

3. Modifications of These Terms of Use

MEDPAY 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 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.

4. Disclaimer

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 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 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 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 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.

6. Indemnity

You agree to indemnify, defend, and hold harmless MEDPAY from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way from your use of any Site, your communication, placement or transmission of any message, content, information or other materials on or through any Site, your breach or violation of the law, any third party right or of these Terms of Use, or any activity otherwise related to your use of any Site (including negligent or wrongful conduct), by you or any other person accessing a Site using an account registered to you.

7. Revisions and Errors

The materials appearing on MEDPAY’s Site could include technical, typographical, or photographic errors. MEDPAY does not warrant that any of the materials on its web site are accurate, complete, or current. MEDPAY may make changes to the materials contained on its web site at any time without notice. MEDPAY does not, however, make any commitment to update the materials.

8. Links to Third Party Websites

MEDPAY 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 of the site. Use of any such linked web site is at the user’s own risk

9. Governing Law

Any claim relating to MEDPAY’s 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 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

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, MEDPAY’s 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 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 MEDPAY. The collective work includes works that are licensed to MEDPAY. 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 or its affiliates. MEDPAY does not grant any license or other authorization to use the Marks except through a separate written license agreement.

13. Your Privacy

MEDPAY will treat any information it collects from you through this Site in accordance with its online Privacy Policy (the “Privacy Policy”), which is hereby incorporated by reference. Please review the Privacy Policy before you use the Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use this Site.

14. Messaging Policy

By providing us with a mobile number, you agree to receive account-related messages, like payment reminders and account updates, from us via live operator, manual dialing, text message (SMS, MMS, and/or RCS), and/or prerecorded or artificial voice messages, including with the use of an automatic dialing system (autodialer), at any mobile number you provide to us.
By signing and providing us with a mobile number below, you agree to receive marketing-related messages, like promotions and discounts, from us via live operator, manual dialing, text message (SMS, MMS, and/or RCS), and/or prerecorded or artificial voice messages, including with the use of an automatic dialing system (autodialer), at the mobile number you provide to us below. By signing below, you are acknowledging that we do not require you to provide us with permission to send you advertising or marketing-related messages to obtain the requested services from us.
By providing us with a mobile number, you agree that you have the ownership rights or permission to use the mobile number provided to us. You agree to notify us immediately if you cease using or no longer have permission to use any of the mobile numbers provided to us.
You understand that text messages are sent are generally not encrypted, are not secure, and may be read by others. You agree that we can reply to any messages sent from you with information we deem appropriate, even if it is confidential. You further authorize us to leave a detailed message on any voicemail associated with any mobile number provided to us.
You understand that you are solely responsible for payment of any message and data rates/ charges associated with any messages you receive from us or send to us. Message frequency will vary by account and preference, we expect to send 10 or fewer messages per month.
You can withdraw your consent to receive messages from us by replying “STOP” to any text message received from us or emailing us your opt-out request to Members@JoinHealthyHabits.com. You can request assistance by replying “HELP” to any text message received from us or emailing us your request to Members@JoinHealthyHabits.com.

15. General

If any provision in these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. MEDPAY’s failure to act with respect to a breach by any visitor using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms of Use and the Privacy Policy, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.

16. Acknowledgement

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.

17. Contact Information

If you have any questions about these Terms, or MEDPAY’s practices or dealings, please contact us by clicking on “Contact Us” located on this page.
© COPYRIGHT 2019. MEDPAY. ​ALL RIGHTS RESERVED.
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