Pack Health LLC Terms and Conditions of Use

Last Updated: July 8, 2022

The staging.packhealth.com website (the “Website”) and the internet based member portal at packhealthmember.com. (the “Portal”) are provided by Pack Health, LLC (“Pack Health,” “we,” “us,” or “our”), for your convenience and for general information purposes. The Website and the Portal can also be used in conjunction with the Pack Health program (the “Program”) and the Program toolkit (“Pack”). Collectively, our Website, Portal, Program, and Pack constitute our “Services.” All access to and use of our Services, including any use of or reliance on the information in the Services, is provided subject to these Terms and Conditions of Use (the “Terms”).  By accessing the Website or Portal or by using the Program or Pack, you agree to be bound by these Terms.

The Services may not be used by a minor, as defined under applicable law, without the supervision of a parent or legal guardian who agrees to be bound by these Terms. You represent and warrant that you are the age of legal majority under applicable law, or, if not, that you have reviewed these Terms with your parent or legal guardian and that he or she has agreed to be bound by these Terms on your behalf.

MEDICAL ADVICE DISCLAIMER

The Services provide basic health information only. We do not give medical advice for individuals. Our Services do not replace professional medical advice, diagnosis, or treatment.  Always ask a doctor or other qualified health provider if you have any question about a medical condition. Do not put off seeing a doctor or ignore a doctor’s advice because of something you have read on the Website or Portal. We do not vouch for any medical procedures or opinions on the Website or Platform.  Pack Health does not endorse any specific products or services. Pack Health will not be liable to you or anyone else for any action you or a caregiver take based on any information from our Services. If you think you have a medical emergency, call 911 or your doctor right away.

No physician-patient or treatment relationship shall be created solely by you accessing the Website or Portal, or, using any information contained in our Services, or you providing any information through our Services.

CONTENT

The content and other information contained in our Services may include educational and informational material, and may include, as examples only, care plans, training programs, risk management tools, lifestyle modification information and disease management tools (all information available in our Services is collectively referred to in these Terms as the “Content”).   The Content is provided for your personal, non-commercial use only, within the scope allowable by these Terms.  You may not sell, give, reproduce, create derivative works of, publicly display, or otherwise distribute the Content to anyone, other than by referring others to the Website.  Pack Health allows you to access, view, use, display, and download the Website and the Content, but you do not receive any ownership in or to the Website or the Content or any copies thereof.  You may share the Content only with your physician(s) and your caregiver(s).  If we provide social media features with certain Content on the Website, you may take such actions as are enabled by such features.  Organizations, companies, or businesses may not become members of the Program and may not use Content without the prior express written consent of Pack Health.

Our Services contain material that is protected by copyright and trademark laws and is exclusively owned by Pack Health or its licensors, including, but not limited to, names “Pack Health” and “PACK,” our logo, designs and slogans, text, software, photography, video, graphics, music, sound, information, other Content, the Website and Portal layout and the coordination, arrangement, and enhancement thereof.  You must not use such intellectual property without our prior written consent.  All other names, logos, product and service names, designs, and slogans in our Services are trademarks of their respective owners.  Neither the Services, the Content, nor any portion thereof may be modified, copied, reproduced, downloaded, posted, transmitted, transferred, sold, or distributed in any form except as described in these Terms.

Your rights to access, view, use, display, and download the Content are subject to the following restrictions: (i) you must retain, on all copies of the Content, all copyright and other proprietary notices contained in the Content; (ii) you may not modify the Content in any way or reproduce or publicly display, perform, or distribute, or otherwise use the Content for any public or commercial purpose; and (iii) you must not transfer the Content to any other person (other than your physician(s) or care giver(s)). You agree to abide by all additional restrictions displayed in our Services as they may be updated from time to time. You agree to comply with all copyright and other intellectual property laws worldwide in your use of our Services and to prevent any unauthorized copying of the Content. Except as expressly provided, Pack Health does not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information.

Pack Health reserves the right to change or terminate the Services at any time, in our sole discretion, with or without notice.  We will not be responsible if, for any reason, all or any part of the Services or Content is unavailable.

No right, title, or interest in or to the Services nor any Content is transferred to you, and Pack Health reserves all rights not expressly granted herein. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in a manner that breaches these Terms, your right to use the Services will stop immediately and you must destroy any copies of the Content you have made.

USE OF OUR SERVICES

We may prohibit or enjoin any conduct or use of our Services or Content that restricts or prevents other users from using any portion of our Services, or Content, or that otherwise violates these Terms.  We have the right to restrict, suspend, or terminate access to any user for any reason at any time in our sole discretion. Notwithstanding the above, we have no obligation to monitor the use of our Services, but reserve the right to do so.  Pack Health has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Website or Portal.

If you post or upload anything to the Website or Portal, it must comply with our Posted Content Standards set forth in these Terms.

You may not use any robot, spider, scraper, or other automated means to access the Website, Portal, or the Content for any purposes. You shall not attempt to make the Website, Portal, or the Content unavailable through denial-of-service attacks or similar means. You shall not use contact information provided by users, or collect information about our users, to facilitate the sending of unsolicited communications.

If you submit to the Website or Portal or otherwise exchange communications, content, or materials via our Services, including, without limitation, any personal or commercial information, ideas, concepts, know-how or inventions, you irrevocably grant to Pack Health an unrestricted, worldwide, irrevocable, royalty free license to use, reproduce, display publicly, perform, publish, transmit, and distribute such communications, content, materials, ideas, concepts, know-how, and inventions.

You are responsible for making all arrangements necessary for you to have access to our Services and ensuring that all persons who access the Website or Portal through your internet connection or using any access credentials we provide to you, are aware of these Terms and comply with these Terms. You agree to use our Services only for lawful purposes.

You agree not to use our Services:

  • In any way that violates any applicable federal, state, local, or international laws, rules or regulations (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Posted Content Standards set forth in these Terms;
  • To transmit, or procure the sending of, any advertising or promotional material;
  • To impersonate or attempt to impersonate Pack Health, a Pack Health employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Pack Health or users of the Services or expose them to liability.

Additionally, you agree not to:

  • Use the Website or Portal in any manner that could disable, overburden, damage, or impair the Website or Portal or interfere with any other party’s use of the Website or Portal, including, without limitation, their ability to engage in real time activities through the Website or Portal;
  • Use any robot, spider, or other automatic device, process, or means to access the Website or Portal for any purpose, including, without limitation, monitoring or copying any of the material on the Website or Portal;
  • Use any manual process to monitor or copy any of the material on the Website or Portal or for any other unauthorized purpose;
  • Use any device, software, or routine that interferes with the proper working of the Website or Portal;
  • Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or Portal, the servers on which the Website and Portal are stored, or any server, computer, or database connected to the Website or Portal;
  • Attack the Website or Portal via a denial-of-service attack or a distributed denial-of-service attack; or
  • Otherwise attempt to interfere with the proper working of the Website or Portal.  

PRIVACY

Privacy and information security are important to Pack Health.  Use of our Services is governed by Pack Health’s Privacy Policy, which is accessible here.  Our Privacy Policy describes our privacy practices and your privacy rights with respect to information you submit to us via our Services and with respect to your Protected Health Information (as that term is defined by the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, as amended and supplemented from time to time). By accessing or using our Services, you agree to be bound by Pack Health’s Privacy Policy as well as the Terms.

LINKS

From the Website and Portal

Through the Website and Portal you are able to link to other websites which are not under the control of Pack Health. We have no control over the nature, content, and availability of those sites. The inclusion of any links on the Website or Portal is not and does not imply a recommendation or endorsement of the views expressed within the linked websites. All use of the linked websites is entirely at your own risk and subject to the terms and conditions of the linked websites. IN PARTICULAR, WE DO NOT ACCEPT ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT ANY THIRD PARTY-OWNED CONTENT (WHETHER PUBLISHED ON THIS, OR ANY OTHER, WEB SITE) INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ANY LIABILITY ARISING OUT OF ANY INFORMATION OR OPINION CONTAINED ON SUCH THIRD PARTY WEBSITE OR CONTENT. If you link to third party websites from the Website or Portal, we encourage you to consult the policy statements of each site you visit.

To the Website

You may link to the homepage of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

To the extent the Website may provide certain social media features, you may use these features solely as they are provided to you, solely with respect to the Content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you;
  • Establish a link to any website with information that misrepresents the nature of your relationship with our organization, or incorrect facts or data about our organization;
  • Establish a link to any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of Pack Health or its subsidiaries; or
  • Establish a link to any material or information of any kind, which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or
  • Establish a link to any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights.
  • Cause the Website or any portions of it to be displayed, or appear to be displayed by any other site, for example, framing, deep linking, or in-line linking, on any other site;
  • Link to any part of the Website other than the homepage; or
  • Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms.

You agree to cooperate with us and immediately cease any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice.  We may disable all or any social media features and any links at any time without notice in our discretion.

PAYMENT PROCESSING

Pack Health has engaged a “Payment Provider” to handle payment transactions.  We have no control over the Payment Provider or the provision of its services and accept no responsibility for them or for any loss or damage that may arise from its handling of your payment transactions.

WARRANTIES

You represent and warrant that the information you provide when accessing the Website, making a purchase, registering as a member, or otherwise using our Services and all information that you subsequently provide regarding yourself and your membership, is true and accurate and not misleading.

Pack Health cannot attest at all times to, and makes no warranty regarding the quality, accuracy, completeness, timeliness, or correctness of the Content.  Pack Health makes no warranties, express or implied, regarding errors or omissions and assumes no liability for loss or damage resulting from the use of Content and/or the Services. YOUR USE OF THE WEBSITE, THE CONTENT, THE PROGRAM, THE PORTAL, THE PACK, AND ANY OTHER SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.”  NEITHER PACK HEALTH NOR ANY PERSON ASSOCIATED WITH PACK HEALTH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER PACK HEALTH NOR ANYONE ASSOCIATED WITH PACK HEALTH REPRESENTS OR WARRANTS THAT THE WEBSITE, THE CONTENT, THE PROGRAM, THE PORTAL, THE PACK OR ANY OTHER SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR PORTAL OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

When you use the Website or Portal, any information that you submit will be transmitted via the internet and such transmission is beyond our control.  Pack Health makes no warranty and expressly disclaims all warranties that the Website, Portal, or the Content will be uninterrupted or error free, free of transmission errors, or free of viruses, or other harmful components or programs.  Pack Health does not assume any liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or Portal.  Pack Health does not assume any liability for loss or damage to your computer systems, devices, or networks as a result of your use of the Website or Portal.  Electronic storage of and access to data is never 100% secure or guaranteed.  PACK HEALTH WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DEVICES, OR DATA DUE TO YOUR USE OF THE WEBSITE OR PORTAL, ITEMS OBTAINED THROUGH THE WEBSITE OR PORTAL, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE OR PORTAL, OR ON ANY WEBSITE LINKED TO THE WEBSITE.

The advice, recommendations, information, and conclusions posted or emailed by other users of the Services are not in any way vetted, approved, or endorsed by Pack Health, and you use such information at your own risk.

Pack Health’s sole obligation and liability for product defects shall be, at Pack Health’s sole option, to (i) replace the defective Pack or the defective portion of the Pack, or to (ii) refund the amount paid for the Pack in the original form of payment. Any defects must be reported to Pack Health within the return period.   Pack Health shall have no obligations under this warranty if the Pack has been damaged by neglect, misuse, accident, or modification.

EXCEPT FOR ANY WARRANTY THAT MAY BE EXPRESSLY SET FORTH IN THESE TERMS, PACK HEALTH MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT AND SERVICES, AND PACK HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL PACK HEALTH OR ITS LICENSORS, SERVICE PROVIDERS, AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES, OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF PROGRAMS, OR OTHER LOSSES, COSTS OR DAMAGES SUFFERED OR INCURRED AS A RESULT OF USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITE LINKED TO IT, THE PORTAL, THE CONTENT, THE PACK, OR ANY OTHER INFORMATION OR MATERIAL FROM THE SERVICES, OR SUFFERED OR INCURRED AS A RESULT OF FAULTS, INTERRUPTIONS, OR DELAYS IN THE USE OF THE SERVICES OR ANY COMPONENT OF THE SERVICES, OR OUT OF ANY INACCURACIES, ERRORS, OR OMISSIONS IN THE CONTENT, OR ANY OTHER INFORMATION IN THE SERVICES, REGARDLESS OF HOW SUCH FAULTS, INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISE, EVEN IF FORESEEABLE AND EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL PACK HEALTH BE LIABLE FOR ANY LOSSES OR DAMAGES, IN THE AGGREGATE, IN EXCESS OF THE LESSER OF (1) THE AMOUNT YOU HAVE PAID TO PACK HEALTH, IF ANY, FOR ACCESS TO OR USE OF THE SERVICES IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LOSS OR DAMAGE OR (2) TWENTY-FIVE DOLLARS (US $25.00), NOTWITHSTANDING ANY CLAIM THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE.   If you are dissatisfied with any Content, or any other materials or information provided in the Services or with the use of the Services, your sole and exclusive remedy is to discontinue using the Services.

FURTHER, IN NO EVENT WILL PACK HEALTH BE LIABLE FOR ANY LOSSES OR DAMAGES ASSOCIATED WITH THE PACKS THAT ARE, IN THE AGGREGATE, IN EXCESS OF THE AMOUNT YOU PAID FOR THE DEFECTIVE PACK(S).

BY ACCESSING THE WEBSITE, ANY WEBSITE LINKED TO IT, THE PORTAL, THE CONTENT, THE PACK, THE PROGRAM OR ANY OTHER INFORMATION OR MATERIAL FROM THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

If you cause a technical disruption of the Services, you are responsible for any and all liabilities, costs and expenses (including reasonable attorneys’ fees and costs of enforcement) arising from or related to that disruption.  You agree to indemnify, defend, and hold harmless Pack Health, its affiliates, licensors, and service providers, and its and their respective officers, employees, contractors, agents, licensors, suppliers, subsidiaries, affiliates, directors, partners, managers, members, successors, and assigns, from and against any and all third-party actions, suits, claims, or demands and any associated losses, expenses, damages, fees, costs, and other liabilities (including reasonable attorneys’ fees), arising out of or relating to your use or misuse of any portion of the Services or the Content, or your violation of these Terms.

POSTED CONTENT STANDARDS

Certain portions of the Website and Portal allow you and other users to post, submit, publish, display, or transmit to other users or other persons, including your health coach (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website or Portal. All User Contributions must comply with the Posted Content Standards.

Any User Contribution you post to the Website or Portalwill be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our 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.  You represent and warrant that you own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our licensees, successors, and assigns and that all of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Pack Health, have full responsibility for your User Contributions, including their legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user.

These Posted Content Standards apply to any and all User Contributions. 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 which 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 of others;
  • 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 and our Privacy Policy;
  • Annoy, embarrass, upset, alarm, inconvenience, deceive, or invade the privacy of any person;
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act;
  • 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 Pack Health or any other person or entity, if this is not the case;
  • Contain any charity requests, petitions for signatures, chain letters, or letters relating to multi-level marketing (pyramid) schemes.

MONITORING AND ENFORCEMENT BY PACK HEALTH

Pack Health reserves the right, but assumes no obligation to, monitor User Contributions. Pack Health reserves the right to: (i) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including, without limitation, if we believe that such User Contribution violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Pack Health; (ii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; (iii) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (iv) disclose your identity or other information about you to any third party who claims that material posted by you violates their intellectual property rights; or (v) terminate or suspend your access to all or part of the Services for any or no reason.

Without limiting the foregoing, we have the right to fully cooperate 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 Portal. YOU WAIVE AND AGREE TO HOLD HARMLESS PACK HEALTH AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Pack Health does not review all User Contributions before they are posted on the Website, and Pack Health 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 non-performance of the activities described in this section.

GOVERNING LAW / VENUE

These Terms and the Privacy Notice shall be governed by the laws of the State of Alabama and the applicable federal laws of the United States. You agree that all disputes arising under, or in any way connected with the Services or the Content shall be litigated exclusively in the state and federal courts residing in the State of Alabama, United States, County of Jefferson, and in no other court or jurisdiction, except that you acknowledge that your breach or threatened breach of the Sections tilted “Content,” “Use of the Website,” and “Links” shall cause Pack Health irreparable injury and damage, and Pack Health shall be entitled, in addition to any other remedies it may have, to preliminary and permanent injunctive and other equitable relief to prevent or curtail any actual or threatened breach in any court of competent jurisdiction.  Process may be served on you in the manner authorized by applicable law or court rule.

JURY WAIVER

You irrevocably waive any right you may have to a trial by jury in the event of any dispute with Pack Health, its officers, directors, employees, managers, members, contractors, or agents arising out of or resulting from your use of the Website, Content, or Program and agree that any such claims shall be tried to a judge sitting without a jury.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

INTERNATIONAL USERS

The Services are created, operated, and controlled by Pack Health from within the United States.  Pack Health makes no claims that the Services are appropriate for use outside of the United States. You may not use the Services or any component of the Services in violation of United States or foreign export laws and regulations.  Access to the Website, Portal, or Content may not be legal in certain countries outside the United States.  If you access the Website or Portal, or provide information on or via the Website or Portal, from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your own jurisdiction.  If you are a non-United States user, you acknowledge and agree that, as a result of your use of the Services, Pack Health may collect and use your information as disclosed in these Terms and our Privacy Policy and that such information may be stored on servers located outside your resident jurisdiction. United States law may not provide the same degree of protection for such information that is available in your home country. By providing us with your information, you acknowledge that you consent to the transfer of such information outside your resident jurisdiction as detailed in our Privacy Policy. If you do not consent to such transfer, you may not use the Services.

USER REPRESENTATIONS

You represent and warrant that you (i) are of the age of majority as defined under applicable law or have parental or guardian permission to use the Services if you are a minor, (ii) possess the legal right and ability to agree to these Terms, or, if you are a minor, have a parent or guardian with such legal right and ability to agree to these Terms on your behalf, and to use the Services in accordance with these Terms, and (iii) agree to be bound by the laws of the United States. If you do not meet all of these requirements, you must not access or use the Services.

CHANGES TO THE SERVICES AND/OR THE TERMS

The Services are subject to change without prior notice. Additionally, Pack Health may update these Terms, in our sole discretion.  Notices of changes will be posted on the Website and Portal. The changes are effective immediately when we provide notice of them and apply to all access to and use of the Services thereafter. We will notify you of material changes to these Terms in accordance with applicable law. Your use of the Services following a change in the Terms indicates your consent to the revised Terms.  You agree that we shall not be liable to you or any third party for any modification to or discontinuance of any Services or portion thereof. You are expected to check these Terms from time to time so that you are aware of any changes, as they are binding on you.

DIGITAL MILLENNIUM COPYRIGHT ACT

We have adopted the following policy toward copyright and intellectual property infringement.  The address of our Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is:

Attn: Operations

Pack Health, LLC

110 12th Street, North

Birmingham, AL 35203

855-255-2362

operations@packhealth.com

If you believe that material residing on or accessible through the Services infringes your copyright or other intellectual property right, you may request removal of the material by notifying Pack Health of such infringement by sending a written notice of the infringement to the Designated Agent listed above. Please specify the type of infringement at issue. The notice must also include the following information:

  • A signature (physical or electronic) of a person authorized to act on behalf of the owner of the copyright or intellectual property interest;
  • A description of the work that you claim has been infringed upon;
  • A description of where the material you claim is infringing is located on the Website or Portal (in sufficient detail to allow us to locate it on the Website or Portal);
  • Your address, telephone number, and email address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the owner of the work, its agent or the law; and
  • A statement by you, under penalty of perjury, that the information you submit is accurate and that you are the owner of the intellectual property or authorized to act on behalf of the owner.

Once a proper notice is received by our Designated Agent, Pack Health will investigate the allegations in the notice, and if appropriate, remove or disable access to the allegedly infringing material. If necessary, Pack Health will terminate access for users who repeatedly infringe copyrights.

MISCELLANEOUS

Pack Health may assign the Services, the Content, and its rights under these Terms at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of some or substantially all of its assets. You may not assign or transfer your rights under these Terms.

No waiver of by Pack Health of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Pack Health to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.  No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition.

If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be unenforceable, such provision(s) shall be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the remainder of these Terms shall continue in full force and effect.

For any questions or comments, or to report violations of these Terms contact us at:

Pack Health, LLC

110 12th Street, North

Birmingham, AL 35203

info@packhealth.com