The Terms and Conditions of Use (“Terms”) were last updated on November 17, 2014 (the “Revision Date”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS APPLICATION.
Please reference and review the Terms on a regular basis as they constitute a legally binding agreement between you and Insignia Health and have important consequences on your legal rights and obligations. The terms apply to all Insignia Health websites and web-based applications including, but not limited to, the PAM® assessment and Flourish® (the “Site”).
By accessing or using this Site, you agree to the Terms that govern usage of the Site. It is your responsibility to read and understand them. If you do not agree with the Terms, do not use the Site.
Insignia Health (“Insignia Health,” “we,” “us,” or “our”) may, without notice, revise and update the Terms at any time and such updated Terms will apply to your use of the Site effective as of the Revision Date. Such revisions and updates will be indicated by a change in the Revision Date listed above. Your continued use of the Site means that you accept the updated Terms.
The information on the Site, including any data, graphics, or other material transmitted through or residing on the Site regardless of its nature, form, or source (the “Content”), is of a general nature and is intended for informational purposes only.
If you violate any of the Terms, your permission to access the Site and use the Content automatically terminates and you must immediately destroy any copies of the Content that you have made or possess.
Insignia Health provides access to some information on the Site without the need to register. However, we condition your access and use of certain functionalities provided by the Site, including but not limited to, access to its PAM® assessment and Flourish®, on your completion of the registration process (“Registration Process”). During the Registration Process, you will be provided with a username and password. You will be required to enter your username and password to access the Site.
Your username and password are personal to you. You are responsible for maintaining the confidentiality of the username and password and are fully responsible for all activities that occur under your username and password. You may not allow anyone else to use your username and password, nor use anyone else’s username or password, at any time. You agree to immediately notify us of any unauthorized use of your username, password, account, or any other breach of security.
Insignia Health will not be liable for any loss that you may incur as a result of someone else using your username, password, or account, either with or without your knowledge. However, you could be held liable for losses incurred by Insignia Health, its Affiliates, or any other party due to someone else using your username, password, or account.
Insignia Health may, in its sole discretion, terminate your username, password, account, and/or access to the Site without prior notice to you. It is not liable to you or any third party for such termination.
In consideration of your use of and/or registration on the Site, you agree to: (a) when prompted during the Registration Process or any other time during your use of the Site, provide true, accurate, current, and complete information about yourself for your account information (“Account Information”); and (b) maintain and promptly update the Account Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Insignia Health has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Insignia Health may suspend or terminate your account and prohibit you from continued use of the Site.
Use of the Site and the Content is entirely at your own risk. The Site and all Content are provided “as is” and Insignia Health, its affiliates, licensors, suppliers, officers, directors, employees, agents, or other related parties (collectively, the “Affiliates”) make no warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, or any other warranty, condition, guaranty, or representation, whether oral, written, or in electronic form, including but not limited to the accuracy or completeness of the Site or its Content. TO THE FULLEST EXTENT PERMITTED BY LAW, INSIGNIA HEALTH AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS.
Insignia Health and its Affiliates will not be responsible to you or to any third parties for any direct, indirect, consequential, special, or punitive damages or losses you may incur in connection with the Site, its Content, or your use of or inability to use the Site, regardless of the type of claim or the nature of the cause of action, even if Insignia Health has been advised of the possibility of such damage or loss. In the event that the exclusion or limitation of liability for consequential or incidental damages is limited by state or other law, such liability is limited to the fullest extent permitted by law. Insignia Health and its Affiliates are not liable for any personal injury, including death, caused by your use or misuse of the Site or its Content. To the maximum extent permitted by law, you hereby release and forever waive any and all claims you may have against Insignia Health and its Affiliates from losses or damages you sustain in connection with your use of the Site or its Content. Insignia Health and its Affiliates are liable only to the extent of actual damages incurred to you, but in no event in an amount greater than One Hundred U.S. Dollars ($100.00). Any claim arising in connection with your use of the Site or its Content must be brought within one (1) year of the date of the event giving rise to such claim.
The Content may be protected by copyright, trademark, and/or other proprietary rights. Some Content in Flourish® has been adapted, with permission, from material copyrighted by Insignia's Affiliates. All Content is subject to the copyright protections provided under United States law. Insignia Health, and/or its Affiliates, retains all rights, including copyright, to all Content. Unless otherwise provided on the Site or relating to particular Content, you may download and use the Site’s Content for noncommercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the Content. You may not distribute, modify, transmit, reuse, repost, transfer, or make any other use of any Content for public or commercial purposes without Insignia Health’s express prior written permission. To obtain permission to use the Content other than as expressly provided in the Terms or on the Site itself, submit your written request specifying the proposed use to:
Insignia Health, LLC
One SW Columbia Street, Suite 700
Portland, OR 97258
Any use of the Content not expressly permitted by the Terms is a breach of the Terms and may violate copyright, trademark, or other laws. The Content is subject to change or termination without notice at the sole discretion of Insignia Health. All rights not granted by the Terms are reserved to Insignia Health and its Affiliates.
Any trademarks, logos, or other source-identifying information appearing throughout the Site belong to Insignia Health, its Affiliates, or third party trademark owners, and are protected by U.S. and international trademark laws. You agree not to display or use in any manner the Insignia Health trademarks or logos, or any other trademarks or logos found on the Site, without Insignia Health’s express prior written permission. Nothing on this Site confers any license or other rights under the intellectual property or other proprietary rights of Insignia Health, its Affiliates, or any third party, whether by estoppel, implication, or otherwise.
Any rules for the use of software or other items accessible on or from the Site may be included elsewhere on the Site and are hereby incorporated by reference into the Terms.
Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of such jurisdiction.
The Site and the Site’s Content are not designed or intended for use by minors. You must be an individual eighteen years of age or older to use the Site, unless you are supervised by a parent or guardian. If you are under eighteen years of age, you do not have permission to access or use the Site and are expressly prohibited from accessing or using the Site unless you are supervised by a parent or guardian. The parent or guardian is solely responsible for supervising a minor child’s use of the Site, and assumes full responsibility for the interpretation and use of any information obtained from the Site for the minor.
We provide the Site’s Content to our consumers as a service to foster behaviors essential to more active self-management and increased healthcare engagement. Content related to health issues is only intended to be general in nature, and to facilitate communication between you and your physician, pharmacist, naturopath, nutritionist, physical trainer, or other qualified health care provider (“Health Care Provider”). The Content is not intended for diagnosis or treatment of any health or medical condition, and should not be used as a substitute for seeking professional medical advice, diagnosis, treatment, or care. All specific medical or health-related questions or concerns you have about a possible medical condition, treatment, physical training, care, or diagnosis should be presented to your own Health Care Provider. The Content does not contain information about all diseases, illnesses, or conditions, nor does it contain all medical information that may be relevant or useful to your healthcare needs.
The Content may include information provided by third parties and users. For such Content, Insignia Health is a distributor and not a publisher. Insignia Health has no editorial control over such Content. Any opinions, advice, statements, services, offers, or other information expressed or made available by such third parties (including Affiliates, merchants, and Site users) are those of the respective authors or distributors of such Content and not of Insignia Health or its Affiliates. Insignia Health reserves the right to delete, edit, or otherwise modify any content submitted or posted by third parties or users on the Site.
The Content is of a general nature and is intended for general, broad-based informational purposes only. The Content is not and should not be used as a substitute for professional medical care, or for the prevention, diagnosis, or treatment of health problems. Never disregard professional medical advice or delay in seeking such advice or treatment based on the Content.
Nothing on the Site is to be interpreted as advocating the self-management of your health and/or medical condition(s), or those of your family or others, as your sole health management mechanism. The information on this Site should be used in concert with assistance from a Health Care Provider. Reliance on the Content for any reason is solely at your own risk.
The information contained on the Site has been compiled without specific reference to cultural, dietary, societal, language, or prescribing conditions that might affect the information provided.
Except as expressly stated otherwise on the Site, Insignia Health does not endorse, operate, control, or assume responsibility for any product, brand, method, treatment, information, or services referenced on the Site.
Insignia Health may, without notice, revise and update the Terms at any time. Such updated Terms will apply to your use of the Site effective as of the Revision Date. Such revisions and updates will be signified by a change in the Revision Date listed above. Your continued use of the Site means that you accept the updated Terms.
You agree that you will not submit, upload, transmit, or otherwise make available to Insignia Health or the Site any communications or content of any type that infringes or violates the rights of any party. By submitting communications or content to the Site, you agree that such submissions are not confidential for all purposes.
Insignia Health is pleased to hear from its customers and welcomes your comments regarding its products, its Site and the Content provided on its Site. We ask that you be specific in your comments regarding services and products. If you send comments, suggestions, ideas, materials, notes, drawings, concepts, business information, or inventions, or post or submit any other information anywhere on the Site (collectively, “Submissions”), you hereby warrant that you are the owner of such Submission and that you grant Insignia Health a royalty-free, perpetual, irrevocable, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media, or any form, now known or hereafter developed. Insignia Health may sublicense its rights in the Submission through multiple tiers of sublicenses. Without limiting the foregoing, the Submissions are not subject to any obligation of confidence on Insignia Health’s part, and Insignia Health is not liable for any use or disclosure of any Submission. If you do not wish to grant such a license to Insignia Health for your Submission(s), do not submit them to Insignia Health through the Site, via email, or via any other means.
Any conduct by you that, in Insignia Health’s sole discretion, restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site and its Content only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, as determined by Insignia Health in its sole discretion, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You agree not to access the Site by any means other than through the interface that is provided by Insignia Health for use in accessing the Site.
You agree to indemnify and hold harmless Insignia Health and its Affiliates from any claim or demand, including reasonable attorneys’ fees, made due to or arising out of your use of the Site; the Content you submit, post to, or transmit through the Site; or your violation of the Terms.
Insignia Health reserves the right to refuse to offer services to you for any reason.
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting Insignia Health’s copyright agent (identified below) and providing the following information:
Insignia Health, LLC
One SW Columbia Street, Suite 700
Portland, OR 97258
In an effort to protect the rights of copyright owners, Insignia Health reserves the right to terminate the accounts of users of the Site who are repeat infringers.
Choice of Law and Jurisdiction. The Terms, and any dispute arising out of your use of the Site and its Content, are governed and interpreted in accordance with the laws of the State of Oregon (without regard to its conflicts of laws principles) and the applicable laws of the United States. You irrevocably consent to the exclusive jurisdiction of the Multnomah County courts of the State of Oregon for all purposes in connection with any action or proceeding which arises out of or relates to the Terms, the Site, or its Content, and agree that any such action will be initiated and maintained in the courts of the State of Oregon.
Arbitration. Any dispute or claim that arises out of or that relates to the Terms, or to the interpretation or breach thereof, or to the existence, scope or validity of the Terms or this provision, must be resolved by arbitration in accordance with the then-effective arbitration rules of (and by filing a claim with) the Arbitration Service of Portland, Inc., and judgment upon the award rendered pursuant to such arbitration may be entered in any court having appropriate jurisdiction.
Survival. Provisions of these Terms survive the expiration or termination of your account with Insignia Health.
Severability and Waiver. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be illegal or unenforceable, then such section will be eliminated or limited to the minimum extent necessary to comply with the court ruling, and the remainder of the Terms will continue in full force and effect. The consent to or waiver by Insignia Health of any breach by you of any section of the Terms, whether express or implied, is not a consent to or waiver of Insignia Health’s rights with respect to any other, different, or subsequent breach of or non-compliance with any section of the Terms.
Entire Agreement. Except as expressly provided in a particular legal notice on the Site or pertaining to Content found on the Site, this Agreement constitutes the entire agreement between you and Insignia Health relating to the subject matter of the Terms, including the Site and its Content.