TERMS AND CONDITIONS
Introduction
Welcome to Health Shift Corp.'s (the "Company", "we", "our", or "us") website, www.healthshiftai.com (collectively with all associated websites linked to www.healthshiftai.com by Health Shift Corp., its subsidiaries, and its affiliates, the "Site"). Unless otherwise specified, references to the "Site" include any software that the Company provides to you that allows you to access the Site from a mobile device. The Company offers self-guided recovery programs through our online platform. As used throughout these Terms and Conditions ("Terms"), the term "Services" means the provision of self-guided recovery programs. This Site enables you to access and engage with our Services. Please read these Terms carefully. By accessing the Site, you agree to be bound by these Terms, our Privacy Policy, and any other notices on the Site (the "Notices"). These Notices govern your use of the Site and the Services provided through the Site.
Please read these Terms carefully. These Terms are a legally binding contract between the Company and you. By accessing the Site, you agree to be bound by these Terms, our Privacy Policy, and any other notices on the Site (the "Notices"). These Notices govern your use of the Site and the Services provided through the Site. If you do not agree to the Terms or any Notice, you should immediately cease all use of and access to the Site.
This Site is intended for use within the United States. If you choose to access the Site outside of the United States, you are responsible for compliance with all local laws, including those which may apply to content on the Site which may be prohibited locally.
User Accounts
To access and use our Services, you must create an account (a "User Account") and agree to provide us with the most accurate, complete, and up-to-date information. You also agree to continually update such information as needed, in order to maintain its accuracy. When you register for a User Account through the Site, you will be required to provide some of your personally identifying information (PII). You may not create more than one User Account or share or transfer your User Account.
To create a User Account and use the Services, you must be at least 18 years of age and be of legal age to form a binding contract or, if you are under the age of 18, your parent or legal guardian must create a User Account on your behalf. By agreeing to these Terms, you certify that the information you provide under your User Account, at all times, and any information you upload to your User Account, is true, accurate, current, and complete, to the best of your knowledge.
You are responsible for maintaining the confidentiality of your User Account password and you are fully responsible for all activities that occur under your User Account. You are responsible for exiting your User Account completely and logging off at the end of each session. Please use caution when accessing your User Account from public or shared computers. You agree to notify the Company immediately of any unauthorized use of your User Account or any breach in its security. We will not be held liable for any loss or damage arising from your failure to comply with the above.
We recommend that you do not use the Site or the Services on public or shared computers. We also recommend that you do not store your User Account password through your web browser or other software.
Use of the Services
To use the Services, you must (1) meet the requirements to have a User Account, (2) create a User Account, (3) accept these Terms, (4) agree to receive self-guided recovery programs, and (5) meet certain physical and medical criteria. By seeking Services from the Company through this Site, you give permission to the Company to provide such Services to you. This consent may be withdrawn at any time by notification to the Company and by ceasing to use this Site and the Services. The Company has the right to accept or reject any applicant for the Services, in its sole and absolute discretion.
You must advise the Company before seeking Services related to an injury for which benefits can be recovered under any workers' compensation, employer's liability, occupational disease, or other similar law. Please be advised that the Company does not accept payment from federal or state healthcare programs such as Medicare and Medicaid.
You acknowledge that in the course of receiving the Services, you will engage in physical exercises and may use exercise equipment. As with all physical activity, there is an inherent risk of injury, and there is a risk of complication to any pre-existing conditions. By using the Services, you agree that your participation in these physical activities is voluntary, and you knowingly and freely assume all risks of injury, loss, or damage on account of these activities. While the Services are developed in accordance with accepted guidelines, results are not guaranteed. You are encouraged to discuss the purposes and risks associated with all recommended treatment procedures and activities with your primary care provider.
You should advise the Company of any pre-existing medical conditions or medical conditions that arise during the course of your treatment, including, without limitation, (a) neurological, cardiac, respiratory, and/or autoimmune conditions, (b) health conditions that are incompatible with at least twenty minutes of moderate exercise, (c) loss of strength or sensation in your arms or legs; (d) unexpected changes in urinary or bowel function; (e) recent bone fractures; (f) recent trauma to any part of your body and/or loss of movement in any body parts; (g) recent musculoskeletal or other surgeries; (h) signs of infection in the area of pain such as redness or swelling, or if you are experiencing fever or chills; (i) cancer diagnoses and/or treatments; and (j) pregnancy. If you have any of the above conditions or any other condition(s), we advise you to seek clearance from your primary-care provider to engage in at least twenty minutes of unsupervised light to moderate exercise before applying for the Services.
In certain circumstances, it may be necessary for a physician, surgeon, or other authorized clinician to examine you and approve your use of the Services. This approval may need to happen before, or at a certain point during, your use of the Services.
Any records created as a result of your use of the Site and the Services will be securely maintained by the Company for a period that is no less than the minimum number of years that such records are required to be maintained under state and federal law, typically at least 6 years.
Subject to these Terms, the Company grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access the Site and use the Services for your personal, non-commercial use and only as permitted under these Terms and the Notices.
We reserve the right, in our sole discretion, to deny or suspend use of the Site and the Services to anyone for any reason. You agree that you will not, and that you will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Site or the Services to violate any local, state, national, or international law; (c) reverse-engineer, disassemble, decompile, or translate any software or other components that the Site or the Services utilize, including any third-party platforms; (d) distribute viruses or other harmful computer code through the Site or that of our third-party partners; or (e) otherwise use the Site or the Services in any manner that exceeds the scope of use granted above.
Use of the Services by Minors
The User Account holder for any users under the age of eighteen (18) ("Minors") who utilize the Site and the Services must be the user's parent or legal guardian. If you register for a User Account as the parent or legal guardian on behalf of a Minor, you will be fully responsible for complying with these Terms and for any and all actions taken by the Minor when accessing the Site or Services.
A parent or legal guardian of a Minor may prohibit such individual's use of the Site and the Services. If you are the parent or legal guardian of a Minor and believe that such individual has used the Site and/or the Services without your consent or authorization, please contact us at tjonesdpt@healthshift.org.
Notwithstanding the foregoing, Minors under 13 years of age are not permitted to access or use the Site or the Services, even if a parent or guardian is willing to provide consent.
If you are the parent or legal guardian of a Minor and wish to allow the use of the Services, you must, at the time and for the duration of the Minor's use, be physically present with the Minor. You must identify yourself as the Minor's parent or guardian. You must decide whether, on the Minor's behalf, to grant informed consent to the use of the Services.
In certain circumstances as determined by the law of the state in which Services are received, a Minor may be deemed capable of granting informed consent independent of a parent or guardian. The Company is solely responsible for determining whether those circumstances apply to the case of any given Minor. Where they do, neither the consent nor the presence of a parent or legal guardian is required during the use of the Services, and the Minor may lawfully forbid the disclosure of any information concerning their use of the Services.
Informed Consent to Treatment
The Company offers self-guided recovery programs provided through the Site. The information provided may be used for self-management, and may include any of the following: (a) general health information, (b) exercise guidelines, (c) educational content, and (d) self-assessment tools.
Electronic systems used to provide these services will incorporate network and software security protocols to protect the confidentiality and integrity of your data, and will include measures to safeguard the data to protect its confidentiality, integrity against unauthorized use or disclosure and/or intentional or unintentional corruption, and availability.
Benefits and Risks of Self-Guided Programs
Self-guided programs provide access to recovery resources in circumstances where it may be difficult to provide otherwise. The benefits of self-guided programs may include improved and easier access to recovery resources by enabling users to remain in their own locations and more efficient self-management, often at a lower cost compared to other alternatives.
Yet, as with any type of self-guided program, there are potential risks associated with the use of these services and, hence, the Services provided via this Site. Among these risks are the following:
- Information available may not be sufficient to make correct decisions regarding your recovery. There could be limitations, for example, in the information provided, access to your complete medical records, and the physical assessment that can be performed (in particular, information that can be obtained only by being physically present with a professional will not be available).
- In some cases, the information provided may not be sufficient, or on some other basis the nature of your problem is such that it does not allow for the Services to be provided appropriately without professional oversight.
- Self-guided programs rely on electronic communications and devices. Any technical failure or power outage could therefore delay or disrupt such communications and hinder, delay, or erase our ability to assist you. These limitations could result in an incorrect self-assessment, which in turn could lead to actions that are not helpful, or that could even be harmful. Users are aware of these limitations and should take them into account in making decisions. Where necessary, users should seek in-person care. The risk of error nevertheless exists.
- No electronic communication is entirely safe from intruders. Security protocols could fail, causing a breach of privacy of personal information.
- In some cases, applicable laws may prevent the use of certain self-guided programs. When that is the case, users should seek appropriate professional guidance.
- Since self-guided programs remain a relatively new approach to recovery, risks not yet identified, possibly significant, could also exist.
You are under no obligation to use self-guided programs. You may do so through conventional, in-person services instead of or in addition to our Services.
Payment
You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Payments may be billed and processed by a third-party payment agent. You authorize us, as necessary, to instruct the third-party payment agent to handle payments. You hereby authorize the Company or the third-party payment agent to charge your credit card, debit card, or other payment instrument for the Services. To the extent the payment agent is not the Company, the payment agent is acting solely as a billing and processing agent for and on behalf of the Company and shall not be construed to be providing the applicable Service. You acknowledge that the third-party payment agent may charge you additional fees when processing payments and refunds in connection with the Services. You agree that the Company is not liable for any loss caused by any unauthorized use of your credit card, debit card, or other payment instrument by a third party in connection with your use of the Services, or for any acts or omissions of any third-party payment agent.
We reserve the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms.
You understand and agree that for any Services provided on an appointment basis, you may be responsible for a missed appointment fee according to the current fee schedule if you do not cancel a scheduled appointment at least twenty-four (24) hours in advance of the scheduled appointment time.
Communications
IF YOU ARE OR COULD BE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR SEEK EMERGENCY CARE IMMEDIATELY.
You can send messages to us by emailing at the email address provided or by calling the Company's main phone number and recording a voicemail. Please be advised that emails and/or other messages may not be returned immediately. Emails received by the Company may be viewed by more than one Company agent. Any voicemails or emails received by the Company do not give rise to a provider-patient relationship or an ongoing treatment relationship and do not constitute medical treatment, diagnosis, therapy, advice, or services.
You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services, including, without limitation, appointment confirmations, program information, service announcements, notices, or other communications (collectively, "Communications") through electronic means including, without limitation, (1) email, using the email address that you provide to us during registration of your User Account; (2) short messaging service (SMS) text messages, using the mobile number that you provide to us during registration of your User Account; (3) push notifications, using the mobile number that you provide to us during registration of your User Account; or (4) by posting the Communications on the Site. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivered communication. You can withdraw your consent to receive Communications by canceling or discontinuing your use of the Services. You can opt out of receiving future Communications through email, phone, or SMS text message by replying "STOP" or by calling the Company directly. Should you choose to opt out of receiving Communications, but you continue to use our Site and the Services, you are responsible for reading the content on our Site regarding any policy changes. You are responsible for any internet or mobile charges that you may incur while using the Site or Services, including data charges.
If you elect email or SMS text messages as a method of receiving Communications, you acknowledge that such Communications will be sent to the mobile number or email address you provided to the Company. Such Communications may include PII, and anyone with access to devices connected to your phone number or email address may be able to see this information. You acknowledge that email and SMS text messages may not be a secure method of receiving Communications, and that Communications may be sent through an unencrypted method of communication. Information contained in unencrypted messages is at risk of being intercepted and read by or disclosed to unauthorized third parties. Please see the Notices to learn more about our practices for collecting, storing, and processing the PII of our users in the United States.
You acknowledge that your PII will be released to Company agents. You consent to receiving emails or other Communications from us regarding the Services you receive.
Termination
You may deactivate your User Account and your use of the Services at any time, for any reason, by sending an email to tjonesdpt@healthshift.org. We will verify your identity and complete your request to deactivate your User Account. The Company may suspend or terminate your use of the Site and Services and/or your User Account for any reason at any time including, without limitation, a belief that your conduct or use of the Services (a) fails to comply with the Terms and/or Notices, (b) violates applicable law, (3) is harmful to the Company, or other clients or users, or (4) is abusive, harassing, threatening, or otherwise inappropriate or illegal. We may limit, modify, suspend, or terminate the Services as we deem appropriate or in response to any legal or regulatory changes.
Subject to applicable law, we reserve the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Site pursuant to our internal record retention and/or content destruction policies. After such termination, the Company will have no further obligation to provide you Services, except to the extent we are obligated to provide you access to your records.
Intellectual Property
The Site, Services, and their contents, features, and functionality (including, without limitation, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively, "Intellectual Property") are the property of the Company, its licensors, or other providers of such Intellectual Property and are protected by United States and international copyright, trademark, patent, trade secret, and other laws.
Except as expressly set forth in these Terms, (1) no licenses or rights are granted to you by implication or otherwise in or to any Intellectual Property rights owned or controlled by the Company or its licensors, and (2) you may not use or license the Intellectual Property without the express written consent of the Company, or the owner of such Intellectual Property, as applicable. All rights not expressly granted to you by these Terms are hereby reserved by the Company.
We welcome and encourage users to provide us with feedback. You agree that all comments, suggestions, ideas, or other feedback that you provide us about the Site or the Services (Feedback) will be the sole and exclusive property of the Company. Without limiting the foregoing, the Company may freely use, copy, make, sell, reproduce, or modify Feedback in any manner without consent, obligation, or compensation to you.
Third-Party Websites and Content
The Site, via third-party websites, may provide access to outside content. Additionally, the Site may integrate third-party applications, products, or services which may subsequently gain access to your data and/or PII. These third-party applications, products, and services are not affiliated with the Company and, as such, may have different policies regarding the handling of PII. Your use of these third-party applications, products, and services is at your own risk and is subject to the terms and conditions and privacy practices/policies maintained by such applications, products, and services. We make no representations or warranties with respect to third-party applications, products, or services, or how they operate, including operations involving the privacy, security, exchange, and transmission of your data. We advise you to review the terms and conditions and policies/practices for all third-party applications, products, and services with which you engage. We do not endorse, or hold any responsibility for, the information, practices, and policies such third parties hold.
The Company is distinct from any third-party websites with whom we partner for the Services, or to which we otherwise link through the Site. As such, you acknowledge and agree that the Company is not responsible for the quality, integrity, safety, accuracy, availability, reliability, or legality of such third-party websites, or resources contained therein, and that the Company is not responsible or liable for any content, advertising, products, or other material available from such third-party websites. Further, you acknowledge that the Company shall not be responsible or liable, directly or indirectly, for any damage, harm, injury, or loss of any kind caused or alleged to be caused by or in connection with the use of or reliance upon any content, material, or services available through any third-party websites.
Site Content is Not Medical Advice
Content provided on this Site or relayed through the Services is for informational purposes and is not intended to replace or substitute for any medical service or advice. General advice does not form the basis for a provider-patient relationship. We disclaim any and all liability regarding any treatment, action by, or effect on any person following any general information offered or provided via the Site or through the Services. You should address specific concerns requiring medical advice to an appropriately trained health care provider.
Right to Modify
We may change, add, or delete portions of these Terms at any time. Any modifications will be provided to users by the method that they have provided for receipt of Communications and will be posted to the Site. Continued use of the Site and the Services following notice of any such changes constitutes your acknowledgement of such changes and your agreement to be bound by the Terms, as modified by such changes. Except as otherwise provided herein, changes to the Terms will be effective immediately. Features and specifications of Services are subject to change at any time without prior notice.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR THE SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, AND SYSTEM INTEGRATION.
The Company is not responsible for any inaccurate or incorrect content posted on the Site or relayed through the Services provided. We are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, any Communication caused by you, the Company, or any third-party. The Company is not responsible for any problems or technical malfunctions of network or phone lines, computer equipment or systems, servers, providers, software, email providers, or internet traffic, including injury or damage to you or any other person's computer related to or resulting from using our Site or the Services. Under no circumstances will the Company or any of its affiliates or third parties be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Services, or any content posted on or transmitted from the Site or relayed through the Services provided. The Company does not guarantee or promise any specific results from your use of the Site or the Services.
Limitations on Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, OR ANY OF THE COMPANY'S OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR SHAREHOLDERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, ACTUAL, PUNITIVE, AND/OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUES, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, COST OF SUBSTITUTE PRODUCTS OR SERVICES, BODILY INJURY, OR DEATH OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE UNDER THEORY OF BREACH OF CONTRACT, TORT, NEGLIGENCE, CONTRACT, WARRANTY, STATUTE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER THE COMPANY, NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR THE SERVICES IS LIABLE FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE OR THE SERVICES. NOTWITHSTANDING ANYTHING CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU ARISING FROM THESE TERMS, THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO THE COMPANY FOR ACCESS TO AND USE OF THE SITE AND/OR THE SERVICES.
YOU RELEASE THE COMPANY AND HOLD IT AND ANY THIRD-PARTY PARTNERS, SUPPLIERS, AND PROVIDERS, AND ANY THIRD PARTY WHO PROMOTES THE SERVICES OR PROVIDES YOU WITH A LINK TO THE SITE HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE AS CITED ABOVE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE AND THE SERVICES. WE, AND THOSE REFERENCED DIRECTLY ABOVE, EXPRESSLY DISCLAIM ANY AND ALL LIABILITY RESULTING FROM THE DELIVERY OF SERVICES VIA OUR SITE. YOU WAIVE THE PROVISION OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE. To the extent the Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
The Company's failure to enforce any right or provision of these Terms does not constitute a waiver of future enforcement of such right or provision. If, for any reason, a court of competent jurisdiction or an arbitrator finds any portion of a provision of these Terms unenforceable or invalid, that provision will otherwise be enforced to the maximum extent permissible. All other provisions of these Terms will remain in full force and effect.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, our officers, directors, employees, parents, subsidiaries, affiliates, agents, licensors, and shareholders from and against any claims, actions, losses, demands, costs, expenses, liabilities, and settlements of every kind and nature, whether known or unknown, including, without limitation, reasonable legal and accounting fees and other expenses, that arise directly or indirectly out of or from (1) your violation of these Terms, (2) your activities in connection with use of the Services, and (3) your receipt of Services. You agree to cooperate as reasonably required in the defense of any such claim. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you agree not to settle any such matter without the prior written consent of the Company.
Dispute Resolution
We want you to be satisfied with the Site and the Services, and, in the event you have a concern or dispute regarding the Services, you agree to first try to resolve the dispute informally by contacting us at tjonesdpt@healthshift.org.
If we are unable to resolve your concern or dispute informally, you hereby agree to resolve any and all controversies, claims, and/or disputes (each a "Dispute") arising out of or from your use of the Site or the Services, including Disputes arising out of or relating to these Terms or any other Notices, solely pursuant to the terms of this section. PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT AGAINST US.
Disputes shall be resolved by final, binding arbitration (Arbitration) conducted by JAMS in accordance with the JAMS Streamlined Arbitration Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000, as such rules are in effect at the time the arbitration is initiated and excluding any rules or procedures governing or permitting class actions. The arbitrator shall have exclusive authority to resolve all Disputes. Under any event of Arbitration, including but not limited to any action to compel, enforce award of Arbitration or seek injunctive relief pursuant to these Terms, the prevailing party shall be entitled to an award of their reasonable attorney's fees and costs for such proceeding, including any related trial or levels of appeal.
To the extent permitted by applicable law, you agree that Disputes may only be resolved on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
These Terms are governed by the laws of the State of Illinois. Any action to compel Arbitration, enforce an Arbitration award, or seek injunctive relief pursuant to these Terms shall be brought in Peoria County, Illinois or the U.S. District Court for the Central District of Illinois, and each party expressly waives any objection to jurisdiction and venue in such courts.
The Company retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its Intellectual Property rights.
The Company will provide 30 days' notice of any changes affecting the substance of this section by Communication to you or by posting notice of such changes to the Site. Amendments will become effective 30 days after they are posted on the Site or sent to you.
This section shall survive any termination of your User Account or your use of the Site and/or Services.
Use of Your Device and the Internet
You are responsible for the software, hardware, or other equipment necessary for you to access the Site and the Services (the "Equipment"), including, without limitation, obtaining internet services through a provider of your choice, installing and maintaining appropriate security software, and utilizing updated web browsers. You acknowledge that you have made your own decision to use the Site and the Services, and you acknowledge that the security, availability, and other risks inherent in using the internet and the Equipment to access the Site and the Services are acceptable to you. The Company is not responsible for the security or availability of the Equipment or the internet or any problems you may have relating to the delay, failure, interruption, or corruption of any data or information transmitted in connection with your use of the Site and the Services.
Force Majeure
We will not be deemed to be in breach of or liable for any breach of these Terms or other Notices due to events or occurrences beyond our reasonable control, including, without limitation, acts of God, acts of terrorism, war, invasion, pandemics or epidemics and any governmental responses thereto, failure of public networks, natural disasters, civil disorder, strikes, embargoes, or other disasters.
Assignment and Relationship
The Company may assign its rights and duties under these Terms to any party at any time without notice to you, and such assignment shall not require your approval. Nothing in these Terms creates an agency, partnership, or joint venture between you and the Company.
Entire Agreement
If you have not signed a separate agreement with the Company that expressly supersedes these Terms, these Terms, including all documents incorporated herein by reference, state the entire agreement between you and the Company.
Contact Information
If you have any questions related to these Terms or would like to report a violation of these Terms, please contact us at:
11018 North Jason DriveDunlap, Illinois 61525
tjonesdpt@healthshift.org