PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. They govern your access to and use of this this website, including all pages within the website and the services and materials provided on it (collectively, “WEBSITE”).    

 

BY ACCESSING THE WEBSITE, YOU AGREE TO THESE TERMS, CONDITIONS AND LIMITATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, CONDITIONS AND LIMITATIONS, YOU MUST PROMPTLY CEASE ALL USE OF THE WEBSITE.  

 

1. About the WEBSITE.   

The WEBSITE is provided for your information and convenience only.  The WEBSITE is provided “as is.”

 

2. About this User Agreement.   

You must use the WEBSITE strictly in accordance with these Terms and Conditions.  

We reserve the right, in our sole discretion, to modify these Terms and Conditions. You are responsible for regularly reviewing these terms and conditions, and we strongly urge you to do so. Continued use of the Application after any changes to these Terms and Conditions are posted to the WEBSITE shall constitute your consent to such changes. We assume no obligation to notify you of any changes to these Terms and Conditions.    

 

3. Privacy & Security; Disclosure.  

The privacy policy applicable to the WEBSITE is posted on the WEBSITE and is incorporated herein by reference. The WEBSITE does not store your credit card or bank account information.

 

4. Amazon Associate.    

As an Amazon Associate, Health Shopper, which runs the WEBSITE, earns from qualifying purchases that you make on Amazon. Health Shopper may elect to share some of those earnings with others, such as HSA/FSA account administrators who facilitate access to Health Shopper.

 

5. WEBSITE License Grant and Restrictions.    

License.  Provided that you fully comply with this User Agreement, we hereby grant to you, subject to the terms and conditions of this User Agreement, a nonexclusive, nontransferable right and license to use the WEBSITE solely for your personal and internal business purposes consistent with the description of such service and your user type. All rights not expressly granted to you are reserved by us and our suppliers.

No Derivative Works.  You may not modify or make derivative works of the WEBSITE, or the documentation therefor, nor may you rent, lease or otherwise distribute the access therefor. You may not copy any ideas, features, functions or graphics of the WEBSITE or create a competitive service.

No Reverse Engineering.  You may not reverse engineer, decompile, or disassemble the WEBSITE, directly or indirectly, in whole or in part or attempt to gain unauthorized access to the WEBSITE or its related systems or networks.  

Other Restrictions.  You may not use the WEBSITE to: (a) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;  (b) conduct or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail or multi-level marketing campaigns; (c) harvest user names or email addresses for any purpose; (d) restrict or inhibit any other user from using and enjoying that user’s rights with respect to the WEBSITE, interfere with or disrupt the WEBSITE (or servers or networks connected to WEBSITE); or (e) violate any applicable government laws or regulations.

 

6. Use of the WEBSITE.

You are solely responsible for all activities occurring under your user account including the activities of all parties that you allow to have access to the WEBSITE using your user account. You are solely responsible for the contents, modification, management and/or deletion of any and all files and data used by you in conjunction with the WEBSITE. Further, you are responsible to ensure that such files and data are used in accordance with all applicable local, state, national and foreign laws, treaties and regulations including those related to copyright, data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify us immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to us immediately any illegal activity of which you become aware; and (iii) not impersonate another WEBSITE user or provide false identity information to gain access to or use the WEBSITE.  

 

7. Third Party Interactions.  

Through the WEBSITE you may be linked to or interact with third parties including third party administrators. The WEBSITE may contain links to third party web sites that may be framed within the WEBSITE, but that are not under our control. Please note that when you click on these links, you are moving to another website. We make no representations about third-party websites. When you access a third-party website, you do so at your own risk. During your use of the WEBSITE, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the WEBSITE. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We and our suppliers have no liability, obligation or responsibility for any such activity between you and any such third party. We do not endorse any third parties linked through the WEBSITE. We provide these links to you only as a matter of convenience, and in no event shall we or our suppliers be responsible for any content, products, or other materials on or available from such sites. We provide the WEBSITE to you pursuant to these Terms and Conditions. You recognize, however, that certain third-party providers of services may require your agreement to additional or different license or other terms prior to your use of or access to such services.

 

8. Ownership.  

Worldwide ownership of and all rights, title and interest in and to the WEBSITE and the intellectual property imbedded therein, and all copies and portions thereof, including without limitation, all copyrights, patent rights, trademark rights, trade secret rights, inventions and other proprietary rights therein and thereto, are and shall remain exclusively ours and our suppliers. The only rights you acquire are the licenses set forth in these Terms and Conditions.  

 

9. Trademarks.  

The WEBSITE and the designs, trademarks and logos on the WEBSITE are our trademarks or registered trademarks.  All other trademarks and/or service marks are the property of their respective owners. 

 

10. Access Restriction.  

We reserve the right to deny access to the WEBSITE or any portion thereof to any user, in our sole discretion without notice. You are responsible for safeguarding the confidentiality of your password(s) and user name(s) created by you for use with the WEBSITE or third-party websites that you may access through the WEBSITE, and for any use or misuse of your account on the WEBSITE or any third-party website resulting from any third party using a password or user name created by you.

  

11. Internet Delays.   

The WEBSITE may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. We are not responsible for any delays, delivery failures, or other damage resulting from such problems.  

 

12. Warranty Disclaimer.

THE WEBSITE AND ALL OF THE CONTENTS THEREOF ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED, IMPLIED OR STATUTORY, AND WE HEREBY EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WITH RESPECT TO THE WEBSITE, INCLUDING ALL CONTENTS THEREOF, THE ACCOMPANYING DOCUMENTATION, AND ANY ACCOMPANYING SUPPORTING MATERIALS. YOU EXPRESSLY ACKNOWLEDGE THAT THE APPLICATION MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NO EMPLOYEE, AGENT, RESELLER, DEALER OR DISTRIBUTOR IS AUTHORIZED TO MODIFY THIS LIMITED WARRANTY OR TO MAKE ANY ADDITIONAL WARRANTIES. YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

 

13. Liability Disclaimer.

YOU ARE SOLELY RESPONSIBLE FOR INPUTS INTO THE WEBSITE, VERIFYING THE RESULTS OF THE USE OF THE WEBSITE AND HOW THE OUTPUT FROM THE WEBSITE IS USED BY YOU AND OTHERS. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR THE RESULTS OR WORK PRODUCT OBTAINED FROM YOUR USE OF THE WEBSITE. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE OR OBLIGATED TO YOU IN ANY MANNER FOR ANY SPECIAL, NONCOMPENSATORY, CONSEQUENTIAL, INDIRECT, INCIDENTAL, STATUTORY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST DATA OR PROGRAMS, BUSINESS INTERRUPTIONS, LOST PROFITS AND LOST REVENUE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF WE ARE AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS USER AGREEMENT, WE WILL NOT BE LIABLE TO YOU IN AN AMOUNT IN THE AGGREGATE GREATER THAN THE AMOUNT THAT IS RECEIVED BY US FROM YOU FOR YOUR USE OF THE WEBSITE. THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES SET FORTH IN THIS USER AGREEMENT. THE PARTIES

ACKNOWLEDGE AND AGREE THAT THEY HAVE FULLY CONSIDERED THE  

FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.  

 

14. Indemnification.  

You agree to defend, indemnify and us hold harmless, as well as our employees, officers, directors, licensors and affiliates, from and against any and all claims, losses, liability, costs and expenses (including but not limited to reasonable attorneys’ fees) arising from your violation of any warranty, representation or covenant under these Terms and Conditions, your infringement of any third party’s rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights), and/or the use or misuse of the WEBSITE by you or any third party using your password(s) and/or user name(s).  These obligations will survive any termination of your relationship with us. 

 

15. Termination.  

The license granted herein is effective until these Terms and Conditions are terminated. These Terms and Conditions shall terminate immediately, without notice, in the event you fail to comply with any of the terms and conditions set forth in these Terms and Conditions. Upon termination, you must immediately cease all of your use of the Application. 

 

16. General.

These Terms and Conditions embrace the full, complete understanding of you and us as to the subject matter hereof, and it may not be altered or modified, except by written amendment or collateral agreement, which expressly refers to these Terms and Conditions and which is duly executed by us and you. All prior representations, understandings and agreements regarding the subject matter hereof whether written or oral, expressed or implied, are superseded and shall be of no effect. These Terms and Conditions shall be construed and governed in accordance with the laws of the State of Connecticut, U.S.A., excluding the application of its conflicts of law rules. If any part of these Terms and Conditions are found void and unenforceable, it will not affect the validity of the balance of the Terms and Conditions, which shall remain valid and enforceable according to their terms. No waiver by us of any breach or default by you of any of the covenants or agreements herein set forth shall be deemed a waiver as to any subsequent and/or similar breach or default.