Effective: May 1, 2021
Last updated: May 1, 2024
Thank you for visiting Aspire Healthspan, Inc. (including any of our affiliates, “We”, “Us”, “Aspire Healthspan”). These Terms of Use (“Terms of Use” or “Agreement”), together with the Privacy Policy, Acceptable Use Policy (below), and any other documents they expressly incorporate, set forth the terms and conditions upon which you may access and use the mobile application and therapy or other related services provided or operated by Aspire Healthspan and/or its affiliates (collectively, the “Services”), including but not limited to any content and functionality offered through the Services. The terms “Authorized User”, “You” and “Your” means you, your dependents, if any, and any other person accessing your Aspire Healthspan account.
NOTE, ASPIRE HEALTHSPAN MAINTAINS THE PRIVACY OF YOUR HEALTH INFORMATION IN ACCORDANCE WITH ASPIRE HEALTHSPAN’S NOTICE OF PRIVACY PRACTICES, AVAILABLE IN OUR APP. IN THE EVENT OF A CONFLICT BETWEEN THE PRIVACY POLICY AND THE NOTICE OF PRIVACY PRACTICES, THE NOTICE OF PRIVACY PRACTICES SHALL PREVAIL.
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE SERVICES. THESE TERMS OF USE SET FORTH YOUR RIGHTS AND RESPONSIBILITIES CONCERNING THE SERVICES. THESE TERMS OF USE ALSO CONTAIN: (A) PROVISIONS THAT GOVERN HOW CLAIMS ARE RESOLVED, AND (B) AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US OR OUR AGENTS TO BINDING AND FINAL ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS OF USE (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE REVIEW THE SECTION BELOW ENTITLED “DISPUTE RESOLUTION AND BINDING ARBITRATION” FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH ASPIRE HEALTHSPAN.
Your acceptance of, and compliance with, these Terms of Use is a condition to Your use of the Services. By clicking “accept”, You acknowledge that You have read, understand, and accept all terms and conditions contained within these Terms of Use, Acceptable Use Policy, and our Privacy Policy. If You do not agree to be bound by these terms, You are not authorized to access or use the Services; promptly exit the Services.
ORDER TO USE THE SERVICES, YOU MUST BE AT LEAST 18 YEARS OF AGE AND LOCATED IN THE UNITED STATES. BY USING THE SERVICES, YOU (OR, IF YOU ARE YOUNGER THAN THE APPLICABLE AGE OF MAJORITY, YOUR PARENT/LEGAL GUARDIAN) REPRESENT YOU: (A) ARE AT LEAST 18 YEARS OF AGE, AND (B) ARE LOCATED IN THE UNITED STATES. FURTHER, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. IF YOU ARE NOT 18 YEARS OLD, OR IF YOU ARE LOCATED OUTSIDE OF THE UNITED STATES (IRRESPECTIVE OF YOUR AGE), YOU MUST NOT ACCESS OR USE THE SERVICES.
WE RESERVE THE RIGHT TO CHANGE, ADD OR REMOVE PORTIONS OF THESE TERMS OF USE, THE PRIVACY POLICY, AND ANY DOCUMENTS INCORPORATED AND/OR REFERENCED HEREIN AT ANY TIME AND AT OUR SOLE DISCRETION. YOUR CONTINUED USE OF THE SERVICES FOLLOWING THE POSTING OF ANY CHANGES MEANS THAT YOU ACCEPT AND AGREE TO SUCH CHANGES. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS OF USE PERIODICALLY FOR CHANGES.
Your acceptance of, and compliance with, these Terms of Use is a condition to Your use of the Services. By clicking “accept”, You acknowledge that You have read, understand, and accept all terms and conditions contained within these Terms of Use, Acceptable Use Policy, and our Privacy Policy. If You do not agree to be bound by these terms, You are not authorized to access or use the Services; promptly exit the Services.
IN ORDER TO USE THE SERVICES, YOU MUST BE AT LEAST 18 YEARS OF AGE AND LOCATED IN THE UNITED STATES. BY USING THE SERVICES, YOU (OR, IF YOU ARE YOUNGER THAN THE APPLICABLE AGE OF MAJORITY, YOUR PARENT/LEGAL GUARDIAN) REPRESENT YOU: (A) ARE AT LEAST 18 YEARS OF AGE, AND (B) ARE LOCATED IN THE UNITED STATES. FURTHER, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. IF YOU ARE NOT 18 YEARS OLD, OR IF YOU ARE LOCATED OUTSIDE OF THE UNITED STATES (IRRESPECTIVE OF YOUR AGE), YOU MUST NOT ACCESS OR USE THE SERVICES.
WE RESERVE THE RIGHT TO CHANGE, ADD OR REMOVE PORTIONS OF THESE TERMS OF USE, THE PRIVACY POLICY, AND ANY DOCUMENTS INCORPORATED AND/OR REFERENCED HEREIN AT ANY TIME AND AT OUR SOLE DISCRETION. YOUR CONTINUED USE OF THE SERVICES FOLLOWING THE POSTING OF ANY CHANGES MEANS THAT YOU ACCEPT AND AGREE TO SUCH CHANGES. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS OF USE PERIODICALLY FOR CHANGES.
Definitions. In addition to terms defined throughout these Terms of Use, the following terms shall have the below meanings:Aspire Healthspan delivers clinical services via the Aspire Healthspan Services to their patients. Your interactions with Us via the Services are not intended to take the place of Your relationship with Your regular healthcare practitioners or primary care physician. Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of healthcare services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. The telehealth services are not a substitute for in-person healthcare in all cases. In order to use the Services, you will be required to review and agree to an informed consent regarding the use of telehealth. In the event you are receiving healthcare services provided by a Aspire Healthspan provider, then you must agree to the Aspire Healthspan Telehealth Informed Consent that will be provided to you by Aspire Healthspan through the App.
There is no guarantee that You will be treated by a Aspire Healthspan provider. You may not be an appropriate candidate for telehealth services provided by Aspire Healthspan. Aspire Healthspan and/or any Aspire Healthspan provider may determine, in their sole discretion, that You cannot receive a consultation or treatment and may recommend in-person care. After You have started to receive the Aspire Healthspan Services, Aspire Healthspan may determine, in accordance with its established protocols and upon proper notice, that You are no longer an appropriate candidate for participation in the Aspire Healthspan Services, and may cease providing services to You. To receive the Aspire Healthspan Services, You must agree to abide by the protocols, policies and procedures of Aspire Healthspan with respect to patient compliance, communication, and cooperation with instructions and requests by Aspire Healthspan providers.
Excluding healthcare services provided by a Aspire Healthspan provider, the Content of the App, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and is not part of the professional medical advice, diagnosis, treatment, or recommendations provided through the Services by Aspire Healthspan. You should always seek the advice of Your qualified healthcare professionals with any questions or concerns You may have regarding Your individual needs and any medical conditions.
The App and the information provided on or through the App are not intended to take the place of Your relationship with Your regular healthcare practitioners or primary care physician. Except as set forth herein, neither Aspire Healthspan, nor any of its subsidiaries or affiliates or any third party who may promote the App or Services or provide a link to the Services, shall be liable for any information obtained from the App or Services. Aspire Healthspan and its providers do not recommend or endorse any specific tests, physicians, medications, products, or procedures.
Aspire Healthspan’s App and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the App. If You believe You have an emergency, call 9-1-1 immediately.
You should seek emergency help or follow up care when recommended by a healthcare provider or when otherwise needed. You should continue to consult with Your primary healthcare provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions You have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
Aspire Healthspan is not an insurer. If You desire any type of health or other insurance, You will need to purchase such insurance separately.
Aspire Healthspan operates subject to state and federal regulations, and the Services may not be available in Your state. You represent that You are not a person barred from enrolling for or receiving the Services under the laws of the United States or other applicable jurisdictions in which You may be located. Access to and use of the App or the Services is limited exclusively to users located in States within the United States where the Services are available. Services are not available to users located outside the United States. Accessing the App or Services from jurisdictions where content is illegal, or where We do not offer Services, is prohibited.
In order to access the Services, You represent and warrant that You are older than 18 years old. If You are under the age of 18, please do not attempt to register with Us for Services or provide any personal information about Yourself to Us. If We learn that We have collected personal information from someone under the age of 18, We will promptly delete that information. If You believe We have collected personal information from someone under the age of 18, please contact Us at legal@aspirehealthspan.com
While you may be using personal fitness devices, internet-connected medical devices (such as blood sugar monitors), or similar devices to collect biometric and other data that constitutes Personal Information and thereafter send that data to us, your relationship with Aspire Healthspan does not impact your rights and obligations with respect to the companies that manufactured and/or supplied those devices (the “Device Manufacturers”). Your relationship with Aspire Healthspan is independent of your relationship with the Device Manufacturers, and Aspire Healthspan is not responsible for any uses or disclosure of your Personal Information by the Device Manufacturers. Please refer to any privacy policies, terms and conditions, and license agreements you may have with the Device Manufacturers.
In the event that You become eligible to participate in the Services as an “Authorized User,” You will be provided with a notification that You are eligible to participate in the Services as an “Authorized User”. To become an Authorized User, You are required to register for the Services and provide certain information about Yourself. We will validate Your right to receive the Services and create an Authorized User account on Your behalf, which You will use to access the App and use the Services. You will provide Aspire Healthspan with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of Your account. You shall not use a false name, email address or phone number or otherwise enter information with the intent to impersonate another person. It is a condition of Your use of the App and Services that all the information You submit to Us is complete, current and correct.
All information We collect about You in connection with the Services is subject to our then-current Privacy Policy. We also track certain Authorized User interactions with the App. This includes: viewing a page, tapping a button, time spent on a page, time for a page to load, and data entered into the App. By using the Services, You consent to all actions taken by Us with respect to Your information in compliance with the Privacy Policy, including being contacted via email, text message (SMS) or other electronic means.
Your Authorized User account may only be used for Your personal use, and will require a username and password (“Account Credentials”). Your Account Credentials are personal to You, and You are solely responsible for maintaining the confidentiality of Your Account Credentials, and for all activities that occur under Your account. You shall: (a) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data You provide; (b) maintain the confidentiality of Your Account Credentials; (c) prohibit anyone else from using Your Account Credentials and agree to immediately notify Aspire Healthspan of any actual or suspected unauthorized use of Your Account Credentials or other security concerns of which You become aware; and (d) comply with all applicable local, state, and federal laws in using the Services.
When You use the App or Services, or send emails, messages, and other communications from Your desktop or mobile device to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that We provide to You electronically, satisfy any legal requirement that such notices and other communications be in writing. Aspire Healthspan may contact You by telephone, mail, or email to verify Your account information. Aspire Healthspan may request further information from You and You agree to provide such further information to ensure that You have not fraudulently created Your account. If You do not provide this information in the manner requested within 14 days of the request, Aspire Healthspan may suspend, discontinue, or deny Your access to and use of the App and the Services until You provide the information to Us as requested.
By providing Your mobile number, you are agreeing to be contacted by or on behalf of Aspire Healthspan at the mobile number you have provided, including calls and text messages, to receive Service related (e.g., progress tracking, reminders, etc.) messages and communications relating to the Services. Message and data rates may apply. We may confirm Your opt out by text message. If you subscribe to multiple types of text messages from Us, We may unsubscribe you from the service that most recently sent you a message or respond to Your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing Your consent, some App features and certain Services may no longer be available to you. Keep in mind that if you stop receiving text messages from Us you may not receive important and helpful information and reminders about Your Services.
Subject to the terms and conditions of this Agreement (including the Privacy Policy and Acceptable Use Policy) and payment of all applicable fees, and during the term of this Agreement, Aspire Healthspan grants You a royalty-free, non-exclusive and non-transferable right to access and use the Services in accordance with the terms of this Agreement, and any Documentation made available to You by Aspire Healthspan solely for purposes of Your personal use of the Services. The Services are limited to Authorized Users in the United States. The Services are enabled by technology, software and certain Content delivered electronically. Any use of the Service in breach of this Agreement, or that in our judgment threatens the security, integrity or availability of the Service, may result in immediate suspension of the Service, however We will use commercially reasonable efforts under the circumstances to provide You with notice and an opportunity to remedy such violation or threat prior to such suspension. Other than as expressly set forth in this Agreement, no license or other rights in or to the Services are granted to You, and all such licenses and rights are hereby expressly reserved. Neither the Services, nor any part of the Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Aspire Healthspan. You may not use any meta tags or any other “hidden text” utilizing Aspire Healthspan’s name or trademarks without the express written consent of Aspire Healthspan. You may not misuse the Services. You may use the Services only as permitted by law. The Content of the Services, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Services may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by Aspire Healthspan. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content, or other proprietary information (including, without limitation, images, text, page layout, or form) of Aspire Healthspan without our express written consent.
Aspire Healthspan has designed the Services to assist people to achieve their health goals through healthy lifestyle choices and behavior. We encourage You to consult with Your healthcare provider before commencing the Services. To the extent applicable, You represent that You are in good enough health to begin these Services, which may include changes to Your diet or level of physical activity, among other things. The Services require Your active engagement and participation. You understand that, despite Your efforts, individual users’ results will vary for a variety of reasons and Aspire Healthspan cannot guarantee that You will achieve Your health goals.
Aspire Healthspan shall have no liability for any claims, losses, or damage caused by use of or errors or omissions in any information provided to Aspire Healthspan by an Authorized User in connection with the Services or any actions taken by Aspire Healthspan at an Authorized User’s direction. Aspire Healthspan shall have no liability for any claims, losses or damages arising out of or in connection with an Authorized User’s use of any Third-Party Technology that is accessed via links from within the Services. Any medication adjustment recommendations made by the Services are based solely on data from the compatible biosensors, medical and scientific literature, and established treatment guidelines. All medication adjustments are at the sole discretion of the treating physician, based on the physician’s independent medical judgment and expertise. Medication adjustments must be made in consideration of the patient’s symptoms, medical history, and concomitant medications.
You have the right to access your medical records. Records of the care that you receive during your quarterly visits with third-party corporate telehealth providers will be shared with your primary care provider (PCP) on record. Medical records from your quarterly visits will be made accessible in an electronic patient record system or provided in a different manner unless you opt out. Costs incurred for services received through the third-party corporate telehealth provider are available at in-network cost-sharing rates. Out-of-pocket costs shall accrue to any applicable deductible or out-of-pocket maximum. Members of plans with Out-of-Network benefits or network status unknown.
You may receive services from network providers or an in-person basis or via telehealth, if available. Contact your primary care provider, treating specialist, facility, or other health professional to learn whether telehealth is an option. Network telehealth and in-person services are subject to the same timeliness and geographic access standards. If your plan has out-of-network benefits, they are subject to your plan’s cost sharing obligations and balance billing protections. Members of plans with no Out-of-Network benefits or limited Out-of-Network benefits. You may receive services from network providers on an in-person basis or via telehealth, if available. Contact your primary care provider, treating specialist, facility, or other health professional to learn more. Network telehealth and in-person services are subject to the same timeliness and geographic access standards. Although your plan has no or limited out-of-network benefits, if you use out-of-network services, you are subject to the plan’s cost-sharing obligation and balance billing protections.
If You submit, upload, post, or transmit any of Your Data, including health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to Us or our Services, You agree Your Data shall comply with our Acceptable Use Policy.
The term of this Agreement will begin upon Your successful registration for the Services and will continue indefinitely unless terminated by either party as permitted herein.You acknowledge and agree that Aspire Healthspan may suspend or terminate Your access to the Services in accordance with applicable law if You (a) breach any term of this Agreement, (b) fail to meet eligibility requirements as determined by Aspire Healthspan, (c) fail to abide by the protocols, policies, and procedures established by Aspire Healthspan, (d) develop a medical condition that, in the professional judgment of Aspire Healthspan or a Aspire Healthspan provider, renders the Services medically unsafe or inappropriate for You, (e) become an inactive member, or (f) engage in any conduct that Aspire Healthspan determines in its discretion may have an adverse effect on Aspire Healthspan or its reputation. Aspire Healthspan may also terminate Your access to the Services at any time for its convenience in accordance with applicable law.
Upon termination, You will no longer have access to the Services, Devices, App or other Content provided through the Services. In addition to termination, Aspire Healthspan reserves the right to pursue any and all remedies available to it in the event of such a breach or conduct. Upon any termination, You will have the opportunity for a period of 90 days to retrieve any of Your Data (and our obligations are only to use commercially reasonable efforts to retrieve such data, subject to any standard fees We may charge for our time in retrieving Your specific data). To retrieve Your Data please send an email to privacy@aspirehealthspan.com. We will store any PHI or PII as required by applicable law.
Except for the limited license and use rights expressly granted to You under this Terms of Use during the Term, all title to and the rights in the Services, including any and all technology, software and content, including ownership rights to patents (registrations, renewals, and pending applications), copyrights, trademarks, trade secrets, Aspire Healthspan’s or third party hardware, other technology, any derivatives of and all goodwill associated with the foregoing is the exclusive property of Aspire Healthspan and/or third parties. You grant Us a worldwide, perpetual, irrevocable, royalty-free license to use, modify and incorporate into the Services any suggestion, enhancement request, recommendation, correction or other feedback provided by You relating to the operation of the Services.
Trademarks, service marks, graphics, and logos used in connection with the Services are the trademarks of their respective owners. You are granted no right or license with respect to any of the trademarks mentioned above and any use of such trademarks. You acknowledge and agree that all text, graphics, photographs, trademarks, logos, visual interfaces, artwork, computer code and all other related content contained on the Services are owned by Aspire Healthspan or third parties and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Any reproduction, publication, further distribution or public exhibition of materials provided through the Services, in whole or in part, is strictly prohibited. Except as expressly provided in these Terms of Use, no part of the Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, distributed or transmitted in any way (including “mirroring”) to any other computer, server, Services or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of Aspire Healthspan.
The Services may contain certain applications and portions of applications which are provided under terms and conditions that are different from this Agreement (such as open source or community source), or which require Us to provide You with certain notices and/or information (“Excluded Code”). We will identify such Excluded Code in a text file or about box or in a file or files referenced thereby (and shall include any associated license agreement, notices and other related information therein), or the Excluded Code will contain or be accompanied by its own license agreement. Your use of the Excluded Code will be subject to the terms and conditions of such other license agreement solely to the extent such terms and conditions are inconsistent with the terms and conditions of this Agreement or are required by such other license agreement. By using or not uninstalling such Excluded Code after the initial installation of the Excluded Code You acknowledge and agree to all such license agreements, notices, and information.
By accessing the Services, You will have access to certain Confidential Information, including but not limited to our software, methods, techniques, processes, programs, devices and operations and any other information We designate as our Confidential Information. Your Confidential Information includes Your Data but does not include anonymized information (including, without limitation, PHI that has been de-identified in accordance with HIPAA requirements) collected from all users. You and Aspire Healthspan each agree to: (a) only use Confidential Information as explicitly permitted in this Agreement; (b) not disclose any Confidential Information of the Disclosing Party to any third party; and (c) not disclose or use Confidential Information following the termination of the Service subscription, unless otherwise explicitly permitted herein (or in the Privacy Policy). Each party agrees to take reasonable efforts to protect the Disclosing Party’s Confidential Information from disclosure to third parties, except as explicitly permitted herein, and apply measures consistent with those applied to the Receiving Party’s protection of its own Confidential Information. Upon the Disclosing Party’s request, at any time, the Receiving Party agrees that it will promptly return or destroy all copies of Confidential Information to the Disclosing Party except for information periodically stored as part of a standard back-up procedure. The Disclosing Party shall be entitled to injunctive relief in the event of any unauthorized use or disclosure, whether or not intentional, of its Confidential Information. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided that the Receiving Party notifies the Disclosing Party in advance of the compelled disclosure (to the extent legally permitted) and provides reasonable assistance in order to permit the Disclosing Party to contest such disclosure.
Aspire Healthspan’s email is encrypted. By agreeing to these Terms of Use, You agree that Aspire Healthspan will not be held responsible for any breach of Confidential Information if You communicate confidential or private information via unencrypted email, text, or phone messages.
Subject to any applicable terms and conditions set forth in our Privacy Policy, any other communication or material that You send to Us through the Services, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and We will have no obligation of any kind with respect to such information.
We reserve the right to withdraw or amend these Services or materials We provide in connection with the Services at any time in our sole discretion in accordance with applicable law. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time in accordance with applicable law, We may restrict access to some or all of the Services. We also may update the Services’ Content from time to time without notice to the extent permitted by applicable law. While We make reasonable efforts to maintain current information, We cannot guarantee that the Services’ Content is complete or up-to-date.
In the event that You are a business or other commercial entity accessing the Content and the Services, You understand that the terms of Your arrangement with Aspire Healthspan and access of the Content and the Services may be subject to additional terms and conditions set forth in a Master Services Agreement or other written agreement entered into by and between You and Aspire Healthspan.
Although Aspire Healthspan attempts to ensure the integrity and accurateness of the Content on the Services and Service descriptions, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Service descriptions and other content on the Services. It is possible that the Services could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Services by third parties. In the event that an inaccuracy arises, please inform Aspire Healthspan so that it can be corrected. Information contained on the Services may be changed or updated without notice.
Healthspan shall have no responsibility or liability for information or content posted to the Services from any non-Aspire Healthspan affiliated third party. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of, or with respect to, the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the App in accordance with our internal record retention or destruction policies.
All questions and requests relating to Services support must be directed to Aspire Healthspan. To submit a support request, please email Us at support@aspirehealthspan.com . The Select Third Parties (as defined below) are not responsible for providing support for the application portions of the Services and may not be contacted for support. Aspire Healthspan will use commercially reasonable efforts to respond to questions and provide support.
Aspire Healthspan will have no liability for errors, unreliable operation, or other issues resulting from use of the Services on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Services on Modified Devices will be at Your sole and exclusive risk and liability.
Your wireless carrier, the manufacturer and retailer of Your mobile device, the developer of the operating system for Your mobile device, the operator of any application store, marketplace, or similar service through which You obtain the Services, and each of their respective affiliates, suppliers, and licensors (collectively, the “Select Third Parties”) are not parties to these Terms of Use and they do not own and are not responsible for the Services. Aspire Healthspan, and not any Select Third Parties, is responsible for addressing any claims raised by You or any third party regarding the Services or Your use or possession thereof, including, but not limited to, claims related to product liability, legal or regulatory requirements, and consumer protection or similar legislation
You are responsible for complying with all application store and other applicable Select Third Parties’ terms and conditions. In the event of any claim that the Services or Your possession and use of the Services infringe a third party’s intellectual property rights, the Select Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.
Without limiting the foregoing, the following terms and conditions apply to You only if You are using the App from the Apple App Store. You, as an end-user of the App, acknowledge that this Agreement is entered into by and between Us and You and not with Apple, Inc., and Apple, Inc. is not responsible for the App and/or its content. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the App. You acknowledge that You have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). This Agreement incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the App is considered the “Licensed Application” as defined in the LAEULA, and We are considered the “Application Provider” as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this Agreement shall control. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the App (including, without limitation, a third party claim that the App infringes that third party’s intellectual property rights) or Your use or possession of the App, including but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. You acknowledge and agree that, to the maximum extent permitted by applicable law, Apple, Inc. will have no warranty obligation whatsoever with respect to the App.
Any and all Third-Party Technology or services provided, made available, linked to, or otherwise accessible through the Services are provided solely as a convenience to You and are not under our control. Aspire Healthspan does not endorse, recommend, or otherwise make any representations or warranties with respect to any Third-Party Technology. Aspire Healthspan does not have any responsibility or liability to You for any Third-Party Technology which You access and use at Your own risk. Further, You agree to comply with any and all terms and conditions applicable to the use of Third-Party Technology and otherwise ensure that You have obtained all rights, licenses, and clearances that may be necessary to use such Third-Party Technology. We encourage You to review the terms of use and privacy policies applicable to such Third-Party Technology.
Aspire Healthspan is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM ACT”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from Us as set forth in the Section above, titled “Consent to Receive Calls and Text Messages.” Emails, newsletters, and text messages received from Us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event You receive an email or text message from Us which You do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please contact Us immediately at the address listed below under the section “How to Contact Us.”
We warrant that the Services will substantially perform in accordance with the Documentation.
EXCEPT AS EXPRESSLY PROVIDED IN THE WARRANTY IMMEDIATELY ABOVE, ASPIRE HEALTHSPAN MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN ADDITION, ASPIRE HEALTHSPAN: (A) DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, AND (B) MAKES NO WARRANTY AS TO THE ACCURACY, INTEGRITY OR COMPLETENESS OF ANY CONTENT OR THAT CONTENT PROVIDED IS APPLICABLE TO, OR APPROPRIATE FOR YOUR PARTICULAR CONDITION OR USE OUTSIDE OF THE UNITED STATES. CONTENT AND THIRD-PARTY TECHNOLOGY ARE PROVIDED “AS IS,”
EXCLUSIVE OF ANY WARRANTY WHATSOEVER. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE APP, SERVICES, AND LINKED WEBSITES. ASPIRE HEALTHSPAN DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. ASPIRE HEALTHSPAN DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE APP, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE.
EXCEPT FOR ACTS OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR WHERE PROHIBITED BY APPLICABLE LAW AND WITHOUT LIMITATION, WILL ASPIRE HEALTHSPAN MENTIONED HEREIN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR RELATE IN ANY WAY TO THE APP, SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, OR ANY LINKED WEBSITE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ASPIRE HEALTHSPAN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, ASPIRE HEALTHSPAN IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, ASPIRE HEALTHSPAN’S LIABILITY WILL IN NO EVENT EXCEED THE AMOUNT OF FEES PAID BY YOU OR, AS APPLICABLE, ON YOUR BEHALF BY YOUR EMPLOYER, HEALTH PLAN, PHARMACY BENEFIT MANAGER OR HEALTH CARE PROVIDER SPECIFICALLY IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE PRECEDING SIX (6) MONTH PERIOD. YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
The Services are intended solely for users in the United States. The Services are not available to all persons or in all geographic locations. Any offer for any feature, product or service made on the Services is void where prohibited.Governing Law. You agree that all matters relating to Your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of Delaware, without regard to its conflicts of law provisions.
PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR RIGHTS. We want You to be happy with the Services. If, for some reason, We cannot resolve any concern You may have with our Services to Your satisfaction, You and Aspire Healthspan each agree to try to resolve those disputes in good faith after You provide written notice of the dispute as set forth below. If We cannot resolve the dispute, You and Aspire Healthspan agree that We will resolve the dispute through individual binding arbitration or small claims court, instead of courts of general jurisdiction.
Before initiating an arbitration or a small claims matter, You and Aspire Healthspan each agree to first provide to the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute to Aspire Healthspan should be sent to:
Chief Legal Officer
Aspire Healthspan, Inc.
legal@aspirehealthspan.com
Aspire Healthspan will provide a Notice of Dispute to You by email to the address provided in Your user account. Aspire Healthspan will provide You a designated representative to work with to try to resolve Your Dispute to Your satisfaction.
The failure of Aspire Healthspan to insist on or enforce strict performance of these Terms of Use will not be construed as a waiver by Aspire Healthspan of any provision or any right it has to enforce these Terms of Use, nor will any course of conduct between Aspire Healthspan and You or any other party be deemed to modify any provision of these Terms of Use.
The provisions of these Terms of Use are severable. The invalidity, in whole or in part, of any provision of these Terms of Use will not affect the validity or enforceability of any other of its provisions. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use will remain in full force and effect.
The Services, Content, other technology We make available, and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on any U.S. government denied-party list. You shall not use the Service in violation of any U.S. export law or regulation.
Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than You, Aspire Healthspan, and our affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to You, Aspire Healthspan, and our affiliates, nor shall any provision give any third parties any right of subrogation or action against You, Aspire Healthspan, and our affiliates.
You shall not assign any of Your rights or obligations hereunder, whether by operation of law or otherwise, without Aspire Healthspan’s prior written consent, and any attempt to do so shall be void. Aspire Healthspan may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.
These Terms of Use, along with the then current version of the Acceptable Use Policy and Privacy Policy (and any other documents incorporated and/or referenced therein or thereby) shall constitute the entire agreement and understanding between Us concerning the subject matter hereof and supersede all prior agreements and understanding of the parties with respect thereto. In its sole discretion, Aspire Healthspan may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this App. For purposes of these Terms of Use, (a) the words "include," "includes," and "including" are deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; and (c) the words "herein," "hereof," "hereby," "hereto," and "hereunder" refer to these Terms of Use as a whole.
You may contact Us regarding the Services or these Terms of Use by mail at Aspire Healthspan, Inc., 1836 Shoshone Drive, Ogden, UT 84403 or by email at legal@aspirehealthspan.com
Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
You agree to comply with the following “Acceptable Use Policy” at all times while using the Services and the App.