The following are terms of a legal agreement ('Agreement') between you and Digital Health Protect ("Digital Health Protect"). By accessing, browsing and/or using this website ('Site'), you acknowledge that you have read, understood and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may contain technical inaccuracies or typographical errors. Please read this Agreement carefully and note that Digital Health Protect may, in its sole discretion and without notice, revise these terms at any time by updating this posting.
Hyperlinking
Digital Health Protect makes no representations about any other website which you may access through this one. When you access a non-Digital Health Protect website, please understand that it is independent of Digital Health Protect, and that Digital Health Protect has no control over the content on that website, even if Digital Health Protect provides information or services to the owner of that website. In addition, a link to a non-Digital Health Protect website does not mean that Digital Health Protect endorses or accepts any responsibility for the content or the use of such a website. In fact, Digital Health Protect disclaims any and all liability and responsibility for such content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
Copyrights and Use of Site Content
The copyright in all materials provided on this Site is held by Digital Health Protect or by the original creator of the material. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Digital Health Protect or the copyright owner. Permission is granted to download one copy of the materials on this Site on a single computer for your personal or internal business use only provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.
This permission terminates immediately if you breach this Agreement. You may not 'mirror' any material contained on this Site without Digital Health Protect express written permission. Any unauthorized use of the materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on this Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of Digital Health Protect or its licensors and are protected by the U.S. and international copyright laws. All rights not expressly granted are reserved.
'Cookies' and Other Online Information
Subject to the terms of any Digital Health Protect privacy notice, you agree that Digital Health Protect may collect information from you online through its Internet website(s) based on the following guidelines:
- A cookie is a small text file saved on your computer's hard drive and stored in its memory while your browser is running. Cookies make it easier for a user to navigate the Web, and to complete transactions over the Internet. Usage of a cookie is in no way linked to any personally identifiable information while on our site. FidelityLife.com may contract with certain partners that utilize ad-serving technology. To gauge the effectiveness of advertisements, a campaign number is assigned to the vendor for which you came to visit our site. This will remain on your URL when you return to our site.
- Similar to many of our partners, we do use Google Analytics on our website. By using those data analytics tools, it helps us better understand how you and other visitors engage with our digital solutions, your search requests, and preferred content, etc. This gives us insights to improve your online experience, improve products or services and more. In using Google Analytics, we certify compliance with all applicable laws, policies, and regulations relating to the collection of information. For more information about the Google Analytics technology, please click here to visit Google's web page - "How Google uses data when you use our partners' sites or apps." (Please understand that since we do not manage the cookies use or your activity on a partner website, we recommend that if you are curious about their respective online data gathering policies, you may want to confirm what they are directly from them or on their websites.)
- Digital Health Protect may make use of 'cookies' and/or 'web bugs' to enable it to store information and prepare customized pages or other personalized aspects of its services.
- Digital Health Protect reserves the right to reveal any Registration Data or other information in its possession regarding users of its services in cooperation with a request or investigation by any governmental body or governmental agency.
- You may elect to disable cookies in your browser. Please refer to your computer or operating system user manual for information on how to disable cookies.
Trademarks
The trademarks, service marks and logos (the 'Trademarks') used and displayed on this Site are registered and unregistered trademarks of Digital Health Protect. Other trademarks, service marks, and trade names may be owned by others. Nothing on this Site should be construed as granting, by implication, any license or right to use any trademark or any other Digital Health Protect intellectual property displayed on this Site. Digital Health Protect aggressively enforces its intellectual property rights to the fullest extent of the law. The name Digital Health Protect or any other Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from Digital Health Protect. Digital Health Protect also prohibits the use of Digital Health Protect or any other Trademark as part of a link to or from any site unless establishment of such a link is approved in advance by Digital Health Protect in writing.
User Postings
You acknowledge and agree that Digital Health Protect shall own and have the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post or otherwise publish on this Site ("Submissions"), except for any personally identifiable information. You hereby waive any and all claims against Digital Health Protect for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with Digital Health Protect use and publication of such Submissions. This means that anything submitted by you to this Site will be owned by Digital Health Protect and may be used by Digital Health Protect for any purpose, now or in the future, without any payment to, or further authorization by you, unless otherwise provided in applicable law. In the event Digital Health Protect ownership of such Submissions is successfully contested, you automatically grant Digital Health Protect a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes.
Digital Health Protect does not represent or endorse the accuracy or reliability of any Submissions displayed, uploaded, posted on any message board, or otherwise distributed through this Site by any user of this Site, information provider or any other third party. Digital Health Protect expressly disclaims any and all liability related to Submissions, and you acknowledge that any reliance upon such Submissions shall be at your sole risk. You covenant that you shall not post or otherwise publish on the Site any materials that: (i) are threatening, libelous, defamatory, or obscene; (ii) would constitute, or that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; (iii) infringe the intellectual property, privacy, or other rights of any third parties; (iv) contain a computer virus or other destructive element; (v) contain advertising; or (vi) constitute or contain false or misleading statements. Digital Health Protect in its sole discretion reserves the right to refuse to post and the right to remove any information or Submission from this Site, in whole or in part, for any reason.
No Services, Endorsement or Professional Consultation
There may be delays, omissions or inaccuracies in information obtained through your use of this Site. This information is provided to you with the understanding that Digital Health Protect provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services. Information on this Site should not be relied upon for making business, investment or other decisions or used as a substitute for consultation with professional advisors. Moreover, Digital Health Protect does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded or distributed through this Site by Digital Health Protect, any user, information provider or any other person or entity. You acknowledge that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option and risk. Moreover, Digital Health Protect does not grant any license or other authorization to you to use this Site in any manner if such use in whole or in part suggests that Digital Health Protect promotes or endorses any third party's causes, ideas, political campaigns, political views, websites, products or services.
Access to This Site
Digital Health Protect may alter, suspend or discontinue this Site or your access to use this Site at any time for any reason without notice or liability to you or any third party. This Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to the user's systems or operations. The user shall be solely responsible for ensuring that any information or content obtained from this Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage the user's systems, software or data.
Disclaimer of Warranties
The site and all materials thereon are distributed on an "as is" basis without warranties of any kind. To the fullest extent permissible under applicable law, Digital Health Protect disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Specifically, but without limitation, Digital Health Protect does not warrant that: (1) the information on this site is correct, accurate or reliable; (2) the functions contained on this site will be uninterrupted or error-free, or (3) defects will be corrected, or that this site or the server that makes them available are free of viruses or other harmful components.
You hereby acknowledge that use of the site is at your sole risk. If you are a California resident, you hereby waive California civil code section 1542 which provides: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Limitation of Liability
Under no circumstances shall Digital Health Protect or any of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, attorneys and their respective heirs, successors and assigns be liable for any damages, including direct, incidental, punitive, special, consequential or exemplary damages that directly or indirectly result from the use of, or the inability to use, this site or the information contained on this site or obtained from your use of this site, including for viruses alleged to have been obtained from the site, even if Digital Health Protect has been advised of the possibility of such damages.
In no event shall Digital Health Protect or any of its predecessors', successors', parents', subsidiaries', affiliates', officers', directors', shareholders', investors', employees', agents', representatives' and attorneys' and their respective heirs', successors' and assigns' total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence) or otherwise exceed $1. Some jurisdictions may not allow the exclusion of implied warranties in which case some of the above exclusions may not apply to all users.
You hereby acknowledge that the preceding limitation on liability will apply to all content and services available through the Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability of (b) USD $100.
LEGAL DISPUTES
YOU AND Digital Health Protect AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any dispute between you and Digital Health Protect its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, "Digital Health Protect") arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. Digital Health Protect will provide such notice by email to your e-mail address on file with Digital Health Protect and you must provide such notice by email.
Any Covered Disputes you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. You and we agree that any arbitration you initiate, you will pay the fees (ie., filing, hearing, hearing room, abeyance) and you and us will split the arbitrator's compensation and expenses. For any arbitration initiated by us, we will pay the fees (ie., filing, hearing, hearing room, abeyance) and you and us will split the arbitrator's compensation and expenses. The arbitration shall be held in Chicago, IL. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator's award shall be final and binding. The courts of the State of Illinois and/or the United States District Court for the Northern District of Illinois shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. Digital Health Protect reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision's restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for the Northern District of Illinois or any State of court located in Cook County, Illinois.
If any portion of this section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms of Use; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable."
GOVERNING LAW These Terms of Use and all matters regarding your use of the Site shall be governed by, construed in accordance with, and enforced under the laws of the State of applicable to contracts made and executed and wholly performed in the State of Illinois, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.
Indemnification
You hereby indemnify, defend, and hold harmless Digital Health Protect and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys and their respective heirs, successors and assigns (collectively, the 'Indemnified Parties') from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim. Digital Health Protect reserves the right, at its own expenses, to assume the exclusive defense and control of any matter subject to indemnification by you.
Entire Agreement
This Agreement constitutes the entire agreement between you and Digital Health Protect with respect to the subject matter of this Agreement and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Digital Health Protect.
Last updated: December 2023