RELEVATE HEALTH GROUP, LLC TERMS OF USE

Effective Date: April 7, 2023

These Terms of Use (“Terms of Use”) apply to you when you view, access, or otherwise use the website located at www.relevatehealth.com and other websites, applications, and digital services (collectively, the “Sites”) of Relevate Health Group, LLC and its affiliates, subsidiaries, and divisions (collectively, “Relevate”). “You” refers to you, as a user of the Sites. By accessing or using the Sites, you are acknowledging that you are the age of consent in your location or you have the consent of a legal parent or guardian, and that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms of Use. If you do not agree with these Terms of Use, you do not have the right to access or otherwise use the Sites and, accordingly, you should not do so.

Please read these Terms of Use carefully before accessing or using any part of the Sites. By accessing or using the Sites, you agree that you have read, understand, and agree to be bound by these Terms of Use, as amended from time to time, as well as the Relevate Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of these Sites. Relevate may revise and update these Terms of Use at any time by posting the amended terms to these Sites. Your continued use of the Sites means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with these Sites, your sole and exclusive remedy is to discontinue using these Sites.

I. USE OF THE SITES

Limitations on Use

Subject to these Terms of Use, Relevate grants you a nonexclusive, nontransferable, limited right to access and use the Sites and the Content (defined below), subject to the following:

You will not upload to or transmit on the Sites any defamatory, indecent, obscene, harassing, violent, or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner;
You will not use the Sites to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction;
You will not intercept or attempt to intercept electronic mail not intended for you;
You will not misrepresent an affiliation with any person or organization;
You will not upload to or transmit on the Sites any advertisements or solicitations of business;
You will not restrict or inhibit use of the Sites by others;
You will not upload or otherwise transmit files that contain a virus or corrupted data;
You will not collect information about others (including email addresses) without their consent;
You will not download a file or software or include in a message any software, files, or links that you know, or have reason to believe, cannot be distributed legally over the Sites or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Sites);
You will not post “spam,” transmit chain letters, or engage in other similar activities; or
You will not engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by Relevate, may harm Relevate or users of the Sites or expose them to liability.

Transmitting Materials on the Sites

Any content and/or opinions uploaded, expressed, or submitted to a message board, chatroom, or any other publicly available section of the Sites (including password-protected areas), and all articles and responses to questions, other than the content provided by Relevate, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Relevate. You understand and acknowledge that you are responsible for whatever content you submit, and you, not Relevate, have full responsibility for such content, including its legality, reliability, and appropriateness. By uploading or otherwise transmitting material to any area of the Sites, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Sites. You grant to Relevate the right to use all content you upload or otherwise transmit to the Sites in any manner Relevate chooses, including, but not limited to, copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material, or making a derivative work based on it.
Relevate reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Sites which Relevate, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Relevate has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user’s access to all or part of the Sites. However, Relevate can neither review all material before it is posted on the Sites nor ensure prompt removal of objectionable material after it has been posted. Relevate reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request. Accordingly, Relevate assumes no liability for any action or inaction regarding transmissions, communications, or content provided by third parties. Relevate reserves the right to take any action it deems necessary to protect the personal safety of users of these Sites and the public; however, Relevate has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to the Sites and may expose you to civil and/or criminal liability.

II. INTELLECTUAL PROPERTY

Ownership and Copyright Protection

The entire contents of these Sites (including all information, displays, page headers, illustrations, graphics, photographs, audio clips, video clips, text, artwork, images, software, and HTML code) and the design, selection, and arrangement thereof (collectedly “Content”) are proprietary to Relevate or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets, and other proprietary rights. You are authorized only to use the Content for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of Relevate. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit, or distribute any of the Content on the Sites without the prior written consent of Relevate, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Sites; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any Content in these Sites is transferred to you, but remain with Relevate or the applicable owner of such Content. Except as expressly authorized by Relevate in writing, you may not reproduce, sell, or exploit for any commercial purposes (x) any part of these Sites, (y) access to these Sites, or (z) use of these Sites or of any services or materials available through these Sites.

Trademarks

The terms “Relevate,” “Relevate Health,” and their corresponding logos and all related product and service names, designs, and slogans are trademarks of Relevate. You may not use such marks without Relevate’s prior written permission. All other names, brands, and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.

DMCA Policy

Relevate respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, Relevate will respond expeditiously to claims of copyright infringement committed using the Sites if such claims are reported to Relevate’s Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to Relevate’s Designated Copyright Agent. Upon receipt of Notice as described below, Relevate will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Sites.

DMCA Notice of Alleged Infringement

If you believe in good faith that any Content appearing on the Sites infringes your copyright, you may send Relevate a notice that the infringing content should be removed or access to it blocked. The notice must include the following information, as required by The Digital Millennium Copyright Act of 1998, ("DMCA") 17 U.S.C. Sec. 512:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Sites are covered by a single notification, a representative list of such works);
Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to allow the Relevate to locate the material;
The name, address, telephone number, and email address (if available) of the complaining party;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Also, be aware that there may be penalties for false claims under the DMCA.

The Relevate copyright agent may be reached at:
Relevate Health
Attn: Legal
4270 Ivy Pointe Boulevard, Suite 220
Cincinnati, OH 45245

III. PRIVACY POLICY

In addition to these Terms of Use, your use of and access to the Sites is also subject to Relevate’s Privacy Policy. Relevate’s Privacy Policy contains additional terms relating to the potential collection, use, and disclosure of your personal information. You agree that you have read, understand, and accept Relevate’s complete Privacy Policy available here.

IV. DISCLAIMERS AND LIABILITY

Disclaimer of Warranties

THE SITES, THE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THESE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. NEITHER RELEVATE NOR ANY PERSON ASSOCIATED WITH RELEVATE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER RELEVATE NOR ANYONE ASSOCIATED WITH RELEVATE WARRANTS OR REPRESENTS THAT THE SITES, THE CONTENT, OR THE SERVICES PROVIDED ON OR THROUGH THESE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT RELEVATE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. RELEVATE DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IN NO EVENT WILL RELEVATE OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITES, THE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THESE SITES, OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY RELEVATE AND WHETHER OR NOT RELEVATE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Limitation of Liability

RELEVATE SHALL NOT BE LIABLE TO YOU FOR PERSONAL INJURY, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL, OR LOST PROFITS) UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE, EVEN IF RELEVATE HAS BEEN ADVISED OF THE RISK OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES AND/OR CONTENT IS TO CEASE ALL OF YOUR USE OF THE SITES.

Indemnification; Waiver of Certain Actions

You agree to indemnify and hold harmless Relevate and its officers, directors, employees, agents, affiliates, third-party information providers, licensors and others involved in the Sites or the delivery of products, services or information over the Sites, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of these Terms of Use or your use of the Sites or any products, services or information obtained from these Sites.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION SUIT AGAINST RELEVATE IN CONNECTION WITH YOUR USE OF THE SITES.

V. COMMENTS AND SUBMISSIONS

Relevate welcomes your comments. All comments, suggestions, or other information sent by you to these Sites for internal use by Relevate or its advertisers or business partners, or in response to solicitations on these Sites, will become Relevate’s property, and you agree that all intellectual property rights therein are transferred to Relevate. You understand that any postings to publicly available portions of the Sites are non-confidential for all purposes.

VI. LINKS TO OTHER SITES

The Sites may contain links to other websites on the Internet. Relevate is not responsible for and does not endorse the content, products, or services of any third-party websites, including, without limitation, sites framed within the Sites or third-party advertisements, and does not make any representations regarding their quality, content, or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.

VII. MISCELLANEOUS

These Terms of Use will be governed in all respects by and construed in accordance with the laws of the State of Ohio, USA, without regard to its conflicts of law principles. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and Relevate with respect to the Sites, and no other terms that may have been communicated to you orally or in any other manner will have any force or effect. Any cause of action you may have with respect to the Sites must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Sites will be in the state or federal courts located in Ohio. You agree to submit to the jurisdiction of such courts.

VIII. CONTACT US

If you have any questions, comments, or concerns about these Terms of Use and/or the Sites, please send an email to [email protected]. However, please note that communications made to that address or through the Sites' email and messaging systems shall not be deemed to constitute legal notice to Relevate or any of its officers, employees, agents, or representatives in any situation where notice to Relevate is required by contract or any law or regulation. The Sites are © 2024 Relevate Health Group, LLC. All rights reserved.