Terms of Use

Your access to and use of this website (“Website”) is subject to the following Terms of Use. Please read these Terms of Use carefully before accessing or using the Website, so you fully understand your rights and responsibilities. All pages with the Website and any information, material, content, or services made available on or through the Website are provided subject to your agreement with the terms and conditions set forth below. Your use of the Website will indicate your agreement to these Terms of Use. Further, your use of other products or services provided by Actualize Health, including any mobile applications, may be subject to separate terms and conditions.

Changes to Terms of Use

Actualize Health reserves the right to modify or amend these Terms of Use at any time. All changes will be effective immediately upon their posting. By accessing the Website following the posting of changes to the Terms of Use, you agree to all such changes.

Website Content

Although Actualize Health attempts to ensure the integrity and accuracy of the content on the Website, it makes no guarantees whatsoever as to the correctness or accuracy of such content. It is possible that the Website and its content could include inaccuracies or errors, and third parties could make unauthorized additions, deletions, and alterations to the Website.
Actualize Health does not make any warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness, or suitability of the Website or any content or information contained within it.
Website content may be changed or updated without notice. Actualize Health reserves the right to modify Website content without any obligation to notify past, current or prospective Website users.

Use Restrictions

You may view material from the Website for your own personal use or the internal use of your business. You may not download, reproduce or otherwise distribute any materials on this Website without our prior express written consent and/or the consent of any third-party copyright owner.
Any rights that are not expressly granted by these Terms of Use or any applicable end-user license agreements are reserved by Actualize Health.
You may not use this Website or its content for any purpose prohibited or restricted by law or in violation of these Terms of Use.
You may not misrepresent your identity or provide us with any false information in any information-collection portion of this Website, such as a registration or application page.
You may not take any action intended to interfere with the operation of this Website.
This Website is not intended for children under the age of 13. You represent and warrant that you are at least 13 years of age, and that if you are between 13 and 18 years of age a parent and/or guardian agrees to these Terms of Use on your behalf.

Intellectual Property Rights

The Website and its content is the property of Actualize Health, its affiliates or its third-party sources and vendors. The Website and its content are protected by federal and international copyright and trademark laws. Actualize Health logos are trademarks and service marks of Actualize Health. All other trademarks, service marks and logos used on this Website are the trademarks, service marks or logos of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to Actualize Health or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.

No Warranty

Actualize Health cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Actualize Health cannot and does not guarantee or warrant that this Website will be free of infection by viruses, worms, trojan horses or other malicious code. Actualize Health does not warrant or guarantee that the functions or services performed in the Website will be uninterrupted or error-free or that defects in the Website will be corrected.
This Website is provided “as is,” with all faults, with no representations or warranties of any kind, either expressed or implied, and disclaims all such warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement and all warranties arising from a course of dealing or usage in trade.
Actualize Health makes no warranty or representation regarding the results that may be obtained from use of this Website, or use of material, information or data downloaded or otherwise obtained from this Website, or regarding the accuracy or reliability of any information obtained from this Website. Actualize Health does not have any responsibility for the timeliness, deletion, misdelivery or failure to store any user communication.
You assume total responsibility and risk for your access or use of the internet and this website. You acknowledge and agree:
(1) That your use of this Website and any material, information or data downloaded or otherwise obtained through the use of this Website is at your own discretion and risk.
(2) That you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred.
No advice or information, whether oral or written, obtained by you from Actualize Health or in any other manner from this Website creates any warranty.

Limitations of Liability

Neither Actualize Health, its affiliates, nor their respective officers, directors, employees or agents are responsible or liable to you under any theory of liability or indemnity in connection with your access or use of the Website or any of its content or services. Without limiting the generality of the foregoing, to the extent permitted by applicable law, Actualize Health shall not be liable for any consequential, indirect, incidental or punitive damages, and Actualize Health’s total liability for direct damages arising from your use of the Website shall be limited to $100.00.

Indemnification

You agree to indemnify, defend and hold harmless Actualize Health, its affiliates and their respective officers, directors, employees and agents from and against all losses, expenses, liabilities, damages and costs, including without limitation reasonable attorney fees, resulting from or arising from any use of the Website or its content or any violation of these Terms of Use.

Privacy Policy

Use of this Website is also governed by the terms of the Actualize Health Privacy Policy, which are incorporated into these Terms of Use by this reference.

Third-Party Sites

Actualize Health has no liability for any third-party website that you may access through this Website. When you access a third-party website, please understand that it is independent from Actualize Health and that Actualize Health has no control over the website or its content.
In addition, Actualize Health does not endorse any third party whose website may be linked from this Website. Actualize Health does not and cannot ensure that the propriety, security or accuracy of any third-party website and we encourage you to review the posted policies of any website that you visit.