iHelpWellness Terms of Service

Last updated October 22, 2007.

 

THANK YOU FOR CHOOSING THE iHelpWellness Service.

 

1.      Introductions

Bright Tiger Enterprises, LLC welcomes you.  Bright Tiger Enterprises, LLC (hereinafter “BTE”) is the owner and operator of the iHelpWellness service (hereinafter “IHW Service”).  Sometimes BTE is referred to as “we” or “us” or “our”.  BTE offers a service through the iHelpWellness Website (hereinafter “IHW Website”and software application that is subject to the limitation of these Terms of Service (hereinafter “ToS”).  The Terms of Service may be updated from time to time with or without notice to you.

 

2.      Acceptance of Terms

Before you may use the IHW Website, subscribe to the IHW Service, or participate in any IHW Service, you must read and agree to all the terms and conditions in, and linked to, these Terms of Services and the iHelpWellness Privacy Notice.  It is your responsibility to review these Terms of Services every time you use the IHW Website.  By using or viewing any portion of the IHW Website or IHW Service, you acknowledge that you have read these Terms of Service and that these Terms of Service are binding upon you.  The ToS are available for review from any page on the IHW Website. 

 

IF YOU DO NOT AGREE TO THE TERMS OF SERVICE SET FORTH HERE, PLEASE DO NOT USE THIS WEB SITE OR ANY PORTION OF THE IHELPWELLNESS SERVICE APPLICATION INCLUDING, BUT NOT LIMITED TO, PARTICIPATION IN SCHEDULED IHW COURSES.

 

Please be advised that BTE does not provide warranties for the IHW Service as defined in section 3. of the Terms of Service.  We recommend that as you read through the ToS, that you also access and read the linked information.

 

3.      Description of Services

Bright Tiger Enterprises, LLC offers services including, but not limited to, all IHW Website resources and access to the iHelpWellness subscription application including, but not limited to, participation in iHelpWellness courses.  

 

The IHW Website resources are made available for use by Account Subscribers and the general public who may view the website.

 

The IHW Service is an internet subscription application designed to offer additional structure and support to individuals desiring to integrate wellness behaviors into their daily lives.

 

The IHW Courses are topic specific information packages that promote development of wellness habits.  IHW Courses are part of the IHW Service.

 

4.      Use of IHW Services Obligations

In consideration of your use of the IHW Service, you represent that you are not barred from forming a binding contract under the laws of the United States or other applicable jurisdictions and that you are of legal age to form a binding contract.  You also agree to:

a.       provide true, accurate, current, and complete information about yourself as prompted by the subscription information form (“subscription data”), and,

b.      promptly update the subscription data to keep it true, accurate, current, and complete. 

If you provide any information that is untrue, inaccurate, not current, or incomplete, or BTE has reasonable grounds to suspect that information is untrue, inaccurate, or incomplete, BTE reserves the right to immediately suspend or terminate your account and refuse any and all current or future use of the IHW Service, with or without notice to you.

You understand that all information, data, text, iHelpWellness course input, and other materials (“Content”) provided on the IHW Website and through the IHW Service, including but not limited to IHW courses, quizzes, assessments, and advertisements, is for informational, educational, and convenience purposes only and should not be treated as medical, psychiatric, psychological, or behavioral advice.

You understand that all Content, whether publicly posted, transmitted within a IHW course, or privately transmitted, are the sole responsibility of the person from whom such Content originated.  This means you, and not BTE, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the IHW Service.  BTE is not responsible and disclaims any liability, and you agree to release BTE from any liability in conjunction with or arising out of any Content you upload, post, email, transmit or otherwise make available via the IHW Service to the fullest extent allowed by law.

 

You acknowledge that BTE does not routinely monitor any posted or transmitted Content.  In regard to such, you agree that you must evaluate, and bear all risks associated with the use of any Content, including reliance on the accuracy, completeness, or usefulness of such Content.  Without limiting the foregoing, BTE shall have the right (but not the obligation) to remove any Content that violates the ToS or is otherwise objectionable with or without notice to you. 

 

You understand and acknowledge that by using the IHW Service, you may be exposed to Content that is offensive, indecent, objectionable, or clinically inappropriate.  To the fullest extent allowed by law, BTE is not liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, contained as part of a IHW course, transmitted, or otherwise made available via the IHW Service.

 

You agree not to use the IHW Service to:

a)      harm, stalk, or otherwise harass anyone in any way;

b)      break any law;

c)      impersonate any person or entity or misrepresent your affiliation with a person or entity;

d)      distribute viruses or any other technology that may harm BTE, or the interests IHW Service Account Subscribers, IHW course participants, or any other persons visiting the IHW Website;

e)      harvest or otherwise collect information about Account Subscribers, IHW course participants or any other persons visiting the IHW Website without their consent (including, but not limited to, e-mail addresses);

f)        copy, modify or distribute content from the IHW Website or Service and BTE’s copyrights and trademarks;

g)      circumvent or manipulate our fee structure, the billing process, or fees owed to BTE;

h)      transfer your iHelpWellness Subscriber Account and User ID to another party without our express written consent;

 

You understand that the IHW Service and software embodied within the IHW Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by BTE and/or content providers who provide content to the IHW Service.  You may not attempt to override or circumvent any of the usage rules embedded into the IHW Service.  Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the IHW Service, in whole or in part, is strictly prohibited.

 

5.      No Health Care or Professional Advice

You acknowledge and agree that BTE, the IHW Website, and the IHW Service under no circumstances engage in medical or professional advice.  You also acknowledge and agree that no Content available through the IHW Website or Service should be interpreted as health care, medical, or professional advice.  Always seek the advice of your physician or other qualified professional who is appropriately trained and licensed to answer your questions or when seeking treatment for any medical condition. 

 

The IHW subscription service is an informational and educational self-help resource.  As such, use of any IHW Service is the sole responsibility of the Account Subscriber.  Under no circumstances is BTE responsible or liable, directly or indirectly, for any damage, or loss caused or alleged to be caused by use or misuse of the IHW Service including, but not limited to use of IHW courses, quizzes, assessment, or the IHW Website.

 

 

6.      Submissions

Any message/forum postings, ideas, suggestions, concepts, or other Content submitted to BTE will become property of BTE throughout the world and BTE shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised.  When you transmit or submit Content to us via the website, email, hardcopy, or in any other type of medium, you agree that BTE has the right to publish the material for any type of use as outlined above including promotional and advertising purposes.

 

7.      Linked Sites

BTE provides, through the IHW Website and Service, links to other World Wide Web sites.  Some links are dynamically created, such as the Google Advertisements on the right hand side of the IHW Website.  BTE has no control over these sites or the dynamic links displayed to the external websites.  You agree that BTE cannot and is not responsible for the availability of such external sites nor is BTE responsible or liable for any content, advertising, products or other materials on or available from such sites.  Links to these sites are provided for your convenience only and you agree that you access them at your own risk.  Furthermore, you agree that BTE is not responsible or liable, directly or indirectly, for any damage, or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available from any such site.

 

8.      Indemnity

You agree to defend, indemnify and hold BTE, it’s managing members, directors, employees, agents, partners, affiliates, and suppliers, harmless from any claims, demands, liabilities, or settlements including reasonable attorney’s fees and accounting fees resulting from, or alleged to result from, Content you submit, post, transmit or make available through the IHW Service, your use of the IHW Service including participation in IHW Courses, your connection to the IHW Service, your use of the IHW Website, your violation or alleged violation these Terms of Service, your violation of any rights of another person using the IHW Service, or your violation of any International, Federal, State or local law or ordinance.

 

9.      No Warranties

You agree that your use of the IHW Service is at your sole risk.  The Content and materials on this site are provided “as is”, “as available”, and without warranties of any kind either express or implied.  To the fullest extent permissible pursuant to applicable law, BTE disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.  BTE does not warrant that the functions contained in the Content or materials will be uninterrupted or error free, that defects will be corrected, or that the IHW website or server that makes them available are free of viruses or other harmful components.  BTE does not warrant or make representation regarding the use or results of the use of the Content or materials on or within IHW Service in terms of their quality, adequacy, correctness, clinical appropriateness, accuracy, reliability or otherwise.

 

While BTE has taken measures to safeguard and protect the information you share with us.  BTE does not warrant that our systems are immune to all forms of attack by third parties seeking to penetrate our security and privacy measures.  You agree, acknowledge and understand that you are responsible for implementing sufficient procedures for accuracy of Content input or output, and protection from malicious or damaging computer software on your own computer systems.

 

You agree, acknowledge and understand that any information transmitted to or by the IHW Service will be transmitted over the internet which is controlled and operated by third-party local exchange and long-distance carriers, utilities, internet service providers and others, all of which are beyond the control or responsibility of BTE.  Accordingly, BTE assumes no liability for or relating to the delay, failure, interruption, interception, or corruption of any Content or other information transmitted to or by IHW Service or IHW website.  Furthermore, you agree to hold harmless and release BTE from any or all liability relating to the delay, failure, interruption, interception, or corruption of any Content or other information transmitted to or by IHW Service.

 

10.  Limitation of Liability

You expressly understand that under no circumstance shall BTE be liable for any lost profits or any special, incidental, or consequential damages including but not limited to health problems mental or otherwise and damages arising from lost data or business interruptions arising out of OR in connection with YOUR USE OF THE IHW Service. 

 

11.  Payment of Subscription Services

You agree to the terms within the iHelpWellness Financial Policy including but not limited to the right for BTE to terminate services for unpaid account balances as well as the right of BTE to pursue settlement of unpaid account balances through any available legal recourse.

 

12.  Modification of Services

BTE reserves the right at any time to modify, suspend, or discontinue the IHW Service (or any part thereof) with or without prior notice.  You agree that BTE shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the IHW Service regardless of reason.

 

13.  Interstate Communications Network

When you use IHW Service to send electronic communication (including but not limited to registration, participating in IHW courses, posting comments on the IHW Business Blog, and other internet activities), you will be causing communications to be sent through the internet.  As a result, and as a result of the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission.  Accordingly, be agreeing to this ToS, you acknowledge that use of the IHW Service may result in interstate data transmissions.

 

14.  Cancellation of IHW Service

You agree, acknowledge and understand that BTE may, under certain circumstances and without prior notice, immediately terminate your IHW subscription account or use of IHW Service.  Cause for such termination shall include, but not be limited to, breaches or violations of the ToS, requests by law enforcement or other government agencies, discontinuance or material modification to the IHW Service, unexpected technical or security issues or problems, engagement by you in fraudulent or illegal activities, nonpayment of any fees owed by you in connection with the IHW Service as explained in the iHelpWellnessFinancial Policy, or your choice to terminate your account with the IHW Service.

 

 

15.  Jurisdiction

The IHW Service is owned and operated by BTE from it’s principle office in the state of Kansas, United States of America.  BTE makes no representation that the IHW Service or materials contained within the IHW Service are appropriate or available for use in other locations.  Those who choose to subscribe to, register with, or use any IHW Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. By using the IHW Service and IHW website you agree that these Terms of Service shall be construed and governed under the laws of the State of Kansas.  By using the IHW Service, you further agree to submit to personal jurisdiction in the State of Kansas.

 

16.  Trademarks

The iHelpWellness logo, Walk-With Learning, and Walk-With Assistant logo are trademarks or registered trademarks of BTE and are protected by state and federal trademark laws.  You agree not to display or use in any manner the BTE marks without BTE’s express written prior permission.

 

17.  Copyright and Proprietary Rights

All materials contained on or within the IHW Service including all Content, software, HTML code, Java applets, Active X controls, and other code is protected by United States and foreign copyright laws.  You agree not to copy, modify, rent lease, loan, sell, distribute, display, or create derivative works based on IHW Service or software in whole or in part without express written consent from BTE.  You agree that not to copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code.  Requests to reproduce materials contained on or within the IHW Service should be sent to legal@ihelpwellness.com.  Violations of this provision may result in severe civil and criminal penalties.

 

18.  Waiver and Severability of Terms

The failure of BTE to exercise or enforce any right or provision of the ToS shall not constitute a waiver of such right or provision.  If any provision of the ToS is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of the ToS remain in full force and effect.

 

19.  Notices

BTE may deliver notice to you under these Terms of Service by means of email, posting of notice on the IHW Website, or by written communication delivered to your address on BTE records from subscription information.  You may give notice to BTE at any time via letter delivered by first class postage prepared U.S. mail or overnight courier to the following address.

 

Bright Tiger Enterprises, LLC

c/o Adam Powell

319 SW Quinton

Topeka, KS 66606

 

20.  Complete Agreement

 

By using any IHW Service you agree and acknowledge that the combined Terms of Service, Financial Policy, and General Privacy Policy constitute the terms and agreements between you and BTE and supersede all prior and contemporaneous understandings or agreements between you and BTE.