Terms of Service
Last Updated: January 1, 2014
At Zensey, we are committed to helping you live your best. We understand the importance of healthy lifestyles for you and the ones you love. Our company is here to encourage you to set goals, understand your healthcare options, and, above all, be an informed healthcare consumer. We want you to have resources to track your own health conditions and reach out to people who can both understand and support you and your needs.
Zensey is committed to bringing you a wealth of information on health conditions, and a wide array of tools and online communities that will allow you to share your health experiences and your personal knowledge and gain access to information provided by others. But you know, nobody's perfect. While we attempt to ensure the accuracy of the information provided on the Zensey website (the "Site"), we cannot guarantee that it is always correct or up-to-date. Also, we are not responsible for communications posted by others in Public Areas of the Site. The Site and Services provided by Zensey are designed for educational and entertainment purposes only. Please do not rely on this Site or Services to make lifestyle, provider or medical decisions. These decisions are personal to you and should be made in consultation with your individual healthcare providers. Zensey does not dispense medical, diagnosis or treatment advice.
As in all relationships, there are rules. There are things that you can and can't do, things we do and don't do and promises we make and those you make to us. We have captured them in these terms of service ("Terms of Service"), which governs your use of this Site, both as a visitor and a registered user. Please read them carefully.
This is a legally binding agreement between you and <Audax Health Solutions, Inc.> ("we", "us" or "our"). We also refer to ourselves in these Terms of Service as "Zensey" (one of our premier brand names). Any references to "you" or "your" in these Terms of Service will mean the person (whether an individual or entity) using this Site. BY USING THE SITE OR ANY OF THE SERVICES, OR BY REGISTERING AS A MEMBER OF THIS SITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU ARE NOT AUTHORIZED TO USE THIS SITE IN ANY WAY.
Services and Additional Terms. All tools, features, functionality and services made available by us on this Site or through any of our mobile applications are referred to as "the Services" (and individually as a "Service") in these Terms of Service. Some Services may be subject to additional guidelines, rules, or terms ("Additional Terms") that appear within these Terms of Service, on the Site and/or within the relevant Service. For example, sweepstakes, rewards points or other contests of skill made available on the Site or through the Services are subject to terms located at Sweepstakes Rules. Mobile applications we make available may also be governed by specific terms distributed with such applications. If there is any conflict between the Terms of Service and the Additional Terms for any Service, the Additional Terms will control with respect to that Service (but all other provisions in the Terms of Service that are not in conflict will apply). All applicable Additional Terms are incorporated herein by reference.
We Do Not Provide Medical Advice; Talk with your Doctor. ZENSEY DOES NOT DISPENSE MEDICAL, DIAGNOSIS OR TREATMENT ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE INFORMATION AND SERVICES MADE AVAILABLE ON THIS SITE ARE FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND ARE NOT (AND SHOULD NOT BE USED AS) A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, TREATMENT OR DIAGNOSIS. You should not rely on this Site or any Services to make lifestyle, medical or healthcare provider decisions. These decisions are personal to you and should only be made in consultation with your healthcare providers. Always seek advice of a qualified medical provider with any questions you may have about your health and before undertaking or changing an exercise regimen, diet, or course of medical treatment, or engaging in any physical activity or diet related to the games, challenges, or other tools or features available through the Services. Nothing stated or posted on this Site or available through any Services is intended or should be taken to be the practice of medical or counseling care. For purposes of these Terms of Service, the practice of medical or counseling care includes, without limitation, psychiatry, psychology, psychotherapy, or providing healthcare treatment, instructions, diagnosis, prognosis or advice.
No Physician-Patient Relationship is Established. Your use of this Site does not create in any way a physician-patient relationship, any sort of confidential relationship, or any other relationship that would give rise to any duties on our part. We do not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Site. If you rely on any of the information provided by this Site, its employees, or its guests or visitors, you do so solely at your own risk.
Minimum Age Requirement. Unless otherwise indicated in these Terms of Service, this Site and the Services are not intended or designed to be used by children under the age of 13. You may not use the Site or Services if you are under the age of 13.
Registration as a Member. Certain areas and features of our Site may only be available to registered members. In order to register as a member, you'll need to provide some basic information to us about yourself, such as your name, email address and date of birth, and answer a few required questions so that we can personalize your experience. You can opt out of the survey after the initial required questions, but can complete the survey at any time. If you complete the survey, you will have an enhanced experience on the Site. The survey is considered complete when you answer all the survey questions we ask you. Also, during registration you'll need to provide an email address and password (your "User ID"), and select a display name that will be your "nickname" on the Site. Please be careful when selecting your nickname as it will appear when you post on the Site or Services, and may appear in connection with your use of our mobile applications, and if the nickname is personally identifiable, you may end up publicly disclosing personal information about yourself to the world. These are your credentials for accessing members-only portions of the Site and Services. You agree we have the right to disable and/or delete any nicknames for any reason in our sole discretion. You are responsible for protecting your User ID. If your User ID or other activation codes you use with this Site or the Services are compromised, you agree to immediately inform Zensey. You agree to keep your contact information with us accurate and up-to-date at all times. You must be legally competent to enter into contracts to register with our Site.
Games, Challenges, and Rewards; Please be Careful. Through the Services, you may have the opportunity to participate in various challenges, games and goal-setting activities, and to earn "rewards" or "coins" for achieving certain goals or completing certain challenges. If you think you might be unable to meet a goal or a challenge in Zensey, you might qualify for an opportunity to earn the same reward or "coins" offered by the goal or challenge by different means. Email firstname.lastname@example.org with your username, health plan sponsor, and health plan ID number. As mentioned above, please talk with your doctor before engaging in any physical activity or diet related to the tools or features of the Services. Also, please use caution when you are engaging in any activities related to the Services, such as walking, running or biking. We want you to be safe as you work to achieve your goals, and that means watching out for dangerous situations that could arise, such as vehicular traffic, other runners, other bikers, obstacles, etc. You are using any of the tools and features of our Services at your own risk, and you agree that we are not liable for any injury you may sustain by engaging in any activity using the tools or features of our Services.
It is your responsibility to safeguard the devices you use to access the Site or any Services (such as laptops and mobile devices), and to use appropriate security settings on those devices. If those devices are lost, stolen or misplaced, others may be able to access your account and your personal information using those devices. You agree that we are not responsible for any harm that may result from someone accessing your account or personal information on a lost, stolen or misplaced device.
Public Areas of the Site; Content of Others. The Site and Services may contain areas that are viewable by others and/or can be used by others to post information or other content (such as the public, others who have registered and provided information about themselves or their conditions, and/or those who have opted-in to participating in online discussions, games, reviews and posts) (the "Public Areas"). You are solely responsible for your own communications and any reliance on communications contained in Public Areas. You agree to only post content or materials that comply with these Terms of Service. You agree that Zensey, its employees, officers, directors, subsidiaries, affiliates, contractors and licensors are not responsible, and have no liability, for any consequences that result from your use or disclosure of information contained in Public Areas or other areas of the Site or any Services. Dealings you have with any advertisers or other third parties on the Site or within a Service are between you and the advertiser or applicable third party. You agree we are not responsible for content or communications posted or sent by others on or through the Site or any Services, and that you may be exposed through the Site or Services to content that violates our policies or is otherwise offensive. We take no responsibility for your exposure to content on the Site or through the Services whether or not it violates our content policies.
Prohibited Conduct. You agree to use this Site and the Services for lawful purposes only, and only in accordance with these Terms of Service. In addition to the other restrictions contained herein, you acknowledge and agree that you are not permitted to, and you will not, do or assist any other person in doing any of the following:
- Attempt to gain unauthorized access to any Services, user accounts, computer systems or networks through any means.
- Impersonate another user or allow another user to use your User ID to access the Site or Services;
- Post or communicate harassing, threatening, harmful, obscene, defamatory, abusive, fraudulent, illegal, infringing, offensive, hateful, or slanderous materials, as determined by Zensey at its sole discretion;
- Use the Site or any Services in any manner that violates any laws and/or regulations;
- Post any advertising;
- Engage in viral messaging, SPAMMING, SPIMMING, or sending of unsolicited advertisements, solicitations or bulk communications, or distribute chain mail or harmful computer code, viruses, or malware;
- Disrupt dialogue or post comments that are unrelated to a discussion topic;
- Collect, copy or use data about another user without his or her knowledge and consent;
- Advocate or encourage illegal activity;
- Collect, copy or harvest data or materials from the Site or Services without our express written permission; or
Use the Site in any way that could, in Zensey's sole judgment, interfere with any other party's use or enjoyment of the Site, or in a manner that could overburden, impair, damage or disable our networks or servers, or expose us or our licensors, users, customers or suppliers to any claims or liability whatsoever.
You agree that we may take any legal and technical measures we deem appropriate, in our sole discretion, to prevent the violation of, and to enforce, these Terms of Service. You agree that we may suspend or terminate your account or your access to the Site and the Services if we believe, in our sole discretion, that you are engaging in activities that (i) violate these provisions (or other terms in these Terms of Service), (ii) could expose us or our vendors or business partners to liability, or (iii) could harm our business reputation.
Additional Zensey Rights. You agree that Zensey has the right, but is not obligated, to:
- Use, copy, perform, distribute, display, adapt, translate and edit your postings in any manner or in any medium we choose and use your display name to attribute your post if we choose. This right is also granted to our affiliates and subsidiaries;
- Edit, remove or delete posts or any other communication on the Site or in a Service for any reason;
- Monitor, report or disclose any communications in Public Areas of the Site;
- Remove communications that Zensey, in its sole discretion, believes to be abusive, disruptive, offensive, illegal or otherwise objectionable;
- Terminate or limit the rights of a user to access any or all Public Areas or features or other areas of the Site or Services upon failure to comply with these Terms of Service;
Ownership of the Site, Services and Our Content. The Site and the Services, the content contained on this Site and in the Services, are provided solely for your personal, noncommercial use in accordance with these Terms of Service. You agree that the Site and Services (and all content contained therein), as well as the underlying software, systems and other proprietary technology and methodologies (collectively, "Zensey Property"), are protected by intellectual property and other laws, and are the property of Zensey and/or its licensors. You may not, and you agree you will not, modify, copy, reproduce, prepare derivative works from, license, sell, rent, transfer, translate, redistribute, transmit, republish, reverse-engineer, decompile, or disassemble any Zensey Property in any way without the prior written permission of Zensey and any applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any Zensey Property, and you agree you will not remove or alter any copyright or other rights notices, or trademarks, contained in or on, or appearing in conjunction with, any Zensey Property. All rights not expressly granted herein are reserved to Zensey and its licensors.
Ownership of Your Materials; Our Rights. We may make available to you the ability to post, submit, email or otherwise make available on the Site or the Services (including via email to us) information, text or materials ("Your Materials"). You are entirely responsible for each individual item of Your Materials, and you represent and warrant that Your Materials do not include confidential or proprietary information, or violate any other party's intellectual property rights. As between you and us, you retain ownership and any intellectual property rights in any materials that are contained in Your Materials, subject to the non-exclusive rights that you grant to us in the Terms of Service. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, transferrable, sublicenseable, worldwide license to use, reproduce, modify, transmit, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise exploit, Your Materials in any form, technology or media now known or hereafter developed. You hereby waive any moral rights you may have in Your Materials under the laws of any jurisdiction. You agree we may exercise any of these rights without compensation or attribution to you.
Your Feedback. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Site or the Services (collectively "Feedback"), you agree such Feedback constitutes "Your Materials" under these Terms and Conditions, that such Feedback is subject to license grant to us for Your Materials, that we may use and disclose the Feedback in any way we choose (including but limited to modifying our Site and/or Services, or creating new Services), and that you will not be due any compensation for any such use. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate written agreement with you that provides otherwise.
Social Networks and other Affiliate Sites. In using certain Services, you authorize us to act on your behalf to access and interact with social networking sites such as Facebook and Twitter (any such site, a "SN Site") and other affiliate sites such as Microsoft Corporation's HealthVault to retrieve information from, and/or submit information to, such SN Sites at your request. We will not collect your username and password, and we will instead store the unique authorization code (or a "token") provided to us by the SN Site to access it on your behalf. You can revoke our access to an SN Site at any time by amending the appropriate settings from within your account settings on that site. You should note that an SN Site may change or amend its guidelines and our access to it at any time, and we cannot guarantee that our Services will always include a connection to such SN Site.
Disclaimers; We Make No Warranties. We provide the Site and the Services "as is", "with all faults" and "as available." We and our suppliers make no express or implied warranties or guarantees about the Services. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SITE, THE SERVICES, OR ANY INFORMATION CONTAINED IN THE SITE OR SERVICES, IS ACCURATE OR UP-TO-DATE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THIS SITE WILL BE EFFECTIVE, RELIABLE, OR MEET YOUR REQUIREMENTS, OR THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND ANY SERVICES, AND ANY SERVICES, MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES, IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTERS OR MOBILE DEVICES AND ANY LOSS OF DATA THAT RESULTS THEREFROM. WE ALSO DO NOT GUARANTEE THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY US SHALL CREATE A WARRANTY NOT EXPRESSLY SET FORTH HEREIN.
Limitation of Liability; Time Limit for Bringing Claims. YOU AGREE THAT OUR (AND OUR AFFILIATES' AND VENDORS') ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO YOUR USE OF THE SITE OR ANY SERVICES, AND/OR FOR ANY BREACH OF THESE TERMS OF SERVICE, IS SOLELY LIMITED TO THE GREATER OF (I) THE TOTAL AMOUNT OF SERVICE FEES, IF ANY, THAT YOU PAID TO US WITHIN THE LAST 12 MONTHS FOR THE SPECIFIC SERVICE AT ISSUE, OR (II) $100. YOU AGREE THAT WE, AND OUR AFFILIATES AND VENDORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR RELIANCE ON, THE SITE OR THE SERVICES, OR MATERIALS CONTAINED IN THE SITE OR SERVICES, OR YOUR INABILITY TO USE THE SITE OR SERVICES, OR ANY BREACH OF THESE TERMS OF SERVICE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, AND LOSS OF GOODWILL, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT A JURISDICTION DOES NOT PERMIT THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES AND VENDORS, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. Without limiting the foregoing, we, and our affiliates and vendors, disclaim, and you agree that none of us shall be liable for, any loss or liability resulting from, but not limited to: (a) your inability to access or use the Site or any Services; (b) acts or circumstances outside of our reasonable control; (c) the unauthorized use or misuse of your User ID or other access credentials; (d) errors, omissions, or misstatements in any information or materials on the Site or contained within a Service; (e) the deletion or loss of any data or other information; (f) the interruption of, or other harm to, your computers, mobile devices or other equipment; (g) your interactions with, or content provided by, an advertiser or any other third party or user, or (h) your engaging in any physical activity or diet in connection with your use of the tools and features of the Site or Services (such as engaging in challenges, games or goal-setting). YOU AGREE THAT REGARDLESS OF ANY LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS OF SERVICE, THE SITE OR ANY OF THE SERVICES, MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SUCH CLAIM SHALL BE FOREVER BARRED.
Indemnification. You agree to defend, indemnify, and hold harmless Zensey and our affiliates, and our and their employees, contractors, agents, officers, and directors, from all liabilities, losses, damages, claims, and expenses, including but not limited to, reasonable attorney's fees, that arise out of, or are related to, your use or misuse of the Site or the Services, Your Materials, or your violation of these Terms of Service. You agree we have the right to hire counsel of our own choosing in connection with, and to assume the exclusive defense and control of, any matter subject to indemnification by you, and doing so will in no way limit your indemnification obligations hereunder. In any litigation, you will cooperate with us in asserting any available defenses.
Changes to These Terms of Service or the Services. From time to time, we may, in our sole discretion, change these Terms of Service or upgrade, enhance, change and modify the Services, including by discontinuing a Service or any aspect or feature thereof (collectively, "Modifications"). If we make any material changes, we will attempt to notify you by email (sent to the email address specified in your account) or by means of a notice on this Site prior to the change becoming effective. In any event, changes to these Terms of Service will be reflected in an updated version of these Terms of Service that will be posted on the Site, and all changes will be effective upon such posting. You agree to regularly review these Terms of Service so that you will be apprised of all changes. You can determine when these Terms of Service were last revised by referring to the "LAST UPDATED" legend at the top of these Terms of Service. If you disagree with the Modifications, you may terminate these Terms of Service by providing written notice to us. By continuing to use the Site or any Service after any notice or posting of the Modifications, you are agreeing to be bound by the Modifications.
Assignment. We may assign this contract at any time without notice to you. You may not assign this contract to anyone else. Any attempted assignment or delegation by you is null and void.
Termination. We may cancel, suspend or block your use of the Site and/or Services (or an affiliate of the Site or Service) and/or registration at any time, without cause and/or without notice. Except as expressly provided otherwise herein, if you have paid any fees directly to Zensey for the use of any Service and we terminate these Terms of Service or your use of any Service, other than for a violation by you of these Terms of Service, we will provide you with a pro-rated (based on the unused portion of the affected Service(s)) refund of any fees you have paid directly to Zensey for the use of the affected Service(s). We may terminate and/or suspend your registration or use of any Service immediately, without notice and without refund of any fees paid, if we believe, in good faith, that there has been a violation of these Terms of Service or any other policies or terms posted on the Site or Services. You may terminate your registration or these Terms of Service at any time, but you will not receive a refund of any fees paid to Zensey. Your right to use the Services will end once your registration or these Terms of Service are terminated (for any reason), and any data you have stored on a Service may be unavailable after that. You should transfer any medical records or other information stored on the Site prior to terminating registration or these Terms of Service. We are not responsible or liable for any records or information that is made unavailable to you as a result of a termination of your registration or your use of a Service, except where we are required by law to make those records available to you. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES IN ACCORDANCE WITH THESE TERMS OF SERVICE. Any limitations on liability explicitly set forth herein, our proprietary rights in and to the Site, Your Materials, content, Zensey Property and the Services, as well as all of your representations, warranties and obligations to indemnify us, will survive the expiration or termination of your registration or these Terms of Service for any reason.
Notices and Agreement to Be Bound by Electronic Signature. Your affirmative act of using this Site or any Services, or registering for membership, constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, "Notices"). We can send you electronic Notices (1) to the email address that you provided to us during registration, (2) to any email account you open with a Service, or (3) by posting the Notice on the applicable Service or otherwise through the Site. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by notifying us in writing via email to email@example.com or as otherwise expressly provided by us in writing. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
Choice of Law and Jurisdiction. You agree that the law of the District of Columbia governs this contract and any claim or dispute that you may have against us, without regard to the District's conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree and consent to the exclusive personal jurisdiction and venue of the courts located in the District of Columbia for the resolution of any and all disputes arising out of or related to these Terms of Service, or your use of the Site or any Services.
Waiver of Jury Trial. YOU AND WE EACH AGREE THAT A JUDGE, AND NOT A JURY, WILL HEAR AND DECIDE ANY CASE THAT EITHER OF US BRINGS THAT ARISES OUT OF OR IS RELATED TO THESE TERMS OF SERVICE, THE SITE OR ANY SERVICES. WE BOTH WAIVE OUR RESPECTIVE RIGHTS TO HAVE A JURY HEAR OR DECIDE ANY SUCH CASE, AND WE DO SO KNOWING THAT WE WOULD OTHERWISE HAVE A RIGHT TO A JURY TRIAL IN ANY SUCH CASE.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF SERVICE, EXCEPT AS EXPRESSLY SET FORTH HEREIN, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE DISTRICT OF COLUMBIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US RELATING TO OR ARISING OUT OF THE SITE, THE SERVICE OR THE TERMS OF SERVICE; (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE DISTRICT OF COLUMBIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS; AND (4) WAIVING ANY RIGHTS YOU HAVE TO A JURY TRIAL.
Procedures for Notification of Copyright Infringement. If you believe that your copyrighted work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
- 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 at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- 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.
Our agent for notice of copyright infringement can be reached as follows:
This contact information is only for reporting copyright infringement. Please see the Contact Us section for contact information for other topics.
Linking to Us. Unless you have a written agreement with us that specifies how you may link to the Site, following are the rules for adding a link to the Site from your website:
- The link must be a text-only link clearly marked "www.zensey.com"
- The link must "point" to www.zensey.com and not to other pages within the Site
- The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Zensey's good name and trademarks
- The appearance, position and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by Zensey
- The link, when activated by a user, must display the Website full-screen and not within a "frame" on the linking website and linking must not trigger any interstitial or pop-up or pop-under windows
- The link will not be used in connection with or appear on a website that a reasonable person may consider offensive, obscene, defamatory or otherwise malicious. Zensey, in its sole discretion, may immediately remove or disable any links that violate this provision and shall have no liability whatsoever to any third-party who uses the link
- We reserve the right to revoke consent to the link at any time in our sole discretion. If we revoke such consent, you agree to immediately remove and disable any and all of your links to the Site
- Any links to other sites that are found on our Site are provided for your convenience only and does not mean that Zensey endorses these linked sites or the products or services they provide. You agree and acknowledge that Zensey and its affiliates are not responsible or liable for the accuracy or content of these linked sites.
Entire Agreement. These Terms of Service, and any supplemental terms, policies, rules and guidelines posted on the Site and the Services, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable as a matter of law, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You acknowledge that we have the right hereunder to seek, at your expense, an injunction to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms of Service, shown in boldface type, are included only to help make these Terms of Service easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default.
Additional Terms for Mobile Applications. The following additional terms apply to your access to or use of any Zensey mobile application (together with all information and software associated therewith, the "Application" or "Applications") through any device (such as tablets, mobile phones, etc.), and are "Additional Terms" as defined above.
- Rights Granted to You. We grant you a limited, non-exclusive, revocable, non-transferrable license to use the Applications solely for your personal, non-commercial use and only in accordance with the Terms of Service. Other than the limited rights granted in the immediately preceding sentence, no other rights are granted to you. This is only a license to use, and not a sale of, the Applications.
- Third Party Terms and Services. You agree to comply with all applicable terms, conditions and agreements between you and any third party that provides products or services that facilitate or enable your use of any mobile applications, and you acknowledge and agree that your use of any Application may result in charges to you by those third parties in connection with the products and services they provide to you (such as data plan charges), and you will be solely responsible for any such charges.
- Termination of Your Rights. Upon any termination of your rights hereunder, for any reason, you will immediately uninstall or delete the Applications and cease any further use of such Applications.
Specific Terms for all Florida Blue Users.
For all Florida Blue users, this Site and the Services are not intended or designed to be used by anyone under the age of 18. You may not use the Site or Services if you are under the age of 18 and are a Florida Blue User.
Audax Health, Inc., d/b/a Zensey, is an independent company from Florida Blue that provides health social networking, health promotion and information, and rewards programs to Florida Blue members. Florida Blue is an independent licensee of the Blue Cross and Blue Shield Association.
Zensey Community Rules
Zensey is a positive, supportive community with the goal of helping users connect, share, and learn from each other so they can live healthier lives. We strive for a friendly and inviting atmosphere. To keep it that way, we have a few rules.
If you participate in Zensey in any way, it's at your own risk and you agree to abide by the following rules here, as well as Zensey's terms of service, which spell out our rights and responsibilities. These guidelines are subject to change at any time without notice.
These rules and guidelines apply to community posts (and associated media in any format), status updates, comments, links, and public profile information. They also extend to private messages sent through Zensey.
Zensey does not routinely review or verify any information posted in our communities, comments, status updates, and other user-generated content area, except for potential violations of our terms of service. We are not the authors of, and are not responsible for, content posted by users.
By extension, if anyone reposts content from Zensey communities to another Web site (which is against our guidelines), we can't be held responsible for the content, possible use of the information, or any copyright infringement.
As with any Web site, we can take Zensey down at any time for any reason.
This is a friendly discussion community. Be supportive and helpful, and make it a positive space. Allow people to have their opinions and respect your fellow members. If you disagree with an opinion posted, please respond thoughtfully. No name calling, insults, inflammatory comments, or snide remarks here, please.
Anything you post on the community boards is visible to everyone on Zensey, so be thoughtful about posting personal information you don't want others to see.
When posting a comment or information, or linking to outside websites, please stick to high-quality content that is appropriate for our community, and provides a benefit to other users. The community manager can remove posts at his or her discretion.
Talking about sensitive subjects is fine, but please use your taste and judgment. We will remove offensive material.
Need we say it? Vulgarity, hate speech, and other speech not protected under the law are never allowed. Abbreviations and other attempts to circumvent our filtering software also violate this guideline. If your post contains a word that is censored by the software, your post will be flagged and likely deleted. If you feel that the censor is acting in error, please contact us.
Posts that discuss illegal activities, transactions, or websites will be removed. This includes the posting of information that you have obtained illegally.
It's important to know that Zensey users posting information or opinions may not have medical or other relevant training or expertise. Do not treat anything posted on Zensey as medical advice. Do not seek a diagnosis for your specific condition on Zensey.
Some of these user opinions may contain information about treatments, medicines, or "off-label" uses of drugs that have not been approved by the U.S. Food and Drug Administration or even be illegal in the United States or elsewhere. Others may refer to unstudied or potentially dangerous products such as herbs and nutrients. Always consult with your doctor before you change any treatment plan, or start or stop a new treatment, diet, or routine.
Other users' experiences can be helpful and reassuring, but those anecdotes or anything else posted on Zensey are never a substitute for professional medical advice, diagnosis, or treatment from a qualified health care provider.
Never disregard or delay seeking professional medical advice from your doctor (or other qualified health care provider) because of something you have read here or elsewhere on the Internet. In case you think you have a medical emergency, call your doctor right away or dial 911.
Privacy and ownership
We know that people will have to leave our community from time to time. All content posted on Zensey by users becomes part of the community, even if you no longer are. We own all content posted and can use it in any way we choose.
We do not delete content posted on our site once you deactivate your account. You may request an item to be removed, but we will decide these requests on a case-by-case basis.
Copyright and commercial
Do not post anything on Zensey you don't have the rights to (such as full text of articles, multimedia files) that you do not have permission to reproduce or distribute. For text articles, copyright law allows you to quote a small amount (about 10 percent) and you must link to the original source (if online) or provide the source (if offline). Posting the entire article, even with the source, is usually copyright infringement.
You may post links to information on other sites if they are directly relevant to the discussion and would benefit the community (with the exception of products or services).
Don't advertise or promote products or businesses. Generally, posts made for the promotion of a website, product, or service are considered advertising and will be removed.
You are not allowed to post affiliate URLs that leads to you earning cash, banner impressions, credits, points, hits, or any other benefits, material or not.
Content on Zensey should stay on Zensey. You are not allowed to re-post content from Zensey (community or other content) to another Web site.
Do not try to inflate your post count or coin count by posting short, meaningless posts or "liking" each other's posts repeatedly simply to earn achievements or coins.
If you believe that someone has violated our community guidelines you can flag an item (using the button to the right of the comment box) and we will review it. You may also send a private message to the community moderator, if applicable.
Flagged posts will be reviewed by the community manager. Do not engage directly with a user who you feel is breaking the rules. Responding to a violation in an inflammatory manner is a violation in itself.
If a user violates our guidelines we reserve the right to remove any offending content without warning. Users found to be repeatedly or egregiously violating the guidelines, or who are flagged repeatedly, will have their account reviewed. The community manager reserves the right to deactivate such users without warning.
The community manager and other designated employees have the final say on anything related to user-generated content on Zensey. We are not perfect and if you feel that we have made a mistake, please privately contact us to review the situation. Please don't post about our monitoring or decisions publicly on the site, it will not endear you to us.
That's about it...
If you have questions about any of our rules or guidelines, please do not hesitate to contact us and we will be glad to help in any way that we can. You can reach us at this address.
Thank you for being part of Zensey, and for making our community a helpful, supportive place!