Terms of Use &
Consent to Participate

Consent to Participate

Before registering to participate in one or more programs offered by US Preventive Medicine, Inc. (USPM), you must give your informed consent to participate and receive program services.

By consenting, you agree that:

1. You have read and understand the Terms of Service, including your Rights and Responsibilities as a participant, and you agree to abide by the Community Standards.
2. You have read and understand the Conditions of Use of USPM products and services.
3. USPM will create an account for you to access its software platforms. Once you are registered, you may use the services available to you through the product(s).

Please read this document carefully. Do not complete registration if you have questions about what you agree to do or if you do not understand the Terms of Service or Conditions of Use.

Terms of Service

By signing up for any USPM program, you are agreeing to the Terms and Conditions below.

Participant Rights

As a USPM program participant, you have the right to:

• Receive information about USPM and its services provided
• Know USPM staff and staff qualifications
• Be made aware of the existence of any contractual relationships
• Decline participation, revoke consent, or unregister from services offered by USPM at any point in time
• Be treated courteously and respectfully by the USPM staff
• Have personal identifiable data and medical information kept confidential
• Know which entities have access to your information
• Know procedures used by USPM to ensure security, privacy, and confidentiality
• Receive understandable information
• Provide feedback to USPM with suggestions, compliments, or complaints

If you choose to submit feedback, you may do so using the contact information at the bottom of this page.

USPM will acknowledge receipt of any complaints within three business days and will attempt
to resolve the issue within 30 days of communication receipt.

Participant Responsibilities

As a USPM program participant, you are expected to:

• Adhere to our Community Standards by treating USPM staff and fellow program members with courtesy and respect
• Participate in activities offered within the USPM program
• Give USPM complete, accurate, and up-to-date information needed to provide services
• Not use USPM services in place of regular meetings with your health care provider(s)

By signing up or otherwise registering to use a USPM application, you are providing electronic informed consent and agree to participate in the USPM program the app supports. Your agreement authorizes USPM to create a personal log-in for use with the web or mobile app.

Right to Refuse or Revoke Service

US Preventive Medicine reserves the right to refuse or revoke service at any time without warning. Failure to comply with the Terms of Service and Conditions of Use will result in immediate dismissal from all enrolled programs and revoked access to all USPM products and services, including software applications.

In addition, USPM may excuse or otherwise terminate service for any individual who:

• Communicates hate speech or cruel/insensitive attacks on vulnerabilities
• Contributes violent, graphic, or sexually explicit content
• Disparages or discredits USPM, including verbal or written slander
• Disrespects, degrades, or otherwise harasses USPM staff or community members
• Poses a threat to the physical or emotional wellbeing of any USPM staff member

USPM reserves the right to add to the above Participant Community Standards at any time.

If you have questions about US Preventive Medicine, its programs, or the nature and scope of its services, please contact MemberCare@uspm.com.

Conditions of Use

When you accept the Terms of Service, you agree that you also understand the following Conditions of Use, including the use of web and mobile applications owned by USPM.

USPM, Inc. provides services to you through its website, web and mobile applications, and communication via email and phone. If you visit a USPM website or use any of the services offered on or through its applications, you accept these conditions. Please review carefully.

Your acceptance of the Conditions of Use is required to access USPM technologies and the services offered on or through the platforms.

General

USPM offers general advice and guidance on improving your health. USPM bases its suggestions and programs on current professional literature. USPM is not responsible if the literature that it uses changes or is later found to be inaccurate. US Preventive Medicine products and services do not take the place of regular discussions with and treatment by your health care provider.

It is your duty to give USPM complete, accurate, and up-to-date information. If your health or medical condition changes, you should let your personal health care provider know right away.USPM shall have no liability for the accuracy of the information provided to you in general and specifically in the event you fail to provide complete, accurate, and updated information.

USPM programs are not intended to diagnose or treat illness, injury, or disease. Programs are for your information only. The programs do not in any way give a diagnosis. They are designed only as a tool to help you achieve and maintain better overall health.

US Preventive Medicine, Inc. is not responsible for the acts and omissions of its independent contractors who provide services through USPM program(s).

USPM may sponsor various drawings or contests based on program registration and participation. If you are selected as a winner, USPM may publish your name, city, and state on one or more of our web properties, letting others know you won the drawing or contest. You can opt out of these promotions at any time by sending an email to MemberCare@uspm.com stating your wish to opt out of all USPM-sponsored drawings or contests.

Copyright and Trademarks

All content seen on USPM products or marketing collateral is the property of USPM or its content suppliers and is protected by United States and international copyright laws. The compilation of all software used in USPM products is the property of USPM or its software suppliers and is protected by United States and international copyright laws.

US Preventive Medicine, Inc. and other USPM graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of USPM or its affiliates in the US and/or other countries. USPM’s trademarks and trade dress may not be used in connection with any product or service that is not USPM’s, in any manner that is likely to
cause confusion among customers, or in any manner that disparages or discredits USPM. All other trademarks not owned by USPM or its affiliates that appear on USPM assets are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by USPM or its affiliates.

Electronic Communications

When you access a USPM web or mobile application, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our technical products. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

As a participant in The Preventive Plan program, you have the right to disenroll and terminate any future correspondence from USPM at any time. Disenrolled members will not receive communications from USPM, except as required by law. To disenroll and opt out of future communications, call 904-265-1058 during normal business hours, and someone from our Member Care team would be happy to assist you.

License and Site Access

USPM grants you a limited license to access and make personal use of the website and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of USPM. USPM reserves all rights, including but not limited to any and all intellectual property, patents, trade secrets, and any other proprietary right it may have in respect to the website, the content thereof, and goods and services, including software, that may be provided.

By making services available to you, USPM is not providing you, and this license does not include, any rights to resale or commercial use of the website or its contents; any collection and use of any service or product listings, descriptions, or prices; any derivative use of the site or its contents; any downloading or copying of account information for the benefit of another entity; or any use of data mining, robots, or similar data gathering and extraction tools. The USPM website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of USPM. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of USPM and our affiliates without express written consent. You may not use any meta tags or any other hidden text utilizing USPM’s name or trademarks without the express written consent of USPM. Any unauthorized use terminates the permission or license granted by USPM. You may not use any USPM logo or other proprietary graphic or trademark as part of the link without express written permission.

Security

Any actual or attempted unauthorized use of the USPM corporate website, web portals, or mobile applications may result in criminal and/or civil prosecution. For your protection, USPM and its affiliates reserve the right to view, monitor, and record activity on these platforms without notice to or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity related to the software.

Warranties Disclaimer and Limitation of Liability

All information, content, materials, products (including software), and services made available to you by USPM or its affiliates are provided as-is and on an as-available basis, unless otherwise specified in writing. USPM and its affiliates make no representations or warranties of any kind, express or implied, as to the operation of the information, content, materials, products (including software), or services provided, unless otherwise specified in writing. USPM assumes no liability for the performance or failure to perform of its independent contractors, including, without limitation, third parties providing services through USPM platforms. You expressly agree that your use of USPM products is at your sole risk.

To the full extent permissible by applicable law, USPM and its affiliates hereby disclaim all warranties and representations of any kind whatsoever, whether written or oral; express or implied; statutory; or arising by operation of law, course of dealing, course of performance, or usage of trade. This disclaimer is not limited to implied warranties of merchantability and
fitness for a particular purpose.

USPM and its affiliates do not warrant that this site; information, content, materials, products (including software), or services included on or otherwise made available to you through this site; their servers; or email sent from USPM or on behalf of USPM are free of viruses or other harmful components. USPM does not warrant that the functions contained in the site will be uninterrupted, error-free, accurate, reliable, of any quality; that defects will be corrected; or that the site or its content is safe in any manner for download. USPM does not make any representations regarding the use or the results of the use of materials on the site in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction. You expressly understand and agree that neither USPM, its affiliates, parents, subsidiaries, or any of their officers, directors, employees, or agents will be responsible or liable for any damages of any kind, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, arising directly or indirectly out of or related to (1) the use of this site or from any information, content, materials, products (including
software), or services included on or otherwise made available to you through this site; (2) these Terms of Service and Conditions of Use; (3) any failure, delay, or decision by USPM in administering the site or its programs; (4) any offer, representation, statement, or claim made by USPM; (5) the use of services or inability to use services; (6) the cost of obtaining substitute goods or services resulting from any transaction entered on the site; and (7) unauthorized access to or alteration of your data transmissions, statements by any third party, or conduct of any third party using the services.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages, and certain statements regarding implied warranties in the above disclaimer may not apply to you; however, the other terms and conditions and applicable disclaimers remain enforceable notwithstanding. You agree to indemnify and hold harmless USPM and its representative, subsidiaries, affiliates, related parties, officers, directors, shareholders, employees, agents, independent contractors, advertisers, and partners from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising from your conduct or in connection with the site, your provision of content, your violation of these Terms of Service and Conditions of Use, or any other violation by you of the rights of another person or party. To the fullest extent allowed by law, you hereby waive any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.

Applicable Law and Dispute Resolution

By visiting the site, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms of Service and Conditions of Use and any dispute of any sort that might arise between you and USPM or its affiliates as to the use of this website and the products and services provided or otherwise listed on this site.

Any dispute relating in any way to your visit to the USPM website or use of USPM services or products, including software, shall be construed and enforced in accordance with Florida law and shall be submitted to the exclusive jurisdiction of the state and federal courts sitting in Florida. Proper venue in any such action shall be in Jacksonville, Duval County, Florida. In any legal action or other proceeding brought arising from the Terms of Service, Conditions of Use, Privacy Policy, or any dispute related thereto, the prevailing party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action, including costs and attorneys’ fees incurred in any appeal, in addition to any other relief to which such party may be entitled.

Policy Modification, Deviations, and Severability

We reserve the right to make changes to our website and policies, including these Terms of Service and Conditions of Use, at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, the conditions shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. If the Privacy Policy changes in the future, we will not maintain or disclose any personal information you have submitted to us in a manner that is materially inconsistent with the Privacy Policy that was in place at the time the information was submitted.

It may be necessary to deviate from this general policy in unique instances and for specific purposes. In such instances, a link will be provided to a description of the deviation. This link will be placed where it can be reasonably expected to be noticed prior to submitting any information for which this Privacy Policy is modified or exempted in any way.

If you wish to provide feedback, make requests, ask questions, or file complaints regarding the policies described on this page, you may do so in writing.

All complaints must be submitted in writing. USPM will not penalize or discriminate against you in any manner if you choose to file a complaint.

This document was last modified on October 30, 2020.