EFFECTIVE DATE: JULY 1, 2015
This website is owned and operated by Real Appeal, Inc. and its affiliates (collectively “REAL APPEAL” or “we”). Through this website REAL APPEAL provides an online weight loss program on behalf of participating health plans to members of such plans, which program includes services and health tools such as online wellness coaching, the ability to track your weight and weight loss goals, the ability to track what you eat, drink, and your physical activity, an online team, achievements, and other services and tools used in a weight loss program (the “REAL APPEAL Program”).
IMPORTANT NOTICES AND DISCLAIMERS:
- THIS WEBSITE AND THE REAL APPEAL PROGRAM ARE INTENDED FOR MEMBERS OF PARTICIPATING HEALTH PLANS. If you are not a member of a participating health plan or the legal representative of such a member, you do not have authority to use this website or participate in the REAL APPEAL Program.
- THIS WEBSITE AND THE REAL APPEAL PROGRAM are NOT INTENDED TO PROVIDE INSTRUCTIONS IN THE EVENT OF AN EMERGENCY. If you are experiencing a medical emergency, call your doctor, go to the emergency room, or call 911 immediately.
- This website and its Content and the REAL APPEAL Program have not been evaluated by the Food and Drug Administration, and are not intended to diagnose, treat, cure or prevent any disease or condition.
- NEITHER THIS WEBSITE NOR THE REAL APPEAL PROGRAM PROVIDES MEDICAL ADVICE. This website and its Content and the REAL APPEAL Program are for general education and information purposes only, and are not intended in any way as a substitute for professional medical advice, diagnosis or treatment.
- Always seek the advice of your physician or other qualified health care professional regarding a medical condition or treatment and before participating in the REAL APPEAL Program or any other health, diet or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.
- INDIVIDUAL RESULTS MAY VARY. Causes of overweight and obesity vary from person to person. This means weight loss results will also vary from person to person. No individual result should be seen as typical.
CERTAIN DEFINED TERMS
As used herein:
- “REAL APPEAL and Related Parties” means, collectively, all of the following:
- (i) REAL APPEAL;
- (ii) participating health plans in the REAL APPEAL Program;
- (iii) participating employers in the REAL APPEAL Program;
- (iv) any and all other persons and entities designated by REAL APPEAL to provide products, services, support, assistance, or content for the REAL APPEAL Program or this website or otherwise for the business of REAL APPEAL; and
- (v) the respective successors and assigns of the foregoing.
- “You” or “User” means any user of this website who is a member of a participating health plan or a legal representative of such a member.
- “REAL APPEAL Content” means any and all content provided by REAL APPEAL and Related Parties, including, without limitation, text, photos, images, artwork, logos, trademarks, videos, audios, information, data, databases, directories, listings, links, forms, templates, tools, software applications, user interfaces, and all printable or downloadable media.
- “User Content” means messages, reviews, comments, and other content created by users.
- “Content” means, collectively, REAL APPEAL Content and User Content.
CHANGES TO THIS WEBSITE
We may change, add or remove some or all of the Content on this website at any time. In addition, please note that although our goal is to provide accurate information, certain features that may be offered through this website, such as participating healthcare providers, pricing information or other Content, may not be accurate or up to date. In addition, please note that features of any plan or plans described in this website may change over time as permitted by law, including benefit levels, items included in any formulary, pricing or lists of participating providers or other associated vendors.
CHILDREN AND MINORS
This website and the REAL APPEAL Program are not intended for or directed to anyone under the age of 18. By using this website, you warrant that you are at least 18 years of age.
When you use this website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, by posting notices on this website, or through your account on this website. You acknowledge and 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.
CONSENT TO MONITORING
By using this website, you acknowledge and agree that any activity on this website is subject to monitoring by REAL APPEAL at any time, and that REAL APPEAL may use the results of such monitoring without limitation, subject to applicable law.
ACCOUNTS AND PASSWORDS
By creating an account on this website, you represent and warrant that all registration information you submit to us is your own information and is truthful and accurate. It is your responsibility to notify us of any changes in your account information, including your contact information. As an account holder, you are responsible for safeguarding your account access information and are responsible for all use of your username and/or password and must keep these details secure. If you allow others to use your account, you are responsible for all their activities on your account.
RESTRICTIONS ON USE OF THIS WEBSITE
- not to use this website or its Content other than for your personal, lawful and non-commercial use only;
- not to decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of, this Website or any software program or application associated with this website;
- not to impersonate another, or falsify account information, or make unauthorized use of another’s information;
- not to interfere in any way with the operation of this website or any server, network or system associated with this website, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the performance or vulnerability of this website or any server, network or system associated with this website; breaching or circumventing firewall, encryption, security or authentication routines; accessing, using or retrieving data not intended for you, or accessing another user’s account without permission; or corrupting or attempting to corrupt data stored on this website or any server, network or system associated with this website;
- not to use, transmit or distribute viruses, bots, worms, or any other harmful computer code, files or programs to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to gain unauthorized use of or access to a computer or a computer network;
- not to use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access this website or any server, network or system associated with this website, or to extract, collect, harvest or gather content or information from this website;
- not to frame or otherwise create a browser or border environment around any page or content of this website, or deep-link to any content or internal page of this website;
- not to use the REAL APPEAL mark or logo or any other mark, logo or source identifier of REAL APPEAL (whether registered or unregistered) in any unauthorized manner, including as meta tags or ad keywords;
- not to harass or cause annoyance to other users;
- not to infringe upon any intellectual property or other proprietary right of any person or entity;
- not to send or cause others to send (directly or indirectly) “spam” or other unsolicited messages or communications of any kind;
- not to engage in “trolling,” such as posting material, information, message or communication that is off-topic, absurd, or meaningless, with the intent of causing disruption or provoking reaction from others, or disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other users are able to type, or otherwise acting in a manner that negatively affects other users’ ability to engage in real time exchanges;
- to comply with all applicable laws and regulations while using this website and its Content.
REAL APPEAL CONTENT
Certain portions of this website may be configured to permit users to post User Content. Any view or opinion expressed in User Content represents only that of the user and not REAL APPEAL. User Content posted by other users is no substitute for your own research and should not be relied upon for any purpose.
You agree not to post any User Content:
- which is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; or
- the transmission of which could violate, or facilitate the violation of, any applicable law, regulation, or intellectual property rights.
By submitting User Content to this website (whether your submission is solicited or unsolicited), you acknowledge and agree to all of the following:
- To submit User Content to this website, you must be at least 18 years of age.
- By submitting User Content to this website, you represent and warrant that: (i) your submission is voluntary and consensual and is made without any condition or reservation of rights, including, without limitation, any condition of payment, secrecy or confidentiality; (ii) your submission does not contain any confidential information and may be seen by others; and (iii) your submitted User Content contains no material that infringes upon any third-party right or violates any applicable law or regulation.
- Unless expressly otherwise agreed between you and REAL APPEAL, you own any User Content provided by you, and REAL APPEAL does not claim ownership rights in your User Content. However, by submitting User Content to this website (whether your submission is solicited or unsolicited), you grant to REAL APPEAL and Related Parties a non-exclusive, irrevocable, worldwide, perpetual, fully paid up and royalty-free, freely sublicensable, freely assignable and transferable, unlimited and unrestricted license to use, copy, reproduce, store, archive, modify, excerpt, adapt, translate, create derivative works and compilations based upon, publicly perform, publicly display, exhibit, broadcast, stream, publish, distribute, and otherwise exploit your submitted User Content, including your name, voice, likeness, performance, life stories, and biographical information contained in such User Content, as well as any and all ideas, concepts, facts, information, stories, know-how, and techniques embodied in your submitted User Content, in any and all formats and media now known or hereafter devised (including, without limitation, television, radio, theatrical, Internet, mobile, digital, electronic, and print media) and for any and all commercial and non-commercial purposes of REAL APPEAL and Related Parties (including, without limitation, product development, marketing, advertising, promotion, sale, distribution, social media campaigns, merchandising, publishing, education, and charity), without any compensation, attribution, notice, or other obligation to you. The aforementioned license will continue and remain in full force and effect even if you subsequently terminate or cancel your account on this Website or delete the submitted User Content from your account.
- By submitting User Content to this website, you waive the right to assert against REAL APPEAL and Related Parties, and you release and forever discharge REAL APPEAL and Related Parties from, any and all claims and damages based upon or relating to your submitted User Content, including, without limitation, claims and damages for copyright infringement, trademark infringement, invasion of privacy, violation of the right of publicity, defamation, libel, false light, unfair competition, unjust enrichment, idea theft, idea misappropriation, breach of implied contract, breach of fiduciary duty, and/or breach of confidence or trust.
RIGHT TO REMOVE USER CONTENT
COMPLIANCE WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT
In compliance with the Digital Millennium Copyright Act (Title 17, United States Code) (“DMCA”), REAL APPEAL will respond to proper notifications of claimed copyright infringement with respect to User Content, and will take appropriate action including expediently removing and disabling access to the allegedly infringing User Content. REAL APPEAL also has a policy of terminating, in appropriate circumstances, the accounts of registered users on this Website who are determined to be repeat infringers.
Designated Agent: In compliance with the DMCA, the following is REAL APPEAL’s Designated Agent to receive notifications of claimed copyright infringement by User Content on this website:
|By mail:||Real Appeal, Inc.
Attn: General Counsel
10866 Wilshire Blvd., Ste. 400
Los Angeles, California 90024
|By Telephone:||1-844-344-REAL (7325)|
Notice of Claimed Copyright Infringement: If you believe that your copyright has been infringed or violated by any User Content found on this Website, please notify the Designated Agent listed above in writing and provide the following requisite information:
- (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- (ii) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
- (iii) 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 the service provider to locate the material;
- (iv) information reasonably sufficient to permit the service provider 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;
- (v) 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
- (vi) 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.
Counter-Notification to Claimed Copyright Infringement: Under the DMCA, if a notice of copyright infringement has been filed against User Content submitted by you on this Website, you may make a counter-notification with the Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:
- (i) your physical or electronic signature;
- (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- (iii) a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of Illinois, USA, if you reside outside of the United States), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If REAL APPEAL receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA. Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.
LINKS TO THIRD-PARTY WEBSITES
This website may provide links to third-party websites (the “Linked Sites”) that may be useful or interesting to you. The Linked Sites are not owned, controlled or operated by REAL APPEAL. REAL APPEAL has no control over and does not endorse, and assumes no responsibility or liability for, the Linked Sites or their content or for any of your dealings with them or for any loss or damage that may arise from your use of them. You are solely responsible for your dealings with the Linked Sites. Your use of the Linked Sites will be subject to the terms and conditions and privacy policies of those sites, which may substantially differ from those of REAL APPEAL. We urge you to read the terms and conditions and privacy policies of the Linked Sites prior to using them.
LINKING TO THIS WEBSITE
You may link to this Website, but subject to the following conditions:
- Your link must be a text-only link;
- You do not frame or otherwise create a browser or border environment around any page or content of this website;
- You do not deep-link to any content or internal page of this website;
- You do not link to any live stream or live streaming event on this website (except with our express prior written consent);
- You do not use any REAL APPEAL logo or design mark in or as your link;
- You do not link to this website from any pornographic or sexually oriented website;
- You do not misrepresent or falsely suggest that your website, content, product or service is sponsored, endorsed or approved by, or is affiliated or associated with, REAL APPEAL;
- You do not publish false, misleading or inaccurate information about, or otherwise disparage, REAL APPEAL or this website;
- REAL APPEAL is under no obligation to support your link.
DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY OTHERWISE SPECIFIED BY REAL APPEAL AND Except where prohibited by applicable law:
- REAL APPEAL MAKES NO WARRANTY OR REPRESENTATION REGARDING THIS WEBSITE OR ITS CONTENT OR THE REAL APPEAL PROGRAM;
- THIS WEBSITE AND ALL ITS CONTENT AND THE REAL APPEAL PROGRAM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED;
- TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, REAL APPEAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT, WITH RESPECT TO THIS WEBSITE AND ALL ITS CONTENT AND THE REAL APPEAL PROGRAM; AND
- WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, REAL APPEAL DOES NOT WARRANT THAT THIS WEBSITE AND ALL ITS CONTENT AND THE REAL APPEAL PROGRAM WILL BE UNINTERRUPTED, RELIABLE, UP TO DATE, ACCURATE OR ERROR FREE; OR THAT ANY INFORMATION REGARDING PARTICULAR PLAN BENEFITS OR SCOPE OF COVERAGE WILL BE ACCURATE OR COMPLETE; OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED; OR THAT THIS WEBSITE AND ALL ITS CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE AND ALL ITS CONTENT AND YOUR PARTICIPATION IN THE REAL APPEAL PROGRAM ARE ENTIRELY AT YOUR OWN RISK.
SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BUT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL WARRANTIES.
LIMITATIONS OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- IN NO EVENT SHALL ANY OF REAL APPEAL AND RELATED PARTIES BE LIABLE TO YOU UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING OUT OF OR RELATED TO (I) THIS WEBSITE OR ITS CONTENT OR YOUR USE OF (OR INABILITY TO USE) OR RELIANCE UPON THIS WEBSITE OR ITS CONTENT, OR (II) YOUR PARTICIPATION IN THE REAL APPEAL PROGRAM, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES;
- IN NO EVENT SHALL REAL APPEAL AND RELATED PARTIES’ TOTAL AND AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO (I) THIS WEBSITE OR ITS CONTENT OR YOUR USE OF (OR INABILITY TO USE) OR RELIANCE UPON THIS WEBSITE OR ITS CONTENT, OR (II) YOUR PARTICIPATION IN THE REAL APPEAL PROGRAM, EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100); AND
- IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ITS CONTENT OR WITH THE REAL APPEAL PROGRAM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE AND DISCONTINUE PARTICIPATION IN THE REAL APPEAL PROGRAM.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
REAL APPEAL operates and provides this website and the REAL APPEAL Program in and from the United States of America. This website and its Content and the REAL APPEAL Program are intended for a United States audience, and REAL APPEAL does not represent or warrant that this website or its Content or the REAL APPEAL Program is appropriate or available for use in locations outside the United States of America. If you live outside the United States of America, you may see information on this website about products, services or therapies that are not available or not authorized in your country. If you access this website from outside the United States of America, you acknowledge and agree that you do so of your own initiative and that you are solely responsible for complying with local laws in your country.
GOVERNING LAW; LIMITATION ON ACTION
The laws of the State of California govern these Terms and any cause of action arising out of or related to your use of this website or its Content or your participation in the REAL APPEAL Program, without reference to its choice-of-law principles. You agree that the only proper jurisdiction and venue for any dispute with REAL APPEAL, or in any way relating to your use of this website, is in the state and federal courts in the State of California, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving REAL APPEAL or its employees, officers, directors, agents and providers. Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this website, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one (1) year after the claim has arisen, or you will be barred from pursuing any cause of action.
Real Appeal, Inc.
10866 Wilshire Blvd., Ste. 400
Los Angeles, California 90024
Tel: 1-844-344-REAL (7325)