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Last Updated: July 31st, 2023
Thank you for your interest in Healthy Labs, Inc. and our related entities(collectively, “Healthy Labs, ”“we,” or “us”). Healthy Labs provides the website at healthylabs.co (the “Website”), along with related websites and applications and communication channels (including online chat and telephone call centers) and facilitates services related to insurance agent and representatives, healthcare, marketing, management, and analytics(collectively, together with the Website, the “Services”).
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY USING THE WEBSITE ORBY USING THE SERVICES,USERS (ON BEHALF OF THEMSELVES AND THEIR ENTITIES,COLLECTIVELY “YOU”)ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE, INCLUDING THE HEALTHY LABS PRIVACY POLICY (TOGETHER,THE “TERMS”).
These Terms provide that all disputes between you and Healthy Labs will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Please review Section 11 for the details regarding your agreement to arbitrate any disputes with Healthy Labs.
The Terms contain your agreement that Healthy Labs may (1) call and text you regarding Healthy Labs’s Services, and (2) monitor and record any telephone calls made or received by Healthy Labs for business purposes of Healthy Labs or its subsidiaries, employees, contractors, agents, business partners or other third parties permitted to receive your information under the Healthy Labs Privacy Policy (collectively, “Affiliates”), including for quality assurance purposes. Please review Section 3 below and our Privacy Policy for more details.
These Terms contain other important disclaimers. If you are not eligibleto use our Services or agree to these Terms, or if you do not agree to theTerms, you may not use the Services.
1. OUR SERVICES
Healthy Labs provides insurance and healthcare related services where consumers and businesses can research and shop for various insurance, healthcare, and related products and services. Healthy Labs is not an insurance company and it is not a healthcare provider. It introduces users to insurance, healthcare providers, and related products offered by third parties and connects healthcare providers with our management services organization and related programs.
Healthy Labs does not endorse any particular insurance plan, provider, or agentor any particular healthcare services or provider. Any informationprovided about any specific insurance plan, provider, or agent or anyhealthcare service or provider shall not be construed as an endorsement by HealthyLabs.
2. YOUR USE OF THE WEBSITE
You must be at least 18 years of age to use the Services. By agreeing to theseTerms, you represent and warrant to us that: (a) you are at least 18 years ofage; (b) you have not previously been suspended or removed from the Services;and (c) your registration and your use of the Services complies all applicablelaws and regulations. If you are using the Services on behalf of an entity,organization, or company, you represent and warrant that you have the authorityto bind that organization to these Terms and you agree to be bound by theseTerms individually and on behalf of that organization.
If you register for an account, you may be required to provide us with someinformation about yourself, such as your email address or other contactinformation. You agree that the information you provide to us is accurate andthat you will keep it accurate and up-to-date at all times. When you register,you will be asked to provide a password. You are solely responsible formaintaining the confidentiality of your account and password, and you acceptresponsibility for all activities that occur under your account. If you havereason to believe that your account is no longer secure, then you mustimmediately notify usat info@healthylabs.co
You may not modify, copy, distribute, transmit, display, perform, reproduce,publish, license, create derivative works from, transfer, or sell anyinformation, software, products, or service found on or obtained from theWebsite. No license or right in any copyright of Healthy Labs or anyother party is granted or conferred to you.
3. COMMUNICATIONSBy providing Healthy Labs with a telephone number and other contact informationwhen registering for an account, you agree to receive communications, includingvia-email and calls (including text messages and calls made using anauto-dialer or prerecorded voice message), from or on behalf of Healthy Labsand its Affiliates at the email address or telephone number you provided, evenif that number is on a National or State Do Not Call List.
Calls may be for information and marketing purposes, such as to provide youwith information about Healthy Labs’s Services and your insurance and provideroptions, for assistance with applications and other inquiries, and to providereminders of deadlines. You are not required to provide your consent to thesecalls as a condition of any purchase on or through Healthy Labs, and you mayrevoke any consent for marketing messages, phone calls or text messages asdescribed below. Standard text messaging and telephone minute charges appliedby your cell phone carrier will apply. Healthy Labs may, without further noticeor warning and in our discretion, monitor and/or record telephone conversationsfor our business purposes, such as quality assurance and training purposes.
If you wish to opt out of marketing emails, you can unsubscribe by followingthe unsubscribe options in the email itself. If you wish to opt out of texts,you may reply stop from the mobile device receiving the messages. If you wishto opt out of marketing calls or calls to a wireless number, then you may makea do not call request either during a call you receive from us or by callingback the phone number provided during the call. To opt out of such texts orphone calls, you may also email us at info@healthylabs.co witha request to stop receiving such texts or calls at a specified phone number.
You understand and agree that you may: (a) continue to receive communicationswhile Healthy Labs processes your opt-out request, (b) receive a communicationconfirming the receipt of your opt-out request, and (c) after opting out ofreceiving marketing messages, continue to receive certain non-marketingcommunications by email or to a non-wireless number, such as confirmations orupdates related to your account, insurance application or policy, ortransactions through the Services.
You may correct or update your contact information, by contacting us at info@healthylabs.co.Additionally, once you have created an account with us online at www.healthylabs.co orone of our other sites on the Services that allow account creation, you mayupdate your name, email address, phone number (if part of your account) andpassword by clicking on the “My Account” or “Log In” or similar link on theWebsite and signing in using your email address and password.
4. PROHIBITED CONDUCTBY USING THE SERVICESYOUAGREE NOT TO: · · Submit false or misleading information; · Use the services for any illegal purpose or in violation of any local, state,national, or international law, rule, or regulation; · Violate any right of a third party, including by infringing ormisappropriating any third-party intellectual property right or submitting anyinformation without that party’s understanding and express consent; · Post, upload, or distribute any content that is unlawful, defamatory,libelous, inaccurate, hateful, or otherwise inappropriate; · Interfere with the operation of the website and services or any user’senjoyment of the services, including by: (a) uploading or otherwisedisseminating any virus, adware, spyware, worm, or other malicious code;(b)making any unsolicited offer or advertisement to another user of theservices;(c) attempting to collect personal information about another user orthird party without consent; or (d) interfering with or disrupting any network,equipment, or server connected to or used to provide the services, or violatingany regulation, policy, or procedure of any such network, equipment, orserver; · Interfere with security-related features of the website and services,including by: (a) disabling or circumventing features that prevent or limit useor copying of any content; or (b) reverse engineering or otherwise attemptingto discover the source code of any portion of the website and services exceptto the extent that the activity is expressly permitted by applicable law; · Commit any action which could give rise to civil liability; or· Commit any action that interferes with, blocks, or otherwise harms theWebsite, Services or Healthy Labs.
5. THIRD-PARTY SERVICES AND LINKED WEBSITESHealthy Labs may providetools through the Services that enable you to export information to thirdparties, including to Affiliates. By using one of these tools, you agree thatwe may transfer that information to the applicable third-party serviceprovider. Third party services are not under our control, and we are notresponsible for any third-party service’s use of your exported information. TheServices may also contain links to third-party websites, which are also notunder our control, and you agree we are not responsible for their content.
6. ADDITIONAL TERMSPlease read the Healthy Labs Privacy Policy carefullyfor information relating to our collection, use, storage and disclosure of yourpersonal information. The Healthy Labs Privacy Policy is incorporated by thisreference into, and made a part of, these Terms.
Your use of the Services is subject to all additional terms, policies, rules,or guidelines applicable to the Services or certain features of the Servicesthat we may post on or link to from the Services (the “SupplementalTerms”),such as end-user license agreements for any downloadable softwareapplications, or rules that are applicable to a particular feature or contenton the Services. All Supplemental Terms are incorporated bythis referenceinto, and made a part of, these Terms.
We reserve the right, at our discretion, to change these Terms on agoing-forward basis at any time. Please check these Terms periodically forchanges. If a change to these Terms materially modifies your rights orobligations, you may be required to indicate your assent to the modified Terms.Notwithstanding the foregoing, any use of the Services after the Terms aremodified constitutes your acceptance of the modified Terms. Disputes arisingunder these Terms will be resolved in accordance with the version of theseTerms that was in effect at the time the dispute arose.
7. PROPRIETARY RIGHTSThe Services are owned andoperated by Healthy Labs and its Affiliates. The Website contains andreferences trademarks, patents, trade secrets, technologies, products,processes, or other proprietary rights of Healthy Labs. No license or right toor in any such trademarks, patents, trade secrets, technologies, products, processes,and other proprietary rights of Healthy Labs and/or other parties is granted toor conferred upon you. Third party logotypes, brand marks, and service marksare the property of their respective owners. The visual interfaces, graphics,design, compilation, information, data, computer code (including source code orobject code), products, software, Services, and all other elements of theServices (“Materials”) provided by Healthy Labs are protected by intellectualproperty and other laws. All Materials included in the Services are theproperty of Healthy Labs or our third-party licensors. Except as expresslyauthorized by Healthy Labs, you may not make use of the Materials. Healthy Labsreserves all rights to the Materials not granted expressly in these Terms. Youmay not establish a hypertext “link” to the Website and/or distribute, modifyor re-use the text or graphics of the Website unless you obtain prior expresswritten permission from Healthy Labs.
If you choose to provideinput and suggestions regarding problems with or proposed modifications orimprovements to the Services (“Feedback”), then you hereby grant Healthy Labsan unrestricted, perpetual, irrevocable, non-exclusive, fully-paid,royalty-free right to exploit the Feedback in any manner and for any purpose,including to improve the Services and create other products and Services.
Healthy Labs reserve all the rights to the Website contents, and may at ourdiscretion change the contents of the Website, or restrict access to certainsections of the Website, or to discontinue any aspect of the Services,including, but not limited to content, features, providers and hours ofavailability, without notice or penalty.
8. DISCLAIMERS OF WARRANTIESTHE SERVICES AND ALLMATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” ANDON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHEREXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, HEALTHY LABSDISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TOTHE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES,INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANT-ABILITY, FITNESS FOR APARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANYWARRANTY ARISING OUT OF COURSE OF DEALING, USAGE,OR TRADE. TO THE FULLESTEXTENT PERMITTED BY LAW, HEALTHY LABS DOES NOT WARRANT THAT THE SERVICES OR ANYPORTION OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THESERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS,VIRUSES, OR OTHERHARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BECORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THESERVICES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATEANY WARRANTY REGARDING THE WEBSITE OR THE SERVICES THAT IS NOT EXPRESSLY STATEDIN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISK FORANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALINGWITH ANY OTHER SERVICES USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGHTHE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES, AND USE,ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICESAND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND, TOTHE FULLEST EXTENT PERMITTED BY LAW, THAT YOU ARE SOLELY RESPONSIBLE FOR ANYDAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USEDIN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USEOF THE SERVICES OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
The Website and Materialsare for informational purposes only. No Material is intended to be a substitutefor professional medical advice, diagnosis, or treatment. Always seek theadvice of your physician or other qualified health provider with any questionsyou may have regarding a medical condition. Never disregard professionalmedical advice or delay in seeking it because of something you have read on theServices. If you think you may have a medical emergency, call your doctor or911 immediately. Healthy Labs does not recommend or endorse any specific tests,physicians, products, procedures, opinions, insurance coverage or otherinformation that may be mentioned on the Services. Reliance on any informationprovided by Healthy Labs Parties or other visitors to the Services is solely atyour own risk.
9. INDEMNIFICATION AND LIMITATION OF LIABILITYTo the fullest extentpermitted by law, you are responsible for your use of the Services, and youwill defend and indemnify Healthy Labs and its officers, directors, employees,consultants, affiliates, subsidiaries, agents, business partners and otherthird parties permitted to receive your information under Healthy Labs PrivacyPolicy (together, the “HealthyLabs Parties”) from and against every claim, liability, damage, loss, andexpense, including reasonable attorneys’ fees and costs, arising out of or inany way connected with: (a) your access to, use of, or alleged use of, theServices;(b) your violation of any portion of these Terms, any representation,warranty, or agreement referenced in these Terms, or any applicable law orregulation;(c) your violation of any third-party right, including anyintellectual property right or publicity, confidentiality, other property, orprivacy right; or (d) any dispute or issue between you and any third party. Wereserve the right, at our own expense, to assume the exclusive defense andcontrol of any matter otherwise subject to indemnification by you (withoutlimiting your indemnification obligations with respect to that matter), and inthat case, you agree to cooperate with our defense of that claim.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HEALTHY LABS PARTIESBE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL ORPUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHERINTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, ORYOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ONTHE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY HEALTHY LABS PARTIESHAVE BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. TO THE FULLEST EXTENTPERMITTED BY LAW, AND THE AGGREGATE POTENTIAL LIABILITY OF THE HEALTHY LABSPARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANYINABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS,WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100. EACH PROVISION OFTHESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OFWARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKSBETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENTOF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS ISSEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THELIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITSESSENTIAL PURPOSE.
10. GOVERNING LAWThese Terms are governedby the laws of the State of California without regard to conflict of lawprinciples. Subject to the arbitration provision in Section 11, if a lawsuit orcourt proceeding is permitted under these Terms, then you and Healthy Labsagree to submit to the personal and exclusive jurisdiction of the state courtsand federal courts located within Los Angeles, California for the purpose oflitigating any dispute.
11. ARBITRATION You and Healthy Labs agree that except where limited or prohibited by law, anydispute arising out of or in any way related to these Terms or your use of theServices will be resolved by binding arbitration by the American ArbitrationAssociation(“AAA”). This agreement to arbitrate disputes includes all claimsarising out of or in any way related to these Terms or your use of theServices, whether based in contract, tort, statute, fraud, misrepresentation,or any other legal theory, and regardless of whether a claim arises during orafter the termination of these Terms. If the dispute is finally resolvedthrough arbitration in your favor, Healthy Labs will pay you the highest of thefollowing: (i) the amount awarded by the arbitrator, if any; (ii) the lastwritten settlement amount offered by Healthy Labs in settlement of the disputeprior to the arbitrator’s award; or (iii) $1,000.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HEALTHYLABS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASSACTION.
You may opt out of this Arbitration provision by notifying Healthy Labsinwriting of your decision, either by sending, within thirty (30) days of thedate you accept these Terms, (1) an electronic message to legal@healthylabs.co,statingclearly your name and intent to opt out of the Arbitration provision or (2) aletter sent by overnight mail to: Legal, 9744 Wilshire Blvd, Suite 305, BeverlyHills, CA90212. You have the right to consult with counsel of your choiceconcerning this Arbitration provision, and will not be subject to retaliationif you exercise your right to opt out of coverage under Arbitration provision.
If this Section 11 is found to be unenforceable or you opt out of thearbitration clause as set forth above, the exclusive jurisdiction and venuedescribed in Section 10 will govern any action arising out of or related tothese Terms or your use of the Services.
12. GENERAL
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and HealthyLabs regarding your use of the Services. Except as expressly permitted above, these Terms maybe amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign theseTerms at anytime without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of theseTerms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in theseTerms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the fullest extent permitted bylaw, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 2, 3, and 6 through12, along with the Privacy Policy and any other accompanying agreements, will survive.
13. CONTACT USI
f you have any questions about Healthy Labs or our Website, Services, Privacy Policy or Terms, you may contact us at: 8605 Santa Monica Blvd., PMB38903, West Hollywood, CA 90069-4109 or by emailing us at info@healthylabs.co.
