HEALTHY HEARTS PLUS II (“HHP II,” “US,” OR “WE”) RESPECTS
YOUR PRIVACY. OUR WEBSITES AND MOBILE APPS PROVIDE
CONVENIENT WAYS FOR YOU TO ACCESS OUR SERVICES AND
LEARN ABOUT IMPORTANT HEALTHY HEARTS PLUS II
OPPORTUNITIES AND EVENTS. WE COLLECT INFORMATION ABOUT
OUR ONLINE VISITORS BOTH DIRECTLY AND INDIRECTLY FROM
OTHER COMPANIES THAT PROVIDE DATA TO US. WE USE THIS
INFORMATION TO COMMUNICATE WITH OUR SUPPORTERS AND
CLIENTS AND PROCESS THEIR TRANSACTIONS AND SHARE
ANONYMOUS INFORMATION COLLECTED THROUGH OUR
WEBSITES: HTTPS://WWW.HEALTHYHEARTSPLUS2.COM,
HTTPS://SISTERCIRCLEAPP.COM, (EACH A “WEBSITE” AND
COLLECTIVELY, “WEBSITES”), THIS PRIVACY POLICY (“PRIVACY
POLICY”) SETS FORTH THE PRIVACY PRACTICES AND POLICIES
GOVERNING OUR WEBSITES.

INFORMATION YOU PROVIDE US

WHEN YOU USE OUR WEBSITES OR APPS TO MAKE A FINANCIAL
CONTRIBUTION, REGISTER FOR A CLASS OR SPECIAL EVENT, SIGN
UP TO VOLUNTEER, APPLY FOR A JOB, OR MAKE A DONATION
APPOINTMENT, WE MAY ASK YOU FOR YOUR NAME, ADDRESS,
PHONE NUMBER(S), AND OTHER INFORMATION RELEVANT TO THE
TRANSACTION. WE WILL ASK FOR STANDARD CREDIT CARD
INFORMATION WHEN YOU MAKE A FINANCIAL DONATION, PAY FOR
A CLASS, OR MAKE A PURCHASE. WE OBTAIN INFORMATION
ABOUT OUR ONLINE VISITORS FROM OTHER SOURCES AS WELL.
FOR EXAMPLE, WE ENGAGE VENDORS THAT PROVIDE CONTACT
INFORMATION AND OTHER DATA. WE USE THIS DATA TO HELP US
ENGAGE WITH PEOPLE WHO MAY BE INTERESTED IN
PARTICIPATING IN HEALTHY HEARTS PLUS II ACTIVITIES OR
CONTRIBUTING TO HEALTHY HEARTS PLUS II MISSION.

PERSONAL INFORMATION”, IS ANY INFORMATION THAT ENABLES US
TO IDENTIFY YOU, DIRECTLY OR INDIRECTLY, BY REFERENCE TO
AN IDENTIFIER SUCH AS YOUR NAME, IDENTIFICATION NUMBER,
LOCATION DATA, ONLINE IDENTIFIER OR ONE OR MORE FACTORS
SPECIFIC TO YOU. PERSONAL INFORMATION INCLUDES “SENSITIVE
PERSONAL INFORMATION” AND “PSEUDONYMISED PERSONAL
INFORMATION” BUT EXCLUDES ANONYMOUS INFORMATION OR
INFORMATION THAT HAS HAD THE IDENTITY OF AN INDIVIDUAL
PERMANENTLY REMOVED.
BY USING OR ACCESSING OUR WEBSITES OR BY PROVIDING
PERSONAL INFORMATION TO US ON OR THROUGH THESE
WEBSITES, YOU CONSENT TO THE COLLECTION, USE, TRANSFER
AND DISCLOSURE OF THAT INFORMATION IN ACCORDANCE WITH
THIS PRIVACY POLICY AND APPLICABLE LAW.
WE ALSO COLLECT NON-PERSONAL INFORMATION ABOUT OUR
ONLINE VISITORS USING “COOKIES”, PIXELS, WEB BEACONS, AND
OTHER TECHNOLOGIES THAT OPERATE AUTOMATICALLY WHEN
YOU VISIT OUR WEBSITE. WE USE THIS INFORMATION TO GIVE OUR
WEBSITE VISITORS A MORE RELEVANT ONLINE EXPERIENCE AND
TO HELP US MAKE WEBSITE IMPROVEMENTS. THE INFORMATION
HELPS US UNDERSTAND WHICH PARTS OF OUR WEBSITES ARE
THE MOST POPULAR, WHERE OUR ONLINE VISITORS ARE GOING,
AND HOW LONG THEY SPEND THERE. IF YOU DO NOT WANT US TO
COLLECT INFORMATION USING COOKIES, YOU CAN DISABLE THIS
FUNCTION IN YOUR BROWSER. IF YOU BLOCK COOKIES FROM US,
HOWEVER, YOU MAY NOT BE ABLE TO SEE PERSONALIZED
CONTENT AND OUR WEBSITE MAY NOT FUNCTION OPTIMALLY.

MOBILE APPLICATIONS

WHEN YOU USE ONE OF OUR MOBILE APPLICATIONS, WE MAY
COLLECT INFORMATION FROM YOU DIRECTLY OR USING
AUTOMATED MEANS. WHEN YOU USE OUR DELIVERY MOBILE
APPLICATIONS, WE COLLECT THE FOLLOWING INFORMATION THAT
ENABLES US TO PROVIDE THE EMERGENCY NOTIFICATION
SERVICES YOU HAVE REQUESTED:
       ● INFORMATION ABOUT YOUR DEVICE, INCLUDING DEVICE IDENTIFIERS AND THE DEVICE’S CURRENT OPERATING SYSTEM,
      ● THE LOCATIONS YOU ARE MONITORING SO YOU CAN RECEIVE INFORMATION ABOUT DELIVERIES IN THOSE LOCATIONS,
      ● YOUR CURRENT, APPROXIMATE LOCATION, IF YOU HAVE EXPRESSLY INDICATED YOU WISH TO RECEIVE INFORMATION ABOUT EMERGENCIES IN YOUR LOCATION. IN ADDITION, IF YOU
ALLOW OUR APPS TO COLLECT LOCATION INFORMATION WHILE THE APPS ARE RUNNING IN THE BACKGROUND, WE MAY BE ABLE TO SEND YOU MESSAGE AND PROMOTIONS ALERTS FOR AREAS IN WHICH YOU MAY BE TRAVELING.
      ● WHEN YOU USE OUR BOOKING ONLINE APPLICATIONS, WE AUTOMATICALLY COLLECT THE FOLLOWING INFORMATION:
     ● INFORMATION ABOUT YOUR DEVICE, INCLUDING DEVICE IDENTIFIERS AND THE DEVICE’S CURRENT OPERATING SYSTEM,
    ● YOUR CURRENT, APPROXIMATE LOCATION, IF YOU HAVE EXPRESSLY INDICATED YOU WISH TO RECEIVE INFORMATION ABOUT OTHER FOOD SOURCES NEAR YOU.
WHEN YOU USE OUR HEALTHY HEARTS PLUS II APP, (“OUR APP”) WE
AUTOMATICALLY COLLECT INFORMATION ABOUT YOUR DEVICE,
INCLUDING DEVICE IDENTIFIERS AND THE DEVICE’S CURRENT
OPERATING SYSTEM. IF YOU CHOOSE, YOU CAN PROVIDE A NAME,
PICTURE AND BADGES. WHEN YOU USE OUR APP, WE MAY ALSO ASK
FOR INFORMATION ABOUT YOUR BIRTH PLAN, INFANT FEEDING, OR
HOSPITAL ADMISSIONS, SCHEDULING AND OTHER SERVICE-RELATED
INFORMATION.

SOCIAL NETWORKING AND COMMUNITY

WHEN YOU GIVE US PERMISSION, WE HAVE ACCESS TO, BUT WILL
NOT COLLECT OR STORE, YOUR CONTACT LIST, INCLUDING PHONE
NUMBERS AND IMAGES.WHEN YOU USE OUR MOBILE APPLICATION
AND/ OR COMMUNITY AND MAKE AN ACCOUNT, WE ASK FOR YOUR
NAME, EMAIL ADDRESS, DATE OF BIRTH, AND ZIP CODE. IF YOU
CHOOSE, YOU CAN INCLUDE A PHOTO, YOUR ADDRESS, AND YOUR
PHONE NUMBER. WE ALSO AUTOMATICALLY COLLECT THE
FOLLOWING INFORMATION THAT ENABLES US TO HELP SCHEDULE
APPOINTMENTS AT A CONVENIENT LOCATION:
       ● INFORMATION ABOUT YOUR DEVICE, INCLUDING DEVICE IDENTIFIERS AND THE DEVICE’S CURRENT OPERATING SYSTEM,
      ● YOUR CURRENT, APPROXIMATE LOCATION, IF YOU HAVE EXPRESSLY INDICATED YOU WISH TO RECEIVE INFORMATION ABOUT DONATION APPOINTMENTS IN YOUR LOCATION.

FINANCIAL TRANSACTIONS

WE USE A VARIETY OF SECURITY MEASURES TO PROTECT YOUR DATA.
WE MAINTAIN PHYSICAL, ELECTRONIC AND PROCEDURAL SAFEGUARDS TO HELP PREVENT UNAUTHORIZED ACCESS TO AND
IMPROPER USE OF PERSONALLY IDENTIFIABLE INFORMATION.
WE PROTECT THE SECURITY OF CREDIT CARD TRANSACTIONS USING A NUMBER OF MEASURES SUCH AS ENCRYPTION, ACCESS CONTROLS, NETWORK FIREWALLS, AND PHYSICAL SECURITY. THESE MEASURES MAKE IT EXTREMELY DIFFICULT FOR ANYONE TO INTERCEPT THE CREDIT CARD INFORMATION YOU SEND TO US. WHEN WE WORK WITH OTHER COMPANIES TO PROCESS CREDIT CARD TRANSACTIONS,
THOSE COMPANIES ALSO USE ENCRYPTION AND OTHER APPROPRIATE SECURITY MEASURES.
NO WEBSITE OR ELECTRONIC DATA CAN EVER BE COMPLETELY SECURE, BUT WE ARE ALWAYS WORKING TO MAINTAIN UP-TO-DATE AND APPROPRIATE SECURITY MECHANISMS.

SITE USE

IF YOU PROVIDE HEALTHY HEARTS PLUS II WITH PERSONAL INFORMATION WHEN YOU VISIT OUR WEBSITES OR USE OUR MOBILE
APPS, WE MAY USE THE INFORMATION IN OUR PROGRAMS AND ACTIVITIES. WE MAY ENTER YOUR INFORMATION INTO ONE OF OUR DATABASES SO WE CAN CONTACT YOU TO OBTAIN YOUR INPUT, PROVIDE INFORMATION ABOUT OUR PROGRAMS AND EVENTS, REQUEST DONATIONS, OR PROVIDE A MORE PERSONALIZED ONLINE EXPERIENCE.
HEALTHY HEARTS PLUS II DOES NOT SELL, TRADE, OR SHARE OUR DONORS’ OR PARTICIPANTS PERSONALLY IDENTIFIABLE INFORMATION WITH ANY OTHER ENTITY, EXCEPT AS DESCRIBED BELOW. WE DO NOT
SEND MAILINGS TO OUR DONORS OR PARTICIPANTS ON BEHALF OF
OTHER COMPANIES UNLESS THE PARTY HAS GIVEN US SPECIFIC PERMISSION TO DO SO.
ON OCCASION, HEALTHY HEARTS PLUS II MAY SHARE YOUR INFORMATION WITH OUR VENDORS AND OTHER PARTNERS THAT HELP
US WITH OUR ACTIVITIES AND PROGRAMS. FOR EXAMPLE, WE SHARE INFORMATION WITH VENDORS THAT HELP US FULFILL ORDERS, MANAGE DATA, AND PROCESS DONATIONS AND CREDIT CARD PAYMENTS. THESE VENDORS ARE BOUND BY STRICT CONFIDENTIALITY RULES AND ARE PERMITTED TO USE THE INFORMATION ONLY TO SUPPORT HEALTHY HEARTS PLUS II OPERATIONS. WE ALSO DISCLOSE INFORMATION AS REQUIRED BY LAW.

DATA ETHICS

WE MAY USE SOFTWARE TOOLS TO MEASURE AND COLLECT SESSION INFORMATION, INCLUDING PAGE RESPONSE TIMES, LENGTH OF VISITS TO CERTAIN PAGES, PAGE INTERACTION INFORMATION, AND METHODS
USED TO BROWSE AWAY FROM THE PAGE. WE ALSO COLLECT PERSONALLY IDENTIFIABLE INFORMATION (INCLUDING NAME, EMAIL, PASSWORD, COMMUNICATIONS); PAYMENT DETAILS (INCLUDING CREDIT CARD INFORMATION), COMMENTS, FEEDBACK, PRODUCT REVIEWS, RECOMMENDATIONS, AND PERSONAL PROFILE. HEALTHY HEARTS PLUS II IS COMMITTED TO PROTECTING YOUR RIGHT TO PRIVACY OF YOUR HEALTH DATA, ACCURACY AND PRECISION IN PROCESSING YOUR INFORMATION. WE HAVE  PROCEDURES TO CHECK FOR ERRORS, AND OUR SYSTEMS ARE PERIODICALLY AUDITED TO MAKE SURE WE PROCESS YOUR INFORMATION SECURELY AND ACCURATELY.

NOTE TO ABOUT OUR PRIVACY POLICY

HEALTHY HEARTS PLUS II HAS A VARIETY OF PROGRAMS FOR FAMILIES, INCLUDING MOBILE APPS. WE MAY BE CONNECTED TO
GOOGLE BIG QUERY VIA OUR RELATIONSHIPS WITH THE HOSTING PROVIDER OF THE DOMAIN SISTERCIRCLEAPP.COM.

ACTIONS. WE HOPE THAT FAMILIES AND PARENTS WILL VISIT OUR WEBSITES AND USE OUR APPS AND COMMUNITY EXPERIENCES TOGETHER SO THEY CAN JOINTLY LEARN ABOUT HEALTHY HEARTS PLUS II AND OPPORTUNITIES FOR FAMILIES TO PARTICIPATE. HEALTHY HEARTS PLUS II APP MAY COLLECT PERSONALLY-IDENTIFYING INFORMATION FROM PEOPLE UNDER AGE 13, ONLY AFTER ASCERTAINING THE MINORS GUARDIAN/PARENT AND OBTAINING AUTHORIZATION TO DO SO.

OUR APPS AND COMMUNITY EXPERIENCES AUTOMATICALLY COLLECT DATA ABOUT USERS’ DEVICES TO GIVE USERS A CUSTOMIZED EXPERIENCE AND HELP US MAKE CONTENT IMPROVEMENTS, BUT THIS
DATA IS NOT IDENTIFIABLE TO AN INDIVIDUAL.

TO UNSUBSCRIBE/OPT-OUT

TO UNSUBSCRIBE FROM HEALTHY HEARTS PLUS II PHONE CALLS, E-MAILS, TEXTS OR MAIL, OR TO LET US KNOW HOW YOU WOULD LIKE US TO CONTACT YOU, PLEASE SEND AN EMAIL TO THE FOLLOWING ADDRESSES:
         ● UNSUBSCRIBE: WELLNESS@HEALTHYHEARTSPLUS2.COM

CONTACT US ABOUT PRIVACY

IF YOU HAVE QUESTIONS ABOUT THIS PRIVACY POLICY, YOU MAY SEND US AN EMAIL AT WELLNESS@HEALTHYHEARTPLUS2.COM OR WRITE TO: HEALTHY HEARTS PLUS II 705 TWIN RIDGE ROAD RICHMOND VIRGINIA 23227

TERMS OF USE

THIS TERMS OF USE AGREEMENT (THIS “AGREEMENT”) IS A LEGAL
AGREEMENT BETWEEN YOU AND HEALTHY HEARTS PLUS II (“HEALTHYHEARTSPLUS2,” “US,” “WE,” OR “OUR”) GOVERNING YOUR USE OF OUR WEBSITES: WWW.HEALTHYHEARTSPLUS2.COM (EACH A “WEBSITE” AND COLLECTIVELY THE “WEBSITES”). BY USING OR ACCESSING A WEBSITE OR DOWNLOADING MATERIALS FROM A WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.
                  ■ UPDATES TO THIS AGREEMENT
                  ■ AUTHORIZED USE
                  ■ INTELLECTUAL PROPERTY RIGHTS
                  ■ USER-SUBMITTED INFORMATION
                  ■ SECURE USER ACCOUNTS
                  ■ CHANGES TO THE WEBSITES
                  ■ THIRD-PARTY CONTENT
                  ■ LINKS TO THIRD-PARTY WEBSITES
                  ■ SOCIAL MEDIA PAGES
                  ■ NOTICE OF COPYRIGHT INFRINGEMENT
                  ■ OTHER POLICIES AND TERMS
                  ■ TERMINATION
                  ■ CHILD PRIVACY
                  ■ DISCLAIMER OF WARRANTY
                  ■ LIMITATION OF LIABILITY
                  ■ INDEMNITY
                  ■ CONSENT TO COMMUNICATION
                  ■ EFFECT OF INVALIDITY
                  ■ WAIVERS
                  ■ INTERNATIONAL USERS
                  ■ CHOICE OF LAW
                  ■ CONTACT

UPDATES TO THIS AGREEMENT

WE MAY REVISE OR OTHERWISE CHANGE OR UPDATE THIS AGREEMENT. PLEASE CHECK THE “LAST UPDATED” LEGEND AT THE TOP OF THIS PAGE TO SEE WHEN THIS AGREEMENT WAS LAST REVISED. CHANGES WILL BECOME EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED. A CURRENT VERSION OF THIS AGREEMENT SHOWING THE EFFECTIVE DATE IS ALWAYS AVAILABLE AT THIS LOCATION. WE ENCOURAGE YOU TO PERIODICALLY REVIEW THIS AGREEMENT TO SEE IF THERE HAVE BEEN ANY CHANGES THAT MAY AFFECT YOU. IF YOU DO NOT AGREE TO THIS AGREEMENT AS MODIFIED, THEN YOU MUST DISCONTINUE YOUR USE OF THE WEBSITES. YOUR CONTINUED USE OF A WEBSITE WILL SIGNIFY YOUR CONTINUED AGREEMENT TO THIS AGREEMENT AS IT MAY BE REVISED FROM TIME TO TIME. AUTHORIZED USE WHILE USING A WEBSITE, YOU ARE REQUIRED TO COMPLY WITH ALL APPLICABLE STATUTES, ORDERS, REGULATIONS, RULES, AND OTHER LAWS. YOU MAY NOT USE A WEBSITE FOR ANY FRAUDULENT OR UNLAWFUL PURPOSE, AND YOU MAY NOT TAKE ANY ACTION TO INTERFERE WITH A WEBSITE OR ANY OTHER USER’S USE OF A WEBSITE. IN ADDITION, WE EXPECT USERS OF THE WEBSITES TO RESPECT THE RIGHTS AND DIGNITY OF OTHERS. BY WAY OF EXAMPLE AND NOT OF LIMITATION, YOU MAY NOT (AND YOU EXPRESSLY AGREE THAT YOU WILL NOT) DO ANY OF THE FOLLOWING, WHICH VIOLATE THIS AGREEMENT:

                ■ POST, UPLOAD, SHARE, TRANSMIT, DISTRIBUTE, FACILITATE DISTRIBUTION OF OR OTHERWISE MAKE AVAILABLE TO OR THROUGH A WEBSITE ANY UNLAWFUL, INFRINGING, HARMFUL, HARASSING, DEFAMATORY, THREATENING, INTIMIDATING, FRAUDULENT, TORTIOUS, VULGAR OR OTHERWISE OBJECTIONABLE MATERIAL OF ANY KIND, INCLUDING UNAUTHORIZED OR UNSOLICITED ADVERTISING;
                ■ REPRODUCE, DUPLICATE OR COPY ANY PORTION OF A WEBSITE, EXCEPT AS AUTHORIZED BY THIS AGREEMENT;
                ■ SELL, RESELL OR OTHERWISE EXPLOIT FOR ANY COMMERCIAL PURPOSES, THE USE OF OR ACCESS TO A WEBSITE OR ANY PORTION THEREOF WITHOUT THE PRIOR WRITTEN CONSENT OF HEALTHYHEARTSPLUS2;
                ■ IMPERSONATE ANY PERSON OR ENTITY, FALSELY STATE OR OTHERWISE MISREPRESENT YOUR AFFILIATION WITH ANY PERSON OR ENTITY IN CONNECTION WITH A
WEBSITE, OR EXPRESS OR IMPLY THAT WE ENDORSE ANY STATEMENT YOU MAKE;
                ■ REMOVE ANY COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY RIGHTS NOTICE FROM THE WEBSITES OR MATERIALS ORIGINATING FROM THE WEBSITES;
                ■ VIOLATE OR ATTEMPT TO VIOLATE THE SECURITY OF A WEBSITE;
                ■ DISSEMINATE ON A WEBSITE ANY VIRUSES, WORMS, SPYWARE, ADWARE OR OTHER MALICIOUS COMPUTER CODE, FILE OR PROGRAM THAT IS HARMFUL, INVASIVE OR MAY OR IS INTENDED TO DAMAGE OR HIJACK THE OPERATION OF, OR MONITOR THE USE OF, ANY HARDWARE, SOFTWARE OR EQUIPMENT;
                ■ USE ANY DATA MINING, BOTS, SPIDERS, AUTOMATED TOOLS OR SIMILAR DATA GATHERING AND EXTRACTION METHODS, DIRECTLY OR INDIRECTLY, ON A WEBSITE OR TO COLLECT ANY INFORMATION FROM A WEBSITE OR ANY OTHER USER OF A WEBSITE; OR
                ■ ASSIST OR PERMIT ANY PERSONS IN VIOLATING THIS AGREEMENT OR APPLICABLE STATUTES, ORDERS, REGULATIONS, RULES, AND OTHER LAWS GOVERNING THE USE OF THE WEBSITES.

 

INTELLECTUAL PROPERTY RIGHTS

ALL CONTENT (“CONTENT”) AVAILABLE THROUGH THE WEBSITES HEALTHYHEARTSPLUS2.COM AND SISTERCIRCLEAPP.COM IS PROTECTED BY COPYRIGHTS, TRADEMARKS OR OTHER PROPRIETARY RIGHTS AND LAWS. EXCEPT AS SET FORTH HEREIN OR OTHERWISE AGREED IN WRITING BY HEALTHY HEARTS PLUS II OR OTHER RIGHTS OWNER(S), THE USE OF ANY CONTENT AVAILABLE ON A WEBSITE IS STRICTLY PROHIBITED. HEALTHY HEARTS PLUS II SEEKS TO ENSURE THAT PUBLIC ACCOUNTING FIRMS, ISSUERS, BROKERS, DEALERS, INVESTORS AND THE GENERAL PUBLIC HAVE READY ACCESS TO THE RULES AND STANDARDS OF HEALTHYHEARTSPLUS2, AS WELL AS TO THE FORMS, RELEASES, ORDERS, NOTICES, GUIDANCE, REPORTS, PAPERS AND SIMILAR MATERIALS THAT HEALTHY HEARTS PLUS II DISSEMINATES TO THE PUBLIC THROUGH THE WEBSITES (“HEALTHY HEARTS PLUS II PUBLIC MATERIALS”). SUBJECT TO THIRD-PARTY COPYRIGHT NOTED ON THE WEBSITES, HEALTHY HEARTS PLUS II THEREFORE ALLOWS, AND WILL NOT ASSERT COPYRIGHT INFRINGEMENT CLAIMS BASED SOLELY ON, THE USE, PUBLICATION, DISPLAY OR DISTRIBUTION OF ALL OR ANY PORTION OF SUCH HEALTHY HEARTS PLUS II PUBLIC MATERIALS.

YOU MAY USE HEALTHY HEARTS PLUS II PUBLIC MATERIALS FROM THE WEBSITES EXPLICITLY MADE AVAILABLE BY HEALTHY HEARTS PLUS II FOR PUBLIC USE, PROVIDED THAT YOU (A) KEEP INTACT ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES; (B) USE HEALTHY HEARTS PLUS II PUBLIC MATERIALS PURSUANT TO ANY ASSOCIATED LICENSES; (C) OBTAIN CONSENT OF ANY APPLICABLE PARTY WITH RESPECT TO THIRD-PARTY COPYRIGHT, AS NECESSARY, (D) USE APPROPRIATE ATTRIBUTION WHERE FEASIBLE (E.G. “SOURCE: HEALTHY HEARTS PLUS II, WWW.HEALTHYHEARTSPLUS2.COM); (E) MAKE NO MODIFICATIONS TO HEALTHY HEARTS PLUS II . PUBLIC MATERIALS; (F) DO NOT MAKE ANY ADDITIONAL REPRESENTATIONS OR WARRANTIES RELATING TO HEALTHY HEARTS PLUS II PUBLIC MATERIALS ON BEHALF OF HEALTHYHEARTSPLUS2; AND (G) DO NOT USE HEALTHY HEARTS PLUS II PUBLIC MATERIALS IN ANY WAY THAT HEALTHY HEARTS PLUS II DEEMS INAPPROPRIATE OR INADVISABLE IN ITS SOLE DISCRETION.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.

USER-SUBMITTED INFORMATION

YOU ARE RESPONSIBLE FOR ANY CONTENT YOU TRANSMIT THROUGH OUR WEBSITES. YOU AGREE, REPRESENT AND WARRANT THAT ANY CONTENT YOU TRANSMIT THROUGH OUR WEBSITES OR TO US IS TRUTHFUL, ACCURATE, NOT MISLEADING AND OFFERED IN GOOD FAITH, AND THAT YOU HAVE THE RIGHT TO TRANSMIT SUCH CONTENT. YOU SHALL NOT UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON OR THROUGH A WEBSITE ANY CONTENT PROTECTED BY COPYRIGHT, TRADEMARK OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE OWNER OF SUCH RIGHT(S) OR THE AUTHORITY TO DO SO. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES RESULTING FROM ANY INFRINGEMENT OF COPYRIGHT, TRADEMARK OR OTHER PROPRIETARY RIGHTS, OR ANY OTHER HARM RESULTING FROM SUCH A SUBMISSION.

WE DO NOT WANT YOU TO, AND YOU SHOULD NOT, SEND ANY CONFIDENTIAL OR PROPRIETARY CONTENT TO US UNLESS (A) TRANSMITTED PURSUANT TO HEALTHYHEARTSPLUS2’S REGULATORY ACTIVITIES; (B) SPECIFICALLY REQUESTED BY US, INCLUDING AS PART OF AN APPLICATION FOR HEALTH CARE SERVICES WITH HEALTHY HEARTS PLUS II; OR (C) PROVIDED AS TIPS/REFERRALS/COMPLAINTS, INCLUDING THOSE SUBMITTED THROUGH OUR WEB-BASED FORMS, REQUESTS FOR FEEDBACK, OR ONLINE REFERRALS. PLEASE NOTE THAT ANY CONTENT SENT TO HEALTHY HEARTS PLUS II OTHER THAN PURSUANT TO (A)-(C) ABOVE WILL BE DEEMED NOT TO BE CONFIDENTIAL OR PROPRIETARY.

BY SUBMITTING CONTENT, OTHER THAN PERSONALLY IDENTIFIABLE INFORMATION OR BANK ACCOUNT INFORMATION RELATED TO PAYMENTS MADE THROUGH THE WEBSITES, YOU GRANT TO HEALTHY HEARTS PLUS II (OR WARRANT THAT THE OWNER OF SUCH CONTENT HAS EXPRESSLY GRANTED TO HEALTHYHEARTSPLUS2) A ROYALTY-FREE, PERPETUAL, IRREVOCABLE AND UNRESTRICTED RIGHT AND LICENSE (A) TO USE, REPRODUCE, DISPLAY, MODIFY, ADAPT, PUBLISH, TRANSLATE, TRANSMIT, DISTRIBUTE OR OTHERWISE MAKE AVAILABLE TO OTHERS SUCH CONTENT (IN WHOLE OR IN PART AND FOR ANY PURPOSE) WORLDWIDE AND/OR TO INCORPORATE IT IN OTHER WORKS IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR HEREAFTER DEVELOPED; (B) TO EXERCISE ALL COPYRIGHT, TRADEMARK, PUBLICITY, PRIVACY AND OTHER PROPRIETARY RIGHTS WITH REGARD TO SUCH CONTENT; AND (C) TO USE YOUR NAME, LIKENESS AND/OR OTHER BIOGRAPHICAL INFORMATION IN ANY AND ALL MEDIA AND/OR COMMUNICATIONS. YOU ALSO AGREE THAT HEALTHY HEARTS PLUS II IS FREE TO USE ANY IDEAS, CONCEPTS, KNOW-HOW OR TECHNIQUES THAT YOU SEND TO US FOR ANY PURPOSE.

SECURE USER ACCOUNTS

CERTAIN PORTIONS OF OUR WEBSITES ARE ACCESSIBLE ONLY TO USERS WHO HAVE BEEN GRANTED ACCESS AND GIVEN LOGIN CREDENTIALS (“SECURE USERS”). IF YOU ARE A SECURE USER, YOU AGREE TO ACCURATELY MAINTAIN AND UPDATE ANY INFORMATION ABOUT YOURSELF AND YOUR ACCOUNT THAT YOU HAVE PROVIDED TO HEALTHYHEARTSPLUS2 APP.

YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR SECURE USER ACCOUNT. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR LOGIN CREDENTIALS AND YOU AGREE NOT TO SHARE YOUR LOGIN CREDENTIALS WITH ANY UNAUTHORIZED PARTIES. YOU ALSO AGREE TO NOTIFY US PROMPTLY OF ANY UNAUTHORIZED USE OF YOUR LOGIN CREDENTIALS OR ANY OTHER BREACH OF SECURITY THAT YOU BECOME AWARE OF INVOLVING OR RELATING TO A WEBSITE BY EMAILING US AT WELLNESS@HEALTHYHEARTSPLUS2.COM.

HEALTHY HEARTS PLUS II RESERVES THE RIGHT TO TAKE ANY AND ALL ACTION, AS IT DEEMS NECESSARY OR REASONABLE TO MAINTAIN THE SECURITY OF THE WEBSITES AND YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION, TERMINATING YOUR ACCOUNT, CHANGING YOUR PASSWORD OR REQUESTING INFORMATION TO AUTHORIZE TRANSACTIONS ON YOUR ACCOUNT. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

CHANGES TO THE WEBSITES

WE MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITES, ADD OR REMOVE FEATURES, OR TERMINATE A WEBSITE AT ANY TIME WITHOUT NOTICE. WE (A) RESERVE THE RIGHT (BUT HAVE NO OBLIGATION) TO CHANGE THE CONTENT OR OTHER OFFERINGS ON THE WEBSITE, AT ANY TIME WITHOUT ANY NOTICE OR LIABILITY TO YOU OR ANY OTHER PERSON; AND (B) DO NOT WARRANT THAT INFORMATION ON THE WEBSITES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSIONS AND DISCLAIMERS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU.

THIRD-PARTY CONTENT

ANY INFORMATION, STATEMENTS, OPINIONS OR OTHER CONTENT PROVIDED BY THIRD PARTIES AND MADE AVAILABLE ON OUR WEBSITES ARE THOSE OF THE RESPECTIVE AUTHOR(S) AND NOT HEALTHYHEARTSPLUS2. WE DO NOT GUARANTEE THE VALIDITY, ACCURACY, TRUTHFULNESS, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY SUCH INFORMATION, STATEMENTS, OPINIONS OR OTHER CONTENT ON OUR WEBSITES PROVIDED BY THIRD PARTIES. UNDER NO CIRCUMSTANCE WILL HEALTHY HEARTS PLUS II BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, BY YOUR RELIANCE ON ANY SUCH THIRD-PARTY CONTENT.

LINKS TO THIRD-PARTY WEBSITES

HEALTHY HEARTS PLUS II MAY PROVIDE ON THE WEBSITES, SOLELY AS A CONVENIENCE TO USERS, LINKS TO WEBSITES OPERATED BY THIRD PARTIES. IF YOU USE THESE LINKS, YOU WILL LEAVE OUR WEBSITES. IF YOU DECIDE TO VISIT ANY LINKED WEBSITE, YOU DO SO AT YOUR OWN RISK AND IT IS YOUR RESPONSIBILITY TO TAKE ALL PROTECTIVE MEASURES TO GUARD AGAINST VIRUSES OR OTHER DESTRUCTIVE ELEMENTS. HEALTHY HEARTS PLUS II DOES NOT MAKE ANY WARRANTY OR REPRESENTATION REGARDING, OR ENDORSE OR OTHERWISE SPONSOR, ANY LINKED WEBSITES OR THE INFORMATION APPEARING THEREON OR ANY OF THE PRODUCTS OR SERVICES DESCRIBED THEREON. LINKS DO NOT IMPLY THAT HEALTHY HEARTS PLUS II IS LEGALLY AUTHORIZED TO USE ANY TRADEMARK, TRADE NAME, LOGO OR COPYRIGHT SYMBOL DISPLAYED IN OR ACCESSIBLE THROUGH THE LINKS, OR THAT ANY LINKED WEBSITE IS AUTHORIZED TO USE ANY TRADEMARK, TRADE NAME, LOGO OR COPYRIGHT SYMBOL OF HEALTHY HEARTS PLUS II. YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.

SOCIAL MEDIA PAGES

HEALTHY HEARTS PLUS II MAY MAINTAIN A PRESENCE ON SOCIAL MEDIA WEBSITES, INCLUDING FACEBOOK, YOUTUBE, LINKEDIN AND TWITTER (COLLECTIVELY, “SOCIAL MEDIA PAGES”), TO PROVIDE A PLACE FOR THE PUBLIC TO LEARN MORE ABOUT HEALTHY HEARTS PLUS II AND TO SHARE COMMENTS. ALL COMMENTS, VISUALS AND OTHER MATERIALS POSTED BY VISITORS TO OUR SOCIAL MEDIA PAGES DO NOT NECESSARILY REFLECT THE OPINIONS OR IDEAS OF HEALTHYHEARTSPLUS2. ALL VISITORS TO OUR SOCIAL MEDIA PAGES MUST COMPLY WITH THE RESPECTIVE SOCIAL MEDIA WEBSITE’S TERMS OF USE. WE REVIEW SOME BUT NOT ALL POSTINGS TO OUR SOCIAL MEDIA PAGES, AND MAY REMOVE POSTINGS THAT WE DETERMINE ARE INAPPROPRIATE OR OFFENSIVE.
            a. WE MAY USE THE PERSONAL INFORMATION YOU GIVE US, THAT WE COLLECT THROUGH SOCIAL NETWORKING ACTIVITIES, AND THAT WE RECEIVE THROUGH FINANCIAL TRANSACTIONS:
                         i. TO CARRY OUT OUR OBLIGATIONS ARISING FROM YOUR REGISTRATION AND ANY OTHER AGREEMENT ENTERED INTO BETWEEN YOU AND US;
                        ii. TO IDENTIFY YOU AND COMMUNICATE WITH YOU;
                       iii. TO UPDATE AND COMMUNICATE WITH YOU REGARDING YOUR ACCOUNT AS REQUIRED;
                       iv. TO PROVIDE YOU WITH THE INFORMATION AND SERVICES YOU REQUEST FROM US;
                       v. TO CONDUCT OUR REGULATORY ACTIVITIES AND TO CONDUCT RESEARCH AND ANALYSIS;
                      vi. TO RESPOND TO YOUR QUESTIONS AND PROVIDE RELATED SERVICES;
                     vii.TO IMPROVE HEALTHY HEARTS PLUS II WEBSITES;
                    viii. TO ENHANCE YOUR EXPERIENCE WITH HEALTHY HEARTS PLUS II’S OUTREACH;
                      ix. TO COMMUNICATE WITH YOU ABOUT NEW OR EXISTING HEALTHY HEARTS PLUS II ACTIVITIES AND OTHER INFORMATION THAT HEALTHY HEARTS PLUS II BELIEVES IS RELEVANT AND USEFUL TO ITS VISITORS, WHERE YOU HAVE NOT OPTED OUT OF RECEIVING SUCH INFORMATION;
                       x. TO SEND YOU THIRD PARTY INFORMATION THAT HEALTHY HEARTS PLUS II BELIEVES IS RELEVANT AND USEFUL TO YOU, WHERE YOU HAVE GIVEN YOUR CONSENT;
                      xi. TO NOTIFY YOU ABOUT CHANGES TO OUR ACTIVITIES OR RELATED SERVICES OR TO ASK YOU TO PROVIDE FEEDBACK;
                     xii.TO ENABLE YOU TO PARTICIPATE IN A CONFERENCE, SEMINAR OR COMPLETE A SURVEY;
                    xiii. TO ADMINISTER AND PROTECT OUR BUSINESS AND WEBSITES (INCLUDING TROUBLESHOOTING, DATA ANALYSIS, TESTING, SYSTEM MAINTENANCE, SUPPORT, REPORTING AND HOSTING OF DATA); OR
                    xiv. TO PROCESS AND CONSIDER YOU FOR HEALTH CARE SERVICES AT HEALTHYHEARTSPLUS2.
          b. WE USE THE AGGREGATE, ANONYMOUS SITE DATA COLLECTED TO PERFORM STATISTICAL ANALYSES OF THE COLLECTIVE CHARACTERISTICS AND BEHAVIOR OF VISITORS TO THE WEBSITES; TO MEASURE USER INTERESTS REGARDING SPECIFIC AREAS OF THE WEBSITES; AND TO ANALYZE HOW AND WHERE BEST TO USE OUR RESOURCES. WITHOUT SUCH DATA, WE WOULD NOT KNOW WHICH PARTS OF THE WEBSITES ARE THE MOST POPULAR, AND WE WOULD NOT BE ABLE TO CHANGE AND UPDATE THE CONTENT AND SERVICES APPROPRIATELY.

NOTICE OF COPYRIGHT INFRINGEMENT

IF YOU BELIEVE THAT ANY CONTENT ON A WEBSITE INFRINGES UPON ANY COPYRIGHT WHICH YOU OWN OR CONTROL, YOU MAY SEND A WRITTEN NOTIFICATION, CONTAINING THE INFORMATION REQUIRED UNDER 17 U.S.C. §512(C)(3), TO OUR DESIGNATED COPYRIGHT AGENT AS SET FORTH BELOW.

DESIGNATED COPYRIGHT AGENT: HEALTHY HEARTS PLUS II GENERAL COUNSEL

EMAIL: WELLNESS@HEALTHYHEARTSPLUS2.COM

IF ANY USER OF THE WEBSITES IS DEEMED TO BE A REPEAT COPYRIGHT INFRINGER, HEALTHY HEARTS PLUS II WILL TERMINATE SUCH USER’S LICENSE TO USE THE WEBSITES.

OTHER POLICIES AND TERMS

THIS AGREEMENT APPLIES EXCLUSIVELY TO YOUR ACCESS TO AND USE OF THE WEBSITES AND DOES NOT ALTER IN ANY WAY THE TERMS OR CONDITIONS OF ANY OTHER AGREEMENT OR REGULATORY OBLIGATION YOU MAY HAVE WITH HEALTHYHEARTSPLUS2. ADDITIONAL POLICIES AND TERMS MAY APPLY TO USE OF ALL OR PORTIONS OF THE WEBSITES AND ARE INCORPORATED BY REFERENCE INTO THIS AGREEMENT. PLEASE REFER TO AND REVIEW ALL ADDITIONAL SPECIFIC TERMS AND CONDITIONS AS APPLICABLE, INCLUDING HEALTHYHEARTSPLUS2 APP’S PRIVACY POLICY, WHICH DESCRIBES HOW WE COLLECT AND USE INFORMATION ON AND THROUGH THE WEBSITES.

TERMINATION

THE WEBSITES AND THIS AGREEMENT ARE IN EFFECT UNTIL TERMINATED BY HEALTHY HEARTS PLUS II . IN ADDITION TO ANY RIGHT OR REMEDY THAT MAY BE AVAILABLE TO HEALTHY HEARTS PLUS II UNDER APPLICABLE LAW, AND SUBJECT TO REGULATORY REQUIREMENTS, HEALTHY HEARTS PLUS II MAY SUSPEND, LIMIT OR TERMINATE ALL OR A PORTION OF YOUR ACCESS TO THE WEBSITES OR ANY OF THEIR FEATURES AT ANY TIME WITH OR WITHOUT NOTICE AND WITH OR WITHOUT CAUSE, INCLUDING WITHOUT LIMITATION, IF HEALTHY HEARTS PLUS II BELIEVES THAT YOU HAVE VIOLATED OR ACTED INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THIS AGREEMENT. THE PROVISIONS OF THIS AGREEMENT CONCERNING AUTHORIZED USE, INTELLECTUAL PROPERTY RIGHTS, USER-SUBMITTED INFORMATION, DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY AND INDEMNITY, AS WELL AS ANY OTHER PROVISIONS THAT BY THEIR NATURE SHOULD SURVIVE, SHALL SURVIVE ANY SUCH TERMINATION.

YOU AGREE THAT IF YOUR USE OF THE WEBSITES IS TERMINATED PURSUANT TO THIS AGREEMENT, YOU WILL NOT ATTEMPT TO USE A WEBSITE UNDER ANY NAME, REAL OR ASSUMED. YOU FURTHER AGREE THAT IF YOU VIOLATE THIS RESTRICTION AFTER YOUR USE OF THE WEBSITES IS TERMINATED, YOU WILL INDEMNIFY AND HOLD US HARMLESS FROM ANY AND ALL LIABILITY THAT WE MAY INCUR THEREFOR. WE RESERVE THE RIGHT TO HAVE ALL VIOLATORS PROSECUTED TO THE FULLEST EXTENT OF THE LAW.

CHILD PRIVACY

FOR MANY REASONS, IT IS CRITICAL TO USE CARE WHEN DEALING WITH PERSONAL DATA FROM KIDS, AND WE ENCOURAGE YOU TO CAREFULLY REVIEW ALL THE REQUIREMENTS FOR COMPLYING WITH LAWS LIKE THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (“COPPA”), THE EUROPEAN UNION’S GENERAL DATA PROTECTION REGULATION (“GDPR”), AND ANY OTHER APPLICABLE REGULATIONS OR LAWS. APPS MAY ASK FOR BIRTHDATE AND PARENTAL CONTACT INFORMATION ONLY FOR THE PURPOSE OF COMPLYING WITH THESE STATUTES, BUT MUST INCLUDE SOME USEFUL FUNCTIONALITY OR ENTERTAINMENT VALUE REGARDLESS OF A PERSON’S AGE.

IF YOU ARE UNDER THE AGE OF 18, HEALTHY HEARTS PLUS II WILL BE SECURING PARENTAL CONSENT TO COLLECT PERSONAL DATA UNDER PRIVACY STATUTES. INVITATIONS TO USE OR ACCESS THE WEBSITES ARE CONDITIONAL ON THIS CONSENT. WE MAY COLLECT OR USE PERSONAL INFORMATION FROM A PARENT OR GUARDIAN FOR ANYONE UNDER 18 YEARS OF AGE, AND WE WILL NOT KNOWINGLY DO SO WITHOUT AUTHORIZATION. IF WE ARE MADE AWARE THAT WE HAVE COLLECTED ANY UNAUTHORIZED PERSONAL INFORMATION FROM CHILDREN UNDER THE AGE OF 18 AND ARE ASKED TO DELETE SUCH INFORMATION FROM OUR SYSTEM, WE WILL PROMPTLY DO SO.

DISCLAIMER OF WARRANTY

HEALTHYHEARTSPLUS2 APP, DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY OF, OR OTHERWISE RESPECTING THE CONTENT AVAILABLE ON THE WEBSITES OR ANY OTHER WEBSITES LINKED TO OR FROM THE WEBSITES. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE WEBSITES IS DONE AT YOUR OWN RISK. THE CONTENT OF THE WEBSITES IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, HEALTHY HEARTS PLUS II DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

LIMITATION OF LIABILITY

HEALTHY HEARTS PLUS II AND EACH OF ITS BOARD MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE THE WEBSITES, THE WEBSITES’ CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURES. THE RELEASEES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

THE RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASEES SHALL NOT EXCEED
ONE HUNDRED DOLLARS ($100).

INDEMNITY

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS HEALTHY HEARTS PLUS II AND ITS BOARD MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) OR OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM (A) YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT; (B) YOUR ACTIVITIES IN CONNECTION WITH THE WEBSITES; OR (C) UNSOLICITED INFORMATION YOU PROVIDE TO HEALTHY HEARTS PLUS II THROUGH THE WEBSITES.

CONSENT TO COMMUNICATION

IF YOU PROVIDE US WITH A TELEPHONE NUMBER OR EMAIL ADDRESS, YOU EXPRESSLY AGREE THAT WE, OR OUR AUTHORIZED AGENTS, CAN USE THAT NUMBER OR EMAIL ADDRESS TO CONTACT YOU. WHEN YOU USE THE WEBSITES OR SEND EMAILS TO THE WELLNESS@HEALTHYHEARTSPLUS2.COM, YOU ARE COMMUNICATING WITH HEALTHY HEARTS PLUS II ELECTRONICALLY. YOU CONSENT TO RECEIVE ELECTRONICALLY ANY COMMUNICATIONS RELATED TO YOUR USE OF THE WEBSITES. WE MAY COMMUNICATE WITH YOU BY EMAIL OR BY POSTING NOTICES ON THE WEBSITES. YOU AGREE THAT ALL AGREEMENTS, NOTICES, DISCLOSURES AND OTHER COMMUNICATIONS THAT ARE PROVIDED TO YOU ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING. ALL NOTICES FROM HEALTHY HEARTS PLUS II INTENDED FOR RECEIPT BY A USER IN CONNECTION WITH THE WEBSITES SHALL BE DEEMED DELIVERED AND EFFECTIVE WHEN SENT TO THE EMAIL ADDRESS PROVIDED BY THE USER ON OR THROUGH THE WEBSITES.

EFFECT OF INVALIDITY

IN THE EVENT A COURT HAVING JURISDICTION FINDS ANY PORTION OF THIS AGREEMENT UNENFORCEABLE, THAT PORTION SHALL NOT BE EFFECTIVE AND THE REMAINDER OF THIS AGREEMENT SHALL REMAIN EFFECTIVE.

WAIVERS

NO WAIVER, EXPRESS OR IMPLIED, BY EITHER PARTY OF ANY BREACH OF OR DEFAULT UNDER THIS AGREEMENT WILL CONSTITUTE A CONTINUING WAIVER OF SUCH BREACH OR DEFAULT OR BE DEEMED TO BE A WAIVER OF ANY PRECEDING OR
SUBSEQUENT BREACH OR DEFAULT.

INTERNATIONAL USERS

THE WEBSITES ARE CONTROLLED, OPERATED AND ADMINISTERED BY HEALTHY HEARTS PLUS II (OR ITS LICENSEES) FROM ITS OFFICES WITHIN THE UNITED STATES OF AMERICA AND ARE NOT INTENDED TO SUBJECT HEALTHY HEARTS PLUS II TO THE LAWS OR JURISDICTION OF ANY STATE, COUNTRY OR TERRITORY OTHER THAN THAT OF THE UNITED STATES. HEALTHYHEARTSPLUS2 APP DOES NOT REPRESENT OR WARRANT THAT THE WEBSITES OR ANY PART THEREOF ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. THOSE WHO CHOOSE TO ACCESS THE WEBSITES DO SO ON THEIR OWN INITIATIVE AND AT THEIR OWN RISK, AND ARE RESPONSIBLE FOR COMPLYING WITH ALL STATUTES, ORDERS, REGULATIONS, RULES AND OTHER LAWS OF APPLICABLE JURISDICTIONS.

CHOICE OF LAW

YOU AGREE THAT ANY DISPUTE IN CONNECTION WITH THE WEBSITES, THIS AGREEMENT OR THE PRIVACY POLICY WILL BE GOVERNED BY THE LAWS OF THE STATE OF VIRGINIA AND THE UNITED STATES OF AMERICA. YOU ALSO CONSENT TO THE ADJUDICATION OF ANY DISPUTES ARISING IN CONNECTION WITH THE WEBSITES, THIS AGREEMENT, OR THE PRIVACY POLICY IN THE STATE AND FEDERAL COURTS LOCATED IN THE COMMONWEALTH OF VIRGINIA

CONTACT

IF YOU HAVE QUESTIONS ABOUT THIS AGREEMENT, OR IF YOU HAVE TECHNICAL QUESTIONS ABOUT THE OPERATION OF THE
WEBSITES, PLEASE CONTACT US VIA EMAIL AT:
WELLNESS@HEALTHYHEARTSPLUS2.COM.