Welcome to Silver&Fit®. This Website is owned and operated by American Specialty Health Incorporated on behalf of itself and its subsidiaries (hereinafter collectively referred to as "ASH" or "We").
THE WEBSITE OF SILVER&FIT IS NOT INTENDED TO PROVIDE INSTRUCTIONS IN THE EVENT OF AN EMERGENCY. IF YOU BELIEVE YOUR SYMPTOMS OR SITUATION IS LIFE-THREATENING, CALL 911 OR YOUR EMERGENCY MEDICAL SYSTEM IMMEDIATELY.
Important Note: The Website and services are in no way intended to be professional medical advice, or substitute for professional medical advice, nor do they provide medical services or a medical exam. Furthermore, the Website and services are intended for educational purposes only. Products and services available on this Website are not insurance. This Website expressly prohibits you from using information and services on this Website to diagnose, treat, cure, or prevent any medical condition. Application or reliance on any of the content, techniques, ideas and suggestions accessed through the Website is at your sole discretion and risk.
Important Note: It is expressly noted that some personal health improvement programs are not appropriate for individuals who have certain medical or other health conditions. YOU ARE STRICTLY RESPONSIBLE FOR SEEKING MEDICAL ADVICE FROM A PHYSICIAN PRIOR TO PARTICIPATING IN ANY PERSONAL HEALTH IMPROVEMENT PROGRAM DISCUSSED OR ADDRESSED IN SILVERANDFIT.COM. You hereby agree and understand that you may not be aware of a medical condition from which you suffer, and therefore you should not participate in the personal health improvement programs discussed in SilverandFit.com prior to seeking the advice of a physician.
Important Note: You should consult with your physician or pharmacist before taking any prescription or over-the-counter drugs (including any herbal medicines or dietary supplements) or following any treatment or regimen. Only your physician or pharmacist can provide you with advice on what is safe and effective for you.
1. General Information Disclaimer.
This Website does not make any warranty, express or implied, or assume any legal liability or responsibility for the completeness or usefulness, or the accuracy or quality of any information presented on this Website. The information on this Website is subject to change without notice and cannot be guaranteed to be current.
2. Health Information Disclaimer.
3. Enrolling in the Silver&Fit Program through this website.
- The information provided on this Website does not substitute for or replace services of trained professionals in their fields of expertise. ASH is not a medical provider and its staff cannot give you medical advice or provide any information concerning the diagnosis or treatment of any health condition. The information on this Website is of a general nature and is intended only for educational purposes to help with your personal fitness and healthy aging goals and should not be relied on as medical advice. We recommend consulting with a doctor on a regular basis with respect to any matter relating to physical or mental health, especially concerning symptoms that may require diagnosis or medical attention. Neither ASH nor any of its affiliates, licensors or suppliers make any representations or warranties concerning any treatment, action or application of medication or preparation by any person following the information provided on or through the Website. ASH shall not be liable for any direct, indirect, consequential, special, exemplary, or other damages that may result from the use of the Website, including, without limitation, any such damages with respect to any economic loss, injury, illness or death.
- You should not delay or forego seeking medical care from a licensed health care professional because of information that may be referenced on this Website. The information or products offered on this Website should not be used as a substitute for the diagnosis, advice or treatment of medical conditions by your health care professional.
- You agree that you will not use information provided on this Website to self-diagnose, treat, cure, or prevent any medical condition.
- The information contained herein has been devised generally and could be affected by certain cultural, social, dietary, or language differences.
As an eligible Silver&Fit program member, you have the option to enroll on-line through this Website. If your Medicare Advantage plan or other health plan requires that you pay a fee at the time of enrollment in the Silver&Fit Home Program, you can make the payment through on-line enrollment. If you are required to pay a fee for enrollment in a fitness facility, you can make the payment directly to the fitness facility. If applicable, you are only required to pay a fee once per benefit year at the time of enrollment. When enrolling on-line, you can pay by credit card. You will not receive any Silver&Fit program materials, including your Silver&Fit ID card, until payment is received. If you disenroll in the Silver&Fit program during the benefit year, your fee will not be reimbursed to you. For information regarding how we keep your payment information secure, please see the Privacy Statement posted on silverandfit.com.
4. Finding a Provider or Fitness facility.
The fitness facilities listed on this Website are independent contractors and are not employees or agents of ASH. ASH does not exercise any control or direction over the manner or method by which fitness facilities listed on this Website provide services to you. The fitness facility directory on this Website is for informational purposes only and is not intended to be an endorsement or recommendation of any fitness club or exercise center.
5. Product Purchases.
The Website does not endorse or warranty any product, including but not limited to any prescription or over-the-counter drug (including but not limited to any herbal medicines or dietary supplements) referenced or offered on this Website. You agree that ASH will not be liable with respect to any product, service, or information obtained through the Website. You hereby release ASH (and its affiliates, subsidiaries, and their respective officers, directors, agents, and employees) from any loss, claims or damages (including without limitation any direct, indirect, consequential, incidental, punitive, special or exemplary damages), whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that arise from or relate to any dissatisfaction you may have with any product, services or information obtained through the Website.
We may make certain products and services available to you through links to third-party Websites. Some products may be shipped from a third party vendor. Before you purchase any products or services through any such third-party Website or third-party shipping vendor, we urge you to carefully review any such third party's terms and conditions, privacy, security, return and guarantee policies.
6. INTERACTIVE TOOLS.
7. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND THE INFORMATION PROVIDED HEREIN IS ENTIRELY AT YOUR OWN RISK. ASH AND ITS AFFILIATES AND LICENSORS WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THIS WEBSITE, YOUR USE OF THIS WEBSITE, OR ANY INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THIS WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ASH, ITS AFFILIATES AND LICENSORS FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THIS WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY AND ALL INFORMATION CONTAINED ON THIS WEBSITE IS PROVIDED "AS IS," AND ASH AND ITS AFFILIATES AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE AND SUCH INFORMATION, SERVICES, PRODUCTS, CONTENT AND OTHER MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ASH DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ANY INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. PRICE AND AVAILABILITY INFORMATION FOR ANY PRODUCT OR SERVICE PROVIDED THROUGH THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
ASH DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT POSTED ON THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE AND THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUANCE OF YOUR USE OF THE WEBSITE.
8. User Password and Information.
You may elect to change your password during the registration process. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose. You are responsible for maintaining the confidentiality and security of any password(s) used to access this Website. You are also responsible for all activity that occurs under your password and should immediately notify SilverandFit.com of any unauthorized use of your password. You must also ensure that you exit from your account at the end of each session. In addition, you must provide SilverandFit.com with accurate, true, current, and complete information about yourself, and you must promptly provide any updates necessary to keep such information accurate, true, current and complete at all times. You may not impersonate another person or entity, and you may not use SilverandFit.com to harass or stalk another user. You agree that you will not use the Website for chain letters, junk mail, "spamming" solicitations (commercial or otherwise) or bulk communication of any kind. We cannot and will not be liable for any loss or damages arising from or relating to your failure to comply with any of the obligations in this paragraph.
ASH has the right, at any time, to immediately terminate, deactivate or delete a password, user account, all related information and files and/or access to this Website or any part of this Website, without any notice or incurrence of liability. This termination may occur for any reason, including, but not limited to failure to abide by this User Agreement, or any applicable law regarding the use of this Website and various products or services provided on this Website.
Your correspondence or business dealings with, or participation in promotions of, advertisers or providers of products or services found on or through this or any other ASH Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings are solely between you and such advertiser or provider. You agree that ASH shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or providers on this Website.
Third-party Websites linked to this Web site are not under the control of ASH, and ASH is not responsible for the content of any linked Website or any link contained in a linked Website, or any changes or updates to such Websites. ASH provides these links to you only as a convenience, and the inclusion of any link does not imply a financial or business relationship, or endorsement by ASH of the Website or its products or services. ASH is not responsible for any activities that you may engage in on any linked Website, including without limitation, purchase of products or services. Once you link to a third-party Web site, you will be subject to the Terms and Conditions of Use, Privacy Statement and/or Editorial Policy of that Website. Your linking to such Websites is at your own risk, and Silver&Fit is not responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on or through any such Website. In addition, you may not provide links to this Website without the prior written permission of Silver&Fit.
11. Not Intended for Minors.
This Website is not designed or intended for use by minors. Minors under the age of 18 years old are not permitted to use this Website without the permission and oversight of a parent or guardian.
Your privacy is important to us. To learn more about how ASH protects your personal health information and personally identifiable information, please refer to the Privacy Statement. ASH may use and/or provide your personal information to your employer, health plan, or other entities that have contracted with your employer or health plan to provide you with other health-related services on behalf of your employer and/or your health plan. In certain limited situations, ASH may be required to provide your employer with personal information to perform billing, eligibility, and other administrative functions. In these situations, ASH ensures that there are security blocks in place so that personal information is only disclosed to those employees who perform the benefit administration process described above. To learn more about how ASH protects personal health information and personally identifiable information, please refer to the Privacy Statement.
13. User Submissions.
Except as expressly provided in this User Agreement or the Privacy Statement, any other communication(s) or material(s) you transmit to this Website by electronic mail or other medium, including any questions, comments, or suggestions, is and will be treated as non-confidential and non-proprietary information and may be used by ASH, ASH’s vendors, or its affiliates or related entities for any purpose, including but not limited to, reproductions, disclosure, transmission, publication, broadcast, and postings. Furthermore, ASH, ASH’s vendors and its affiliates and related entities are free to use any information, ideas, concepts, inventions, or techniques contained in any communication you send to this Website for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services. If you wish to keep any information, ideas, concepts, inventions or techniques private or proprietary, do not submit them to this Website.
14. Proprietary Information.
This Website contains proprietary information, including, but not limited to, logos, service marks, trademarks, software, photos, videos, text, graphics, comments, feedback, ideas, templates, instructions, notes, drawings, articles and other materials, and the selection, assembly and arrangement of information on this Website (collectively, "Content"). Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks and other proprietary rights that are owned by ASH, ASH affiliates, or by third parties that have licensed their use to ASH. You may download material displayed on this Website for noncommercial, personal use only, including showing the print-out to your personal physician or pharmacist, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, use, reproduce, copy, distribute, modify, transmit, repost, display, publish, sell, license, create derivative works, assign or transfer any Content or information on this Web site for public or commercial purposes without ASH's prior written permission. Nothing on this Website shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of ASH, its affiliates, or any third party, whether by estoppel, implication, or otherwise.
Silver&Fit and the Silver&Fit logo are federally registered trademarks of American Specialty Health Incorporated. You shall not display, disparage, dilute, or taint our marks or use any confusingly similar marks or use our marks in such a way that would misrepresent who the proper owner of such marks is. Any permitted use of our marks by you shall inure to our benefit. Content of this Website is copyrighted Copyright © 2004 - 2010, American Specialty Health Incorporated or its licensors. All rights reserved.
You hereby agree to defend, indemnify, and hold harmless ASH and its affiliates, employees, officers, directors, agents, and licensors from and against any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, related to your violation of this User Agreement or any activity by you on this Website.
16. System Integrity.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction conducted on the Website. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
ASH may assign this User Agreement or any of its rights or obligations under this User Agreement, to any third party without your prior consent. This User Agreement will inure to the benefit of ASH’s successors, assigns and licensees.
All notices required or permitted by this User Agreement shall be in writing and may be delivered in person or may be sent by registered or certified mail to the following address:
P.O. Box 509117
San Diego, CA 92150-9117
19. Governing Law and Severability.
This User Agreement shall be construed, governed by, and enforced solely and exclusively in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions of your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of this User Agreement to be unenforceable, the remainder of this User Agreement will continue in full force and effect. You hereby agree that the courts located in the State of California, USA, will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this User Agreement and you hereby consent to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto.
Any waiver of any provision of the User Agreement will be effective only if in writing and signed by ASH. The failure of ASH to insist upon or enforce the strict performance of the terms of this User Agreement, or to exercise any right under this User Agreement, will not be considered as a waiver of the right to assert or rely upon any such provision or right in that or any other instance.
At any time, and without prior notice, ASH retains the right to modify the:
- Agreement. Modifications are made periodically and as necessitated in order to comply with all applicable laws and regulations.
- Specific Terms. Modifications are made periodically and as necessitated in order to comply with all applicable laws and regulations.
- Website. This Website or any part thereof, may be discontinued, modified or altered without prior notice and without incurring any liability. ASH reserves the right to change or discontinue any content, products, and services made available through the Website at any time and without any notice to you.
All modifications made to the Agreement, Specific Terms or the Website are effective immediately. Notice of modifications may be provided by any means, including but not limited to the posting of a revised Agreement on the Site. You are responsible for regularly reviewing this User Agreement and any Specific Terms for any changes that may affect your rights or obligations. Any use of the Website and services after the effective date of any modifications constitutes an agreement to the modifications. Each time you access the Website, you will be deemed to have accepted any modifications. All modifications are made exclusively by ASH and are not valid unless expressly agreed to by ASH.
23. Use Web Site At Own Risk.
THE SERVICES, PRODUCTS AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE ARE DONE AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCTS OR CONTENT. ASH IS NOT RESPONSIBLE FOR ANY TERMINATION OF YOUR CONNECTION TO THIS WEBSITE, EVEN IF SUCH TERMINATION OF CONNECTION AFFECTS ANY PURCHASE OR OTHER ACTIVITY OF USER ON THIS WEBSITE.