Welcome to Silver&Fit®. This Web Site is owned and
operated by American Specialty Health Incorporated on behalf of itself and its subsidiaries
(hereinafter collectively referred to as "ASH" or "We").
READ CAREFULLY. BY USING THIS WEB SITE USER HEREBY AGREES TO BE BOUND BY THIS
AGREEMENT AND THE PRIVACY POLICY. USE OF SILVERANDFIT.COM IS STRICTLY SUBJECT TO
THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. This agreement explains
the terms and conditions governing usage of the Silver&Fit Web site, and it
is your responsibility to read and understand them. By using this Silver&Fit
Web site, you agree to be bound by these terms and conditions. If you do not agree
to be bound by these terms and conditions, you may not access or use this Web site.
THE WEB SITE 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 Web site 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 Web Site
and services are intended for educational purposes only. Products and services available
on this Web site are not insurance. This Web site expressly prohibits you from using
information and services on this Web site to diagnose, treat, cure, or prevent any
medical condition. Application or reliance on any of the content, techniques, ideas
and suggestions accessed through the Web site 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 Web site 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 Web Site. The information on this
Web Site is subject to change without notice and cannot be guaranteed to be current.
2. Health Information Disclaimer.
- The information provided on this Web site 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 Web Site 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 Web site. ASH shall not be
liable for any direct, indirect, consequential, special, exemplary, or other damages
that may result from the use of the Web site, 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 Web Site.
The information or products offered on this Web site 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 Web site 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.
3. Enrolling in the Silver&Fit Program through this web site.
As an eligible Silver&Fit program member, you have the option to enroll on-line
through this Web site. If your Medicare Advantage plan or other health plan requires
that you pay a copayment at the time of enrollment in Silver&Fit, you can make
the payment through on-line enrollment. If applicable, you are only required to
pay a co-pay 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. Any claims submitted
to ASH for payment of fitness facility membership dues will be denied if your copayment
has not been received by ASH. If you disenroll in the Silver&Fit program during
the benefit year, your copayment 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 Web site 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 Web site provide
services to you. The fitness facility directory on this Web site 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 Web site 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 Web site. You agree
that ASH will not be liable with respect to any product, service, or information
obtained through the Web site. 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 Web
site.
We may make certain products and services available to you through links to third-party
Web sites. Some products may be shipped from a third party vendor. Before you purchase
any products or services through any such third-party Web site 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.
Any interactive sections, including but not limited to, Health Trackers and Planners,
Exercise Planner, Meal Planner, and Silver&Fit Connected! (hereinafter collectively
named "Health Trackers and Planners"), contained in this Web site are designed to
give health information specifically related to the information you provided. You
agree that the information you enter for all Health Trackers and Planners is true
and correct, and that if any information changes, you will correct it. Information
you enter into Health Trackers and Planners is retained by ASH, but is not utilized
by ASH other than for interacting with you in delivering the services of the Web
site, or as otherwise authorized by you. If you have access to Silver&Fit Connected!,
you must pay your copayment to receive the monitoring device. ASH will replace the
device if it stops working during your initial benefit year. If the device is lost
or stolen during your initial benefit year, you must pay the replacement fee to
receive a new device. If the device stops working after the expiration of the initial
benefit year, you must pay another copayment to receive a new device. Use of these
Health Trackers and Planners and any interactions with ASH staff affiliated with
this Web site concerning these interactive tools or any services purchased over
the silverandfit.com Web site are for health education and information purposes
only. Use of the Health Trackers and Planners and any services provided to you do
not constitute medical or other health care advice and are not intended to replace
the diagnosis, treatment, and advice of your physician and other health care professionals.
For information regarding ASH’s other uses of your personal information, please
see paragraph #11 regarding the privacy policy.
7. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE 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 WEB SITE, YOUR USE OF THIS WEB SITE, OR ANY INFORMATION, DATA, OR OTHER
MATERIAL TRANSMITTED THROUGH OR RESIDING ON THIS WEB SITE, 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 WEB SITE.
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
WEB SITE 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 WEB SITE.
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 Web site. 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 Web site 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
Web site or any part of this Web site, 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
Web site and various products or services provided on this Web site.
9. Advertisers.
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 Web Site, 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 Web Site.
10. Links.
Third-party Web sites linked to this Web site are not under the control of ASH,
and ASH is not responsible for the content of any linked Web site or any link contained
in a linked Web Site, or any changes or updates to such Web sites. 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 Web site
or its products or services. ASH is not responsible for any activities that you
may engage in on any linked Web site, 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 Web site. Your linking to such Web sites 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 Web site. In addition,
you may not provide links to this Web site without the prior written permission
of Silver&Fit.
11. Not Intended for Minors.
This Web Site is not designed or intended for use by minors. Minors under the
age of 18 years old are not permitted to use this Web Site without the permission
and oversight of a parent or guardian.
12. Privacy Policy.
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 Web site 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 Web site 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 Web site.
14. Proprietary Information.
This Web site 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 Web site (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 Web Site 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 Web site 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 Web site is
copyrighted Copyright © 2004 - 2010, American Specialty Health Incorporated or its
licensors. All rights reserved.
15. Indemnification.
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
Web site.
16. System Integrity.
You may not use any device, software or routine to interfere or attempt to interfere
with the proper working of the Web site or any transaction conducted on the Web
site. You may not take any action that imposes an unreasonable or disproportionately
large load on our infrastructure.
17. Assignment.
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.
18. Notices.
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:
Silver&Fit
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.
20. Waiver.
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.
21. Modifications.
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.
- Web Site. This Web site 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 Web site at any time and without any notice to you.
All modifications made to the Agreement, Specific Terms or the Web site 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 Web site and services
after the effective date of any modifications constitutes an agreement to the modifications.
Each time you access the Web site, 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.
22. CHANGES TO THE PRIVACY POLICY.
Significant changes that affect the use of your personal information will not
be made until you are given notice of those changes. If we make changes to our privacy
policy as described in the Privacy Statement, we will post the revised Privacy Statement
on the Web site. Any use of the Web site and services after the effective date of
any changes to the Privacy Statement constitutes an agreement to the changes. Each
time you access the Web site, you will be deemed to have accepted any changes.
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 WEB SITE, EVEN IF SUCH TERMINATION OF CONNECTION AFFECTS ANY
PURCHASE OR OTHER ACTIVITY OF USER ON THIS WEB SITE.