User Conduct & Participation
The Site and its contents, including but not limited to articles, newsletters, forums, blogs, comments, promotional language, graphical images, interactive applications, and the user interface (the “Content”) are the property and copyrighted material of CEV Health, its licensors, vendors and partners. “Content” also includes any material from the Site that CEV Health delivers to you through e-mail. You may display the Content and otherwise use the Site solely for your personal, noncommercial use. You may not modify, copy, distribute, forward, display, repost, reprint, sublicense, create derivative works from, transfer, quote or sell any content except as expressly permitted by copyright law, The Digital Millennium Copyright Act or as expressly permitted in this Site Agreement. Any Content you add to the Site becomes property of CEV Health to use without limitation, or any payment required to you, acknowledgment or consent from you, for any purpose whatsoever. CEV Health reserves the right to edit, remove or alter any Content You add to the site as it deems necessary and without your consent.
You agree to not use the Site to:
a. Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, a CEV Health employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
e. Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
g. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
h. Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j. Intentionally or unintentionally violate any applicable local, state, national or international law;
k. Harass another user;
l. Collect or store personal data about other users.
m. Take advantage of promotional offers in a manner inconsistent with fair use of such promotion as detailed in the promotion rules. In the event of such abuse, CEV Health reserves the right to take action to prevent such activity, including, but not limited to, terminating the Membership and Site privileges of the user.
Username, Password and Security
You will choose a username and password during the CEV Health order process (in some cases these will be automatically assigned; you can change your username and password from your member profile page). You are responsible for maintaining the confidentiality of the password and your account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify CEV Health of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log off from your account at the end of each session. CEV Health cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Your account is for your personal use only and may only be used by you and your immediate family members living with you in your home.
Purchase Of Services
By using the Site you acknowledge and agree that CEV Health and its Partners shall have no liability for any cost, damage or harm arising directly or indirectly in connection with any of the Services ordered or received through this Site or through links on this Site or from any action or inaction of any Partner.
You may have the option to purchase Services over this Site using a credit card by sending that information over the Internet. This Site uses encryption technology to protect the information from access by unauthorized third parties. However, neither CEV Health, nor any Partner can guarantee that the encryption technology will operate as intended or that a third party will not be able to access such information. If you have any concerns about sending such information over the Internet, you may call CEV Health to place your subscription or other orders by telephone. By sending any sensitive information over the Internet in connection with your use of this Site, you agree that neither CEV Health nor any Partner will have any liability if the applicable encryption technology fails to protect your information.
Unless you notify CEV Health that you do not wish to renew your Membership, CEV Health will automatically renew your membership each month and bill the then-current renewal fee to your designated billing source.
Right to Cancel Paid-for Membership
You have the right to cancel your Membership at any time. You may cancel at any time and receive a full refund of your current month’s paid membership fee by calling 1 phone number or writing to CEV Health address Attention: Membership Services. If you cancel a paid Membership during your trial, you will owe nothing more. If you cancel a paid Membership at anytime thereafter, you will receive a refund of your then-current month’s paid membership fee. You will remain liable for any other fees, purchases or charges to be paid pursuant to this Agreement.
Coupons and Discounts
Disclaimer of Warranty; Limitation of Liability
CEV Health does not guarantee the accuracy, integrity or quality of Content. Under no circumstances will CEV Health be liable in any way for any Content, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the CEV Health Site Content. You expressly agree that use of CEV Health and all of its content and function is at your sole risk. Neither CEV Health, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that CEV Health will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of CEV Health, or as to the accuracy, reliability or content of any information, service, or merchandise provided through CEV Health.
CEV Health is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. User specifically acknowledges that CEV Health is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user. CEV Health will not be held responsible for the performance of marketing or fulfillment partners including travel, merchandise or financial incentive offers made as an inducement to join CEV Health; in no case will CEV Health’s liability to a Member exceed its cost for such incentive offer.
In no event will CEV Health, or any person or entity involved in creating, producing or distributing CEV Health or the CEV Health software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use CEV Health. User hereby acknowledges that the provisions of this section shall apply to all content on the site.
In addition to the terms set forth above neither, CEV Health, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or inauthenticity of, the information contained within CEV Health, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
This site may automatically produce search results or contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). CEV Health is not responsible for the availability of, or the content located on or through, any External Site. CEV Health does not endorse the content (or software) of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against CEV Health for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. In addition, should you link to any third party site you will be bound by the terms and conditions that apply on that site.
Governing Law, Arbitration
This Site Agreement, and the respective rights and obligations of the parties here under, shall be governed by, and construed in accordance with, the laws of the State of Michigan. If there is a dispute between you and CEV Health, either of us may elect to have it resolved by proceeding in small claims court or by final and binding arbitration administered by the National Arbitration Forum, or the American Arbitration Association, under their rules for consumer arbitration. All disputes in arbitration will be handled just between the named parties, and not on any representative or class basis. YOU ACKNOWLEDGE THAT THIS MEANS THAT YOU MAY NOT HAVE ACCESS TO A COURT OR JURY. The terms of this Section shall survive any termination, cancellation or expiration of this Agreement.
CEV Health reserves the right to change this Site Agreement at any time by revising the terms and conditions herein. You are responsible for regularly reviewing these terms and conditions and your use of the Site following any such change constitutes your acceptance of such changes.
CEV Health reserves the right to modify or improve the Site at any time at its sole discretion without notice to users. CEV Health may deny access to the Site to anyone at any time.
This Site Agreement shall include any additional terms, conditions, notices, policies or disclaimers provided by CEV Health, its licensors, vendors or partners in specific areas of the Site. However, in the event of a conflict between such terms and this Site Agreement, the terms of this Site Agreement shall prevail.
CEV Health, at its option, may communicate with You regarding the CEV Health service by mail, by telephone or by electronic communications. CEV Health may communicate with You electronically by means of electronic mail to the email address You provide when You sign-up for the CEV Health service and/or postings to the CEV Health website. CEV Health may communicate electronically to You the following types of communications: Membership Terms and Conditions (including any amendments thereto), notices or disclosures regarding the CEV Health service, payment and billing authorizations, and other matters relating to your use of the CEV Health service.
You may contact CEV Health via the Website contact function to request another electronic copy of an electronic communication without a fee. You may request a paper copy of the terms of the payment authorization, and CEV Health may charge you a fee to provide such paper copy. You may update your contact information when logged-in to your Site profile, and opt-out via links within email communications to withdraw your consent to receive marketing-oriented electronic communications. CEV Health reserves the right to terminate your use of the Service if You decline or withdraw your consent to receive electronic communications from CEV Health.
You will need the following software and hardware to access the CEV Health Service and electronic communications sent to You by CEV Health as part of your CEV Health membership: Windows(r) XP, Service Pack 2 or later, or Macintosh OS X 10.0 or later personal computer, Internet access, a working email address, and compatible Internet Browser (Internet Explorer version 7.0 or a later version, Firefox 3.0 or later, Chrome 3.0 or later). HTML-capable email client (Gmail, Yahoo mail, Thunderbird, Outlook Express, Outlook, Eudora, Apple Mail (OS X 10.0+ native application), etc. Internet browsers, email clients and operating systems other than supported versions as described herein may not perform as expected when using the CEV Health Service, and CEV Health is not responsible for these unpredictable results. To retain copies of electronic communications, you must print a copy using a printer attached to your computer, or save an electronic copy to your computers disk or other storage device.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
Thank you for visiting and using CEV Health.com.