Terms and Conditions

Website Terms and Conditions of Use

You are accessing and using the Inspirus service offered directly through Inspirus.com, selectaward.com, or indirectly through a private labeled web site (the “Site”). The Inspirus service, however branded, (the “Service”) is provided by Inspirus, LLC, a Texas limited liability company (“Inspirus”). This is a legal agreement (this “Agreement”) between you and Inspirus and applies to your direct or indirect use of the Service offered through the Site.

1. Terms

By accessing the Site, you are agreeing to be bound by these Web Site Terms and Conditions of Use (these “Terms and Conditions”) and all applicable laws and regulations, and you agree that you are responsible for compliance with any applicable local laws and all applicable policies and procedures of your employer, subject to these Terms and Conditions (which shall govern over such policies and procedures in the event of any conflict). If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.

2. Use License

Permission is granted to view and download one copy of the materials (information or software) on the Site for personal, non-commercial transitory viewing only. This is a grant of a license, not a transfer of title, and under this license you may not:

  1. modify or copy the materials;
  2. use the materials for any commercial purpose or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer any software or content contained on the Site; or
  4. remove any copyright or other proprietary notations from the materials;

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Inspirus at any time for any or no reason. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimers

THE MATERIALS ON THE SITE ARE PROVIDED “AS IS.” INSPIRUS MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, INSPIRUS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON THE SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THE SITE. INSPIRUS DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, AND ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. INSPIRUS DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.

All the contents of the Site (“Content”) are for informational purposes only. A purpose of the Site and Service is to provide wellness-related content, information and services to users whose employers include such wellness-related services in their subscription for Services. Such Content, information and services are not intended to be substitutes for professional medical advice, diagnosis, or treatment. You should ask your doctor about any medical condition. Do not disregard professional medical advice or delay seeking it because of something you have read on the Site. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information provided by Inspirus, Inspirus employees, others appearing on the Site at the invitation of Inspirus, or other visitors to the Site is solely at your own risk.

4. Rules of Online Conduct

As a user of the Site, you agree that:

  1. You are solely responsible for the content or information you publish, display, or otherwise communicate in any manner (hereinafter, “post”) on the Service, or transmit to other users.
  2. You will not post on the Service, transmit to other users, or otherwise communicate any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually-oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Furthermore, you will not take actions to promote the physical harm or harassment of another person, engage in or promote spamming, provide information that you know is illegal, false or misleading, or designed to exploit those under 18, or otherwise provide instructional information about illegal activities including without limitation making or buying illegal weapons, identity theft, violating another's right to privacy or providing or creating malicious computer programs (malware).
  3. You will use the Service in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country in which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National,” or (iii) placed on the Commerce Department's Table of Deny Orders. Membership in, and use of, the Service is void where prohibited.
  4. You will not provide inaccurate, misleading or false information to Inspirus or to any other user. If information provided to Inspirus, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify Inspirus of such change.
  5. You will only create one unique profile with the Service.
  6. You will not engage in advertising to, or solicitation of, other users to buy or sell any products or services through the Service. You will not transmit any chain letters or e-mails that offer or promote commercial goods, services, business opportunities or the like to other users.
  7. You will not post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
  8. You are solely responsible for your interactions with other users. You agree to take normal precautions when meeting individuals through the Service.
  9. You understand that Inspirus makes no guarantees, either express or implied, regarding your wellbeing through the Service.
  10. You will promptly report to Inspirus any violation of the Terms of this Agreement by other users of which you become aware.
  11. Inspirus reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Service. Inspirus has the right to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of this Agreement.
5. Limitations

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INSPIRUS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR THE MATERIALS ON THE SITE, INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION), EVEN IF INSPIRUS OR AN INSPIRUS AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES. To the extent the foregoing limitations are not permitted by applicable law, the potential liability of Inspirus to you for any cause and under any legal theory will be limited to the amount paid by you (or by a third party on your behalf), if any, to Inspirus for your use of the Service. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

As a voluntary participant in the Inspirus platform and programs and all associated tasks, events and related content provided as part of the Inspirus platform and coaching offerings, on behalf of yourself, your personal representatives, heirs, next of kin, successors and assigns, you agree forever to:

  1. waive, release, and discharge Inspirus, its agents, officers, and employees from any and all negligence and liability for death, disability, personal injury, or claims of any nature which may hereafter accrue as a direct or indirect result of your participation in the programs, activities or events made available by Inspirus or otherwise through the Site; and
  2. indemnify Inspirus, its licensors and partners and their respective officers, directors, employees and agents from and against any and all claims, demands, liabilities, losses, damages, costs and expenses, including reasonable attorney's fees, that arise (i) from any content or data you post, transmit or link from on the Site, your misuse of the Site, including, but not limited to, your violation of these this Agreement, or your violation of any rights of any third party, or (ii) in any other manner from your use of the Site.

This release, indemnification, and waiver shall be construed broadly to provide a release, indemnification, and waiver to the maximum extent permissible under applicable law.

6. Revisions and Errata

The materials appearing on Inspirus’ website could include technical, typographical, or photographic errors. Inspirus does not warrant that any of the materials on its website are accurate, complete, or current. Inspirus may make changes to the materials contained on its website at any time without notice. Inspirus does not, however, make any commitment to update the materials.

7. Links

Inspirus has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Inspirus of the site. Use of any such linked website is at the user’s own risk.

8. Site Terms of Use Modifications

Inspirus may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then-current version of these Terms and Conditions of Use.

9. Copyright

You acknowledge that the Software, the technology underlying the Services, and all other software, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you in connection with your employer’s products (collectively, the “Company Content”) are the proprietary property of your employer and its affiliated and/or third party providers and suppliers (the “Third Parties”) and are protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws.

10. Governing Law

Any claim relating to Inspirus’ website shall be governed by the laws of the State of New York without regard to its conflict of law principles.

General Terms and Conditions applicable to Use of a Website.