REBEL HEALTH ALLIANCE TERMS OF USE AND SUBSCRIBER AGREEMENT
Last Modified: July 1, 2023
This terms of use ("Terms of Use") is entered into by and between you and RHA Systems A Incorporated, a Delaware corporation ("Rebel Health” "We" “Our” or "Us"). This Terms of Use governs your access and use of Our website made available at https://rebelhealthalliance.io (the "Site"), including any accounts (“Accounts”) and the Member Center portal (“Member Center”) available through our Site. Collectively, the Site, Member Center, and Accounts are referred to as the “Platform”. This Terms of Use only applies to the Rebel Health Platform, and no other affiliate or third-party website.
BY ACCESSING OR USING THE SITE, THE MEMBER CENTER, OR OTHERWISE CREATING OR USING AN ACCOUNT, YOU AGREE THAT (A) YOU HAVE READ, UNDERSTAND, AND AGREE TO COMPLY WITH THESE TERMS OF USE, WHICH ARE A BINDING AGREEMENT BETWEEN YOU AND REBEL HEALTH, AND (B) YOU ARE AT LEAST 18 YEARS OF AGE OR OLDER. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE PROHIBITED FROM USING THE PLATFORM.
REBEL HEALTH RESERVES THE RIGHT, AT ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY THESE TERMS OF USE AT ANY TIME. ALL CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE PLATFORM. BY ACCESSING OR USING THE PLATFORM AFTER CHANGES ARE POSTED, YOU AGREE TO THOSE CHANGES. HOWEVER, IF REBEL HEALTH MODIFIES THE ARBITRATION PROVISION BELOW, YOU MAY REJECT THAT CHANGE BY SENDING REBEL HEALTH WRITTEN NOTICE WITHIN THIRTY (30) DAYS OF OUR POSTING OF THE CHANGE, IN WHICH CASE YOU MUST IMMEDIATELY STOP USING THE PLATFORM.
THESE TERMS CONTAIN AN AGREEMENT BY YOU TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE REVIEW THE ARBITRATION SECTION BELOW SINCE YOU ARE GIVING UP CERTAIN RIGHTS, SUCH AS THE RIGHT TO A JURY TRIAL AND THE RIGHT TO SUE REBEL HEALTH IN A CLASS ACTION LAWSUIT.
- Privacy Policy. We may collect certain information about you when you access and use the Platform. Our collection and use of data is described in our https://rebelhealthalliance.io/privacy-policy/ If you do not agree to any collection, use or disclosure of your information as described in our https://rebelhealthalliance.io/privacy-policy/you should not access or use the Platform.
- Content. The Platform, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, ''Content'') are exclusively the property of Rebel Health or, as applicable, Rebel Health’s affiliates, vendors or licensors. Except for the rights expressly granted to you in these Terms of Use, Rebel Health retains all other ownership rights in the Platform and Content, including all intellectual property rights.
- Right to Use the Site. You may only use the Site and Content for your personal, non-exclusive use, so long as you comply with these Terms of Use and all other terms posted throughout the Site as applicable to you, and all applicable laws, rules, and regulations. You may only use the Site and the Content for their intended purposes for which they are made available to you by Rebel Health.
- Membership. In order to use Rebel Health services, you must agree to Our Subscription Services Agreement which this Terms of Use is incorporated into.
- Right to Use the Member Center and Accounts. Subject to your continued payment of applicable fees, We grant to you a nonexclusive, nontransferable, revocable right to access and use the Member Center, Account and the services therein to which you have subscribed and paid for, in the United States only, subject to your continued compliance with these Terms of Use, the Subscription Services Agreement and applicable laws, rules and regulations. You may only use the Member Center, your Account and the Content therein for their intended purposes for which they are made available to you by Rebel Health.
- Account. To use certain features of our Platform, you will be required to create an Account. When creating an Account, you will also be required to create a username and password and provide your name, state of residence, email address and any other information requested at such time. You are responsible for maintaining the confidentiality of your username and password. Do not share your username and password with any other person. You must immediately notify Us, using the contact information set forth below, of any unauthorized use of your login credentials or Account of which you become aware. You may not create an Account if you are under 18 years of age. You understand and agree that Rebel Health may monitor your Account and use of Our services.
- Platform Information. Rebel Health provides health and wellness support and coaching, and DOES NOT PROVIDE MEDICAL ADVICE. We provide the information on the Platform for general, informational purposes. While we use good faith efforts to keep the information on the Platform accurate, we do not guarantee it is accurate, up-to-date, or applicable to you. NOTWITHSTANDING THE FOREGOING, REBEL HEALTH MAY REFER CUSTOMER TO THIRD PARTY MEDICAL PROVIDERS, INCLUDING PHYSICIANS. ANY MEDICAL ADVICE MADE BY SUCH MEDICAL PROFESSIONAL IS THE ADVICE OF THE MEDICAL PROFESSIONAL DIRECTLY AND NOT THE ADVICE OF REBEL HEALTH. REBEL HEALTH EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, AND SHALL NOT BE HELD LIABLE FOR, ANY MEDICAL ADVICE RECEIVED BY CUSTOMER FROM ANY MEDICAL PROFESSIONAL.
- Offers. We may offer certain services through the Platform. All offers set forth on this Platform are void where prohibited and are subject to additional terms pertaining to the offers. The actual services may differ from those displayed or listed on the Platform, are subject to availability, and we may change services in our sole direction. WE RESERVE THE RIGHT TO CANCEL ANY SERVICES PURCHASED THROUGH OUR PLATFORM AND/OR YOUR ACCESS TO THE MEMBER CENTER AND YOUR ACCOUNT, IN OUR SOLE DISCRETION, FOR ANY REASON OR NO REASON, WITHOUT LIABILITY TO YOU. YOU AGREE TO HOLD US HARMLESS FOR ANY SUCH CANCELLATION.
- Text Messaging; Data Rates; Functionality. If you elect to receive text messages from us, either via our Platform or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us (each, a “Text Message”) which may be sent through an automatic telephone dialing system. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us. In addition to any fee of which you are notified, your mobile provider’s standard message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit SMS messages, you may not receive the Text Messages. Neither we nor the wireless carriers will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message will be used in accordance with our https://rebelhealthalliance.io/privacy-policy/ By signing-up to receive Text Messages, you are representing that you own or have the exclusive right to use the phone number you provide to us. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your Account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you.
- Use of Marks. Rebel Health owns certain trademarks, names, logos, insignia, or service marks (''Marks''). You do not have the right to use any Marks except as expressly agreed to in writing by Us. The Platform may also contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms of Use grants to you any rights in or to those third-party marks or materials without such third party’s consent.
- Intellectual Property Rights. The Platform and Content are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Rebel Health, or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. You are prohibited from any use of the Platform that is not expressly granted to you in these Terms of Use.
- Copyright Policy. We respect the intellectual property rights of others, and we ask that you do the same. We strive to expeditiously remove any infringing material from the Platform if we become aware of it.****
- Your Posts. If the Platform enables you to post or upload information, documents, videos, photos, comments or other materials to the Platform (“Your Posts”), you warrant that (a) you have all rights necessary to provide Your Posts to us, (b) Your Posts do not contain any viruses or other malicious code or malware, and (c) Your Posts do not include anything inappropriate, vulgar, offensive or illegal, and they otherwise comply with all other terms in this Terms of Use. You grant to Rebel Health and its affiliates and licensors a non-exclusive, transferable, worldwide right and license to access, use, publish, distribute, modify, create derivatives of, and otherwise use Your Posts in accordance with applicable laws and our https://rebelhealthalliance.io/privacy-policy/Career Opportunities. The Site may list certain career opportunities offered by Us. You must not send Us application materials for any person other than yourself. You warrant that all information contained in any resume or other materials you provide is current, accurate, and complete. Your submission of a resume or other materials does not in any way require Us to review those materials or consider you for employment. Career opportunity descriptions on the Site are subject to change at our sole discretion without notice.
- Compliance with Laws. In connection with your access to and use of the Platform, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.