Effective September 1, 2020.

CareValet Terms of Use and Privacy Policy

CareValet, LLC (“CareValet”) is committed to respecting the privacy of all persons using the CareValet.com website (the “Site”), the CareValet mobile application (the “App”) and the associated CareValet services (collectively, the Site, the App and the services shall be referred to herein as the “Service”). This Privacy Policy describes the information gathering and dissemination practices for the Service.

In order to use the Site, you are not required to provide any personally identifiable information (“PII”) or protected health information (“PHI”), as defined in the Health Insurance Portability and Accountability Act of 1996 and subsequent amendments (“HIPAA”). However, if you do provide any such information through the Site, this Privacy Policy will apply to CareValet’s use of such information. If you register as a member on the Service, CareValet will request that you provide certain limited personal information and you may provide certain PII or PHI through and in connection with your use of the Service, including if you elect to use certain services within the App and Site that are provided by third party vendors. The terms of this Privacy Policy will apply to CareValet’s handling of all such information.

  1. Collection and Use of Personal Information
    1. Account Information. When you register as a Member with the Service, we will ask you to provide us with your personal information, including, as applicable, your name, e-mail address, healthplan member ID, physical address, gender and birth date. You can opt whether or not to provide additional personal information when establishing your account, such as personal preferences and likes and dislikes relating to fitness and exercise activities.
    2. Usage data. We may collect and analyze information about your use of the Site and Service for the purposes of determining your compliance with the CareValet Terms of Use. We may also collect and analyze such information for statistical purposes. This information may be analyzed or aggregated to determine appropriate modifications and enhancements to the Site or Service or to customize your personal experience, including providing search results and information we believe appropriate based on your information.
    3. Use of IP Addresses. CareValet may use your IP address to help diagnose problems with our servers and to administer our service. Your IP address may be used with the IP addresses of other members to gather broad demographic information.
    4. Use of Cookies. We or our business partners may use “cookies” in connection with the Site and Service. Cookies are pieces of code that a Website places on an individual's hard drive for record-keeping purpose and to enhance a user’s experience. You may adjust your computer to disallow the storing of cookies. However, certain aspects of our site and service may not function properly if cookies are disabled. While CareValet may include links to other third-party websites as a convenience, including but not limited to advertisers, studio facilities, and social media providers, we have no control over these third parties, their privacy policies, or the content they display on their digital applications. We strongly encourage users to carefully review the privacy policy of each third-party site you may access from CareValet.
    5. Contests and Surveys. From time to time, we may run contests and promotions and conduct online surveys in which we ask you for contact information. We use contact data from our contests and surveys to send you information about our services and promotional material from some of our business partners. You may opt-out of receiving future emails relating to contests and surveys; see the choice/opt-out section below.
    6. Location Information. When you use the Services, we may collect certain location information from you. This information may consist of the location information you affirmatively provide in connection with becoming a Member or when registering for classes or other wellness activities. Your location information may also be collected automatically from your device. This location information may include your longitudinal and latitudinal coordinates. If you do not agree to this collection, you can change your privacy preferences on your device, but some functionality of the Services may be disabled.
    7. Information We Get from Others. We may get information about you from other sources. We may add this to information we get from the Service. If you register using a third party authenticator login (such as Facebook), you authorize us to access certain account information from the third party authenticator, such as your public profile (consistent with the third party’s privacy policy and your privacy settings related thereto), email address, interests, “likes,” gender, birthday, education history, work history, interests, current city, photos, videos, personal description, friend list, and other information from your use of the third party service. If you are using the Service as part of any offering from your employer, we may also receive certain information about you from your employer. Information we get from others (including third party data companies) may be combined with information you give us. Our Site and App contains links to other websites or apps. These are not under our control and are not subject to our privacy policy, and you will be required to agree to their separate terms of use and privacy practices. These links are provided solely for your convenience, and you acknowledge that your use of and access are solely at your risk.
    8. Payment Information. You may also make payments using the third-party payment services provider, such as Stripe, made available through the Service. In connection with making payments, you may be required to provide additional information to facilitate the transaction, such a bank account or credit card information. CareValet does not store or use this payment information in any way other than to relay the information to the third-party payment services provider to facilitate the transfer of funds. The third-party payment services provider’s use of such information shall be governed by its applicable terms of services and privacy policy.
    9. Web Beacons. CareValet may also use a technology called web beacons to collect general information about your use of our website and your use of special promotions or newsletters. The information we collect by web beacons allows us to statistically monitor the number of people who open our emails. Web beacons also help us understand the behavior of our customers and visitors. Our web beacons are not used to track your activity outside our website.
    10. Automatic Information. CareValet automatically receives information from your web browser or mobile device. This information includes the name of the website from which you entered our website, if any, as well as the name of the website to which you’ll go when you leave our website. This information also includes the IP address of your computer/proxy server that you use to access the Internet, your Internet service provider’s name, web browser type, type of mobile device, and computer operating system. CareValet uses all this information to analyze trends among our users to help improve our website.
    11. Google Ad and Content Network Privacy Policy. Third-party vendors, including Google, use cookies to serve ads based on a user's past visits to our website. Google's use of the DoubleClick cookie enables it and its partners to serve ads to our users based on their visit to our site and/or other sites on the Internet. Users may opt out of the use of the DoubleClick cookie for interest-based advertising by visiting http://www.aboutads.info/choices/
    12. Google Analytics Privacy Policy. CareValet website uses Google Analytics to collect information about the use of our site. Google Analytics collects information such as how often users visit our site, what pages they visit, and what other sites they used prior to coming to our site. CareValet uses the information we get from Google Analytics to improve our site. Google Analytics collects only the IP address assigned to you on the date you visit our site, not your name or other identifying information. CareValet does not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit our site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to our site is restricted by the Google Analytics Terms of Use. http://www.google.com/analytics/terms/us.html You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser. https://tools.google.com/dlpage/gaoptout
    13. Google Remarketing. CareValet uses a remarketing advertising service. Our remarketing service is provided by Google and other companies that show our ads on websites across the Internet. With remarketing you may see ads for our products you have previously looked at. As an example, suppose you visit a website that sells computers, but you do not buy a computer on your first visit to that website. The website’s owner might like to encourage you to revisit his/her site and buy a computer by showing you his/her ads again on other websites that you visit. CareValet uses remarketing for similar purposes, so you may see advertisements for our products as you search the Internet. For this to happen Google or other remarketing providers will read a cookie that is already in your browser, or they place a cookie in your browser when you visit our site or other sites using remarketing. (This can only happen if your browser is set to let it happen). When you visit another website that works with Google or other providers of remarketing advertising, you may see ads for products that you previously viewed, even though they may have nothing to do with the website you are seeing the ads on. This happens because your browser is sending Google the same cookie and encouraging you to revisit the computer website that you previously visited to buy a computer. You can opt out of Google’s use of cookies by visiting: http://bit.ly/1RhhBQZ
    14. Facebook Remarketing. CareValet uses a remarketing advertising service provided by Facebook. With remarketing, you may see ads for our products you have previously looked at when you use Facebook. For this to happen, Facebook uses a Custom Audience Pixel that is activated when a visitor lands on web page and a unique “cookie” is placed in their browser.
  2. Use and Disclosure of Information
    1. Provision of Goods and Services. CareValet will use your personal information to:
      1. operate, maintain, and improve our App, Site and Services.
      2. process and deliver contest entries and rewards.
      3. respond to comments and questions and provide customer service.
      4. send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.
      5. communicate about promotions, upcoming events, and other news about products and services offered by us and our selected partners.
      6. link or combine user information with other personal information.
      7. protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
      8. customize and tailor content and advertising to specific audiences or individuals.
      9. provide and deliver products and services customers request.
      10. facilitate purchase transactions.
      11. If you are a member of a group, we may send you announcements and news feeds related to your Group and posted by the Group administrator.
    2. Your Employer. If you are using the Service as part of any offering from your employer, we may share information regarding your use of the Service with your employer. Such information may include, but is not limited to de-identified use or participation in specific service offerings and utilization rates.
    3. Targeted Advertising. We may customize advertisements on the Service based upon: (i) the information that you knowingly provide us (including age, gender, stated fitness and lifestyle interests and other information in your profile); (ii) geographic location which we may determine through your use of the Service; (iii) data we receive from third parties and (iv) your behavior while using the Service. We may engage a third-party vendor who, through the use of cookies and your use of the Service, determines your interests and targets advertisements and promotions based on those interests. This vendor may target advertisements not only on the Service but on other websites with which the vendor has a relationship.
    4. Other Uses. We may also:
      1. Disclose your personal information to companies who work on behalf of or with CareValet to provide the Service. Unless we tell you differently, these companies do not have any right to use the personal information we provide to them beyond what is necessary to assist us.
      2. Enhance or merge the personal information collected by us with data received from third parties.
      3. Release personal information or other information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state, federal or international laws or respond to a court order, subpoena, or search warrant.
      4. Disclose personal information or other information about you that we believe, in good faith, is appropriate or necessary to enforce our agreements, take precautions against liability, to investigate and defend against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Site or Service, and protect the rights, property, or personal safety of CareValet, our users or others.
  3. Other Terms
    1. Profiles/Public Spaces. Information you provide for your profile page may be accessed and viewed publicly unless you choose otherwise through the Service. Only your legal name is required to be shown publicly on your profile page. It is your option to show or not show the other profile information publicly on your profile page. Please remember that any information disclosed in publicly accessible areas of the Service will be disclosed to third-parties and become public information. CareValet cannot control and shall have no liability for third-party uses of information you make available in publicly accessible areas of the Service. As with any social networking service, you should exercise caution when deciding to disclose your personal or proprietary information.
    2. Usage of CareValet by Children. CareValet does not knowingly allow children under the age of eighteen (18) to sign up for an account on the Service or to otherwise disclose any of their personal information to us. If you are under 18 years old, please do not use or access our Service. We do not intend to collect information about children under the age of 18. If we later obtain actual knowledge that a user is under 18 years of age, we will take steps to remove that user’s information from our systems. If you are the parent or legal guardian of a child under 18 whom you believe has disclosed personal information to us, please contact us at info@CareValet.com so that we may delete and remove the child’s information from our systems or obtain your consent and authorization as the child’s parent or legal guardian.
    3. Choice/Opt-Out. We may provide you the opportunity to opt-out of receiving certain communications from us and our business partners during registration or otherwise from time to time as you use the Service. Even if you opt out of such communications, however, we reserve the right to send you e-mail and other communications to disclose maintenance and other service-related issues applicable to the Site or the Service. You also have the right to opt-out of the sharing of your PII or PHI at any time by contacting Info@CareValet.com; provided, however, that will impact your ability to use the Site, the App, or the Services.
    4. User Information Correction/Update. You may access, update and correct your account information at any time by clicking the “edit my profile” button on your profile page. You may need to supply certain information so that we can try to verify that you have authority to modify this information.
    5. Third-Party Sites. The Site or Service may contain links to other Internet sites. We have no responsibility for the privacy practices of other Websites, including the Websites of Facilities or Instructors, even if linked through to our Service. Our privacy policies do not apply to your use of such sites or information you may provide on such sites. We encourage you to review the privacy policies of any website you may access through the Site or Service.
    6. Legal Requirements. We are committed to protecting your privacy as described in this policy while also fulfilling our responsibility to uphold all applicable laws and regulations. Due to potential legal requirements and other possible circumstances, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed or accessed in ways not otherwise described in this policy. We may be compelled under law to disclose information to government or third parties under certain circumstances or third parties may unlawfully intercept or access transmissions or private communications. Further, we can, and you hereby authorize us to, disclose any information to law enforcement or other government officials that we, in our sole discretion, believe necessary or appropriate in compliance with the law.
    7. Sale of Company or Assets. In the event that all or part of CareValet is acquired by or merged with a third party entity, you agree that we may transfer or assign the information we have collected from you as part of such merger, acquisition, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
    8. International Users. The Site and Service is hosted in the United States. If you are accessing the Site from outside the United States, please be advised that through your continued use of the Site or Service, which is governed by U.S. law and this Privacy Policy, you are transferring your personal information to the United States and you consent to that transfer. Without limiting the generality of the foregoing, CareValet is based within the United States and does not offer goods or services to individuals in the European Union or monitor behavior of individuals within the European Union.
    9. Security. We will use reasonable security measures on the Site and Service to help protect against the loss, misuse and alteration of the personal information under our control. Additionally, CareValet takes reasonable steps to ensure that our third-party business partners, including our hosting partners, provide sufficient protection for personal information.
    10. Changes and updates to this Privacy Policy. This Privacy Policy may be revised periodically by CareValet, as reflected by the "last modified" date above. Please revisit this page to stay aware of any changes. Material amendments to this Privacy Policy shall be communicated to you at the time you log into the Site or Service. Your continued use of the Site or Service constitutes your agreement to this Privacy Policy and any future revisions.
    11. Terms of Use. This Privacy Policy is part of and incorporated into CareValet Terms of Use, which includes provisions such as limitations on damages, disclaimers of warranty, and application of Florida USA state law.
    12. Contacting CareValet. We hope to create a Site and Service that are beneficial to you and that you trust. If you have any questions about this privacy policy or the information handling practices of CareValet, or want to opt-out of any sharing of your information, please contact us at info@CareValet.com.

CareValet Terms of Use

CareValet is a universal account for wellness. Through our platform and mobile application, you gain easy access to a variety of services and experiences, empowering you to personalize your journey to wellness, so you can lead a more active and healthier lifestyle. CareValet, the market leader in connecting employers and carriers with flexible fitness experiences, has committed to redefine wellness by giving access to a variety of personalized wellness and fitness experiences all under one account, making wellness more accessible and enjoyable.

The CareValet website, CareValet.com, (the “Site”) and the CareValet mobile application (the “App”) are provided by CareValet, Inc. (“CareValet”). You may access and use certain portions of the Site without registering as a Member, but the App and certain functionality of the Site is limited to Members. By downloading the App, registering to become a Member or otherwise using the Site, you agree to be bound by these Terms of Service (the “Agreement”). If you wish to become a Member and communicate with other Members and make use of the CareValet service through the Site or the App (the “Service”), you must read these Terms of Service and indicate your acceptance of them by following the instructions in the Sign Up page. If you do not agree to these Terms of Use, you may not use the App, the Site or Service, and you should immediately discontinue any further use.

This Agreement, including CareValet’s Privacy Policy, sets out the legally binding terms of your use of the App, the Site and the Service. This Agreement may be amended by CareValet from time-to-time. In the event of a material alteration to the terms of this Agreement, as determined in CareValet’s good-faith and reasonable judgment, CareValet will provide notice to you and your acknowledgement and continued use of the App, the Site or the Service after such notice will indicate your agreement to the amended terms. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Services. You acknowledge and agree that the specific offerings of the Service may change from time-to-time without prior notice to you and CareValet shall have no liability to you for the discontinuance of any specific aspect of the Service. Moreover, CareValet may deny, revoke, or otherwise restrict the access privileges of you or any Member that at any time fails to comply with this Agreement.

  1. Eligibility. You must be eighteen or over to register as a member of CareValet or use the Service. The Service is not intended for use by children under eighteen; if you are under eighteen years of age, please do not use the Service or register as a Member. Parents and legal guardians may sign up for services and consent a minor child’s behalf, in accordance with applicable law. Membership in the Service is void when in violation of this Section.
  2. Registration. In order to use the Service, you must register as a member (herein a “Member”) and provide to CareValet certain basic information about yourself, which may include personal data such as your city, state and zip code, date of birth, gender, first and last name and a valid email address. You may also register with the Service through one of our social networking partners, such as Facebook. If you register through one of these partner sites, your personal information will be provided to CareValet directly from your user account with such partner site. By registering as a Member in the Service, you represent and warrant that (a) you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (b) all registration information and Content (as defined below) you submit is truthful and accurate; (c) you will maintain the accuracy of such information; and (d) your use of the Service does not violate any applicable law or regulation. If any information provided by you is untrue, inaccurate or not current, CareValet reserves the right to terminate your membership and use of the Service. As part of the registration process, you will be asked to provide your email address, which address will act as your log-in for the Service. Please note that CareValet may refuse use of any email, username or password for any reason in its sole discretion, including without limitation, if such email, user name or password contains illegal, obscene or offensive language or is protected by trademark or other intellectual property rights or may cause confusion. You are solely responsible for the activity that occurs through use of your email and account with CareValet. You must notify us immediately of any breach of security or unauthorized use of your account or use of your password.
  3. Term. This Agreement will remain in full force and effect while you use the App, or the Site, and are a Member. You may terminate your membership at any time, for any reason by following the instructions for Deleting Account on the Edit Profile page. CareValet may terminate your membership and suspend or terminate your use of the Service for any reason, at any time, including, without limitation, if CareValet believes that you are under eighteen years of age or you are in breach of any representation, warranty or covenant contained herein or in order to protect the App, the Site or other users from harm.
  4. Payment. Certain Services may be made available through the Site or App for a fee. All pricing information and payment terms will be communicated to you through the Site or App. CareValet reserves the right to institute, or modify, applicable fees, including registration, membership or other fees at any time at its sole discretion, either for continuing use of the Service or for any specific functionality. If CareValet institutes any such fees, your access to the Service or the specific functionality may be terminated or restricted if You do not choose to pay such registration or other fees. CareValet is not a bank, money services business, or a payment processor. All payments for use of the Services are processed through a third-party payment services provider. Your relationship with CareValet is separate from your relationship with the third-party payment services provider and the payment of any funds shall be governed by the terms of services of the third-party payment services provider. Third Party Provided Plan. Enterprise, employer-provided, and Insurance wellness plan members may be subject to different payment terms, or other terms outside of this agreement. Refer to your benefits administrator or insurance wellness program documents. Individual Subscription Plan. The CareValet Individual Subscription Plan and Monthly Membership Fee begin at the moment of purchase and automatically renew each month on the monthly anniversary date of your initial purchase. The CareValet Individual Subscription Plan gives you access to the studios, gyms, and experiences within the CareValet network and the ability to purchase credits that you can use to reserve classes. The number of classes reservable within the subscription time period is dependent on the number of credits purchased at the time of reservation. Once a class is reserved, payment may be required for the reservation and your credit card or method of payment may be charged, or a hold placed on funds within the account at the time of booking. Reservations may be cancelled up to the time of the class, however, any cancellation less than 12 hours before the class will result in the user being charged for the reservation. The cost of membership is not refundable. You can change, update, or cancel your auto-renewal membership plan in the settings section of your account, and can cancel at any time. From the time of cancellation, your subscription will remain active until your next renewal date. Classes can be taken, or reserved after a cancel request, as long as it falls before the renewal date of the following month. We may revoke or modify this offer at any time. CareValet reserves the right to cancel any ineligible subscriptions or accounts being used outside of the intended design. For additional terms, see our Privacy Policy, and for more information, visit our FAQs. Other restrictions may apply.
  5. Use of the Site and Service. In accessing the Services, you agree that: (i) if you register as a Facility or Instructor, you may use the Service solely for your internal business purposes as permitted on the Service; or (ii) if you register as an individual Member or a Group, you may use the Service solely for your own personal non-commercial use. Use of the Services, materials, or information provided through the Services for any other purposes is prohibited without CareValet’s prior written consent. Illegal or unauthorized uses of the App, the Site or the Services, including collecting usernames or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. You acknowledge and agree that the Service, the Site, and the App may include advertisements, which advertisements may be targeted based on your personal preferences and activities as provided to the Service. CareValet will not, however, provide your name or personally identifiable information to any such advertiser without your permission (See Privacy.) You agree that such advertisements are a necessary part of the Service.
  6. Intellectual Property Rights in the Service, the Site, and the App. Except for the limited rights of access granted herein, CareValet owns and retains all rights, title and interest in the App, the Site and the Services, including without limitation, all content, graphics, video, sound, logos, software, trademarks, service marks and other material therein (the “Content”) and all intellectual property rights associated with the App, the Site, the Services and Content. Except for that information or content which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, republish, mirror, frame, transmit, distribute, perform, display, sell, transmit, license, sublicense, reverse engineer, decompile, decode, decrypt, disassemble, derive source code from, create derivative works from or otherwise make available to third parties the App, the Site, the Service or any Content. Except as expressly set forth herein, your use of the App, the Site or Service does not create any license or any other rights in CareValet's or any third party's copyrights, trademarks or any other intellectual property or proprietary rights. All product names, logos, trademarks and service marks appearing on the App or the Site are the property of CareValet or other third parties. Nothing in these terms of use shall be construed to grant you any right or license in any of these names, logos, trademarks or service marks without the prior written consent of the owner. All rights in and to the Service and the Site not expressly granted herein are reserved by CareValet.
  7. User Content.
    1. You may provide certain personal information, including personal images, and other material or content to CareValet through and for use on the Service (“User Content”) and create your own profile page. You may not post, transmit, upload or publish any User Content that you did not create or have permission to post. You also consent to the use of your image(s) if included in the User Content and represent that you have obtained the consent of every individual who may appear in your User Content. Please note that even if you restrict access to your profile page or make your profile page a private page, your name will appear as a Member of CareValet.
    2. You understand and agree that CareValet, may review and delete any User Content that in the sole judgment of CareValet, violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
    3. You are solely responsible for the User Content that you upload, publish or display (hereinafter, "post") on the Service, or transmit to other Members.
    4. You will retain ownership rights in your User Content. However, by posting User Content to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to CareValet, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license in perpetuity, to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing as necessary for the provision of the Service and CareValet’s related business purposes.
    5. You are solely responsible for your use of the Service. CareValet shall have no obligation to monitor User Content, but reserves the right to do so and to investigate and take appropriate action, including legal action, in its sole discretion, including without limitation, removing the offending communication from the App, the Site or the Service and terminating the membership of such violators. You agree that you will not provide User Content or otherwise use the Services in such a way that:
      1. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
      2. promotes information that you know is false or misleading
      3. promotes illegal activities or conduct
      4. Constitutes stalking of any other user or is bullying, abusive, threatening, obscene, pornographic, defamatory or libelous or violates the rights of any third party, including a party’s right of privacy or publicity;
      5. provides instructional information about illegal activities such as making or buying illegal weapons or providing or creating computer viruses; and
      6. solicits or collects passwords or personal identifying information for commercial or unlawful purposes from other users.
      7. interfere with, or attempt to interfere with, the normal operations of the App, the Site, the Services or any other user’s use of the same, including by deleting, altering or blocking another user’s postings, deliberately providing false information, overloading, flooding, spamming or crashing the Services or its underlying systems or by altering any profile or other information provided by any user;
      8. post, share, link to or submit any content or material that is the protected health information of another as that term is defined by the Health Insurance Portability and Accountability Act;
      9. use the Services for illegal file sharing or post, upload, distribute or share any User Content or other content that infringes the intellectual or other proprietary rights of any third party.
    6. Even though all of the above is strictly prohibited, there is a chance that you might become exposed to other User Content that you find objectionable or offensive and you further waive your right to any damages (from any party) related to such exposure.
    7. You must use the Service in a manner consistent with any and all applicable laws and regulations.
  8. Member Disputes. You are solely responsible for your interactions with other CareValet Members. CareValet reserves the right, but has no obligation, to monitor disputes between you and other Members.
  9. Privacy. Use of the Site, App, and the Service is also governed by our Privacy Policy.
  10. Disclaimers.
    1. Health and Exercise Disclaimers. We urge you to consult your physician or other health care professional before starting any exercise or fitness program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this or any other fitness program if your physician or health care provider advises against it.
    2. Please note that we do not review, qualify or warrant any workout program or materials provided on the Service, whether from a Facility, Instructor or other Member. You are solely responsible for your use of any such program or materials. Regardless of the workout program, you should warm up for a few minutes prior to starting any exercise. Always exercise at a level at which you feel comfortable. If you experience discomfort, faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately.
    3. The recommendations, instructions and advice contained on the Site or through the Service are in no way intended to replace or to be construed as medical advice, diagnosis or treatment, and are offered for informational and entertainment purposes only. If you have any concerns or questions about your health, you should always consult with a physician or other health care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health care professional because of any content you may obtain through the Site or Service. The use of any information provided on the Site or through the Service is solely at your own risk.
    4. You acknowledge that there is a risk of injury associated with any exercise activity. Always use safe techniques and protective equipment when engaging in exercise. If you are unfamiliar with or do not understand the proper techniques and use of equipment for the exercises you intend to perform, please seek advice and assistance before performing them. CareValet is not responsible or liable for any injury that may result from improper use of any workout programs provided on the Service or any exercise program or activity in which you participate arising from use of the App, the Site or Service. By using the App, the Site, or Services, you agree to accept all risks associated with any workout programs or materials you obtain or participate in and that you will not hold CareValet liable for any injury or illness that may occur.
    5. If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.
    6. General Disclaimers. THE WEBSITE AND SERVICE MAY CONTAINS INFORMATION, FACTS, OPINIONS, AND RECOMMENDATIONS OF VARIOUS INDIVIDUALS AND ORGANIZATIONS REGARDING GYMS, WORKOUT FACILITIES, INSTRUCTORS, SPORTS, HEALTH, AND FITNESS. CareValet AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT, AND DO NOT, GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF, OR OTHERWISE ENDORSE, ANY OPINIONS OR RECOMMENDATIONS OR ANY INSTRUCTORS OR FACILITIES THAT MAY PARTICIPATE IN OR BE LISTED ON THE SITE OR SERVICE.
    7. CAREVALET IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR MEMBER OF THE SERVICE. CareValet ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. CareValet IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR MEMBERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SERVICE.
    8. THE SERVICE AND ALL CONTENT AND INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE OR SERVICE ARE PROVIDED "AS IS" FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CareValet DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. CareValet CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR THE SERVICE. CareValet DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS AND INFORMATION ON THIS SITE OR ANY SITES LINKED TO THIS SITE. NOR DOES CareValet WARRANT THAT THE SITE WILL BE ACCESSIBLE AT ALL TIMES OR IN ALL GEOGRAPHIC AREAS. THE SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM CareValet OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. FURTHER, CareValet DOES NOT WARRANT THAT THIS SITE OR THE SERVICE ARE FREE FROM COMPUTER VIRUSES, WORMS OR OTHER HARMFUL EFFECTS. YOUR USE OF THE SITE AND SERVICE IS SOLELY AT YOUR OWN RISK
  11. Limitation on Liability. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, UNDER NO CIRCUMSTANCES SHALL CareValet BE LIABLE FOR ANY DIRECT, INDIRECT, ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES ATTRIBUTABLE TO ANY PERSONAL INJURY OR DEATH, LOSS OF DATA, LOSS OF BUSINESS, OR LOSS OF USE, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR THE SITE (OR WEBSITES LINKED TO THE SITE), EVEN IF CareValet HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CareValet 'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CareValet FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
  12. Facilities and Instructors; Third Party Services and Websites. CareValet does not qualify, endorse, investigate or approve any Facilities or Instructors listed on the Service. You are solely responsible for ensuring that any such Facilities and Instructors from whom you purchase materials, such as workout materials, or services are qualified or meet your needs. In no event will CareValet be responsible or liable for any materials or services provided by such Facilities or Instructors or for their failure to provide any such materials or services. The Site and Service may contain links to third party websites that are not owned or controlled by CareValet. CareValet has no control over, and assumes no responsibility for, the content, privacy policies, products, services, or practices of any third-party websites. In addition, CareValet will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve CareValet from any and all liability arising from or in connection with your use of any Facility, Instructor or third-party website. Facilities may, at any time, alter, amend or cancel their scheduled offerings without notice. As a result, a reserved class may be cancelled without notice to the subscriber. CareValet accepts no liability for this cancellation beyond crediting your CareValet account with credits equivalent to the value of the cost of the reservation.
  13. Disputes. If there is any dispute about or involving the Service or any controversy or claim arising out of or relating to this Agreement or a breach thereof, you agree that the dispute shall be settled by arbitration administered by the American Arbitration Association under its Arbitration Rules in accordance with the then-applicable provisions of the Commercial Arbitration Rules of the American Arbitration Association. Arbitrator’s fees shall be divided equally by the parties, and the Parties shall bear their own attorney’s fees and costs; provided, however, that the prevailing party shall be entitled to their reasonable attorney’s fees and costs and expenses of arbitration in the final arbitration judgment. The number of arbitrators shall be three (3). Arbitrators must be lawyers with at least ten years’ experience or expertise with claims similar to the claim at issue in the arbitration. Each party selects and arbitrator, and within thirty days after selection, the two arbitrators selected shall select a neutral arbitrator and give notice of the selection to the parties. The arbitrators shall hold a hearing within a reasonable time, but in no case later than one hundred and eighty days from the date of notice of selection of the neutral arbitrator, unless an extension is mutually agreed upon by the parties or dictated by the arbitrators. In the event that any party to this Agreement refuses to go forward with arbitration, the party compelling arbitration reserves the right to proceed with arbitration with the appointment of a single arbitrator to resolve the dispute, despite the refusal to participate or absence of the opposing party.
  14. Indemnity. You agree to indemnify and hold CareValet, its subsidiaries, affiliates, and their respective officers, agents, representatives and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, due to or arising out of your use of the App, the Site or the Services, or arising from a breach of this Agreement, or any breach of your representations and warranties set forth above.
  15. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between CareValet and any User of the Service.
  16. Location of Service . The Service and Site is controlled and offered by CareValet from its facilities in the United States of America. If you reside outside of the United States, please note that U.S. law governs Your use of the App, the Site and the Services and the sharing of information within the App, the Site and Services. Without limiting the generality of the foregoing, CareValet is based within the United States and does not offer goods or services to individuals in the European Union or monitor behavior of individuals within the European Union.
  17. Feedback. You understand and agree that any ideas or suggestions for improvements to the Site or Service, including without limitation, enhancements, new functionality or concepts, shall be owned by CareValet. CareValet shall have the right to use any such ideas or suggestions in its sole discretion and with no payment or consideration to You.
  18. Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by CareValet without restriction.
  19. Other. This Agreement, including the Privacy Policy, accepted upon use of the App, the Site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and CareValet regarding the use of the Site or the Service. If any terms and conditions of this Agreement are not accepted by you in full, you do not have permission to access the contents of the Site or use the Service and therefore should cease using this Website immediately The failure of CareValet to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Please contact us with any questions regarding these Terms of Use or Privacy Policy at info@CareValet.com.