Terms of Use

Last Updated: October 1, 2022

Acceptance of the Terms of Use

These Terms of Use (the “Terms” or “Terms of Use”) describe the terms and conditions that govern your access and use of Uprise Health’s (“our,” “we,” or “us”) websites and mobile applications (including https://uprisehealth.com and the Uprise Health Platform), including any content, functionality, and services offered on or through Uprise Health’s websites and mobile applications (collectively, the “Platform”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://uprisehealth.com/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services (defined below).

Minors

This Uprise Health Platform is designed for adults and their children who reside in the United States or any of its territories and possessions. However, to agree to these Terms, you must be at least 18 years of age, or have your parent or guardian’s permission to use the Platform. If you do not meet all these requirements, you must not use or access the Platform.

By continuing to use the Platform, you represent and warrant to Uprise Health that:

You are at least 18 years of age (or if under the age of 18, you have the permission of your parent or guardian to use the Platform, and your parent or guardian has read and agrees to these Terms on your behalf);
All registration information you provide is accurate and truthful; and
You will maintain the accuracy of such information.

IF YOU OR YOUR CHILD ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

Do not use this website for emergency medical or mental health needs. If you or your child are experiencing a medical or mental health emergency and need immediate attention, call 911 immediately. If you or your child are experiencing suicidal ideation and are considering harming yourself/themselves or others, call 911 or the suicide hotline at 988.

None of the content on the Platform should be considered medical advice, mental health advice, or an endorsement, representation, or warranty that any particular medication or treatment is safe, appropriate, or effective for you or your child.

About Uprise Health

Uprise Health provides a broad range of technology-driven mental health solutions, including, but not limited to, Employee Assistance Program (“EAP”) services, coaching, counseling, substance abuse and monitoring programs, and online support groups. This includes access to the Uprise Health technology platform, which is provided via this website and via Android or iOS application. Uprise Health also provides digital psychoeducation and telecoaching intervention services via the Platform and via other means such as by telephone or email (collectively, “Services”).

The Platform and Services are owned and operated by Integrated Behavioral Health, Inc. (“IBH”) doing business as Uprise Health. IBH and Uprise Health are referred to together in these Terms as “Uprise Health,” “we,” “our,” and “us.” If you have questions or comments about these Terms, please contact us at Legal@UpriseHealth.com or 800-395-1616.

Changes to the Terms of Use

Uprise Health reserves the right, at its sole discretion, to modify or replace any part of these Terms at any time and will post an updated version on this webpage. Please check back from time to time to ensure you are aware of any updates or changes. If you access the Platform and/or Services after a change to these Terms, the updated terms will be deemed to be accepted. If you do not agree to these Terms, or to any update to these Terms, your sole recourse is to cease using the Platform and Services. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Platform. Any attempted alteration of these Terms by you is not binding on Uprise Health.

Uprise Health may offer new or modified features, functionality, or services through the Platform. Such new or modified features, functionality, and services, if offered, are offered subject to these Terms.

Accessing the Platform and Services

We reserve the right to withdraw or amend our Platform, and any Service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

You are responsible for both:

Making all arrangements necessary for you to have access to the Platform.
Ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.

End users are provided access to the Platform and/or Services at no cost to the user, pursuant to an arrangement between Uprise Health and the user’s employer, or insurer (collectively, a “Related Customer”). Should the terms of the arrangement with the Related Customer change, you may no longer be able to access the Platform and/or Services.

As an end user of our Platform and/or Services, you receive a limited, non-exclusive, personal, revocable right and license to download, access, and use the functionality of our Platform and Services. You have no rights in the Platform or Services other than to use them in accordance with these Terms.

You may display and download our Platform and Services onto a single device solely for your own personal, non-commercial use. Otherwise, you may not copy, reproduce, print, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Platform or Services, or any content, products or services obtained through them. You may not access the Platform or Services for the purpose of building a similar or competitive service, website, or app.

You may not remove or alter any notices found on our Platform or Services, distribute, make derivative works of, reverse engineer, decompile, or disassemble the Platform or Services.

Accounts and Security

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all the information you provide to register with this Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Uprise Health Services

Uprise Health may make available on the Platform a series of videos to be viewed by the user, along with an initial screening questionnaire. Based on the user’s responses to the initial screening questionnaire, the user will be provided with additional videos and activities to undertake over a series of weeks.

A user may receive a telephone call, SMS message, live chat, or email from an Uprise Health Coach to check the user’s progress with the online materials, to answer any questions they may have and provide psycho-educational coaching. Each user consents to Uprise Health using their contact details for these purposes.

A user may interact with an Uprise Health Coach by telephone, video, via instant messaging on the Platform or Services, or by email.

A user may be sent online questionnaires in order to assess the effectiveness of the Services and to check on the user’s wellness.

User Contributions

The Uprise Health Platform may contain coaching discussions, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Platform.

Any information, material, comments, or other communication submitted to us is treated as described in our Privacy Policy. To the extent that you submit your personal information to us, you represent and warrant that all such information will be truthful, accurate, and not misleading, and shall not omit or fail to state any material information. You agree not to provide any information that: (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; or (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity. You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for Uprise Health.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS UPRISE HEALTH AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY UPRISE HEALTH DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER UPRISE HEALTH OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot/do not undertake to review all material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property, or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Not Medical Advice

OUR PLATFORM AND SERVICES ARE NOT A SUBSTITUTE FOR MEDICAL ADVICE OR TREATMENT.

If you are feeling suicidal or need to talk to someone urgently, please call:

The U.S. Suicide Prevention Hotline (988).
The relevant suicide hotline in your country if outside the U.S.

Uprise Health Platform and Services are not appropriate if you are experiencing an emotional or similar crisis, your or another person’s personal safety is at risk, you require urgent medical treatment. If any of these situations apply, or if any doubt exists regarding the selection or appropriateness of the Platform or Services, you must seek immediate medical advice from an appropriately qualified healthcare professional. By using our Platform or Services, you acknowledge and agree that:

UPRISE HEALTH IS NOT YOUR HEALTHCARE PROVIDER AND DOES NOT PROVIDE MEDICAL OR EMERGENCY SERVICES. UPRISE HEALTH IS NOT LICENSED AS A HEALTHCARE PROVIDER, AND UPRISE HEALTH DOES NOT ENGAGE IN ANY EXAMINATION, DIAGNOSIS, OR TREATMENT OF MEDICAL CONDITIONS OF ANY KIND (INCLUDING PSYCHIATRIC OR MENTAL HEALTH CONDITIONS);
Information provided through the Platform and Services is for informational purposes only, and is not intended to replace any relationship you may have with a healthcare provider;
You will consult your healthcare provider if you have any questions about any medical condition you may be experiencing; and
You will not disregard any advice or recommendation you may have received from your healthcare provider, delay seeking advice from a healthcare provider, or modify any treatment they may have recommended because of information you may have received via the Platform or Services.

Intellectual Property Rights

All rights, title, and interest in the Platform and Services, as well as all text, content, graphics, interfaces, code and materials, the look and feel, selection and arrangement, design and organization of the Platform and Services, and the compilation of the content, code, data and materials on the Platform and Services, including all intellectual property and proprietary rights, are the sole property of Uprise Health or parties that have licensed such content to us and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws.

These Terms of Use permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Platform or any Services or materials available through the Platform.

If you wish to make any use of material on the Platform other than that set out in this section, please address your request to: Marketing@UpriseHealth.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Uprise Health. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

All words and symbols designated by ® or ™ and used on or in connection with our Platform, Services, or marketing materials (collectively, the “Marks”) are trademarks or registered trademarks of, and are proprietary to, Uprise Health or other owners that have licensed such Marks to us. For clarity, there may be instances where trademark symbols are omitted for creative reasons, which does not impact the validity or enforceability of these Marks. You may not display or reproduce the Marks other than with our prior written consent, and you may not remove or otherwise modify any trademark notices from any content we publish.

Additionally, you agree not to:

Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Platform.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Platform.

Reliance on Information Posted

The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

This Platform may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Uprise Health, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Uprise Health. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Platform; Websites and Applications

We may update the content on this Platform from time to time, but its content is not necessarily complete or up to date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Platform

All information we collect on this Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Additional Terms for iOS Apps

In addition to your agreement with these Terms of Use, the following provisions apply with respect to your use of any version of our mobile apps compatible with Apple Inc.’s iOS operating system.

You and Uprise Health acknowledge that these Terms of Use are between you and Uprise Health only, and not with Apple. Uprise Health, not Apple, is solely responsible for its websites and apps, and the content therein.
The license you have been granted in these Terms of Use is limited to a non-transferable license to use Uprise Health’s apps on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using our mobile apps, such as your wireless data service agreement.
You and Uprise Health acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our mobile apps.
Apple is not responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of any of our mobile apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the mobile app to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our mobile apps, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Uprise Health’s sole responsibility.
You and Uprise Health acknowledge that Uprise Health, not Apple, is responsible for addressing any of your claims or any third party claims relating to our mobile apps or your possession and/or use of our mobile apps, including, but not limited to: (i) product liability claims; (ii) any claim that our mobile apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
You and Uprise Health acknowledge that, in the event of any third-party claim that one of our mobile apps infringes that third party’s intellectual property rights, Uprise Health, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Any questions, complaints, or claims with respect to our mobile apps should be directed to us, using the contact information found above.
You and Uprise Health acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.

Linking to the Platform and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express consent.

This Platform may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Platform.
Send emails or other communications with certain content, or links to certain content, on this Platform.
Cause limited portions of content on our website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Platform other than the homepage.
Otherwise take any action with respect to the materials on this Platform that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Platform

The Platform contains links to other sites and resources provided by third parties. These links are provided for your convenience only. This includes links to our third-party service providers. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Platform is based in the State of California in the United States. We provide this Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER UPRISE HEALTH NOR ANY PERSON ASSOCIATED WITH UPRISE HEALTH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER UPRISE HEALTH NOR ANYONE ASSOCIATED WITH UPRISE HEALTH REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, UPRISE HEALTH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitations on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL UPRISE HEALTH, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Uprise Health, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Platform.

Governing Law and Jurisdiction

All matters relating to the Platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Irvine and County of Orange, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your state and county of residence. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Uprise Health’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Uprise Health of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Uprise Health to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Uprise Health regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

Your Comments and Concerns

This website is operated by Uprise Health at 2 Park Plaza, Suite 1200, Irvine, California 92614.

All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: Webmaster@UpriseHealth.com.