(effective as of 12/18/2015)
In consideration of your use of any Prevail Health Service, you agree to and shall:
All content on the Prevail websites and any other Prevail Health Service including text, graphics, designs, pictures, video, information, software, music, sound, and their selection and arrangement ('content') are the proprietary property of Prevail Health, or its licensors, with all rights reserved. No content may be modified, copied, distributed, framed, reproduced, republished, downloaded, transmitted, or sold in any form by any means, in whole or in part, without the Prevail Health's prior written consent.
Prevail Health and Prevail websites and other company graphics, logos, designs, page headers, icons, scripts and service names are the trademarks and service marks, or trade dress of Prevail Health Solutions LLC. Prevail Health's trademarks and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used in whole or in part without prior written consent from Prevail Health.
The Prevail Health Services are available for personal, non-commercial use only. You represent, warrant, and agree that no materials of any kind submitted through your Prevail Health account or otherwise posted, transmitted, or shared by you on or through the Prevail websites will infringe upon the rights of any third party, including but not limited to copyright, trademark, privacy, publicity, or other personal or proprietary rights or contain libelous, defamatory or otherwise unlawful material.
Prohibited actions include, but are not limited to:
IF A PEER DECIDES TO PROVIDE USERS SERVICES THROUGH THE USE OF PREVAIL HEALTH, PEER MUST EXERCISE A REASONABLE STANDARD OF CARE, AT LEAST THE SAME AS PEER WOULD IN A SIMILAR TRANSACTION NOT CONDUCTED THROUGH THE INTERNET, OR THE STANDARD OF CARE MANDATED BY HIS OR HER PROFESSION, WHICHEVER IS HIGHER.
PEERS SHALL NOT HOLD THEMSELVES OUT AS MEDICAL OR ANY OTHER HEALTH PROFESSIONAL.
You will not provide any legal or medical advice or other advice or information which may only be lawfully rendered or provided by a licensed professional who has established a physician-patient relationship, attorney-client, or other relationship.Peer will be solely and fully liable for all conduct, services, advice, postings and transmissions on an Prevail Health Service that are made under your user name and password.
Peer agrees that any information or content that Peer posts or transmits through a Prevail Health Service will not be considered Peer's confidential information, but rather this information, whether personal in nature or not, shall be owned by Prevail Health. Peer further agrees and consents to Peer's chats or transcripts, being captured in any format, controlled, processed and shared by Prevail Health with third parties as designated solely by Prevail Health.
Peer will not impersonate any person or entity, or make any false statement regarding Peer's employment, agency or affiliation with any person or entity.
Peer will not stalk, threaten or harass Users or other Peers or invade or attempt to invade their privacy.
Peer will not violate, or aid or abet the violation of, any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code.
Peer will not engage in conduct that is harmful, unethical, fraudulent, deceptive or offensive.
Peer will not encourage a User to disclose his or her confidential information, such as information that could personally identify the User, or any protected health information (“PHI”) as defined in our HIPAA Notice to the Peer or other Users.
Peer will not disclose any information that was provided to Peer by a User and will use his or her best efforts to guard Users' privacy. Peer will not take any actions that violates our HIPAA notice.
Peer agrees to comply with all applicable laws regarding use of the Prevail websites.
Prevail Health, in its sole discretion and for any reason, may terminate a User's or Peer's participation in any Prevail Services and refuse any and all current or future use by Users or Peers of the Prevail websites.
The Prevail websites contains links to other websites (Third Party Sites). Such Third Party Sites are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Prevail Health, and Prevail Health is not responsible for any Third Party Sites accessed through the Prevail websites or other Prevail Health Services.
The user dashboard offered on the Prevail websites is used solely for self-help and communication purposes. The information you provide to Prevail Health during your Prevail Health registration process will supply information for your user dashboard. By using the Prevail websites or any other Prevail Health Service, you certify that all information provided by you to Prevail Health through the registration process or your use of the Prevail websites or other Prevail Health Services is correct and accurate. You may not set up an account on behalf of another individual or entity. You are expressly forbidden from disclosing your confidential information such as information that could personally identify you, or any protected health information (“PHI”) as defined in our HIPAA Notice in your account profile or anywhere on our Site. To the extent you violate these Terms and share such information on our Site or with another user, you also acknowledge that the information you provide on the user dashboard may constitute PHI and may be captured by Prevail Health Services. You expressly acknowledge that you have read and agree to our HIPAA Notice and consent to our use or disclosure of your PHI as set forth in the HIPAA Notice.
Any Prevail Health Services may be temporarily unavailable from time to time for maintenance and other reasons. Prevail Health assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication failure, or alteration of user communications. Prevail Health is not responsible for any technical malfunction or other problems of any telephone network service, computer systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to an Prevail Health User's or Peer's computer or other hardware or software related to or resulting from using or downloading material in connection with Prevail Health's provision of services, including those offered on the Prevail websites. Prevail Health is not responsible for any loss or damage, including personal injury or death, resulting from anyone's use of Prevail Health's Services.
The Prevail Health Services are voluntary methods for self-help. Participants understand that they are participating in the Prevail Health programs offered as part of the Prevail Health Services voluntarily. The Prevail Health Services are not methods of emergency crisis management and are not intended to replace your current methods of physical and mental health care. In the event of an emergency, immediately call 911 or a suicide assistance hotline such as 1-800-273-TALK (8255).
The Prevail Health Services, including those offered on the Prevail websites, are provided 'as is' and 'where is' and Prevail Health disclaims any and all representations and warranties, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Prevail Health does not guarantee and does not promise any specific results from use of Prevail Health's Services. By using Prevail Health's Services, you accept the terms contained in this disclaimer. You agree that any use you make of such services, advice, or answers is at your own risk and that Prevail Health is not responsible for any damages or losses resulting from your reliance on information offered in connection with the provision of Prevail Health Services. By using any of the Prevail Health Services, you understand and expressly agree that Prevail Health is not responsible for any information that you do or do not receive, and you expressly agree to hold Prevail Health and its officers, directors, employees, other affiliates and agents harmless for any loss, harm, injury, or damage whatsoever resulting from or arising out of your participation in or use or reliance on any information or advice provided through Prevail Health and/or any Prevail Health Service.
Users acknowledge and agree that User Peers are neither employees nor agents nor representatives of Prevail Health, and Prevail Health assumes no responsibility for any act or omission of any Peer. Prevail Health makes no representation or warranty whatsoever as to (a) the accuracy or availability of the Peers or the Prevail Health Platform, (b) the willingness or ability of any Peer to give advice, (d) whether a User will find a Peer's advice relevant, useful, accurate or satisfactory, (e) whether the advice of the Peer will be helpful, (f) whether the advice of the Listener will be responsive or relevant to the User's question, or (g) whether the Peer's advice will otherwise be suitable to the User's needs. Prevail Health does not verify the skills, degrees, qualifications, credentials or background of any Peer. It is strongly recommended that the User independently verify the skills, degrees, qualifications, credentials and background of each Peer from whom he or she receives or contemplates to receive advice or services. The Prevail Health Platform may include bulletin boards or chat landing pages ("Prevail Health Boards") which allow Users to post questions to Peers regarding various topics and allow Listeners to volunteer answers to such questions. PREVAIL HEALTH DOES NOT WARRANT THE VALIDITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT OR PEER ADVICE PROVIDED AND PREVAIL HEALTH WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY USER DUE TO RELIANCE ON ANY SUCH INFORMATION OR ADVICE. All communications between Peers and Users are NOT encrypted and thus may be subject to unauthorized interception and monitoring.The Prevail Health Boards allow Users to post questions or service requests that can be viewed by all Users and Peers. Requests may be posted anonymously. All postings, descriptions, etc. on the Prevail Health Boards are public.
INFORMATION FURNISHED BY PEERS IS INTENDED FOR GENERAL INFORMATION PURPOSES ONLY. ANY CONSULTATION WITH A PEER VIA THE PREVAIL HEALTH PLATFORM CANNOT AND DOES NOT REPLACE A MEETING WITH A PROFESSIONAL. USER IS ENCOURAGED TO VERIFY THE INFORMATION FURNISHED BY PEERS. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE USER'S FULL AND SOLE RISK AND LIABILITY.
Prevail Health does not represent or warrant that software, content, or materials included in the Prevail Health Services are accurate, complete, reliable, current, or error-free or that any Prevail Health Service is free of viruses or other harmful components. You understand and agree that you download or otherwise obtain content, material, data or software from or through the Prevail Health Services, at your own discretion and risk and that you will be solely responsible for your use thereof and any damages, and any harm that may result, including but not limited to, damage to your computer or loss of data, images, photographic representations, and other visual elements (collectively, "Avatars")) do not necessarily purport to correspond to any specific individual or Prevail Health employee or agent. Some usernames, Avatars, and profile information may constitute composite portrayals for illustration purposes or to protect identity.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about Prevail Health and/or the Prevail Health Services are voluntarily provided by you to Prevail Health, are non-confidential, and shall become the sole property of Prevail Health. Prevail Health shall own exclusive rights, including all intellectual property rights, to, and shall be entitled to the unrestricted use and dissemination of, these submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
A. Overview of the Prevail Rewards Program
1. The Prevail Rewards Program (the "Rewards Program") is a loyalty program sponsored by Prevail Health Solutions LLC., 1019 West Lake Street, Chicago IL 60607 (in this Rewards Program context, "Sponsor") through which Users and/or Peers will be offered the opportunity to earn rewards points ("Rewards Points") and rewards ("Rewards") by performing various activities.
2. Once participants in the Rewards Program earn enough Rewards Points, they can redeem those points for gift cards or other gifts, subject to availability on a first come first served basis.
1. The Rewards Program is open to legal residents of the 50 United States (and the District of Columbia), and Canada who are 18 years and older at the time of enrollment. The Rewards Program is void where prohibited by law.
The current phase of the Rewards Program is ongoing, but the Sponsor reserves the right to shorten, extend, modify, suspend, or cancel the Program, at its discretion, at any time in accordance with Section H of these Reward Program Terms and Conditions. Sponsor will give a minimum of 30 days' notice prior to canceling the Program. Participants can earn Rewards Points by the methods set forth in Section E below and will be able to redeem Rewards Points as set forth in Section F below. Rewards Points that have been unused for six (6) months (the participant's "Redemption Period") after the day upon which such points are earned will expire by their terms.
1. To enroll in the Rewards Program, you must meet the Eligibility Requirements in Section B of these Rewards Program Terms and Conditions, have access to one of our Rewards Program sites and are a User or Peer of the Prevail websites in good standing (i.e., not in violation of these Terms and Conditions). Once you have verified that you meet these requirements, you may enroll in the Rewards Program by registering for a Prevail Health user account. Once confirmed, participants will be enrolled into the Rewards Program (each, an "Enrollee"). A Rewards account will be created for each Enrollee ("Account"). The number of Rewards Points earned by such Enrollee will be recorded and tracked in the Enrollee's Account.
2. Limit: One (1) Account per person. The person who is the holder of the User or Peer account associated with the email address used to register for the Program will be deemed the Enrollee.
1. Enrollees will earn Rewards Points or other rewards during the Reward Program Period (as defined in Section H below) by performing any of the following:
Earning points for all of the actions listed above will be contingent on successfully completing the task within these Reward Program Terms and Conditions. Prevail Health reserves the right, exercisable in its sole discretion, from time to time to change (including reducing) the ways in which an Enrollee may earn Reward Points (see Section F below).
1. Program Limit: The maximum number of Rewards Points an Enrollee can earn in any rolling 365-day period is 37,500.
2. Sponsor also reserves the right in its sole discretion to implement modifications to any term or condition of the Rewards Program (e.g., adding, removing or changing the number of Rewards Points awarded for actions, the actions that Enrollees can perform to earn Rewards Points, the applicable Redemption Period, minimum number of Reward Points required to be eligible for redemption for a Reward and/or maximum number of Reward Points an Enrollee can earn in a given period of time) at any time throughout the Reward Program Period (as defined below). Any modifications made to these Rewards Program Terms and Conditions that Prevail Health determines in its sole discretion are, on balance, more restrictive to an Enrollee than such terms and conditions in effect immediately prior to the effective date thereof shall have prospective effect as of and from the effective date on which these Reward Program Terms and Conditions are so modified to reflect such changes. Any changes Sponsor makes will be effective immediately on notice, which it may give either by posting to the Rewards Program pages of the Prevail websites or via electronic mail. An Enrollee's continued participation in the Rewards Program constitutes the Enrollee's acceptance of any changes to these Rewards Program Terms and Conditions. Enrollees are responsible for remaining knowledgeable as to any changes that Sponsor may make to these Regards Program Terms and Conditions.
3. Enrollees may not combine or transfer their Rewards Points with other Enrollees' Accounts. Enrollees may not sell, assign or otherwise transfer or perform any other action in any manner in violation or attempted subversion of these Rewards Program Terms and Conditions. Any attempt to combine or transfer Rewards Points will result in disqualification from the Rewards Program and forfeiture of all Rewards Points in any Enrollee's Account who has participated in such attempted combination or transfer. Sponsor reserves the right to take any other or additional action it deems appropriate in its sole discretion in the event that Sponsor believes (in its sole discretion) that an Enrollee (or Enrollees) has violated this or any other provision of these Reward Program Terms and Conditions.
4. Enrollees are responsible for the payment of all taxes which may result from the Reward(s) received as part of the Rewards Program.
5. It may take up to 96 hours after Enrollees perform specific activities to earn their corresponding Rewards Points to appear in the Enrollee's Account. An Enrollee needs to accrue 250 or more Rewards Points before the Rewards Points can be redeemed for any Reward. Any accumulated points less than 250 will be considered to have zero value.
6. Rewards Points are void if: (a) an Enrollee does not meet the eligibility criteria; (b) an Enrollee is not an Prevail Health User or Peer in good standing; (c) an Enrollee has not earned the Rewards Points in accordance with these Rewards Program Terms and Conditions and through legitimate channels; or (d) if the Rewards Points are counterfeit, altered, defective, tampered with or irregular in any way.
7. Each Enrollee is responsible for ensuring the accuracy of his/her Account and is encouraged to check his/her Account regularly.
8. If an Enrollee believes that Rewards Points were not properly accrued to his/her Account, the Enrollee must contact Prevail Health customer service through the "Help Desk" section of this website within 15 days of the day of the award date.
9. Sponsor's decisions regarding the awarding of Rewards Points are final and binding. Earned Rewards Points that are subsequently determined to be invalid for any reason are subject to disqualification and will be removed from such Enrollee's Account.
10. Enrollees may earn Rewards Points in the manner set forth above during the Rewards Program Period, unless extended or otherwise modified by Sponsor in its sole discretion.
1. Rewards Points earned through the Rewards Program can be redeemed for Rewards such as gift cards on the "My Rewards" Prevail websites page. Sponsor reserves the right to modify the Rewards Points values, at any time for any reason during the Rewards Program Period. Enrollees are responsible for ensuring their Account information is accurate and up to date. All Rewards Points conversions are final.
2. Rewards Points that have been unused for six (6) months or more after the day upon which such points are earned will expire by their terms (see Section C above).
3. Enrollees must earn Rewards Points in the manner set forth above by the end of the Rewards Program Period, unless extended or otherwise modified by Sponsor in its sole discretion.
1. See Section F.2. above regarding Sponsor's right to modify any of the Rewards Program Terms and Conditions set forth herein.
2. Sponsor reserves the right, exercisable in its sole discretion, to shorten the duration (such duration, the "Rewards Program Period") of or terminate the Rewards Program at any time, for any reason, even though termination may affect an Enrollee's ability to accrue or use his/her Rewards Points. In the event of an early termination of the Rewards Program Period, Enrollees will have at least 30 days from the date Enrollees' are notified of the Rewards Program's termination to redeem their Rewards Points. Enrollees are responsible for remaining knowledgeable as to any changes that Sponsor may make to these Regards Program Terms and Conditions, including the early termination thereof.
2. Sponsor reserves the right to discontinue the participation privileges of any Enrollee who engages in any fraudulent activity or uses the Rewards Program in a manner inconsistent with these Rewards Program Terms and Conditions or any federal, municipal, provincial, state or local or international laws, statutes or ordinances. Discontinued participation privileges may result in the loss of all accumulated Rewards Points. In addition to discontinuance of participation privileges, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
3. The Rewards Program is provided to individuals only. Corporations, associations or other groups may not participate in the Rewards Program. It is a violation of these Reward Program Terms and Conditions and fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single Account for the purpose of accumulating points for combined use.
4. Rewards Points may not be transferred or assigned, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law.
5. Sponsor is not responsible for any incorrect or inaccurate information supplied by Enrollees while participating in the Rewards Program.
6. All questions or disputes regarding eligibility for the Rewards Program, earning or redemption of Rewards Points, or an Enrollee's compliance with these Rewards Program Terms and Conditions will be resolved by Sponsor in its sole discretion.
1. Sponsor is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Rewards Program or utilized by the Enrollee, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Prevail websites or online service, or for any other technical or non-technical error or malfunction. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PREVAIL HEALTH SOLUTIONS LLC, ITS RELATED COMPANIES, PARENTS, SUBSIDIARIES, AFFILIATES, AND AGENTS AND THEIR AGENCIES, SUPPLIERS AND OTHER COMPANIES INVOLVED IN THE DEVELOPMENT OR EXECUTION OF THE REWARDS PROGRAM ("RELEASEES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE REWARDS PROGRAM OR MERCHANDISE OR ITEMS OFFERED THROUGH THE REWARDS PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF SPONSOR IMPROPERLY DENIES AN ENROLLEE ANY REWARDS POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF REWARDS POINTS. BY PARTICIPATING IN THE REWARDS PROGRAM, AN ENROLLEE WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. THE SPONSOR, ITS JOINT VENTURES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PROMOTION AGENCIES, AGENTS, SUCCESSORS, ASSIGNS, AND SERVICE PROVIDERS, ARE NOT RESPONSIBLE FOR ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE RELEASEES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED BY ANY OF THE RELEASEES OR ANY THIRD PARTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to any particular Enrollee. Reward Program Enrollees agree to rely solely on the manufacturer's warranties, if any, for any products redeemed through such Program.
2. As a condition of participating in the Rewards Program, Enrollee agrees that (a) any and all disputes, claims, and causes of action arising out of or connected with the Rewards Program, or any Rewards obtained through the Rewards Program, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and rewards shall be limited to actual, reasonable and reasonably substantiated out-of-pocket costs incurred, including costs associated with participating in the Rewards Program, but in no event attorneys' fees; and (3) under no circumstances will Enrollee be permitted to seek recovery for, and Enrollee hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual, reasonable and reasonably substantiated out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased.
3. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rewards Program Terms and Conditions, or the rights and obligations of any Enrollee and the Sponsor in connection with the Rewards Program, shall be governed by, and construed in accordance with, the laws of the State of Illinois U.S.A., without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Illinois U.S.A., or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Illinois U.S.A. By participating in the Rewards Program, Enrollee hereby irrevocably and unconditionally (a) consents to submit to the exclusive jurisdiction of the courts of the State of Illinois, Cook County, and of the United States of America located in the Northern District of Illinois for any action, suit or proceeding arising out of or relating to Enrollee's participation in the Rewards Program (and Enrollee hereby irrevocably and unconditionally agree not to commence any such action, suit, or proceeding except in such courts), (b) waives any objection to the laying of venue of any such action, suit or proceeding in any such courts and (c) waives and agrees not to plead or claim that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum.
4. These Rewards Program Terms and Conditions constitute the entire agreement between Program participants and Sponsor pertaining to the Rewards Program and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written, with respect thereto. No waiver of any of the provisions of these Rewards Program Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall a waiver constitute a continuing waiver unless otherwise expressly provided.
5. If any provision of these Rewards Program Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Rewards Program Terms and Conditions, which will otherwise remain in full force and effect.
6. Nothing in these Rewards Program Terms and Conditions shall be deemed to exclude or restrict any of an Enrollee's statutory rights as a consumer.
If a User or Peer decides to discontinue his or her use of any Prevail Health Service and would like to cancel his/her registration, he/she must email [email protected], include his/her name and request a cancellation of account. Peers who cancel their registration of accounts hereunder may nonetheless continue to be subject to other terms and conditions between such Peer and Prevail Health.
Prevail Health Solutions LLC