MOBE Terms and Conditions

Last Modified: 1/29/2015

Agreement and Terms

MOBE, LLC (formerly known as DS1, LLC) and its affiliates (“MOBE,” “we” or “us”) provide wellness and care management programs (the “MOBE Programs”) in combination with online and mobile services, including, but not limited to the MOBE Website (“mobeforlife.com” or the “Website”), widgets, computer programs, and mobile applications hosted by or on behalf of MOBE. Some of the MOBE Programs involve and are intended to enhance a consumer’s use of a wearable electronic motion monitoring product (the “Wearable”). The MOBE Programs and/or the Wearable may be offered by MOBE on its own behalf and/or on behalf of a sponsoring organization (“Sponsor”), such as your health plan, employer or a health care provider. The following terms and conditions, together with any documents they expressly incorporate by reference, (the “Terms and Conditions”) govern your access to and use of mobeforlife.com, including any content, functionality and services offered on, through or in combination with mobeforlife.com, including the MOBE Programs, whether as a guest or a registered user. The terms “you” and “user” shall refer to all individuals and entities that access the Website and/or the MOBE Programs.

Please read these Terms and Conditions carefully before you start to use the Website. By using the Website and/or the MOBE Programs, or by clicking to accept or agree to the Terms and Conditions when that option is made available to you, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, found at https://mobeforlife.com/pages/privacy-policy.html, incorporated herein by reference. You may use the Website and MOBE Programs only for lawful purposes and in accordance with these Terms and Conditions. If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not access or use the Website, the MOBE Programs or the Wearable.

The Website and MOBE Programs, including but not limited to the Wearable, are available for individuals who are 13 years of age or older. If you are age 13 or older but under the age of 18, you should review these Terms and Conditions with your parent or guardian to make sure that you and your parent or guardian understand them. Your parent or guardian must agree to these Terms and Conditions on your behalf by clicking to accept or agree when that option is made available.

Changes to the Terms and Conditions

We may make changes to the Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website, MOBE Programs and/or Wearable following the posting of such changes means that you accept and agree to the changes. You should check this page from time to time so that you are aware of any changes to the Terms and Conditions, as they are binding on you.

IMPORTANT NOTICE: MOBE does not provide medical advice

The MOBE Programs are intended to encourage general fitness, facilitate timely and effective delivery of care, and reduce costs for you, your employer and/or your health plan. The MOBE Programs are not medically supervised and may not accommodate for personal characteristics, such as physical or medical conditions, food allergies, or the taking of any medications (prescription or over-the-counter), even if you provide that information to MOBE. It is solely your responsibility to discuss all medical conditions and your current health status with your health care provider prior to beginning a MOBE Program and/or using the Website and we recommend that you do so. Content found on the Website or received through the MOBE Programs is for informational purposes only and is not intended to replace the relationship between you and your physician or other medical provider. You should always consult a physician before starting a fitness program, changing your diet, or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read on the Website or received through the MOBE Programs. You should consult with your physician before following any instructions you receive on the Website or through the MOBE Programs or participating in any event announced on the Website or offered through the MOBE Programs. Not all activities are suitable for everyone. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death. If you think you may have a medical emergency, call your physician or 911 immediately. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain.

We are not responsible for any health problems that may result from programs, products, or events you learn about through the Website or the MOBE Programs. If you engage in any program or activity you learn about through the Website or the MOBE Programs, you agree that you are voluntarily participating and do so at your own risk.

Access and Account Security

You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). Additionally, you agree not to:
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

MOBE may change or discontinue, temporarily or permanently, any feature or component of the Website and/or MOBE Programs at any time without further notice. You agree that MOBE shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of any feature or component of the Website or MOBE Programs. MOBE will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access to some parts of the Website, or the entire Website, including access by registered users.

Full use of the MOBE Programs requires a compatible Wearable, Internet access, and certain software that may require periodic updates. Full use of the MOBE Programs may be affected by the performance of these factors. You are responsible for making all arrangements necessary for you to have access to the Website.

To access the Website and MOBE Programs, you will be asked to provide certain registration details and other information. You represent that the information that you provide about yourself as requested in the MOBE account registration form (the “Registration Data”) is accurate and complete, and you agree to update your account information, as necessary, including providing MOBE with your current email address, so that you may receive notifications and other account-related communications.

You are responsible for maintaining the confidentiality of your login information and password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to notify us immediately of any unauthorized access to or use of your user name 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. MOBE cannot and does not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your MOBE account or for any third-party’s fraudulent use or misuse of information submitted by you.

MOBE has the right to disable any user name, 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 and Conditions.

Use of this Website and the MOBE Programs is subject to the MOBE Privacy Policy, which can be found at http://mobeforlife.com/pages/privacy-policy.html

Content Ownership

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) and all aspects of the MOBE Programs, are owned by MOBE, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, or create derivative works of, publicly display, publicly perform, republish, download, store, transmit or commercially exploit any part of the Website or MOBE Programs except as necessary to use or view the content therein and to create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use. All rights in the Website content and MOBE Programs not expressly granted to you by MOBE are retained by MOBE and its licensors.

The MOBE name and all related names, logos, product and service names, designs and slogans are trademarks of MOBE or its affiliates or licensors. You must not use such marks without the prior written permission of MOBE. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

If you violate any of these Terms and Conditions, our permission to you to use the Website and MOBE Programs automatically terminates and you must immediately destroy any copies you have made of any portion of Website and MOBĒ Program content.

Third-Party Content

The Website and/or MOBE Programs may reference or include links to, or content from, third-party websites, resources, services, applications or tools (“Third-Party Content”). Third-Party Content is provided for your convenience and reference only. Such products are not a substitute for medical treatment, are intended solely for motivational and informational use, and are not intended to treat or diagnose any disease. We do not monitor Third-Party Content and are not responsible for the quality, accuracy, security, functionality, or practices of Third-Party Content. We strongly encourage that you read the terms of use and privacy policies (if any) of such applications and websites if you decide to use them. You agree that MOBE has no liability for any damage or loss of any type that is a result of your use of or reliance upon Third-Party Content. If your use of or access to any component of the Website and/or MOBE Programs requires that you agree to the Terms and Conditions of any of our affiliates or suppliers, you will be given an opportunity to review such Terms and Conditions.

If any of the websites we reference or to which we provide links include community postings, such as message boards and forums, you understand that MOBE does not endorse any information posted on these sites and that posts made by users do not necessarily reflect the views of MOBE. Community postings should not be taken as medical advice. Any action taken by you based on information presented in community postings is at your own risk.

No Warranties; Limitation of Liability

YOU ARE RESPONSIBLE FOR ANY ACTS OR OMISSIONS RELATING TO YOUR USE OF THE WEBSITE AND/OR MOBĒ PROGRAMS AND FOR ANY DAMAGES INCURRED AS A RESULT THEREOF. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NOT REPRESENTED THE MOBĒ PROGRAMS AS HAVING THE ABILITY TO DIAGNOSE DISEASE, PRESCRIBE TREATMENT, OR PERFORM ANY OTHER TASKS THAT CONSTITUTE THE PRACTICE OF MEDICINE OR OF OTHER PROFESSIONAL OR ACADEMIC DISCIPLINES. THE WEBSITE AND MOBĒ PROGRAMS ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. WE DO NOT, AND OUR SUPPLIERS DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING THE MOBĒ PROGRAMS, 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE AND OUR SUPPLIERS EACH DISCLAIM, TO THE EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ON BEHALF OF US AND OUR SUPPLIERS, ALL RESPONSIBILITY FOR ANY DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE MOBĒ PROGRAMS OR CONTENT AVAILABLE ON OR THROUGH THE WEBSITE AND MOBĒ PROGRAMS, 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.

IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE MOBĒ PROGRAMS OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY AGAINST MOBĒ, ITS PARTNERS, AFFILIATES, SERVICE PROVIDERS, LICENSORS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS AND ASSIGNS, IS TO DISCONTINUE USING THE WEBSITE AND/OR MOBĒ PROGRAMS.

Indemnification

You agree to defend, indemnify, and hold harmless MOBĒ and its partners, affiliates, service providers, licensors, and its and their respective officers, directors, employees, contractors, agents, successors and assigns from and against any and all losses, liabilities, damages, and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions, or demands related to or alleged to relate to: (a) your use of the Website and/or MOBĒ Programs; (b) your violation of the Terms and Conditions; or (c) your violation of any intellectual property or other third-party rights or any applicable law in connection with your use of the Website and/or MOBĒ Programs. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting and available defenses.

General Terms

The Terms and Conditions and the resolution of any dispute related to the Terms and Conditions or to the MOBĒ Programs shall be governed by and construed in accordance with the laws of the State of Minnesota without respect to its conflict of laws principles. Any legal action or proceeding against MOBĒ related to the MOBĒ Programs shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Hennepin County, Minnesota, and you agree to submit to the personal and exclusive jurisdiction of such courts. If any provision(s) of the Terms and Conditions is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. MOBĒ’s failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MOBĒ in writing. These Terms and Conditions constitute the entire agreement between you and MOBĒ with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.

Contact Us

This website is operated by MOBĒ, LLC. All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@mobeforlife.com