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END-USER LICENSE AGREEMENT

Terms and Conditions of Use of the Opt-In for Life Application

 

 

NEVER USE THE APPLICATION FOR EMERGENCY OR OTHER URGENT MEDICAL ISSUES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR NEED URGENT MEDICAL CARE, IMMEDIATELY CALL 911 OR GO TO YOUR LOCAL EMERGENCY ROOM, AND/OR CALL YOUR PHYSICIAN.

 

ALL HEALTH AND HEALTH-RELATED INFORMATION IN THE APPLICATION IS PROVIDED SOLELY FOR YOUR CONVENIENCE, AND IS NOT A SUBSTITUTE FOR A VISIT TO A LICENSED HEALTHCARE PROVIDER. PLEASE SEE YOUR PHYSICIAN, NOT THE APPLICATION, FOR ALL MEDICAL ADVICE AND CARE.

 

  • Please use this app for support relating to your healthcare.
  • If you have problems with the app, please contact Opt-In for Life.
  • Expect a response within 24-72 hours, excluding weekends, evenings, or holidays. The Application functions just as a doctor’s office; we will address any concerns in the same amount of time.

 

The Opt-In for Life application (the “Application”) is provided solely for the convenience of Opt-In for Life participants. Your access to and use of the Application is subject to and governed by the terms and conditions of this End-User License Agreement (“Terms and Conditions” or “Agreement”), your healthcare provider’s privacy statement, and all applicable laws, rules and regulations. Throughout this Agreement, your healthcare provider is referred to as “Opt-In for Life,” “we,” or “us.” Throughout this Agreement, users of the Application will be referred to as “you” or “Users.”

 

 

  1. Entire Agreement

 

This Agreement constitutes the entire agreement between you and Opt-In for Life related to your access to and use of the Application, and supersedes all written or oral agreements, statements, representations, or warranties relating to the subject matter hereof.  Please carefully review all provisions of these Terms and Conditions.  Your acceptance of this Agreement and use of the Application constitutes your acknowledgment that you are eighteen (18) years of age or older and that you have read, understand, and agree to be legally bound by this Agreement.

 

  1. General Terms and Conditions

 

By accepting these Terms and Conditions and downloading the Application, you agree to comply with this Agreement and all applicable laws, rules and regulations. Your access to and use of the Application is subject to your agreement to these Terms and Conditions and such laws, rules and regulations. The terms and conditions set forth in this Agreement may be viewed at any time by https://optinforlife.org/app-eulaIf any provision(s) of this Agreement conflict with any other term, policy or condition applicable to the Application or otherwise published on the Opt-In for Life website (https://optinforlife.org/) (the “Site”), the relevant provision(s) of this Agreement shall control, prevail, and be enforced.

 

The Application is a voluntary offering from Opt-In for Life, and you may elect to register for, or to not register for, an Application account.

 

If you download the Application and create an account, you agree that you will:

 

  • use the Application in compliance with this Agreement and all applicable laws, rules and regulations governing your access and use of the Application;
  • use reasonable efforts to learn how to use the Application, and not rely solely on Opt-In for Life for assistance in doing so;
  • not upload or transmit any communications or content of any type to the Application that infringes or violates any rights of any party;
  • use the Application only in a manner that is considerate and respectful of your healthcare providers, and not to attack, bully, demean, harass, threaten, or otherwise act in a manner that is disrespectful of your healthcare providers;
  • not use the Application as a means to distribute advertising or other unsolicited material to any third party;
  • not post material to the Application that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity, infringing, explicit, or otherwise inconsistent with the spirit of these Terms and Conditions and the Opt-In for Life ethos;
  • not impersonate another person or create any false account information or record for yourself or others on the Application;
  • not attempt to test, probe, or circumvent any privacy, confidentiality, security or like measures protecting the Application;
  • periodically review and update the information you provide to us so that it is kept up-to-date;
  • advise us of any suspected typographical errors, inaccuracies or other errors in any data, information or other material accessible or provided or located on or through the Application;
  • promptly tell us if you wish to discontinue you Application accounts or access.

 

Your creation of an Application account constitutes your express consent to (a) using electronic communication methods to (i) accept these Terms and Conditions, and (ii) post all notices provided pursuant to these terms; and (b) the use of electronic records to store information relating to your use of the Application and these Terms and Conditions.

 

You represent and warrant to us that:

 

  • you are 18 years or older;
  • you reside within the United States;
  • you possess the legal right and ability to agree to these Terms and Conditions; and
  • all information you provide to us in connection with your account setup and activation as well as your access and use of the Application is and will remain complete and accurate.

 

  1. Modifications and Amendments to these Terms and Conditions

 

We have the right to modify this Agreement at any time, in our sole discretion, provided that we will provide you with notice of any such modifications by email or a notification in the Application. You agree to re-review these Terms and Conditions each time you receive notice of any such modifications or amendments. In general, modifications to these Terms and Conditions will not apply retroactively, but will become effective when posted. Your continued use of the Application constitutes your acceptance of all modifications or amendments to this Agreement. If you do not agree with our modifications to these Terms and Conditions, you should discontinue your access to and use of the Application. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

 

  1. Account Creation; Termination of Agreement; Account Locks, Modifications, or Discontinuation

 

Accounts are granted in Opt-In for Life’s sole discretion.  This Agreement shall continue until it is terminated by you or Opt-In for Life. Opt-In for Life may, at any time and for any reason, in our sole discretion, modify, limit, revoke access to, temporarily or permanently lock or disable, discontinue, or terminate your account with or without notice to you, including but not limited to your failure to comply with any terms of this Agreement.

 

The above actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law or equity. Further, we shall not be liable to you or any third party for any such termination, lock, modification or discontinuance.

 

You may withdraw your acceptance of these Terms and Conditions and terminate this Agreement by notifying Opt-In for Life through your provider, by emailing Optin@hmc.psu.edu, or by calling 717-531-8881, Option 5.   You will not be able to access or use the Application upon providing Opt-In for Life with notice of termination.

 

  1. Electronic Messaging Privacy

 

The Application may permit you to securely exchange electronic messages and other information with your healthcare providers. You agree that you will not use the Application, including its messaging functionality, for emergency or other urgent healthcare needs, or as a substitute for actual medical advice and care by a physician.  It is your sole responsibility to monitor your account for messages and other information and to respond and/or to act (or not) upon them in a timely and appropriate manner.

 

Electronic messages you send through the Application may become part of your permanent medical record and may be used or disclosed as provided in this Agreement and your healthcare provider’s privacy policy. Any messages you send must therefore pertain only to your healthcare and medical conditions, and not those of a friend, family member or any other person (whose information does not belong in your medical record). It is your sole responsibility to ensure complete and accurate information is provided in any electronic messages you send through the Application. Any response to such communications will be based solely on the information provided.

 

Do not use the Application’s messaging capabilities to communicate Social Security Numbers, medical record numbers, or bank or credit card numbers.

 

  1. Personal Information and Connectivity to Personal Technology

 

You may choose to connect to the Application to certain personal electronic devices (such as your mobile phone, tablet, smartwatch, or other device, hereinafter collectively referred to as “personal technology”). Your use of the Application allows you to store and transmit information using your personal technology, and Opt-In for Life to access, obtain and receive certain information about you, which information may include individually- identifying, personal, sensitive or confidential information (“personal information” or “PI”). Your acceptance of this Agreement and use of the Application also allows us to place and store this PI in your electronic health record, and also allows Opt-In for Life and its affiliated entities to use and access your PI by for purposes of providing services to you through the Application and for research.  You further acknowledge and agree that Opt-In for Life may collect certain information from your use of the Application to assist in Opt-In for Life-related research efforts.

 

You understand and acknowledge that Opt-In for Life is not and will not agree to be a party to any agreements or understandings you may have with third parties concerning any personal technology or PI described above. To the extent you choose to authorize us to engage in any of the activities described in the preceding paragraph, you also represent and warrant that (i) you have the right to authorize Opt-In for Life to connect to personal technology and to access, obtain, receive, place, store, use and disclose PI for your treatment or other uses or disclosures as described in your healthcare provider’s privacy policy; (ii) you are the only authorized user of the personal technology transmitting your PI through personal technology, and not that of any other person or organization; and (iii) none of the activities you authorize through the Application otherwise violate or are inconsistent with any terms or conditions concerning the personal technology or any PI accessed, obtained or received in, from or through it.

 

You acknowledge and agree that any PI accessed, obtained, or received in, from or through personal technology with your permission as described above will be placed and stored in, and become a permanent part of, your electronic health record maintained by your healthcare provider. You acknowledge and agree that your healthcare provider solely and exclusively owns and holds all rights, title and interest in and to all data, including PI, in its electronic health record (as well as in any and all works created or derived by anyone from such data), subject to individual rights, if any, with respect to that data under applicable United States federal law or Pennsylvania law.

 

You understand and acknowledge that Opt-In for Life neither owns nor controls any of your personal technology, and that Opt-In for Life accordingly makes no promises, warranties or representations, to you or anyone else, regarding either (i) the confidentiality, privacy, accuracy or completeness of PI accessed, obtained or received or from your personal technology, or (ii) the security of any electronic connection to or transmission PI from your personal technology to Opt-In for Life. You understand, acknowledge and agree that you have a responsibility to review any PI that you store in the Application and to correct any information that you believe is inaccurate or incomplete. If you do not want Opt-In for Life, or any other parties with access to the PI that you store in the Application, to obtain, receive, place, store, view, use or disclose PI that is accessible in, from or through personal technology, you may elect not to use Application functionalities that requires your PI.

 

You agree to provide any and all information, and to enter into such further written agreements, as may be reasonably requested by Opt-In for Life in order to validate the acknowledgements, understandings, agreements, representations and warranties and to preserve Opt-In for Life’s rights as stated above.

 

  1. Test Results

 

You may use the Application to view certain test results that are made available to you by your healthcare provider. Please note that certain test results may not be available via the Application. It is your sole responsibility to follow up with your healthcare provider to request, review and discuss any tests or test results, and to notify them if you do not see results of tests in the Application that you believe to have been done and expected to be available for your review in the Application.

 

  1. Medication Management

 

The provision of information about or the enablement of a reminder system or medication tracking with respect to any drug or product is not a recommendation or endorsement by us for such drug or product.  While the Application may assist you with medication management, it does not prescribe, dispense, or refill prescriptions for you.  Please consult your healthcare provider and/or pharmacist for information on any drug interactions and dosages.

 

  1. Medical Disclaimer

 

The Application is provided for informational purposes only.  The Application constitutes neither the practice of any medical, nursing or other health profession, nor the provision of health care or any other professional advice, diagnosis or treatment and should not be used as a substitute therefor. The information in the Application is not your complete, official medical record, nor should it be relied on in any way for medical decision-making or to suggest a course of treatment for you or anyone else. If you have or suspect that you have a medical problem or condition, call your physician. Never disregard medical advice or delay in seeking it because of something you have read in the Application.  Always seek the advice of your healthcare provider to answer any questions you may have.

 

  1. Privacy Policy

 

When you use the Application, we will collect certain personal information from you, as set forth in more detail in this Agreement and your healthcare provider’s privacy policy.  For reference, the privacy policies of all Opt-In for Life participating institutions are available for review at the Opt-in For Life website (https://optinforlife.org/). In the event of a conflict between this Agreement and your healthcare provider’s privacy policy, the terms of this Agreement shall control. We may access and monitor your Application usage, including to enforce these Terms and Conditions. We may need to provide you with certain communications relating to the Application, such as service announcements and administrative messages, which are considered part of the Application service and which you may not be able to opt-out from receiving.

 

  1. Data Security

 

You are solely responsible for remembering and maintaining the security of your Application ID, Application password, and all other confidential information relating to you and your access and use of the Application (“User Information”). It is extremely important that you keep all User Information completely confidential, private and secure, and not provide it to anyone else or allow anyone else access to it. Anyone with access to User Information will have access to your PI, including but not limited to your personal health information. That person will also be able to read your Application messages and send new messages as if they were you. It is your sole responsibility to regularly change your password, in order to prevent unauthorized access to your Application account. You may click the “Forgot password” link on the sign-in page to reset your password online. You must change your password regularly and notify us immediately if you know or suspect that your Application account and/or User Information have been compromised.

 

Opt-In for Life takes reasonable and appropriate steps to secure your PI in the Application. We take no responsibility for, and disclaim any and all liability to you or anyone else resulting from, arising out of or in any way relating to or connected with, directly or indirectly, the Application confidentiality, privacy or security failures due in whole or in part to any act or omission by us, you, or any third party, including without limitation not logging out of an active session; lost or stolen User Information; use of the Application’s web interface on from a publicly available computer or Internet kiosk (e.g. a computer in a public library or hotel business center); downloading, printing, publishing, reproducing, transcribing, storing, transmitting in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), redistributing or selling information from the Application; user computer settings or installed software products that may compromise information security; failure to maintain anti-virus software or regularly apply software updates on the user’s computer; or any other acts, omission, events or circumstances outside Opt-In for Life’s direct control.

 

 

 

 

  1. Use of Content; Ownership

 

The entire contents of the Application constitute a collective work protected under the copyright laws of United States and other federal and state laws. As between Opt-In for Life and you, Opt-In for Life holds the copyright and all other property rights and interests in the collective work. The collective work includes works that are the property of our respective suppliers, licensors, and other content providers (collectively, “Content Providers”) licensed to Opt-In for Life, which works and property are protected by copyright and other intellectual property laws, and well as other works and all data, information or other materials, including any medical records, provided or accessible using the Application. Subject to any restrictions or limitations relating to specific material, you are hereby granted a limited non-exclusive right to use the Application solely for your own personal, noncommercial purposes, unless otherwise prohibited herein or hereunder. You agree not to change or delete any proprietary notices from materials downloaded or printed from the Application. Unauthorized use of the content may violate copyright, trademark, and other laws. You shall not reverse-engineer, disassemble, decompile, download, print, publish, reproduce, transcribe, store in a retrieval system, translate into any language or computer language, re-transmit in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), redistribute, sell, resell or otherwise put to commercial use of any the content or any copyrighted material or any other works or data, information or other materials located in or provided or accessible through the Application. You shall not use any robot, spider, other automated device, or manual process, or any third party to do any of the foregoing without the express prior written consent of Opt-In for Life and any third party owner(s). We (and they) reserve the right to investigate and take appropriate civil and/or criminal legal action with respect to any actual or alleged violation of the foregoing or other infringement upon the intellectual property rights of us, our suppliers or licensors.

 

We encourage community comments, suggestions and feedback on the Application, and we reserve the right to use such communications to modify, improve, or otherwise inform further development of the Application. Further, by sending Opt-In for Life any communications using the Application, you grant us an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those communications in and on all media now known or later developed, and you also agree that we are free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. You expressly acknowledge that you offer any such input or communications without expectation of compensation, partnership, or recognition, and that we shall have the right to retain and use any such information in current or future development of the Application service, without compensation to you. You hereby waive your moral rights in any such input or communications, and you hereby warrant that any such input or communications are original with you, or that you have the right to submit such input or communications, and you agree to assign to Opt-In for Life all right title and interest therein which shall be deemed our sole and exclusive property. You agree that you shall have no recourse against Opt-In for Life for any alleged or actual infringement or misappropriation of any proprietary right in your input or communications to us.

 

Any intellectual property or other property rights not expressly granted to you pursuant to these Terms and Conditions are hereby reserved by Opt-In for Life.

 

  1. Intellectual Property Rights

 

Opt-In for Life is a copyright of The Pennsylvania State University.  It and all other copyrights, service marks and logos used in the Application are the trademarks, service marks, or logos of their respective owners. Nothing contained in the Application should be construed as granting any license or right to use any trademark, service mark, or logo displayed on this Site without the express written permission of Opt-In for Life or the third party that may own the trademark, service mark, or logo.

 

  1. Site Links

 

The Application may contain links to other sites, and other web sites may provide links to the Application. These links are provided for your convenience only. We may or may not have any control over these sites, and in any event we make no warranties or representations to you about them, and we cannot and do not assume any liability or responsibility for them, including for any content or other items or services provided to you by or through such sites. You should not consider any link to or from another site as an endorsement of that site by us, our affiliate, parent or subsidiary corporations or organizations, or our or their officers, trustees, directors, employees contractors or agents, or any Content Providers, or our and their successors and assigns. It is up to you to take precautions to ensure that whatever you select for your use or download from these others’ sites is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to the Application, you do this entirely at your own risk.

 

  1. No Warranties

 

YOU ACKNOWLEDGE AND AGREE THAT THE ACCESS GRANTED BY OPT-IN FOR LIFE TO THE APPLICATION IS SOLELY FOR YOUR CONVENIENCE AND FOR THE LIMITED PURPOSES DESCRIBED HEREIN. THE APPLICATION IS THEREFORE PROVIDED ON AN “AS IS” BASIS ONLY, WITH NO WARRANTY OF ANY KIND AS TO THE APPLICATION OR WITH RESPECT TO ANY INFORMATION, PRODUCTS, SERVICES, PRODUCTS OR MATERIALS ACCESSIBLE OR PROVIDED ON OR THROUGH THE APPLICATION, AND ALL ACCESS TO, AND/OR USE OR FURTHER DISCLOSURE OF ANY OF THE FOREGOING IS ENTIRELY AT YOUR OWN RISK. OPT-IN FOR LIFE DOES NOT MAKE AND, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMS ANY AND ALL WARRANTIES OR GUARANTEES, PURSUANT TO STATUTORY OR COMMON LAW, EXPRESS OR IMPLIED, IN OR UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THAT THE APPLICATION OR THE INFORMATION OR MATERIALS ACCESSIBLE OR LOCATED IN OR PROVIDED THROUGH THE APPLICATION WILL BE ERROR-FREE, OR AS TO EASE OF OR SECURE, TIMELY OR CONTINUOUS ACCESS TO, OR AS TO FREEDOM FROM ANY POSSIBLE CONSEQUENCES SUCH AS LOSS OF DATA OR VIRUSES OR ANY OTHER CONTAMINATION, OR DESTRUCTIVE SOFTWARE OR PROGRAMS OR CODE ARISING FROM OR IN CONNECTION WITH SUCH ACCESS TO OR USE OF, OR OTHERWISE AS TO MERCHANTABILITY, ACCURACY, COMPLETENESS, COMPLETENESS, ADEQUACY, TIMELINESS, USEFULNESS, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE OF, THE APPLICATION, ANY INFORMATION OR MATERIALS ACCESSIBLE OR PROVIDED ON OR THROUGH SUCH, OR ANY OTHER EQUIPMENT, SYSTEMS, SOFTWARE, CLINICAL RECORDS OR OTHER DATA MADE ACCESSBLE OR PROVIDED HEREUNDER.

 

YOUR ACCESS USE OF THE APPLICATOIN IS SOLELY AT YOUR DISCRETION. YOU SOLELY ASSUME ALL RISKS ASSOCIATED WITH SUCH AND USE OF THE APPLICATION, ANY INFORMATION OR MATERIALS ACCESSIBLE OR PROVIDED ON OR THROUGH SUCH, AS WELL AS OF RELATED OR LINKED SITES, PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION THE RISKS OF DATA ERROR, CORRUPTION, LOSS, INTRUSION, UNAUTHORIZED ACCESS, USE OR DISCLOSURE, FAILURE OR DELAY, OR INTERRUPTION.

 

  1. Limitation of Liability; Release; Indemnity; Equitable Relief; Time Limit on Claims

 

You, on your own behalf and that of any other person or entity who may claim by or through you or on your behalf, as well as on behalf of any person or entity accessing the Application using your account or password, agree that neither we, our affiliates, parent or subsidiary corporations or organizations, nor our or their officers, trustees, directors, employees contractors or agents, nor any Content Providers, nor our and their successors and assigns, shall have any responsibility or liability to you or anyone else, under any theory of liability (including but not limited to claims based upon negligence), under this Agreement or otherwise in connection with your use of the Application, the information or material contained or accessible therein, provided or obtained through the Application or any decision made or not made or action taken or not taken based in whole or in part upon such information or material. Except as otherwise prohibited by law, in no circumstances will Opt-In for Life be responsible or liable to you or anyone else for any indirect, special, incidental, consequential, exemplary, punitive or any other damages of any such type, regardless of the legal theory under which such damages are sought(including but not limited to claims based upon negligence), arising under, in connection with or otherwise relating to this Agreement or otherwise in connection with your use of the Application, the information or material contained in or accessible, provided or obtained through the Application, or any decision made or not made or action taken or not taken based in whole or in part upon such information or material, even if informed of the possibility of such damages. Your sole and exclusive remedy for your dissatisfaction with the Application or your disagreement with these Terms and Conditions will be to stop using the Application.

 

To the maximum extent permitted by applicable law, you, on your own behalf and that of any other person or entity who may claim by or through you or on your behalf, as well as on behalf of any person or entity accessing the Site using your account or password, hereby release and forever waive any and all claims you may have against us, or our affiliates, parent or subsidiary corporations or organizations, or our or their officers, trustees, directors, employees contractors or agents, or any Content Providers, or our and their successors and assigns, under any theory of liability (including but not limited to claims based upon negligence), for any and all liabilities, losses, damages, injuries, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys’ fees and other legal costs or expenses), of every kind and nature, arising out of, relating to or otherwise in any way connected with, directly or indirectly, this Agreement or otherwise in connection with your use of the Application, the information or material contained in or accessible, provided or obtained through the Application, or any decision made or not made or action taken or not taken based in whole or in part upon such information or material.

 

You, on your own behalf and that of any other person or entity who may claim by or through you or on your behalf, as well as on behalf of any person or entity accessing the Application using your account or password, agree to indemnify and hold us, and our affiliates, parent or subsidiary corporations or organizations, and our or their officers, trustees, directors, employees, agents, and any Content Providers, and our and their successors and assigns (each of the foregoing, an “Opt-In for Life Indemnitee”, and collectively, the “Opt-In for Life Indemnitees”), against any and all claims, demands, actions, liabilities, losses, damages, injuries, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys’ fees and other legal costs or expenses) brought or awarded against, suffered, incurred, paid or payable by one or more Opt-In for Life Indemnitees arising out of, relating to or otherwise connected with, directly or indirectly, this Agreement, your acts or omissions hereunder (including your breach hereof), or otherwise in connection with your use of the Application, the information or material contained in or accessible, provided or obtained through the Application, or any decision made or action taken or not taken based in whole or in part upon such information or material.

 

You acknowledge that the recovery or threatened breach of damages, indemnities or other compensation hereunder may not be an adequate means to redress a breach of this Agreement by you and, accordingly, you specifically agree that any or all of the Opt-In for Life Indemnitees shall have the right of injunctive relief and specific performance hereof, without the requirement of proving damages, or posting bond or other surety, in addition to any other available remedies they may have hereunder or otherwise at law or equity.

 

ANY CLAIM OR CAUSE OF ACTION, REGARDLESS OF THEORY, BROUGHT BY YOU (OR ANYONE CLAIMING BY OR THROUGH YOU OR ON YOUR BEHALF) AND ARISING OUT OF OR RELATING TO OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION WITH RESPECT TO YOUR USE OF THE APPLICATION, MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DATE OF THE OCCURRENCE OF THE EVENT (OR, IF A SERIES OF EVENTS, THE FIRST EVENT IN SUCH SERIES) GIVING RISE TO THE CLAIM OR CAUSE OF ACTION OR SUCH CLAIM OR CAUSE OF ACTION SHALL BE FOREVER BARRED.

 

  1. Choice of Law, Jurisdiction and Venue

 

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, exclusive of its conflicts of law rules. You agree to submit to the exclusive jurisdiction of the state and federal courts sitting in Dauphin County, Pennsylvania for any dispute with or claim against Opt-In for Life arising out of, in connection with or otherwise relating to this Agreement, and you hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney fees.

 

Use of the Application is not authorized in any jurisdiction that does not give effect to the terms and conditions set forth herein.

 

We and this Site are located and operated in the Commonwealth of Pennsylvania, United States; the Application is intended for use only by residents of the United States.  We follow the laws of the United States and the Commonwealth of Pennsylvania with regard to the operation of the site and the Application, including the laws of the United States and the Commonwealth of Pennsylvania relating to use and protection of personally identifiable data and protected health information. We will not be held to laws or standards of other jurisdictions other than those of the United States and the Commonwealth of Pennsylvania.

 

  1. Relationship of the Parties

 

Nothing herein shall in any way or in any manner be deemed to create any obligation or liability of either party to, or any rights or remedies in, or otherwise confer any benefits upon, any person or entity that is not a party hereto; provided, however, the provisions of paragraphs entitled “Medical Disclaimer”, “Termination of Services”, “Trademark Notice”, “Site Links”, “No Warranties”, “Limitation of Liability”; “Release; Indemnity; Equitable Relief; Time Limit on Claims”, “Choice of Law, Jurisdiction and Venue”, “Your Agreement”, and this paragraph and are for the benefit of Opt-In for Life and its affiliates, and their parent and subsidiary corporations or organizations, and its and their officers, trustees, directors, employees, contractors and agents, and (as applicable) Content Providers, and its and their successors and assigns. Each of these individuals or entities shall have the right (but not the obligation) to assert and enforce those provisions directly against you on its own behalf.

 

  1. Construction; Headings; Severability

 

This Agreement will not be presumptively construed for or against either party. The section headings used herein are for reference and convenience only, and shall not enter into the interpretation hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

 

  1. Cumulative Remedies; Waiver

 

All of our rights and remedies provided in this Agreement are cumulative and not exclusive of any other rights or remedies that may be available to us hereunder or otherwise at law or equity. Further, any failure on our part to act with respect to a violation by you or others of these Terms and Conditions does not waive our right to act with respect to subsequent or similar violations.

 

  1. Assignment

 

You shall not assign this Agreement or your duties, rights or remedies provided hereunder to any third party, and any such attempted assignment will be voidable at our option. Opt-In for Life may assign this Agreement and its duties, rights and remedies hereunder to any third party at any time without notice to you.

 

  1. Survival

 

The following Sections of this Agreement shall survive its termination or expiration: 3, 4, 6, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, and 22.