MomentStrong Terms and Conditions of Use

MomentStrong is a mobile health and wellness application delivering “Strength When You Need It.”  With MomentStrong, the user specifies times or locations where they know they will need help with health or wellness lifestyle challenges. MomentStrong sends a motivational message when the user reaches that location or at the specified time.  MomentStrong does not provide medical advice, and is not a health care provider, health plan, or professional, expert or specialty counseling service. 

Your use of the MomentStrong application (the “Service”) is governed by the terms and conditions of this Agreement.  Please read this Agreement carefully before accessing or using the Service. Throughout this Agreement, MomentStrong is referred to as "we" or "us."

General Terms and Conditions

Your access to and use of the Service binds you to this Agreement. If you do not agree to the Terms and Conditions of Use for this site, you may not use the Service. If you are under the age of 18, you may not use the Service without the direct supervision of a parent or legal guardian.

We may modify this Agreement at any time. Any modifications made to this Agreement will be effective immediately upon posting.  By accessing or using the Service, you agree to be bound by all of the terms and conditions of the Agreement as posted on this site and/or the Service at the time of your access or use. You agree to review the Agreement posted on this site and/or the Service each time you use the Service so that you are aware of any modifications made to this Agreement.

Not Medical Advice or Professional Counseling

ALL OF THE SERVICES PROVIDED BY MOMENTSTRONG ARE FOR MOTIVATIONAL PURPOSES ONLY.  THE COMMUNICATION AND CONTENT YOU WILL RECEIVE AND/OR HAVE ACCESS TO IS AUTOMATICALLY GENERATED BY THE SERVICE, BASED ON CERTAIN INFORMATION THAT YOU ENTER INTO THE SERVICE OR MAKE AVAILABLE TO THE SERVICE FROM YOUR MOBILE DEVICE, AND IS NOT GENERATED OR REVIEWED BY A PHYSICIAN, NURSE OR OTHER HEALTH CARE PROVIDER OR PROFESSIONAL, EXPERT OR SPECIALTY COUNSELOR.  THE SERVICE AND EVERYTHING CONTAINED WITHIN OR PROVIDED BY THE SERVICE SHOULD NOT BE CONSIDERED, AND MAY NOT BE USED AS, A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT OR AS A SUBSTITUTE FOR PROFESSIONAL, EXPERT OR SPECIALTY COUNSELING ADVICE, DIAGNOSIS OR TREATMENT.  YOU AGREE THAT THE SERVICE AND THE COMMUNICATION AND CONTENT GENERATED BY THE SERVICE DO NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT OR PROFESSIONAL, EXPERT OR SPECIALTY COUNSELING ADVICE, DIAGNOSIS OR TREATMENT.

WE ADVISE YOU TO ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER OR PROFESSIONAL COUNSELOR WITH ANY QUESTIONS REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS.  IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY.  IF YOU ARE IN THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR CALL FOR EMERGENCY MEDICAL HELP ON THE NEAREST TELEPHONE.

Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, AND YOUR USE OF THE SERVICE IS VOLUNTARY AND ENTIRELY AT YOUR OWN RISK.

WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, OR WITH RESPECT TO ANY THIRD PARTY CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE SERVICE.  WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY COMMUNICATION, CONTENT, INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.  WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

We do not warrant or guarantee that files available for downloading through the Service will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.

We, and our suppliers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data.  Users of this site and the Service are responsible for maintaining a means external to the Service for the reconstruction of any lost data.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this site, or any part thereof, with or without notice.

Limitation of Liability

NEITHER WE, OUR SUPPLIERS, NOR ANY OF OUR AFFILIATES, SUBSIDIARIES OR PARENT COMPANIES, NOR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS WILL BE LIABLE FOR ANY DAMAGES INCLUDING (BUT NOT LIMITED TO) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSS OF WAGES, REVENUE OR BUSINESS BECAUSE OF YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE WILL BE TO STOP USING THE SERVICE.

Indemnification

You will indemnify us, our suppliers, and any of our parent or subsidiary companies or organizations, and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to your use of the Service, or any breach or violation of this Agreement or any other term or condition contained on the Service.

Your Responsibilities

You are solely responsible for the upload or transmission of any communications or content that could be considered personal, personally identifiable, or confidential medical information and for all results of such upload or transmission of communications or content. 

Your use of your mobile device is subject to any agreements you have with your service provider and any fees they may charge, including but not limited to fees for messaging, data use or Internet access.  All fees resulting from the use of your mobile device are your sole responsibility.

You will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. 

You will not use this site for any purpose in violation of local, state, national or international laws.

You will not use this site as a means to distribute advertising or other unsolicited material to any third party.

You will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion.

You will not impersonate another person.

You agree to comply with all user responsibilities and obligations as stated in these Terms of and Conditions of Use.

Your Representations

You represent and warrant that you are at least 18 years of age (or are being supervised by a parent or legal guardian) and that you possess the legal right and ability to agree to these Terms and Conditions of Use and to use this site.

You represent and warrant that any and all content uploaded or transmitted to the Service by you is owned by you or you have obtained the necessary legal permissions to upload or transmit said content from the content owner. 

Conflict Resolution

You agree that this Agreement is entered into between you and us in the State of Florida, United States of America, and is performed within the State of Florida and governed by and shall be construed in all respects under the laws of the State of Florida, exclusive of its choice of law or conflict of laws provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the Service, you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the Florida State District Court, or if such court does not have subject matter jurisdiction, then you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the United States Court for the District of Florida, and whichever of those two courts has jurisdiction, you and we each waive any jurisdictional, venue or inconvenient forum objections to such court.

If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

This Agreement constitutes the entire agreement between you and us relating to the access and use of the site and any of its services. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement. Anything contained on the Service inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement.

Termination of Services

If you violate these Terms and Conditions of Use, we may, in our sole discretion, terminate your access to the Service, or any portion thereof. These actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law. Further, we shall not be liable to you or any third party for any such termination or discontinuance.

General

You agree that these Terms and Conditions of Use and all incorporated agreements between us and you may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger, acquisition or liquidation.

Our failure to act with respect to a breach by you or others of these Terms and Conditions of Use does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions of Use set forth the entire understanding and agreement between us and any site user with respect to the site, its uses and services.

Copyright and Trademarks

The materials on the site and the Service are copyrighted by us and/or other applicable rights holders. You may download and reprint a single copy of the materials from the Service for your own personal, noncommercial use only, provided you include all applicable notices and disclaimers. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s). 

Contact Information

If you have any questions about the Service, please contact us at info@MomentStrong.com.

 

Strength When You Need It