incentaHEALTH, LLC User Agreement
1. Program Overview
Welcome to the incentaHEALTH program. This program is offered to help you lose weight and keep it off. You will begin the program by performing an initial weigh in at the incentaHEALTH Automated Weigh Station. Based on your health program election, you will receive regular emails covering tips and information for proper nutrition and exercise. Quarterly you will return to incentaHEALTH automated Weigh Station to weigh in. If you have lost weight you are eligible to receive an incentive check based on the amount of weigh lost. If you continue to keep the weight off, you may receive quarterly checks for up to nine consecutive months after your second weigh in. If you regain some or all of the weight from one weigh in to the next your check will be reduced or eliminated depending on how much weight you regain. At the end of 12 months, your baseline weight will be recalculated based on your new weight. If you are still overweight (as determined in accordance with section 2 below), you may be eligible to earn new incentive checks by losing more weight.
2. Privacy
All of the personal information you provide to incentaHEALTH is securely stored in the incentaHEALTH data center. The information is used to calculate your incentive check amounts. No one else has access to your individual weight measurement data.
3. Improper Manipulation of Weight Readings
You are not allowed to artificially influence your weight to create an inaccurate weight reading. This includes, but is not limited to, making your weight higher or lower than your actual weight or having others weigh in for you. If it is determined that you are attempting to manipulate the system in any manner you shall be immediately terminated from the program. You will not be entitled to any additional incentive checks if it is determined that you have manipulated the program. 4. Weigh Ins If you do not complete a weigh in as required under the program you will not be eligible to receive any incentive check until you perform the next quarterly weigh in. 5.Payment of Incentive checks Incentive checks will be paid to you by incentaHEALTH on a quarter by quarter basis.
6. Cancellation
You may cancel your participation in the program only after three months of participation. Cancel be emailing unsubscribe@incentahealth.com. Upon cancellation of your participation in the program, you are entitled to receive incentive payments only through the date of cancellation.
7. No Guaranty of Weight Loss
incentaHEALTH does not guaranty any weight loss by participating in the program.
8. Consultation With Physician
incentaHEALTH recommends that you consult with your physician prior to beginning the program in order to determine the suitability of the program to your own needs.
9. Waiver, Release and Limitation of Liability
In consideration of your participation in the incentaHEALTH program, you hereby accept all risk to your health and any injury or death that may result from such participation and you hereby release incentaHEALTH, and their respective officers, directors, employees, agents, successors and assigns from any and all liability to you, your personal representatives, estate, heirs, next of kin and assigns, from any and all claims and causes of actions for all illness or injury to your person resulting from your participation in the incentaHEALTH program, including, without limitation, your death, any medical problems or any health issues, whether caused by the negligence of incentaHEALTH, or any of its respective officers, directors, employees, agents, successors and assigns. In no event shall incentaHEALTH be responsible for any damages (including, without limitation, incidental and consequential damages) resulting from your participation in the incentaHEALTH program, whether based on warranty, contract, tort, or any other legal theory, and whether or not incentaHEALTH is advised of the possibility of such damages. Remedies under this Agreement are exclusive and are limited to those expressly provided for in this Agreement.
10. Indemnification
You agree to defend, indemnify and hold incentaHEALTH, and its respective officers, directors, employees, agents, successors and assigns harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable attorneys fees, resulting from your violation of this Agreement.
11. Term of Agreement
Unless sooner terminated by you, this Agreement remains in effect for as long as you elect to participate in the incentaHEALTH program. Upon termination of the program, you are entitled to receive incentive payments only through the date of termination.
12. General
This Agreement shall be governed by and construed according to the laws of the State of Colorado, without giving effect to conflict of laws principles which might otherwise require the application of the laws of another jurisdiction. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND IT TO BE A RELEASE OF ALL CLAIMS AND CAUSES OF ACTION AGAINST INCENTAHEALTH FOR MY INJURY OR DEATH THAT OCCURS WHILE PARTICIPATING IN THE INCENTAHEALTH PROGRAM.