Terms and Conditions
By using any of the ProChange applications, (herein collectively referred to as the “Program”), or by using any services offered by Pro-Change Behavior Systems, doing business as ProChange Behavior Solutions (“ProChange”), you agree that you have read, understood, agree to, and
will abide by, all terms of this Agreement. We recommend you read
this Agreement completely as you are agreeing to the terms of this
agreement as well as agreeing to our online User agreement when you
create a User account or use any portion of the Program or related
ProChange services.
You agree that this Program is intended to serve as a rapidly
accessible, concise initial resource and not as a complete reference
resource. The Program is not intended as a substitute for direct
involvement with medical professionals, nor is the Program intended to
be a substitute or replacement for professional medical diagnoses.
Neither ProChange, nor related interfaced third party providers,
directly or indirectly practice medicine or dispense medical services or
advice and, as such, assume no liability for data or function contained
in this Program or services, or its use. You assume full responsibility
for the appropriate use of medical information and/or
recommendations contained in the Program and agree to hold ProChange Behavior Solutions, and its third party providers harmless
from any and all claims or actions arising from your use of the
Program.
Text Messaging
Users sign up for a ProChange Behavior Solutions program to receive intermittent text messages to promote well-being.
The delivery of text messages is managed and operated by a third-
party. Message and data rates may apply. To put it in other terms,
when you use the text message services, the only additional cost to
you is whatever your wireless provider charges you to send and
receive text messages. Users can opt out of the text messaging at
any time.
No Warranty
THE PROGRAM AND SERVICES ARE PROVIDED "AS IS." ProChange
Behavior Solutions DOES NOT MAKE ANY WARRANTIES OR
REPRESENTATIONS, EXPRESSED OR IMPLIED, CONCERNING THE
MERCHANTABILITY, QUALITY, CLINICAL EFFICACY, NON-
INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF THE
PROGRAM OR SERVICES. PROCHANGE BEHAVIOR SOLUTIONS
DOES NOT WARRANTY ANY PARTICULAR OUTCOMES FOR ANY
INDIVIDUAL USER OF THE PROGRAM. YOU ASSUME ALL RISK OF
USE. NO WARRANTY IS GIVEN THAT THE PROGRAM OR SERVICE WILL
BE ERROR-FREE, FREE OF VIRUSES, OR THAT IT WILL NOT
ADVERSELY AFFECT YOUR COMPUTER OR OTHER PROGRAMS ON
YOUR COMPUTER. PROCHANGE BEHAVIOR SOLUTIONS DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM OR
SERVICES WILL MEET YOUR REQUIREMENTS OR GENERATE DESIRED
RESULTS, OR THAT THE OPERATION OF THE PROGRAMS OR SERVICES
WILL BE UNINTERRUPTED.
Limitation of Liability
PROCHANGE BEHAVIOR SOLUTIONS SHALL NOT BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCURRED ARISING OUT
OF THE USE OR THE INABILITY TO USE THE PROGRAM OR SERVICES,
OR OUT OF DATA PRODUCED BY THE PROGRAM, ANY LOSS OF DATA,
OR ARISING FROM ANY BREACH OF A REPRESENTATION OR
WARRANTY, OR FOR ANY CLAIM BY ANY THIRD PARTY, REGARDLESS
OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION,
EVEN IF PROCHANGE BEHAVIOR SOLUTIONS HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. PROCHANGE BEHAVIOR SOLUTIONS’ MAXIMUM LIABILITY FOR ANY REASON
WILL BE TO REFUND THE AMOUNT YOU ACTUALLY PAID TO IT IN THE
1 YEAR PERIOD PRECEDING THE DATE OF THE CAUSE OF ACTION
GIVING RISE TO THE CLAIM CONCERNED. THE FOREGOING
LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK THAT
IS REFLECTED IN THE FEES FOR WHICH ProChange SOFTWARE,
SERVICES, SITE AND/OR CONTENT IS MADE AVAILABLE BY PROCHANGE BEHAVIOR SOLUTIONS, WITHOUT WHICH THE
AVAILABILITY AND/OR PRICE OF WHICH WOULD NECESSARILY
DIFFER FROM THOSE OFFERED BY PROCHANGE BEHAVIOR SOLUTIONS.
Confidentiality
ProChange Behavior Solutions WILL KEEP YOUR contact
information CONFIDENTIAL. ProChange Behavior Solutions WILL
NOT sell, trade, transmit, or provide any information to anyone except
with your expressed permission.
ProChange Behavior Solutions may comply with any subpoena or
similar order related to data on its server, provided that ProChange
Behavior Solutions notifies you promptly upon receipt thereof,
unless such notice is prohibited by law.
ProChange Behavior Solutions WILL NOT USE AD-WARE, SPY-
WARE, or other mechanisms that may compromise confidentiality of
records or intentionally damage the integrity of content on your mobile
device.
Property
Any content you receive is the copyrighted property of ProChange Behavior Solutions. Except as noted below, the Program and all intellectual
property rights therein are owned by ProChange Behavior Solutions.
You are authorized to use the Program for your own internal use.
You are prohibited from selling, leasing, or licensing the Program or
any portion thereof to any unauthorized party, or using it to process
the work of any other party. You are prohibited from creating
derivative works based on the Program without written permission
from ProChange Behavior Solutions.
Your use of the Program shall be governed in accordance with the
laws of the State of Rhode Island, excluding its conflicts of laws
principles. Any action relating in any way to this Agreement or the use
of the Program shall be brought only in the state or federal courts
located in the State of Rhode Island, and by accepting this Agreement,
you further consent to the personal jurisdiction of such courts for said
purposes.
No failure or delay on the part of ProChange Behavior Solutions
in exercising any right hereunder will operate as a waiver of, or impair,
any such right, or any other right of ProChange Behavior Solutions.
