RENDLE® TERMS OF SERVICE

Last modified: September 2017

 

Welcome to RENDLE®

We provide a comprehensive group of online lifestyle-related dynamic questionnaires, and deliver detailed personalized feedback “collectively referred to as “RENDLE service”, via resulting reports. We want to make you aware of the components your lifestyle, and to encourage and promote healthier behavior in areas where you would benefit from improvement or change. Our assessments should not be viewed as a one-time event, but rather as a first step. By taking the assessments at least 2 times a year, we are able to provide you with you ongoing snapshots that help you keep track of your progress. Our ultimate goal is to educate and empower you to have a happier and healthier life for yourself and for those around you - family, friends and colleagues.

Our entry-level offering is the RENDLE LIFESTYLE SNAPSHOT that provides a snapshot of your sleep, stress, happiness, exercise and nutrition and analyzes your readiness for lifestyle change. We determine the ideal next step for you. We calculate that next step based upon your need of improvement, your readiness and your desires. We will help you to focus in depth on one of the RENDLE lifestyle components: Sleep, Stress, Happiness,  Exercise, Nutrition and/or Weight Management.  Each questionnaire contains a number of dynamic questions about your lifestyle. Based upon your responses, we are able to provide you with unique personalized feedback on things you do well in each category and what areas you could improve. But we don't just tell you what to improve, we give recommendations on how to improve as well as provide reference material for those who wish to increase their knowledge and education.

1. YOUR AGREEMENT WITH RENDLE

Your use of www.rendle.com and related websites ("RENDLE" or the “Site”) is governed by this agreement. “RENDLE,” “Company,” "We," "us," or "our" also means RENDLE Inc., a Delaware corporation and any of its subsidiaries and affiliates. You are also subject to RENDLE’s privacy policy.

2. THIS IS NOT MEDICAL ADVICE OR CARE

Your use of RENDLE’s assessment and feedback tools does not create a doctor-patient relationship or constitute medical advice or care. Any content accessed ("Content") or feedback/recommendations provided ("Feedback") through RENDLE is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. Feedback includes the information contained in your RENDLE personalized report and/or the information provided on our website. Reliance on any Content or Feedback is solely at your own risk.

Content and Feedback should not be used during a medical emergency or for the diagnosis or treatment of any medical condition.

Please consult your doctor or other qualified health care provider before starting any recommended activity, changing any medication, your diet, or any course of treatment or if you have any questions about a medical condition.

Never disregard professional medical advice or delay seeking it because of something you have read on RENDLE. If you think you may have a medical emergency, call 911 or your doctor immediately.

3. YOUR ACCOUNT AND USE OF RENDLE

You are responsible for the security of your passwords and for any use of your account. You must immediately notify us of any unauthorized use of your password or account.

Your use of RENDLE and any of its Content and Feedback must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to use RENDLE.

You are prohibited from violating or attempting to violate the security of the Site and Surveys, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing, using or copying the Site, Surveys or any portion thereof without authorization, in violation of these Terms of Service or in violation of applicable law.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site and Surveys, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Company. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by Company at any time with or without cause. You agree to defend, indemnify and hold Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by Company arising out of your breach of these Terms of Service or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.

4. USE OF YOUR INFORMATION

The privacy of your personal information is paramount. We may only use your personal information as permitted by the RENDLE privacy policy and any authorizations you provide RENDLE and applicable law. If you create, transmit, or display health and wellness or other information while using RENDLE, you may only do so with information that you own or have the right to use.

Email from RENDLE is not encrypted and this information is not secured. It is thus possible for such communications to be intercepted or accessed without your authorization. By using RENDLE, you hereby release RENDLE from any liability arising from or related to any such unauthorized e-mail access.

5. SECURITY OF YOUR PERSONAL INFORMATION

We are committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, and disclosure. For example the personal information you provide on our website is encrypted on computer servers with limited access that are located in controlled facilities. We restrict use of your personal information to our employees, contractors, and agents who need to know that information in order to operate, develop, or improve our products and services. These individuals are bound by confidentiality obligations and may be subject to discipline (up to and including termination where appropriate) and/or criminal prosecution, if they fail to meet these obligations.

Although we are committed to protecting your privacy, you should understand that no method of safeguarding information is perfect.  As such, RENDLE cannot and does not guarantee that your information will be 100% secure.

6. CONTENT AND FEEDBACK PROVIDED THROUGH RENDLE

We authorize you to view or download the Content and Feedback provided by RENDLE solely for your personal, noncommercial use in accordance with all applicable laws.

RENDLE Content and Feedback may not be used for any illegal purpose. You may not access our networks, computers, or our Content and Feedback in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use or enjoyment of RENDLE’s products or services. You may not attempt to gain unauthorized access to any Content or Feedback, other accounts, computer systems, or networks connected with RENDLE, the Content, or Feedback.

RENDLE Content is licensed only for your personal, household, and educational use. Reuse or redistribution of any portion of RENDLE’s Content that does not fall within what is or would be permitted under United States copyright or other laws or any analogous laws around the world) is prohibited. No commercial use or redistribution of any RENDLE Content is permitted. Any hyperlink or other re-display of the information on another website must display the Content full-screen and not within a "frame" on the linked or other site.

RENDLE does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on RENDLE. Reliance on Content or Feedback is solely at your own risk. Content and Feedback may have been provided by third parties and not been vetted or certified by RENDLE. While we believe you will find RENDLE’s Content and Feedback useful, we cannot guarantee that the Content and Feedback RENDLE provides will help you achieve the results you desire. Content regarding programs, activities, dietary suggestions, or other treatments or regimens has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease.

Third Party Websites. RENDLE’s Content and Feedback may link you to other websites or information, software, data, or other content on or off the Internet, including linked click-through or other advertising, or through featured or sponsored sites. We have not reviewed the content that may be reached by such links and we are not responsible for such content. Your linking to any other page on other sites is at your own risk. The information, software, data, or other content (including opinions, claims, comments) contained in linked references are those of the companies responsible for such sites and should not be attributed to RENDLE. RENDLE has not attempted to verify the truth or accuracy of any such opinion, claim, or comment, nor do we endorse or support them. We do not warrant, nor are we in any way responsible for, information, software, data, privacy policies, or other content that is outside of our control.

7. PROPRIETARY RIGHTS, NOTICE, AND TAKEDOWN PROCEDURES

Our licensors and we, own all proprietary rights to RENDLE Content and Feedback. Your license to use RENDLE is personal, revocable, non-assignable, and nonexclusive. RENDLE, the RENDLE logo, other RENDLE trademarks and service marks and other RENDLE logos and product and service names are our trademarks (the "RENDLE Marks"). Without RENDLE's prior permission, you agree not to display or use in any manner the RENDLE Marks.

If you believe any materials accessible on or from RENDLE infringe your copyright, you may request removal of those materials (or access thereto) from RENDLE by contacting us and providing the following information:      

·       Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location

·       (e.g., URL) of an authorized version of the work.

·       Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

·       Your name, address, telephone number and (if available) email address.

·       A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

·       A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

·       A signature or the electronic equivalent from the copyright holder or authorized representative.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders of RENDLE who are repeat infringers.       

8. MODIFICATIONS AND TERMINATION OF RENDLE

If you violate any of the terms of this Agreement (including the Official Rules or the RENDLE privacy policy) your permission to use the Content and Feedback automatically terminates and you must immediately destroy any copies you have made or been given, of any portion of RENDLE’s Content or Feedback. RENDLE may place limits on, modify, or terminate your right to access and use RENDLE and/or RENDLE Content at any time. This suspension or termination may delete information, files, and other previously available Content.

9. CHANGES TO THIS AGREEMENT

We may occasionally update these Terms of Service. When we do, we will also revise the "last modified" date at the top of this document. We encourage you to review these terms of service periodically. Your continued use of RENDLE constitutes your agreement to the changed Terms of Service.

10. INDEMNIFICATION

You agree to indemnify and hold us harmless against any claims or losses imposed on, incurred by, or asserted as a result of or relating to: (a) your use of RENDLE or the Content or Feedback; (b) your noncompliance with any of the terms and conditions hereof; and (c) any third-party actions related to or arising from your receipt or use of RENDLE or RENDLE Content or Feedback, whether authorized or unauthorized under these Terms of Service.

11. EXCLUSION AND WARRANTIES

RENDLE does not warrant that access to or use of the Site, Surveys, Guides, Content or Feedback will be uninterrupted or error-free or that defects in the Site, Content or Feedback will be corrected. this Site, including any content or information contained within it or any site-related service, is provided "as is," with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non-infringement. RENDLE does not warrant the accuracy, completeness or timeliness of the information obtained through the Site, Content or Feedback.

12. LIMITATION OF LIABILITY

RENDLE shall have no responsibility or liability for any indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the site, site-related Services, Content, Feedback or information contained within the Site, and/or any linked website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. your sole remedy for dissatisfaction with the site, site-related services, and/or linked websites is to stop using the site and/or those services. to the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum liability of RENDLE to you with respect to your use of the site, content or feedback is $500 (five hundred dollars).

13. LICENSED CONTENT

Certain Content may be licensed from third parties from time-to-time. The licenses for some of this Content may contain additional terms. Any licensors may be third party beneficiaries to this agreement pursuant to our agreements with them. To the extent our licensors are third party beneficiaries to this agreement, the rights and protections provided to us hereunder inure to their benefit. There are no other third party beneficiaries to this agreement. The parties are independent contractors, and nothing in this agreement creates an agency, partnership, or joint venture.

14. GENERAL LEGAL TERMS

This agreement is the entire agreement between you and us relating to RENDLE and replaces any prior agreements unless such prior or subsequent agreement explicitly provides otherwise and specifically references this agreement. If there is any conflict between this agreement and a signed written agreement between you and us related to RENDLE, the signed written agreement will control. If we provide you with a translation of the English language version of this agreement, the English language version of this agreement will prevail if there is any conflict.

Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.

California law governs this agreement.

The exclusive forum and venue for any dispute relating to this agreement is San Francisco, California, and RENDLE and you consent to the personal jurisdiction of the state and federal courts in San Francisco, California.

Nothing in this agreement limits either party's ability to seek equitable relief.                                        

 

RENDLE® and “TRUE WEALTH IS YOUR HEALTH” ® are our trademarks.