Family Check-Up® Online Powered
by Thrive Health User Agreement
Introduction
This User Agreement (these “Terms”) govern your access and use of Family Check-Up ® Online (FCUO) applications on the Thrive Health platform for web and mobile devices (the “App”), and the content, information, and services performed or provided by or through the App (collectively the “Services”). The Services are made available by Northwest Prevention Science, Inc. (“NPS”) only to the user (“you”) under these terms and in accordance with the Privacy Policy that can be accessed by clicking here, which are incorporated into these terms. You may visit or use the Services only on the condition that you agree to abide by these terms. If you do not agree to these terms, do not access or use the Services. Your use of the Services, and NPS’s provision of the Services to you, constitutes an agreement by you and NPS to be bound by these terms.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 16, you agree that disputes arising under these terms will be resolved by binding, individual arbitration, and that BY ACCEPTING THESE TERMS, YOU AND NPS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
1. Services and License
Grant Subject to your compliance with these terms, NPS hereby grants to you, solely for your non-commercial, personal use only, a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use the Services. The University of Oregon (“UO”) is a licensor to NPS for the purposes of the Family Check-Up® and Family Check-Up® Online (“FCUO”) programs. NPS is providing the FCUO program through a technological software platform (the “Platform”) under license from a third party, Thrive Health US Inc. (“Thrive Health”), who also acts as a service provider to NPS for the purposes of the Services.
2. Not Medical Care or Medical Advice
THE SERVICES ARE NOT MEDICAL CARE OR MEDICAL ADVICE. You may choose to use the Services to assist you in making your own decisions about your actions. The information provided to you from your use of the Services may include information related to your health and wellbeing, but that information: (i) is not a substitute for a doctor or other healthcare provider; (ii) does not provide diagnosis; (iii) is utilized at your own risk; and (iv) should not be treated as a substitute for Normal.dotm medical consultation, diagnosis, treatment, or advice. This information is not medical care, no doctor-patient relationship is created by this use of the Services, and is not a substitute for medical advice, examination, diagnosis, treatment, or care from your physician. Do not ignore or delay obtaining professional medical advice because of information accessed through the Services. IMMEDIATELY CALL 911 OR YOUR LOCAL EMERGENCY SERVICE OR YOUR DOCTOR IF YOU BELIEVE YOU MAY OR DO HAVE A MEDICAL EMERGENCY.
USE AT YOUR OWN RISK. The Services are provided “as is” and “where is” and you use the Services at your own risk. Additionally, by using the Services, you agree that NPS, its licensors and service providers are not liable for any damages, injuries, or negative results or consequences relating to any recommendations provided by the Services.
3. Account
In order to use certain Services, you may be required to register and create an account. You represent and warrant that you are authorized to provide all the information you provide upon registration for your account. Further, you must provide accurate, current, and truthful information. You are responsible for all activities occurring under your account and for keeping your password and other account information confidential. You are responsible for putting in place and observing all safety measures that may be necessary to protect your personal well-being and property and to prevent unauthorized access, misuse of account information and/or passwords, or misuse of any other information. If you believe that your account is no longer secure, then you should immediately notify Thrive Health at support@thrive.health. NPS is not liable to you for any unauthorized access or misuse of the Services or your account.
In order to agree to these terms, you must meet the eligibility criteria described in this paragraph and be fully able and competent to enter into this agreement and to abide by and comply with its terms. By agreeing to these terms, you represent that: (a) you are at least 13 years old, and if you are under 18 years old, you have obtained parental consent to use the Services; (b) you have the capacity to be bound by the terms and to agree to the collection, use, and disclosure of your personal information in accordance with the Privacy Policy; (c) you have not previously been suspended or removed from the Services; and (d) your registration and your use of the Services is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these terms on your behalf represents and warrants that they have authority to bind you to these terms and you agree to be bound by these terms. If you are using the Services pursuant to an invitation or registration code from a customer of NPS (“Organization”), then you acknowledge and understand that information you provide under your account, including sensitive or health-related information, may be shared with that Organization under our arrangement with that Organization and pursuant to our Privacy Policy.
4. Third Party Communication
The Services may allow you to communicate with a third party such as a health professional. Any communication with a third party (including any services and any advice, opinion or health information you may obtain by way of such communications through the Services) is between you and that third party. If you communicate with a health professional via the Services, such communication and any outcomes are subject to that health professional’s privacy and professional practices and policies, not ours.
NPS is not responsible for the content of such third-party communications and expressly disclaims any responsibility or liability for any claims, losses, or damages that may arise as a result of such communications or failure of communications. You will waive, and hereby do waive, any legal or equitable right or remedy that you have or may have against NPS with respect to third-party communications.
NPS reserves the right, but has no obligation, to become involved in any way with any dispute between you and another party arising out of or in connection with the Services.
NPS is not responsible for the conduct, whether online or offline, of any other user of the Services.
5. Permitted Uses
Use of the App is limited to you as an individual user (parent, clinician, or administrator) for the purpose of engaging in the Services. You may not use this App outside the permitted use of the Organization that authorized your access. You may not publish the contents of this App, nor use any NPS, its service providers or licensors names, identifiers, or marks in advertising with other products.
It is your responsibility not to disclose your activation code, username, and password to anyone. It is your responsibility to use the App only for the purpose for which they were intended. Any use of the App not in accordance with the intended purpose is prohibited.
FCUO and the App are not designed for use across multiple Organizations and if you are accessing the App as an administrator on behalf of an Organization, you represent and warrant that you are doing so for your Organization.
Upon contacting NPS and prior to the end of your use of the App, NPS may provide access to your data. However, NPS does not provide a service to send your data to you after you decide to end your use of the App or when NPS ceases to provide the App.
You must not request or authorize another person to:
(i) engage in any activities through or in connection with the Services that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, violent, threatening, harassing, or abusive, or that violate any right of any third party;
(ii) to the maximum extent permitted by applicable law, reverse engineer, decompile, disassemble, reverse assemble, or modify any source or object code or any software or other products, services, or processes accessible through any portion of the Services;
(iii) engage in any activity that interferes with a user’s access to the Services or the proper operation of the Services, or otherwise causes harm to the Services, NPS, its service providers, its licensors, any third party, or other users of the Services;
(iv) interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services;
(v) attempt to gain unauthorized access to the Services, computer systems or networks connected to the Services, through hacking, password mining, or any other means and from engaging in activities that are not in compliance with applicable laws;
(vi) harvest or otherwise collect or store any information of third parties (including personal information about other users of the Services, without the express consent of such users);
(vii) use the Services or any data obtained through the Services, including any name, trade name, trademark, or other designation of NPS, its service providers, licensors, FCU, or FCUO, or the App without the express written permission of NPS, for the purpose of engaging in any commercial activity or to send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam or other commercial electronic messages through the Services; or
(viii) otherwise violate these terms.
We will delete or request removal of accounts, at our discretion and without liability, for unacceptable or prohibited use. We may choose not to give notice or explanation. We also reserve the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
The App is a web-based application designed to support professional clinicians, therapists, and case workers who have already received training in the implementation of the Family Check-Up® (FCU) program. Use of the App without prior training and without appropriate supervision by a Certified FCU Supervisor is at the sole discretion of the Customer and may not be considered to constitute an evidence-based program for the purposes of seeking reimbursement for services rendered. The content of the App needs to be supplemented with other information and professional judgment in making clinical decisions that enhance family outcomes. More information about this program is at nwpreventionscience.org.
6. Consent to Use of Data
In order to create an account, the App requires that all users create a profile and provide certain personal information such as full name, email, telephone number (optional), a profile picture (optional), or other information. NPS will collect, store, use and disclose such information in accordance with the Privacy Policy that can be accessed by clicking here.
By agreeing to these terms, you agree to the collection, use and disclosure of your personal information as outlined in the Privacy Policy.
All data provided is maintained on secure servers. Access to your account's data is protected and restricted to those individuals with a legitimate need to know in order to deliver the App and the Services. NPS and its service providers do not release the data without your written permission, except as required by law, regulation, subpoena, or administrative process. It is your responsibility to maintain security of login credentials. NPS and its service providers do not sell, share, rent or trade personal information with any third parties other than as disclosed in the Privacy Policy. NPS and its service providers also do not share, sell, rent, or trade adult or student's personal information with third parties other than as disclosed within this Privacy Policy.
7. Rights to Data
In accordance with our Privacy Policy, that can be accessed by clicking here, you agree that the NPS and its service providers may collect, use and disclose any non-personally identifiable information and/or aggregated data that has been derived from your personal information, or generated by your use of the Services (“De-Identified Data”). You also grant NPS and its service providers the right to use data entered into the App for the improvement and maintenance of the App, and for research.
No data transmission over the Internet can be guaranteed to be 100% secure and "hacker-proof," and the App cannot ensure or warrant the security of any information managed by the App, whether transmitted to the App by you or your Organization. NPS shall not be liable if a security breach occurs, if the App malfunctions, or if information is misused or mismanaged in any way to your detriment or the detriment of a third party, whether by FCUO, the App, your Organization, or an unauthorized third party.
8. Updates
FCUO and the App may change based on research or feedback provided by users, and therefore, is to be used 'AS IS'. NPS reserves the right to modify or discontinue all or any portion of the Services at any time (including by limiting or discontinuing certain features of the Services), temporarily or permanently, without notice to you. NPS will have no liability for any change to the Services, including any paid-for functionalities of the Services, or any suspension or termination of your access to or use of the Services.
Certain updates to the Services may be optional or require additional action on your part. For example, you may be required to install an upgraded App to use the updated Services, and your failure to do so may render the Services not to function properly or at all. NPS will not be responsible for any problems or issues caused by your failure to complete such required action.
9. Links and Third-Party Software
Any links or references to third-party information are provided solely as a convenience to you. These links do not and should not be taken as implying an endorsement or approval of any kind of the content or reliability of those websites or references or the activities of the persons, organizations, and/or businesses responsible. When you follow a link provided as part of the Services to access a third-party website or service, your use of such third-party website or service may be subject to separate third-party terms and conditions governing such third-party website or service. NPS shall have no liability to you for your use of such third-party website and service. The Services may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Services provided to you are subject to these terms, nothing in these terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
10. Communications
If you provide us with your wireless phone number, you agree to receive non-promotional notifications or text messages on your mobile devices in relation to the Services. The number of texts you receive will depend on how you use the Services. You can turn off notifications by visiting the Apps account settings. Messaging and data charges may apply to any text message you receive or send. Please contact your wireless carrier if you have questions about messaging or data charges.
If you consent to promotional emails or text messages, we may send you messages concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
11. Termination
These terms become effective when you accept these terms or first download, install, access, or use the Services and will terminate when they are terminated as described in this Section. If you fail to comply with any term(s) of these terms, your right to access and use the Services will automatically terminate without notice from the NPS. In addition, NPS may, at its sole discretion, terminate these terms or your account on the Services, or suspend or terminate your access to the Services, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these terms at any time within your account settings or by contacting Thrive Health at support@thrive.health. Upon termination of these terms, you must cease all access to and use of the Services. Sections 6, 7, and 11 through 20 will survive. If your account is terminated or suspended for a breach of these terms, then you are prohibited from creating a new account on the Services using a different name, email address or other forms of account verification.
12. Intellectual Property Rights
Your access to the Platform through which the Services are provided under the license granted in Section 1 herein. You acknowledge that NPS and its licensors are the sole and exclusive owner of all rights, titles, and interest in and to the Platform (including both object and source code) and the Services and any content created and/or accessible by you through the provision of the Platform or the Services. You acknowledge that the Platform, the Services, and all information related thereto constitute valuable proprietary, confidential and trade secret information of NPS and its licensors. The Platform, the Services and all information related thereto are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the United States and other countries and may not be duplicated, modified or used by you other than as permitted by the Company and its licensors.
By agreeing to these terms, you acknowledge that, as between you and NPS, NPS and its licensors own and retain all rights, title and interest in the Platform and the Services including without limitation all copyright, trademark, and other intellectual property rights therein. You may not rent, lease, lend, sell, redistribute, or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, upgrades, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a breach and violation of these terms. If you are prohibited under applicable law from using the Services, then you may not use it. All rights in the Services not expressly granted to you are explicitly reserved by NPS and/or its licensors.
13. Indemnity
To the fullest extent permitted by law, you are responsible for your access to and use of the Services, and you hereby defend, indemnify, and hold harmless NPS, its licensors, its service providers, affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “the NPS Parties”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized access to, use of, or misuse of, the Services; (2) your violation of any portion of these terms, any representation or warranty -7- made by you hereunder, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
14. Limitation of Warranty
YOU ACKNOWLEDGE THAT THE SERVICES ARE SOLELY AN IMPLEMENTATION SUPPORT RESOURCE AND ARE MADE AVAILABLE WITHOUT OBLIGATION BY NPS TO PROVIDE ACCOMPANYING SERVICES OR SUPPORT. YOU ACKNOWLEDGE AND AGREE AS A CONDITION OF USING THE SERVICES, THAT THE INFORMATION PROVIDED TO YOU VIA THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR, KNOWLEDGE, EXPERTISE, SKILL, AND PROFESSIONAL JUDGMENT IN MAKING DECISIONS TO ADJUST AND ENHANCE OUTCOMES FOR FAMILIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, INCLUDING THE APP, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, AND THE NPS PARTIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE NPS PARTIES DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR THE NPS PARTIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE NPS PARTIES OR THE SERVICES THAT ARE NOT EXPRESSLY PROVIDED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, LOSS OF PROFITS, OR OTHER SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE NPS PARTIES BE LIABLE FOR PERSONAL INJURY, CLAIMS RELATED TO MALPRACTICE OR PROFESSIONAL WRONGDOING, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, EXTRA-CONTRACTUAL LIABILITY, TORT OR OTHERWISE) AND EVEN IF THE NPS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE LIMITED REMEDY OFFERED IN THIS LICENSE FAILS OF ITS ESSENTIAL PURPOSE.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16. Dispute Resolution and Arbitration
16.1 Generally. Except as described in Section 16.2 and 16.3, you and NPS agree that every dispute arising in connection with these terms, the Services, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. These terms to arbitrate disputes include all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND NPS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
16.2 Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
16.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 16 within 30 days after the date that you agree to these terms by sending a letter to Northwest Prevention Science Inc., Attention: Legal Department – Arbitration Opt-Out, PO BOX 5847, EUGENE, OR 97405, USA that specifies: your full legal name, the email address associated with your account on the Services, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once NPS receives your Opt-Out Notice, this Section 16 will be void and any action arising out of these terms will be resolved as set forth in Section 19. The remaining provisions of these terms will not be affected by your Opt-Out Notice.
16.4 Arbitrator. This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting NPS.
16.5 Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). NPS’s address for Notice is: 2000 Fairmount Blvd, Eugene, OR 97402, USA. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or NPS may commence an arbitration proceeding. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.
16.6 Arbitration Relief. Except as provided in Section 16.7, the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
16.7 No Class Actions. YOU AND NPS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and NPS agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
16.8 Modifications to this Arbitration Provision. If NPS makes any substantive change to this arbitration provision, you may reject the change by sending a written notice within 30 days of the -10- change to NPS’s address for Notice of Arbitration, in which case your account with NPS will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
16.9 Enforceability. If Section 16.7 or the entirety of this Section 16 is found to be unenforceable, or if Company receives an Opt-Out Notice from you under section 16.3, then the entirety of this Section 16 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 19 will govern any action arising out of or related to these terms.
17. Additional Services
NPS or Thrive Health may, alone or with other parties, offer and provide services from time to time that are in addition to the FCUO Services (these other services are referred to in this User Agreement as “Additional Services”). During the course of registering for your FCUO Account or otherwise, you may be provided with the opportunity to sign up for Additional Services and to open an account for one or more of the Additional Services (an “Additional Account”), subject to agreeing to be bound by separate terms and conditions and to consenting to the collection, use, storage, and disclosure of your personal information as described in the privacy policy applicable to the Additional Services. Prior to accessing the Additional Services, you will be notified and required to acknowledge that, by accessing the Additional Services, you are entering into an agreement directly with Thrive Health or NPS, as the case may be. An agreement with Thrive Health, is not required for you to obtain FCUO Services. You have no obligation to open an Additional Account or to obtain Additional Services in order to receive the Services from NPS under this User Agreement.
18. Changes NPS may modify these terms from time to time. NPS will give you written notice of modifications to the terms by any reasonable manner of notice which it elects and your use of the Services after the effective date of the modifications as set out in such notice constitutes your agreement to such modifications.
19. General These terms constitute the entire agreement between you and NPS with respect to your use of the Services. NPS’s failure to enforce your strict compliance with these terms will not constitute a waiver of any of its rights. The Services are intended for use in the United States only. You may not use the Services outside of the United States. You may not export or re-export the Services except as permitted under the laws of the United States. If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these terms will otherwise remain in full force and effect. These terms are not assignable, transferable or sublicensable by you except with NPS’s prior written consent. The laws of the State of Oregon, excluding its conflicts of law rules, govern these terms. Any disputes in relation to these terms shall be brought to the courts of competent jurisdiction of Lane County, Oregon. By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
20. Notice to California Residents
If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.
21. Contacting Us
Your feedback or advice about the Services and our business helps us improve. You agree that you provide your advice or feedback for free and for us to use in any way. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Services (“Feedback”), then you hereby grant NPS, its licensors and its service providers an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Services and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, please do not submit them to us by email, as email is not a safe or secure method of transmitting confidential or private information.
If you have questions regarding these terms, please contact us at:
Northwest Prevention Science Inc.
PO BOX 5847 EUGENE, OR 97405
Email Address: fcu@nwpreventionscience.org