Terms of Use

1. ACCEPTANCE OF TERMS

VAL Health, LLC. ("VAL Health") welcomes you. VAL Health provides the VAL Health Services (defined below) to you subject to the following Terms of Use, which may be updated by us from time to time without notice to you. You can review the most current version of the Terms of Use at any time at: //www.valhealthrewards.com/. Please read this document carefully before accessing or using the site; by accessing and using the VAL Health Services, you accept and agree to be bound by the terms and provision of the Terms of Use.

2. DESCRIPTION OF VAL HEALTH SERVICES

Disclaimer: No Medical Advice.

THE CONTENT ON AND IN OUR WEBSITE AND THE ASSOCIATED PROGRAMS ARE NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH OUR WEBSITE IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON OR IN OUR WEBSITE. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

VAL Health provides users with access to a set of resources, including without limitation VAL Health Rewards, various communications tools, incentive programs and behavioral economic tools which may be accessed through various media or devices now known or hereafter developed (the "VAL Health Services"). You also understand and agree that the VAL Health Services may include certain communications from VAL Health, such as service announcements and administrative messages, and that these communications are considered part of VAL Health Services and you will not be able to opt out of receiving thh4>. Unless explicitly stated otherwise, any new features that augment or enhance the current VAL Health Services shall be subject to the Terms of Use. You understand and agree that the VAL Health Services is provided "AS-IS" and that VAL Health assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the VAL Health Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the VAL Health Services.

VAL Health receives information about you and your actions related to programs that you are involved with from third parties who organize the involved programs and pay for its costs and any rewards ("Sponsors"). This information is used to determine whether and how you might earn rewards. You agree that VAL Health is not responsible for any inaccuracies or errors that affect the accuracy of any of these rewards.

3. YOUR REPRESENTATIONS AND WARRANTIES

Prior to your use of the VAL Health Services and on an ongoing basis you represent, warrant, covenant and agree that:

(1) you are of legal age to form a binding contract and are not a person barred from receiving the VAL Health Services under the laws of the United States or other applicable jurisdiction;

(2) you will: (a) provide true, accurate, current and complete information about yourself as prompted by the VAL Health Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or VAL Health has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, VAL Health has the right to suspend or terminate your account and refuse any and all current or future use of the VAL Health Services (or any portion thereof);

(3) VAL Health may receive information about you from Sponsors relating to your participation in and performance of various health behaviors. This information is an essential requirement for the operation of the VAL Health Services;

(4) you are solely responsible for any applicable taxes which may be payable on cash or prizes awarded to you through your using the VAL Health Services; and

(5) the telecommunications networks and Internet access services required for you to access and use the VAL Health Services are entirely beyond the control of VAL Health and VAL Health shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same.

4. VAL HEALTH PRIVACY POLICY

Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full VAL Health Privacy Policy at //www.valhealthrewards.com, You understand that through your use of the VAL Health Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation at the start of the VAL Health Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify VAL Health of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. VAL Health cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

You acknowledge, consent and agree that VAL Health may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to your requests for customer service; or (iv) protect the rights, property or personal safety of VAL Health, its users and the public.

You understand that the VAL Health Services and software embodied within the VAL Health Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by VAL Health and/or content providers who provide content to the VAL Health Services. You may not attempt to override or circumvent any of the usage rules embedded into the VAL Health Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the VAL Health Services, in whole or in part, is strictly prohibited.

6. INDEMNITY

You agree to indemnify and hold VAL Health and its subsidiaries, affiliates, officers, agents, consultants, employees, partners, clients and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any information you submit, post, transmit, modify or otherwise make available through the VAL Health Services, your use of the VAL Health Services, your connection to the VAL Health Services, your violation of the Terms of Use , or your violation of any rights of another.

7. NO COMMERCIAL REUSE OF VAL HEALTH SERVICES

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the VAL Health Services.

8. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that VAL Health may establish general practices and limits concerning use of the VAL Health Services, including without limitation the maximum number of times and the maximum duration for which you may access the VAL Health Services in a given period of time. You acknowledge that VAL Health reserves the right to close accounts after a given program has run, or that are inactive for an extended period of time. You further acknowledge that VAL Health reserves the right to modify these general practices and limits from time to time.

9. MODIFICATIONS TO VAL HEALTH SERVICES

VAL Health reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the VAL Health Services (or any part thereof) with or without notice. You agree that VAL Health shall not be liable to you or to any third party for any modification, suspension or discontinuance of the VAL Health Services (or any part thereof).

10. TERMINATION

You may elect to terminate your VAL Health account and access to the VAL Health Services at any time. You agree that VAL Health may, without prior notice, immediately terminate, limit your access to or suspend your VAL Health account and access to the VAL Health Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the VAL Health Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) upon the request of Sponsors, and/or (g) nonpayment of any fees owed to us in connection with the VAL Health Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in VAL Health's sole discretion and that VAL Health shall not be liable to you or any third party for any termination of your account or access to the VAL Health Services.

Termination of your VAL Health account includes any or all of the following: (a) removal of access to all or part of the offerings within the VAL Health Services, (b) deletion of your password and associated information, (c) barring of further use of all or part of the VAL Health Services, and (d) loss of eligibility to win or receive rewards.

11. VAL HEALTH'S PROPRIETARY RIGHTS

You acknowledge and agree that the VAL Health Services and any necessary software and associated communications used in connection with the VAL Health Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in advertisements or information presented to you through the VAL Health Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by VAL Health or the applicable licensor (such as a client or an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the VAL Health Services, in whole or in part.

You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the VAL Health Services. You agree not to access the VAL Health Services by any means other than through the interface that is provided by VAL Health for use in accessing the VAL Health Services.

12. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE VAL HEALTH SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE VAL HEALTH SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. VAL HEALTH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. VAL HEALTH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE VAL HEALTH SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE VAL HEALTH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE VAL HEALTH SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE VAL HEALTH SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; (v) THE INFORMATION PROVIDED BY SPONSORs WILL BE ACCURATE; AND (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE VAL HEALTH SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTh4>, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VAL HEALTH OR THROUGH OR FROM THE VAL HEALTH SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE Terms of Use.

13. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT VAL HEALTH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VAL HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE VAL HEALTH SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE VAL HEALTH SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE VAL HEALTH SERVICE.

REWARDS RELATED TO THE VAL HEALTH SERVICE ARE PAID BY SPONSORS, NOT VAL HEALTH, AND YOU AGREE THAT VAL HEALTH IS NOT RESPONSIBLE FOR THE TIMELY OR ACCURATE PAYMENT OF ANY REWARDS.

14. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third-party beneficiaries to this agreement.

15. NOTICE

VAL Health may provide you with notices, including those regarding changes to the Terms of Use, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the VAL Health Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this Terms of Use by accessing the VAL Health Services in an unauthorized manner. Your agreement to this Terms of Use constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the VAL Health Services in an authorized manner.

16. TRADEMARK INFORMATION

You agree that all of VAL Health's trademarks, trade names, service marks and other VAL Health logos and brand features, and product and service names are trademarks and the property of VAL Health, LLC (the "VAL Health Marks"). Without VAL Health's prior permission, you agree not to display or use in any manner the VAL Health Marks.

17. GENERAL INFORMATION

Entire Agreement

. The Terms of Use constitutes the entire agreement between you and VAL Health and governs your use of the VAL Health Services, superseding any prior version of this Terms of Use between you and VAL Health with respect to the VAL Health Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other VAL Health services, affiliate services, third-party content or third-party software.

Choice of Law and Forum

. You and VAL Health each agree that the Terms of Use and the relationship between the parties shall be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions.

Waiver and Severability of Terms

. The failure of VAL Health to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

No Right of Survivorship and Non-Transferability

. You agree that your VAL Health account is non-transferable and any rights to your VAL Health account terminate upon your death.

Statute of Limitations

. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the VAL Health Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

Last updated April 18, 2013