Your use of Healthy Fundamentals is governed by this agreement. "Healthy Fundamentals" means the Healthy Fundamentals incentive program offered by the UFCW & Employers Benefit Trust fund, whose headquarters are located at 1277 Treat, Suite 220, Walnut Creek, CA 94597, United States, and its subsidiaries or affiliates involved in providing Healthy Fundamentals.

Healthy Fundamentals does not offer medical advice. Any content accessed through Healthy Fundamentals is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. This content 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 if you have any questions about a medical condition, or before taking any drug, changing your diet, or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through Healthy Fundamentals. Call 911 or your doctor for all medical emergencies.

You may only use Healthy Fundamentals if you reside in the United States and you are a UFCW & Employers Benefit Trust member or spouse/enrolled domestic partner covered.

Use of the Healthy Fundamentals website http://www.ufcwhrq.com is contingent upon participation in the Healthy Fundamentals incentive program offered by the UFCW & Employers Benefit Trust. You must provide accurate and complete registration information any time you register to use Healthy Fundamentals. You are responsible for the security of your passwords and for any use of your account. You must immediately notify Healthy Fundamentals of any unauthorized use of your password or account by calling 1-866-888-1888 or by sending an email by following the instructions at this link: http://www.ufcwhrq.com/contact_us.

Your use of Healthy Fundamentals and any content accessed through Healthy Fundamentals 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 Healthy Fundamentals.

You may not access Healthy Fundamentals other than by the interfaces provided by Healthy Fundamentals or interfere with or disrupt the proper operation of Healthy Fundamentals.

If you create, transmit, or display health or other information while using Healthy Fundamentals, you may provide only information that you own or have the right to use. When you provide your information through Healthy Fundamentals, you give Healthy Fundamentals a license to use and distribute it in connection with Healthy Fundamentals and other Healthy Fundamentals services. However, Healthy Fundamentals may only use health information you provide as permitted by the Healthy Fundamentals Privacy Policy and applicable law. Healthy Fundamentals is fully compliant with the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder ("HIPAA").

USE OF THESE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT YOUR OWN RISK. HEALTHY FUNDAMENTALS MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY CONTENT.

Healthy Fundamentals may place limits on, modify, suspend or terminate the Healthy Fundamentals website generally, and may suspend or terminate your use of Healthy Fundamentals if you fail to comply with this agreement. This suspension or termination may delete your information, files, and other previously available content.

Healthy Fundamentals may change this agreement and will post the modified agreement on the www.XXXXXX.com website. If you do not agree to the modified agreement, you should stop using Healthy Fundamentals. Your continued use of Healthy Fundamentals after the date the modified agreement is posted will constitute your acceptance of the modified agreement.

You will defend or settle any third-party claim against Healthy Fundamentals, any third party Healthy Fundamentals feature providers, or any of Healthy Fundamentals's other licensors arising out of or related to your use of Healthy Fundamentals.

NEITHER HEALTHY FUNDAMENTALS NOR ANY OF HEALTHY FUNDAMENTALS'S LICENSORS MAKE ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER HEALTHY FUNDAMENTALS NOR ANY OF HEALTHY FUNDAMENTALS’S LICENSORS MAKE ANY WARRANTY THAT THE CONTENT IN HEALTHY FUNDAMENTALS SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE IF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. CONTENT IN HEALTHY FUNDAMENTALS IS DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER HEALTHY FUNDAMENTALS NOR ANY OF HEALTHY FUNDAMENTALS’S LICENSORS MAKE ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY.

NEITHER YOU NOR HEALTHY FUNDAMENTALS OR ANY OF ITS LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION.

NEITHER YOU NOR HEALTHY FUNDAMENTALS OR ANY OF ITS LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN $1,000.

The limitations of liability in this Section do not apply to breaches of intellectual property provisions or indemnification obligations.

If you have not signed a separate written agreement related to Healthy Fundamentals, this agreement is the entire agreement between you and the UFCW & Employers Benefit Trust related to Healthy Fundamentals, replacing any prior agreements. If there is any conflict between this agreement and a signed written agreement between you and the UFCW & Employers Benefit Trust related to Healthy Fundamentals, the signed written agreement will control.

Healthy Fundamentals's Licensors may be third party beneficiaries to this agreement. 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.

If Healthy Fundamentals provides you with a translation of the English language version of this agreement, the English language version of this agreement will control 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.

This agreement is governed by California law, excluding California's choice-of-law rules. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS ALAMEDA COUNTY, CALIFORNIA. YOU AND HEALTHY FUNDAMENTALS CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. Nothing in this agreement limits either party's ability to seek equitable relief.