Privacy and Terms

This app or website as the may be (the “Site”), is comprised of various Web pages and proprietary educational programs and content owned and operated by Avidon Health LLC and/or its affiliates (“Avidon Health” or “Avidon”) for:

  1. Your personal information and use or
  2. The purpose of you or your agents making decisions regarding a potential business relationship with Avidon Health LLC. Your submission of information to and access and use of this Site is subject to the terms of service set forth below (the “Terms of Service”). By submitting information to and/or accessing and browsing this Site you accept and agree to abide by, without limitation or qualification, the Terms of Service. If you do not agree to be bound by the Terms of Service, you may not use this Site.

IMPORTANT — YOU MUST READ THIS CAREFULLY BEFORE USING THIS SITE. BY ENTERING THIS SITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE. THIS SITE IS OWNED, CONTROLLED AND OPERATED BY AVIDON HEALTH LLC. AVIDON RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY, ALTER OR OTHERWISE UPDATE THE TERMS OF SERVICE AT ANY TIME AND, BY ENTERING THIS SITE, YOU AGREE TO BE BOUND BY SUCH MODIFICATIONS, ALTERATIONS OR UPDATES AS WELL.

1. The Site Does Not Provide Medical or Clinical Advice

The Site offers online lifestyle management content, tools, and training programs including smoking cessation, weight, alcohol, exercise, and other programs designed to enable participants to improve their lives, some of which employ a structured educational methodology called cognitive behavioral training, which may include programs accessed externally (collectively, the “Content”). The Site and the Content are for educational purposes only. Nothing contained in this Site, or the Content, is intended to be instructional for clinical diagnosis or treatment. The information gathered, contributed, stored, or compiled here should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. The Content, and any other content such as text, graphics, images, information obtained from Avidon’s licensors, and other material, are not intended to be substitutes for professional clinical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition, and before embarking on a new behavior change approach, diet, or exercise program. Never disregard professional medical advice or delay in seeking such advice because of something you have read on the Site. If you think you may have a medical emergency, call your doctor or 911 immediately. Avidon Health does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Avidon, Avidon employees, others appearing on the Site at the invitation of Avidon, or other visitors to the Site is solely at your own risk. The Site may contain health or medical-related materials which you find explicit or otherwise offensive. Avidon Health, its licensors, and its suppliers accept no responsibility for such materials. You are solely responsible for compliance with the laws applicable to your country of residence.

2. Copyrights.

All of the material, programs and processes presented in parts or entirety on this Site, whether graphical, textual, audio, video, computer code, or software, or a combination thereof, are protected by copyrights which are owned and controlled by Avidon Health, or by third parties, such as Google, to collect data about your visit via advertising cookies and anonymous identifiers. The content found on this Site may not be copied, modified, reproduced, reverse engineered, republished, posted, transmitted, or distributed in any way without the express written permission from Avidon Health. All contents of the Site are copyrighted under: Copyright © 2020–2022 – Avidon Health LLC. All Rights Reserved.

3. Trademarks.

www.avidonhealth.com™, engagementrx.com™, and the names of other Avidon products and services referenced herein are service marks or trademarks of Avidon Health.

4. License and Site Access.

Avidon Health grants you a limited license to:

  1. Access and make personal use of this Site or
  2. access and make use of this Site for the purpose of making decisions regarding a potential business relationship with Avidon Health LLC, and not to download (other than page caching) or modify it, or any portion of it, except with prior express written consent of Avidon Health.

This license does not include any resale or commercial use of this Site or its contents; any collection or use of any product or service listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant or service provider; or any use of data mining, robots, or similar data gathering or extraction tools. Neither this Site nor any portion of this Site may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Avidon Health. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Avidon or our affiliates with the prior express written consent of Avidon Health. You may not use any meta-tags or any other “hidden text” utilizing Avidon Health’s name or trademarks without the express written consent of Avidon Health. Any unauthorized use terminates the permission and license granted by Avidon Health hereunder. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site so long as the link does not portray Avidon, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Avidon Health logo or other proprietary graphic or trademark as part of the link or for any other reason without express written permission.

5. Submission of Information.

If you use password-protected areas of this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. By submitting your email address during registration for an Avidon program you agree to receive the reminder and progress emails designed to enhance the efficacy of the program, for the duration of your registration in the program. Avidon Health and its affiliates reserve the right to refuse service, terminate accounts, remove, or edit content. Any communication or material you transmit to the Site by electronic mail or otherwise, other than information specifically excluded in the Privacy Policy below, is and will be treated as nonconfidential and non-proprietary. Examples include questions, comments, testimonials, suggestions, or the like. Anything you transmit or post becomes the property of Avidon Health, and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting, whether for financial gain or otherwise.

6. Use of Information.

This Site contains information which may be derived in whole or in part from materials and information supplied by other sources. Avidon Health makes no representation or warranty, express or implied, and assumes no responsibility or legal liability for the accuracy, completeness, timeliness, or quality of any information contained in this Site, all of which is subject to deletion, addition and change at any time without notice from Avidon. Avidon Health does not ensure the accuracy, endorse, or recommend any information and your use of any such information is at your own risk. The information contained on this Site cannot be considered complete and Avidon undertakes no commitment to update the information contained on this Site within a particular period of time. It is the responsibility of each user of any portion of the Site to ascertain the accuracy of any information before entering into any commitment (financial or otherwise) or undertaking any course of action based upon the information contained in this Site.

7. Disclaimer of Warranties.

THE USE OF THIS SITE AND THE CONTENT IS AT YOUR OWN RISK. ALL OF THE INFORMATION, SERVICES AND MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO INFORMATION, ADVICE, OR GUIDANCE, WHETHER ORAL OR WRITTEN, RECEIVED BY YOU FROM AVIDON HEALTH OR THIS SITE SHALL CREATE ANY WARRANTY.

8. Limitation of Liability.

IN NO EVENT SHALL AVIDON HEALTH BE LIABLE TO ANY PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, PERSONS OR ENTITIES WHO MAY SUBMIT INFORMATION TO, USE OR RELY ON THIS SITE OR TO WHOM ANY INFORMATION ON THIS SITE MAY BE FURNISHED, FOR ANY LOSS OR DAMAGE OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, PUNITIVE OR OTHERWISE, ARISING OUT OF, BASED UPON OR RESULTING FROM ANY USE OF OR RELIANCE ON THIS SITE OR ANY INFORMATION OR OPINIONS CONTAINED HEREIN, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. AVIDON HEALTH IS NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE, OR THE CONTENT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. FURTHER, AVIDON SHALL NOT BE IN ANY WAY RESPONSIBLE FOR THE CONDUCT OR OMISSIONS OF THIRD PARTIES THAT HAVE POSTED INFORMATION ON THIS SITE OR FOR ANY INFORMATION POSTED ON THIS SITE BY SUCH PARTIES.

9. Third Party Sites.

As a convenience to users, Avidon Health may provide links on the Site to websites maintained by others. Avidon has not necessarily reviewed such sites and is not responsible for the contents or availability of such sites or for products or services offered on such sites. Avidon shall not be responsible or liable, directly or indirectly, for any damage or loss caused or claimed to have been caused by use of any such sites or the content, goods, services, or advertisements contained on or available via such sites. Links have been provided for your convenience and the inclusion of any link does not imply endorsement by Avidon Health of such site(s) or any association with the site’s owners or operators.

10. Privacy Policy.

Pursuant to Avidon Health’s privacy policy, we may disclose to third parties certain aggregate information contained in your registration or other information or related data, provided that such information will not include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the Terms of Service, or under any of the other circumstances set forth in our Privacy Policy, as may be amended from time to time.

11. Indemnification.

Each user of this Site agrees to indemnify, defend, and hold Avidon Health harmless from and against any and all third party claims, liabilities, costs, or expenses, including reasonable attorneys’ fees, arising out of, or resulting from (a) such user’s breach of any provision of these Terms of Service, (b) such user’s negligence or willful misconduct, or (c) a claim that information submitted to this Site infringes on the intellectual property or proprietary rights of a third party.

12. General.

This Site is controlled and operated by Avidon Health from its offices within the State of New Jersey, United States of America. Avidon makes no representation that the materials on this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, if and to the extent applicable. These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the State of New Jersey, without regard to conflicts of law, as they are applied to agreements entered into and to be performed entirely within the State of New Jersey. Any action you, any third party, or Avidon Health brings to enforce these Terms of Service or in connection with any matters relating to this Site shall be brought only in either the state or federal courts located in Union County, New Jersey, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms of Service shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service constitute the entire agreement and understanding between you and Avidon Health, and supersede any prior or contemporaneous agreements or understandings, whether written or oral, relating to the matters contained herein.

13. Term and Termination.

These Terms of Service are effective until terminated by either you or Avidon Health. You may terminate the Terms of Service at any time by permanently discontinuing your use of this Site and destroying all materials obtained from it. Avidon Health may terminate these Terms of Service following any violation of any of the Terms of Service contained herein. The provisions contained under the headings Copyrights, Trademarks, Disclaimer of Warranties, Limitation of Liability, Indemnification and General shall survive any such termination.

14. Guarantee.

If you purchased a program directly through our site: after you sign up and complete the entire program within 90 days, if you are not completely satisfied, contact us within five business days of completing the program using the Help link within the program and receive a full refund for the amount you paid on this Site. Please Note: If you are taking the Program as part of any other program, or if you did not pay for the Program at this site, you are not covered by this guarantee.

PRIVACY POLICY

This Site is not targeted at children. We do not knowingly collect any personally identifiable information from children under the age of 13i. Avidon Health LLC will ask you to provide personal information about yourself to provide you services on this Site and other Avidon sites. We are committed to keeping your personal information confidential and secure.

The personal information we may request and why we ask for it

The following information that you may be asked to provide is used to administer our business, optimize the user experience, provide customer service, track your progress towards meeting health goals, communicate information from Avidon Health or its partners that may be of interest to you, and to confirm and fulfill your order if applicable:

The above collected information may be retained by Avidon Health for up to 7 years after your last use of the Site. Typically, you provide this information when you purchase or register for our products. We also obtain data from third partiesii. The following information is usually collected using technologies like cookiesiii and from error reports or usage data from the Site. It is analyzed in aggregate to improve the function and content of the Site.

Who we share your information withiv

How we protect your personal information

We take reasonable security measures, including physical, administrative, and technical safeguards to protect your personal information from misuse, disclosure, and unavailability.v

How privacy laws apply

Avidon Health strives to follow the General Data Protection Regulationvi (GDPR) and Health Insurance Portability and Accountability Actvii (HIPAA).

Who to contact

To use the services provided on Avidon Health web sites you must agree to the terms and conditions of this Privacy Policy.

If you have questions or comments about this Privacy Policy please contact us at:

privacy@avidonhealth.com

If you identify any inaccuracy in your personal information, or you need to make a change or would like to verify such information, please contact us at privacy@avidonhealth.com so that we may update our records. You may also log in to your assigned Site and update your own information. We will use commercially reasonable efforts to accommodate all such requests.

Latest revision: May 24, 2022 

i If we become aware that personally identifiable information regarding a child under the age of 13 has been collected at the Site, we will use such information for the sole purpose of contacting a parent or guardian of the child to obtain verifiable parental consent. If we cannot obtain consent after a reasonable period of time, or if when contacted a parent or guardian requests that we do not use or maintain such information, we will make reasonable efforts to delete it from our records. Upon request by a parent or guardian, Avidon will provide a description of the specific types of personal information collected from a child who is under the age of 13.

ii The Site may contain links to web sites operated and maintained by third parties over which we have absolutely no control. Any information you provide to third party web sites will be governed under the terms of each web sites’ privacy policy and we encourage you to investigate and ask questions before disclosing any information to the operators of third party web sites. We have no responsibility or liability whatsoever for the content, actions or policies of third party web sites. The inclusion of third party web sites on our Site in no way constitutes an endorsement of such web sites’ content, actions or policies.

iii Cookies are small pieces of information that are stored on computer hard drives. We may use cookies to recognize you when you return to the Site in order to provide you with a better user experience. Our cookies do not contain any personally identifying information, such as your name, or sensitive information, such as your credit card number. We may allow third parties such as Google to collect data about your visit via advertising cookies and anonymous identifiers. We do not control the use or contents of third party cookies. If you do not wish Google to track your activity, Google’s currently-available opt-out tools are located here. Web browsers often allow you to erase existing cookies from your hard drive, block the use of cookies and/or be notified when cookies are encountered. If you elect to block cookies, please note that you may not be able to take full advantage of the features and functions of the Site.

iv Avidon Health may partner with other companies to jointly offer products or services. If you purchase or specifically express interest in a jointly offered product or service from Avidon Health, Avidon may share Customer Information collected in connection with your purchase or expression of interest with those partners. Avidon does not control our partners’ use of the Customer Information, and their use of the information will be in accordance with their own privacy policies. If you do not wish your information to be shared in this manner, you may choose not to purchase or specifically express interest in a jointly offered product or service.

v We take reasonable and appropriate steps to ensure that the personal information we collect about you remains accurate, timely and secure. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure and while we strive to protect your personal information, we cannot guarantee or warrant its complete security. We are not responsible for harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of our Site or any information you transmit to our Site. Unless earlier deletion is requested by you, your data is retained for seven years to fulfill the contracted services and meet legal obligations.

vi You generally have the right to access your Personal Data. Accordingly, where appropriate, we provide you with reasonable access to the Personal Data we maintain about you. We also provide you a reasonable opportunity to choose whether to receive communications from us or correct, amend, or delete the information. Avidon Health may limit or deny access to Personal Data where the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question, or where the rights of persons other than you would be violated. Other reasons for denying or limiting access include (i) interference with the execution or enforcement of the law or with private causes of action, including the prevention, investigation or detection of offenses or the right to a fair trial; (ii) disclosure where the legitimate rights or important interests of others would be violated; (iii) breaching a legal or other professional privilege or obligation; (iv) prejudicing employee security investigations or grievance proceedings or in connection with employee succession planning and corporate re-organizations; or (v) prejudicing the confidentiality necessary in monitoring, inspection or regulatory functions connected with sound management, or in future or ongoing negotiations involving the organization. Please contact privacy@avidonhealth.com to request access to your Personal Data or to correct, amend, or delete the Personal Data where it is inaccurate or has been processed in violation of the Privacy Shield Principles. If access will not be granted, Avidon will respond with a reason for denying your request.

vii If you are using Avidon Health as a benefit offered by your health plan or wellness provider, then your “Protected Health Information” or “PHI” (as that term is defined in HIPAA) is covered by (i) the Health Insurance Portability and Accountability Act, its implementing regulations, and amendments thereto (collectively “HIPAA”), and (ii) our contract with your health plan or wellness provider. Accordingly, and notwithstanding any statements to the contrary in these Terms of Service, your PHI will be accessed, used, disclosed and maintained solely in accordance with HIPAA and our contract with your health plan or wellness provider. For more information about your rights under HIPAA, please contact your health plan or wellness provider and ask for a copy of their Notice of Privacy Practices. If you believe your privacy rights have been violated, or if you disagree with a decision we made about a request, you may file a written complaint with us or the Secretary of the Department of Health and Human Services (DHHS). You will not be penalized if you file a complaint about our privacy practices with us or with DHHS.