Terms

TERMS OF USE AGREEMENT

The following Terms of Use Agreement (the “Agreement”) governs your use of the Virtual Lifestyle Management ™ website, referred to here as the VLM Web Site, which is made up of various Web pages operated by ABK Ventures, Inc. d/b/a Canary Health in conjunction with the Government Employees Health Association (“GEHA”). Your use of the Web Site constitutes your agreement to all the terms and conditions of this Agreement, without modification. IF YOU DO NOT AGREE, DO NOT USE THE SITE. Use of the words “we,” “our,” “us” and “operators” in this Agreement are meant to refer to ABK Ventures, Inc d/b/a Canary Health and GEHA. Use of the words “you” or “your” are intended to refer to the individual using the VLM Web Site, and who has agreed to do so subject to this Agreement.

We reserve the right to modify the terms and conditions of this Agreement and/or its policies at any time. You are responsible for regularly reviewing this Agreement. Any modifications are effective as of the date of posting. Your continued use of the VLM Web Site after any modification will constitute your consent to such modification.

PRIVACY AND SECURITY
An applicable Privacy Statement is incorporated herein by reference for all purposes and may be viewed here. The VLM Web Site and its operators reserve the right to modify the Privacy Statement in their reasonable discretion, subject to any applicable law. You are responsible for maintaining confidentiality of passwords, user names and account information provided in connection with your use of the VLM Web Site. The operators of the VLM Web Site may contact you for marketing and other non-critical Web Site related communications. You may opt out of being contacted or receiving such information at any time by sending a request to support@vlmservice.com.

By using the VLM Web Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Web Site may be read or intercepted by others.

LICENSE GRANT & LIMITATIONS ON USE
You are hereby granted a non-exclusive, non-transferable right to use the VLM Web Site, solely for your own purposes, subject to the terms and conditions of this Agreement. The VLM Web Site and its operators reserve all rights not expressly granted to you. You may use information on services purposely and clearly made available for downloading from the VLM Web Site, provided that you (1) do not remove any proprietary notice language in any document, (2) use such information solely for your own personal, non-commercial informational purpose, (3) do not copy or post such information on any networked computer or broadcast it in any media, (4) do not modify any downloaded information, and (5) do not make any additional representations or warranties relating to the information.

As a condition of your use of the VLM Web Site, you warrant that you will not use the VLM Web Site for any purpose that is unlawful or prohibited by this Agreement. You shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the content of the VLM Web Site in any way; (ii) modify or make derivative works based upon the VLM Web Site or its content; (iii) commercially exploit the VLM Web Site or its content in any way; or (iv) create Internet “links” to the VLM Web Site or “frame” or “mirror” any content contained in, or accessible from, the VLM Web Site on any other server, wireless or Internet-based device. You agree not to reverse engineer the VLM Web Site or the content, or access the VLM Web Site in order to (i) build a competitive product or service; (ii) build a product using similar ideas, features, functions or graphics; or (iii) copy any ideas, features, functions or graphics of the VLM Web Site.

You may not use the VLM Web Site in any manner that could interfere with another party’s use and enjoyment of the Web Site. More specifically, when using the Web Site, you will not: (i) send spam, junk email, chain letters, or duplicative or unsolicited messages; (ii) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; (iii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information; (iv) upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any similar software or programs that may damage the operation of another’s computer or property; (v) interfere with or disrupt the VLM Web Site or data contained therein; (vi) attempt to gain unauthorized access to the Web Site or its related systems or networks; or (vii) violate any applicable law.

USERS ACCOUNTS

All users of the VLM Web Site receive a password and an account. As a user, you are entirely responsible for any and all activities that occur under your account whether authorized or not. You agree to notify the VLM Web Site of any unauthorized use of your account or any other breach of security known to you.

LINKS TO THIRD PARTY SITES
The VLM Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of the VLM Web Site or its operators, and they are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. VLM Web Site provides the links to you only as a convenience, and the inclusion of any link does not imply endorsement by this Web Site or its operators or any association with its operators.

OWNERSHIP AND USE OF MATERIALS THAT YOU PROVIDE TO OR POST AT THE VLM WEB SITE
The operators of the VLM Web Site do not claim ownership of the materials you provide to the VLM Web Site (including feedback and suggestions) or post, upload, input or submit to any VLM Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting any Submission, you are granting the operators of the VLM Web Site, their affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. The operators of the VLM Web Site are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in their sole discretion.

By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of any Submission, and the operators of the VLM Web Site shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of your data.

The operators of the VLM Web Site will not monitor, edit, or disclose any information regarding you or your account without your prior permission except in accordance with this Agreement, except as and to the extent specified in the Privacy Statement, and in particular its section regarding “Use of Your Personally Identifiable Information.”

TERM OF THIS AGREEMENT; TERMINATION
This Agreement begins on the date you agree to use the VLM Web Site. The operators of the VLM Web Site may terminate your access to the VLM Web Site and the related services or any portion thereof at any time, without notice.

The operators of the VLM Web Site may, in any of their sole discretion, terminate your password, account or use of the VLM Web Site and remove and discard any of your data, without notice, if you fail to comply with this Agreement. Upon such termination for cause, your right to use the VLM Web Site will immediately cease. We will remove and/or provide copies of your data within a commercially reasonable period of time if you so request at the time of termination. You agree that otherwise the operators of the VLM Web Site shall have no obligation to maintain any data stored in your account or to provide copies of any such data to you or any third party and may delete such data irretrievably more than 30 days after termination.

If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by sending a communication to any address (email or otherwise) that we have for you in our records.

YOUR USE OF COMMUNICATION SERVICES
The VLM Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations.

The VLM Web Site and its operators have no obligation to monitor the Communication Services. However, we reserve the right to review, edit, refuse to post, or remove any materials posted to a Communication Service in our sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, in our sole discretion.

Always use caution when giving out any personally identifying information about yourself or your DEPENDENTS in any Communication Service. The VLM Web Site and its operators do not control or endorse the content, messages or information found in any Communication Service and, therefore, the VLM Web Site and its operators specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized VLM Web Site spokespersons, and their views do not necessarily reflect those of the VLM Web Site or its operators.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE VLM WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE OPERATORS OF THE VLM WEB SITE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE VLM WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE VLM WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE OPERATORS OF THE VLM WEB SITE AND/OR THEIR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE VLM WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE OPERATORS OF THE VLM WEB SITE AND/OR THEIR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE OPERATORS OF THE VLM WEB SITE AND/OR THEIR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE VLM WEB SITE, WITH THE DELAY OR INABILITY TO USE THE VLM WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE VLM WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE VLM WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE OPERATORS OF THE VLM WEB SITE OR ANY OF THEIR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE VLM WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE VLM WEB SITE.

APPLICABLE LAW, VALIDITY AND ENFORCEABILITY OF THIS AGREEMENT

To the maximum extent permitted by law, this Agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the VLM Web Site. Use of the VLM Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the operators of the VLM Web Site as a result of this Agreement or use of the VLM Web Site. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire Agreement between you and the operators of the VLM Web Site with respect to the VLM Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the operators of the VLM Web Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be drawn up in English. If you choose to access this site from locations outside the U.S., you do so at your own risk and are responsible for compliance with applicable local laws.

ASSIGNMENT

This Agreement may not be assigned by you without the prior written approval of the operators of the VLM Web Site but may be assigned without your consent by the operators of the VLM Web Site to (i) a parent or subsidiary of any of theirs, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.

COPYRIGHT, TRADEMARK NOTICES and copyright infringement notices:

All contents of the VLM Web Site are: Copyright 2016 by Canary Health and/or its suppliers. All rights reserved.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

To submit a claim of alleged infringement for content available on the VLM Web Site, email support@vlmservice.com.

QUESTIONS OR ADDITIONAL INFORMATION

If you have any questions regarding this Agreement or wish to obtain additional information, please send an email to: support@vlmservice.com.