Effective: March 25, 2021

 

Please read these Terms of Use (“Terms of Use”) carefully as they contain important information regarding your legal rights, remedies, and obligations. These Terms of Use include various limitations and exclusions, and a dispute resolution clause that governs how disputes will be resolved and should be read together with, and incorporate our Privacy Policy and HIPAA Notice.

 

By accessing the websites of Prevail Health Solutions LLC (“Prevail Health”), at www.iprevail(dot)com; www.vetsprevail(dot)com; www.warriorsprevail(dot)com; www.momsprevail(dot)com; www.studentsprevail(dot)com (collectively the “Prevail Websites”) and any services offered by Prevail Health (the “Prevail Health Services”), you signify that you have read, understand, and agree to be bound by these Terms of Use regardless of whether or not you are a Registered User (defined below) of the Prevail Platform (defined below). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the effective date of the revised Terms of Use. Your continued use of Prevail Health services, including the Prevail Websites, after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future terms, do not use or access, or continue to use or access the Prevail Health Services, including those made available on the Prevail Websites. It is your responsibility to regularly check these Terms of Use and to review any changes.

 

General Description of Prevail Health Services

 

Prevail Health is a personalized and confidential online training program designed to help users learn about their potential issues and overcome life’s challenges at their own pace and with the support of their peers through online discussions facilitated by the Prevail Websites platform (the “Prevail Platform”). Those users who use the Prevail Platform but do not register on the Prevail Websites are referenced herein as unregistered users (“Unregistered Users”). Those users who use the Prevail Platform and register on the Prevail Websites are referenced herein as registered users (“Registered Users”, and, together with Unregistered Users, “Users”). Those peers who seek to provide support to Registered or Unregistered Users and have completed the Prevail Health formal peer certification process (the “Prevail Health Peer Certification Process”) are referenced herein as program peers (“Program Peers”). Those peers who seek to provide support to Registered or Unregistered Users who have not completed the Prevail Health Peer Certification Process but have completed an interactive process indicating that he/she has reviewed Prevail Health’s internal training materials are referenced herein as user peers (“User Peers”, and, together with Program Peers, “Peers”). For the avoidance of doubt, all Users and Peers who make use of the Prevail Websites or any of the Prevail Health Services, including but not limited to the Prevail Platform, are subject to these Terms of Use. For the avoidance of doubt, by availing themselves or, or providing, as the case may be, any Prevail Health Services, Users and Peers acknowledge and agree that (i) Peers are not medical or any other health professionals, (ii) Peers are prohibited from holding themselves out as medical or any other health professional, and (iii) Users acknowledge that any advice they may receive from a Peer is not to be considered advice received from any medical or other health professional or take the place of medical advice or services.

 

Elgibility

 

Use of the Prevail Platform is void where prohibited. The Prevail Health Services are intended solely for Users who are eighteen (18) years of age or older or between the ages of 13-18 years old with parental consent. Any registration by, use of, or access to Prevail Health Services by anyone under 18 without parental consent is unauthorized, unlicensed, and in violation of these Terms of Use. By using any Prevail Health Services, you represent and warrant that you are eighteen (18) years of age or older, or between the ages of 13-18 years old with parental consent and that you agree to and will abide by all terms and conditions of these Terms of Use; and (b) are not located in a country embargoed by the Unites States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals, or not legally permitted to access our site or services. If Prevail Health learns of a User who (a) is younger than 18, or 13-18 years old without parental consent, or (b) are barred or otherwise legally prohibited from accessing the Prevail Websites or using the Prevail Health Services under the laws of the country in which you reside or through which you access the site then Prevail Health, at its sole discretion, can terminate that Account.

 

Account Security & Registration Data

 

In consideration of your use of the Prevail Health Service, you agree to and will:

 

1. Provide accurate, current, and complete information about you and your emergency contacts as prompted by any registration forms on the Prevail Websites.
2. Maintain the security of your password and identification.
3. Maintain and promptly update your registration and any other information you provide to Prevail Health in order to keep it accurate, current, and complete.
4. Be fully responsible for all use of your Prevail Health Account and for any actions that take place using such Account.

 

Disclosing Confidential Information to Other Users

 

Use of Prevail Health Services is based on the confidentiality and anonymity of communications with other Users or Peers on our site. You are expressly prohibited from disclosing to another User or Peer, your confidential information, such as information that could personally identify you, or any protected health information (“PHI”) as defined in our HIPAA Notice during any use of the Prevail Health Services. Violation of these provisions will also result in termination of your Account and use of the Prevail Health Services. To the extent you violate these Terms and share such information, User acknowledges that information may constitute PHI and you acknowledge and consent to sharing your submission with Prevail Health and understand that any confidential information you share, may be captured and stored by Prevail Health and used or disclosed as set forth in our Privacy Policy and HIPAA Notice.

 

Use of Services Without Account Registration

 

Some features on the Prevail Platform can be used without registering for a Prevail Health (“Account”), such as our online chat system. Users can use this feature anonymously. User may not use these anonymous chat services without agreeing to these Terms of Use, the Privacy Policy, and our HIPAA Notice. You are expressly forbidden from disclosing your confidential information, information that could personally identify you, or any protected health information (“PHI”) as defined in our HIPAA Notice in any anonymous chat. To the extent you violate these Terms of Use and share such information in an anonymous chat, User acknowledges that information submitted through this chat feature may constitute PHI and you acknowledge and consent to sharing your submission with Prevail Health and understand that any confidential information you share, may be captured and stored by Prevail Health and used or disclosed as set forth in our Privacy Policy and HIPAA Notice. Violation of these provisions may also result in termination of your use of the Prevail Health Services.

 

Payment Terms

 

Certain aspects of the Prevail Health Services may be provided for a fee, subscription or other charge. If you purchase a subscription from Prevail Health, this subscription will automatically renew at the end of each billing cycle, typically every thirty (30) days, at which point you will automatically be charged on your anniversary date for the next billing cycle. Prevail Health may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms will become effective in the billing cycle following notice of such change to you as provided in this Agreement.

 

You are responsible for all fees, including taxes, associated with your use of the Prevail Health Services. You are responsible for providing us with a valid means of payment. Client User must keep current payment information on file with Prevail Health and User’s Account must be adequately funded to pay for any services rendered.

 

By agreeing to these terms, you are giving Prevail Health permission to charge your on-file credit card or PayPal Account for fees for your subscription.

 

Users may cancel their subscription at any time by indicating such in the settings of their Account. Cancellation will take effect at the end of the then-current billing cycle. There will be no refunds or return of prorated membership fees for unused days in a membership cycle.

 

Prevail Health’s Proprietary Rights in Site Content

 

All content on the Prevail Websites andthe Prevail Health Service including text, graphics, designs, pictures, video, information, software, music, sound, and their selection and arrangement (‘content’) are the proprietary property of Prevail Health, or its licensors, with all rights reserved. No content may be modified, copied, distributed, framed, reproduced, republished, downloaded, transmitted, or sold in any form by any means, in whole or in part, without the Prevail Health’s prior written consent.

 

Any use of Prevail Health Services, other than as specifically authorized herein, without the prior written consent of Prevail Health is strictly prohibited and will automatically terminate the usage rights granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The usage rights granted hereunder are revocable by Prevail Health at any time without notice and with or without cause.

 

Trademarks and Service Marks

 

Prevail Health and Prevail Websites and other company graphics, logos, designs, page headers, icons, scripts and service names are the trademarks and service marks, or trade dress of Prevail Health Solutions LLC. Prevail Health’s trademarks and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used in whole or in part without prior written consent from Prevail Health.

 

User Conduct

 

The Prevail Health Services are available for personal, non-commercial use only. You represent, warrant, and agree that no materials of any kind submitted through your Prevail Health Account or otherwise posted, transmitted, or shared by you on or through the Prevail Websites will infringe upon the rights of any third party, including but not limited to copyright, trademark, privacy, publicity, or other personal or proprietary rights or contain libelous, defamatory or otherwise unlawful material.

 

Prohibited actions include, but are not limited to:

 

1. Use of any Prevail Health Services in any unlawful manner or in any other manner that could damage, disable, or overburden or impair Prevail Health or any of the Prevail Health Services.
2. Use of automated scripts to collect information from or otherwise interact with Prevail Health or Prevail Health Services.
3. Sharing, posting, or otherwise making available any content that Prevail Health deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, pornographic, fraudulent, invasive of privacy or publicity rights, hateful, or racially or ethnically objectionable.
4. Registration of more than one Prevail Health Account per person. You may not register for a Prevail Health Account on behalf of an individual other than yourself, and you may not register on behalf of any entity.
5. Posting or sharing private information of any third party, including addresses, phone numbers, email addresses, social security numbers, or credit card numbers or any protected health information (“PHI”) as defined in our HIPAA Notice.
6. Solicitation of any personally identifying information from Peers or other Users.
7. Posting, sharing, transmitting, or otherwise making available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
8. Posting, sharing, transmitting, or otherwise making available any material that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
9. Using or attempting to use another’s Prevail Health Account, or creating a false Prevail Health identity.
10. Take any actions that may undermine, disrupt or manipulate the integrity of the User feedback (rating) system on the Prevail Platform. Prevail Health may change ratings policy at any time and without warning. Prevail Health also reserves the right to exclude without explanation any rating that we think may compromise the integrity of the User feedback system.
11. Take any actions that may undermine, disrupt or manipulate the Rewards Program.
12. Impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity.
13. Stalk, threaten or harass any Peer or User or infringe upon or attempt to infringe upon their privacy.
14. Disclosing to another User or Peer, your confidential information, such as information that could personally identify you, or any protected health information (“PHI”) as defined in our HIPAA Notice during any use of the Prevail Health Services.
15. Use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data.
16. Engaging in “Flagged Behavior” on the Prevail Platform (defined below).

 

Peer Conduct

 

IF A PEER DECIDES TO PROVIDE USERS SERVICES THROUGH THE USE OF PREVAIL HEALTH, PEER MUST EXERCISE A REASONABLE STANDARD OF CARE, AT LEAST THE SAME AS PEER WOULD IN A SIMILAR TRANSACTION NOT CONDUCTED THROUGH THE INTERNET, OR THE STANDARD OF CARE MANDATED BY HIS OR HER PROFESSION, WHICHEVER IS HIGHER.

 

PEERS SHALL NOT HOLD THEMSELVES OUT AS MEDICAL OR ANY OTHER HEALTH PROFESSIONAL OR HOLD THEMSELVES OUT AS HAVING ANY LICENSE OR CERTIFICATION TO PROVIDE HEALTH OR MEDICAL TREATMENT OR SERVICES.

 

You will not provide any legal or medical advice or other advice or information which may only be lawfully rendered or provided by a licensed professional who has established a physician-patient relationship, attorney-client, or other relationship. Peer will be solely and fully liable for all conduct, services, advice, postings and transmissions on an Prevail Health Service that are made under your user name and password.

 

Peer agrees that any information or content that Peer posts or transmits through a Prevail Health Service will not be considered Peer’s confidential information, but rather this information, whether personal in nature or not, shall be owned by Prevail Health. Peer further agrees and consents to Peer’s chats or transcripts, being captured in any format, controlled, processed and shared by Prevail Health with third parties as designated solely by Prevail Health.

 

Peer will not impersonate any person or entity, or make any false statement regarding Peer’s employment, agency or affiliation with any person or entity.

 

Peer will not stalk, threaten or harass Users or other Peers or invade or attempt to invade their privacy.

 

Peer will not violate, or aid or abet the violation of, any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code.

 

Peer will not engage in conduct that is harmful, unethical, fraudulent, deceptive or offensive.

 

Peer will not encourage a User to disclose his or her confidential information, such as information that could personally identify the User, or any protected health information (“PHI”) as defined in our HIPAA Notice to the Peer or other Users.

 

Peer will not disclose any information that was provided to Peer by a User and will use his or her best efforts to guard Users’ privacy. Peer will not take any actions that violates our HIPAA notice.

 

Peer agrees to comply with all applicable laws regarding use of the Prevail Websites.

 

Peer will not engage in any acts or omissions that would constitute a violation of the ‘User Conduct’ section of these Terms of Use.

 

Account Suspension or Termination

 

Prevail Health, in its sole discretion and for any reason, may suspend or terminate a User’s or Peer’s, account or participation in any Prevail Services and refuse any and all current or future use by Users or Peers of the Prevail Websites. Termination of a User’s or Peer’s account(s) will result in forfeiture of any unredeemed Rewards Points.

 

Because Prevail Health does not offer medical or mental health diagnosis or related treatment, and Peers are prohibited from providing such diagnosis or related treatment, some interactions on the Prevail Platform are outside the scope of the Prevail Health Services. As such, Prevail Health may create internal protocols for temporary suspensions or permanent termination of Accounts due to a User engaging in certain flagged behaviors (“Flagged Behavior”), including but not limited to (1) reporting recent self-harm or harm to others or intent to inflict harm or injury to self or others, (2) reporting an incident of sexual assault that has not been reported to an appropriate professional or resource; (3) inappropriate or offensive behavior, and (4) misrepresentation. Prevail Health, in its sole discretion, may determine the protocols and amend such protocols at any time for Account suspension or termination.

 

Third Party Websites and Content

 

The Prevail Websites contains links to other websites (Third Party Sites). Such Third Party Sites are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Prevail Health, and Prevail Health is not responsible for any Third Party Sites accessed through the Prevail Websites or other Prevail Health Services.

 

User Dashboard

 

The user dashboard offered on the Prevail Websites is used solely for self-help and communication purposes. The information you provide to Prevail Health during your Account registration process will supply information for your user dashboard. By using the Prevail Websites or the Prevail Health Services, you certify that all information provided by you to Prevail Health through the registration process or your use of the Prevail Websites or other Prevail Health Services is correct and accurate. You may not set up an Account on behalf of another individual or entity. You are expressly forbidden from disclosing your confidential information such as information that could personally identify you, or any protected health information (“PHI”) as defined in our HIPAA Notice in your Account profile or anywhere on the Prevail Platform. To the extent you violate these Terms of Use and share such information on the Prevail Platform or with another user, you also acknowledge that the information you provide on the user dashboard may constitute PHI and may be captured by Prevail Health Services. You expressly acknowledge that you have read and agree to our HIPAA Notice and consent to our use or disclosure of your PHI as set forth in the HIPAA Notice.

 

Disclaimers

 

Any Prevail Health Services may be temporarily unavailable from time to time for maintenance and other reasons. Prevail Health assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication failure, or alteration of user communications. Prevail Health is not responsible for any technical malfunction or other problems of any telephone network service, computer systems, servers or providers, computer equipment, software, failure of email on Account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to an Prevail Health User’s or Peer’s computer or other hardware or software related to or resulting from using or downloading material in connection with Prevail Health’s provision of services, including those offered on the Prevail Websites. Prevail Health is not responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of Prevail Health’s Services.

 

The Prevail Health Services are voluntary methods for self-help. Participants understand that they are participating in the Prevail Health programs offered as part of the Prevail Health Services voluntarily. The Prevail Health Services are not methods of emergency crisis management and are not intended to replace your current methods of physical and mental health care. In the event of an emergency, immediately call 911 or a suicide assistance hotline such as 1-800-273-TALK (8255).

 

The Prevail Health Services, including those offered on the Prevail Websites, are provided ‘as is’ and ‘where is’ and Prevail Health disclaims any and all representations and warranties, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Prevail Health does not guarantee and does not promise any specific results from use of Prevail Health’s Services. By using Prevail Health’s Services, you accept the terms contained in this disclaimer. You agree that any use you make of such services, advice, or answers is at your own risk and that Prevail Health is not responsible for any damages or losses resulting from your reliance on information offered in connection with the provision of Prevail Health Services. By using any of the Prevail Health Services, you understand and expressly agree that Prevail Health is not responsible for any information that you do or do not receive, and you expressly agree to hold Prevail Health and its officers, directors, employees, other affiliates and agents harmless for any loss, harm, injury, or damage whatsoever resulting from or arising out of your participation in or use or reliance on any information or advice provided through Prevail Health and/or any Prevail Health Service.

 

Users acknowledge and agree that Peers are neither employees nor agents nor representatives of Prevail Health, and Prevail Health assumes no responsibility for any act or omission of any Peer. Prevail Health makes no representation or warranty whatsoever as to (a) the accuracy or availability of the Peers or the Prevail Platform, (b) the willingness or ability of any Peer to give advice, (d) whether a User will find a Peer’s advice relevant, useful, accurate or satisfactory, (e) whether the advice of the Peer will be helpful, (f) whether the advice of the Peer will be responsive or relevant to the User’s question, or (g) whether the Peer’s advice will otherwise be suitable to the User’s needs. Prevail Health does not verify the skills, degrees, qualifications, credentials or background of any Peer. It is strongly recommended that the User independently verify the skills, degrees, qualifications, credentials and background of each Peer from whom he or she receives or contemplates to receive advice or services. The Prevail Platform may include bulletin boards or chat landing pages (“Prevail Health Boards”) which allow Users to post questions to Peers regarding various topics and allow Peers to volunteer answers to such questions. PREVAIL HEALTH DOES NOT WARRANT THE VALIDITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT OR PEER ADVICE PROVIDED AND PREVAIL HEALTH WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY USER DUE TO RELIANCE ON ANY SUCH INFORMATION OR ADVICE. All communications between Peers and Users are NOT encrypted and thus may be subject to unauthorized interception and monitoring. The Prevail Health Boards allow Users to post questions or service requests that can be viewed by all Users and Peers. Requests may be posted anonymously. All postings, descriptions, etc. on the Prevail Health Boards are public.

 

Prevail Health may elect, but is not required, to review a User’s personal profile and amend any typing or spelling errors. Prevail Health does not examine the validity or accuracy of the details in a User’s personal profile or in any of the User’s postings or transmissions. Without derogating from the above or any other term of these Terms of Use, Prevail Health may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the User and/or remove any content violating these Terms of Use. User will bear all the risks associated with the uploading and transmitting of material while utilizing the Prevail Health Services, including reliance on its accuracy, reliability or legality.

 

INFORMATION FURNISHED BY PEERS IS INTENDED FOR GENERAL INFORMATION PURPOSES ONLY. ANY CONSULTATION WITH A PEER VIA THE PREVAIL HEALTH PLATFORM CANNOT AND DOES NOT REPLACE A MEETING WITH A PROFESSIONAL, INCLUDING FOR MEDICAL OR MENTAL HEALTH TREATMENT. USER IS ENCOURAGED TO VERIFY THE INFORMATION FURNISHED BY PEERS. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE USER’S FULL AND SOLE RISK AND LIABILITY.

 

Prevail Health does not represent or warrant that software, content, or materials included in the Prevail Health Services are accurate, complete, reliable, current, or error-free or that any Prevail Health Service is free of viruses or other harmful components. You understand and agree that you download or otherwise obtain content, material, data or software from or through the Prevail Health Services, at your own discretion and risk and that you will be solely responsible for your use thereof and any damages, and any harm that may result, including but not limited to, damage to your computer or loss of data, images, photographic representations, and other visual elements (collectively, “Avatars”)) do not necessarily purport to correspond to any specific individual or Prevail Health employee or agent. Some usernames, Avatars, and profile information may constitute composite portrayals for illustration purposes or to protect identity.

 

Prevail Health makes no representation that materials on the Prevail Platform are appropriate or available for use in locations outside the United States. Prevail Health follows HIPAA procedures for collecting and protecting PHI and we make no representation that such procedures are compliant with the laws of countries outside the United States. Access to this site from countries or territories where such access is illegal is prohibited. Those who choose to access the Prevail Platform outside the United States do so on their own initiative and are responsible for compliance with local laws.

 

Submissions

 

User acknowledges and agrees that any questions, comments, suggestions, ideas, feedback, or other information about Prevail Health and/or the Prevail Health Services are voluntarily provided by you to Prevail Health, are non-confidential, and shall become the sole property of Prevail Health. Prevail Health shall own exclusive rights, including all intellectual property rights, to, and shall be entitled to the unrestricted use and dissemination of, these submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

 

Prevail Rewards Reward Program Terms and Conditions

 

PLEASE READ CAREFULLY. By participating in the Prevail Rewards Program, in addition to the other terms and conditions set forth in these Terms of Use, you agree to the following additional terms and conditions (these “Rewards Program Terms and Conditions”):

 

1. Overview of the Prevail Rewards Program

 

1. The Prevail Rewards Program (the “Rewards Program”) is a loyalty program sponsored by Prevail Health Solutions LLC., 1105 West Chicago Ave., Suite 202, Chicago IL 60642 (in this Rewards Program context, “Sponsor”) through which Users and/or Peers will be offered the opportunity to earn rewards points (“Rewards Points”) and rewards (“Rewards”) by performing various activities.

 

2. Once participants in the Rewards Program earn enough Rewards Points, they can redeem those points for gift cards or other gifts, subject to availability on a first come first served basis.

 

1. Eligibility Requirements

 

1. The Rewards Program is open to Users who are 18 years and older at the time of enrollment and otherwise not legally prohibited in participating in the Rewards Program. The Rewards Program is void where prohibited by law.

 

2. Participation in the Rewards Program constitutes the participant’s full and unconditional agreement to these Reward Program Terms and Conditions, the additional Prevail Health Terms of Use, the Privacy Policy, and our HIPAA Notice. Violation of such terms may result in termination of Users Account and/or forfeiture in any unredeemed Rewards Points.

 

1. Duration of Rewards Program

 

The current phase of the Rewards Program is ongoing, but the Sponsor reserves the right to shorten, extend, modify, suspend, or cancel the Program, at its discretion, at any time in accordance with Section H of these Reward Program Terms and Conditions. Sponsor will give a minimum of 30 days’ notice prior to canceling the Program. Participants can earn Rewards Points by the methods set forth in Section E below and will be able to redeem Rewards Points as set forth in Section F below. Rewards Points that have been unused for six (6) months (the participant’s “Redemption Period”) after the day upon which such points are earned will expire by their terms.

 

1. Enrolling in the Rewards Program

 

1. To enroll in the Rewards Program, you must meet the Eligibility Requirements in Section B of these Rewards Program Terms and Conditions, have access to one of our Rewards Program sites and are a User or Peer of the Prevail Websites in good standing (i.e., not in violation of these Terms and Conditions). Once you have verified that you meet these requirements, you may enroll in the Rewards Program by registering for a Prevail Health user Account. Once confirmed, participants will be enrolled into the Rewards Program (each, an “Enrollee”). A Rewards Account will be created for each Enrollee (“Rewards Account”). The number of Rewards Points earned by such Enrollee will be recorded and tracked in the Enrollee’s Rewards Account.

 

2. Limit: One (1) Rewards Account per person. The person who is the holder of the User or Peer account associated with the email address used to register for the Program will be deemed the Enrollee.

 

1. Earning Rewards Points and Other Rewards

 

Enrollees will earn Rewards Points or other rewards during the Reward Program Period (as defined in Section H below) by performing any of the following:

 

1. Completing system generated tasks
2. Answering questions on the Prevail Websites’s My Community community webpage iPrevail Community,VetsPrevail Community,WarriorsPrevail Community,MomsPrevail Community,StudentsPrevail Community
3. Instant message chatting with other Prevail Health Users or Peers
4. Exchanging system messages with other Prevail Health Users or Peers
5. Any other actions to earn points deemed appropriate by Sponsor from time to time, at the sole discretion of Sponsor

 

Earning points for all of the actions listed above will be contingent on successfully completing the task within these Reward Program Terms and Conditions. Prevail Health reserves the right, exercisable in its sole discretion, from time to time to change (including reducing) the ways in which an Enrollee may earn Reward Points (see Section F below).

 

1. Rewards Points Restrictions

 

1. Program Limit: The maximum number of Rewards Points an Enrollee can earn in any rolling 365-day period is 37,500.

 

2. Sponsor also reserves the right in its sole discretion to implement modifications to any term or condition of the Rewards Program (e.g., adding, removing or changing the number of Rewards Points awarded for actions, the actions that Enrollees can perform to earn Rewards Points, the applicable Redemption Period, minimum number of Reward Points required to be eligible for redemption for a Reward and/or maximum number of Reward Points an Enrollee can earn in a given period of time) at any time throughout the Reward Program Period (as defined below). Any modifications made to these Rewards Program Terms and Conditions that Prevail Health determines in its sole discretion are, on balance, more restrictive to an Enrollee than such terms and conditions in effect immediately prior to the effective date thereof shall have prospective effect as of and from the effective date on which these Reward Program Terms and Conditions are so modified to reflect such changes. Any changes Sponsor makes will be effective immediately on notice, which it may give either by posting to the Rewards Program pages of the Prevail Websites or via electronic mail. An Enrollee’s continued participation in the Rewards Program constitutes the Enrollee’s acceptance of any changes to these Rewards Program Terms and Conditions. Enrollees are responsible for remaining knowledgeable as to any changes that Sponsor may make to these Regards Program Terms and Conditions.

 

3. Enrollees may not combine or transfer their Rewards Points with other Enrollees’ Rewards Accounts. Enrollees may not sell, assign or otherwise transfer or perform any other action in any manner in violation or attempted subversion of these Rewards Program Terms and Conditions. Any attempt to combine or transfer Rewards Points will result in disqualification from the Rewards Program and forfeiture of all Rewards Points in any Enrollee’s Rewards Account who has participated in such attempted combination or transfer. Sponsor reserves the right to take any other or additional action it deems appropriate in its sole discretion in the event that Sponsor believes (in its sole discretion) that an Enrollee (or Enrollees) has violated this or any other provision of these Reward Program Terms and Conditions.

 

4. Enrollees are responsible for the payment of all taxes which may result from the Reward(s) received as part of the Rewards Program.

 

5. It may take up to 96 hours after Enrollees perform specific activities to earn their corresponding Rewards Points to appear in the Enrollee’s Rewards Account. An Enrollee needs to accrue 250 or more Rewards Points before the Rewards Points can be redeemed for any Reward. Any accumulated points less than 250 will be considered to have zero value.

 

6. Rewards Points are void if: (a) an Enrollee does not meet the eligibility criteria; (b) an Enrollee is not an Prevail Health User or Peer in good standing; (c) an Enrollee has not earned the Rewards Points in accordance with these Rewards Program Terms and Conditions and through legitimate channels; or (d) if the Rewards Points are counterfeit, altered, defective, tampered with or irregular in any way.

 

7. Each Enrollee is responsible for ensuring the accuracy of his/her Account and is encouraged to check his/her Rewards Account regularly.

 

8. If an Enrollee believes that Rewards Points were not properly accrued to his/her Rewards Account, the Enrollee must contact Prevail Health customer service through the “Help Desk” section of this website within 15 days of the day of the award date.

 

9. Sponsor’s decisions regarding the awarding of Rewards Points are final and binding. Earned Rewards Points that are subsequently determined to be invalid for any reason are subject to disqualification and will be removed from such Enrollee’s Rewards Account.

 

10. Enrollees may earn Rewards Points in the manner set forth above during the Rewards Program Period, unless extended or otherwise modified by Sponsor in its sole discretion.

 

1. Redeeming Rewards Points

 

1. Rewards Points earned through the Rewards Program can be redeemed for Rewards such as gift cards on the “My Rewards” Prevail Websites page. Sponsor reserves the right to modify the Rewards Points values, at any time for any reason during the Rewards Program Period. Enrollees are responsible for ensuring their Rewards Account information is accurate and up to date. All Rewards Points conversions are final.

 

2. Rewards Points that have been unused for six (6) months or more after the day upon which such points are earned will expire by their terms (see Section C above).

 

3. Enrollees must earn Rewards Points in the manner set forth above by the end of the Rewards Program Period, unless extended or otherwise modified by Sponsor in its sole discretion.

 

1. Modifications and Termination of the Rewards Program

 

1. See Section F.2. above regarding Sponsor’s right to modify any of the Rewards Program Terms and Conditions set forth herein.

 

2. Sponsor reserves the right, exercisable in its sole discretion, to shorten the duration (such duration, the “Rewards Program Period”) of or terminate the Rewards Program at any time, for any reason, even though termination may affect an Enrollee’s ability to accrue or use his/her Rewards Points. In the event of an early termination of the Rewards Program Period, Enrollees will have at least 30 days from the date Enrollees’ are notified of the Rewards Program’s termination to redeem their Rewards Points. Enrollees are responsible for remaining knowledgeable as to any changes that Sponsor may make to these Regards Program Terms and Conditions, including the early termination thereof.

 

General Terms and Conditions

 

1. Privacy. The Privacy Policy of the Prevail Websites (Privacy Policy) will apply to the Rewards Program and to all information that Prevail Health receives from a User’s or Peer’s registration in the Rewards Program. Please read Prevail Health’s Privacy Policy and HIPAA Notice before registering for the Rewards Program. Please note that by accepting the Rewards Program Terms and Conditions you are also accepting the terms of the Privacy Policy and HIPAA Notice. Participation in the Rewards Program constitutes your authorization to transfer an Prevail Health User’s or Peer’s personal data to the United States for purposes of administration of the Rewards Program.

 

2. Sponsor reserves the right to discontinue the participation privileges of any Enrollee who engages in any fraudulent activity or uses the Rewards Program in a manner inconsistent with these Rewards Program Terms and Conditions or any federal, municipal, provincial, state or local or international laws, statutes or ordinances. Discontinued participation privileges may result in the loss of all accumulated Rewards Points. In addition to discontinuance of participation privileges, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.

 

3. The Rewards Program is provided to individuals only. Corporations, associations or other groups may not participate in the Rewards Program. It is a violation of these Reward Program Terms and Conditions and fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single Rewards Account for the purpose of accumulating points for combined use.

 

4. Rewards Points may not be transferred or assigned, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law.

 

5. Sponsor is not responsible for any incorrect or inaccurate information supplied by Enrollees while participating in the Rewards Program.

 

6. All questions or disputes regarding eligibility for the Rewards Program, earning or redemption of Rewards Points, or an Enrollee’s compliance with these Rewards Program Terms and Conditions will be resolved by Sponsor in its sole discretion.

 

1. Limitation of Liability

 

1. Sponsor is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Rewards Program or utilized by the Enrollee, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Prevail websites or online service, or for any other technical or non-technical error or malfunction. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PREVAIL HEALTH SOLUTIONS LLC, ITS RELATED COMPANIES, PARENTS, SUBSIDIARIES, AFFILIATES, AND AGENTS AND THEIR AGENCIES, SUPPLIERS AND OTHER COMPANIES INVOLVED IN THE DEVELOPMENT OR EXECUTION OF THE REWARDS PROGRAM (“RELEASEES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE REWARDS PROGRAM OR MERCHANDISE OR ITEMS OFFERED THROUGH THE REWARDS PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF SPONSOR IMPROPERLY DENIES AN ENROLLEE ANY REWARDS POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF REWARDS POINTS. BY PARTICIPATING IN THE REWARDS PROGRAM, AN ENROLLEE WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. THE SPONSOR, ITS JOINT VENTURES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PROMOTION AGENCIES, AGENTS, SUCCESSORS, ASSIGNS, AND SERVICE PROVIDERS, ARE NOT RESPONSIBLE FOR ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE RELEASEES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED BY ANY OF THE RELEASEES OR ANY THIRD PARTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to any particular Enrollee. Reward Program Enrollees agree to rely solely on the manufacturer’s warranties, if any, for any products redeemed through such Program.

 

2. As a condition of participating in the Rewards Program, Enrollee agrees that (a) any and all disputes, claims, and causes of action arising out of or connected with the Rewards Program, or any Rewards obtained through the Rewards Program, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and rewards shall be limited to actual, reasonable and reasonably substantiated out-of-pocket costs incurred, including costs associated with participating in the Rewards Program, but in no event attorneys’ fees; and (3) under no circumstances will Enrollee be permitted to seek recovery for, and Enrollee hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual, reasonable and reasonably substantiated out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased.

 

3. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rewards Program Terms and Conditions, or the rights and obligations of any Enrollee and the Sponsor in connection with the Rewards Program, shall be governed by, and construed in accordance with, the laws of the State of Illinois U.S.A., without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Illinois U.S.A., or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Illinois U.S.A. By participating in the Rewards Program, Enrollee hereby irrevocably and unconditionally (a) consents to submit to the exclusive jurisdiction of the courts of the State of Illinois, Cook County, and of the United States of America located in the Northern District of Illinois for any action, suit or proceeding arising out of or relating to Enrollee’s participation in the Rewards Program (and Enrollee hereby irrevocably and unconditionally agree not to commence any such action, suit, or proceeding except in such courts), (b) waives any objection to the laying of venue of any such action, suit or proceeding in any such courts and (c) waives and agrees not to plead or claim that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum.

 

4. These Rewards Program Terms and Conditions constitute the entire agreement between Program participants and Sponsor pertaining to the Rewards Program and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written, with respect thereto. No waiver of any of the provisions of these Rewards Program Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall a waiver constitute a continuing waiver unless otherwise expressly provided.

 

5. If any provision of these Rewards Program Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Rewards Program Terms and Conditions, which will otherwise remain in full force and effect.

 

6. Nothing in these Rewards Program Terms and Conditions shall be deemed to exclude or restrict any of an Enrollee’s statutory rights as a consumer.

 

Cancellation of Account

 

If a User or Peer decides to discontinue his or her use of any Prevail Health Service and would like to cancel his/her registration, he/she must email help@prevailhealth.com, include his/her name and request a cancellation of Account. Peers who cancel their registration of Accounts hereunder may nonetheless continue to be subject to other terms and conditions between such Peer and Prevail Health.

 

Contact

 

Prevail Health Solutions LLC

 

help@prevailhealth.com

 

Entire Agreement

 

These Terms of Use, including the Rewards Program Terms and Conditions, Privacy Policy, and HIPAA Notice constitute the entire agreement between each User and Prevail Health regarding the use of the Prevail Health Services, including the use of the Prevail Websites. For the avoidance of doubt, a Peer may be subject to terms and conditions between such Peer and Prevail Health in addition to these Terms of Use. The failure of Prevail Health to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions hereof.