This Site is not intended for the use of minors. You must be at least 18 years old to access the Site or to use any of our products or services through the Site. By using the Site you represent that you are at least 18 years old and are otherwise authorized to access the Site.
Selection of Screen Name
Certain collaborative or public areas of the site, including but not limited to "blog," "leader boards," or "health games" ("Public Areas") will require you to select a screen name for participation. Your screen name will be viewable by third parties within these Public Areas. In addition, any User Content that you post under your screen name will be associated with your screen name. Alere may utilize software to prevent users from utilizing real last names when creating a screen name. However, you agree that it is your responsibility to create a screen name that you are comfortable will be viewed by third party users on the Public Areas of the site. You also agree that you will not select a screen name in an attempt to impersonate someone else. Alere reserves the right to reject or or require modification to any screen name in its sole discretion.
When using the Public Areas of the Site you may upload, post, or submit photographs, text, graphics, video, audio, and other materials and information in such Public Areas (collectively, "User Content"). The User Content remains your property, and Alere does not claim any ownership of the copyright or other proprietary rights in such information and User Content. Notwithstanding the foregoing, you agree that: (i) you are publishing and making your User Content publicly available for viewing by third parties on a non-confidential basis, that your User Content may be associated with your Site username, and that accordingly your User Content will be attributable to you, that third parties will gain access to your User Content through the Site, and Alere shall in no event be liable to you for any use or misuse of your User Content by any third party; (ii) you grant Alere a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable license, with right to sublicense through multiple tiers, to copy, edit, modify, use, publish, distribute, prepare derivative works, publicly perform, publicly display and otherwise use the User Content; (iii) you represent and warrant that you own all proprietary rights in your User Content or, with respect to any User Content you do not own, you have the full authority and right to post the User Content and to grant the licenses granted hereunder, and that your posting of the User Content, and the exercise by Alere and Users of the license rights granted by you shall not infringe any third party intellectual property rights, nor violate any rights of privacy or publicity, nor be defamatory, libelous, vulgar, profane or obscene, nor violate any law or other right, privilege or interest of any third party; and (iv) if any royalties are payable to any third party for use of User Content posted by you in accordance with the licenses granted by you in this Agreement, you shall be responsible for and pay such royalties.
Alere merely distributes User Content and does not control it. Any opinions, advice, statements, services, offers or other content included within User Content are those of the respective authors or distributors, and not Alere, and Alere is not responsible for the accuracy or reliability of User Content. Alere is under no obligation to edit or control User Content that you and other users post or distribute (although Alere reserves the right to do so), and Alere will not be in any way responsible or liable for User Content. You access and use User Content at your own risk, and Alere shall not be liable for any loss or damage that any person may suffer as a result of using the Site or using or relying on the User Content. Users should exercise caution in interacting with unknown persons that they meet using the Site.
We rely on the information provided by you in order to supply you with the most appropriate information and services. Therefore, the information you provide to us should be accurate, current, and complete. You should promptly provide any updates or corrections necessary to keep such information accurate, current, and complete at all times. If you do not provide accurate, current, and complete information, the services we provide to you may not be effective. When posting User Content to Public Areas of the Site.You may not impersonate another person or entity, and you may not use the Site to harass or stalk another user. You agree that you will not use the Site or post User Content to disperse chain letters, junk mail, "spamming" solicitations (commercial or otherwise) or bulk communications of any kind. Also, you agree that you will not use theSite or post User Content in Public Areasin any way that is inconsistent with any applicable local, state, federal, or internationallaw or regulation. You agree that, except as otherwise permitted by this Agreement, you will not harvest or otherwise collect information about others, including email addresses, without their consent. You agree not to post any User Content that contains an endorsement, advertising or promotional material or that constitutes commercial activity of any sort. You agree not to engage in any conduct that interferes with the Site or that restricts or inhibits any other person from using or enjoying any User Content, or the Site, or which, in Alere's sole judgment, exposes Alere or any of their officers, directors, employees or agents to any liability or detriment of any type.If we become aware of any violation of these conditions, we reserve the right to terminate your access to the Site without further notice or warning.
You shall not submit, post, upload to, distribute through or otherwise use in connection with the Site any User Content that: (i) is libelous, vulgar, defamatory, threatening, abusive, scandalous, obscene, pornographic or unlawful or that encourages a criminal offense; (ii) contains material from other copyrighted works without the written consent of the owner of such copyrighted material, other than reasonable excerpts permitted under the copyright doctrine of fair use; (iii) infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party; (iv) contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the material's readers or others; (v) promotes any goods or services of any competitors to Alere; or (vi) contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
Alere has no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.
Reporting Offensive User Content
In the event that you encounter User Content or user screen names that you believe is offensive, abusive, illegal, or disruptive, or that you believe otherwise fails to confirm to the terms and conditions of this Agreement, you may report such User Content or user screen names by email to Alere customer care at: email@example.com
Information and Content You Submit
In addition, if you make Submissions in connection with any of our contests or promotions, unless you otherwise notify us in writing, you permit us to identify you as the contributor of such Submissions and to otherwise abide by the rules of the contest or promotions.
Your Submissions regarding the Site are welcome. However please understand all Submissions regarding the Site or our services, including suggestions or ideas for how to improve the Site or our services, will be treated as non-confidential, and shall become the property of Alere. You hereby agree that by sending Submissions to us in connection with our contests or promotions, you automatically and irrevocably assign to Alere any and all rights (whether now known or that may arise in the future) to such Submissions, and Alere shall exclusively own all such rights, including the unrestricted right to use and modify such Submissions for any purpose, with no obligation to you, economic or otherwise. This provision is necessary to avoid future misunderstandings in the event that projects developed by our professional staff might seem to others to be similar to their own creative work.
Alere complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. § 512, as amended). If you are concerned that any material posted on the Site may violate your copyrights, you may contact our Designated Agent at the following address:
Alere Health Improvement Company
3200 Windy Hill Road, Suite B-100
Atlanta, GA, 30339
Any notice alleging that materials on the Site infringe intellectual property rights must include the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of the material that you claim is infringing and where it is located on the Site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the use of the materials on the Site of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If material that you have posted to the Site has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. § 512(g). To be effective, the counter notice must be a written communication sent to the Designated Agent address listed above that includes the following:
(g) a physical or electronic signature of the subscriber;
(h) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(i) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(j) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Alere may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
The Information Available Through the Site Is Not a Substitute for Professional Advice
The services and information that we provide on or through the Site are not substitutes for and do not replace the services of trained professionals in their fields of expertise, including, without limitation, with respect to financial, health and medical, or legal matters. We recommend consulting with a health care professional on a regular basis with respect to any matter relating to physical or mental health, especially concerning symptoms that may require diagnosis or medical attention. Neither Alere nor any of its affiliates, licensors, vendors, suppliers, or third party sponsors (if you receive access to this Site through a corporate sponsor such as your employer and/or health plan) make any representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information provided on or through the Site. Please refer to the "Disclaimer" provision below for additional information.
Certain tools and trackers may be available to you through the Site. The accuracy and efficacy of these tools and trackers are dependent on the information you enter being true and correct. Please update your profile if any of your information changes to ensure that the tools and trackers work properly. We strongly recommend that you consult with an appropriate health care professional about any safety or medical questions you might have before starting or terminating any treatment or program. We encourage you not to begin any exercise or diet program without first consulting a health care professional. In particular, if any of the following apply to you, we require that you seek medical supervision before beginning a new exercise program: (i) A healthcare professional has ever told you that you have heart problems; (ii) A healthcare professional has ever told you that you have high blood pressure; (iii) A healthcare professional has ever told you that you have a bone or joint problem, such as arthritis, that has been or could be aggravated by exercise; (iv) You have a serious chronic disease such as congestive heart failure or diabetes, or you are at high risk for any chronic disease - for example, you smoke or have a family history of heart disease or diabetes, or you exceed your optimal weight by more than 20%; (v) You have had a heart attack; (vi) You occasionally suffer from chest pains; (vii) You occasionally feel faint or have dizzy spells; (viii) You are over age 65; (ix) You are taking prescription medications, such as those for high blood pressure; or (x) You have a good medical reason, not mentioned here, why you should not exercise. Finally, if you are a man over 40, or a woman over 50, and none of the above apply to you, you should still see a health care professional if you intend to start engaging in vigorous exercise.
Tools such as the Meal Planner and the Diet Manager, which you may have access to through the Site, provide information and recommended meal plans based on your personal profile. These tools are not intended to replace the advice of a health care professional and are not recommended for individuals with certain chronic health conditions. This includes individuals who have had bariatric surgery; those recently diagnosed with diabetes or those who take insulin for diabetes; and those with chronic digestive diseases, eating disorders, renal disease, and other conditions.
Consult with an appropriate health care professional before using these tools if you are over the age of 80, pregnant, lactating, need to lose more than 30 pounds, or are on a special diet prescribed by your health care professional. Do not use these tools to lose greater than two pounds per week. You may download or print a copy of any information provided to you as part of the Meal Planner or the Diet Manager. This information is provided for your personal use only. Any other use in downloading or printing a copy of any information obtained through the Meal Planner or the Diet Manager is expressly prohibited.
We may deny you access to the Meal Planner, the Diet Manager, or any other tools or content at any time for any reason at our sole discretion.
Content, Products and Services
Third-Party Web Sites and Links to the Site
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on the Site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Password and Security
You will select a password and user ID during the registration process, which you must use to access the Site. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose. You are responsible for maintaining the confidentiality of your password and user ID. You are fully responsible for all activities that occur under your password or user ID. You will (a) immediately notify us of any unauthorized use of your password or user ID or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
License to Use The Site
The materials used in or displayed on the Site, including but not limited to text, software, photographs, graphics, illustrations, artwork, video, music, sound, names, logos, trademarks, service marks, and all other materials, including any copyright, trademark, or other intellectual property rights in or to any of the foregoing are the property of Alere or its affiliates or licensors and are protected by copyright, trademark, and other applicable laws. Alere grants you a non-exclusive, non-assignable, and non-transferable license to display such content only for personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, republish, rebroadcast, link to, or circulate any such content except where Alere or its appropriate affiliate has given you its prior written permission. Modification of such content or use of such content for any other purpose is a violation of any applicable copyright or other proprietary rights. The use of any such content on any other web site or networked computer environment is prohibited.
Unauthorized access to registered areas of the Site by non-registered users is prohibited.
THIS SITE AND ANY INFORMATION, SERVICES, PRODUCTS, CONTENT OR OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY, EXPRESS OR IMPLIED, FROM ALERE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALERE, ITS LICENSORS, THIRD-PARTY CONTENT PROVIDERS, AND THIRD-PARTY SERVICE PROVIDERS INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ANY PARENT COMPANIES, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, AND SUBSIDIARIES (COLLECTIVELY, THE "ALERE ENTITIES") DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE AND SUCH INFORMATION, SERVICES, PRODUCTS, CONTENT AND OTHER MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, ANY WARRANTIES REGARDING THE SECRUTIY OF THE SITE OR THE INFORMATION YOU PROVIDE TO US WHILE ON THE SITE, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, THE ALERE ENTITIES DISCLAIM ANY REPRESENTATION OR WARRANTY THAT ANY INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. PRICE AND AVAILABILITY INFORMATION FOR ANY PRODUCT OR SERVICE PROVIDED THROUGH THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
THE ALERE ENTITIES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT POSTED ON THE SITE. THE PROGRAMS ARE EDUCATIONAL AND INFORMATIONAL TOOLS ONLY AND DO NOT CONSTITUTE MEDICAL ADVICE OR CLINICAL SERVICES. HEALTH INFORMATION PROVIDED BY ANY OF THE ALERE ENTITIES OR THEIR AFFILIATES IS BASED ON MEDICAL LITERATURE. HOWEVER, USE OF SUCH INFORMATION IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE AND CARE FROM A HEALTH CARE PROFESSIONAL. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE ALERE ENTITIES ARE NOT RESPONSIBLE FOR THE RESULTS OF YOUR USE OF SUCH INFORMATION, INCLUDING, BUT NOT LIMITED TO, CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT. YOU ARE RESPONSIBLE FOR SEEKING AND OBTAINING HEALTH CARE SERVICES FROM QUALIFIED MEDICAL PROFESSIONALS, AND SHOULD ALWAYS CONSULT WITH YOUR HEALTH CARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH. ALERE IS NOT RESPONSIBLE FOR FINDING OR RECOMMENDING HEALTH CARE PROFESSIONAL OR OTHER PROVIDERS OF CARE, TO YOU. THE FOREGOING DISCLAIMER PARAGRAPHS SHALL APPLY TO THE ALERE ENTITIES AS WELL AS TO ANY THIRD PARTY SPONSOR THROUGH WHICH YOU ARE AFFORDED ACCESS TO THE SITE, SUCH AS YOUR EMPLOYER AND/OR HEALTH PLAN.
LIMITATION OF LIABILITY
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Upon our request, you agree to defend, indemnify, and hold us, our affiliates, employees, contractors, officers, directors, co-branders, vendors, content providers, any third party sponsor such as your Employer and/or Health Plan, and the Alere Entities harmless from any dispute, loss, claim, damages, or expense (including reasonable attorneys' fees and court costs) which may arise from or relate to your breach of any of the terms and conditions of this Agreement or which may arise from or relate to any information, software, files, messages or other content placed on our Site by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In the event that we assume the exclusive defense and control of such a matter, you shall have no further obligation to provide indemnification to us in that matter.
Trademarks and Service Marks
ALERE HEALTH IMPROVEMENT COMPANY ℠ and ALERE® are marks of Inverness Medical Innovations. Any other service marks or trademarks appearing on the Site are service marks or trademarks of their respective owners. You shall not display, disparage, dilute, or taint our marks or use any confusingly similar marks or use our marks in such a way that would misrepresent who the proper owner of such marks is. Any permitted use of our marks by you shall inure to our benefit.
Alere reserves the right to terminate your access to the Site at any time, without notice.
This Agreement and any disputes arising out of or related to the Site shall be governed by, and construed and enforced in accordance with, the laws of the State of Georgia, without regard to its choice of law rules.
Changes to the Agreement
Alere reserves the right to make changes to this Agreement at any time by posting our new Agreement on the Site. To the extent we make material changes to the Agreement, we will list those sections to which the material changes were made below. Modifications to the Agreement shall be effective when they are posted on this Site, in which case posting shall constitute notice to you. Your continued use of the Site following the posting of any such modifications on the Site constitutes your acceptance and agreement to be bound by such modifications. We encourage you to check the Site regularly to see if we have made any modifications to this Agreement.
a) Selection of Screen Name
b) User Content
c) Reporting Offensive User Content
In addition, we have made material changes to the following sections of the Agreement since the last version:
a) Your Conduct
b) Information and Content You Submit
c) Unsolicited Submission
d) Copyright Agent
Any questions or comments can be directed to firstname.lastname@example.org. A customer care representative will respond to your message within one business day.
Last Reviewed May 2012