The RealAppeal.com website and the Real Appeal mobile app are owned and operated by Real Appeal, Inc. and its affiliates (collectively "REAL APPEAL" or "we"). Through the RealAppeal.com website and the Real Appeal mobile app (together, this "Platform") REAL APPEAL provides an online weight loss program on behalf of participating health plans to members of such plans, which program includes services and health tools such as online wellness coaching, the ability to track your weight and weight loss goals, the ability to track what you eat, drink, and your physical activity, an online team, achievements, and other services and tools used in a weight loss program (the "REAL APPEAL Program").

Your use of this Platform and its Content (as defined below) is expressly subject to these Terms of Use which, together with our Privacy Policy, constitutes a legally binding agreement between each user of this Platform ("you") and REAL APPEAL. If you enter into any other agreement with REAL APPEAL (for example regarding health plan coverage), then these Terms of Use are in addition to the terms of such other agreement. PLEASE READ CAREFULLY.  BY USING THIS PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY.  

IMPORTANT NOTICES AND DISCLAIMERS
Certain Defined Terms

As used herein:

 

Changes to These Terms of Use

We may make changes to these Terms of Use from time to time. We will provide you with notice if the changes are material and, where required by applicable law, we will obtain your consent. Unless expressly otherwise agreed, all material changes will apply prospectively only. If you have provided your email address to us or have an active account on this Platform, we may notify you of material changes via email and/or may ask you to affirmatively consent to the changes (e.g., by checking a box or clicking a button) at the time of your next account login on this Platform. By continuing to use this Platform after such notice and/or consent, you are bound by these Terms of Use as modified.

Changes to this Platform

We may change, add or remove some or all of the Content on this Platform at any time. In addition, please note that although our goal is to provide accurate information, certain features that may be offered through this Platform, such as participating healthcare providers, pricing information or other Content, may not be accurate or up to date. In addition, please note that features of any plan or plans described in this Platform may change over time as permitted by law, including benefit levels, items included in any formulary, pricing or lists of participating providers or other associated vendors.

Children and Minors

This Platform and the REAL APPEAL Program are not intended for or directed to anyone under the age of 18. By using this Platform, you warrant that you are at least 18 years of age.

Electronic Communications

When you use this Platform or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, by posting notices on this Platform, or through your account on this Platform. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Consent to Monitoring
By using this Platform, you acknowledge and agree that any activity on this Platform is subject to monitoring by REAL APPEAL at any time, and that REAL APPEAL may use the results of such monitoring without limitation, subject to applicable law.

Accounts and Passwords

By creating an account on this Platform, you represent and warrant that all registration information you submit to us is your own information and is truthful and accurate. It is your responsibility to notify us of any changes in your account information, including your contact information. As an account holder, you are responsible for safeguarding your account access information and are responsible for all use of your username and/or password and must keep these details secure. You are also responsible for logging out of your account after you use the Platform in order to prevent third parties from accessing your account information. If you allow others to use your account, you are responsible for all their activities on your account. By using the Real Appeal app, you agree that once you log into the app, you will remain logged in, unless and until you log out.

Partner Site Single Sign-on Integration

If you elected to utilize Single Sign-on by connecting your Real Appeal login to your account with one of our partners, you authorize us to securely exchange authentication information with our Partner as to verify your login credentials and allow you to automatically login to our site without the need to login again when you follow a link from our partner site to our site. You also authorize us to receive your profile and health insurance information from our partner to faciliate the enrollment process in our system if you follow a link from our Partner site and proceed to register with us for the first time.  Furthermore, you authorize us to share login information with our Partner as reasonably required to track the number of registrations and referrals made to Real Appeal by our partner.

Restrictions on Use of This Platform

You agree:

REAL APPEAL Content

All REAL APPEAL Content belongs to REAL APPEAL and Related Parties and is protected by U.S. and foreign copyright, trademark and other intellectual property laws. Subject to these Terms of Use, REAL APPEAL grants to you a personal, non-transferable, non-sub-licensable, non-exclusive, revocable, limited license to use this Platform and REAL APPEAL Content solely for your personal, lawful and noncommercial use in accordance with these Terms of Use and all applicable laws and regulations. REAL APPEAL and Related Parties reserve all rights not expressly granted herein. REAL APPEAL may terminate this license at any time for any reason. If you breach any of these Terms of Use, this license will terminate immediately. Upon any termination of this license you must stop using this Platform and all REAL APPEAL Content and must return or destroy all copies, including electronic copies, of REAL APPEAL Content in your possession or control.

User Content

Certain portions of this Platform may be configured to permit users to post User Content. Any view or opinion expressed in User Content represents only that of the user and not REAL APPEAL.  User Content posted by other users is no substitute for your own research and should not be relied upon for any purpose.

You agree not to post any User Content:

By submitting User Content to this Platform (whether your submission is solicited or unsolicited), you acknowledge and agree to all of the following:

Right to Remove User Content

REAL APPEAL reserves the right at any time, but with no obligation, to remove, take down, block, disable or deny access to any User Content which REAL APPEAL determines, in its sole judgment, violates these Terms of Use or any applicable law or regulation, or may expose or subject REAL APPEAL to liability of any kind, or may adversely affect the reputation or goodwill of REAL APPEAL. REAL APPEAL assumes no responsibility for monitoring this Platform for inappropriate User Content or conduct. If at any time REAL APPEAL elects to monitor this Platform, REAL APPEAL nonetheless assumes no responsibility for User Content, assumes no obligation to modify or remove any inappropriate User Content, and assume no responsibility for the conduct of any user.

 

Compliance with the Digital Millennium Copyright Act

In compliance with the Digital Millennium Copyright Act (Title 17, United States Code) ("DMCA"), REAL APPEAL will respond to proper notifications of claimed copyright infringement with respect to User Content, and will take appropriate action including expediently removing and disabling access to the allegedly infringing User Content. REAL APPEAL also has a policy of terminating, in appropriate circumstances, the accounts of registered users on this Platform who are determined to be repeat infringer's.

Designated Agent: In compliance with the DMCA, the following is REAL APPEAL's Designated Agent to receive notifications of claimed copyright infringement by User Content on this Platform:

Notice of Claimed Copyright Infringement: If you believe that your copyright has been infringed or violated by any User Content found on this Platform, please notify the Designated Agent listed above in writing and provide the following requisite information:


Counter-Notification to Claimed Copyright Infringement: Under the DMCA, if a notice of copyright infringement has been filed against User Content submitted by you on this Platform, you may make a counter-notification with the Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:

 

If REAL APPEAL receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA. Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.

Links to Third-Party Websites

This Platform may provide links to third-party websites (the "Linked Sites") that may be useful or interesting to you. The Linked Sites are not owned, controlled or operated by REAL APPEAL. REAL APPEAL has no control over and does not endorse, and assumes no responsibility or liability for, the Linked Sites or their content or for any of your dealings with them or for any loss or damage that may arise from your use of them. You are solely responsible for your dealings with the Linked Sites. Your use of the Linked Sites will be subject to the terms and conditions and privacy policies of those sites, which may substantially differ from those of REAL APPEAL. We urge you to read the terms and conditions and privacy policies of the Linked Sites prior to using them.

Linking to this Platform

You may link to this Platform, but subject to the following conditions:

Disclaimer of Warranties

EXCEPT AS EXPRESSLY OTHERWISE SPECIFIED BY REAL APPEAL AND Except where prohibited by applicable law:

SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  BUT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL WARRANTIES.

Limitations of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

User Indemnity

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS REAL APPEAL AND RELATED PARTIES  FOR AND FROM ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING OUT OF OR RELATED TO: (I) YOUR USE OF (OR INABILITY TO USE) OR RELIANCE UPON THIS PLATFORM OR ITS CONTENT; (II) ANY USER CONTENT SUBMITTED BY YOU; (III) YOUR VIOLATION OF ANY OF THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION; AND/OR (IV) YOUR PARTICIPATION IN THE REAL APPEAL PROGRAM.

International Use

REAL APPEAL operates and provides this Platform and the REAL APPEAL Program in and from the United States of America. This Platform and its Content and the REAL APPEAL Program are intended for a United States audience, and REAL APPEAL does not represent or warrant that this Platform or its Content or the REAL APPEAL Program is appropriate or available for use in locations outside the United States of America. If you live outside the United States of America, you may see information on this Platform about products, services or therapies that are not available or not authorized in your country. If you access this Platform from outside the United States of America, you acknowledge and agree that you do so of your own initiative and that you are solely responsible for complying with local laws in your country.

Governing Law; Limitation on Action

The laws of the State of California govern these Terms and any cause of action arising out of or related to your use of this Platform or its Content or your participation in the REAL APPEAL Program, without reference to its choice-of-law principles. You agree that the only proper jurisdiction and venue for any dispute with REAL APPEAL, or in any way relating to your use of this Platform, is in the state and federal courts in the State of California, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving REAL APPEAL or its employees, officers, directors, agents and providers. Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this Platform, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one (1) year after the claim has arisen, or you will be barred from pursuing any cause of action.

Miscellaneous

If any provision contained in these Terms of Use is held by any court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be deemed modified in such manner as to render such provision valid, legal, and enforceable to the fullest extent permitted by law in such jurisdiction, and the remaining provisions contained in these Terms of Use shall not be affected and shall remain in full force and effect. A failure by REAL APPEAL to exercise or enforce any right or provision under these Terms of Use will not constitute a waiver of the right or provision. Any waiver of any provision under these Terms of Use will only be effective if it is in writing and signed by REAL APPEAL. You may not transfer or assign any rights or obligations under this Agreement. REAL APPEAL may transfer or assign its rights and obligations under this Agreement.

Contact Us

If you have questions regarding this Platform or the REAL APPEAL Program or these Terms of Use, please contact us at: