We offer several Numera Services and sometimes additional terms may apply.
2. General Disclaimer - Information Contained in Numera Services Is Not Medical Advice
Any content created for, or included in, Numera Services is for the purpose of providing information only. It is not intended as the practice of medicine or the provision of medical care or services, nor is it intended to provide individualized medical or nutritional services. Numera Services does not provide medical advice.
Although we believe the information included as part of Numera Services to be accurate at the time it is first provided, because medical information changes rapidly, Numera makes no representation, express or implied, as to the accuracy, completeness or timeliness of the information. The content provided is not meant to be a substitute for medical advice, diagnosis or treatment, or for the individualized advice of a healthcare provider. Always consult your provider or other healthcare professional with any question regarding any medical or mental health condition, or before altering or undertaking any exercise or nutritional program or before taking any supplement.
You should not rely on any medical or nutritional information contained in Numera Services for help in emergency situations. Always consult your provider or other healthcare professional with any question regarding any medical or mental health condition, or for specific guidance regarding nutrition or physical activity.
4. Your Account & Obligations
In order to provide you with ease of access to your account and to help administer the Numera Services, Numera implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Numera Services.
With respect to your account, you agree to provide true, accurate, current, and complete information about yourself (including in the case where a health program administrator created your account for you, or you logged in with your Facebook credentials or through those of other third party providers). It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. You are responsible for maintaining the confidentiality of your account and credentials and restricting access to your computer and/or Numera device, and you agree to accept responsibility for all activities that occur under your account and credentials. You agree to immediately notify firstname.lastname@example.org or dial 1.888.253.5001 in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password, or (iii) you become aware of any breach of security that might affect Numera Services.
Additionally, if you are an administrator responsible for creating user IDs for your institution, you agree on behalf of your institution that you personally and your institution are liable for any and all of these additional IDs and passwords.
Numera does not sell Numera Services to children. If you are under 18, you may use the Numera Services only with involvement of a parent or guardian.
You agree to use Numera Services only for lawful purposes. Any conduct by you that, in our sole discretion, restricts, inhibits, or interferes with the ability of any other user to enjoy Numera Services will not be tolerated, including by means of hacking or defacing any portion of this Site, or by engaging in spamming, flooding, or other disruptive activities. You are strictly prohibited from communicating on or through Numera Services any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. We reserve the right to terminate or suspend your access to and use of Numera Services without notice, if we believe, in our sole discretion, that it is in violation of any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third party partners, affiliates, sponsors, providers, licensors, or merchants.
5. Termination of Services
Termination of your Numera account may include, at Numera's sole discretion, (i) removal of access to all offerings within Numera Services, (ii) deletion of your user name and password and all email, information, files and content associated therewith, and (iii) barring further use of Numera Services.
You also agree that Numera shall not be liable to you or any third-party for any termination of your access to Numera Services. Upon termination, Numera will have no further obligation or responsibility to you with respect to Numera Services, and you will have no further obligation or responsibility to Numera with respect to Numera Services, other than any liability, responsibility, or obligation of either party existing or arising prior to the effective date of such termination.
6. Disclaimer of Warranties and Limitation of Liability
THE NUMERA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NUMERA SERVICES ARE PROVIDED BY NUMERA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NUMERA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE NUMERA SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NUMERA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF NUMERA SERVICES IS AT YOUR SOLE RISK TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW. NUMERA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NUMERA 1511 3rd Avenue, Suite 808 | Seattle, WA 98101 | 800.233.4323 | www.numera.com DOES NOT WARRANT THAT THE NUMERA SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NUMERA SERVICES, OR ELECTRONIC COMMUNICATIONS SENT FROM NUMERA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NUMERA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY NUMERA SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY NUMERA SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN 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.
9. Jurisdictional Issues and Dispute Resolution
Waiver of Jury Trial and Class Actions
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
13. Entire Agreement
THIS CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND NUMERA WITH RESPECT TO NUMERA SERVICES.
14. Intellectual Property Protection
The trademarks, service marks, trade names, trade dress, patents and copyrights featured on Numera Services are owned by Numera and protected by United States and international trademark laws. You agree not to use or display trademarks without the prior written consent of Numera or the owner of such mark.