Welcome to the ActiveFit® program website (the “Website”). As a participant of the ActiveFit program, please keep the following guidelines in mind:

  • Some physical activity programs may not be appropriate for individuals who have certain medical or other health conditions. In addition, you may not be aware of a medical condition from which you suffer. Please seek medical advice from a physician prior to participating in any physical activity program.

  • Any information provided on the Website is not intended to be, and should not be considered to be, the practice of medical or health related counselling or care.

The Website is administered by Advanta Health Solutions (the “Administrator”). The following document is the Administrator’s “Terms and Conditions of Use”, which explain how you may use the Website and its related tools, content, images, products or services.

Terms and Conditions of Use

Please read these terms carefully and be aware that by using the Website, you agree that you have read the terms and that you accept and consent to the terms described. If you do not agree to be bound by these terms and conditions, you may not access or use this Website.

The Administrator may change the Terms and Conditions of Use at any time. So you will need to check the most current version periodically by clicking on the “Terms & Conditions” link at the bottom of the Website. By using this Website after a new version of the Terms and Conditions of Use has been posted, you agree that you accept the new terms.

Administrator’s Privacy Policy

Administrator’s Privacy Policy explains how Administrator collects, uses, shares, and protects your personal information when you visit the Website. By accessing and using the Website, you agree that you have read Administrator’s Privacy Policy and that you accept and consent to the privacy practices described. You can review the Privacy Policy by clicking on the link at the bottom of the Website.

Changes to the Website

The Administrator may discontinue or change any service or feature on the Website at any time without notice.

Not Intended for Minors

This Website is not designed or intended for use by minors. Minors under the age of 18 years old are not permitted to register for an account on the Website.

User Password and Information

You will select a password and user I.D. during the registration process. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose, including use of the Website by any minor under the age of 18 years old in your household or otherwise. You are responsible for maintaining the confidentiality and security of any password(s) used to access this Website. You are also responsible for all activity that occurs under your password and should immediately notify Administrator of any unauthorized use of your password. You must also ensure that you exit from your account at the end of each session. In addition, you must provide Administrator with accurate, true, current, and complete information about yourself, and you must promptly provide any updates necessary to keep such information accurate, true, current and complete at all times. You may not impersonate another person or entity, and you may not use the Website to harass or stalk another user. You agree that you will not use the Website for chain letters, junk mail, spamming solicitations (commercial or otherwise) or bulk communication of any kind. Administrator cannot and will not be liable for any loss or damages arising from or relating to your failure to comply with any of the obligations in this paragraph.

Administrator has the right, at any time, to immediately terminate, deactivate or delete a password, user account, all related information and files and/or access to this Website or any part of this Website, without any notice or incurrence of liability. This termination may occur for any reason, including, but not limited to failure to abide by these Terms and Conditions of Use, or any applicable law regarding the use of this Website and various products or services provided on this Website.

Administrator’s Proprietary Rights

The Website is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. Title to the Website and its content remains with Administrator or its licensors. If you use the Website in a way that is not permitted by these Terms and Conditions of Use, you may be violating copyright, trademark, and other laws. All rights not expressly granted herein are reserved for Administrator and its licensors.

License to Use The Website

You may download a single copy of material from the Website for your own personal, non- commercial use, provided that you do not remove any trademark, copyright or other notice from the material. You may not make any other use or distribution of content from the Website.

Your Employer or Plan

If you are accessing the Website through your employer’s, your health plan sponsor’s or your health plan’s website, that organization may have a separate registration process in addition to Administrator’s registration process. Administrator encourages you to read their privacy policy or other disclosure statement, which may include a description of their business practices about collection and use of your personal information.

Third Party Websites

The Website may contain links to other third party websites. The third party websites are not under Administrator’s control and Administrator is not responsible for the content, links or any changes or updates to these websites. In addition, Administrator is not responsible for webcasting or any other form of transmission received from any third party websites.

Administrator provides these links to you only as a convenience, and the inclusion of any link does not imply that Administrator endorses the third party websites or any association with its operators.

System Integrity

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction conducted on the Website.

Disclaimer of Warranties

ADMINISTRATOR AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL CONTENT, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ADMINISTRATOR AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE AND ALL CONTENT, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE CONTENT, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND THE INFORMATION PROVIDED HEREIN IS ENTIRELY AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADMINISTRATOR AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, INJURY, DAMAGES FOR LOSS OF USE, LOSS OF LIFE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE AND ALL CONTENT, WITH THE DELAY OR INABILITY TO USE THE WEBSITE AND ALL CONTENT, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADMINISTRATOR OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Indemnification

Upon a request by Administrator, you agree to defend, indemnify, and hold harmless Administrator and its affiliated companies, and its respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from:

  • Your breach of these terms of use,

  • Any allegation that any content you provide infringes or otherwise violates the copyright, trade secret, trademark or other intellectual property rights of a third party, and

  • Your access or use of the Website.

International Use

The Administrator makes no representations that the Website is appropriate or available for use in locations outside the United States, and accessing it from territories where the content is illegal is prohibited. If you choose to access the Website from a location outside the U.S., you do so on your own and you are responsible for compliance with local laws.

Choice of Law and Location for Resolving Disputes

This Agreement is governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflicts of law provisions. To the maximum extent enforceable by law, any cause of action with respect to this Agreement must be filed in Essex County, State of

New Jersey, within one year after the cause of action has arisen, otherwise the cause of action will be barred.

Please note that by agreeing to these terms of use, you are:

  • Waiving claims that you might otherwise have against Administrator based on the laws of other jurisdictions, including your own;

  • Irrevocably consenting to the exclusive jurisdiction of, and venue in, state or federal courts in the State of New Jersey over any disputes or claims you have with Administrator; and

  • Submitting yourself to the personal jurisdiction of courts located in the State of New Jersey for the purpose of resolving any such disputes or claims.

Severability, Integration and Waiver

This contract and any supplemental terms, policies, rules and guidelines posted on the Website constitute the entire agreement between you and Administrator and supersede all previous written or oral agreements. If any part of these terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any waiver of any provision of these Terms and Conditions of Use will be effective only if in writing and signed by a duly authorized representative of Administrator. The failure of Administrator to insist upon or enforce the strict performance of the terms of these Terms and Conditions of Use, or to exercise any right under these Terms and Conditions of Use, will not be considered as a waiver of the right to assert or rely upon any such provision or right in that or any other instance.

Changes to the Privacy Policy

If Administrator makes changes to its privacy practices as described in its Privacy Policy, Administrator will post the revised Privacy Policy on the Website. Any use of the Website and services after the effective date of any changes to the Privacy Policy constitutes an agreement to the changes. Each time you access the Website, you will be deemed to have accepted any changes.

Termination

You agree that if you violate these Terms and Conditions of Use, your permission to use the Website automatically terminates and you must immediately destroy any copies you have made of any portion of the content contained on the Website. You also agree that Administrator may, in its sole discretion, terminate your access to the Website or any portion thereof, or discontinue providing the Website or any portion thereof.

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ActiveFit is administered by Advanta Health Solutions, a health and fitness provider.

The ActiveFit® program is offered to sponsored participating groups and is administered by Advanta Health Solutions, Inc.Advanta Health Solutions, Inc. is responsible for administering the program.Eligibility for the program is determined by the sponsor at its sole discretion.Advanta Health Solutions, Inc. is independent from and not affiliated with sponsoring organizations.