Member Terms of Use

1. MEMBERSHIP OPTIONS. Burgio Health Alliance, LLC (the "Alliance") currently offers monthly memberships to individuals, couples and families. To qualify for a family membership, such family must be comprised of no more than five individuals, one of whom must be 18 years of age or older. If a family is comprised of more than five individuals, additional individuals may join the family account, but each individual will need to pay an additional fee, which fee will be specified from time to time by the Alliance.

2. PAYMENT TERMS. Users that sign up agree to pay the Alliance all charges at the prices then in effect for any use of the Site, and, if paying by credit card, authorize the Alliance to charge their payment provider for use of the Site. Members may elect to pay on a monthly, quarterly or annual basis. The Alliance will not provide refunds for account cancellation requests received after your account has been billed; provided, however, that if you have elected to pre-pay your membership on an annual or quarterly basis, you will be entitled to a refund to compensate you for the months in which you will not be using the membership equal to one month's fee. Moreover, the Alliance, in its sole discretion, may offer refunds or credits under certain circumstances or to correct any errors it has made. To change or cancel your subscription, contact 716-688-8856.

3. AUTOMATIC RENEWALS. PLEASE BE ADVISED THAT YOUR MEMBERSHIP WILL RENEW AUTOMATICALLY. YOU WILL RECEIVE NOTICE BY EMAIL TO THE EMAIL ADDRESS CURRENTLY ON FILE WITH THE COMPANY AT LEAST 10 DAYS PRIOR TO THE EXPIRATION OF YOUR REQUESTED PAYMENT PERIOD. FOR EXAMPLE, IF YOU HAVE MADE AN ANNUAL PAYMENT, YOU WILL RECEIVE AN EMAIL NOTIFICATION AT LEAST 10 DAYS PRIOR TO THE END OF YOUR 12-MONTH PRE-PAID MEMBERSHIP PERIOD.

4. MEMBER DISCOUNTS. As a benefit of membership, you may receive a discount in the event you elect to register for certain workshops and conferences sponsored by the Alliance. In addition, you may receive discounts for purchasing products and/or services offered through the Site.

5. MEMBER REWARDS. As a benefit of membership, you may receive points for purchases made through the Site. You may also receive points for certain behaviors (e.g. registering on an annual basis, referrals, using the wellness center, attending events). Accumulated points may be redeemed to pay for future Alliance purchases online through the Site. You will lose any unused accumulated points if you cancel your membership. Such points cannot be reactivated in you reinstate your membership at a later date and in no event shall be deemed to have any monetary value. Further information regarding Member Awards is available on the Site.

6. THE ALLIANCE'S ROLE. The Alliance will not take part in any interactions between users of the Site and companies offering products and/or services through the Site ("Allies") and makes no representation or warranty that any materials on the Site are truthful, appropriate, correct or reliable. Reliance in any way on any materials on the Site will be at your own risk.

7. SITE SECURITY. You are prohibited from violating or attempting to violate the security of the Site, including without limitation, accessing data not intended for you. The Alliance reserves the right to limit, in its sole discretion, the amount of data that may be accessed by you at any time.

8. EXCLUSIVE USE. Your account may only be used by you for personal uses. You may not authorize others to use your account or otherwise assign your rights to your account to a third party.

9. OWNERSHIP AND CANCELLATION. You understand and acknowledge that you have no ownership rights in your Alliance account and that your Alliance account can be cancelled by the Alliance at any time and for any reason.

10. ANTITRUST CONCERNS. You are solely responsible for complying with all applicable federal and state antitrust laws and regulations. Among other things, you should not use resources provided by the Alliance to obtain information regarding your competitors. In general, the resources provided by the Alliance shall not be used for the purpose of bringing about or attempting to bring about any agreement, written or oral, formal or informal, express or implied among competitors concerning: (a) prices or other terms or conditions of any products or services to be offered; (b) the kinds of products or services to be offered; (c) the customers to whom products and services may be sold; or (d) the territories in which products or services may be sold.

11. USE OF SITE IS AT YOUR RISK; LINKS TO OTHER WEBSITES. The use and browsing of this Site, or any links contained therein, is strictly at your risk. The Site may provide links to the websites of certain other businesses or individuals, which have their own terms of use, privacy policies, and similar conditions regarding use, which you should carefully review. The linked websites are not under the control of the Alliance, and the Alliance is not responsible for examining or evaluating the contents of any linked websites or any changes or updates to such websites. The Alliance is providing these links to you only as a convenience and the Alliance does not make any representation, warranty or endorsement of any such website, the person or entity controlling such website, or any goods and/or services sold or offered for sale on or through such website.

12. COPYRIGHTS. The copyright in all material provided on this Site, including, but not limited to, text, graphics, images, audio or video clips, photographs or other materials, is held by the Alliance or by the original creator of the material. None of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, modified or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Alliance or the copyright owner; provided, however, that permission is granted to display and download the materials on this Site for personal, non-commercial use only so long as the materials are not modified and all copyright and other proprietary notices contained in the materials are retained.

13. TRADEMARKS. The trademarks, service marks, trade dress and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of the Alliance and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. The name "Burgio Health Alliance," "BHA Alliance" or any logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission. You may not "frame" or "link" to the Site, or use any of the Trademarks as metatags or "hidden text", without the Alliance's prior written consent. The Alliance prohibits use of the Alliance logo as a "hot" link to any the Alliance site unless establishment of such a link is approved in advance by the Alliance in writing.

14. WARRANTIES. THE MATERIALS CONTAINED IN THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES THAT THE MATERIALS ARE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND YOU ASSUME THE ENTIRE COST OF ANY NECESSARY COMPUTER SERVICING AND REPAIRS.

15. LIMITATION ON LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE ALLIANCE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF THE ALLIANCE OR AN ALLIANCE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ALLIANCE ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF ACCESS TO, USE OF, OR BROWSING IN THE SITE OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.

16. LIABILITY. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ALLIANCE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED $10.00 OR THE AMOUNT YOU PAID THE ALLIANCE TO USE THE SITE, WHICHEVER IS LESS.

17. AMENDMENTS. The Alliance reserves the right to change any and all content contained on the Site at any time without notice. As well, the Alliance may at any time revise these Terms by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms to which you are bound.

18. GOVERNING LAW; FORUM. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of New York, without regard to conflict of law provisions, and you irrevocably agree that any action arising under these Terms or your use of the Site must be brought exclusively in the State of New York and that venue shall be in the federal and state courts sitting in Erie County.

19. VALIDITY AND ENFORCEABILITY. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, the parties agree that partial enforcement of this Agreement or revisions of said part are appropriate, but that the validity and enforceability of any remaining conditions shall not be affected thereby.

20. ASSIGNMENT. The Alliance shall have the right, at any time, to assign any of its rights and obligations under these Terms to a third party or affiliate.

21. RESERVATION OF RIGHTS. All rights not expressly granted herein are hereby reserved.

© Copyright 2013 Burgio Health Alliance, LLC

All rights reserved worldwide.

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