Terms of Service
Last Updated: January 1, 2023
THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. YOU SHOULD REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING OR USING THE SERVICES.
At Rally, we’re dedicated to helping you and members of your family live healthier lives. We support you with comprehensive, easy-to-use web and mobile tools that empower you to take control of your health and health care, from improving your diet, fitness, and well-being to managing your benefits and finding the right doctor at the right price for your needs.
Health care is complex. We’re committed to simplifying it for you, bringing you a wealth of information and a wide array of tools, resources, online communities, coaching, and clinical expertise to help you be an informed health care consumer and help you and your loved ones live your best lives.
As in all relationships, there are rules. We have captured these rules in these Terms of Service (“Terms of Service”), which govern your use (both as a visitor and a registered user) of our online and mobile tools, websites, platforms, services (including our rewards programs and other online offerings), and Applications (as defined below) we own and/or operate and that contain a link to, or are accessible after agreeing to, these Terms of Service (collectively, the “Services”). Please read them carefully.
By using the Services or registering as a user, you are agreeing to legally bind yourself to these Terms of Service. If you do not wish to be bound by these Terms of Service, you are not authorized to use the Services in any way. References in these Terms of Service to “Rally,” “we”, “us” or “our” are references to Rally Health, Inc. and its employees, officers, directors, subsidiaries, affiliate entities, including any successor(s) entities. Any references to “you” or “your” in these Terms of Service will mean the person or entities using the Services, including the person’s heirs, assigns, or dependents, for any of the Services that are offered through the Services, including without limitation individuals making benefits elections for themselves or their dependents. If you are helping another person use our Services, these Terms of Service constitute a legally binding agreement between you and the person being helped and us, and “you” or “your” shall also include the person being helped.
I. General Terms
The Services that we offer include the Wellness Tools, Find Care and Costs Tools, and Coaching Tools (as defined below), and all other tools, features, functionality, resources, programs, recommendations, rewards, incentives, and services made available by us to you. Some Services may be subject to additional guidelines, rules, or terms (“Additional Terms”) that are contained within the applicable Services. If there is any conflict between these Terms of Service and the Additional Terms for any Service, the Additional Terms control with respect to that Service and all other provisions in the Terms of Service that are not in conflict also apply.
By agreeing to these Terms of Service, you also agree to our Rewards Rules in connection with any reward or incentives available through the Services. Those Reward Rules are incorporated herein by reference.
We Do Not Provide Medical Advice; Talk with Your Doctor.
RALLY DOES NOT DISPENSE MEDICAL, DIAGNOSIS, OR TREATMENT ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT DISREGARD, AVOID, OR DELAY GETTING MEDICAL OR HEALTH-RELATED ADVICE FROM YOUR HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON OR LEARNED FROM THE SERVICES. THE INFORMATION, FEATURES, AND TOOLS MADE AVAILABLE ON OR THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION MISSIONS THAT HELP YOU LEARN ABOUT OR MANAGE HEALTH CONDITIONS, ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT, AND SHOULD NOT BE USED AS, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, TREATMENT, OR DIAGNOSIS.
Always seek the advice of a qualified medical provider with any questions you may have about your health and before undertaking or changing an exercise regimen, diet, weight loss program, or course of medical treatment; taking any drugs, medicines, or supplements; accessing a health-related resource or program; or engaging in any physical activity, weight loss program, or diet related to the games, challenges, missions, or other tools or features available through the Services. Nothing available through any Services is intended or should be taken to be the practice of medical or counseling care. For purposes of these Terms of Service, the practice of medical or counseling care includes without limitation psychiatry, psychology, medical, nursing, or professional health care advice or services, or the practice of medicine, nursing, or professional health care, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice. We make no representations or warranties that any particular drug or treatment is safe, appropriate, or effective for you, or that any particular health care provider is appropriate for you. You should confirm all health care-related information with your health care professionals before making health care-related decisions. Your use of the Services does not create in any way a physician-patient relationship, any sort of confidential, fiduciary, or professional relationship, or any other special relationship that would give rise to any duties on our part.
Rally does not recommend or endorse any specific tests, health care providers, procedures, treatments, products, benefits, opinions, or other information that may appear on or through the Services. If you rely on any of the information provided by or through the Services, or by Rally’s employees or other users of the Services, you do so solely at your own risk.
Third Party Services
Our Services may contain links to or provide interfaces with other services and websites that are owned and operated by third parties, such as employee benefits programs, coaching services, virtual consultations offered by telehealth providers, fitness and cognitive providers, and/or personal health devices (“Third Party Services”). In some Instances, but not all, you can authorize us to act on your behalf to access, interact with, retrieve information from, and/or submit information to such Third Party Services. You can revoke our access to such Third Party Services by amending the appropriate settings within the Services or on the applicable Third Party Service, although doing so may limit or prevent you from using or accessing the Third Party Service through our Services. Please note that Third Party Services may change or amend their guidelines and our access to them at any time, and we cannot guarantee that our Services will always include a connection to such Third Party Services.
Except as otherwise provided, the links to these Third Party Services are provided solely for your convenience. Inclusion of these links (and their associated trademarks and logos) and other access to Third Party Services through the Services does not mean that these Third Party Services have endorsed Rally or that Rally has endorsed them. Rally does not guarantee the availability or functionality of these Third Party Services. We are not responsible for the accuracy, completeness, quality, availability, timeliness, validity, legality, and decency of the content, products, opinions, recommendations, services, or any other aspect of the materials or tools made available through any Third Party Services or for your use of them. Your use of Third Party Services is subject to the terms and conditions of use for such websites and/or services at your own risk. Rally shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with your use of Third Party Services.
Minimum Age Requirement
Unless otherwise indicated in these Terms of Service, the Services are not intended or designed to be used by children under the age of 13. You may not use the Services if you are under the age of 13. If you are between 13 and the age of majority in your state and otherwise not emancipated, a parent and/or guardian must agree to these Terms of Service on your behalf.
Registration as a Member; User ID and Nickname
Certain portions of the Services may only be available to registered members. To register as a member, you’ll need to provide some information about yourself, such as your name, email address, date of birth, and answer a few questions. You must be legally competent to enter into contracts to register with our Services. During registration, you’ll need to provide an email address and password (your “User ID”), and select a display name that will be your “nickname” on the Wellness Tools; your first name and last initial will display on the Coaching Tools. Please be careful when selecting your nickname as it will appear when you post on the Wellness Tools. If the nickname is personally identifiable, you may end up publicly disclosing personal information about yourself. Your User ID lets you sign into products, websites, and services provided by Rally and some Rally partners. You grant access to Rally to share certain information when you choose to use your User ID to sign in to Rally partners’ products, websites, and services. You should only grant permission if you trust the third party product, website, or service. The third party may automatically sign you in the next time you use it.
You agree we have the right to disable and/or delete any nicknames for any reason in our sole discretion. You are responsible for protecting your User ID, and you are solely responsible for all activity that occurs under your User ID. If your User ID or other activation codes you use with the Services are compromised, you agree to immediately inform Rally. Rally is not liable for any losses by any party caused by an unauthorized use of your User ID. You agree to keep your personal information with us accurate and up-to-date at all times.
Your Personal Information
It is your responsibility to safeguard the devices you use to access the Services (such as laptops, tablets, and mobile devices) and to use appropriate security settings on those devices. If those devices are lost, stolen, or misplaced, others may be able to access your account and your personal information using those devices.
Public Areas of the Services; Content of Others
The Services may contain public areas that are accessible and can be viewed by others (such as users of the Internet, others who have registered and provided information about themselves or their conditions, and/or those who have opted-in to participating in online discussions, games, reviews, and/or posts) and/or can be used by others to post information or other content (collectively, the “Public Areas”). You are solely responsible for your own communications and any reliance on communications contained in Public Areas, even if the content or communication violates our policies or is otherwise offensive. You agree to only post content or materials that comply with these Terms of Service. You agree that Rally is not responsible, and has no liability, for any consequences that result from your use of, or disclosure of information in, Public Areas or other areas of the Services.
You acknowledge and agree that you are not permitted to, and you will not, do or assist anyone else in doing any of the following (“Prohibited Conduct”):
- Use the Services in any manner that violates any laws and/or regulations;
- Advocate or encourage illegal activity;
- Use the Services for commercial purposes (including by posting advertising or solicitations) or in any manner that competes with any product or service of Rally;
- Collect, copy, or harvest data or materials from the Services without our express written permission;
- Remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary rights or notices marked on the Services;
- Collect, copy, or use data about another user without his or her knowledge and consent;
- Post or communicate harassing, threatening, harmful, obscene, defamatory, abusive, fraudulent, illegal, infringing, offensive, hateful, or libelous materials, as determined by Rally at its sole discretion;
- Disrupt dialogue or post comments that are unrelated to a discussion topic;
- Attempt to manipulate the Services (or any of the features or functionality of the Services) in an unfair, improper, or inappropriate manner, or in a manner that creates an unfair, improper or inappropriate advantage or benefit for you or any other user (all as determined by us in our sole judgment), such as, for example, gaming our system to earn coins, rewards, or other benefits;
- Use any of our or our licensors’ marks, logos, or any source identifiers of our programs or services (whether registered or unregistered) in any unauthorized manner, including as meta tags or ad keywords;
- Misrepresent your identity or provide us with any false information at any time on or through the Services;
- Allow another user to use your credentials to access the Services, or use the credentials of another user to do the same; or
- Engage in any activity that threatens the security or functionality of the Services, including but not limited to:
- Attempting to gain unauthorized access to any Services, user accounts, computer systems, or networks through any means;
- Introducing viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Using manual or automated software, devices, scripts, robots, backdoors, or other means or processes to access, “scrape,” “crawl,” or “spider” any web pages or other services contained in the Services. If you are blocked from the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address);
- Attempting to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Intentionally or unintentionally launching or facilitating any denial-of-service attack on the Services;
- Engaging in viral messaging, spamming, spimming, or sending of unsolicited advertisements, solicitations, or bulk communications, or distributing chain mail or harmful computer code, viruses, or malware; or
- Using the Services in any way that could, in Rally’s sole judgment, interfere with any other party’s use or enjoyment of the Services, or in a manner that could overburden, impair, damage, or disable our networks or servers, or expose us or our licensors, users, customers, or suppliers to any claims or liability.
- Attempting to carry out or assisting anyone in any of the foregoing.
You agree that we may take any measures we deem appropriate, in our sole discretion, to prevent the violation of, and to enforce, these Terms of Service. Without limiting any other rights we have, you agree that we may take any actions permitted or required by law (including the suspension or termination of your account or your access to the Services) if we believe, in our sole discretion, that you are engaging in activities that (i) violate these provisions (or other terms in these Terms of Service), (ii) could expose us and/or our vendors or business partners to liability, or (iii) could harm our business reputation or that of our vendors and business partners.
Additional Rally Rights
You agree that Rally has the right, consistent with applicable law, but is not obligated, to:
- Use, copy, perform, distribute, display, adapt, translate, monitor, and edit your postings in any manner or in any medium we choose and use your display name to attribute your post if we choose;
- Monitor, edit, remove, or delete posts or any other communication or activity made on or through the Services for any reason, including without limitation communications or activity that we believe are abusive, disruptive, offensive, illegal, or otherwise objectionable;
- Monitor, report, or disclose any communications or activity made on or via the Services, including without limitation where such communications or activity, in Rally’s sole discretion, create a risk to the rights and safety of you, Rally, or any other party; and
- Terminate or limit the rights of a user to access any or all features or other areas of the Services upon failure to comply with these Terms of Service or for any reason in Rally’s sole discretion.
Ownership of the Services
The Services and their content are provided solely for your personal, noncommercial use in accordance with these Terms of Service. You agree that the Services (and all content contained therein), as well as the underlying software, systems, and other proprietary technology and methodologies (collectively, “Rally Property”), are protected by intellectual property and other laws, and are the property of Rally and/or its licensors. You may not, and you agree you will not, modify, copy, reproduce, prepare derivative works from, license, sublicense, sell, resell, rent, transfer, translate, redistribute, transmit, republish, reverse engineer, decompile, or disassemble any Rally Property in any way without the prior written permission of Rally and any applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any Rally Property and shall not remove or authorize or permit any third party to remove any proprietary rights legend from the Services. All rights not expressly granted herein are reserved to Rally and its licensors.
Ownership of and Our Rights to Your Materials and Feedback
We may make available to you the ability to post, submit, email, or otherwise make available on or through the Services (including via email to us) information, text, or materials (“Your Materials”). You are entirely responsible for Your Materials, and you represent and warrant that Your Materials do not include confidential or proprietary information, or violate any other party’s intellectual property, privacy, or other rights. Subject to the license grant below, as between you and us, you retain ownership and any intellectual property rights in any materials that are contained in Your Materials. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, transferrable, sublicensable, worldwide license to use, reproduce, modify, transmit, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise exploit, Your Materials in any form, technology, or media now known or hereafter developed. You hereby waive any moral rights you may have in Your Materials under the laws of any jurisdiction. You agree we may exercise any of these rights without compensation or attribution to you.
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements, or other feedback related to the Services (collectively “Feedback”), you represent and warrant: (i) that you have the right to disclose the Feedback; (ii) that the Feedback does not violate the rights of any person or entity; and (iii) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further: (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development; (iii) grant us (and any of our vendors to the extent you provide Feedback to them) an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback; and (iv) irrevocably waive, and cause to be waived, against Rally its vendors and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your account or the Services. This section applies whether you provide the Feedback through the Services or through any other method of communication.
Use and Storage Practices
You acknowledge that Rally may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Rally’s servers on your behalf. You acknowledge that Rally reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Rally reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Disclaimers; We Make No Warranties
We try to keep the Services bug free and safe, but you use them at your own risk. We provide the Services “as is,” “with all faults,” and “as available.” We and our suppliers make no express or implied warranties or guarantees about the Services. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICES, OR ANY INFORMATION CONTAINED IN THE SERVICES, IS ACCURATE OR UP-TO-DATE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, OR MEET YOUR REQUIREMENTS, OR THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND ANY SERVICE, MATERIAL, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES, OR USE OF RESOURCES OR PARTICIPATION IN ANY PROGRAMS OR ACTIVITIES ACCESSIBLE THROUGH OR IN CONNECTION WITH THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTERS OR MOBILE DEVICES AND ANY LOSS OF DATA THAT RESULTS THEREFROM. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY US SHALL CREATE A WARRANTY NOT EXPRESSLY SET FORTH HEREIN.
Limitation of Liability
YOU AGREE THAT THE RALLY RELEASED PARTIES’ (AS DEFINED BELOW) ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO YOUR USE OF THE SERVICES, AND/OR FOR ANY BREACH OF THESE TERMS OF SERVICE, IS SOLELY LIMITED TO THE TOTAL AMOUNT OF SERVICE FEES, IF ANY, THAT YOU PAID TO US WITHIN THE LAST 12 MONTHS FOR THE SPECIFIC SERVICE AT ISSUE. THIS MEANS THAT RALLY HAS NO LIABILITY TO YOU WHERE IT PROVIDES YOU WITH SERVICES FREE OF CHARGE TO YOU. YOU AGREE THAT THE RALLY RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR RELIANCE ON, THE SERVICES, OR INFORMATION CONTAINED ON OR THROUGH THE SERVICES, OR YOUR INABILITY TO USE THE SERVICES, ANY TERMINATION OF YOUR ACCESS TO OR DISCONTINUANCE OF THE SERVICES, OR ANY BREACH OF THESE TERMS OF SERVICE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, AND LOSS OF GOODWILL, EVEN IF ANY OF THE RALLY RELEASED PARTIES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE FOUND TO BE UNENFORCEABLE, THE RALLY RELEASED PARTIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE “RALLY RELEASED PARTIES” MEANS RALLY AND OUR PARENTS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, PREDECESSORS IN INTEREST, SUCCESSORS IN INTEREST, PARTNERS, CLIENTS, CUSTOMERS, AND VENDORS.
THE FOREGOING LIMITATION OF LIABILITY IS NOT APPLICABLE TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, THE RELEASED PARTIES ARE NOT LIABLE FOR ANY DAMAGES UNLESS SUCH DAMAGES ARE THE RESULT OF OUR NEGLIGENT OR RECKLESS ACTS OR OMISSIONS; AND THE RELEASED PARTIES ARE NOT, IN ANY CASE, LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
Time Limit for Bringing Claims
YOU AGREE THAT REGARDLESS OF ANY LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS OF SERVICE, THE SERVICES, OR YOUR RELATIONSHIP WITH US MUST BE FILED WITHIN ONE (1) YEAR OR SUCH CLAIM SHALL BE FOREVER BARRED. THAT ONE-YEAR STATUTE OF LIMITATIONS SHALL BEGIN TO RUN ON THE DATE PROVIDED UNDER APPLICABLE LAW.
Notwithstanding the foregoing, the above statute of limitations shall not apply to residents of New Jersey.
You agree to defend, indemnify, and hold harmless the Rally Released Parties from all third party claims, liabilities, losses, damages, and expenses, including but not limited to, reasonable legal and attorneys’ fees, that, in each instance, arise out of, or are related to: (i) your use or misuse of the Services, (ii) Your Materials, and/or (iii) your violation of these Terms of Service. Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold the Rally Released Parties harmless from and against any third party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms of Service.
You agree we have the right to hire counsel of our own choosing in connection with, and to assume the exclusive defense and control of, any matter subject to indemnification by you, and doing so will in no way limit your indemnification obligations hereunder. In any such litigation, you will cooperate with us in asserting any available defenses.
If you are a California resident, you waive California Civil Code Section 1542, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
THE FOLLOWING SECTIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, AS THEY MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Resolving Disputes – Let’s Try to Sort Things Out First
We want to address your concerns without resorting to a formal legal case. Before either party may file a claim against the other, we both agree to try to resolve the dispute informally. You can contact email@example.com to initiate the dispute resolution process. We’ll try to resolve the dispute informally. If a dispute is not resolved within 30 days of submission, you or Rally may bring a formal arbitration proceeding as described below.
Agreement to Arbitrate
You and Rally agree to resolve any claims relating to these Terms of Service, the Services, our relationship, and any rewards or incentives offered through the Services through final and binding arbitration, except as set forth under “Exceptions to Agreement to Arbitrate” below. This agreement to arbitrate and the associated arbitration provisions will also apply to any claims asserted by you against any present or future Rally Released Party to the extent that any such claims arise out of your access to, the provision of content, services, and/or technology through, and/or use of the Services.
Location of Arbitration
The arbitration shall be held in the state in which you reside or any other location as agreed upon between you and Rally. For residents outside the United States, arbitration shall be initiated in Washington, DC, or any other location to which the parties agree in writing. You and Rally further agree to submit to the personal jurisdiction of any state or federal court in Washington, DC, to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Opt-out of Agreement to Arbitrate
You can decline this agreement to arbitrate by sending a letter to Rally that must be postmarked within 30 days of your first acceptance of terms containing an arbitration provision or by sending an email to firstname.lastname@example.org within the same time period. The letter or email must specify your first and last names, Rally User ID, mailing address, and explain that you are opting out of the Rally Terms of Service arbitration provision. The letter should be sent to Rally Health, Inc., Attn: Legal Department, 11000 Optum Circle, Eden Prairie, MN 55344. If you opt out of these arbitration provisions, Rally will not be bound by them either.
The arbitration shall be conducted by a single arbitrator, governed by the rules of JAMS that are in effect at the time the arbitration is initiated available at jamsadr.com or by calling JAMS at 1-800-352-5267 (referred to as the “JAMS Rules”) and under the rules set forth in these Terms of Service. We may also mutually agree in writing to have the arbitration conducted by telephone or based on written submissions.
Arbitration and Attorney’s Fees
You will be required to pay the applicable fee for consumer arbitrations when initiating the arbitration. Rally will pay all other arbitration fees, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, but not limited to attorneys’ fees and expert witness costs unless Rally is otherwise specifically required to pay such fees under applicable law. The arbitration shall be conducted in accordance with the JAMS streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and JAMS comprehensive Arbitration Rules and Procedures for claims exceeding $250,000, excluding any rules or procedures governing or permitting class actions. The decision of the arbitrator will be in writing and binding and conclusive on Rally and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Rally and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms of Service and can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys’ fees. Notwithstanding the foregoing, Rally and you agree not to seek any attorneys’ fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. In which case, either party, including Rally, may be awarded attorneys’ fees and costs if permitted by law. Rally and you understand that, absent this mandatory arbitration provision, Rally and you would have the right to sue in court and have a jury trial. Rally and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Severability; Waiver of Jury Trial
Except as explicitly provided herein, if any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, Rally and you agree to waive, to the fullest extent allowed by law, any trial by jury.
Exceptions to Agreement to Arbitrate
Either you or Rally may assert claims, if they qualify, in small claims court with jurisdiction over the claim, provided the informal dispute resolution described above was unsuccessful. Either party may bring a lawsuit alleging intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions
We agree that each party may only resolve disputes with the other party on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. We agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU AND RALLY ARE GIVING UP THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. EACH PARTY UNDERSTANDS THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO ARBITRATION, YOU SHOULD OPT OUT OF THIS ARBITRATION PROVISION AS STATED ABOVE OR CEASE USING OUR SERVICES.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Changes to the Arbitration Agreement and Class Action Waiver
Rally will provide thirty (30) days’ notice of any changes affecting the substance of this Arbitration Agreement and Class Action Waiver by posting on the Services, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you.
Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection is not enforceable or valid, then this subsection shall be severed from the remainder of the Arbitration Agreement and Class Action Waiver, and the court or arbitrator shall apply the first Arbitration Agreement and Class Action Waiver section in existence after you began using the Services.
This Arbitration Agreement and Class Action Waiver section shall survive any termination of your account or the Services.
Judicial Forum for Disputes
In the event that the agreement to arbitrate is found not to apply to you or your claim, or for claims not subject to arbitration, you and Rally agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of the District of Columbia. Both you and Rally consent to venue and personal jurisdiction there.
Choice of Law
You agree that the arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. You otherwise agree that the law of the state of Delaware governs these Terms of Service and any claim or dispute that you may have against us, without regard to Delaware’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
Procedures for Notification of Copyright Infringement
If you believe that your copyrighted work has been copied and is accessible on or through the Services in a way that constitutes copyright infringement, you may notify us by mail at Rally Health, Inc., Attn: DMCA Registered Agent, 9900 Bren Road East, Minnetonka, MN 55343, or via email at DMCARegisteredAgent2@optum.com and provide the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Linking to Us
Unless you have a written agreement with us that specifies otherwise, the following are the rules for adding a link to the websites available through the Services from your website:
- The link must be a text-only link clearly marked werally.com, realappeal.com, or www.rallyhealth.com, as applicable.
- For links to werally.com and realappeal.com, the link must “point” to werally.com or realappeal.com (as applicable) and not to other pages available on the Services.
- You may not link to any live stream or live streaming event on the Services (except with our express prior written consent).
- The appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with Rally’s good name and trademarks.
- The appearance, position, and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by Rally.
- The link, when activated by a user, must display the website full-screen and not within a “frame” on the linking website and linking must not trigger any interstitial or pop-up or pop-under windows.
- The link will not be used in connection with or appear on a website that a reasonable person may consider offensive, obscene, defamatory, or otherwise malicious. Rally, in its sole discretion, may immediately remove or disable any links that violate this provision and shall have no liability whatsoever to any third party who uses the link.
- We reserve the right to revoke consent to the link to websites available through the Services at any time in our sole discretion. If we revoke such consent, you agree to immediately remove and disable any and all of your links.
Notices and Agreement to Be Bound by Electronic Signature
Your affirmative act of using the Services, or registering for an account, constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing. To view and retain a copy of this disclosure or any information regarding your agreement to these policies, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device.
You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications, or other records regarding the Services (collectively, “Notices”). You agree that we can send you Notices (i) to the email address that you provided to us during registration, (ii) to any email account you open with a Service, or (iii) by posting the Notice on the Services. Our delivery of any Notice is effective when sent, regardless of whether you read the Notice, when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by notifying us in writing via email to email@example.com or as otherwise expressly provided by us in writing.
Special Notice for International Use/Export Controls
Any technology or software underlying the Services that is available in connection with the provision of the Services and the transmission of applicable data (collectively, the “Software”), if any, is subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of any applicable export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.
Changes to These Terms of Service or the Services
From time to time, we may, in our sole discretion, modify these Terms of Service. We may also upgrade, enhance, change, terminate, and modify the Services, including by discontinuing a Service or any aspect or feature thereof (collectively, “Modifications”). If we make any material changes to the Terms of Service, we will attempt to notify you by email (sent to the email address specified in your account) or by means of a notice on the Services prior to the change becoming effective, which you agree is sufficient to bind you to any such Modification. In any event, changes to these Terms of Service will be reflected in an updated version that will be posted on the Services, and all changes will be effective upon such posting. You agree to regularly review these Terms of Service so that you will be apprised of all changes. You can determine when these Terms of Service were last revised by referring to the “Last Updated” legend. If you disagree with the Modifications, you should cancel your account with Rally by providing written notice to us and cease all use of the Services. By continuing to use the Services after any notice or posting of the Modifications, you are agreeing to be bound by the Modifications.
We may assign these Terms of Service at any time without notice to you. You may not assign these Terms of Service to anyone else. Any attempted assignment or delegation by you is null and void.
We may cancel, suspend, or block your use of the Services (or an affiliate of the Services) and/or registration at any time, without cause and/or without notice. You may cancel your account at any time, but you will not receive a refund of any fees paid to Rally. Your right to use the Services will end once your account is cancelled or your access to the Services is terminated for any reason, and any data you have stored on a Service may be unavailable to you after that.
You should transfer any medical records or other information stored on or through the Services prior to terminating your account. We are not responsible or liable for any records or information that are made unavailable to you as a result of a termination of your account or your use of a Service, by you or us, except where we are required by law to make those records available to you. Any limitations on liability, our disclaimer of warranties, our proprietary rights in and to Your Materials, content, Rally Property, and the Services, as well as all of your representations, warranties, and obligations to indemnify us, will survive the expiration or termination of your account or these Terms of Service for any reason.
You agree that the termination of any agreement we have with any health plan, employer, or other provider of health care-related products or services to you (e.g., if you are using some of our services through a relationship we have with your health plan, and that agreement between us and your health plan is terminated) will not affect any of our rights under these Terms of Service (except as provided otherwise by law).
Entire Agreement; Miscellaneous
These Terms of Service, and any supplemental terms, policies, rules, and guidelines posted on the Services, constitute the entire agreement between you and us and supersede all previous written or oral agreements. Except as set forth in the Arbitration Agreement and Class Action Waiver section, if any part of these Terms of Service is held invalid or unenforceable as a matter of law, 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. You acknowledge that we have the right hereunder to seek, at your expense, an injunction to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms of Service, shown in boldface type, are included only to help make these Terms of Service easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default.
II. Terms for Mobile Applications
The following terms apply to your access to or use of any Rally mobile application, if available, (together with all information and software associated therewith, the “Application” or “Applications”) through any device (such as tablets, mobile phones, etc.).
Rights Granted to You
We grant you a limited, non-exclusive, revocable, non-transferable license to download, install, and use the Applications solely for your personal, non-commercial use on a mobile or tablet device owned or controlled by you and only in accordance with the Terms of Service. Other than the limited rights granted in the immediately preceding sentence, no other rights are granted to you. This is only a license, and not a sale of, the Applications to you.
Your Responsibilities as the Application User
Use of the Application requires third party services and equipment such as a compatible mobile device, Internet access, and a telecommunications carrier. Obtaining and maintaining the equipment and services necessary to use the Application is your responsibility. We are not responsible for equipment defects, lack of service, dropped calls, or other issues arising from third party services or equipment. You are solely responsible for your use of those services on your mobile device and compliance with any applicable third party terms and payment of all applicable third party fees associated with any carrier service plan you use in connection with your use of those services (such as voice, data, SMS, MMS, roaming or other applicable fees charged by the carrier). You are also responsible for maintaining the confidentiality of your user identification and password used to access the Application. If you choose to use a persistent log-in, you should lock your mobile device when not in use to avoid any breach of the security of your information and/or misuse of your identification, password or the Application.
Additional Restrictions and Notices
You agree you will not remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Applications. You acknowledge that Rally may issue an upgraded version of its mobile applications and may automatically upgrade the mobile application that you are using. You consent to such automatic upgrading and agree that the then-current Terms of Service shall govern all such upgrades. Rally’s mobile applications or other aspects of the Services may include third party code and other software, which is governed by the applicable open source or third party end user license agreement, if any, that authorizes the use of such code.
Third Party Terms
You agree to comply with all applicable terms, conditions, and agreements between you and any third party that provides products or services that facilitate or enable your use of any mobile applications, and you acknowledge and agree that your use of any Application may result in charges to you by those third parties in connection with the products and services they provide to you (such as data plan charges), and you will be solely responsible for any such charges.
Termination of Your Rights
Upon any termination of your rights hereunder, for any reason, you will immediately uninstall or delete the Applications and cease any further use of such Applications.
Apple iOS App
If the Services that you use include a mobile application that you download, access and/or use and that runs on Apple’s iOS operating system (an “iOS App”), you acknowledge and agree that:
- the iOS App may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system;
- these Terms of Service are between you and Rally, and not with Apple;
- Apple has no obligation at all to provide any support or maintenance services in relation to the iOS App, and if you have any maintenance or support questions in relation to the iOS App, please contact Rally, not Apple;
- except as otherwise expressly set forth in these Terms of Service, any claims relating to the possession or use of the iOS App are between you and Rally (and not between you, or anyone else, and Apple);
- in the event of any claim by a third party that your possession or use (in accordance with these Terms of Service) of the iOS App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
- although these Terms of Service are entered into between you and Rally (and not Apple), Apple, as a third party beneficiary under these Terms of Service, will have the right to enforce these terms against you.
In addition, you represent and warrant that:
- you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country;
- you are not listed on any United States Government list of prohibited or restricted parties; and
- if the iOS App does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the iOS App (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the iOS App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the iOS App or as a result of you or anyone else using the iOS App or relying on any of its content.
If the Services that you use include a mobile application that you download, access, and/or use from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms of Service are between you and Rally only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Rally, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Terms of Service; and (vi) you acknowledge and agree that Google is a third party beneficiary to the Terms of Service as it relates to Rally’s Google-Sourced Software.
III. SMS Terms
Rally provides these SMS terms and conditions (the “Rally SMS Terms”), which govern the provision and delivery of text messages by us or our text message service providers to you (“Rally SMS”). Rally provides this text message service to provide you with information you requested from Rally or our subsidiaries, including Real Appeal. Rally may also send you Rally SMS for multi-factor authentication purposes to help protect your account.
Signing Up for Rally SMS:
You may subscribe to Rally SMS by signing up through our Services. For example, if you register for appointments, such as coaching sessions through our Coaching Tools, Rally may also send you SMS appointment reminders to the phone number(s) associated with your account. You may also sign up for or initiate other text message communications, such as by initiating an SMS chat session with us. By signing up or otherwise initiating Rally SMS, you agree to these Rally SMS Terms and that Rally or its agents may use any automated or non-automated technology to send you informational text messages. You acknowledge that certain messages may contain your protected health information and there is a risk of interception or disclosure of the contents of the messages. Rally will not require you to receive promotional text messages as a condition of using services or products made available by Rally.
Costs of Signing Up for Rally SMS:
Rally does not charge you for its text message program. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.
Frequency of Text Messages:
We may send you an initial message confirming that we have received your opt-in. After that, the specific amount of text messages may vary depending on how you use our services and whether you take steps to generate additional text messages from us (such as by sending a HELP request or initiating SMS coaching sessions).
Content is not available on all carriers and carrier participation could change. As of May 2019, our text messages can be sent through the following carriers: AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, iWireless, Mobi PCS (Coral Wireless LLC), Mosaic, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol Wireless, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - South Central Comm, Rina - Syringa, Rina - UBET, Rina - Manti, South Canaan / CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. The content is not compatible with all mobile device models. The list of participating carriers may be changed at Rally’s sole discretion without prior notice. Rally will not be liable for any delays in the receipt of any text messages or changes to the participating carriers as delivery is subject to effective transmission from your carrier with active participation at that time. The mobile carriers (T-Mobile®) are not liable for delayed or undelivered messages.
By signing up to receive Rally SMS, you represent that you are 18 years of age or older and understand the obligations and agree to the terms set forth in these Rally SMS Terms, which forms a binding agreement between you and us. You further represent that you are the subscriber of the cellular service at the mobile number provided. In the event that you change or deactivate the mobile number you enrolled in Rally SMS, you agree you will promptly notify Rally at firstname.lastname@example.org to have your number removed and/or updated.
Opting Out of Rally SMS:
Depending on what types of Rally SMS programs you have opted into, you may receive Rally SMS from different originating phone numbers. To opt out of a Rally SMS program, you must text STOP to the applicable texting program. Replying STOP to one Rally SMS program will not opt you out of other programs you are enrolled in, so you must reply STOP to all programs to opt out of all Rally SMS. You further agree that texting STOP in response to our text message is the only reasonable method of opting out of a Rally SMS program. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than “STOP” or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. After unsubscribing, we may send you confirmation of your opt-out via text message. If you have revoked consent and want to re-enroll in our text message program, you can resume your enrollment by opting in, if available, through the applicable service. For more information about Rally SMS, please contact us at email@example.com or text HELP in response to one of our text messages.
Modifications to these Rally SMS Terms:
We reserve the right to modify these Rally SMS Terms, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your continued enrollment in Rally SMS shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
IV. Terms for Wellness Tools
You might have access to Services that allow you to engage in wellness-related activities, such as, for example, participating in challenges, tracking your progress toward achieving various goals and toward accomplishing various missions, interacting with coaches, accessing resources or programs that may be available to you, interacting with other users, reviewing articles and other wellness-related content, accessing certain health records, and participating in community or group discussion forums (collectively, the “Wellness Tools”). These terms apply to your use of the Wellness Tools. The rewards and incentives, if any, offered through the Wellness Tools are also subject to our Reward Rules, which are incorporated by reference into these Terms of Service.
We offer a health survey that asks for simple information about your personal medical history and health. We’ll use your answers to provide a snapshot of your overall health and to identify areas where you can start improving right away. You can opt out of the survey after the initial required questions and complete it at any time. The survey is considered complete when you answer all the survey questions that we ask. Please do NOT provide your genetic information in your survey responses.
We are committed to helping you achieve your best health. You may have the opportunity to participate in various challenges, missions, games, and goal-setting activities, and, if offered, to earn “rewards” or “coins” for achieving certain goals or completing certain challenges. If you think you might be unable to meet a goal or a challenge on the Services, you might qualify for an opportunity to earn the same reward or “coins” offered by the goal or challenge by different means. If so, please email firstname.lastname@example.org with your username. Recommendations from your personal physician may be accommodated if necessary.
Talk with Your Doctor First, and Be Careful
As discussed in more detail above, please talk with your doctor before engaging in any physical activity, health-related program, or diet. Also, please use caution when engaging in any activities related to your use of the Services, such as walking, running, or biking. We want you to be safe as you work to achieve your goals, and that means watching out for dangerous situations that could arise, such as vehicular traffic, other runners, other bikers, obstacles, etc. You are using the tools and features of our Rally Wellness Tools at your own risk, and we are not liable for any injury you may sustain by engaging in any activity in connection with the Services.
Gym Check-In Program
Some users of the Wellness Tools may be eligible for Rally’s Gym Check-In program, under which you may earn rewards for visiting the gym a certain number of times per month (“Check-In Requirement”). Eligibility for this program, and the rewards offered thereunder, will be determined by your employer. To earn rewards, you must properly check-in to a gym that is available in the Application during each qualifying visit. You may not earn rewards if you use the Application improperly, or if you attend a gym that is not listed in the Application. The number of visits required to meet the Check-In Requirement is calculated per calendar month, and only one visit per calendar day will count toward the Check-In Requirement. Gym visits may not be registered retroactively. The Gym Check-In program may be modified or terminated at any time by Rally or your employer, and we do not guarantee that rewards will be available. Rally may refuse to issue rewards it believes are the result of fraudulent user activity, and rewards that are issued in error or based on such fraudulent activity may be retracted.
On the message boards and “communities” that are available to some users, Rally seeks to offer users a positive, supportive community to connect, share, and learn from each other so they can live healthier lives. We strive for a friendly and inviting atmosphere. To keep it that way, we have a few additional rules that govern community posts, status updates, comments, links, profile information, private messages, and other information that you post on Rally.
- Rally does not routinely review or verify any information posted in our communities, comments, status updates, and other user-generated content area, except for potential violations of our Terms of Service. We are not the authors of, and are not responsible for, content posted by users. We reserve the right, however, to alter or remove any offending content posted by users without warning.
- Content on Rally should stay on Rally. You are not allowed to re-post content from Rally (community or other content) to another website. If anyone nonetheless reposts content from Rally communities to another website, we cannot be held responsible for the content, possible use of the information, or any copyright infringement.
- Do not post anything on Rally you don’t have the rights to (such as full text of articles, multimedia files) or that you do not have permission to reproduce or distribute. You may post links to information on other sites if they are directly relevant to the discussion and would benefit the community (with the exception of products or services).
- Don’t advertise or promote products or businesses. Posts made for the promotion of a website, product, or service are considered advertising and may be removed at Rally’s sole discretion. You are not allowed to post affiliate URLs that leads to you earning cash, banner impressions, credits, points, hits, or any other benefit, material or not.
- Do not try to inflate your post count by posting short, meaningless posts or “liking” each other’s posts.
- Anything you post on the community boards is visible to everyone on Rally, so be thoughtful about posting personal information you don’t want others to see.
- When posting a comment or information, or linking to outside websites, please stick to high-quality content that is appropriate for our community, and provides a benefit to other users. The Rally community manager can remove posts at his or her sole discretion.
- Talking about sensitive subjects is fine, but please use your taste and judgment. We will endeavor to remove offensive material that is brought to our attention.
- Need we say it? Vulgarity, hate or discriminatory speech, and any speech not protected under the law are never allowed. Abbreviations and other attempts to circumvent our filtering software also violate this guideline.
- We may remove posts that discuss or are the product of illegal activities. This includes the posting of information that you have obtained illegally.
If you believe that someone has engaged in Prohibited Conduct or otherwise violated our community guidelines, you can flag an item for our review (using the flag-shaped button to the right of the comment box). You may also send a private message to the community manager, if applicable.
Our community manager may remove flagged posts. Do not engage directly with a user who you feel is breaking the rules. Responding to a violation in an inflammatory manner is itself a violation. If a user violates our guidelines or other Terms of Service we reserve the right to remove any offending content without warning. Users who repeatedly or egregiously violate the guidelines or other Terms or Service, or who are flagged repeatedly, may have their account reviewed. The community manager reserves the right to deactivate such users without warning at his or her sole discretion. The community manager and other designated employees have the final say on anything related to user-generated content on Rally. We are not perfect and if you feel that we have made a mistake, please privately contact us to review the situation.
Medical Information in the Communities
It’s important to know that Rally users posting information or opinions may not have medical or other relevant training or expertise. As stated in more detail above, do not treat anything posted on Rally as medical advice. Do not seek a diagnosis for your specific condition on Rally. Never disregard or delay seeking professional medical advice from your doctor (or other qualified health care provider) because of something you read through the Services or elsewhere on the Internet. In case you think you have a medical emergency, call your doctor right away or dial 911.
Other users’ experiences can be helpful, but those anecdotes or anything else posted on Rally are never a substitute for professional medical advice, diagnosis, or treatment from a qualified health care provider. Some of these user opinions may contain information about treatments, medicines, or “off-label” uses of drugs that have not been approved by the U.S. Food and Drug Administration or might even be illegal in the United States or elsewhere. Others may refer to unstudied or potentially dangerous products such as herbs and nutrients. Always consult with your doctor before you take new medication or change any treatment plan, or start or stop a new treatment, diet, or routine.
We Do Not Provide Financial Advice or Financial Services
Our communities may include forums or other information regarding finances or money management. Rally is not a financial institution, and these portions of our Services are provided solely for informational, educational, or entertainment purposes. We do not dispense financial or wealth management advice, and any information made available on or through the Services by Rally or its users is not, and should not be used as a substitute for professional financial advice. No fiduciary relationship is formed by your use of the Services. We do not recommend or endorse any financial advice or third party, even if we post links to such advice. If you rely on any of the information provided by or through the Services, or by Rally’s employees, guests, or users, you do so solely at your own risk.
V. Terms for Find Care and Cost Tools
You may have access to Services that allow you to find, price, and schedule health care services, including searching for available health care providers and facilities (in or out of your network), and to review your account balances, coverage, and costs (collectively, “Find Care and Cost Tools”). These terms apply to your use of the Find Care and Cost Tools. The Find Care and Cost Tools are also subject to the additional terms and disclaimers that may be included in or displayed in close proximity to the Find Care and Cost Tools, and/or in the settings section of the Application, which are incorporated by reference into these Terms of Service.
Cost Estimates Are Only Estimates
Cost estimates provided through the Services are estimates only and are not a guarantee of the actual cost to you, or payment or benefits from your health plan. The estimates are based on certain factors, potentially including contract rates, fee schedules, and/or claims averages. The average geographic cost estimates are based on average costs for in-network providers within the specific geographic market.
Your actual costs may be higher or lower than the estimate for various reasons, including but not limited to:
- Application of copays, deductibles, and coinsurance amounts;
- Your unique medical circumstances and the decisions made by you and your health care professionals as to what services you will receive; if the services you receive are different from the services in the care path, the cost estimates based on the care path may vary from the cost for the services you receive;
- Where you receive services (for instance, if you receive services in a hospital and your estimate was based on services received in a health care provider’s office or outpatient facility, the services may cost more than the estimate);
- If you change plans or enter a new plan year between the time you get the estimate and when you actually receive health care services;
- Even within a given plan year for a given benefits plan, your benefits plan information (such as your outstanding deductible or whether you have satisfied your out-of-pocket maximum) may be impacted by health care services you have already received but for which we have not yet received or processed a claim;
- Changes in the fee schedule or coverage, if your cost estimate is specific to a particular health care facility or professional (generally, it is more expensive for you to receive services from non-network facilities or professionals than from those who participate in our network);
- If you have a unique plan design that is not currently supported by the Services;
- If a care path includes anesthesia services, your cost estimate reflects costs based on the use of a network anesthesia provider. Your actual costs may differ if you receive anesthesia services from an out-of-network provider;
- Your plan type is not fully supported by the Find Care and Cost Tools; and/or
- Your plan’s classification of preventative care service.
Please note that other health care services may be provided to you that are medically necessary and appropriate as part of procedures for which you may have searched for an estimate, but of which you or your health plan may not be aware at the time of your inquiry and for which you may have additional financial responsibility.
No Guarantee on Information or Services Provided
We may use a number of different sources (such as information provided by you, your health insurance carrier, or information we obtain from other data sources available to us) to display information that we believe may be relevant to you or your search query. We can’t (and we don’t) guarantee that the information you see will be accurate, complete, or up-to-date. No information provided through the Services guarantees plan eligibility, coverage, or payment, or determines or guarantees the benefits, limitations or exclusions of your coverage under your health plan. You should refer to your coverage documents and contact your health plan for details concerning your coverage, and you should contact your provider to confirm whether they are in-network. State variations in your health plan may impact the estimates available through the Services.
We may make available the ability for you to schedule an appointment with your selected health care provider through the Find Care and Cost Tools. Scheduling services are provided as a convenience and may not be available or accurate. Please confirm any appointment scheduled through the Find Care and Cost Tools with your health care provider. We are not responsible for any loss or liability that may arise, directly or indirectly, from any scheduling failure, including without limitation any missed appointment fees, other fees and/or costs assessed by your health care provider related to scheduling, and/or any loss that arises from your inability to see your health care provider.
Costs Not Covered by Your Plan
You will be responsible for the cost of procedures or services, some of which may be covered in whole or in part or not at all by your health plan. We are not responsible for those costs. You should check with your provider and health plan to determine whether procedures, services, or medication are covered by your health plan.
Always seek the advice of a financial advisor when making decisions that may have tax implications.
No Changes Effected
Use of the Services in no way increases or decreases the benefits under your health plan or employer’s benefit plan. Your coverage documents will control in the event of their inconsistency with the Services.
Provider Listings; Rankings, Ratings and Designations Are Only A Guide
We update our directory periodically, and your search results might include health care providers who recently terminated their participation in your plan’s networks. Some providers may have multiple offices, and may be in-network at one location but not others. Similarly, not all providers at listed facilities (hospitals, surgical centers, etc.) are in-network providers. Please check with your provider before scheduling an appointment or receiving services to confirm whether they are in-network.
You should not assume that a provider identified as having performed a certain procedure or treated a certain condition is necessarily an expert in that procedure or treatment. In addition to the other considerations referenced in these Terms or Service, you should talk with your chosen provider to understand their qualifications and specialties.
Third Party Reviews and Comments
We do not endorse or recommend any particular provider; the Services simply provide information that might be relevant to you or your search query. We may display comments, reviews and/or ratings of providers or facilities provided by third parties. These rankings, designations, comments, reviews and ratings are for general informational purposes only and reflect the views of the third parties providing them (and not the views of Rally). They also have a risk of error, and should not be the sole basis for selecting a health care provider. We do not guarantee the accuracy or quality of any such rankings, designations, comments, reviews or ratings, and we are not responsible for them. There are many factors that you should consider when making a choice of health care provider. If you already have a health care provider, you should consider conferring with that professional for advice on selecting other health care providers.
Pre-Authorizations and Referrals
Pre-authorizations or referrals may be required for certain health plans and certain health care providers. You should refer to your health plan coverage documents and contact your health plan to determine whether these requirements apply to you.
Other Factors Are Important
While cost and quality information may be emphasized on the Services, many other factors impact the selection of providers. These may include, for example, established provider relationships, network considerations, primary care referrals, and/or health plan design. The Services are intended to provide you with additional information that enables you to make an informed decision about your health care. You should weigh all of your options when choosing a health care provider. You may also want to interview that provider, review the provider’s training, certifications and other credentials, and ask your family and friends for their opinions.
The cost estimate tool groups together, into “care paths,” one or more services that may be delivered together to address a particular medical problem. The descriptions of different care paths, and the inclusion of particular services in a care path, are not medical advice that any particular care path is the right treatment for you, or that you should not get a service that is not included in a given care path. All of those matters are things that you should decide in consultation with your health care professionals. A care path is merely an example of the service(s) that may be ordered to treat a specific condition. Your treatment plan may differ from the displayed care path, so the cost estimates may not be applicable to the treatment recommended by or provided by your health care provider.
DO NOT AVOID SEEKING OR OBTAINING HEALTH CARE BASED ON THE COST ESTIMATE OR OTHER INFORMATION OBTAINED THROUGH THE SERVICES.
State Specific Notifications: Without limiting the foregoing, and in addition to the other terms and conditions in these Terms of Service, and any Additional Terms, please be advised of the following:
- California Residents: Our cost estimate tool is not intended to be and should not be relied upon for purposes of obtaining any cost estimates under California law. Individual facilities or health care providers may disagree with the methodology used to define the cost ranges, the cost data, or quality measures. Many factors may influence cost or quality, including, but not limited to, the cost of uninsured and charity care, the type and severity of procedures, the case mix of a facility, special services such as trauma centers, burn units, medical and other educational programs, research, transplant services, technology, payer mix, and other factors affecting individual facilities and health care providers.
- Connecticut Residents: Our cost estimate tool is not intended to be and should not be relied upon for purposes of obtaining any cost estimates under Connecticut law. Connecticut residents seeking a cost estimate should contact the customer or member services phone number listed on your health plan identification (ID) card or on your health plan’s website.
- Massachusetts Residents: Our cost estimate tool is not intended to be and should not be relied upon for purposes of obtaining any cost estimates under Massachusetts law. Massachusetts residents seeking a cost estimate for purposes of Massachusetts law should instead contact the customer or member services phone number listed on your health plan identification (ID) card or on your health plan’s website.
- Minnesota Residents: Our cost estimate tool is not intended to be and should not be relied upon for purposes of obtaining any cost estimates under Minnesota law. Minnesota residents seeking a cost estimate for purposes of Minnesota law should instead contact the customer or member services phone number listed on your health plan identification (ID) card or on your health plan’s website.
- New York Residents: Our cost estimate tool is not intended to be and should not be relied upon for purposes of obtaining any cost estimates under New York law. New York residents seeking a cost estimate for purposes of New York law should instead contact the customer or member services phone number listed on your health plan identification (ID) card or on your health plan’s website.
- Oregon Residents: Our cost estimate tool is not intended to be and should not be relied upon for purposes of obtaining any cost estimates under Oregon law. Oregon residents seeking a cost estimate for purposes of Oregon law should instead contact the customer or member services phone number listed on your health plan identification (ID) card or on your health plan’s website. In the event that any cost estimate you receive differs from the actual cost of the procedure or service, and you would like an explanation or if you have additional questions, please contact the customer or member services phone number on your health plan ID card or on your health plan’s website. If you need help with an insurance question or complaint, then you may contact the Consumer Advocacy Unit of the Oregon Department of Consumer and Business-Insurance Division at (888) 877-4894 (toll free), P.O. Box 14480, Salem, OR 97309-0405, website: insurance.oregon.gov, or email: email@example.com.
- Texas Residents: Our cost estimate tool is not intended to be and should not be relied upon for purposes of obtaining any cost estimates under Texas law. Texas residents seeking a cost estimate for purposes of Texas law should instead contact the customer or member services phone number listed on your health plan identification (ID) card or on your health plan’s website. Please note that the actual payment and charges for health care services or supplies will vary based upon your actual medical condition and other factors associated with performance of medical services.
- Washington Residents: Our cost estimate tool is not intended to be and should not be relied upon for purposes of obtaining any cost estimates under Washington law. If you are looking for external patient review sites to provide a rating and/or feedback on your experience with a provider – in addition to those found on our site – please visit the following: Healthgrades.com, Yelp.com, etc. To access information on malpractice history and disciplinary actions for providers, please visit the Washington State Department of Health website and use the Provider Credential Search under Licenses, Permits and Certificates.
- Wisconsin Residents: Our cost estimate tool is not intended to be and should not be relied upon for purposes of obtaining any cost estimates under Wisconsin law. Wisconsin residents seeking a cost estimate for purposes of Wisconsin law should instead contact the customer or member services phone number listed on your health plan identification (ID) card or on your health plan’s website.
VI. Terms for Coaching Tools
We may provide certain coaching tools, wellness classes, and focused programs that assist you and provide generalized advice to help you achieve your lifestyle goals, including without limitation, weight management, smoking cessation, improving sleep and diabetes prevention and management (collectively, the “Coaching Tools”). These terms apply to your use of the Coaching Tools. Certain Coaching Tools are also subject to additional terms and disclaimers that may be included in or displayed in close proximity to the specific Coaching Tool, which are incorporated by reference into these Terms of Service.
One Coaching Tool, with online weight loss and diabetes prevention programs, is offered by our subsidiary Real Appeal, Inc. (the “Real Appeal Program”). If you participate in one of the Real Appeal Programs, you may have access to services and tools to support lifestyle changes dedicated to weight loss and type 2 diabetes prevention, such as online wellness coaching, a community weight loss team, and tools to track your weight, weight loss goals, glucose levels, food intake and/or physical activity. If you use the Real Appeal Program, please note that no individual's results should be seen as typical. Causes of being overweight, obese and/or diagnosed with type 2 diabetes vary from person to person. This means that your weight loss results will also vary and participation in the diabetes prevention program is not a guarantee that you will not be diagnosed with type 2 diabetes in the future.
We may also offer smoking cessation programs, such as the “Quit for Life Program” or certain state sponsored Quit Services. If you participate in one of our smoking cessation programs, you may have access to services and tools to support the reduction and/or cessation of smoking, vaping, chewing, or other nicotine or tobacco use. This may include smoking cessation program coaches who may be available to communicate with you to help you achieve your goals.
Eligibility to participate in Coaching Tools is determined by your health plan or employer. Coaching Tools are only offered to members of participating health plans who are 18 years or older; provided, however, that members of participating health plans who are 13 years of older may, with parental consent, participate in the Real Appeal Program or our smoking cessation programs. By using or otherwise accessing the Coaching Tools, you warrant that you meet the age requirements for that program.
No Medical Advice
The Coaching Tools have not been evaluated by the Food and Drug Administration, and are not intended to be used to diagnose or cure any disease or condition. The Coaching Tools are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Trackers provided in the Coaching Tools, such as the nutrition tracker in the Real Appeal Program, the glucose tracker in the Living With Diabetes program; and smoking cessation programs, are provided solely as tools to assist you in your wellness journey and are not intended to, and should not replace, professional medical advice and/or guidance.
Group Coaching Sessions
The Coaching Tools may include group coaching sessions where a coach, nurse, or other individual provides generalized information regarding wellness issues. By participating in a group coaching session, you understand and agree that you will be identified by your first name and last initial and any information you submit through the chat function will be viewable by all members of the group, regardless of whether members are actively participating. Please take care in what you share and share only that information that can be shared with other group members. We cannot control how group members use and share the information obtained from group coaching sessions.
Rights Granted to You
Subject to these terms, Rally grants to eligible users a personal, non-transferable, non-sub-licensable, non-exclusive, revocable, limited license to use the Coaching Tools and content therein solely for your personal, lawful and noncommercial use. Rally reserves all rights not expressly granted herein, and Rally may terminate this license at any time for any reason. If you breach any of these terms governing the Coaching Tools, this license will terminate immediately. Upon any termination of this license you must stop using the Coaching Tools and all content therein, and you must return or destroy all copies, including electronic copies, of content from the Coaching Tools in your possession or control.
VII. Terms for One Pass
If you sign up for One Pass, the following terms apply to you. One Pass is a comprehensive fitness benefit that uses a single digital platform to provide members with tiered fitness memberships at participating gym/fitness locations, in-person and virtual wellness programs, classes, clubs and events provided by our network of providers (each, a “One Pass Partner”). Some subscription tiers include additional benefits, such as grocery delivery services. Unless otherwise noted, your membership does not include fee-based additional services that may be offered by a One Pass Partner, such as personal training sessions and specialized classes and/or events. We may update the list of participating One Pass Partners from time to time and One Pass Partner’s membership offerings may vary by location.
Use your unique member code available on your Dashboard to access all One Pass program services. Simply present your member code when visiting or accessing a digital fitness provider, gym, fitness location, or other provider within the One Pass network to receive access at your selected membership tier. One Pass Partners may require you to enter into and accept their respective terms and policies to utilize their services. YOU AGREE THAT RALLY IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE SERVICES OR INFORMATION PROVIDED BY ONE PASS PARTNERS, THE CONTENT ON ANY LINKED SITE, OR FOR ANY INJURIES YOU MAY SUSTAIN WHILE PARTICIPATING IN ANY ACTIVITIES OFFERED BY, OR ON BEHALF OF, A ONE PASS PARTNER.
One Pass Select Subscription Terms
Eligibility. Members enrolled in a participating insurance or benefits plan are eligible for One Pass Select. Members may also invite up to four family members to receive access to One Pass Select. Your eligibility for One Pass Select may change or terminate if you change or terminate your current insurance or benefits. Family members' access is based on the primary member's eligibility. If you become ineligible for continued membership, your One Pass Select subscription and any family members' subscription will automatically terminate at the end of your then-current billing period.
Subscription Term and Fees. When you sign up for a new One Pass Select subscription, your membership begins instantly. You will be charged for the full calendar month on the day you sign up. When you change tiers within One Pass Select, you will be charged the new tier price on the 1st of the following month after signing up and you will begin receiving access that month. Your subscription will continue and automatically renew on a recurring monthly basis and you will be charged the subscription fee for your tier on the 1st of each month until you cancel your subscription as set forth below. The primary member will receive a separate invoice for each family member subscription. Rally reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of the next billing period following the date of the change. You will receive advance notice of these changes, but we will not be able to notify you of changes in any applicable taxes.
Payment Method. You will be required to provide a credit card or other payment method accepted by Rally. We will charge your payment method a monthly subscription fee on a recurring basis on the 1st of each month that you have an active subscription, plus any applicable taxes. You are solely responsible for any and all fees charged to your payment method, including family member subscription fees. You can change your payment method by logging on to your account and viewing your membership profile page.
Billing Period. The billing period is the first of the month through the last day of the month. Note, if you sign up on or after the 1st of the month, you will be charged for the full calendar month.
Membership Tiers. You will be asked to select a membership tier at the time you sign up for One Pass Select and for any family members that you add to your subscription. Once you have signed up, you can change your membership tier and any family member tier at any time. Changes made before the 1st of the month will take effect on the 1st of the following month. Changes made on or after the 1st of the month will be charged on the 1st of the next month and will be effective on the 1st day of the month following the charge date.
Cancellation and Refunds. You can submit a subscription cancellation request at any time by logging in to your account and clicking the Change Membership button on your membership profile page. You must cancel at least thirty (30) days in advance of the following month’s charge date (the 1st of the month) for your cancellation to be effective at the end of that month.
Payments are nonrefundable. If you cancel, modify your subscription, or if your account is otherwise terminated, you will not receive a credit, including for partially used subscription terms.
One Pass Select Family Membership Terms
If you have been invited to a One Pass Select family membership, the following terms apply to you. Your access to One Pass Select is subject to the primary member’s eligibility and continued payment. If the primary member’s eligibility changes or payment is canceled, your access will be terminated according to the One Pass Select Subscription Terms. The primary member is responsible for your tier and billing of your subscription If you have any issues with your access to One Pass Select, the primary member will need to contact customer service to resolve.
Although this isn’t really a term of service, we do want to provide attributions to third parties from whom we borrowed content. The Services include GeoLite2 data created by MaxMind, available from http://www.maxmind.com and data from GeoNames, a geographical database of all countries and place names, available from http://www.geonames.org/. The Rally health survey may include questions from the Veterans RAND 12 Item Health Survey. That survey was developed from the Veterans RAND 36 Item Health Survey, which was itself developed and modified from the original RAND version of the 36-item Health Survey version 1.0 (also known as the “MOS SF-36”).
IX. That’s about it...
If you have questions about any of our rules or guidelines, please do not hesitate to contact us. We will be glad to help in any way that we can. You can reach us at firstname.lastname@example.org.
Thank you for being part of Rally, and for making our community a helpful, supportive place!