PRIVACY STATEMENT
By accessing this web site, You agree to be bound by the terms and conditions of use appearing below and on sub-links therein, such use being conditioned on your acceptance. You are further stating that you are 18 years of age or older and accept the binding arbitration and limitations of damages clauses below along with all other terms and conditions (“Terms”) listed herein. If you do not agree with any of these terms please do not access the site.
The materials on this web site are the property of Wellpoint Health Solutions. (Hereinafter “WHS” or “We” or “us” or “Our”) and all rights are reserved. You are hereby authorized to view, copy, print, and distribute these materials subject to the following conditions:1. any copy of these materials or any portion thereof must include the above copyright notice using text at least as large as all other material and must be discernible from all views; and 2. WHS may revoke or modify any of the foregoing rights at any time. You also expressly agree that you will not use any robots, spiders, or other automatic or manual device or process to interfere or attempt to interfere with the proper working of our website, nor act as a conduit for others to effect the same result. The site is for your personal use only. You agree to not Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Intuit) or engage in spamming or flooding; or Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.
This web site contains information that is patented and/or trademarked and/or copyrighted by WHS. All rights are reserved. Copyright 2020. Errors in the description, photography, or typographical errors as well as any modifications to the site in general or to these terms and conditions are subject to correction or change at the sole discretion of WHS. No license to use or reproduce any of these trademarks or other trademarks on this web site is given or implied. All other brands and product names are the trademarks of their respective owners. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the website. All trademarks, service marks and trade names of WHS used in the website (including but not limited to the Yay BMI CALC name, the Yay BMI CALC in a logo design, are trademarks or registered trademarks of WHS. They may not be used without WHS’s prior written permission. Any other intellectual property in the website, including but not limited to patents, issued or pending, are the sole property of WHS and/or its licensors.
WHS provides information and various other online related products and/or services. Some of these services are provided by WHS, while others are provided by unrelated third parties (“Third Parties”). If you purchase of any products and/or services from a third party, then it shall be subject to a separate agreement between you and WHS or between you and a Third Party (each, a “Separate Agreement”). If you are a party to a Separate Agreement with WHS or any Third Party, in the event of a conflict between any of the terms and/or provisions of these Terms of Use and any Separate Agreement, the terms and provisions of this Agreement shall control. Furthermore, WHS is not a party to any Separate Agreement that you may enter into with a Third Party.Nothing in the Site constitutes an offer, promise or otherwise, either to make a specific service or product available to you or that any Third Party will make any service or product available to you. Certain services or products may only be provided to residents of states where WHS or the associated third parties are licensed. All offers will be made in writing and directly to you only after you have provided us the required information.
By providing information about yourself through this Site, you agree that WHS or a Third Party may contact you by telephone. By providing your information YOU ARE PROVIDING YOUR EXPRESS CONSENT TO RECEIVE TELEPHONE CALLS FOR THE PURPOSES DESCRIBED HEREIN AND UNDERSTAND WHS YOUR PROVIDING US INFORMATION ABOUT YOURSELF DOES NOT MEAN THAT WE ARE OFFERING YOU A PRODUCT OR A SERVICE.
When you visit WHS’s site, send us emails or call us you are communicating electronically and concomitantly agree that we or our affiliates may communicate with you electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Digital Millennium Copyright Act U.S. Code Title 17 § 512 (DMCA) requires a designated agent available for notification by third parties. WHS hereby designates the following person and the methods of communication for that person:
Address: 95 Post Office Park, Suite 9523, Wilbraham, MA 01095
Phone: +1 413-258-0010 Fax: +1 202 938 0999
Email: behealthy@wellpointhealthrd.com
NOTE: YOU MUST or we will take NO ACTION
Please use at least 2 of the above notification methods and more if you need action taken quickly.
Provide a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identify the right that has been infringed.
The location on our site that the infringement of that right has occurred and exactly what you want removed or taken down.
Information reasonably sufficient to permit us to contact you.
A statement that you or the party you represent has a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.
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.
Knowing misrepresentation of any of the above facts shall make the misrepresenting party liable for all damages, including costs and attorney’s fees. If all of the above terms have been followed exactly then we will:
Take down, remove or disable the complained of material and investigate the matter fully. If we believe there has not been an infringement we reserve the right to put the material back up if after notification to you, you can not substantiate your claims.; UNLESS
We receive notice from you or your representative that an action has been filed seeking a court order restraining the use of the complained of material.