SERVRTW

Terms of Use

Overview

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN VALUABLE INFORMATION REGARDING YOUR LEGAL RIGHTS, INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. BY USING THE SITE OR ANY ONLINE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SITE OR THE ONLINE SERVICES FOR A FEE OR OTHERWISE.

Acceptance of Terms of Service

Each time you access and/or use our site or services, you agree to be bound by these Terms of Service and any additional terms that will apply prospectively to you. You agree to accept notice of posting the new terms via our site on which you accessed these terms. The Additional Terms include, but are not limited to, sales agreements, receipts, license agreements, supplementary user agreements, and the Privacy Policy and other agreements (collectively, “Additional Terms”). The Additional Terms are hereby incorporated by reference into these Terms (if there is any conflict between the Additional Terms and these Terms, the former shall prevail). ServRTW, Inc. (the “Company”) reserves the right to change these Terms, and/or the products, services, prices, and programs mentioned in this website, at any time, at its sole discretion, without notice. The Company reserves the right to seek all remedies available by law and in equity for any violation of these Terms. Any rights not expressly granted herein are reserved.

Fees charged to Use the Company’s Software and Return to Work Tools

The information gathering, exchange and storage services provided pursuant to the Company’s return to work tools and related Software are priced on a per-user-per-month tiered basis as detailed in the sign-up page The fee charged for access to our services is nonrefundable and is payable in advance for one year at the time of signing up for the service. Credit card and related payment information will be maintained on file in a secure and encrypted manner, available for automatic upgrades or automatic renewals at the end of each service year. As detailed on the sign up page of our website, users sign up for the appropriate tier which corresponds to how many users they are going to have accessing our return to work Software on a monthly basis. Usage is automatically tracked by our Software on a per account basis. If the number of users exceeds the tier for which the user is registered, ServRTW will automatically upgrade that user’s account to the next highest tier until the end of the current one-year term. Acceptance to these Terms represents an explicit authorization for the Company to proceed with that charge. Further, renewals will be processed at whichever tier the user is currently on at the end of that annual term. Cancellations must be received prior to the Company processing the auto-renewal at the end of the annual term as described above.

Use of Content; Restrictions; Privacy Statement

Unless otherwise indicated in the relevant content, and on the condition that you comply with all of your obligations under these Terms of Use, you are authorized to view, copy, print, and distribute (but not modify) the content on this Website; provided that (i) such use is for informational, non-commercial purposes only, and (ii) any copy of the content that you make must include the copyright notice or other attribution associated with the content.

You are not authorized to copy or use any software, proprietary processes, or technology embodied or described in this website.

You will comply with all applicable laws in accessing and using this Website. You acknowledge that we may use your personal information and data according to our Privacy Statement and Cookie Notice, which are incorporated herein by this reference. You hereby agree to the terms of our Privacy Statement and Cookie Notice, including any obligations imposed on you therein.

Medical Disclaimer

The Company has created and compiled the content on its websites for your information and use. This information is not intended to replace or modify the medical advice of your doctor or health care provider. Please consult your health care provider for advice about a specific medical condition. Please remember that the information and content, in the absence of a visit with a health care professional, must be considered as an informational/educational service only and is not designed to replace a physician's independent judgment about the appropriateness of risks of a procedure or condition for a given patient. And by using the tools provided by the Company, including but not limited to its Software as defined below, you expressly and unconditionally authorize the Company to share information you have provided our Company to your employer or principal for the purpose of assisting your employer (or principal) in operating with best practices in mind in an effort to ensure you and your job place colleagues are not a health risk to each other and invitees at your place of work.

Permitted Uses

If you are using this website on behalf of your employer, you represent that you are authorized to accept these terms and conditions on your employer’s behalf. Further, you acknowledge that you are 13 years of age or older, and, if under the age of 18, are using this website under the active supervision of a parent, legal guardian, or other responsible adult. Children under the age of 13 are not allowed to use this website or transmit or otherwise submit personal information to the Company.

Any software that is made available to download by or through use of this website (“Software”) is the copyrighted work of the Company and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for downloading and/or use solely by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent permitted under law and equity.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE AND ANY RELATED SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Any Software which is downloaded from this website for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is ServRTW, Inc., 1850 N. Central Avenue, Suite 1000, Phoenix, Arizona 85004.

You may download, view, copy, and print documents incorporated in these documents (the “Documents”) from this website subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, or distribute any information from this website in whole or in part without the express written authorization of the Company. Documents specified above do not include the design or layout of this website or any other Company owned, operated, licensed, or controlled website. Aspects and elements of the Company’s websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from any Company website may be copied or retransmitted unless expressly permitted in writing by the Company.

Copyright Protection, Notice, and Procedure for Making Claims of Copyright Infringement

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe any content on our site is infringing upon your copyright, please send a copyright infringement notification to Sharecare in accordance with the terms below.

To be effective, the notification must be a written communication must:

  1. Include a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.
  2. Identify 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.
  3. Identify 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. Providing URLs in the body of an email is the best way to help us locate content quickly.
  4. Include 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
  5. Include 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. Include 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.
  6. Be delivered to: ServRTW, Inc. Attn: Legal 1850 N. Central Ave. Suite 1000 Phoenix, AZ 85004

To expedite our ability to process your request, such written notice should be sent via email at RTWinfo@ServRx.com.

Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.

We may give notice to our users by means of a general notice on any of our websites, electronic mail to a user's e-mail address in our records, or written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below.

To be effective, the counter-notification must be a written communication that includes the following:

  1. Your physical or electronic signature.
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Disclaimers and Limitations of Liability

This website (including without limitation any content or other part thereof) contains general information only, and we are not, by means of this website, rendering healthcare/medical, professional advice or services. Before making any decision or taking any action that might affect your health, finances, business or employees, you should consult a qualified professional advisor. The ServRTW tools and web-based platform represent informational tools which the end-user may utilize to enhance the management of its operations and employees in this new post-COVID world. But to be clear, we are not providing any medical or health related opinions in any form or manner. Our tools should be used in conjunction with other tools and information, including but not limited to the learned advice of qualified medical and legal professionals, as you manage your business operations and look to best ensure the safe operation of your business with all available risk mitigation tools at your disposal.

This website is provided as is, and we make no express or implied representations or warranties regarding it. Without limiting the foregoing, we do not warrant that this website will be secure, error-free, free from viruses or malicious code, or will meet any criteria of performance or quality. We expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a purpose, non-infringement, compatibility, security, and accuracy.

Your use of this website is at your own risk and you assume full responsibility and risk of loss resulting from your usage, including, without limitation, with respect to the operation of your business, the management of your workforce and the loss of service or data. We will not be liable for any direct, indirect, special, incidental, consequential, or punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort (including, without limitation, negligence), or otherwise, relating to or arising out of the use of this website, even if we knew, or should have known, of the possibility of such damages.

Certain links on this website may lead to websites, resources or tools maintained by third parties over whom we have no control, including, without limitation, those maintained by other entities within the ServRTW network or individual personnel of such entities. Without limiting any of the foregoing, we make no express or implied representations or warranties whatsoever regarding such websites, resources and tools, and links to any such websites, resources and tools should not be construed as an endorsement of them or their content by us.

The above disclaimers and limitations of liability shall be applicable not only to us, but also to each other entity within the ServRTW network and to our and their respective personnel and any contractors or other representatives.

The above disclaimers and limitations of liability are applicable to the fullest extent permitted by law, whether in contract, statute, tort (including, without limitation, negligence) or otherwise.