PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE.
Solutran, Inc. (“Solutran”) welcomes you to Healthy Savings Program (“HSP”). We are committed to providing you with the best possible value, convenience and service. Before you start using HSP, you must read and agree to these terms and conditions for providing this service to you (“Terms of Service”). Thank you.
Solutran is engaged in the business of processing financial payments in the private and public sector. Solutran developed the HSP to promote consumer purchases of healthy food products.
To implement the HSP and similar programs, Solutran invented a new technology called S3 Technology, which utilizes a bar-coded card and key fob, printed page or smart-phone display to facilitate and incentivize consumer purchases on behalf of Solutran’s clients. The HSP uses S3 Technology to provide participants with a means of receiving discounted pricing on healthy food products at participating retailers.
Health insurance providers, employers, charitable organizations and government agencies (“HSP Sponsors”) contract with Solutran to allow participation in the HSP using this website (“Site”) and Solutran’s S3 Technology (collectively, “Service”).
HSP Sponsors may optionally provide designated participants with a sum of funds available to discount and/or purchase fresh produce at participating retailers (“Fresh Produce Discount & Rewards”).
If the Service is provided to you by your employer, please take special note of the income tax consequences of Fresh Produce Discounts & Rewards, described below.
If your eligibility for the Service ends, your access to the Service will continue through the end of the calendar month in which your eligibility ended. Thereafter, you will not be able to use the Service, unless your access is extended based on the availability of remaining Fresh Produce Rewards, as described below.
If you have any questions about the Terms of Service, please feel free to contact us through our website or write to us at:
13305 12th Avenue North
Minneapolis, MN 55441
No Access for Unsupervised Minors
You must be at least 18 years old to use the Service without supervision. If you are at least 13, you may use the Service only in conjunction with, and under the supervision of, your parent or guardian. If you are under 13, your parent or guardian may use the Service on your behalf. If you do not qualify, please do not use the Service.
Permission to Use the Site
You have the right to access and make personal use of the Service. By doing so, you agree that you will access and use the Service only for personal lawful purposes.
The Terms of Service govern your access and use of both the publicly available portion of the Site and the password protected or secure areas of the Site.
If you violate any of the Terms of Service, your access to the Site and use of the Service terminates and you must immediately destroy any copies of their content that you possess or are that are within your control.
Charges for Using Site or Service
Solutran currently provides the Service to you free of charge. However, if you use the Service, you may be subject to charges imposed by your wireless or other applicable provider. Payment of such charges is solely your responsibility.
Electronic Communications from Solutran
By using the Service, you consent to receiving electronic communications and notices from Solutran. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Use of Information Submitted to Solutran
Any comments, information or ideas that you submit to us regarding the Service are welcome, but we will treat them as non-confidential and they will become the property of Solutran. Solutran’s ownership rights to those comments, information or ideas includes, but is not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Service or other products or services, based thereon.
Access to Site
Solutran provides access to portions of the Site without the need to register. For other password protected or secure areas of the Site, you are required to register as a user and establish an account.
You agree to provide true, accurate, current and complete information through the account registration process. You also agree to update your account information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that the information you provide is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse to allow you to make any further use of the Site and the Service.
Restrictions on Use of Site and Service
Access to and use of password protected or secure areas of the Site is restricted to authorized users only. You may not allow any other person to use your username, password or account at any time. You must notify us immediately of any unauthorized use of your username, password or account and any other breach of security. We are not liable for any loss you may incur because of someone else using your username, password or account, with or without your knowledge.
By using the Service, you agree not to (1) upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service; (2) interfere with the servers or networks connected to the Service or to violate any of the procedures, policies or regulations of networks connected to the Service; (3) impersonate any other person while using the Service; (4) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Service; (5) use the Service for any unlawful purpose; or (6) resell or export the software associated with the Service.
Solutran does not promote, recommend or condone use of the Service during certain activities, such as automobile driving, where there is a significant risk of accident. You agree not to use the Service during such activities.
We may terminate your access to the Site and the Service without prior notice, in our sole discretion, at any time, and we are not liable for any such termination.
Site and Service Content Disclaimer
The content on the Site and other information provided by the Service is intended to encourage healthy eating by its users. The content on the Site and otherwise provided by the Service may include information provided by third parties. For such content, Solutran is merely a distributor and not a publisher. Solutran does not endorse any particular product, service or opinion that may be represented in connection with the Service.
While we strive to obtain accurate product information, we cannot guarantee or ensure the accuracy, completeness or timeliness of any product information. We recommend that you do not solely rely on the information presented on the Site or provided by the Service and that you always read labels, warnings, and directions and other information provided with the product before using or consuming a product. If you have specific nutrition or dietary concerns or questions about a product, or for additional information, please consult the product's label and/or contact the manufacturer directly. Solutran assumes no liability for inaccuracies or misstatements about products.
Information related to health and nutrition on the Site or otherwise provided by the Service is intended to be general in nature. It is not intended to be a substitute for seeking professional medical advice or care. You should present all your specific medical or health-related questions or concerns to your health care professional.
Reliance on the content of the information provided by the Service is solely at your own risk.
Links to Other Sites
Legal Disclaimer and Limitation on Liability
ACCESS TO THE SITE AND USE OF THE SERVICE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS.
SOLUTRAN AND ITS RESPECTIVE AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, VENDORS, CONTRACTORS, CONTENT PROVIDERS, RETAILERS AND CONSUMER PRODUCT PARTNERS (COLLECTIVELY, “SERVICE-RELATED PARTIES”) DO NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION FURNISHED ON THIS SITE OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE SERVICE-RELATED PARTIES DISCLAIM ANY REPRESENTATION OR WARRANTY THAT ANY INFORMATION ACCESSIBLE ON THE SITE OR OTHERWISE PROVIDED BY THE SERVICE IS ACCURATE, COMPLETE, OR CURRENT OR THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICE-RELATED PARTIES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT POSTED ON THE SITE OR OTHERWISE PROVIDED BY THE SERVICE. SUCH INFORMATION DOES NOT CONSTITUTE MEDICAL ADVICE OR CARE.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND THE SERVICE. IN NO EVENT SHALL THE SERVICE-RELATED PARTIES BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SERVICE-RELATED PARTIES SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE OR ANY THIRD PARTY SITE. TO THE FULLEST EXTENT OF THE LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE SERVICE-RELATED PARTIES FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE OR ITS CONTENT.
Some states do now allow the forgoing warranty and damage limitations, so the forgoing language may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.
You agree to indemnify and hold the Service-Related Parties harmless from and against any losses, damages, claims, and expenses (including reasonable attorneys’ fees) arising out of or related to any use of the Service or any violation of these Terms of Service (including negligent or wrongful conduct).
Release of Employer Liability
You agree that your HSP Sponsor shall not be subject to any claims, whether in contract, tort, or otherwise, based on your use of the Service. You agree that your employer shall not be liable for any direct, indirect, consequential, special, exemplary or other damages that may result from your use of the Service, and you agree that your employer is an intended beneficiary of your promise to release your employer from liability.
Taxation on Fresh Produce Discounts or Rewards Provided by Employers
The value of Fresh Produce Discounts & Rewards funded by your employer under contract with Solutran and provided to you by the Service may constitute income to you for state, federal and local income tax purposes. Solutran will report the value of the benefits received by each participant to employers at the end of each calendar year, if they request the information. Your employer is responsible for requesting the information and reporting that income to you on your W-2 Form.
If you accept any Fresh Produce Discounts & Rewards using the Service, that acceptance also constitutes your agreement that Solutran is released from any and all liability regarding the taxation of those benefits.
Effect of Termination on Fresh Produce Rewards
If your eligibility for the Service ends, your access to Fresh Produce Discounts from your employer will terminate at the end of the calendar month in which your eligibility ended. You may continue to use all other HSP benefits, including your remaining Fresh Produce Rewards until that time. Thereafter, your access to the Service will terminate, unless you have remaining Fresh Produce Rewards at that time. In that case, Solutran will assess a One Dollar ($1.00) per month fee against the Fresh Produce Rewards balance to maintain your access to the Service. Once your Fresh Produce Rewards balance is exhausted, either by your use or the Solutran monthly fee, your access to the Service will be terminated.
Right to Monitor Site and Terminate Access
Solutran has the right, but not the obligation, to monitor any activity on the Site. Solutran may, without notice to you: (1) disclose information from the Site to any third party, including law enforcement agencies, to protect its rights and property in response to legal process, or in a good faith belief that disclosure is justified or required, or in an emergency situation; (2) investigate any reported violation of its policies and complaints, and take any appropriate action it deems appropriate at any time, including without limitation, suspension or termination of access and/or use of the Site and Service; and (3) in its sole discretion and at any time, discontinue providing or limit access to the Site or the Service.
Change in Service
Solutran reserves the right to change or discontinue any discount, service, or product made available through the Service at any time and without any notice to you.
Ownership and Intellectual Property
All right, title and interest in and to the Site, including but not limited to the design, selection, arrangement, and “look and feel” of content, are and shall remain the intellectual property and copyrighted works of Solutran, and all rights not expressly granted to you with respect to the Site and Service shall be expressly reserved by Solutran.
Except as expressly stated in these Terms of Service, neither the Site, nor any part thereof, may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted or distributed in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of Solutran.
The content on the Site is protected by copyright, trademark and/or other proprietary rights of the Service-Related Parties. They reserve all rights, including copyright, to all content on the Site. Any use of the content on the Site not expressly permitted by the Terms of Service is a breach thereof and may violate copyright, trademark and other laws. All rights not granted by the Terms of Service are reserved to the Service-Related Parties. To obtain permission to use the content other than as expressly provided in the Terms of Service, submit your request in writing to the address provided above at the beginning of the Terms of Service.
Choice of Law
You agree that these Terms of Service or any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between you and the Service-Related Parties arising from or relating to these Terms of Service, their interpretation or breach, termination or validity, the relationships which result from these Terms of Service, the Service or any related transaction shall, to the maximum extent permitted by applicable law, be governed by the laws of the state of Minnesota, without regard to its conflicts of laws rules.
Any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) between you and the Service-Related Parties arising from or relating to these Terms of Service, their interpretation or breach, termination or validity, the relationships which result from these Terms of Service (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to these Terms of Service), the Service or any related transaction shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association, JAMS or the National Arbitration Forum, in accordance with their applicable rules, or any other established alternative dispute resolution provider mutually agreed upon by the parties.
The arbitration will be limited solely to the dispute between you and the Service-Related Parties. Neither you nor any of the Service-Related Parties shall be entitled to join or consolidate claims by or against other customers or arbitrate any claim as a representative or class action or in a private attorney general capacity.
Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay its own costs and attorneys' fees. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
Limitation of Actions
Any claim or cause of action arising out of or related to your use of the Service must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.
Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision.
If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
The provisions of these Terms of Service survive the expiration or termination of your access to the Service.
Terms of Service Changes
If we change the Terms of Service, we will post those changes here and revise the Effective Date accordingly. You can review the most current version of it by clicking on the "Terms of Service" link located at the bottom of the HSP website, http://www.MyHealthySavings.com. The most current version will supersede all previous versions. Your continued use of the Service after any revision means that you accept the updated Terms of Service.
May 1, 2015