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TERMS OF SERVICE

PLEASE READ THIS DOCUMENT CAREFULLY.  IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.  IT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE.
 
Welcome
 
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.
 
General Information
 
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”).
 

  1. Health insurance providers may offer members Fresh Produce Discounts & Rewards as an integrated part of plan benefits.
     
  2. Employers may offer Fresh Produce Discounts & Rewards as an additional employment benefit.
     
  3. Charitable organizations and governmental agencies may utilize Fresh Produce Discounts & Rewards as a means of providing qualifying families with easy access to fresh produce.
     
  4. Consumer product manufacturers, food producers and/or retailers may provide Fresh Produce Rewards, called “Fresh Produce Perks”, as a bonus for buying their products.

 
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.
 
Contact Us
 
If you have any questions about the Terms of Service, please feel free to contact us through our website or write to us at:
 
Solutran, Inc.
13305 12th Avenue North
Minneapolis, MN 55441

 
Privacy
 
Solutran considers protecting your personal information very important and has developed a Privacy Policy describing Solutran’s information collection policies and practices, which is incorporated into these Terms of Service by reference as if set forth in its entirety herein.  You agree that Solutran’s Privacy Policy is applicable to your use of the Site.
 
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.
 
To register on the Site, you must supply, at a minimum, your HSP card number, name, email address, zip code, gender, year of birth, number in household and a valid password.  Personal information you supply during the registration process and subsequent use of the Service is governed by our Privacy Policy.
 
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
 
The Site may contain links to our partner’s websites that may provide information and/or services that might be useful to you.  When you follow links to any third party website, you agree that your use of such website will be subject to the terms of use and privacy policy posted on that website.  Please review them carefully.  Solutran does not control or endorse any third party websites and makes no representation about the accuracy, completeness or reliability of such content.  We are not responsible for any loss or damage you incur because of dealing with a third party accessed through a link on the Site.
 
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.
 
Indemnification
 
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.
 
Binding Arbitration

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.
 
Entire Agreement
 
These Terms of Service, which incorporate by reference the Privacy Policy, constitute the entire agreement between you and Solutran relating to the Service.
 
Non-Waiver
 
Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision.
 
Severability
 
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.
 
Survival
 
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, www.HealthySavingsOxford.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.
 
Effective Date
 
May 1, 2015

PRIVACY POLICY

General Information
 
Health insurance providers, employers, charitable organizations, and government agencies contract with Solutran, Inc. (“Solutran”) to allow participation in the Healthy Savings Program (“HSP”) using this website (“Site”) and Solutran’s S3 Technology (collectively, “Service”).
 
Solutran values your privacy. This policy (“Privacy Policy”) describes the types of information we collect when you use the Service, how we use such information and to whom and under what circumstances we may disclose it.  By using the Service, you agree to the terms of this Policy.  If you do not agree to these terms, please do not use the Service.
 
Contact Us
 
If you have any questions about this Privacy Policy, please feel free to contact us through our website or write to us at:
 
Solutran, Inc.
13305 12th Avenue North
Minneapolis, MN 55441
 
Privacy Policy and Terms of Service
 
This Privacy Policy is incorporated into and is subject to our Terms of Service.  Your use of this Service and any personal information that you and health insurance providers, employers, charitable organizations and government agencies (“HSP Sponsors”) provide to us in connection with the Service (“Personal Information”) are subject to this Privacy Policy and the Terms of Service.
 
Information Provided to Partner Websites
 
The Site may provide links to our partner’s websites.  If you access any third-party websites through a link on the Site, you will leave this Site, and our Privacy Policy will not apply.  Solutran does not control or endorse any third-party websites.  Before using those sites or submitting any Personal Information to them, please carefully review their terms of service and privacy policy.
 
Protecting Your Personal Information
 
Solutran has taken certain physical, electronic, contractual, and managerial steps to safe guard and secure the Personal Information we collect and store on our servers.  By using the Service, you understand and agree that no security measures are absolute and that we cannot guarantee absolute protection of your Personal Information.
 
Collection of Personal Information
 
In order to offer you the best possible experience using the Service, we collect the following information:

1. Information You Provide to Solutran
 
During the registration process for the Service, we will ask you to provide Personal Information to complete your registration.  The types of Personal Information you provide may include name, address, telephone number, e-mail address, gender and other unique information.  You are required to register, acknowledge receipt of this Privacy Policy, and agree to the Terms of Service in order to use all the resources of the Site and the Service.

2. Information Provided to Us by Third Parties

We may combine the information we collect from you with information about you that we receive from other sources, such as HSP Sponsors, our retailer network, and consumer product partners, in order to provide you with a better experience and to improve the quality of the Service.  We may collect and store various retailer loyalty card numbers for you to coordinate the Service with those programs. These numbers will be stored on our servers with your other Personal Information.

3. Direct Communication with Solutran

When you send email or other communications to Solutran, we may retain those communications in order to process your inquiries, respond to your requests and improve the Service.

4. Cookies and Other Usage Information  

In addition to the information you provide, the Site uses “cookie” technology to enhance and personalize your experience with the Service. Cookies, web beacons, or similar technologies are small pieces of data that we store for an extended period of time on your computer or device. These “cookies” help us to: (1) improve and customize Service content and offerings; (2) authenticate you when you use the Service; (3) remember your Service preferences and registration information; and (4) measure and research, via statistics and data collection, the effectiveness of the Service offerings and e-mail communications.
 
You may disable your cookie information by adjusting the settings preferences on your personal computer or mobile device at any time.  Keep in mind that cookies do not identify a specific user and are not used to collect any Personal Information.
 
The Service may also use automated data collection tools to collect standard information about your Internet access, such as your browser type and language, access times, and the address of the website from which you arrived at the Site.  It may also collect information such as your Internet Protocol address, the pages on the Site that you view, the links that you click, your use of e-mails sent to you from us (such as when you open the e-mail or click on a link in the e-mail).
 
Personal Information Use
 
We may use your Personal Information for any of the following purposes: (1) to provide the Service to you, including the display of personalized content, offers and advertising; (2) to help address problems with and the functioning of the Service; (3) to monitor and conduct internal reviews of the Service; (4) to help us better understand and improve the use of the Service, and to develop new services; (5) to protect the security and integrity of the Service; and (6) to contact you, if necessary or at your request.
 
Personal Information Sharing
 
Solutran will not sell, rent, or trade the Personal Information we collect.  We may share your Personal Information with other parties in the following circumstances:
  • If we have your consent.
  • If we determine that there has been a violation of Service policies.
  • If we have reason to believe that such disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with our rights or property, other users of the Service or anyone else that could be harmed by such activities.
  • To respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law.
  • To provide information to a company that acquires, is acquired by or is merged with Solutran.
Sharing Information Regarding Employer-Sponsored Programs

We may provide certain Personal Information to your HSP Sponsor in order to facilitate its participation in the Service, including but not limited to details regarding the discounts received and rewards redeemed.

Non-Personal Information Sharing
 
Solutran may share aggregate, non-personally identifiable information with our related companies, consultants, advertising clients, retailer and consumer product partners, service providers, advertising agencies, and other third parties. 
 
Privacy Policy Changes
 
If we change this Privacy Policy, 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 "Privacy Policy" link located at the bottom of the Healthy Savings website, www.HealthySavingsOxford.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 Privacy Policy.
 
Effective Date
 
July 1, 2015
 

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