Terms and Conditions and Non-Discrimination Notice

Last updated 02/26/2021

WellSpark Health Inc. (“WellSpark”), complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, or sex. WellSpark does not exclude people or treat them differently because of race, color, national origin, age, disability, or sex.

WellSpark:

Provides free aids and services to people with disabilities to communicate effectively with us including qualified interpreters and information in alternate formats. Provides free language services to people whose primary language is not English, including translated documents and oral interpretation. If you need these services, contact WellSpark Health Inc., Civil Rights Committee.

If you believe that WellSpark has failed to provide these services or discriminated in another way on the basis of race, color, national origin, age, disability, or sex, you can file a grievance with: WellSpark’s Civil Rights Committee, WellSpark Health Inc., 175 Scott Swamp Road, Farmington, CT 06034, 1-800-251-7722, and TTY number 1-800-833-8134. You can file a grievance in person at 175 Scott Swamp Road, Farmington, CT, or by mail. If you need help filing a grievance WellSpark’s Civil Rights Committee is available to help you. You can also file a civil rights complaint with the U.S, Department of Health and Human Services, Office for Civil Rights, electronically through the Office of Civil Rights Complaint Portal, available at: https://ocrportal.hhs.gov/ocr/portal/lobby.jsf, or by mail or phone at:

U.S. Department of Health and Human Services

200 Independence Avenue, SW

Room 509F, HHH Building

Washington, DC 20201

1-800-368-1019, 800-537-7697 (TDD)

Complaint forms are available at: http://www.hhs.gov/ocr/office/file/index.html

WEBSITE TERMS AND CONDITIONS

Last Updated: April 17, 2016

THIS WEBSITE IS PROVIDED TO YOU BY WELLSPARK, WHO HAS CONTRACTED WITH MEDIKEEPER, INC. (MediKeeper), TO MANAGE AND OPERATE THIS PORTAL ON BEHALF OF WELLSPARK THESE TERMS AND CONDITIONS APPLY TO MEDIKEEPER, WELLSPARK, AND YOU AS THE USER.

1. MediKeeper’s Service.

MediKeeper provides employee and member portals to employers, health plans and wellness companies so that they may provide their employees or members with online health and wellness portals. As an eligible employee or member (hereinafter referred to as a “user”), depending on the product you participate in, you may have access to various health and wellness tools such as a Health Assessment, My Tracker, Plan For Wellness, Incentives and Rewards, My Goals, Biometrics, Challenges, Health Video Library, Diabetes Prevention Program, Lifestyle Coaching and other applications. The website allows you to store, view, edit, retrieve, and manage your personal health information. The service is internet-based and allows you to have access to your personal health records anywhere, anytime. MediKeeper is committed to   keeping your records secure and private as required by law.

2. Availability of Website

In general, the website will be available to you for as long as WellSpark, maintains a business relationship with MediKeeper or the website is discontinued. If WellSpark, terminates the business relationship with MediKeeper, or MediKeeper terminates the business relationship with WellSpark, for any reason, you may no longer have access to the portal or the information contained within it.

You agree that MediKeeper, or WellSpark, may modify or discontinue the provision of the website, with or without notice to you. You agree that neither MediKeeper, Inc. nor WellSpark, will be liable to you or any third party as a result of such modification or discontinuation.

3. Obligations of the User.

MediKeeper and WellSpark, would like to make you aware of the following information and your obligations:

o   While MediKeeper and WellSpark, make every effort to ensure that the medical information and references used within the website are correct and up to date, the website does not offer medical advice and is not intended to replace the advice you receive from your own doctor. If you have any questions or concerns about the information contained within the website you should consult your doctor.

o   Any information provided on the site is not intended to imply that services or treatments described or listed are covered benefits under your particular health plan. Please refer to your Membership Agreement or Plan Document for specific information about your benefits coverage.

o   The performance and loading times of the website is dependent upon many things that are not in the control of MediKeeper or WellSpark, including your own network performance, the age and performance of your PC, laptop, tablet or mobile device, and the availability of internet connectivity.

o   MediKeeper is not responsible for supplying any of the equipment or networks required to receive the website. This remains the responsibility of the user and/or WellSpark

o   The information you provide and enter into the website or that may be imported into the website from approved and authorized third parties may contain sensitive and personal health information. You should always logout of the website after each session to prevent unauthorized persons gaining access to your information.

o   When you register as a user for the website you will be asked to provide a user name and password, which you will then use to login each time you wish to view the website. It is important that you protect the access to your personal health information by not sharing your user name and password with anyone, and do not write this information down in a place where someone may easily find it. Neither WellSpark, nor MediKeeper will be liable for any loss or damage arising from your failure to comply with this requirement.

o   You agree to immediately notify MediKeeper and WellSpark, of any unauthorized use of your password or account or any other breach of security.

o   You are responsible for the accuracy of the information you enter into the website. You will not misrepresent your identity or provide us with any false information in any information-collection portion of this website, such as a registration or application page. If you enter incorrect information, deliberately or by accident, you may compromise the accuracy of the results and information you may view in the website.

o   You are responsible for keeping the information within the website up to date. Some of your results and information are related to dates and times, and for the results to be meaningful, it is important that they are calculated based upon the most up to date information.

o   This website is intended for a United States audience. If you live or travel outside the U.S., you may see information on this website about products or therapies that are not available or authorized in your country.

o   You will not use the website in any way not explicitly permitted by these Terms or the text of the website itself.

o   You will not copy, modify or create derivative works involving the Content whether such content is currently protected via Service Mark, Trademark, or any other intellectual property protection.

o   You will not take any action intended to interfere with the operation of the website.

o   You will not access or attempt to access any portion of the website to which you have not been explicitly granted access.

o   You will not directly or indirectly authorize anyone else to take actions prohibited in this section.

o   You expressly agree to comply with all applicable laws and regulations while using the website.

o   You represent and warrant that you are at least 13 years of age, and that if you are between 13 and 18 years of age a parent and/or guardian agrees to these Terms of Use on your behalf.

4. Privacy Policy

Participants in WellSpark Programs are required to provide personal information. None of your personal identifiable information is shared with any third-party organizations who are outside of the program. None of your contact information will be sold. For program evaluation, reporting and ongoing progress, your information can be accessed by WellSpark employees and program vendors who have agreed to our privacy standards.

Please view our full Privacy Statement, which can be accessed through the clickable link in the footer section of the site.

5. User Account, Password and Security.

You will enter a username and password when completing the registration for the website. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.

6. Cookies and Tracking

WellSpark, MediKeeper, or third-party service providers who have been allowed by WellSpark, or MediKeeper, may use various technologies (“Cookies”) to gather information from the WellSpark, including, but not limited to pages visited, how often they are visited, and other information about the user and their experience. WellSpark, and MediKeeper do not control these third-party technologies and their use is governed by the privacy policies of the third parties using such technologies.

You can disable Cookies by adjusting your browser settings at any time; however, this may limit your ability to take advantage of all the features on this website. There is currently no methodology to respond to web browser “Do Not Track” signals.

WellSpark, and MediKeeper may use analytics companies, such as Google Analytics, to gather information and aggregate data from the website.

WellSpark, may use and disclose your activity information unless restricted by this policy or by law. Some examples of the ways that your information may be used include, but are not limited to: marketing, product development, and research; customizing your experience; and enabling functions on the WellSpark platform.

We may also share personal information within the Company, and we may combine personal information that you provide us through this website with other information we have received from you, whether online or offline, or from other sources such as from our vendors. For example, if you have purchased a product or service from us, we may combine personal information you provide through this website with information regarding your receipt of the product or service.

We may use personal information to contact you through any contact information you provide through this website, including any email address, telephone number, cell phone number, text message number, or fax number. By providing your email address, telephone number, cell phone number, text message number, or fax number you are expressly consenting to be contacted via the applicable methodology.

7. Disclaimer of Warranties.

You acknowledge that information contained within the WellSpark platform will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices, all of which are beyond the control and jurisdiction of MediKeeper or WellSpark Neither MediKeeper, nor WellSpark, assumes any liability for or relating to the delay, failure, or interruption of any data or other information transmitted in connection with use of the MediKeeper site.

WITHOUT LIMITING THE FORGOING, EVERYTHING ASSOCIATED WITH THE WEBSITE, IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MEDIKEEPER MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MEDIKEEPER MATERIAL, SOFTWARE TEXT, GRAPHICS, AND LINKS OR RESULTS TO BE OBTAINED FROM THE WEBSITE.

YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT AND DISSEMINATION OF YOUR PERSONAL HEALTH RECORD. MEDIKEEPER DOES NOT IN ANY WAY EDIT, REVIEW OR AUTHORIZE THE RELEASE OF YOUR ONLINE MEDICAL RECORD, EXCEPT AS PROVIDED IN THESE TERMS AND CONDITIONS OF USE OR THE MEDIKEEPER PRIVACY STATEMENT OR AS REQUIRED TO BY FEDERAL OR STATE LAW. NEITHER MEDIKEEPER NOR WELLSPARK ARE LIABLE FOR ANY INACCURACY, OMISSION OR ERROR IN YOUR ONLINE PERSONAL RECORD OR OTHER ONLINE INFORMATION.

WITHIN THE WEBSITE YOU MAY BE OFFERED LINKS TO OTHER SITES OPERATED BY PARTIES OTHER THAN MEDIKEEPER OR WELLSPARK THE INCLUSION OF ANY LINK TO SUCH SITES DOES NOT IMPLY ENDORSEMENT BY MEDIKEEPER OR WELLSPARK, OF THE SITES. NEITHER MEDIKEEPER NOR WELLSPARK, HAS REVIEWED ALL OF THE SITES AVAILABLE WITHIN THE WEBSITE AND ARE NOT RESPONSIBLE FOR THE CONTENT OR ACCURACY OF ANY OFF-SITE PAGES OR ANY OTHER SITES LINKED TO THE WEBSITE. BY SELECTING ANY OF THESE LINKS TO ANY OTHER OFF-SITE PAGES OR OTHER SITES YOU ACKNOWLEDGE THAT THIS IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE OF THOSE SITES.

8. Limitations of Liability

IN NO EVENT SHALL MEDIKEEPER, WELLSPARK, THEIR SUPPLIERS OR ANY THIRD PARTIES BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, THE CONTENT OF THE WEBSITE, OR ANY OTHER MEDIKEEPER or WELLSPARK, SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MEDIKEEPER or WELLSPARK, IS ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. MEDIKEEPER and WELLSPARK, SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU. BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

9. Governing Law and Statute of Limitations

The laws of the State of Connecticut govern these Terms and any cause of action arising under or relating to your use of the website, without reference to its choice-of-law principles. You agree that the only proper jurisdiction and venue for any dispute with  WellSpark or in any way relating to your use of this website, is in the state and federal courts in the State of Connecticut, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving WellSpark, or its employees, officers, directors, agents and providers. If any provision of these Terms is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.

Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this website, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.

10. Indemnification

You agree to defend, indemnify and hold MediKeeper and WellSpark, their officers, directors, employees and agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the website or any other Service in a manner that violates or is alleged to violate these Terms and Conditions of Use. MediKeeper and/or WellSpark, shall provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

11. Force Majeure

MediKeeper’s, or WellSpark’s, failure to perform any term or condition of this Agreement as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, shall not be deemed a breach of this Agreement.

12. Acceptance of these Terms and Conditions

You must agree to these terms and conditions in order to have access to the website.

Social Challenges Terms of Service

Last updated: February 26, 2021

Terms of Service for Social Challenges

The Social Challenges Program is offered as part of the website by MediKeeper on behalf of WellSpark. By accepting these terms and conditions you are agreeing to be bound by these terms of service, and the terms and conditions for using the website.

Please read this agreement carefully. Even if you plan to just browse the programs available in the website and do not plan to participate in any of the Social Challenge Programs, you are still required to agree to the terms of service for Social Challenges.

In order to participate in the Social Challenge Programs offered by WellSpark, you are required to read and agree to these specific terms of service that are in addition to the terms and conditions.

1. Minimum age to participate in Social Challenges

You must be a minimum of 18 years old to use the Social Challenges Programs offered as part of the website.

2. Rules of Conduct

The purpose of the Social Challenge Programs is to allow participation in activities and challenges that may be of an individual or a team basis, and to allow social interaction within and between teams and participants. As a registered participant, you agree that:

1.     You will be solely responsible for all interactions with other participants and team members when using the social elements of the Social Challenge Programs;

2.     You will not post offensive, abusive, defamatory, profane, threatening racial, illegal or inappropriate material that violates another party’s rights or privacy;

3.     You will not encourage or participate in any material or activity that promotes physical or mental abuse, harassment or illegal actions;

4.     You will not engage in the promotion or advertising of any products or services through the website or add links to commercial entities for the purposes of buying or selling products or services through the website;

5.     You will use the Social Challenge Programs solely for the purpose for which they were intended;

6.     You will not publish or display any links to malicious software, malware, spyware or any other software that may create a security breach;

7.     You will not publish any material that infringes upon another party’s intellectual property, trademark or copyright;

8.     You will be solely responsible for all information and material you publish, display or otherwise communicate in any manner on the Social Challenge section of the website;

9.     You will keep your username and password confidential and not allow any other person to enter information in the Social Challenge Program on your behalf;

10. You will not provide inaccurate, false or misleading information to WellSpark, or attempt to create any advantage to yourself by manipulating or altering any other person’s data;

11. You will participate in the Social Challenge Programs only if your current state of health allows you to safely participate, and that if you have any questions regarding your suitability for participation, you will consult with your doctor prior to registering for a program or challenge;

12. You acknowledge that if your posts are deemed by the administrators, in their sole view, to breach any of the conditions mentioned above, that they have the right to remove or hide the post at any time;

13. WellSpark, has the right to update and/or change at any time these terms of use and to be bound by the most recent terms of use that are then in effect.

3. Your privacy and the use of your information

MediKeeper and WellSpark, take the protection and privacy of your information very seriously and will take all reasonable commercial precautions to protect your information as detailed in the Privacy Statement. In accepting these terms and conditions, you agree to the terms set forth in the Privacy Policy with regard to how we collect, use or report your information.

Any data collected as part of your participation in the Social Challenges Program and reported to WellSpark, will be de-identified and aggregated to protect your identification. However, you should be aware that:

1.     Unless you have selected only to use a nickname and avatar, your name may appear on social posts and or challenge progress and results or challenge leaderboards. The use of a nickname and avatar does not ensure that your identity will not be able to be associated with you

2.     Participation in certain challenges may result in sharing of personal health information (PHI) – for example your weight in a weight loss challenge. This PHI may be shared with other participants, teammates and/or administrators. The use of a nickname and avatar does not ensure that your identity will not be able to be associated with your PHI.

4. Disclaimer of Warranties

MediKeeper and WellSpark, does not warrant that the use of the website or Social Challenge Programs will be uninterrupted, error-free or that the functionality will meet your needs.

5. Limitation of Liability

IN NO EVENT SHALL MEDIKEEPER AND/OR WELLSPARK, BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE WEBSITE OR SOCIAL CHALLENGE PROGRAMS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF MEDIKEEPER AND/OR WELLSPARK, KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL MEDIKEEPER’S AND/OR WELLSPARK’S, AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE PAID MONTHLY FOR THE WEBSITE. NOTWITHSTANDING THE FOREGOING, THE POTENTIAL LIABILITY OF MEDIKEEPER AND/OR WELLSPARK, TO YOU FOR ANY CAUSE AND UNDER ANY LEGAL THEORY WILL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, TO MEDIKEEPER AND/OR WELLSPARK, FOR YOUR USE OF THE WEBSITE.

IN NO EVENT SHALL MEDIKEEPER AND/OR WELLSPARK, BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SOCIAL CHALLENGE PROGRAMS, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SOCIAL CHALLENGE PROGRAM OR PERSONS INTRODUCED TO YOU BY THE SOCIAL CHALLENGE PROGRAMS. YOU AGREE TO ASSUME THE RISK OF YOUR INTERACTIONS WITH ANY THIRD PARTIES, INCLUDING REGISTERED USERS, THROUGH THE SOCIAL CHALLENGE PROGRAMS.

TIPS AND RECOMMENDATIONS PROVIDED THROUGHOUT THE SOCIAL CHALLENGES PLATFORM ARE NOT INTENDED TO REPLACE THE ADVICE OF YOUR HEALTHCARE PROVIDER. IF YOU HAVE ANY QUESTIONS ABOUT YOUR HEALTH OR THE INFORMATION CONTAINED WITHIN THE WEBSITE YOU SHOULD CONSULT WITH YOUR HEALTHCARE PROVIDER.