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TERMS OF USE AND NOTICE OF PRIVACY PRACTICES
This website and the services offered through this website (collectively, this "Site")
are operated and maintained by Healthways, Inc. and/or its affiliates (collectively,
"Healthways"). Please read this agreement carefully before using this Site.
Healthways provides Internet-based patient health care information on this Site.
By accessing or using this Site in any way, including, without limitation, browsing
this Site, using any information, and/or submitting your personal information to
Healthways, you signify your understanding of and agreement to be bound by the terms,
conditions, policies and notices contained on this page (these "Terms of Use"),
including but not limited to, conducting this transaction electronically, disclaimers
of warranties, damage and remedy exclusions and limitations, and a choice of Tennessee
law.
This Site is designed for educational purposes only. It is intended to supplement,
not to replace, consultation with a physician. You should not use information from
this Site to diagnose or treat a health problem or disease. Healthways and your
health plan encourage you to consult your health care provider with any questions
or concerns you may have regarding your condition. The information contained on
this Site is not intended to cover all possible uses, directions, precautions, warnings,
drug interactions, allergic reactions, or adverse effects. If you have questions
about the drugs you are taking, check with your doctor, nurse, or pharmacist.
Healthways retains all copyrights and other proprietary rights in or relating to
this Site. Except for downloading and printing a small number of copies of the content
for your personal use only, you may not sell, transfer, reproduce, transmit, distribute,
perform, or display any portion of this Site without the express written consent
of Healthways.
Healthways may revise and update these Terms of Use at any time. Please periodically
review these Terms of Use as posted on this Site because your continued use of this
Site after changes to these Terms of Use have been posted will mean that you accept
those changes.
Section 1. DISCLAIMER; NO MEDICAL ADVICE.
a. Disclaimer. THE CONTENT ON THIS SITE IS NOT INTENDED IN ANY WAY TO BE
A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN
OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL
CONDITION. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH THIS
SITE IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD
MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS
SITE! IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
b. Healthways Staff. Healthways staff may include medical practitioners including
without limitation, physicians, pharmacists, nutritionists, nurses, nurse practitioners,
and other health care professionals. None of these health care professionals will
provide health care services to you and they should not be considered to be in a
physician-patient, clinical or treatment relationship with you. The information
you obtain from this Site should not substitute for or be used instead of a relationship
with a health care professional. All users are encouraged to seek the advice of,
and regularly consult with, physicians and other health care professionals of their
selection.
c. Exercise Programs. If your use of this Site involves exercise, please
consult with a physician prior to beginning any exercise or exercise program. When
undertaking any exercise activity, there is a risk of injury. Healthways cannot
prevent injuries from occurring. You should be healthy and familiar with the proper
form, techniques, and preparation for the exercises you undertake and the equipment
you use. Always use safe techniques and protective equipment when engaging in exercise.
If you are unfamiliar with the proper and safe techniques and equipment for the
exercises you intend to perform, please seek advice and assistance before performing
them. If you are in poor health, or are handicap, ask for the opinion of your physician
or health care provider and exercise only under qualified supervision. Discontinue
exercising if you experience any light headaches, dizziness, shortness of breath,
or discomfort and consult your physician or other health care provider. Healthways
is not responsible or liable for any injury that may result from improper training.
Healthways assumes no liability or responsibility for damage or injury to persons
or property arising from any use of any product, information, idea, or instruction
contained in the materials provided to you. BY USING THIS SITE, YOU AGREE TO ACCEPT
ALL RISKS AND THAT YOU WILL NOT HOLD HEALTHWAYS LIABLE OR RESPONSIBLE FOR ANY INJURY
THAT MAY OCCUR.
Section 2. GENERAL INFORMATION ABOUT THIS SITE.
a. Records. Professionals engaged by Healthways and its affiliates in connection
with this Site will not monitor your care, or establish a confidential patient relationship
with you. None of the practitioners on Healthways staff should be considered to
be your treating or care giving health care professional. Neither Healthways, your
health plan, nor their affiliates will have any records concerning contacts you
may have made to this Site.
b. Employer, Health Plan, or Sponsoring Organization Subscription Offering.
If applicable, you may have been provided access to this Site by your employer,
health plan, or sponsoring organization for a limited time period dependent upon
the nature of the agreement your employer, health plan, or sponsoring organization
has entered into with Healthways. Your access is contingent upon these terms. In
the event that you no longer are employed or receive services from your employer,
health plan, or sponsoring organization, your membership may be terminated without
notice.
c. Your Information. The information you may provide, if any, is not a medical
record. Such information, however, will be treated as private and confidential,
as required by applicable law and by Healthways' contractual agreements with its
customers. Neither Healthways nor your health plan will sell your medical information,
but either may use and sell general aggregate information without personally identifiable
information, to the extent permitted by Healthways' contracts with its customers
and applicable law. While Healthways uses commercially reasonable security measures
to prevent unauthorized persons from accessing Healthways files or tampering with
this Site, Healthways cannot guarantee that these efforts will always be successful.
d. Your Rights and Responsibilities.
You have the right to:
- Receive information about Healthways, including: services provided on behalf of
your health plan, employer or plan sponsor; Healthways colleagues and colleague
qualifications; and contractual relationships;
- Decline participation, revoke consent or dis-enroll from services offered by Healthways;
- Receive accurate and understandable information from Healthways;
- Be treated courteously and respectfully by Healthways' colleagues;
- The identity of the Healthways colleague that you are working with and their job
title, and to speak with their supervisor if requested;
- Request a change to the colleague assigned to you, if any;
- Be supported by Healthways to make decisions interactively with your practitioners
regarding health care;
- Be informed of all program-related treatment options included or mentioned in clinical
guidelines, when applicable, whether covered or not by your health plan, employer
or plan sponsor, and to discuss the options with your treating practitioner;
- Have your personal health information kept confidential; know what entities have
access to your information; and know Healthways' procedures to ensure privacy and
confidentiality;
- Communicate complaints to Healthways and receive instructions on how to use the
complaint or appeal process of Healthways or your health plan, employer or plan
sponsor; and
- Receive administrative information regarding changes in or termination of program
services.
You are responsible for:
- Deciding whether to follow care advice offered by Healthways;
- Providing Healthways with information necessary to carry out its services
- Submitting any forms that are necessary to participate in Healthways' program;
- Advising your treating practitioner of your participation in the Healthways programs;
and
- Notifying Healthways and your treating practitioner of any decision to revoke consent
or dis-enroll from Healthways' programs.
e. Email Communications. You acknowledge and agree that your email address
provided during the registration process, if any, will be the email address Healthways
will use for all Site-related communications with you. You hereby consent to Healthways'
use of your email address for all Site-related communications.
f. Healthways' Information. This Site strives to be a valuable resource of
information for its users. However, Healthways cannot ensure that the information
provided is exhaustive or complete on every subject or that it will necessarily
include all of the most recent information available on a particular topic. This
information is of a general nature and you are encouraged to review it with your
personal physician. Users should never delay, ignore, or fail to obtain medical
advice based on information obtained from this Site.
g. Information from Others; Advertisements. This Site may include or provide
links to other websites on the Internet. These other web sites may provide opinions,
recommendations, or other information from various individuals, organizations, or
companies. This Site also may contain advertisements by third parties, and these
advertisements may contain links to other web sites. Unless otherwise specifically
stated, Healthways does not endorse any product or make any representation regarding
the content or accuracy of any materials contained in, or linked to, any advertisement
on this Site.
IN PROVIDING SUCH LINKS AND/OR ADVERTISEMENTS, HEALTHWAYS DOES NOT INVESTIGATE THE
CONTENT OF SUCH INFORMATION. HEALTHWAYS DOES NOT ENDORSE, GUARANTEE, WARRANT, OR
RECOMMEND THE ACCURACY OF SUCH INFORMATION OR NECESSARILY SUBSCRIBE TO ANY SUCH
OPINIONS OR RECOMMENDATIONS. FURTHER, TO THE EXTENT THAT YOU MAKE USE OF ANY LINK
TO ANY OTHER WEB SITE ON THE INTERNET, THE DISCLOSURE, REPRODUCTION, SALE, OR DISTRIBUTION
OF INFORMATION CONTAINED THEREON MAY BE PROHIBITED.
Section 3. RESTRICTIONS ON THE USE OF THIS SITE.
a. User Responsibility for Account Use. You may NOT share your access to
this Site with others or to any third party. You must notify Healthways at Healthways,
Inc., 701 Cool Springs Blvd., Franklin, TN 37067, Attn: Privacy Officer, of any
known or suspected unauthorized use(s) of this Site, or any known or suspected breach
of security, including but not limited to loss, theft or unauthorized disclosure
of your password to this Site, if any. You are responsible for all usage or activity
on this Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds
for termination of your account, at Healthways' sole discretion, and Healthways
may refer you to appropriate law enforcement agencies.
b. Copyright and Trademarks. The contents of this Site, including but not
limited to text, graphics, images and software ("Content"), are protected by copyright
under both United States and foreign laws, and Healthways retains all right, title
and interest in and to the Content, all copies thereof, and all copyrights and other
proprietary rights therein. All trademarks and service marks used on this Site are
proprietary trademarks and service marks of Healthways or its licensors.
c. Restrictions. Subject to your acceptance of these Terms of Use, Healthways
authorizes you to view, download and/or print a small number of copies on the Content
on this Site solely for your personal, noncommercial use, provided you keep intact
all copyright and other proprietary notices. Otherwise, no Content from this Site
may be reproduced, modified, republished, transmitted, displayed, performed, or
distributed in any way. You may not modify, sell, assign, or transfer the Content
or reproduce, display, distribute or otherwise use the Content in any way for any
public or commercial purpose or otherwise except as expressly permitted herein.
You may not reverse-engineer, disassemble, decompile, or create any derivative works
based on the Content. Content is subject to change without notice at the editorial
discretion of Healthways.
d. Parental Permission. USERS LESS THAN 18 YEARS OF AGE MUST OBTAIN PARENTAL
PERMISSION PRIOR TO ANY USE OF THE SITE. The parent or guardian assumes full responsibility
for the interpretation and use of any information or suggestions provided through
this Site for the minor. Adults should not assist unauthorized children to access
the Site.
Section 4. PRIVACY PRACTICES.
a. Privacy Policy. Healthways collects and may transmit personally identifiable
information about users through this Site only when the user voluntarily provides
such information. The following policies apply solely to information collected or
transmitted through this Site, and not to information collected offline or through
any other websites (even if affiliated with Healthways).
b. Use of Personally Identifiable Information. Healthways, its colleagues,
management and board members, will preserve the confidentiality of your personal
health information collected, and will only use, disclose and transmit your personal
health information to provide Healthways' services as permitted by law and its customer
contracts. Each year all Healthways colleagues confirm their responsibility to preserve
the confidentiality of your personal health information. In addition, Healthways
will ensure that only the minimum necessary number of Healthways colleagues will
have access to your information.
c. Email Correspondence. Scattered throughout this Site are links or forms
that can be used to contact Healthways so you can comment, make a complaint, make
suggestions and ask questions. Your email address is required on this form so we
can answer your questions. Healthways may put information from email on file, but
does not currently share, sell, license or transmit this information with third
parties without express authorization from you.
d. Aggregate Information. Healthways also may use your profile information
on an aggregate basis – without personal identifiers – to provide our editors with
information that is useful in developing new features and content for this Site.
Healthways reserves the right to perform statistical analyses of user behavior (on
an aggregate basis) in order to measure interest in and use of the various areas
of this Site.
e. Retention of Information. It is not possible for a user to delete his
or her profile from Healthways' database, nor is it feasible to delete all traces
of a user's activity in the system. However, you may access your information and
update or modify the information by contacting us as described below.
f. Third Party Privacy Practices. Healthways may permit third parties to
offer subscription and/or registration-based services through this Site. In this
event, Healthways is not responsible for any actions or policies of such third parties
and users should check the applicable privacy policy of such party before providing
personally identifiable information.
g. Disclosure of Customer Information Through Business Transfers. As Healthways
continues to develop our business, Healthways may buy, merge or partner with other
companies or businesses, and in so doing, acquire customer information. In such
transactions, information collected through this Site may be among the transferred
assets. Similarly, in the unlikely event that a portion or substantially all of
Healthways' assets are sold or transferred to a third party, such information would
likely be one of the transferred business assets.
Section 5. DISCLAIMERS; LIMITATIONS ON LIABILITY AND CLAIMS.
a. Typographical Errors. Our goal is to provide complete, accurate, up-to-date
information on our Site. Unfortunately, it is not possible to ensure that any website
is completely free of human or technological errors. This Site may contain typographical
mistakes, inaccuracies, or omissions, and some information may not be complete or
current. Healthways therefore reserves the right to correct any errors, inaccuracies
or omissions and to change or update information at any time without prior notice.
b. No Warranties. Neither Healthways nor your health plan make any representation
or warranty concerning errors, omissions, delays or other defects in the information
supplied to users, or that its files are free of viruses, worms, Trojan horses or
other code that include or manifest contaminating or destructive characteristics.
c. Disclaimer. INFORMATION SUPPLIED BY HEALTHWAYS ON THIS SITE IS PROVIDED
"AS IS" AND "WITH ALL FAULTS". NEITHER HEALTHWAYS, ITS SUBSIDIARIES OR AFFILIATES,
NOR ANY OF THEIR RESPECTIVE OWNERS, STAFF, OR AGENTS MAKE ANY REPRESENTATION OR
WARRANTY WITH RESPECT TO THE CONTENTS OF THIS SITE OR INFORMATION FURNISHED BY THEM
OR OUR AGENTS, EMPLOYEES OR REPRESENTATIVES AND SPECIFICALLY DISCLAIM TO THE FULLEST
EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS,
CORRECTNESS, NONINFRINGEMENT, FITNESS FOR ANY PARTICULAR USE, APPLICATION AND PURPOSE.
d. Limitation of Liability. BY ENTERING OR USING THIS SITE, YOU HEREBY EXPRESSLY
AGREE THAT HEALTHWAYS, YOUR HEALTH PLAN, AND THEIR RESPECTIVE PARENTS, OFFICERS,
DIRECTORS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS,
DEMANDS OR CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY, OR PUNITIVE, AS A RESULT OF YOUR USE OF THIS SITE OR ANY INFORMATION
YOU OBTAIN ON IT OR ANY OTHER INTERACTION WITH THIS SITE. IN DOING SO, YOU AGREE
THAT YOU ARE WAIVING VOLUNTARILY AND UNEQUIVOCALLY ANY LIABILITY OF HEALTHWAYS AND
YOUR HEALTH PLAN. Please note that some jurisdictions may not allow the exclusion
or limitation of certain warranties, so some of the above exclusions may not apply
to you.
e. Limitation on Actions. Any claim or cause of action arising out of your
use of this Site or these Terms of Use must be filed within one (1) year after such
claim or cause of action arose or it shall forever be barred, notwithstanding any
statute of limitations or other law to the contrary. Within this period, any failure
by Healthways to enforce or exercise any provision of these Terms of Use or related
right shall not constitute a waiver of that right or provision.
Section 6. GOVERNING LAW; DISPUTE RESOLUTION.
a. Governing Law. These Terms of Use and the application of these provisions,
disclosures and disclaimers and all other matters arising from your use of this
Site or of any information you obtain from this Site shall be governed by the laws
of the United States of America and the State of Tennessee.
b. Binding Arbitration. You agree that any dispute arising out of or relating
in any way to your use of this Site requires that such claim be resolved exclusively
by confidential binding arbitration except that, to the extent you have in any manner
violated or threatened to violate Healthways' intellectual property rights, Healthways
may seek injunctive or other appropriate relief. The arbitration shall be conducted
before three neutral arbitrators in Nashville, Tennessee, United States, in accordance
with the rules of the American Arbitration Association ("AAA"), as then in effect.
No claims of any other parties may be joined or otherwise combined in the arbitration
proceeding. Unless otherwise expressly required by applicable law, each party shall
bear its own attorneys' fees without regard to which party is deemed the prevailing
party in the arbitration proceeding. Except for punitive and consequential damages
(which may not be awarded), and subject to these Terms of Use, the arbitrators shall
be authorized to award either party any provisional or equitable remedy permitted
by applicable law.
BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES
EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM
IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER
COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS' DECISION WILL BE FINAL
AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT,
INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE
LIMITED OR UNAVAILABLE IN ARBITRATION.
c. Arbitration Award. The award of the arbitrators may be enforced in any
court having jurisdiction thereof. Each party hereby consents (i) to the non-exclusive
jurisdiction of the courts of the State of Tennessee or to any Federal court located
within the State of Tennessee for any action (1) to compel arbitration, (2) to enforce
any award of the arbitrators, or (3) at any time prior to the qualification and
appointment of the arbitrators, for temporary, interim or provisional equitable
remedies, and (ii) to service of process in any such action by registered mail or
any other means provided by law.
d. Jurisdiction; Venue. Should this Section 6 be deemed invalid or otherwise
unenforceable for any reason, it shall be severed and the parties agree that exclusive
jurisdiction and venue for any claims will be in state or federal courts in Nashville,
Tennessee, and you and Healthways hereby expressly consent to the exercise of jurisdiction
by such courts.
Section 7. MISCELLANEOUS.
a. No Medical Questions. Please do not send personal medical questions to
Healthways through this Site. With respect to other communications to Healthways
or its affiliates, Healthways does not guarantee that it will respond to all inquiries.
b. Severability. If any part of these Terms of Use is held by a court of
competent jurisdiction to be invalid or unenforceable, that part will be enforced
to the maximum extent permitted by law, and the remainder of these Terms of Use
will remain fully in force.
c. Notices. Any notice to Healthways shall be given in writing and sent by
certified and registered mail to Healthways, Inc., 701 Cool Springs Blvd., Franklin,
TN 37067, Attn: Corporate Counsel.
d. Acknowledgement. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS, DISCLOSURES
AND DISCLAIMERS SET FORTH ABOVE ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT
TO FOLLOW AND BE BOUND TO THEM IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE
EXERCISED UPON YOU BY ANY PERSON OR ENTITY. BY USING THIS SITE OR ANY SERVICES OFFERED
ON THIS SITE, YOU ACKNOWLEDGE AND CONFIRM THAT (I) YOU HAVE READ AND UNDERSTAND
ALL OF THE ABOVE AGREEMENT, TERMS, POLICIES, PROVISIONS, DISCLOSURES AND DISCLAIMERS,
(II) THAT THESE TERMS OF USE HAS THE SAME FORCE AND EFFECT AS A SIGNED, WRITTEN
AGREEMENT, AND (III) THAT YOU EXPRESSLY AGREE TO BE BOUND BY THE TERMS OF THESE
TERMS OF USE.
©2009 Healthways, Inc.
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