TERMS AND CONDITIONS OF USE

Effective Date: 07/01/2019

Welcome to your health plan's website ("Site"). The website is made available to eligible members ("Members") of your health plan ("Plan"). The Site provides online health tools and services to Members to help Members take control of their own health and wellness.

The Site is hosted and operated on behalf of Plan by Carenet Health and its Site subcontractors ("Carenet Health"). Plan has a contract with Carenet Health to give care management services to Members, including the online health tools and services available through this Site.

You must agree to these Terms and Conditions of Use ("Terms of Use") to use the Site Services described below. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE SERVICES OR THIS SITE.

By clicking "Accept" when registering for the Site Services, or using this Site or the Site Services, you are agreeing to these Terms of Use. If you do not agree to all of these Terms of Use, you should leave the Site now. If you are not a Member, or the legal representative of a Member, you do not have the right to use this Site and you should leave the Site now. Some Site Services are used over the Internet as well as over mobile devices. Your access to this Site or use of Site Services by mobile devices also requires your agreement to these Terms of Use.

The Site health tools and services include:

All of these health tools and services are together referred to as the "Site Services".

You can tell when you are on a part of the Site operated by Carenet Health or using a health information tool made by Carenet Health because the bottom of the website will be labeled "Powered by Carenet Health." If you are on a part of the site operated by a subcontractor or using a health information tool made by a subcontractor, the bottom of the website will be labeled with the subcontractor name.

These Terms of Use describe your duties when using this Site. In general, the words "Carenet Health", "we" or "our" in these Terms of Use means Carenet Health and the Carenet Health subcontractors unless another meaning is given. "Subcontractor" means a business or company that has signed a contract with Carenet Health to help Carenet Health provide the Site Services. In general, the words "Member", "you" or "your" means you, the Member using this Site, or your legal representative.

The Site has a PRIVACY POLICY that describes how information we collect about your use of this Site will be used and shared by Carenet Health and/or the Plan. The PRIVACY POLICY is located here . The PRIVACY POLICY is described below in Section C. The Site PRIVACY POLICY is considered part of these Terms of Use and you must agree to it. If you do not agree to the PRIVACY POLICY you should leave the Site now.

A. LIMITS ON USE OF SITE

NOT FOR EMERGENCIES. The Site and Site Services are not for use for medical emergencies or urgent situations. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

Changes to Terms of Use. The Site Services are available only to Members. These Terms of Use can be updated at any time by posting modified Terms of Use on this Site. We may not let you know of any changes to these Terms of Use other than content changes to our Privacy Policy as stated in that policy. Your continued use of this Site is your agreement to these changes. You should check this page of the Site and print the latest version of the Terms of Use for your records. The date of the last update to these Terms of Use is stated at the top of this document.

Use by Children and Minors. You must be 18 years old to use this Site. Plan and Carenet Health are committed to protecting the privacy of minors. This Site and Site Services are designed and intended for use by Members 18 years of age or older, and are not intended for, nor are they designed to be used by, minors or those under the age of twelve. A parent or legal guardian may use Site Services on behalf of a minor. By using this Site for a minor, the parent or legal guardian represents that he or she is the parent or legal guardian of the minor and that he or she has full legal right to act on behalf of the minor with respect to Site Services. A parent or guardian using this Site assumes full responsibility for making sure all information provided to us on the Site is accurate and kept confidential by the parent or guardian. The parent or guardian also assumes full responsibility for understanding and using any information or suggestions for the minor provided through Site Services.

NOT MEDICAL ADVICE. Nothing in this Site, in the Site Services, or in these Terms of Use should be considered as medical advice, diagnosis or treatment, the practice of medicine, or the provision of medical services by Plan or Carenet Health. Any health information on this Site is not intended to be a diagnosis, or to replace the advice of your doctor or healthcare provider. Always get the advice of your doctor or other health care provider for any questions you may have about your health or medical condition. Never ignore, avoid or delay getting medical advice from your doctor or other health care provider because of something you have read on this Site! Plan and Carenet Health do not guarantee that web-based information, mobile applications, or contacts (for example, using Site Services to e-mail with the Nurse Advice Line or Live Chat) is the best treatment for your specific healthcare problem. You agree to contact your doctor, other health care provider or your local emergency services right away if you are a medical emergency or serious condition or if you need medical advice, diagnosis or treatment.

B. USE OF SITE SERVICES

Your Account. You agree that you will register on the Site under your own name or as the legal representative of a covered Member and that you will use Site Services in agreement with these Terms of Use. You are responsible for keeping your password private and you are responsible for everything that happens on this Site while anyone is using your password. You agree to notify Carenet Health right away (at Phone # on the back of your ID Card) of any unauthorized use of your password or other security concerns. Each Plan Member 18 years of age and older will receive a user name and password by registering to use this Site.

Interactive Tools. Interactive tools on the Site, such as the Symptom Adviser, are given to you for your convenience and information. In order to get the best results from the interactive tools you should give only correct information. Please remember the information collected from interactive tools on this Site are based on what other persons with similar symptoms or answers have experienced and are not medical advice, diagnosis or treatment plans for you.

E-mailing Care Managers. Your Site Services account will allow you to post non-emergency health-related questions to care managers. You will be notified of pending messages in the Secure Message Center by an e-mail sent to the e-mail address you provided us during registration. Remember the answers to your secure messages are for informational purposes only and are not medical advice, diagnosis or treatment plans for you. You should not make medical decisions based on the information received in responses from care managers, or from your use of other interactive tools, without first talking to your doctor or other health care provider.

Educational Resources. The information you provide during registration may be used to send you personal e-mails about common medical and health related topics, preventive care messages containing medical and health related information, links to other related websites, and information related to the Site. The Site may give self-care information which provides general medical and health information. These e-mails and information are not complete medical documents and do not include all possible material about the subject contained in the e-mail or information. This information is for general educational and information only, and should not be used as a substitute for medical advice, diagnosis or treatment plans by a doctor or other health care provider. The information is made up of a variety of sources, including from Carenet Health subcontractors and from other third parties. You should not assume the information was written by Plan or Carenet Health. Plan, Carenet Health and Carenet Health subcontractors do not make any guarantee this information is accurate or complete.

Opt Out of Receiving E-mails. If you make a request to get information through this Site by giving your e-mail address, you may also ask to stop getting any future e-mails. If you receive information about this Site through e-mail, you may ask to stop getting messages in the future. Information sent to you by e-mail will contain information about how you can stop receiving those e-mails.

Intellectual Property. The Site and Site Services contain confidential information, trade secrets and other valuable intellectual property of PLAN or Carenet Health that we must grant you the right to use in order to use the Site and the Site Services. Plan and Carenet Health (as applicable) give you a limited, revocable, non-transferable and non-exclusive license only to view or download a single copy of the information on the Site and to use the Site software so that you can use Site Services for your personal use. Plan and we retain all right, title and interest in and to the Site, Site Services, any content, products, documentation, software or other materials on the Site, and any patent, copyright, trade secret, trademark, or other intellectual property right in any of the items described in this sentence (the "Site Property"). The Site Property belongs to Plan or Carenet Health or Carenet Health subcontractors and is protected by United States patent, copyright, trademark, and other intellectual property laws. You agree not to copy, retransmit, share, sell, publish, broadcast, or circulate the Site Property to anyone. Any copy of Site Property that you make for your personal use must include the copyright notice that appears in the Site Property. Use, copying, or sharing of Carenet Health's, Plan's, the Site's, or Carenet Health subcontractors' logos is not given to you and is strictly prohibited.

EDITORIAL POLICY: The purpose of the Site's online health content is to educate Members about health-related issues. Our policies and processes are designed to confirm that we are providing current, up-to-date information, based on evidence-based medicine, accepted standards of practice and principled business conduct to all users of the Site. We will not knowingly publish health content on the Site that is untrue or false. We do not make any one product stand over another in the Site's health content. The purpose of our information is only to educate and is not to replace the advice of your doctor or other health care provider.

Site health content is developed for consumers. Health content is supposed to be informative and understandable to the majority of consumers, and in line with Carenet Health policies. Health content is written in plain language, using and defining medical terms, and targeting a 6 - 8th grade reading level.

All health content on the Site is either developed by the Carenet Health Clinical Content Department or licensed from third parties for use as general health information and supporting content for the promotion of the Site's health content (for example, health content appears in e-mail reminders about short health topics and "teasers" about coming or current Site content). Health content is updated on a planned schedule, such as weekly, monthly, quarterly or annually, and is used across multiple groups and clients. Health content is submitted for review to the Clinical Content Department and receives approval from the department before it is used on this Site.

Drafts of Site health content developed by Carenet Health are written by Carenet Health medical writers or health care clinicians. The drafts are reviewed and revised by the Director of Clinical Content for the Clinical Content Department and the Vice President and Chief Clinical Architect of the Clinical Content Department. The drafts, reviews and revisions may be repeated many times. These revisions may include review by non-Carenet Health consultants with health care knowledge related to the health content under development. All reviews and updates are kept by Carenet Health. The Clinical Content Department's medical writers or health care clinicians create final versions of the health content for use on this Site. Rules for the use of final versions of health content are contained in the Clinical Content Department's operational guidelines.

Health content on the Site may be written by individuals. Carenet Health will include a description of the writer's qualifications. The writers are licensed and credentialed health care professionals and are selected because they are clinical experts. Our medical writers are experienced healthcare writers who write under the direction and support of the Clinical Content Department.

The Site health content review team includes:

Health topic research is done using known health care sources such as PubMed, Cochrane, national professional organization websites (.org), educational source websites (.edu) and government healthcare websites (.gov). Clinical Content Department staff use a list of approved websites as references, which is reviewed annually and approved by the Vice President Chief Clinical Architect. website approval tells you that we believe the site is trustworthy and has no political or marketing agenda. We do not review or guarantee that all content on an approved site is valid or correct. Reference sources for each health content topic are noted. Reference sources are updated with each review by the Clinical Content Department. Dates of the review and reference sources for Site health content are listed on the Site starting in 2010.

A commercial website (".com") may be used by the Clinical Content Department only for technical or product specific information available anywhere else. Any website provided by Plan and used solely for the purpose of providing Plan customer service information does not require the approval of the Vice President Chief Clinical Architect. The Clinical Content Department has rules for the development, review, approval and release of all Site health content. Each rule is documented and shows the way health content is developed. All changes are shared with the Plan and kept by Carenet Health. Carenet Health does not accept advertising or sponsorship funding on the Site. All Carenet Health employees receive education and training about conflicts of interest in order to avoid situations where their personal interests may interfere with their work for Carenet Health. Carenet Health employees are required to complete this training every year and to notify Carenet Health of potential or actual conflicts of interest.

Linking Policy: Links on the Site to other websites are placed into two groups: (1) external links and (2) internal links.

External links are to third-party websites with which we have no contractual relationship, but that we believe are managed by honest organizations. When you click on an external link, you will receive a message that you are leaving the Site to go to a linked site. On pages that show links to external websites the following message will be listed at the top of the page: "Although this site includes likely useful information and links managed by honest organizations as a convenience, including a link is not a recommendation of the linked site and we are not a part of these organizations. We take no responsibility for the content or information on these other sites, and do not have any control over these other sites. If you have a pop-up blocker, please turn it off to view these sites."

Internal links are to sites hosted by Carenet Health or that are hosted by Carenet Health subcontractors. Carenet Health or the Carenet Health subcontractor is directly responsible for and controls the content, information, and tools used on, the sites reached through these internal links.

Questions and comments, including the reporting of any non-working links in the Site, should be submitted online through the Feedback/Support link located at the bottom of Site home page or the non-registered home page link labeled "Need to Contact Us?" You may report a non-working link to the Carenet Health help desk by calling Phone # on the back of your ID Card.

C. PRIVACY

Plan and Carenet Health take your privacy very seriously. The Site Privacy Policy tells you how Carenet Health, and its subcontractors, collect, use, share and store the personal information you submit through the Site. The Site Privacy Policy is distinct from Plan's HIPAA NOTICE OF PRIVACY PRACTICES, which is available at Privacy Policy and which describes in detail about how Plan uses and shares your individually identifiable health information ("Information"). As Plan's business associate, Carenet Health has agreed that its collection, use and sharing of your Information on behalf of Plan will be based on Plan's HIPAA NOTICE of PRIVACY PRACTICES. If there is any difference between the Site Privacy Policy or these Terms of Use and Plan's HIPAA NOTICE OF PRIVACY PRACTICES, Plan's HIPAA NOTICE OF PRIVACY PRACTICES will be used. PLAN and Carenet Health are not responsible for keeping data from your use of the Site Services. PLAN and Carenet Health have the right to maintain, remove or destroy all information posted or uploaded to the Site pursuant to PLAN's and Carenet Health's record keeping and destruction policies.

D. LEGAL NOTICES AND DISCLAIMERS

General Disclaimers. YOU AGREE THAT YOUR USE OF THE SITE SERVICES IS AT YOUR RISK, AND YOU ACCEPT FULL RESPONSIBILITY FOR ALL RISK FOR YOUR USE OF THE SITE. ALL INFORMATION AND SITE PROPERTY MADE AVAILABLE ON THIS SITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWED UNDER LAW, Carenet Health, Carenet Health SUBCONTRACTORS, PLAN, AND THEIR SHAREHOLDERS, MEMBERS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, "AFFILIATES") HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, LEGAL OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, Carenet Health, Carenet Health SUBCONTRACTORS, PLAN AND THEIR AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE INFORMATION OR SITE PROPERTY.

Carenet Health, Carenet Health SUBCONTRACTORS, AND PLAN MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT: (1) WHETHER THE SITE SERVICES MEET ANY GOVERNMENT REGULATIONS REQUIRING SHARING OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR (2) ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE SITE SERVICES.

E. GENERAL LEGAL PROVISIONS

Operation of the Site. Carenet Health and Plan have complete control over the operation of Site Services. Plan may remove, suspend or stop any part of any Site Service. Plan and Carenet Health are not responsible to you for errors in your data that is sent over telecommunication carriers such as your telephone service or Internet service provider.

Limitations on Use. You agree not to use the Site Services in an unlawful way or for any unlawful purpose. You agree to send e-mails to other parties for your personal communication and not for other purposes, including commercial purposes, or for mass distributions of unsolicited e-mails. You agree not to post or transmit: (a) a message under a false name; or (b) any information which (i) is insulting, obscene, false or in violation of the ownership, copyright, trademark or other intellectual property right of any other person, or (ii) contains any virus, worm, Trojan horse or other code which is contaminating or destructive to the files or programs of the Site or any of its users. Subject to the Site Privacy Policy and Plan's HIPAA NOTICE OF PRIVACY PRACTICES, Plan and Carenet Health reserve the right to delete any information provided by you that it determines to be insulting, obscene, false or in violation of a copyright, trademark or other intellectual property right of any other person.

Third Party Rights. The terms under Section D Legal Notices and Disclaimers are for the benefit of Plan, Carenet Health, Carenet Health subcontractors and their affiliates. Any of these businesses shall have the right to enforce those terms directly against you on its own behalf.

Term and Termination. These Terms of Use begin upon the date you first use the Site or the Site Services or complete the Site registration process. Either you or Plan may end these Terms of Use and stop your right to use Site Services at any time for any or no reason. These Terms of Use and the licenses given to you in these Terms of Use shall end without us telling you in the event you (or any authorized person using your account) does not obey the terms and conditions of these Terms of Use.

Notice. Any notices about the Site may be sent to you by e-mail to the e-mail address you gave during registration for Site Services, by notification on the Site, or by written communication mailed or sent by courier to your address on record in your Site Services account.

Severability. The provisions of these Terms of Use are severable, which means that in the event any provision of these Terms of Use is determined to be invalid or unenforceable under the law, then the invalid or unenforceable provision shall not cause the other provisions to be invalid or unenforceable. Instead, the invalid or unenforceable provision shall be re-read, if possible, to the extent necessary to make it enforceable.

Entire Agreement. These Terms of Use, together with any Carenet Health, Plan, or Site rules or policies that are mentioned on this Site are combined into these Terms of Use. They are the complete agreement between you and Carenet Health about your use of the Site, the Site Services and the Site Property. These Terms of Use replace any and all other verbal or written communications between you and Carenet Health or the Plan about the Site, the Site Services and the Site Property.

Assignment. You may not assign, transfer or give these Terms of Use or any part of them to anyone else without Carenet Health's written consent. Carenet Health or Plan may assign or give these Terms of Use or any part of them to anyone at any time without notice to you. These Terms of Use will be used and followed by the heirs, successors and permitted assignees of you, the Plan or Carenet Health.

Waiver. Your or Carenet Health's failure to use or delay in using any right under these Terms of Use, or your or our failure to insist upon or enforcing any provision of these Terms of Use, shall not be considered a waiver of your or our ability to enforce such rights. A waiver can only be made by you or Carenet Health agreeing to a waiver in writing. One single waiver shall not be considered a permanent waiver.

Governing Law. These Terms of Use shall be governed by and interpreted under the laws of the state without applying any choice of law rules or principles in that State. Any cause of action or claim you may have with respect to Site Services must be made against Plan or Carenet Health within one (1) year after it happens, unless this one (1) year limitation is not enforceable under the laws of the State. Any cause of action or claim connection with this Site or your use of the Site Services will be brought in the state or federal courts. You agree to the jurisdiction and location of such courts. As permitted by law, you and we waive our right to a jury trial for any argument or other disagreement under your use of this Site or the Site Services.