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.
Section 1. DISCLAIMER; NO MEDICAL ADVICE.
- 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.
- 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.
- 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. Although Healthways tries to outline the safest and most effective methods of fitness training, 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 use of its training programs. 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 ASSOCIATED WITH THE PROGRAMS DESCRIBED HEREIN AND THAT YOU WILL NOT HOLD HEALTHWAYS LIABLE OR RESPONSIBLE FOR ANY INJURY THAT MAY OCCUR.
Section 2. GENERAL INFORMATION ABOUT THIS SITE.
- 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 prior contacts you may have made to this Site, except for the information submitted as part of your health assessment.
- Employer, Health Plan, or Sponsoring Organization Subscription Offering. If applicable, you may have been provided a membership from 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 membership 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. Healthways may make attempts via email or phone to contact you in case of this event and may offer you the opportunity to extend your membership on a consumer subscription basis.
- Your Information. The information you provide 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.
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;
- Have Healthways act as your patient advocate;
- 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;
- 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;
- Giving accurate clinical or health condition information to Healthways;
- Supplying accurate contact information, and notifying Healthways of changes in this information;
- 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.
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.
- User Responsibility for Account Use. You may NOT share your password or account 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 your account, or any known or suspected breach of security, including but not limited to loss, theft or unauthorized disclosure of your password. 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.
- 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.
Use of Interactive Areas. Healthways may provide interactive forums, chat rooms, blogs, news groups, bulletin boards and other interactive areas (“Interactive Areas”) on this Site. Interactive Area postings do not necessarily represent the professional advice or opinions of Healthways or its staff. Healthways does not assume any responsibility for the truthfulness, accuracy, or reliability of any material posted on any Interactive Area, or of consequences of any Interactive Area communications on or arising from use of this Site. ANY RELIANCE ON CONTENT POSTED IN AN INTERACTIVE AREA IS AT YOUR OWN RISK. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
- Violate any code of conduct or other guidelines which may be applicable for any particular Interactive Area;
- Allow any other person or entity to use your identification to post or view comments;
- delete, modify, hack or attempt to change or alter any of the Content on the Site;
- use the Interactive Area in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- use any device, software or routine intended to damage or otherwise interfere with the proper functioning of an Interactive Area or take any other action that interferes with other parties’ use of the Site;
- use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for purposes other than for a generally available search engine;
- advertise or offer to sell or buy any goods or services for any business purpose, unless such an Interactive Area specifically allows such messages;
- restrict or inhibit any other user from using and enjoying the Interactive Areas;
- publish, post, upload, distribute or disseminate any inappropriate, profane, obscene, indecent or unlawful topic, name, material or information; or
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any third party.
- 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.
- 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 and 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. If applicable, Healthways may use your information to send you a report of your screening results and periodically send follow-up educational materials, information about other wellness programs and related resources provided by Healthways.
- 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.
- Encryption Technology. This Site incorporates safeguards to protect the security, integrity and privacy of the personal information Healthways has collected. This Site uses Secure Socket Layer (“SSL”) encryption technology to enhance data privacy and help prevent loss, misuse or alteration of the information under Healthways’ control and MD5 encryption algorithm to store passwords. While on a secure page, the lock icon on the bottom of Internet browsers such as Microsoft Internet Explorer and Mozilla Firefox becomes locked, as opposed to unlocked, or open, when you are just “surfing”. This encryption technology, however, does not absolutely guarantee or safeguard the total privacy of user information that has been voluntarily disclosed to this Site. Please note that your email, like most, if not all, non-encrypted Internet communications, may be accessed and viewed by other Internet users, without your knowledge and permission, while in transit to Healthways. Healthways cannot and does not ensure or warrant the security of any information you transmit through this Site.
- Employer Health Plans. Use of this Site may be offered to you by your employer as part of a health plan it sponsors or as a service for all or a portion of its employees. If your employer implements a financial incentive program in connection with your use of this Site, Healthways may inform your employer whether or not you qualify for such incentive based upon your participation in the program and/or your health score. Absent your express written consent, which you may grant or deny in your sole discretion, Healthways will NOT disclose to your employer any of your screening results or other personal health information that identifies you. To the extent permitted by law, Healthways may disclose personal health information that identifies you to your employer sponsor health plans which must keep the information confidential and only use it for plan administration purposes.
- Employee Assistance Programs. Your employer sponsored health plan may offer enrollees other health and wellness services and programs, such as disease management programs or employee assistance programs (“EAP”). If requested by your employer sponsored health plan, Healthways may disclose screening results and/or other personal health information that identifies you to such EAP, disease management providers or other organizations providing services to your health plan (collectively, “Other Providers”) (but NOT to your employer, absent your express written consent, which you may grant or deny in your sole discretion), in order to assist you with additional or counseling needs. If you do not want your screening results or other personal health information shared with Other Providers, you should submit a request in writing to Healthways at Healthways, Inc., 701 Cool Springs Blvd., Franklin, TN 37067, Attn: Privacy Officer, or to your employer’s benefit office.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Section 6. GOVERNING LAW; DISPUTE RESOLUTION.
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.
- 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.
- 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.
- 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.
- 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.