Disclosures and Terms of Use

I. Introduction

These Terms of Use govern your access and use of the websites, including wireless services or systems, systems, applications, and website ("websites") of Accountable Health, LLC, its ultimate parent company, Hooper Holmes, Inc., and Hooper Holmes' various affiliates and subsidiaries (collectively, "Accountable Health"). All information accessed or viewed is considered confidential and is for only authorized personal or business purposes.

Accountable Health has a contract with your employer or the employer of your spouse, parent or guardian ("Employer") to provide certain services ("Services") to you through the websites in connection with the Employer's Wellness Program ("Program" or "Wellness Program"). In order to obtain the Services, you may need to access the websites and, in some cases, provide Personal Information to Accountable Health through the websites. Personal Information is information that identifies an individual and includes personal health information.

II. Acceptance of Terms

The websites are the property of one or more of the member companies and/or affiliates of Accountable Health. By linking, referencing, using or accessing Accountable Health websites, you agree to these Terms and Conditions, including agreeing to indemnify and hold harmless Accountable Health from all claims of any nature arising from your access and use of these websites. These Terms and Conditions may be changed at any time at the sole discretion of Accountable Health and pertain to all Accountable Health websites.

III. Consent to do Business Electronically

By consenting to do business electronically, you:

  • You typically are not required to conduct transactions electronically. You may continue to conduct transactions through other methods available to you (such as calling customer service or filling out paper forms);
  • Consent to, and acknowledge that activity through the Accountable Health websites may be viewed, monitored and recorded by Accountable Health, including to help prevent and detect potential fraud or other abuse, including unauthorized access to information;
  • Acknowledge that Accountable Health websites are based in the United States of America and that the laws of the state of Iowa and the laws of the United States of America govern our sites and your use of them; and
  • Understand that our privacy policy and rules apply to the Accountable Health websites and you agree to be bound by them. The privacy policy may be viewed by clicking on the Privacy Notice link.

When presented with the Consent to do Business Electronically, if you do not agree with any of these items, you should select the "Do Not Consent" button and exit the system/application. By selecting "Do Not Consent" you will not be able to conduct business electronically with Accountable Health, which includes not being able to access accounts and information online.

We recommend that you print or save the Consent to retain a copy for your records. Please remember never to share your username and password with anyone. Your username and password are unique to you. If you give this information to another person or entity, they will have access to account details.

Hardware & Software Information.

IV. Secure Websites

By using, accessing or attempting to access Accountable Health websites that require the use of usernames, passwords, Personal Identification Numbers (PINs) or any other method of authentication or any combination of authentication methods (these are defined as "secure websites"), you are certifying you are the person legally associated with the username, password, PINs or additional method(s) of authentication being used. Unauthorized access or use and attempts to access or use secure Accountable Health websites are prohibited and may violate federal and/or state law. Accountable Health may report unauthorized access, use or attempts to access or use to law enforcement. You agree to keep your password confidential, and not to disclose it to any person. You agree that you are fully responsible for maintaining the confidentiality of your password and that you will be fully responsible for any failure to honor this obligation, including damages which flow from or are connected to your failure to honor this obligation, without limitation. You agree that you are fully responsible for all activities that occur under your password. You further agree to exit from your account at the end of each of your sessions on the Website.

V. Products and Services

Products and services are offered through Accountable Health and its subsidiaries. Not all products and services described are available in all states of the USA, or elsewhere in the world. Eligibility for certain products and services may vary.

Information provided on the websites regarding our products and services is not intended to take the place of our agreements governing our products and services, or our disclosures made in accordance with federal and state law. Additionally, this agreement does not take the place of any legally required disclosures for any products or services offered by any of the member companies of Accountable Health.

VI. Intellectual Property; Link and Logo Licensing

The content found on Accountable Health websites, including without limitation, the text, graphics, videos, selection and arrangement of information, and page layouts, is protected by copyright and other intellectual property laws and treaties. You may download and print copyrighted materials for your personal non-commercial use only. You may not modify, transmit, or distribute any of the copyrighted materials without the specific written consent of Accountable Health. Trademarks, service marks and logos used on Accountable Health websites are registered and unregistered trademarks, protected by the laws of the United States and other countries worldwide. Trademarks, service marks and logos used on these websites that have been provided by others are the property of their respective owners. You may not use any of the trademarks, service marks or logos found on these websites without the specific written consent of Accountable Health or their respective owners.

VII. Privacy

Personal Information is information that identifies an individual and includes personal health information. You will need to provide Personal Information if you choose to participate in any of the wellness activities that are part of the Wellness Program available through the Website.

AHS will collect, use and disclose your Personal Information in connection with: (1) your use of the website, and (2) your participation in Program activities. The information collected on your use of the website may include the time you connected to the Website, how long you were on the Website, the parts of the Website that you visited or used, and the type of browser you used to access the Website. Information on your use of the Website will be processed by AHS and aggregate (anonymous) usage data provided to Employer for purposes that include an assessment of the degree of interest in and the benefits derived from the website and Wellness Program by Employer employees and their families, an analysis of the website content to determine what if anything needs to be modified, supplemented, added or removed from the website, and monitoring to ensure that there is no unauthorized use of the website. Additionally, Accountable Health will use and disclose your health information as necessary for health care operations. For example, we may use your health information for quality assessment and improvement activities; population-based activities relating to improving health or reducing health care costs, protocol development, case management and care coordination; training and evaluating our personnel to improve their skills; accreditation, certification, licensing and credentialing activities; conducting or arranging for medical review, legal services and auditing; business planning and development relating to our management and operation; and conducting our activities. AHS will not disclose any Personal Information to Employer. Provided, however, that if the Employer Wellness Program includes employee incentives based, in whole or in part, on use of the website or on information provided through the websites, AHS will provide a report to Employer that provides the minimum amount of Personal Information necessary to permit the Employer to determine which individuals met those requirements.

For more information about what you are agreeing to permit AHS to do with your Personal Information including your personal health information by accepting these Terms of Use and using the website, either to review information or to participate in the Wellness Program, please review the AHS Notice of Privacy Practices by clicking on the link found at the bottom of the page. Further details about the Wellness Program and Employer' privacy practices can be found by contacting your Employer Program representative. To be clear, by accepting these Terms of Use, and each time you use the website, you will be consenting to the collection, use and disclosure of your information, including your Personal Information and personal health information, as described in the AHS Notice of Privacy Practices, the Employer privacy practices and these Terms of Use without any further notice, responsibility or liability to you (or any other user of the website) by Employer or AHS. If you have any questions about the use of your Personal Information, please contact your Employer Program representative.

VIII. No Legal, Investment Health or Medical Advice

Information provided through the websites is intended to provide general education about the subject matter covered and is provided with the understanding that Accountable Health is not rendering legal, accounting, medical or tax advice.

Health, medical and wellness information is provided for the sole purpose of general education on health-related matters. Consult with a health care provider regarding your own health concerns and before beginning any diet or exercise program.

IX. Links to Other Sites - Limitation of Liability

Accountable Health may provide, or third parties may provide, for your convenience and information only, links to other websites. Because Accountable Health does not have control over these sites, you agree that Accountable Health is not responsible for any liability resulting from the access or use of sites not owned by Accountable Health and Accountable Health is not responsible for any content, advertising, product, or any other matter or issue, available through the World Wide Web, whether linked to, or from, Accountable Health websites. Further, you agree that Accountable Health shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by or in connection with the use of websites Accountable Health does not own.

X. Third Party Applications - Modification Prohibited

Accountable Health may provide you with access to third-party applications and services through the websites. You agree not to modify, decompile or reverse engineer any such third party applications, or any code related to such third party applications.

XI. Termination and Blocking

You agree that Accountable Health reserves the right to terminate and/or block your use or access of the websites for any reason without prior notice to you.

XII. Monitoring

Accountable Health reserves the right to monitor your access and use of the websites without notification to you. Accountable Health may record or log your use in any manner, as set out in section VII of this document.

XIII. Hardware and Software Recommendations

We recommend using a computer with a Pentium 4+, 1.8+ GHz processor, minimum 256+ MB (megabytes) of RAM (Random Access Memory), at least a 56K Internet connection speed and 40 GB hard disk storage, CD-ROM - 48X, Windows 2000 or XP Operating System, Microsoft Office 2000 (or higher).

For the best possible experience using Accountable Health websites, we recommend you:

  • Have access to a computer with an operating system that allows you to use software programs to either save files on a storage device for later reference or is connected to a printer that will print out information displayed on your Internet browser.

XIV. Export Control

The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export any Material to countries or persons prohibited under the export control laws. By downloading any Material, you are agreeing that you are not in a country where such export is prohibited and that you are not a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any Material.

XV. Limitation of Liability

YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE ACCOUNTABLE HEALTH WEBSITES AND THE CONTENT THEREOF IS AT YOUR RISK. YOU AGREE, THAT UNDER NO CIRCUMSTANCES SHALL ACCOUNTABLE HEALTH BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES OR YOUR REFERENCING, USING, ACCESSING, INABILITY TO USE OR ACCESS OR LINKING TO OR FROM THE ACCOUNTABLE HEALTH WEBSITES OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. There are some jurisdictions that do not allow for the exclusion of certain warranties or the limitation or exclusion of liability for consequential or incidental damages. In all such jurisdictions, the liability of Accountable Health is limited to the greatest extent permitted by law.

XVI. Governing Law; Severability

These Terms of Use are governed by the laws of the State of Iowa with jurisdiction and exclusive venue for any actions arising out of or relating in any way to your use of the websites lies in Polk County, Iowa. By referencing, using or accessing the websites, you are irrevocably agreeing to and accepting the jurisdiction of state or federal courts in Polk County, Iowa in connection with any legal action that may be brought against, or by, you in connection with the websites or these Terms of Use.

In the event any of the provisions of these Terms of Use shall be determined by a court of competent jurisdiction to be invalid, any such provision determined to be invalid shall not affect the validity of all remaining provisions.