Provant 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 Provant 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 Provant Health. By linking, referencing, using or accessing Provant Health websites, you agree to these Terms and Conditions, including agreeing to indemnify and hold harmless Provant 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 Provant Health and pertain to all Provant 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 Provant Health websites may be viewed, monitored and recorded by Provant Health, including to help prevent and detect potential fraud or other abuse, including unauthorized access to information;
- Acknowledge that Provant 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
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 Provant 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 Provant 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 Provant Health websites are prohibited and may violate federal and/or state law. Provant 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 Provant 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 ProvantHealth.
VI. Intellectual Property; Link and Logo Licensing
The content found on Provant 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 Provant Health. Trademarks, service marks and logos used on Provant 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 Provant Health or their respective owners.
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.
Provant Health 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 Provant Health 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, Provant 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. Provant Health 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, Provant Health 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.
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 Provant 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
Provant Health may provide, or third parties may provide, for your convenience and information only, links to other websites. Because Provant Health does not have control over these sites, you agree that Provant Health is not responsible for any liability resulting from the access or use of sites not owned by Provant Health and Provant 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, Provant Health websites. Further, you agree that Provant 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 Provant Health does not own.
X. Third Party Applications - Modification Prohibited
Provant 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 Provant Health reserves the right to terminate and/or block your use or access of the websites for any reason without prior notice to you.
Provant Health reserves the right to monitor your access and use of the websites without notification to you. Provant 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 Provant 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 PROVANT HEALTH WEBSITES AND THE CONTENT THEREOF IS AT YOUR RISK. YOU AGREE, THAT UNDER NO CIRCUMSTANCES SHALL PROVANT 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 PROVANT 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 Provant Health is limited to the greatest extent permitted by law.
XVI. Governing Law; Severability