Terms and Conditions of Use
1. ACCEPTANCE AND ACKNOWLEDGEMENT
2. PROGRAM DESCRIPTION
Our programs are designed to: educate you on health-related issues, and to encourage and support you in your efforts to manage your health and wellbeing. Programs may include access to information about a particular disease or chronic condition (for example, cancer or diabetes), participation in peer groups, and assistance from coaches, facilitators and other advocates. We hope to empower you to change unhealthy behaviors and achieve your health-related goals. HOWEVER, THE PROGRAMS DO NOT ESTABLISH (OR REPLACE) A DOCTOR-PATIENT RELATIONSHIP OR ANY OTHER RELATIONSHIP BETWEEN A PATIENT AND A HEALTHCARE PROVIDER. THE PROGRAMS DO NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. NEVER DISREGARD YOUR PHYSICIAN’S OR OTHER HEALTHCARE PROVIDER’S ADVICE OR DELAY SEEKING THEIR ADVICE AS A RESULT OF ANYTHING YOU HAVE READ OR LEARNED FROM THE PROGRAM. YOU SHOULD ALWAYS TALK TO YOUR HEALTH CARE PROVIDER FOR DIAGNOSIS AND TREATMENT, INCLUDING YOUR SPECIFIC MEDICAL NEEDS. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR CALL FOR EMERGENCY MEDICAL HELP ON THE NEAREST TELEPHONE.
The Programs are not designed or intended to be used by individuals under 18 years of age. If you are under the age of 18, do not use, or access, the Programs or provide any information to us. By using the Programs, you represent and warrant that you are at least 18 years old and have the capacity to enter into this contract.
4. PROGRAM OWNERSHIP AND LICENSE
(b) All trademarks, logos, designs, slogans, and trade dress appearing on, or used in connection with, the Programs, whether or not appearing in large print, italics, or with the trademark symbol, are owned by us or are used under license. You do not have the right to use any trademarks, logos, designs, slogans, or trade dress appearing on, or used in connection with, the Programs. Unless otherwise noted in the Program text, you should assume that everything you see or read in the Programs is owned or licensed by us and cannot be used without our written permission. Your only right to use and access Program text, images and other content and information is for the purpose of participating in the Program during the term of the Program subscription.
(c) You agree that you will not decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover the source code for any Program software (including software that supports the operation, features or functionality of a Program).
5. MODIFICATION OF THE PROGRAMS
Johns Hopkins reserves the right to discontinue, modify or alter any aspect of the Programs. These changes may include (but are not limited to): (i) redesigns of the website or mobile app, (ii) changes to the features or functionality of Programs, and (iii) changes to Program availability.
6. THIRD PARTY DATA FEES
To the extent that your use of the Programs requires, or permits utilization of, wireless, cellular data, or internet access, you are independently responsible for securing the necessary data access service. For example, with respect to your mobile devices, the provider of your data plans may charge you data access fees in connection with your use of the Programs. You are solely responsible for all such charges payable to third parties.
7. SUBSCRIPTION TERM
(b) Except where you are paying the Program subscription fee, your right to access and use the Program is linked to your employer’s account with us. You understand and acknowledge that we may revoke your access to a Program concurrent with the termination or expiration of your employer’s account with us. Your employer also controls your ability to access the Programs and may terminate such access. For example, if your employer determines that you are not eligible to receive the benefit of a Program subscription (e.g., where a subscription is only available to employees and your employment is terminated), your access to the Program may terminate at the request or direction of your employer. We are not responsible or liable for any termination or cancellation of a Program subscription.
8. CONDUCT STANDARDS
You may access the Programs for lawful purposes only. When accessing or using the Programs, you agree not to: (i) act in any fashion or encourage any action that might harm, harass or endanger another person; (ii) infringe on the personal rights of others; (iii) publicize information that could create a privacy or security risk for another person; (iv) violate the intellectual property, proprietary rights, or any other rights of others; (v) transmit, store or upload files or contents to which you are not entitled; (vi) use the Program in any manner that could damage, disable, overburden, impair, or compromise our servers, networks or data; (vii) attempt to gain unauthorized access to any services, user accounts, or computer systems or networks; or (viii) provide false data for the purpose of registration or otherwise attempt to evade the requirements of eligibility. We may revoke your access to the Programs and/or take other appropriate measures to enforce these standards. YOU MAY BE LIABLE FOR THE DAMAGES SUFFERED BY INDIVIDUALS OR ENTITIES AS A RESULT OF YOUR CONDUCT (INCLUDING COMMENTS AND OTHER CONTENT COMMUNICATED BY YOU). THIS LIABILITY MAY RESULT IN CIVIL AND/OR CRIMINAL FINES AND PENALTIES. WE WILL FULLY COOPERATE WITH ANY CIVIL OR CRIMINAL INVESTIGATIONS OR INQUIRIES REGARDING ANY ACTION OR ACTIVITY THAT IS ALLEGED TO HAVE BEEN UNDERTAKEN BY YOU. WE ARE NOT LIABLE FOR THE DAMAGES OR HARM THAT YOU MAY SUFFER AS A RESULT OF ANY ACTION TAKEN IN GOOD FAITH BY US OR OUR DISTRIBUTORS, LICENSORS, SERVICE PROVIDERS, OR CONTRACTORS IN CONNECTION WITH ANY CIVIL OR CRIMINAL INVESTIGATIONS OR INQUIRIES OR OTHER ACTIONS BY GOVERNMENT AGENCIES OR PRIVATE INDIVIDUALS.
10. ACCOUNT INFORMATION
(a) You may be required to register and/or establish a user account for the Programs. The security of your information is important to us. We take precautions to protect your information by implementing safeguards to protect the information we collect. But you should keep in mind that no website or Internet transmission is ever completely secure or error-free. PLEASE NOTE: The safety and security of your information also depends on you. If you fail to maintain the confidentiality of your account information, we are not liable for any harm or damages that you may suffer as a result. We urge you to take steps to keep your personal information safe, such as choosing strong passwords and never sharing your password with anyone else. If you create or receive a password in connection with Program access, please notify us promptly if you believe your password security has been breached, and remember to log off of the Program before you leave your computer or mobile device.
(b) We may also ask you to complete surveys or questionnaires and otherwise report information to us in connection with our delivery of the Programs. You agree to provide us with information that is current, complete and accurate.
(c) You grant Johns Hopkins and all other persons or entities involved in the operation of the Programs the right to transmit, monitor, retrieve, store, and use any information recorded and/or stored in your account in connection with the operation of the Programs to the extent permitted by law. You agree to notify us immediately if you become aware of any security violation or breach including, unauthorized access to your account information.
12. COACHING SERVICES
(a) Your Program subscription may include access to a coach, facilitator or healthcare navigator (each, a “Coach” and their services, the “Coaching Services”). If you have access to Coaching Services, your Coach will work with you to provide education, information and personal support regarding your health-related issues and goals. We cannot guarantee that you will have access to the same Coach for the duration of any Program. We may engage more than one Coach to support you and we reserve the right to replace Coaches without notice.
(b) THE COACHING SERVICES ARE DESIGNED TO AID YOU IN YOUR EFFORTS TO BECOME BETTER INFORMED ABOUT YOUR HEALTH, TO MANAGE YOUR HEALTH AND HEALTHCARE AND, WHERE APPLICABLE, TO SUPPORT YOU IN YOUR EFFORTS TO LEARN NEW SKILLS AND BEHAVIORS. OUR COACHES WILL NOT DIAGNOSE OR TREAT ANY MEDICAL CONDITION. YOU UNDERSTAND AND ACKNOWLEDGE THAT: (I) YOUR INTERACTIONS WITH A COACH DO NOT CREATE A PROVIDER-PATIENT RELATIONSHIP; AND (II) THE COACHING SERVICES ARE NOT A SUBSTITUTE FOR AN ASSESSMENT OF YOUR HEALTH BASED UPON A LICENSED HEALTHCARE PROVIDER’S EXAMINATION OF YOU AND CONSIDERATION OF ALL FACTORS UNIQUE TO YOU. WE MAY LICENSE A PROGRAM TO A COMPANY OR OTHER BUSINESS ENTITY WHO WILL DELIVER THE PROGRAM TO YOU USING COACHES WHO HAVE NOT BEEN HIRED, CONTRACTED OR SCREENED BY US (“THIRD PARTY COACHES”). WE ARE NOT RESPONSIBLE OR LIABLE FOR THE ACTIONS UNDERTAKEN BY A THIRD PARTY COACH.
13. USER COMMUNICATION TOOLS
The Programs may include forums that facilitate communication from and between users via message boards, chat rooms, bulletin boards, or similar tools. Any component of a Program that facilitates communication between you and other users is called a “User Communication Tool” and the information that you receive and transmit or otherwise publish is called “User Content”. YOU UNDERSTAND AND ACKNOWLEDGE THAT USER CONTENT IS NOT CONFIDENTIAL. When you post or otherwise submit or transmit User Content, you are giving us permission to use, reproduce, modify, perform, display, distribute and otherwise disclose that content to third parties, subject to our Privacy Statement and, where applicable, our HIPAA Notice of Privacy Practices. We are not responsible or liable for the content or accuracy of User Content. We have the right to remove User Content for any reason (or for no reason). We may also refuse to post User Content at our discretion.
14. DOWNTIME AND OUTTAGES
From time to time, we will perform maintenance on the Programs and/or on the technology platform that supports the Programs. You may not be able to access the Programs, either partially or entirely, while we are conducting maintenance. You specifically acknowledge that outages and downtime may occur. Whenever possible, we will perform maintenance during off-peak hours and will try to manage outages and downtime in a manner that minimizes the disruption to you.
NEITHER JOHNS HOPKINS NOR ITS LICENSORS, SERVICE PROVIDERS, OR DISTRIBUTORS (COLLECTIVELY, THE “PROGRAM AFFILIATES”) MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PROGRAMS AND SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, ACCURACY, AND NON-INFRINGEMENT. THE PROGRAMS AND ALL RELATED CONTENT ARE PROVIDED AS-IS WITH ALL FAULTS. NEITHER JOHNS HOPKINS NOR THE PROGRAM AFFILIATES ARE RESPONSIBLE FOR MAKING ANY ALTERNATIONS OR MODIFICATIONS TO THE PROGRAM OTHER THAN THOSE DEEMED BY JOHNS HOPKINS, AT ITS SOLE DISCRETION, TO BE NECESSARY AND APPROPRIATE. WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT SHALL JOHNS HOPKINS OR THE PROGRAM AFFILIATES BE LIABLE TO YOU ON ACCOUNT OF ANY USE, MISUSE OR RELIANCE ON THE PROGRAMS.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF JOHNS HOPKINS AND THE PROGRAM AFFILIATES IS LIMITED TO THE AMOUNT PAID FOR YOUR INDIVIDUAL USE AND/OR PARTICIPATION IN THE PROGRAM DURING THE SIX (6) MONTH PERIOD PRIOR TO THE DATE OF THE EVENT GIVING RISE TO YOUR CLAIM.
Any notices or other communication that we deliver to you in connection with the Programs (the “Communications”) may be delivered electronically including by e-mail, text, in-app notifications, or by posting on the applicable website or through the applicable Program. You agree to receive Communications electronically. You also agree that all electronic Communications will satisfy any legal requirement that such communications be in writing.
18. GOVERNING LAW
19. ADDITIONAL TERMS AND CONDITIONS
(a) Subscriptions to Renewable Term Programs are for a term of one-year unless a term of different duration is otherwise described in the Program documentation. At the end of each subscription term, you will have the option to renew or cancel your subscription. If you purchased a Program subscription through your employer’s benefits enrollment process, your Renewable Term Program subscription will apply during the benefits period for which the subscription was purchased (typically, one year). Some employers have what is referred to as a “passive enrollment,” where employees can retain benefits they elect year over year without having to make an active election. If your employer has passive enrollment, your Renewable Term Program subscription may automatically renew unless you affirmatively cancel the subscription by changing your benefit elections.
(b) FAILURE TO PAY THE SUBSCRIPTION FEE CANCELS OUR OBLIGATION TO DELIVER THE PROGRAM. A failure to pay occurs in any situation where payment is not made in a timely manner. We may, in our discretion, elect not to cancel a subscription immediately for non-payment, in which case you will continue to be responsible for the fees due for the duration of the applicable subscription. In addition, if you fail to pay subscription fees for a Program, we may suspend your rights to use that Program or we may change the type of privileges you have to access and use the Program (e.g., by revoking your access to Coaching Services). We will endeavor to notify you of any failure to make payment, but we are not obligated to do so.