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TERMS OF USE AND NOTICE OF PRIVACY PRACTICES


This website and the services offered through this website (collectively, this "Site") are operated and maintained by WholeHealthMD.com, LLC and/or its affiliates (collectively, "WholeHealthMD"). Please read this agreement carefully before using this Site. WholeHealthMD provides Internet-based patient health care information on this Site. By accessing or using this Site in any way, including, without limitation, browsing this Site, using any information, and/or submitting your personal information to WholeHealthMD, you signify your understanding of and agreement to be bound by the terms, conditions, policies and notices contained on this page (these "Terms of Use"), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Tennessee law.

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. WholeHealthMD 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.

WholeHealthMD 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 WholeHealthMD.

WholeHealthMD may revise and update these Terms of Use at any time. Please periodically review these Terms of Use as posted on this Site because your continued use of this Site after changes to these Terms of Use have been posted will mean that you accept those changes.

Section 1. DISCLAIMER; NO MEDICAL ADVICE.
    a. 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.

    b. WholeHealthMD Staff. WholeHealthMD 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.

    c. 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. WholeHealthMD 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. WholeHealthMD is not responsible or liable for any injury that may result from improper training. WholeHealthMD 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 AND THAT YOU WILL NOT HOLD WHOLEHEALTHMD LIABLE OR RESPONSIBLE FOR ANY INJURY THAT MAY OCCUR.
Section 2. GENERAL INFORMATION ABOUT THIS SITE.
    a. Records. Professionals engaged by WholeHealthMD 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 WholeHealthMD staff should be considered to be your treating or care giving health care professional. Neither WholeHealthMD, your health plan, nor their affiliates will have any records concerning contacts you may have made to this Site.

    b. Employer, Health Plan, or Sponsoring Organization Subscription Offering. If applicable, you may have been provided access to this Site by 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 WholeHealthMD or its affiliates. Your access 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 access may be terminated without notice.

    c. Your Information. The information you provide to this Site, if any,is not a medical record. Such information, however, will be treated as private and confidential, as required by applicable law and by WholeHealthMD's contractual agreements with its customers. Neither WholeHealthMD nor your health plan/sponsoring organization will sell your medical information, but either may use and sell general aggregate information without personally identifiable information, to the extent permitted by WholeHealthMD's contracts with its customers and applicable law. While WholeHealthMD uses commercially reasonable security measures to prevent unauthorized persons from accessing WholeHealthMD files or tampering with this Site, WholeHealthMD cannot guarantee that these efforts will always be successful.

    d. Your Rights and Responsibilities.
    You have the right to:
      1. Receive information about WholeHealthMD, including: if applicable, services provided on behalf of your health plan, employer or plan sponsor; WholeHealthMD colleagues and colleague qualifications; and contractual relationships;
      2. Decline participation, revoke consent or dis-enroll from services offered by WholeHealthMD;
      3. Receive accurate and understandable information from WholeHealthMD;
      4. Be treated courteously and respectfully by WholeHealthMD's colleagues;
      5. The identity of the WholeHealthMD colleague that you are working with and their job title, and to speak with their supervisor if requested;
      6. Request a change to the colleague assigned to you, if any;
      7. Be supported by WholeHealthMD to make decisions interactively with your practitioners regarding health care;
      8. 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;
      9. Have your personal health information kept confidential; know what entities have access to your information; and know WholeHealthMD's procedures to ensure privacy and confidentiality;
      10. Communicate complaints to WholeHealthMD and receive instructions on how to use the complaint or appeal process of WholeHealthMD or your health plan, employer or plan sponsor; and
      11. Receive administrative information regarding changes in or termination of program services.
    You are responsible for:
      1. Deciding whether to follow care advice offered by WholeHealthMD;
      2. Providing WholeHealthMD with information necessary to carry out its services
      3. Submitting any forms that are necessary to participate in WholeHealthMD's program;
      4. Giving accurate clinical or health condition information to WholeHealthMD;
      5. Advising your treating practitioner of your participation in the WholeHealthMD programs; and
      6. Notifying WholeHealthMD and your treating practitioner of any decision to revoke consent or dis-enroll from WholeHealthMD's programs.

    e. Email Communications. You acknowledge and agree that your email address provided during the registration process, if any, will be the email address WholeHealthMD will use for all Site-related communications with you. You hereby consent to WholeHealthMD's use of your email address for all Site-related communications.

    f. WholeHealthMD's Information. This Site strives to be a valuable resource of information for its users. However, WholeHealthMD cannot ensure that the information provided is exhaustive or complete on every subject or that it will necessarily include all of the most recent information available on a particular topic. This information is of a general nature and you are encouraged to review it with your personal physician. Users should never delay, ignore, or fail to obtain medical advice based on information obtained from this Site.

    g. Information from Others; Advertisements. This Site may include or provide links to other websites on the Internet. These other web sites may provide opinions, recommendations, or other information from various individuals, organizations, or companies. This Site also may contain advertisements by third parties, and these advertisements may contain links to other web sites. Unless otherwise specifically stated, WholeHealthMD does not endorse any product or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on this Site.

    IN PROVIDING SUCH LINKS AND/OR ADVERTISEMENTS, WHOLEHEALTHMD DOES NOT INVESTIGATE THE CONTENT OF SUCH INFORMATION. WHOLEHEALTHMD 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.
    a. User Responsibility for Account Use. You may NOT share your access to this Site with others or to any third party. You must notify WholeHealthMD at WholeHealthMD, c/o Healthways, Inc., 701 Cool Springs Blvd., Franklin, TN 37067, Attn: Privacy Officer, of any known or suspected unauthorized use(s) of this Site, or any known or suspected breach of security, including but not limited to loss, theft or unauthorized disclosure of your password to this Site, if any. 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 WholeHealthMD's sole discretion, and WholeHealthMD may refer you to appropriate law enforcement agencies.

    b. 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 WholeHealthMD 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 WholeHealthMD or its licensors.

    c. Restrictions. Subject to your acceptance of these Terms of Use, WholeHealthMD authorizes you to view, download and/or print a small number of copies on the Content on this Site solely for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. Otherwise, no Content from this Site may be reproduced, modified, republished, transmitted, displayed, performed, or distributed in any way. You may not modify, sell, assign, or transfer the Content or reproduce, display, distribute or otherwise use the Content in any way for any public or commercial purpose or otherwise except as expressly permitted herein. You may not reverse-engineer, disassemble, decompile, or create any derivative works based on the Content. Content is subject to change without notice at the editorial discretion of WholeHealthMD.

    d. Use of Interactive Areas. WholeHealthMD 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 WholeHealthMD or its staff. WholeHealthMD 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.

    You are responsible and liable for all activities conducted by you in such Interactive Areas and for the content of your messages. You shall be solely responsible for ensuring that you do not act in any manner which constitutes, or forms a part of a course of conduct amounting to, a violation of any state, federal or other applicable competition law. If you violate these Terms of Use, you will have your access to the Interactive Areas suspended and may permanently be banned from using such Interactive Areas. You specifically agree that you will not:
      1. Violate any code of conduct or other guidelines which may be applicable for any particular Interactive Area;
      2. Allow any other person or entity to use your identification to post or view comments;
      3. delete, modify, hack or attempt to change or alter any of the Content on the Site;
      4. 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);
      5. 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;
      6. 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;
      7. advertise or offer to sell or buy any goods or services for any business purpose, unless such an Interactive Area specifically allows such messages;
      8. restrict or inhibit any other user from using and enjoying the Interactive Areas;
      9. publish, post, upload, distribute or disseminate any inappropriate, profane, obscene, indecent or unlawful topic, name, material or information; or
      10. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any third party.

    WholeHealthMD has no obligation to monitor any Interactive Areas on this Site. However, WholeHealthMD reserves the right to review, reprint, modify, distribute, remove or delete any posts in the Interactive Areas, regardless of whether such communication(s) violate these Terms of Use. WholeHealthMD reserves the right at all times to disclose any information as WholeHealthMD deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in WholeHealthMD's sole discretion. WholeHealthMD is not obliged to maintain back-up copies of any material submitted or posted on this Site.

    e. 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.
    a. Privacy Policy. WholeHealthMD may collects and transmit personally identifiable information about users through this Site only when the user voluntarily provides such information. The following policies apply solely to information collected or transmitted through this Site, and not to information collected offline or through any other websites (even if affiliated with WholeHealthMD).

    b. Use of Personally Identifiable Information. WholeHealthMD, its colleagues, management and board members, will preserve the confidentiality of your personal health information collected, and will only use, disclose and transmit your personal health information to provide WholeHealthMD's services as permitted by law and its customer contracts. Each year all WholeHealthMD colleagues confirm their responsibility to preserve the confidentiality of your personal health information. In addition, WholeHealthMD will ensure that only the minimum necessary number of WholeHealthMD colleagues will have access to your information.

    c. Email Correspondence. Scattered throughout this Site are links or forms that can be used to contact WholeHealthMD 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. WholeHealthMD 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.

    d. Aggregate Information. WholeHealthMD 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. WholeHealthMD 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.

    e. Retention of Information. It is not possible for a user to delete his or her profile from WholeHealthMD's 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.

    f. Third Party Privacy Practices. WholeHealthMD may permit third parties to offer subscription and/or registration-based services through this Site. In this event, WholeHealthMD is not responsible for any actions or policies of such third parties and users should check the applicable privacy policy of such party before providing personally identifiable information.

    g. Disclosure of Customer Information Through Business Transfers. As WholeHealthMD continues to develop our business, WholeHealthMD 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 WholeHealthMD's 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.
    a. 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. WholeHealthMD therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

    b. No Warranties. Neither WholeHealthMD nor your health plan/plan sponsor 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.

    c. Disclaimer. INFORMATION SUPPLIED BY WHOLEHEALTHMD ON THIS SITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS". NEITHER WHOLEHEALTHMD, 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.

    d. Limitation of Liability. BY ENTERING OR USING THIS SITE, YOU HEREBY EXPRESSLY AGREE THAT WHOLEHEALTHMD, 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 WHOLEHEALTHMD 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.

    e. Limitation on Actions. Any claim or cause of action arising out of your use of this Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by WholeHealthMD to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.
Section 6. GOVERNING LAW; DISPUTE RESOLUTION.
    a. Governing Law. These Terms of Use and the application of these provisions, disclosures and disclaimers and all other matters arising from your use of this Site or of any information you obtain from this Site shall be governed by the laws of the United States of America and the State of Tennessee.

    b. Binding Arbitration. You agree that any dispute arising out of or relating in any way to your use of this Site requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate WholeHealthMD's intellectual property rights, WholeHealthMD may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in Nashville, Tennessee, United States, in accordance with the rules of the American Arbitration Association ("AAA"), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys' fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms of Use, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law.

    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.

    c. 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.

    d. 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 WholeHealthMD hereby expressly consent to the exercise of jurisdiction by such courts.
Section 7. MISCELLANEOUS.
    a. No Medical Questions. Please do not send personal medical questions to WholeHealthMD through this Site. With respect to other communications to WholeHealthMD or its affiliates, WholeHealthMD does not guarantee that it will respond to all inquiries.

    b. Severability. If any part of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of these Terms of Use will remain fully in force.

    c. Notices. Any notice to WholeHealthMD shall be given in writing and sent by certified and registered mail to WholeHealthMD, c/o Healthways, Inc., 701 Cool Springs Blvd., Franklin, TN 37067, Attn: Corporate Counsel.

    d. Acknowledgement. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH ABOVE ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND TO THEM IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY. BY USING THIS SITE OR ANY SERVICES OFFERED ON THIS SITE, YOU ACKNOWLEDGE AND CONFIRM THAT (I) YOU HAVE READ AND UNDERSTAND ALL OF THE ABOVE AGREEMENT, TERMS, POLICIES, PROVISIONS, DISCLOSURES AND DISCLAIMERS, (II) THAT THESE TERMS OF USE HAS THE SAME FORCE AND EFFECT AS A SIGNED, WRITTEN AGREEMENT, AND (III) THAT YOU EXPRESSLY AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF USE.
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Disclaimer: All material provided in the WholeHealthMD website is provided for educational purposes only. Consult your physician regarding the applicability of any information provided in the WholeHealthMD website to your symptoms or medical condition.