This service provides individual users the ability to use and view an individual’s wellness content online. This service is provided by Hooper Holmes, Inc. d/b/a Provant Health (“Provant Health”). The following are the terms and conditions that govern this service.
By registering on this site, you agree that you have read and understand these Terms and Conditions and that you expressly agree to be bound by them for as long as you continue to be a member and/or use this site. If you do not agree with any of these terms, do not register for or use this service. It is important that you read this agreement carefully before registering and using this service. The terms of this agreement are subject to change at any time without notice. You should periodically review these Terms and Conditions so that you are aware of any such changes, as your use of this Web site after any such changes shall be considered your acceptance of the revised terms.
This site may require that users provide sufficient information to indicate that you are eligible to use this site and are not an automated device or technology.
THIS SITE IS PROVIDED FOR EDUCATIONAL PURPOSES ONLY AND IS MEANT TO COMPLEMENT THE ADVICE AND GUIDANCE OF YOUR DOCTOR. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW DIET, TREATMENT, EXERCISE PLAN OR MEDICAL PROCEDURE OR IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION. PROVANT AND ANY CREATORS, DISTRIBUTORS, OR PRODUCERS OF THIS SITE DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED HERE.
The chat, newsgroup, and forum discussions on this website are not guaranteed to be monitored for unacceptable use, nor will statements of fact necessarily be authenticated. Provant reserves the right to delete any post and/or block any user from the communication portions of the website at any time whereby Provant deems the content unacceptable.
TERMINATION OF AGREEMENT
Provant reserves the right to immediately suspend or terminate your access to the service, without notice, upon your breach of any of the terms of this Agreement or upon cancelation of any master agreement whereby eligibility access to the website is provided.
ACCEPTABLE ONLINE CONDUCT
As a member, you acknowledge and agree to the following rules of conduct:
- You will use the service in a manner consistent with any and all applicable laws and regulations in your country, county, and state.
- You understand all data collected and managed on this website is housed, maintained, and administered in the United States of America.
- Whereby access is granted as part of an employee benefit or wellness program, you will adhere to all policies and procedures governing your access and use of electronic mediums as declared by your employer.
- Any personally identifying information disclosed by the member in either communications or the Community section of the site is solely at the discretion of the member.
- You may NOT share your credentials or authorize any other person or technology to user your membership on the site.
- You may NOT transfer your account to any other person or entity.
- You will not use offensive or sexually suggestive material, photos, or language on the site.
- Your usage of the site is at the discretion of the System Administrator.
- Inappropriate conduct is not allowed, what is considered in appropriate is at the discretion of the System Administrator.
- You will not engage in advertising or solicitation to other members, buy or sell any products or services on the site.
You will not post, distribute, reproduce or use any copyrighted material, trademarks or other proprietary information on the site without obtaining prior consent of the owner of such proprietary rights.
- You, the member, are solely responsible for your interactions with other members on the site and any content you publish or display on the site.
- You will not use the site for any chain letters, junk email, or spam.
- You will not damage, disable, disrupt, impair, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of this website, its computer systems, servers or networks or interfere with any other party's use and enjoyment of the services.
- You will not attempt to gain unauthorized access to any services, other accounts, computer systems or networks connected to any Provant server or to any of the services, through hacking, password mining or any other means.
- You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through the services.
- You will not sell access to or the use of this website, including any content contained on, downloaded or accessed from this website or redistribute any content provided on this site.
INDEMNITY BY MEMBER
You agree to defend, indemnify and hold harmless Provant Health, its officers, directors, employees, agents, franchisee's and third parties, from any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use and activities while using the service, including any breach by you of the terms of this Agreement. Provant reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
CONFIDENTIALITY OF MEMBER INFORMATION AND SECURITY
This service will keep confidential all information supplied by you to the site, except that this service may disclose information as required or permitted by law.
It is possible that other Members or users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the service. It is also possible that you may be involuntarily exposed to such offensive or obscene materials. It is possible for others to obtain personal information about you due to your use of the service, and that the recipient may use such information to harass or injure you. Because of these concerns, please carefully select the type of information that you post on the service or release to others. This site is not responsible for the use of any personal information that you may choose to disclose on the service.
This site reserves the right, but has no obligation, to monitor the materials posted in the public areas of the service. This site shall have the right to remove any such material that violates or is alleged to violate any law or this Agreement. Notwithstanding this right, you remain solely responsible for the content of the materials you post in the public areas of the service and your private E-mail messages. E-mails sent between you and other Members that are not readily accessible to the general public will be treated as private by to the extent required by applicable laws. The System Administrator may review private content if cause has been established for such an action, based on reports or suspicion of violation of terms and conditions of this agreement.
PROPRIETARY INTERESTS AND RIGHTS
Provant Health owns and retains other proprietary rights in the service. The service contains the copyrighted material, trademarks and other proprietary information of Provant and its licensors. In addition, other members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information.
By posting information or content to any public area of the service, you automatically grant, and you represent and warrant that you have the right to grant, to and the other Members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of or incorporate into other works such information and content, and to grant and authorize unlimited sublicenses.
ALL CONTENT AND MATERIALS CONTAINED ON THIS SITE ARE PROPERTY OF PROVANT HEALTH. ANY USE OR REUSE OF THIS CONTENT WITHOUT EXPRESSED WRITTEN PERMISSION OF PROVANT IS STRICTLY PROHIBITED. ALL RIGHTS RESERVED. © 2018 PROVANT HEALTH.
DISCLAIMER OF WARRANTY
PROVANT PROVIDES THE SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH PROVANT OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE. PROVANT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
This site does not warrant that your use of the service will be secure, uninterrupted, always available, or error-free, free of viruses or other harmful components, or will meet your requirements, or that any defects in the Service will be corrected.
LIMITATION OF LIABILITY
IN NO EVENT WILL PROVANT BE LIABLE (I) TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF EITHER SUCH PARTY, INC. OR ITS RESPECTIVE AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES II) TO ANY PERSON OTHER THAN YOU.
IN ADDITION, PROVANT DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS, OR "HACKERS") OF THE SERVICE.
STATE BY STATE VARIATIONS.
Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.
You agree that Rhode Island law (regardless of conflicts of law principles) shall govern this Agreement, and that any dispute arising out of or relating to this Agreement shall be subject to the federal and state courts in Rhode Island. This Agreement, accepted upon registering for the service, contains the entire agreement between you and this site regarding the use of the Service. This Agreement may only be amended upon notice by this site to you, or by a writing signed by you and an authorized official of the site. Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Termination of User Privileges for Infringement and Contact Information for Suspected Copyright Infringement:
We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, users who submit User Content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the content they upload does not infringe the copyrights nor other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or it agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access to this Site. We may also in our sole discretion decide to terminate a user's rights to use or access to the Site prior to that time if we have a good faith belief that the alleged infringement has occurred.
GINA ACKNOWLEDGEMENT (if applicable)
Your participation in the HRA is voluntary. You are not required to participate in the HRA. If you decide to participate, and if there are questions in the HRA related to your family medical history or your own genetic information (these questions, if any, are identified on the HRA), you are not required to answer them in order for the employee to receive any incentive the employer offers for your completion of the HRA. If you are a spouse, we are prohibited from collecting your genetic information, including your family medical history, so you should not answer any such questions on the HRA.
We’ll use the health information that you provide to help you. Findings gathered from the HRA will be used to provide you with information to help you understand your current health and potential risks, and may also be used to offer health-related services to you.
Your health information is confidential. We are required by law to maintain the privacy and security of your personally identifiable health information. Unless your employer is conducting the HRA, the medical information collected will not be available to the employer in a way that allows the employer to identify you or the employee. However, both the employer and us may use aggregate or summary (e.g., de-identified) information from the HRA to design or provide additional health services. Any individually identifiable medical information the employer obtains through the wellness program will be maintained separate from personnel records, information stored electronically will be encrypted, and no information you provide will be used in making employment decisions. Appropriate precautions will be taken to avoid a data breach, and in the event a data breach occurs, involving information you provide in connection with the wellness program, we will notify you promptly after learning of the breach.
Your health information will not be sold, exchanged, transferred, or otherwise disclosed except to the extent permitted by law to carry out specific activities related to the wellness program (including the health plan which it is a part of), and you will not be asked or required to waive the confidentiality of your health information as a condition of participating in the wellness program or the employer’s provision of an incentive. Anyone who receives your information for purposes of providing you services as part of the wellness program is required to abide by the same confidentiality requirements. In addition to you, the only individuals who will receive your personally identifiable health information will be licensed health care professions and board certified genetic counselors in order to provide you with health or genetic services under the wellness program. We may disclose your information as necessary to respond to a request from you for a reasonable accommodation to allow you to participate in the wellness program, or as expressly permitted by law.