By using our Applications you are agreeing to these Terms. Please read them carefully.
We may modify these Terms at any time by posting the revised Terms on the Applications. You can determine when these Terms were last revised by referring to the "LAST UPDATED" legend at the bottom of these Terms. Any modifications will be effective immediately upon such posting. Your use of or access to the Applications after such modifications are posted will signify your acceptance of the modifications and your agreement to be bound by them. Notwithstanding the foregoing, any modifications to these Terms shall not apply to any dispute between us arising prior to the date on which we post the revised Terms that contain such modifications.
Information on the Applications is provided "AS IS" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The data set forth herein is for informational purposes only, and no warranty is made that the information is error-free. Please note that once you leave an Application or arrive at an Application from another non-ActiveHealth location, either by using a link we may have provided for your convenience or by specifying your own destination, ActiveHealth accepts no responsibility for the content, products and/or services provided at these non-ActiveHealth locations. ActiveHealth does not control, endorse, promote or have any affiliation with any other website or software application (including mobile applications) unless expressly stated herein.
Limitation of Liability
IN NO EVENT WILL ACTIVEHEALTH BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE APPLICATIONS, OR ANY OTHER HYPER-LINKED WEBSITE OR SOFTWARE APPLICATION (INCLUDING MOBILE APPLICATIONS), INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA ON YOUR EQUIPMENT, OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
Changes to the Applications
Information may be changed or updated without notice. ActiveHealth has no obligation to update information presented on the Applications, so information contained herein may be out of date at any given time. ActiveHealth may also make improvements and/or changes in the products and/or programs described in this information at any time without notice.
What are our Applications?
Our Applications are confidential and secure, web and mobile based services that allow ActiveHealth members to obtain access to and organize their own health information. Our Applications provide you with useful information about opportunities for improving the quality of your medical care that you can share with your doctor. Our Applications are offered in connection with your health benefit plan through ActiveHealth Management and there is no separate charge to you for this service.
Not a Substitute for Professional Health Care or Advice
Our Applications use a proprietary software system, CareEngine®, to identify ways in which your health care might be improved. The CareEngine matches information in our Applications about your health and treatment against a set of generally accepted clinical "best practices" derived from the medical literature. For example, the CareEngine might identify that you have recently filled prescriptions for two drugs that should not be taken at the same time.
The clinical messages, called Health Action Alerts, issued by the CareEngine are for informational purposes only. Similarly, our Applications contain other health information that is general in nature. These messages and information do not constitute, and are not intended as, a substitute for professional health care. They are not meant to replace the advice of health care professionals. Your doctor and other health care providers are solely responsible for your medical treatment. If you have specific health care needs, or for complete health information, please see a doctor or other health care provider.
The Health Action Alert messages are delivered to you in order to provide you with information you can discuss with your doctor. We encourage you to speak with your doctor about the Health Action Alerts, so you and your doctor can determine whether any change in your medical care is warranted. You should never rely on these messages as the sole basis for changing your medical treatment. The messages may not be appropriate for your particular medical condition because the messages are based exclusively on information in our Applications, which may be incomplete. As always, if you think you have a medical emergency, you should immediately call your doctor or 911.
May I Link to Other Sites Through your Applications?
Our Applications contains links to websites operated by other parties. The links are provided solely for your convenience. ActiveHealth does not control these websites and we are not responsible for their content or performance. The inclusion of links to other websites does not imply any endorsement by ActiveHealth of these websites or their operators. Use of these websites is strictly at your own risk.
Which Restrictions Apply to my Use of your Applications?
ActiveHealth, CareEngine®, and their associated logos and all other trademarks, service marks, trade names, logos, domain names, URLs and icons (“ActiveHealth Marks”) and all content included in the Applications (“Content”), registered or not, are the property of ActiveHealth or their respective owners. Nothing in the Applications grants you any right or license to use, sell, display, distribute or reproduce any of the ActiveHealth Marks or Content without the express written permission of ActiveHealth or the third party owners of the ActiveHealth Marks or Content. Unauthorized use may violate trademark and other laws. Upon acceptance of these Terms, ActiveHealth grants you a limited license to view, download and print copies of the ActiveHealth Marks and Content solely and exclusively for your personal, noncommercial use.
Ownership of the Applications
The Applications (including any content made available through the Applications) are the property of ActiveHealth (or its licensors) and are protected by applicable intellectual property laws. The Applications are licensed, not sold, to you. You may utilize the Applications only as permitted by these Terms. You may not, and will not permit any other party to: (1) modify, adapt, alter, translate or create derivative works of the Applications; (2) use or merge the Applications, or any component or element thereof, with other software, databases or services not provided by ActiveHealth; (3) sublicense, distribute, sell or otherwise transfer the Applications to any third party; (4) use the Applications as a service bureau, or lease, rent or loan the Applicaitons to any third party; (5) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the Applications; (6) interfere in any manner with the operation of the Applications; (7) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the Applications; (8) create a database by systematically downloading and storing the Applications; (9) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather the Applications or reproduce or circumvent the navigational structure or presentation of the Applications without our express prior written consent; or (10) use the Applications for any commercial purposes. You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the Applications. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Applications.
You agree that you will not post any offensive material in our Applications or use our Applications to perpetrate a fraud or commit a crime. You agree that you will not upload any false or illegal information into our Applications.
ActiveHealth may suspend or terminate your use of or access to the Applications if you fail to comply with these Terms. Such suspension or termination may result in the permanent deletion of your information or other previously available content.
Our Applications are occasionally unavailable due to maintenance and as such will not be available to members during those times. ActiveHealth shall not be obligated or responsible for providing access to any uploaded documents during these times.
Not a Solicitation
The products and/or services descriptions, if any, provided on this site are not intended to constitute offers to sell or solicitations in connection with any product or service of ActiveHealth or any of its affiliated companies. All products and services are not available in all areas and in many instances may be offered only through employers or plan sponsors.
Apple-Specific Terms and Conditions
In addition to your agreement with the foregoing Terms, and notwithstanding anything to the contrary herein, you acknowledge and agree to the following provisions with respect to your use of any Application that is compatible with the iOS operating system of Apple Inc. ("Apple"). Apple is not a party to these Terms and does not own and is not responsible for the Applications. Apple is not providing any warranty for the Applications, except if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Applications and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Applications, including, without limitation, any third-party product liability claims, claims that the Applications fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Applications, including those pertaining to intellectual property rights, must be directed to ActiveHealth. The license you have been granted herein is limited to a non-transferable license to use the Applications on an Apple-branded product that runs Apple's iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple's App Store SM Terms of Service. In addition, you agree to comply with the terms of any third-party agreement that is applicable to you when using the App, such as your wireless data service agreement. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. Notwithstanding the immediately preceding sentence, ActiveHealth's right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.