Effective March 19, 2010

Welcome to http://www.WELLTHEN.ORG (the "Site"). This Site is devoted to creating a community for conversations and creativity about health, well-being and living well. We hope you will join us.

This Site is owned and operated by Harvard Pilgrim Health Care, Inc. ("we" or "us" or Harvard Pilgrim). Our mailing address is 93 Worcester Street, Wellesley, Massachusetts, 02481; our email address is wellthen@harvardpilgrim.org. We do not charge you for merely using our Site; if a particular activity carries a charge, it will be disclosed in connection with the activity. Harvard Pilgrim offers health insurance products and services and maintains a separate website for that purpose at www.harvardpilgrim.org. These Terms of Use ("Terms of Use") do not apply to your use of that website and, instead, only apply to use of this Site.

• "You" are any individual or entity who uses the Site; if you use it as an agent for someone else, "you" means both the person using the Site and their principal. You must be 13 years old if you are younger than that, you are not authorized to use the Site.
• By checking the box confirming you are 13 or older when you become a registered user or by using this Site beyond the Home Page you acknowledge and agree that you have read, understood, and agree to be bound by these Terms of Use and the Privacy Policy referenced below ("Privacy Policy"), all in the form provided by us and without change by you. If you do not accept these Terms of Use and the Privacy Policy, you are not authorized to use this Site.

You may use the Site when and as available. As currently configured, we intend to supply a variety of Content and allow you to do a variety of things such as having conversations and uploading and downloading User Materials about promoting wellness ("Services"), but we are not undertaking an obligation to supply or allow any particular Service and we will change or eliminate Services from time to time in our sole discretion and without prior notice. We also reserve the right to, temporarily or permanently, restrict or block access to all or any part of the Site or Services for some or all users or jurisdictions from time to time without notice; we also reserve the right to charge fees, but we will give notice of that. We have other websites such as www.harvardpilgrim.org, but those sites have their own terms and conditions and are for other purposes.

You are required to register in order to engage in most Site activities. To become a Registered User, you must meet our age requirement and have a valid, active U.S.-based e-mail address at the time of registration. To register you will be required to submit your first and last name, e-mail address (which must be a valid, active U.S.-based e-mail address), a password you create, and user name you create ("User Name"). We caution you against using your real name for your User Name you can better protect your privacy by using a non-identifying User Name; if your email address shows your real name, you might even want to obtain and submit a different email address. With respect to registration, we may refuse to grant you, and you may not use, a User Name or e-mail address that is already being used by someone else; that may be construed as impersonating another person; that might belong to another person; that might violate the intellectual property rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.

You agree to maintain the confidentiality of any password you may use to access the Site, and agree not to transfer your password or User Name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or User Name. You agree to immediately notify us of any unauthorized use of your password or User Name or any other breach of security related to your account or the Site, and to "log off"/ exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing or other obligations of yours under these Terms of Use.

Employees of Harvard Pilgrim or its affiliates and subsidiaries may use this site. No such employee, however, in his or her capacity as a user of this Site, is authorized to speak or otherwise participate on behalf of Harvard Pilgrim.

We grant you permission to use the Site subject to your compliance with the following terms and conditions and you agree to all of them:

• Harvard Pilgrim Content & Available Content. This Site contains material owned, licensed or otherwise supplied by us, our service providers or others, such as software, text, graphics, images, video, audio, and other material (collectively referred to as the "Harvard Pilgrim Content"): © Harvard Pilgrim Health Care, Inc. and/or its agents, U.S.A. All rights reserved. The Harvard Pilgrim Content is protected by copyright under both United States and foreign laws. You have no rights in or to the Harvard Pilgrim Content, and you may not use it except as permitted under these Terms of Use. No other use is permitted without prior consent in writing from us or another owner of the Harvard Pilgrim Content. If you are granted written permission to use Harvard Pilgrim Content, you must retain all copyright and other proprietary notices and information contained in the original Harvard Pilgrim Content on any permitted copy you obtain of that content. The use or posting of the Harvard Pilgrim Content on any other website or in a networked computer environment for any purpose without written permission is expressly prohibited. You may not sell, transfer, assign, license, sublicense, or modify the Harvard Pilgrim Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Harvard Pilgrim Content in any way for any public or commercial purpose without Harvard Pilgrim's written permission.
• Do No Harm: you must comply with all applicable laws and regulations while using the Site and your User Materials, and you are prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law or otherwise be harmful to us, users or others or their respective property or other rights. We will fully cooperate with any law enforcement authorities or any court order requesting or directing us or a service provider to disclose the identity of anyone posting or transmitting any such information or materials and we reserve the right voluntarily to do so.
• Be Yourself Only: you are prohibited from using the Site to impersonate any person or entity, including any Site moderator, participant or any of our representatives or employees, or falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Site; or stating or implying that we endorse any statement you make or any User Materials. All User Materials and statements you make on the Site or in communications with other users must be true (to the best of your knowledge) and not misleading.
• No Commercial Use. You are prohibited from using the Site to advertise or perform any commercial or for-profit solicitation, or otherwise exploiting for any commercial or profit-making purpose any Available Content, User Materials, and any portion of, use of, or access to the Site.
• Make Appropriate Disclosures. It is up to you what you say on the Site or in your User Materials, but you still must obey the law and make all appropriate disclosures. For example, just as you would expect someone endorsing a product to reveal that they are getting paid or are receiving a benefit for their endorsement, if you are receiving payment or benefit for mentioning or promoting something, you must also make a disclosure.
• No Harmful Code. You are prohibited from using the Site or User Materials to post or transmit any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of or data in, any hardware, software, or equipment.
• No Personal Information. You are prohibited from using the Site to violate the legal or privacy rights of others or to harvest or collect without their consent, personally identifiable information. You should also be careful of revealing information about yourself: there are no private areas on the Site whatever you say or post can be seen and/or downloaded by everyone who visits the Site. You agree that neither we nor our service providers shall have any liability for any damages resulting from, the use (including without limitation the republication) or misuse by any third party of User Materials or any other information obtained on or through the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE IN USER MATERIALS, IN YOUR PROFILE OR IN YOUR COMMUNICATIONS WITH OTHER USERS OR OTHERWISE, YOU DO SO AT YOUR OWN RISK.
• Communications. Any communication or material you provide to the Site, such as questions, comments, suggestions, or User Materials, will be treated as non-confidential and nonproprietary and will not be encrypted or otherwise secured this is a public Site with no private areas in the communications section and you should act accordingly.
• No Interference. You are prohibited from restricting or inhibiting any other person from use of the Site (except for underage persons), and from interfering with or disrupting the operation of the Site or the servers or networks used to make the Site available or violating any requirements, procedures, policies, or regulations of such networks.
• No Reverse Engineering. You are prohibited from modifying, adapting, translating, reverse engineering, decompiling, or disassembling any portion of the Site.

You acknowledge and agree as follows:

• The Content and other materials or Services on the Site are not a substitute for professional medical advice, diagnosis, or treatment. Even when one of our [nurse practitioners] or other employees makes a comment on the Site, the comment will be generic information -- not medical advice, and may not be relied upon by any specific user. User Materials also are not medical advice, even if a user says they are. You should take all User Materials with a grain of salt: we hope all materials are well intended and helpful, but Users largely will not be health care professionals. Even if they are, they should not be giving you specific advice and you should not rely on any advice they might purport to give. Always seek the advice of your physician or other qualified health provider instead of relying on any Site materials and to answer any questions you may have regarding a medical condition or health question.
• Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by our employees, others appearing on the Site at our invitation, or other visitors to the Site is solely at your own risk. The Site may contain health or medically related materials that are explicit or graphic. If you find these materials offensive, you may not want to use the Site.
• The Site may contain descriptions of treatment modalities. These descriptions are designed as standard generic information and should not be relied upon by any person as medical advice or a treatment plan designed to cover any particular individual's symptoms or conditions. The descriptions are strictly for informational purposes and are not medical advice.
• The Site may contain information on prescription drugs. Such information is not intended to satisfy any government regulations requiring disclosure of information on prescription drug products. You should take prescription drugs only when prescribed by your physician or health care provider and only in accordance with their instructions. The Site may contain information on over-the-counter medications, dietary supplements, and foods. Such information is not intended to satisfy any government regulations requiring disclosure of information on such regulated products. You should consult with your physician or health care provider before taking over-the-counter medications and with regard to any questions regarding dietary supplements and special diets in connection with the treatment of a medical condition.
• You are specifically cautioned to seek professional medical advice before beginning any sort of health treatment. For medical concerns, including decisions about medications and other treatments, you should always consult your physician or other qualified health care professional.
• The Site may include clinical tools, including descriptions of treatment modalities and databases intended for use by health care professionals. The tools are not intended to provide professional advice or recommend particular products. Physicians and other health care professionals who use the tools or databases should exercise their own clinical judgment as to the results. Individuals who use the tools or databases do so at their own risk.
• It is your responsibility to evaluate the information and results from tools provided. If you are a health care professional, you must exercise your professional judgment and we encourage you to confirm information contained on the Site with other sources before undertaking any treatment based on it. If you are not a health care provider, you should evaluate the information together with your physician or another qualified health care professional.

Your use the Site is subject to your compliance with these further terms and conditions and you agree to all of them:

• User Materials. This Site offers opportunities for Registered Users to submit and post their own user content (collectively "User Materials"), including without limitation, pictures and videos; participating in online chats; posting to user blogs; and posting to discussion forums. The selection and availability of activities may change from time to time in our sole discretion. Never post anything that was not exclusively created by you unless you have obtained all legal rights and other permissions to do so, including obtaining permission from your friends, family or others that might be included in a video or picture.
• Licenses From You. By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Material in connection with the Site, whether solicited or unsolicited, you grant us and our agents or licensee's a royalty-free, fully paid, non-exclusive, sublicensable, transferable, irrevocable, perpetual, unrestricted, worldwide license to:
• • use, publish, transmit, perform, display, store, distribute, reproduce, modify, create derivative works from, and otherwise use any and all User Material for any purpose, including, without limitation, advertising and promotional purposes, in all possible media, now or hereafter known (collectively, "Uses"); and
  • to use at our option (or at Licensee's option), your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), in connection with all Uses, including but not limited to use in broadcast, print, online, wireless or other use or publication of your User Materials;
  • to access your User Materials in any location on the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Material as permitted through the functionality of the Site and under these Terms of Use.
  • With respect to all of the above, all User Materials on or from the Site become our and Licensee's unrestricted licensed property and no credit, approval or compensation is due to you for any of the above.
• Ideas. You acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to us in User Materials may be used by us or Licensee's anywhere, anytime, and for any reason whatsoever without compensation to or restriction by you. You understand and agree that no confidential or fiduciary relationship is established between you and us by providing User Materials. By posting content to a message board, you have not entered into any contract - express or implied - for us or anyone else (including users) to use or purchase User Materials, any intellectual property contained in them (including but not limited to trademark, copyrights, and rights of publicity) or any ideas, concepts, techniques, procedures, methods, systems, designs, plans, or charts.
• Your Warranty. YOU REPRESENT AND WARRANT THAT YOU OWN OR OTHERWISE CONTROL ANY AND ALL RIGHTS IN AND TO THE USER MATERIALS AND THAT PUBLIC POSTING AND USE OF THE USER MATERIALS BY US OR OUR SERVICE PROVIDERS WILL NOT INFRINGE OR VIOLATE THE RIGHTS OF ANY THIRD PARTY IN ANY MANNER.
• Removal. In addition to our legal rights, we may, in our discretion (and without undertaking any duty), monitor, filter, prescreen, refuse, move, edit, alter, add material to, delete or do anything else to User Materials without prior notice, in whole or in part, for any or no reason, including (without limitation) with respect to User Materials that we deem to violate these Terms of Use, that we find objectionable, offensive or potentially illegal or harmful to us or others. You agree to evaluate, and bear all risks associated with User Materials, including without limitation their use and any reliance on the accuracy (or inaccuracy), completeness or usefulness of them.
• Your License to Other Users. You also hereby grant each user of the Site a non-exclusive license to access your User materials through the Site, and to display, copy, use, transfer and perform such User Materials as permitted through the functionality of the Site. You will not have any claim against us with respect to such use of your user Materials by others, and to the extent a claim is made against us or any of our licensees by any third party with respect to your user Materials, You agree to indemnify and hold Harvard Pilgrim harmless with respect to any such claims, including, without limitation, any resulting attorneys' fees, costs and expenses.
• User Material Particular Requirements. You agree that all User Materials must comply with the following:
• • To submit User Materials, you must be a Registered User and your materials may not violate any law;
  • Your User Materials must comply with these Terms of Use;
  • The User Materials may not contain any trademarks or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others unless you have written permission from the owner and all others with rights in that material (and, if requested to do so, can produce such written consent in a form and manner acceptable to us);
  • The User Materials may not contain any copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies, or other media) unless you have written permission from the owner and all other with rights in that material (and, if requested to do so, can produce such written consent in a form and manner acceptable to us);
  • If any User Materials contain or embody the name, likeness, voice, image or other indicia showing or identifying any person other than yourself, you must obtain express written consent to submit the User Material and allow it to be used in the manner contemplated by these Terms of Use from each and every person (including family and friends) depicted in those User Materials (and, if requested to do so, can produce such written consent in a form and manner acceptable to us);
  • You must be, and you represent and warrant for all your User Material that you are the sole and exclusive rights owner of your User Material and you have the full and exclusive right, power, and authority to submit the User Material. If you do not own all of the intellectual property in your User Material (i.e. copyrights, trademarks, rights of publicity), then you represent and warrant that you have obtained all legal rights and permissions from the owners to use and submit the intellectual property in your User Material under the terms and conditions of these Terms of Use and that you have also obtained permission from all persons who may have privacy or other rights in the User Material (and, if requested to do so, can produce such written consent in a form and manner acceptable to us);
  • If your User Material appears to endorse us or any of our products or services and/or imply any association with us, you consent to such appearance or endorsement and/or association. If a third party appears to endorse, or be associated with us or our products or services, you represent and warrant that you have obtained the express written consent of such third party to such endorsement and/or association (and, if requested to do so, can produce such written consent in a form and manner acceptable to us);
  • You represent and warrant that the information you provide in connection with User Materials (e.g., your name and contact information as the submitter) is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly;
  • You may not post any personal identification, such as license plate numbers, personal names, e-mail addresses, photos or other images, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, or that is invasive of a person's privacy or with respect to which the person has not given you their written consent;
  • You must not post User Materials or other content that: (a) is obscene (sexually or otherwise), pornographic, explicit or suggestive or exploits people in a sexual or violent manner, or contains nudity or graphic or gratuitous violence; (b) is unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional, or age group; (c) harasses or advocates the harassment of another person; (d) promotes the illegal use of alcohol, drugs, or tobacco, firearms/weapons or promotes any activities that may be construed as illegal; (e) may contain information that is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous; (f) may contain any content that infringes any party's trademark, trade secret, copyright, or other proprietary rights; (g) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing, unsolicited commercial e-mails, instant messaging, "spimming" or "spamming;" or (h) contains restricted or password only access to pages or hidden pages or images (those not linked to or from another accessible page).

You agree that we are not responsible for any User Material and that we are merely providing access to the Site and User Materials as a service to our users to be used in accordance with these Terms of Use. With respect to any User Materials posted, each user is solely responsible for the User Materials they post, including compliance with these Terms of Use. We do not undertake any duty to control User Materials and we expressly disclaim for ourselves and our service providers, any and all responsibility for any User Material.

If you are aware of any User Materials on the Service which violate these Terms of Use other than copyright infringement (for that, see below), please contact us at wellthen@harvardpilgrim.org. Please provide as much detail as possible, including a copy of the underlying material, the location where we may find it, and the reason you believe such User Material should be removed. Please note that filing a complaint will not guarantee its removal. We only will remove User Materials in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section entitled "Copyright Infringement and Copyright Agent." Although we may attempt to monitor User Materials, in no event do we assume any obligation to do so or liability for failing to monitor or exercise any of our other rights.

Our Privacy and Information Security Policy ("Policy") (click to read it) is part of and incorporated into these Terms of Use. The Policy will survive termination or cancellation of the Terms of Use and will last until we eliminate from our databases information about you that is subject to the policy. Provisions of these Terms of Use that we deem relevant to the Policy will also survive. We reserve the right to contact you in connection with communications to each other (and to use all data in such communications) and in connection with our or your performance of these Terms of Use or a Site Service or activity and as otherwise allowed by law.

You agree that any name, logo, trademark, brand, or service mark ("Trademarks") contained on the Site is owned or licensed by us and may not be used by you without our prior written approval. We will aggressively enforce its intellectual property rights to the full extent of the law. Sound, graphics, charts, text, video, information, or images of places or people are either our property or are used with permission from its owner. Nothing contained on this Site may be construed as granting by implication, estoppel, or otherwise, any license or right to use any such Trademarks without our written content and/or consent of such third party that owns the Trademarks. Your use of any of these materials is prohibited unless specifically provided for on the Site. Any unauthorized use of these materials (or of Harvard Pilgrim Content) may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.

THE SITE AND ALL SERVICES, ALL HARVARD PILGRIM CONTENT, ALL USER MATERIALS AND EVERY OTHER ASPECT OF THE SITE (COLLECTIVELY, "COMPLETE SITE") IS PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE "AS IS" AND WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT AND RESULTS IS WITH YOU.

NEITHER WE NOR ANY OF OUR SERVICE PROVIDERS, AFFILIATES, AGENTS OR EMPLOYEES (COLLECTIVELY, "HELPERS") MAKES ANY COMMITMENT OR WARRANTY AND EACH DISCLAIMS ANY (IF ANY) STATUTORY OR IMPLIED WARRANTIES, CONDITIONS OR DUTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, (A) OF MERCHANTABILITY; (B) OF FITNESS FOR PURPOSE OR USE; (C) OF RESULTS, ACCURACY, VALIDITY, COMPLETENESS OF INFORMATION, FUNCTIONALITY OR AVAILABILITY; (D) OF LACK OF NEGLIGENCE, REASONABLE CARE OR EFFORT; (E) OF LACK OF VIRUSES OR OTHER HARMFUL CODE; (F) OF PRIVACY OR SECURITY; (G) OF INDEMNITY; (H) OF MISREPRESENTATION, DEFAMATION, PORNOGRAPHY, OBSCENITY OR THE LIKE; AND (__) OF ANY CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. IF ANY DUTY CANNOT BE DISCLAIMED, YOU AGREE THAT THE DUTY WILL BE MEASURED BY WILLFUL MISCONDUCT. ALSO, THERE ARE NO WARRANTIES OF TITLE, QUIET ENJOYMENT OR OF LACK OF INFRINGEMENT.

TO THE FULL EXTENT ALLOWED BY LAW AND EXCEPT FOR DAMAGES FOR INFRINGEMENT OF HARVARD PILGRIM CONTENT, YOU AGREE THAT NEITHER WE NOR ANY OF OUR HELPERS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THE LIKE (INCLUDING WITHOUT LIMITATION, LEGAL, EXPERT AND CONSULTANT FEES AND COSTS), OR FOR DAMAGES FOR (WITHOUT LIMITATION): LOST PROFITS OR OPPORTUNITY, LOSS OF PRIVACY OR SECURITY OR DATA, FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH OR OF LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT), OR FOR ANY OTHER INDIRECT OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE COMPLETE SITE OR TO ANY BREACH OF THIS TERMS OF USE BY US OR OUR HELPERS, EVEN IF WE (OR A HELPER) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.

YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS OF USE (INCLUDING THE PRIVACY AND INFORMATION SECURITY POLICY) OR ANY CAUSE OF ACTION OF ANY NATURE (INCLUDING TORT) RELATING TO THEM OR THE COMPLETE SITE OR ANY HELPER SHALL BE, AT OUR OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE COMPLETE SITE THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON US; OR (2) THE AMOUNT OF DIRECT DAMAGES ACTUALLY INCURRED BY YOU IN REASONABLE RELIANCE, WHICH AMOUNT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US FOR THE ITEM GIVING RISE TO YOUR DAMAGES. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS OF USE AND THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

You agree to release, discharge, indemnify, and hold harmless us and our Helpers from and against any claims, damages, expenses, and liability arising from or related to any injuries, damages or losses to any person from your participation in any of the activities on the Site, including without limitation, your User Materials and any of your actions and content and breach of these Terms of Use or the use by us or our designees of any rights granted by you.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY (AND OF OUR SERVICE PROVIDERS, AGENTS, EMPLOYEES AND AFFILIATES) WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Certain content, services and products made available on or through the Site may include materials obtained from or supplied by third parties. In addition, the Site may provide links to third party websites. You acknowledge and agree that Harvard Pilgrim has not examined or evaluated any such third party material or websites. Harvard Pilgrim shall have no liability or responsibility for any such third party materials or third party websites. Neither Harvard Pilgrim nor Helpers make any endorsements, representations or warranties whatsoever regarding the accuracy, reliability, quality, timeliness, completeness. merchantability or fitness of purpose of the content, information, advice, opinions, products or services made available in such third party materials or on or through such third party websites. You acknowledge that third party materials and links to third party websites are provided solely as a convenience to you. If you decide to use any of the third party materials or access any of the third party websites linked to the Site, you do so entirely at your own risk. Any third party websites you may visit through links provided on the Site shall be considered third party websites, even if they are framed within the Site. These Terms of Use and Privacy and Information Security Policy of the Site do not apply to any linked third party websites, so we recommend that you carefully review the terms of use and privacy policy of any such third party websites that you may visit. You are solely responsible for complying with such terms of use and privacy policies.

If you are a Registered User, you agree that we may amend these Terms of Use, including the Privacy and Information Security Policy, from time to time. You agree that we may use the following amendment procedure: onsite messages or email. Users who are not registered agree to be bound by the Terms of Use in effect at the time you are using the Site. If you fail to terminate your account or to remove your profile, or if you use the Site after the effective date of an amendment, that will be your consent to the amended version of the Terms of Use, including the Privacy and Information Security Policy.

Either party may terminate or cancel use of the Site, at any time and for any or no reason, including without limitation with respect to cancellation by us, if we believe in our sole discretion that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Each party agrees to give notice of termination or cancellation by email, unless impracticable. Upon termination or cancellation, your right to use the Site will immediately cease and we may immediately deactivate or delete your account, User Name, and password, and all related information and files associated with it, and/or bar any further access to such information or files. Licensees of User Materials may keep and use them under the licenses you granted. You agree to keep for your files your own copies of all User Materials or other information that is yours and acknowledge that will not provide information or files to you after any termination or cancellation. The following provisions shall survive termination and cancellation: Do No Harm; No Harmful Code; No Personal Information; No Interference; No Reverse Engineering; Licenses from You; Ideas; Your Warranty; Removal; Your License to Other Users; User Material Particular Requirements; Privacy; Trademarks; No Warranties; No Incidental, Consequential or Certain Other Damages; Limitation of Liability and Exclusive Remedy; Release of Liability; Revision of Terms; Disputes and Governing Law; Indemnity; Waiver.

We respect the intellectual property of others, and we ask our visitors to do the same. It is our policy to terminate in appropriate circumstances any (if any) account or right of access for repeated infringement, and we also reserve the right to terminate for even one infringement. If you are the owner of a United States copyright and you believe that your work has been copied on the Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:

(A)a physical signature of the person authorized to act on behalf of he owner of the copyright or other intellectual property interest;

(B)a description of the copyrighted work or other intellectual property that you claim has been infringed;

(C)a description of where the material that you claim is infringing is located on the Site;

(D)your address, telephone number, and email address;

(E)a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

and

(F)a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act in the copyright or intellectual property owner's behalf.

Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: by email at copyright@hphc.org; or by mail at:

Christopher Miller
Director, Communications
Harvard Pilgrim Health Care, Inc.
93 Worcester Street
Wellesley, MA 02481

With a copy to:

Office of the General Counsel
Harvard Pilgrim Health Care, Inc.
93 Worcester Street
Wellesley, MA 02481

The Terms of Use (including the Privacy and Information Security Policy) and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of or activity relating to the Site, Harvard Pilgrim Content, User Materials or anything else, shall be governed and construed in accordance with the laws of Massachusetts, except for its conflict of law provisions. In the event of a dispute arising out of these Terms of Use or your use of the Site, you consent to the jurisdiction of and venue in the state or federal courts in Suffolk County, Massachusetts.

You agree to defend, indemnify and hold harmless us, our service providers and agents from and against all claims, losses, costs and expenses (including without limitation attorneys fees) arising out of (a) your use of, access to, or activities in connection with, the Site; (b) any violation of these Terms of Use by you or through your account; (c) any allegation that any User Material or posting that you make available or create through the Site infringes or otherwise violates the copyright, trademark, trade secret, publicity, or other intellectual property or other rights of any third party, including but not limited to privacy and data protection rights; or (d) any claim that your User Materials or postings or any other use, access or activity caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.

The Site is controlled, operated and administered by Harvard Pilgrim from its offices within the United States. We make no representation that materials on the Site are appropriate or available for use at locations outside of the United States and any access to them from such locations outside of the United States is strictly prohibited.

You may not use the Service or export the materials on this Site in violation of United States export laws and regulations. The Site may not be used or otherwise exported or re-exported: (a) into (or to a national or resident of ) Cuba, Iran, Iraq, Libya, North Korea, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the United States Treasury Department's list of specially designated nationals or on the United States Commerce Department's table of Deny Orders.

We will not give, sell, or otherwise transfer addresses maintained by us to any other party for the purposes of initiating, or enabling others to initiate, emails except as authorized by appropriate personnel or policies. Except for parties authorized to have those addresses, persons may violate federal law if they: (1) initiate the transmission to our computers or devices of a commercial electronic mail message (as defined in the U.S. "CAN-SPAM Act of 2003") that does not meet the message transmission requirements of that act; or (2) assist in the origination of such messages through the provision or selection of addresses to which the messages will be transmitted.

Waiver. Any failure by us to enforce any of its rights under these Terms of Use or applicable laws shall not constitute a waiver of our rights.

Severability. If any provision of these Terms of Use is found to be invalid, you and we will endeavor to give effect to the intent reflected in that provision while also honoring the allocation of risks hereunder, and the remaining Terms of Use shall retain their full force and effect.

Headings. The headings titles in these Terms of Use do not supplant or alter and text of these Terms of Use.

Notices and Writings. You agree that we may provide you with notices in connection with the Site by email or such other manner we deem appropriate. "Written" or "writing" in these Terms of Use means an electronic or non-electronic record (such as an email or paper letter), except as otherwise noted. We will use your email address to send automated notification alerts of Site activity such as, but not limited to, user comments, user messages, and following requests in connection with your use of the Site. We may also contact you with service related announcements from time to time. You may opt-out of these email communications (except for essential site updates) on your account notifications page.

Force Majeure. Neither we nor our service providers or agents will be liable in any amount for failure to perform any obligation under these Terms of Use if such failure is caused by the occurrence of any unforeseen contingency beyond our or their reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or war.

Entire Agreement: These Terms of Use (including the Privacy and Information Security Policy incorporated into these Terms of Use by reference) constitute the entire agreement between Harvard Pilgrim and you with respect to your use of Site.

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