Terms and Conditions of Use

By using any web property of InTotal Health and its affiliates (collectively “InTotal Health”), or by installing and using the InTotal Health mobile application (the “Application”), you agree to our Terms of Use, which is a binding agreement between you and InTotal Health. The Terms of Use are listed here and are in addition to any others on any InTotal Health web property or in the member handbook.

If you violate these Terms, your access to InTotal Health web properties may be blocked, suspended or ended at the sole and total discretion InTotal Health.

Encryption

To ensure the security of valuable and personal information, users of InTotal Health’s self-service sites and Application may only access our services using a browser equipped with 128-bit encryption or higher.

Use of Material

This web site and the Application may contain personal health information as defined in the Health Insurance Portability and Accountability Act (HIPAA) of 1996. This includes any changes to HIPAA that may apply. By using this information, you agree to follow all state and federal laws.

Content of Materials

The materials on this web site and on the Application may contain protected, copyrighted or trademarked information. In most cases, the owner is InTotal Health. In some cases, the owner is a third party. In other cases, you may be the owner. Material contained on this website or in the Application is intended for personal use. Any use of copyrighted or trademarked information not expressly permitted by these Terms and Conditions of Use may violate copyright, trademark or other laws.

InTotal Health does not guarantee the accuracy or completeness of any third-party content on our web sites or on the Application and does not claim that our websites or the Application are free of errors.

These Terms do not apply to content already in the public domain. Content in the public domain is information that you can find in other places.

Fraud, Waste and Abuse

You agree that you will not use the web site or its content or the Application to break any laws. This includes fraud, waste and abuse laws. It also includes Medicare and Medicaid laws.

The Digital Millennium Copyright Act

You agree not to sell or modify the material found on any InTotal Health web property or Application. You agree not to misuse material found on any InTotal Health web property. You also agree not to reproduce, display, publicly perform, distribute or otherwise use the material found on any InTotal Health web property or the Application:

• In any way for any public or commercial purpose
• In connection with products or services that are not those of an InTotal Health web property
• In any other manner that:
  • Is likely to cause confusion among consumers
  • Otherwise infringes InTotal Health intellectual property rights

InTotal Health reserves the right, but not the obligation, to end your access to any and all InTotal Health web properties or the Application. We will do so if we determine in our sole and total discretion that you are involved in infringement activity. This includes alleged acts of first-time or repeat infringement, regardless of whether the material or activity is determined in the end to be infringement.

InTotal Health and its service providers accommodate and do not interfere with standard technical measures used by copyright owners to protect materials. InTotal Health has put in place procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Our designated agent to receive notification of claimed infringement is:

General Counsel
INTotal Health
8110 Gatehouse Road, Suite 200 East
Falls Church, VA, 22042

Any notice regarding any infringement of copyright or of other proprietary rights must include the following information:

• A signature of a person authorized to act on behalf of (i) the owner of an exclusive right that is allegedly infringed or (ii) the person defamed
• Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
• Identification of the material that is claimed to be infringement or to be the subject of infringement activity, including information reasonably sufficient to permit us to locate the material
• Information reasonably sufficient to permit us to contact you, such as your address, telephone number and/or e-mail address
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent or the law

If you choose to access any InTotal Health web property or the Application from outside the United States, you do so upon your own initiative and are responsible for compliance with U.S. and local laws, if and to the extent that local laws apply. Software is subject to United States export controls laws and regulations.

By accessing this web site or the Application, you represent and affirm that you are not located in, under the control of or a national resident of any such country or on any such list. You agree to comply with U.S. export control laws, and you agree that you will not transfer any software or other content from any InTotal Health web property or the Application to a foreign national or foreign country in violation of those laws.

Product Descriptions – Not Available in all States

The product descriptions, if any, provided on any InTotal Health web property or the Application are not intended to be offers to sell or solicitations in connection with any products or services. Some products may not be available in all jurisdictions. Anyone interested in a particular product should contact to determine whether the product is available in the particular jurisdiction of interest and to request a copy of the applicable policy or prospectus for a complete description of the product.

Links to Other Sites

While visiting any InTotal Health web property, you may leave any InTotal Health web property and access certain non- InTotal Health web properties. InTotal Health neither reviews nor controls the content and accuracy of these non- InTotal Health web properties and therefore will not be responsible for their content and accuracy. Your access to non- InTotal Health web properties is at your sole risk.

Other web sites on the Internet may contain unedited, sexually explicit, violent, racist or other types of material, which may be offensive to you. Please access other web sites at your own discretion.

Provider Directory Disclaimer

The Online Provider Directory is provided by InTotal Health strictly for informational purposes only. It is not to be used to verify the credentials or qualifications of a physician. The fact that a physician is included in the Online Provider Directory does not imply that InTotal Health is recommending or endorsing such physician. InTotal Health shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages that may result from the use of or the inability to use this site.

General Disclaimer

All material including any link to other sites and content found at linked sites is provided “as is” and without any express or implied warranties, including warranties of fitness for market or fitness for a particular purpose. Due to the nature of the Internet, InTotal Health does not warrant that access to any InTotal Health web property or any of its pages or the Application will be uninterrupted or error free. InTotal Health does not warrant or make any representations regarding the usefulness of or the expected results of the material contained on any InTotal Health web property or the Application. Note that some jurisdictions may not allow the exclusion of implied warranties. As a result, some of the above exclusions may not apply to you. Please refer to local laws for any such restrictions.

Viruses, Worms, Use of Files

InTotal Health cannot and does not guarantee or warrant that files available for downloading from this site are free of viruses, worms, Trojan horses or other code that has contaminating or destructive properties. InTotal Health does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title, noninfringement or fitness for a particular purpose) with respect to the files available for downloading from this site. In no event will InTotal Health be liable to you or to anyone else for any decision made or action taken by you or anyone else in reliance on results obtained from use of files downloaded from this site or from the Application. These files may be downloaded and/or reprinted for personal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any reason except for personal use is expressly prohibited, unless prior written consent is obtained from the appropriate copyright holder.

Health Information

This information does not replace the advice of a doctor. The health information on this web site is provided solely for informational purposes as a public service to promote consumer health. It does not constitute medical advice and is not intended to be a substitute for proper medical care provided by a physician or other duly authorized health care provider. InTotal Health assumes no responsibility for any circumstances arising out of the use, misuse, interpretation or application of any information supplied on this site.

Employees and health plan members should always consult with their doctors for appropriate examinations, treatment, testing and care recommendations. Do not rely on information on this site as a tool for self-diagnosis.

Trademarks

There are references throughout InTotal Health web properties to various trademarks or service marks and these, whether registered or not, are the property of their respective owners.

You agree that you will not use an InTotal Health or other party’s trademark, copyright, name, logo, copyrighted material or any other mark in any advertising, promotion, sales or other materials, in any medium, without obtaining the prior written consent of InTotal Health or the other party.

Limitation of Liability and Indemnification

The use of this website and/or the Application is at your own risk and is provided on an “as is” basis. You agree by accessing any InTotal Health web property that under no circumstances or any theories of liability under international, civil, common or statutory law, including but not limited to strict liability, negligence or other tort theories, or contract, patent or copyright laws, will InTotal Health be liable for damages of any kind occurring from the use of this web site, or any information, goods or services obtained on this web site, including direct, indirect, consequential, incidental or punitive damages (even if InTotal Health has been advised of the possibility of such damages), to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of certain damages. For that reason, some of these limitations may not apply to you.

You agree to indemnify InTotal Health for any losses or liabilities, including attorneys’ fees and costs, resulting from (i) your breach of any of your representations, warranties, agreements or covenants under these terms of use, or (ii) any claims arising out of or in connection with your use of any web property of InTotal Health.

You also agree to indemnify and hold harmless InTotal Health from and against all claims, losses, liabilities, damages and expenses, including court costs and reasonable attorney fees incurred by InTotal Health, to the extent that such claims, losses, liabilities, damages and expenses are a result of your breach of federal and state privacy laws.

Minors and the Children’s Online Privacy Protection Act

Except as expressly stated upon initial access to a specific InTotal Health web property or section of such site, we do not direct content to minors, do not intend to collect personal information from minors and are therefore not subject to the Child Online Privacy Protection Act.

If you allow your minor child, or a child for whom you are legal guardian, to access and use any InTotal Health web property, you agree that you will be solely responsible for: (i) the online conduct of such minor, (ii) monitoring such minor’s access to and use of any InTotal Health web property, and (iii) the consequences of any use.

Changes and Applicable Law

InTotal Health reserves the right to make changes to any InTotal Health web property or the Application and its Legal Disclaimer/Conditions of Use at any time, for any reason or for no reason, and with or without notice. InTotal Health encourages you to review the web site and these terms periodically for any updates or changes; however, InTotal Health is under no obligation to make such updates or changes obvious. Your continued access or use of any InTotal Health web property or the Application shall be deemed your acceptance of these Legal Disclaimers/Conditions of Use and any changes and the reasonableness of these standards for notice of changes. Use of any InTotal Health web property will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to its conflict of law provisions. By accessing this web site and/or the Application, you agree that any legal action or proceeding between you and InTotal Health will be brought exclusively in a federal or state court of competent jurisdiction in Virginia. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.