EveryBODY Get Healthy

Participant Terms of Use

 

1. Welcome to your wellness program

Your wellness program includes components of the Step by Step program and the EveryBODY Get Healthy program. Step by Step is made available to you by the Health Improvement Organization founded by Allegiance Health ("Allegiance"). EveryBODY Get Healthy ("EGH") is owned, operated, and maintained by Finity Communications, Inc., dba Finity, Inc. ("Finity").

2. You agree to the Terms of Use when you join this program

By using this site or participating in the Step by Step or EGH program, you are agreeing to be bound by these Terms of Use. These Terms of Use may be changed at any time without prior notice to you. Any changes will take effect as soon as they are posted on this site. You should check from time to time to see if there are any updates. You agree to the changes by using the site after changes have been posted.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU SHOULD NOT USE THIS SITE OR TAKE PART IN THE PROGRAM.

3. You are also subject to our Privacy Policy

We are committed to protecting your privacy when you use this site. You are agreeing to be bound by our Privacy Policy when you use this site. You should check from time to time to see if there are any updates. Any changes to the Privacy Policy take effect upon being posted.

4. You may also be bound by other terms and conditions

While using this site, you may also be subject to the terms and conditions and privacy policy set forth by Allegiance, an employer, or other entity ("Sponsoring Entity").

5. Use of the program is SOLELY AT YOUR OWN RISK

Your use of this site and the Step by Step and EGH programs is SOLELY AT YOUR OWN RISK. The information made available through Step by Step and EGH is drawn from sources that are believed to be reliable, but is not guaranteed to be accurate, timely, complete, or appropriate for any particular individual or circumstance. Step by Step and EGH are intended to be used for general informational purposes only and should not be construed as health, medical, financial, legal, tax, or other advice. Under no circumstances is Step by Step or EGH to be construed as a plan fiduciary, benefits provider, health professional, medical advisor, or health advisor.

6. Exclusions and restrictions may apply

Certain exclusions and restrictions may apply to this program. Allegiance makes the final decision about all Step by Step eligibility and rewards criteria. Finity may make the final decision about all EGH eligibility and rewards criteria, or we may delegate that role to Allegiance at our sole discretion.

7. THE PROGRAM IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE

IF YOU HAVE A MEDICAL EMERGENCY, CALL 911 or go to an emergency care facility.

Step by Step and EGH do not provide medical advice, diagnosis, or treatment, and should not be relied upon as a substitute for professional medical advice, diagnosis, or treatment.

You should consult your primary care provider or other qualified healthcare professional before participating in any Wellness Challenge, exercise, nutrition, health coaching, or other health and wellness programs or activities, whether or not you have any known health conditions or risk factors. Regular check-ups and care from a qualified healthcare professional are important to any health and wellness regimen.

8. Build a Challenge

a. Participation is SOLELY AT YOUR OWN RISK

Your participation in a Build a Challenge is done SOLELY AT YOUR OWN RISK. Build a Challenge is not monitored, approved, endorsed, or controlled by Step by Step or EGH.

b. Your data may be tracked

Step by Step and EGH may use the data collected from Build a Challenge for testing, data compilation, aggregate reporting, heuristic, or any other lawful purposes. No Protected Health Information ("PHI") or personally identifiable information will be used or disclosed without proper authorization.

c. Your feedback may be published

Any comments or other feedback received by Build a Challenge participants may be published or used by Step by Step and EGH for reporting, data compilation, or other lawful purposes. If you do not want your name or comments to be used for publicity purposes, you will have an opportunity to opt-out. No Protected Health Information ("PHI") or personally identifiable information will be used without proper authorization.

9. Individual Challenges

a. Participation is SOLELY AT YOUR OWN RISK

Your participation in EGH Individual Wellness Challenges is done SOLELY AT YOUR OWN RISK. EGH Wellness Challenges are provided for general health and wellness informational purposes only. The EGH content and tools are not intended to represent medical care, diagnosis, or treatment and should not be relied on as medical care, diagnosis, or treatment. EGH does not guarantee the accuracy, completeness, reliability, or timeliness of any of the content, tools, data, or information provided with the Wellness Challenges. We do not endorse or control the content of any external Web sites that may be linked to or from the EGH Wellness Challenges.

b. Your data & comments may be tracked or published

Any comments or other feedback received by EGH Wellness Challenge participants may be published or used by EGH for testing, data compilation, aggregate reporting, heuristic, or any other lawful purposes. If you do not want your name or comments to be used for publicity purposes, you will have an opportunity to opt-out. No Protected Health Information ("PHI") or personally identifiable information will be used without proper authorization.

10. Participant communications

Step by Step and EGH may contact you by phone call, email, web message, or print as part of a participant satisfaction survey or as part of our administration of the wellness program. You must provide express consent before we contact you by text message or auto call. If you expressly consent to text messages or auto calls, you have the right to opt-out of those communication methods at any time.

11. Standard rates apply to text messages

Standard rates apply to text messages. Ask your carrier for more information.

12. Rewards rules & restrictions

Step by Step and EGH may include a reward or incentive component. The following rules and restrictions apply to all incentives, points, and rewards made available through the programs.

a. The program must be in good standing

If this program is made available by a Sponsoring Entity, the Sponsoring Entity must be in good standing at the time any rewards or incentives are redeemed. If you or the Sponsoring Entity has terminated or cancelled your plan, or if program payments are not current, all accumulated rewards and incentives are simultaneously terminated or cancelled. Incentives, points, and rewards cannot be redeemed unless you have met all requirements set by the program and the Sponsoring Entity.

b. Your information must be complete and accurate

You must submit complete and accurate information to be eligible for rewards. By redeeming points or rewards, you are certifying that the information submitted is factual, complete, and accurate to the best of your knowledge. This includes any information provided on your behalf by your spouse, dependents, employer, health plan, benefits provider, biometrics provider, or health coaches.

Any dishonesty, fraud, or attempted fraud in connection with the incentives, rewards, and points will result in all points and rewards being forfeited. Step by Step and EGH expressly reserve the right to pursue legal action in the event of dishonesty, fraud, or attempted fraud in connection with this program.

c. Rewards are subject to change

All program incentives, points, and rewards are SUBJECT TO CHANGE, TERMINATION, CANCELLATION, OR SUBSTITUTION AT ANY TIME WITHOUT NOTICE TO YOU. We expressly reserve the right to substitute a similar reward in the event that a reward is unavailable for any reason.

d. Rewards retailers may have additional rules

If a reward consists of a retail gift card, you may be subject to additional terms and conditions from the retailer. Step by Step nor EGH do not have any control over and are not responsible for any rules or restrictions issued by the retailer.

e. Placing orders

By placing an order to redeem points or rewards, you assume sole responsibility for the order and any shipping/handling, postage, or other extra expenses. Step by Step and EGH are not liable for any errors that may occur with an order or any damaged or lost goods. Our sole responsibility is to transmit orders to the third-party retailer or provider.

f. Some rewards may be taxable

If a reward consists of cash or a cash equivalent (such as a gift card), or anything that does not qualify as a "de minimus benefit," you may be subject to federal and state income tax. You are solely responsible for any tax consequences. Ask a tax advisor for details specific to your circumstances.

g. Your name may be announced as a winner of rewards or raffle prizes

If you earn a reward or win a raffle prize, your name may be used for publicity purposes, including on this site, third-party external sites or publications, or for any other lawful purpose. If you do not want your name to be used for publicity, you will have an opportunity to opt-out of the incentives portion of the program.

13. Chat rooms and discussion forums are not moderated

Step by Step and EGH may include links to chat rooms or discussion forums. All chat rooms and discussion forums are unmoderated. Your participation or use is SOLELY AT YOUR OWN RISK and DOES NOT CONSTITUTE MEDICAL CARE, ADVICE, DIAGNOSIS, OR TREATMENT. Step by Step and EGH expressly reserve the right to terminate chat room or discussion forum privileges of any user without any notice.

14. The program may change from time to time

Step by Step, EGH, and this site may change at any time without prior notice to you, at the sole discretion of their respective owners. Changes may include adding, removing, or modifying activities, content, data, links, tools, or the incentives program.

15. Your use of the program may be terminated

Step by Step and EGH expressly reserve the right to terminate your use of this site or the program at any time without prior notice.

16. No warranties are provided for this program

Step by Step and EGH are provided AS IS and AS AVAILABLE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

STEP BY STEP AND EGH EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, OR OTHER DAMAGES THAT MAY RESULT FROM USING OR PARTICIPATING IN THIS PROGRAM, including, without limitation, any damages in connection with any economic loss, physical or mental illness, or recurrence of pre-existing physical or mental illness, injury, or death.

17. This site is provided without warranties of any kind

STEP BY STEP AND EGH EXPRESSLY DISCLAIM ANY GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE. We are not liable for any damage or injury to persons or property that may result from your use of the site. We make no warranty as to the reliability or accessibility of any portion of the site. We disclaim any warranty or guarantee that the site will be error-free or that the servers that make the site available are free of viruses or other harmful components. We disclaim any liability for any delay, failure, interruption, corruption, or loss of any data or other information transmitted in connection with your use of the site.

18. Limitation of liability

By using or participating in this program, you agree to release Step by Step, EGH, and their respective affiliated companies and subsidiaries, officers, directors, employees, contractors, and agents from any loss, claims, or damages or any kind, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that arise from your use of or participation in any portion of this program, including third-party services such as health coaching, biometrics screening, health assessment, rewards fulfillment, etc.

In no event shall Step by Step or EGH be liable for any costs, damages, expenses, injury, illness, death, economic loss, or other outcome (including, without limitation, incidental damages, lost profits, or damages resulting from lost data or business interruption), that may result from your use or inability to use this site or the programs, whether based on warranty, contract, tort, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

19. Consequential damages waiver

IN NO EVENT SHALL STEP BY STEP OR EGH BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST DATA OR INFORMATION, OR ANY OTHER INDIRECT DAMAGES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE RELATED TO YOUR USE OF THIS SITE OR YOUR USE OF OR PARTICIPATION IN STEP BY STEP OR EGH, EVEN IF THE POSSIBILITY THEREOF MAY BE KNOWN IN ADVANCE. This waiver includes, without limitation, any damages in connection with economic loss, physical or mental illness or recurrence of pre-existing physical or mental illness, injury, or death.

20. Indemnification

By using this site or taking part in the programs, you agree to hold Step by Step, EGH, and their respective officers, directors, agents, employees, and contractors harmless from and against any claims, actions, demands, liabilities, and settlements, including, without limitation, legal and accounting fees resulting from, or alleged to have resulted from, your use of this site.

21. HIPAA and GINA

Step by Step and EGH are is designed to follow the rules set by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Genetic Information Nondiscrimination Act of 2008 (GINA), and the federal and New Mexico HIPAA regulations. Step by Step and EGH have no control over and do not accept any responsibility for the HIPAA or GINA policies and practices followed by the other party or by any other third party.

22. Intellectual property

Unless otherwise indicated, Step by Step is the exclusive intellectual property of Allegiance Health and EGH is the exclusive intellectual property of Finity, Inc. Both programs are protected by United States and international copyright laws and other intellectual property laws. We expressly reserve all rights, title, and interest in our respective intellectual property incorporated into this program.

Nothing contained in these Terms of Use should be construed as granting any license or right to use any Step by Step or EGH trademark or other intellectual property without the prior written permission of their respective owners.

23. Third-party content and services

Step by Step and EGH may include content, tools, products, and services provided either directly or indirectly by third parties. Step by Step and EGH do not endorse or control and are not responsible for any such third-party content that may be linked to or from this site. Your use of any third-party content may be governed by different terms, conditions, and privacy policies. We recommend that you review the Terms of Use and Privacy Policy for each such third-party entity.

24. Unauthorized copying or use is prohibited

You are expressly prohibited from copying, reproducing, or redistributing Step by Step or EGH, in whole or in part, or removing or altering the program, whether in whole or in part, including but not limited to copyrights, trademarks, service marks, trade names, logos, or other proprietary information or intellectual property.

25. Non-solicitation

This wellness program is not intended as a solicitation or offer to buy any products or services from Step by Step or EGH.

26. Submission of unsolicited ideas or materials

Step by Step and EGH are not responsible for any unsolicited ideas, proposals, or materials submitted to us. Any such unsolicited ideas, proposals, or materials will be treated as non-confidential and non-proprietary, and will not be returned to you.

27. Governing jurisdiction

These Terms of Use are governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws principles. Your use of this site or participation in Step by Step or EGH constitutes your express consent that the exclusive jurisdiction for any dispute arising from or in any way related to your use of this site or the programs resides in the courts of Jackson County, Michigan. You further expressly consent to the exercise of personal jurisdiction in the courts of Jackson County, Michigan in connection with any such dispute, including any claim involving Step by Step or EGH, or our respective affiliates, subsidiaries, employees, contractors, officers, directors, and telecommunication providers.

28. Severability

In the event that any provision of these Terms of Use is found to be invalid by a court of competent jurisdiction, that provision shall be deemed invalid or modified as required by such court, and the remainder of the Terms of Use shall remain in full force and effect.

29. Waiver

No waiver of any part of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

30. Survival

Sections 1 through 30 shall survive any termination or modification of these Terms of Use.

31. Entire Agreement

These Terms of Use and the Privacy Policy constitute the entire agreement with respect to your use of this site and the program, subject to any additional terms and conditions imposed by the Sponsoring Entity, your employer, health plan, employee benefits administrator, or rewards retailer.

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