THIS SITE DOES NOT PROVIDE MEDICAL ADVICE.

All content on this site is for information purposes only, and in no way is it intended as a substitute for the advice or opinion of a trained medical professional.

The purpose of Welltok is to provide a community for discussion on particular medical issues of concern to its members. As such, Welltok neither endorses nor recommends any particular or specific opinions, recommendations, products or medical professionals.

Neither Welltok nor its employees monitor all of the content provided on this site, nor do they undertake to verify the accuracy and/or validity of all content provided. To the extent that you rely on any of the information provided on this site you do so AT YOUR OWN RISK.

IF YOU HAVE A MEDICAL QUESTION YOU SHOULD SEEK PROFESSIONAL MEDICAL ASSISTANCE. IF YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD CALL 911 IMMEDIATELY.

IN THE EVENT THAT YOU DO NOT AGREE WITH ALL OF THE TERMS LISTED ON THIS PAGE, YOU ARE NOT AUTHORIZED TO ACCESS THE Caféwell WEBSITE.

This site may not be appropriate for all members of all communities. If you find the discussion of personal medical issues obscene or vulgar please discontinue your use of this site immediately.

Some Important Points:

  1. All visitors to this site must review and accept Caféwell's Privacy Policy prior to any use.
  2. Welltok respects users' privacy. Welltok does not share Personal Identifiable Information (PII) with your health plan in accordance with its Privacy Policy.
  3. Welltok reserves the right to cancel any account with or without reason at anytime.

Terms of Use Agreement

Please read this agreement carefully before accessing or using this site and/or services. By accessing or using this site and/or services, you agree to be bound by the terms and conditions set forth below as well as the incorporated Privacy Policy. If you do not wish to be bound by these terms and conditions, you may not access or use this site or services and should immediately cease such use.

This agreement (hereinafter, the "Agreement") between Welltok, Inc., owner of Caféwell (hereinafter, "Welltok") and you sets forth the terms and conditions which govern your use of the Caféwell website.

WELLTOK MAY MODIFY THIS AGREEMENT, its Terms and Conditions, and/or its Privacy Policy AT ANY TIME without prior notice. All SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED AGREEMENT ON THE SITE OR VIA EMAIL. Your use of this site and/or services will always be governed on the terms in place and posted at the time regardless of whether you have reviewed the same or not. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of this site and/or the services shall be deemed your acceptance of the modified agreement.

Membership

To become a member and access the area on this Site reserved for members (the "Member Area"), Welltok requires that you are either a member of the sponsoring health plan, an invited guest of a member, or a registered user.

People under the age of 18 are prohibited from registering as members. By registering as a member you represent that you are age 18 or older.

The intentional use of any false or misleading information during the registration process will be grounds for immediate termination of membership.

No Medical Advice

As stated above, this site does not provide medical advice of any kind. Likewise, none of the information available on this site; nor any email or instant messaging responses to your questions create a physician-patient relationship or constitute the practice of medicine. Welltok makes no representations, endorsements or guarantees regarding the accuracy of any of the information provided. Welltok encourages its members to consult with their doctor or appropriate health care professional before undertaking to follow any of the information or opinions expressed on this site.

Information on this web site is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional. You should not use the information on this website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professional before adopting any treatment for a health problem. If you have or suspect that you have a medical problem, promptly contact your health care provider.

Prohibited Activities

In connection with your use of this Site and/or the Services, you acknowledge and agree that you will not:

  • Transmit any information that you know to be false or misleading;
  • Transmit any message, information or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar or otherwise objectionable.
  • Transmit any information which may invade another's right of privacy;
  • Impersonate any person or entity, including but not limited to, a Welltok employee, a health plan sponsored official and/or a medical professional.
  • Post or transmit any material that contains a virus or corrupted data with the intent to damage or otherwise disrupt another computer;
  • Use this site in a manner that adversely affects the availability of its resources to other users. This includes, but is not limited to use of all caps, or flooding continuous postings of repetitive text; harassing other members; attempting to solicit personally identifying information of another member;
  • Post or transmit any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation without written consent of Welltok;
  • Copy, reproduce, publish or otherwise repost information obtained on this site;
  • Attempt to disrupt or damage this site (or the services it provides) in any fashion or otherwise intentionally attempt to impair Welltok's servers or computers.
  • Attempt to gain unauthorized access to this site (or its services), accounts, computer systems or networks connected to Welltok through hacking, password mining, scripts, "bots" or any other means.
  • Attempt to obtain any materials or information through any means not intentionally made available through this Site or the Services, including indexing any content of the site for commercial or non-commercial purposes.
  • Violate any local, state, national or international laws;
  • Interfere with any other user's use and quiet enjoyment of this site.

Support Groups, Communities, Coach Forums and Discussion Groups

Caféwell hosts support groups, communities, coach forums, discussion groups, chats and other member forums on its Site. Any user failing to comply with the terms and conditions of these Terms and Conditions may be removed from access to these features with or without notice, in Welltok's sound discretion. Welltok may remove any user-created content at any time for any reason. Support groups, communities, expert forums, discussion groups, chats and other public forums are intended to serve as discussion centers for members and guests. Information and content posted within these public forums may be provided by Welltok or a sponsoring health plan's staff, other Welltok members, outside contributors, or by users not connected with Welltok.

These Terms and Conditions apply to all groups, chats and forums as exist or maybe established. Welltok expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor is it responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages.

Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Welltok,its employees or any of its affiliates.

Monitoring

As stated above, Welltok has no obligation to monitor any of the content or postings on the site. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion.

Third Party Content

Due to the community nature of the site, content contained herein can and will be supplied by third parties and users. Accordingly, all such statements, information, opinions, advice and/or content are not to be attributed as being provided by Welltok and Welltok makes no guarantees regarding the accuracy, completeness, or usefulness of any content. Furthermore, Welltok neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on this site.

Furthermore, from time to time Welltok may contract independent third parties to facilitate discussions and provide content on the website. These third parties will act independently of Welltok with respect to content and facilitation of discussions on the website. Likewise Welltok will not exercise editorial control over such content or discussions with regard to any information posted by third parties with the exception that Welltok reserves the right to remove any post it sees fit without cause or notice. Accordingly, Welltok is not responsible for the accuracy, veracity or authenticity of any information posted by third parties.

Health Plan Sponsors

Your health plan may provide you with access to Caféwell through an agreement with Welltok. Despite this agreement, Welltok does not provide Personal Health Information (PHI) back to your health plan nor can they access it. Welltok does not share Personal Identifiable Information (PII) with your health plan in accordance with Welltok's Privacy Policy.

Dealings with Third Parties

From time to time members may have the option of integrating their Caféwell experience with other third parties such as other website or product vendors and advertisers. Your participation, correspondence or business dealings with any third party found on or through our Site and Services, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Welltok shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

In addition, we reserve the right to refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors. Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.

Furthermore Welltok takes no responsibility for any interactions between members on the website or otherwise. Welltok specifically disclaims any liability for any interaction members may have of an interpersonal, sexual, legal or religious nature. Members are inevitably bound to have meaningful and sometimes spirited interaction with other members; however Welltok makes no representations to its members about the character, fitness or authenticity of its membership. BEFORE CONSIDERING TO MEET ANOTHER MEMBER IN PERSON OR OTHERWISE HAVE INTERACTION OUTSIDE OF Caféwell, MEMBERS SHOULD CONTEMPLATE AT MINIMUM, BASIC SAFETY CONCERNS.

Account Passwords and Security

Welltok requires you to open an account; you must complete the registration process by providing Welltok with current, complete and accurate information, as prompted by the applicable registration form.

You acknowledge that by providing any information to Welltok which is untrue, inaccurate, not current or incomplete, Welltok reserves the right to terminate this Agreement and your continued access and use of the Sites and/or the Services. You are entirely responsible for maintaining the security and confidentiality of your account and password.

FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Welltok immediately of any unauthorized use of your account or any other breach of security. Welltok will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by Welltok or another party due to someone else using your account or password.

Disclaimer Regarding Links

The links on this Site and/or Services will let you leave the particular Site or Service you are accessing in order to access a linked site (the "Linked Sites"). Welltok provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has Welltok reviewed or approved the content which appears on the Linked Sites. Welltok is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Sites. You acknowledge and agree that Welltok shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.

Disclaimer Regarding Warranties

THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT ALLOWABLE BY LAW, WELLTOK, ITS LICENSORS, PARTNERS, SUPPLIERS DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGMENT WITH A THIRD PARTY'S RIGHT WITH REGARD TO THIS SITE.

WELLTOK DOES NOT WARRANT THAT ACCESS TO THIS SITE OR ITS CONTENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THIS SITE WILL BE CORRECTED.

To the extent that a member chooses to enhance their experience on Caféwell by integrating it with another website, such as a social networking website, Welltok will not be responsible for any information posted on that third party website which is outside the control of Welltok. In order to facilitate integration with third party websites, the member agrees that Welltok may store, as necessary, member information related to the same. Notwithstanding the storage of that information, Welltok will not disclose the same except as necessary to provide the integration requested by the member.

Limitation of Liability

In no event shall Welltok, its licensors, its suppliers, or any third parties mentioned on the Caféwell site be liable for any damages (including consequential, incidental, special damages or specific performance) resulting from the use of or inability to use the Caféwell site whether based on warranty, contract, tort, or any other legal theory, and whether or not Welltok is advised of the possibility of such damages.

Welltok is not liable for any personal injury, including death, caused by your reliance, use or misuse of the Caféwell site or its content (in forums, public areas or otherwise).

Indemnification

You agree to indemnify and hold harmless Welltok, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.

Copyright

All text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, indexes, desktop tools, software and any other material or information used in connection with this site (the Welltok "Content"); the selection, arrangement, and presentation of all Welltok Content (including information in the public domain); and the overall design of this Site are the exclusive property of Welltok or its third party vendors and protected by U.S. and international copyright laws. Welltok grants you a personal, non-transferable, non-exclusive limited license to access this Site and to download and print a single copy of Welltok Content from this Site solely for: (a) your personal, non-commercial use, and provided that you do not delete or modify any copyright or other proprietary notices there from; or (b) as expressly permitted under any agreement currently in effect between you and Welltok.

Any other copying, use, distribution or modification of Welltok Content or any other property of Welltok, whether in electronic or hard copy form, is strictly prohibited without the express prior written permission of Welltok.

We respect the intellectual property rights of others, and ask that you do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act, please provide the following information to our agent: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material you claim is infringing is located on the Site; (d) your address, telephone number, and email address; (e) a statement 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 made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf. Our agent may be contacted as follows:

Welltok, Inc.
Attn: General Counsel
1530 15th Street
Denver, CO 80202

Trademarks

The names "Welltok", "Caféwell" and any other publications, products, content or services referenced on this Site are the exclusive trademarks, registered trademarks or service marks of Welltok, including without limitation the "look and feel" of this Site and the color combinations, layout and other graphical elements of this Site. You may not use Welltok's trademarks in any manner without the express, written permission of Welltok. Other product and company names that appear on this Site are subject to trademark or other rights of other parties.

Caféwell is a trademark of Welltok, Inc.

Linking to and Framing of this Web Site

You may not frame any Welltok Content, or use any trademark, logo or other proprietary information on this site, without Welltok's express written consent. You may not use Welltok's name or trademarks in any meta-tags or other hidden text without the express written consent of Welltok. Welltok reserves the right to demand you remove any such link at any time, for any or no reason, and at Welltok's sole discretion.

Compliance with COPPA

This Site is not directed at children under the age of 13. Welltok complies with the Children's Online Privacy Protection Act and does not knowingly permit registration or submission of personally identifiable information by anyone less than 13 years of age.

Termination

You understand and agree that Your Access to the web site, the services provided and your account depends upon your compliance with the terms of this Agreement and the Conditions of Use, as well as Welltok's decision to continue operating the web site and the services. There is no guarantee that Welltok will continue to offer the services and Welltok may simply discontinue the service without any notice to you.

Welltok may also terminate your access to and your use of the service and your account (or any user of Your Account) if you breach any terms of this Agreement. In that event, Welltok may, in addition to other remedies, terminate Your access to the service and Your account (and any other accounts that share the name, phone number, email address, internet protocol address of the discontinued account) immediately and without notice. Regardless of the cause or basis for termination, you agree that you are not entitled to compensation of any kind as a result of the termination.

Any termination of membership will occur in Welltok's sole discretion and in no way will Welltok have any affirmative obligation to terminate a member's account for the benefit of another member or third party.

Integrity of Transmitted Information

The use of the Welltok site and the content is at your own risk. When using the Welltok Site, information will be transmitted over a medium that may be beyond the control of Welltok. As such, Welltok assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Welltok Site.

Moreover, Welltok makes no warranty, guarantee or assurance regarding the security of the information transmitted to Welltok while in the process of transmission. As such, all users of this site who transmit private or sensitive information do so at their own risk.

Governing Law and Disputes

These Terms, and any dispute that may arise between you and Welltok, will be governed exclusively by the laws of the State of Colorado.

Except to the extent prohibited by Federal Law, the exclusive venue for any action arising based on the use of the site or this Agreement shall be the Superior Court for the Judicial District of Denver at Denver, Colorado.

Challenges

Welltok may present "challenges" to its members from time to time. The purpose of said challenges will encourage members to take positive steps towards a healthy lifestyle; however not all challenges will be fit for all members. It's the member's responsibility to determine if they are physically able to perform a challenge. An example of a challenge might be something like "Drink 8 glasses of water per day" or "walk/run 2 miles".

Not all individuals are the same and there is no way for Welltok, its partners, business associates or other members to have any idea how a particular challenge may affect you. Therefore it is imperative that you contact your physician before proceeding with any challenge to ensure that it is appropriate for you and that you are aware of any and all risks that may be associated with participating in any given activity associated with a challenge.

Neither Welltok, its partners, business associates nor members recommend or endorse any specific health challenge. It is your sole responsibility to ensure that you are able to participate in a challenge and that you are comfortable with any risks that may be associated therewith.

In no way shall Welltok, its partners, business associates or members be liable in any way for any injury (foreseeable or otherwise) which you suffer as a result of participating in a challenge.

As part of accepting these Terms and Conditions, you agree that any challenge you participate in is done due to your own volition, and not because you were pressured, forced or told to participate by Welltok, its partners, business associates or members.

Entire Agreement

Except as expressly provided in a particular "legal notice" on the Welltok site, these Terms and Conditions and Privacy Policy constitute the entire agreement between you and Welltok with respect to the use of the Caféwell site and content.

For any questions or comments, or to report violations of this agreement, let us know, or contact us at:

support@welltok.com
Welltok, Inc.
Attn: User Agreement Issues
1530 15th Street
Denver, CO 80202