This agreement between Welltok, Inc., owner of CaféWell™, together with its affiliates and assignees (hereinafter, "Welltok") and you, sets forth the terms and conditions which govern your use of the Site.
The purpose of Welltok’s CaféWell website (the “Site”) 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.
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. 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 (THE “AGREEMENT”), YOU ARE NOT AUTHORIZED TO ACCESS THE CaféWell SITE.
Some Important Points:
- Welltok reserves the right to cancel any account with or without reason at any time.
To become a member and access the area on this Site reserved for members (the "Member Area"), Welltok requires that you are: 1) a member of the sponsoring health plan or employer; 2) an invited guest of a member; or 3) a registered user. As part of registration, you will be asked to provide certain Personally Identifiable Information (“PII”) as well as giving us some information about yourself that may help us optimize your experience on the Site. Other than selecting a user name (or handle), or submitting your first and last name and email address—all other information you submit is voluntary.
By registering as a member you represent that you are age 13 or older. People under the age of 13 are prohibited from registering as members.
The intentional use of any false or misleading information during the registration process will be grounds for immediate termination of membership.
Account Passwords and Security
Welltok requires you to open an account with PII; 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 Site 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 is not 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.
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 the 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 Site 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.
Interactive Features, Communities and Forums
Welltok hosts support groups, communities, communiction channels for wellness coaching, discussion groups, chats and other member forums and interactive features on its Site. Any user failing to comply with the terms and conditions of this Agreement may be removed from access to these features with or without notice, at Welltok's sole discretion. Welltok may remove any user-created content at any time for any reason. Health discussion groups, communities, expert forums, 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.
This Agreement applies to all groups, chats, forums or interactive features that may exist or may be established in the future. 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. 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.
Welltok may present wellness activities or "challenges" to its members from time to time. The purpose of these challenges is to encourage you to take positive steps towards a healthy lifestyle; however not all challenges will be a fit for you. It is your responsibility to determine if you 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, if you have a health condition or impairment, it may be advisable before proceeding with any challenge to speak with a physician 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.
Due to the community nature of the Site, content contained herein, whether data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (collectively "Submissions") can and will be posted by Welltok, third parties and other users. Welltok has no obligation to monitor any of the Submissions posted to the Site. However, you acknowledge and agree that Welltok has the absolute right to monitor such Submission at their sole discretion to confirm compliance with these terms. Welltok and its designees shall have the right to remove any Submission that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Submission, including any reliance on the accuracy, completeness, or usefulness of such Submission.
User and Third Party Content
As noted above, many Submissions are provided by third parties, sponsors and other users of the Site. Accordingly, Welltok does not endorse nor shall be responsible for the accuracy and reliability of any opinion, advice, or statement made on the Site. You understand that you are solely responsible for all your Submissions, whether publicly posted or privately transmitted. Under no circumstances will Welltok be liable in any way for any user Submissions, including, but not limited to, any errors or omissions, or any loss or damage of any kind incurred as a result of the use of any Submissions posted, emailed, transmitted or otherwise made available via the Site. You further understand that the Internet has no geographical boundaries, and you therefore agree to comply with all local rules regarding online conduct and acceptable Submissions. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Furthermore, from time to time Welltok may contract with sponsors, such as health plans, employers, wellness coaches and other independent third parties, to facilitate discussions and provide content on the Site. These third parties will act independently of Welltok with respect to content and facilitation of discussions on the Site. 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.
License to Submitted Content
Welltok does not claim ownership of any user Submissions. However, by submitting and/or posting any Submissions to the Site, you grant Welltok a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Submissions (in whole or in part) worldwide as necessary to host, maintain and provide access to the Site to you and other users, without any compensation paid to you and without further approval from you, for the full term of any rights that may exist in such Submissions. You also permit any user to access, display, view, store and reproduce such Submissions for personal use in accordance with your privacy settings.
Dealings with Other Third Parties
From time to time, members may have the option of integrating their CaféWell experience with other third parties such as other websites, sponsored services or product vendors. 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.
Furthermore, Welltok is not responsible for any interactions between members on the Site 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 interactions 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 ANY BASIC SAFETY CONCERNS.
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;
- Target or harm minors in any way;
- 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; 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;
- Post, transmit, or otherwise make available any material that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships, or under nondisclosure agreements);
- Post, transmit, or otherwise make available any material that infringes trademark, trade secret, copyright or other proprietary rights of any party;
- 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 steal, mimic, etc. the look and feel, features, or intellectual property of Welltok, as further described and set forth in our Intellecual Property Overview (which is found at the end of this Agreement);
- 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 Sitefor commercial or non-commercial purposes;
- Attempt to manipulate identifiers in order to disguise the origin of any post or transmitted material;
- Violate any local, state, national or international laws;
- Post, transmit, or otherwise make available any material that unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Interfere with any other user's use and quiet enjoyment of this Site; and/or
- Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.
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 does not control or endorse these Linked Sites, nor has Welltok reviewed or approved the content which appears on the 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 Of Warranties
THE SITE AND THE CONTENT AND SERVICES, INCLUDING INFORMATION PROVIDED TO YOU BY WELLNESS COACHES OR OTHER THIRD PARTIES, 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, WELLNESS COACHES, AND 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, NOR 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, you agree that Welltok may store, as necessary, member information related to the same.
Limitation of Liability
In no event shall Welltok, their 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).
Compliance with COPPA
The 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 PII by anyone less than 13 years of age.
You understand and agree that your access to the Site, the services provided and your account depends upon your compliance with the terms of this Agreement, as well as Welltok's decision to continue operating the 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, and/or 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 Site and the content is at your own risk. When using the Site, information will be transmitted over a medium that may be beyond the control of Welltok. As such, Welltok does not assume liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the 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 the Site who transmit private or sensitive information do so at their own risk.
Governing Law and Disputes
These Terms of Service, 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.
For any questions or comments, or to report violations of this agreement, let us know, or contact us at:
Attn: User Agreement Issues
1675 Larimer Street
Denver, CO 80202
Some Important Points:
- Your privacy is of the utmost importance to Us.
- Privacy controls will provide a list of any third parties you have authorized to access your information and will allow you to cease sharing of your information at any time.
Persons under 13
CaféWell is not intended for individuals under the age of 13 and we have no intention of collecting PI from children under 13. If you are under the age of 13 or would otherwise be restricted from registering a social media account because of your age, please do not attempt to create an account on CaféWell or provide us with us with any PI of any kind.
We take safety issues very seriously, especially with children, and we encourage parents to teach their children about safe Internet practices. To learn more, visit OnGuardOnline.gov – the U.S. Federal Government’s website to help you be safe, secure and responsible online use by children under 13.
Before you are able to access and use CaféWell you will be required to create and register an account which will be protected by a password of your choosing. It is important that you do not share your personal account or your account password with anyone. Doing either will compromise our ability to protect your PI.
Information We Collect
There are a variety of types of information that CaféWell collects. Personal Information and Non-Personal Information, both of which are discussed below.
Personal Information ("PI")
In broad terms, PI includes two classes of data: (a) Personally Identifiable Information or "PII" is information that can be used to identify, contact or locate an individual alone (such as their name, photos, email addresses, etc.), or when combined with other personal or identifying information that is linked or linkable to a specific individual, and (b) personal information relating to your health, health status, health condition, participation in wellness programs or other health or wellness related information including medical history, test and laboratory results, insurance information and other data that is collected by the Site that is linked to your personal identity.
Non-Personal Information ("NPI")
Non-Personal Information or "NPI" is information which is recorded about users and aggregated into groups or categories or otherwise de-identified, but does not provide any information, health or otherwise, that could be used to personally identify or is otherwise linked to you.
Registration & Account Information
As stated above, CaféWell requires that you provide certain PI during the registration process, as well as optional information in your user profile. Examples of such PI can be, but are not limited to, things like your name, birthday, email address, and optional information such as city, state, zip code, country, and health interests.
As part of the registration process, you will also be required to create a user name and account password which will be stored with CaféWell. We recommend you select a user name that does not include your personal name or other PI that could be used to identify you.
Some of the information you provide when you register will be visible to other people visiting the Site. Members may control some profile fields which other members or sponsors can see by adjusting the privacy settings on your ‘Account Settings’ pages within the CaféWell Site.
Interactive Tools and Communications
The purpose of CaféWell is to allow members to communicate about various health issues affecting them in the hope that a market place of ideas will help promote the quality of our members’ health and healthcare. To that end, members will have a variety of methods to communicate with each other including, but not limited to, email, private messaging, information regarding your participation or completion of one or more milestones, rewards and posts to the Site (collectively, "User Generated Content"). Each time a content creation feature on the Site is used, the information contained in that communication will be available not only to the recipient, but to all other users of the Site as well.
Public Areas of CaféWell
If you choose to communicate directly with other members on CaféWell, those members may be able to view certain PII related to your account, such as your email address, your user name and any information that you chose to post on the Site. Likewise, if you send an email to a member or invite a non-member to join CaféWell, we will provide your name and your email address to the intended recipient. In addition, by registering on the Site, you consent to receive regular communications from Welltok as well as the organization that sponsored your participation on the Site. Although we will make reasonable efforts to safeguard these private communications, because of third party attacks on websites are occasionally successful it is important for members to understand that we make no representations regarding the confidentiality and security of any given communication notwithstanding that the correspondence may involve the communication to a medical professional.
Sponsored Contests, Activities and Challenges
Notwithstanding the foregoing, in addition to disclosures that you specifically authorize, CaféWell may disclose PI as follows: We may release PI to third parties: (1) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order; (2) in response to a physical threat to you or others; (3) to protect property or to defend or assert legal rights; or (4) in connection with a transaction or proceeding involving the transfer of all or part of our business relating to the information, or involving the transfer of control of those assets involved in such business. In the event that We are legally compelled to disclose your PI to a third party, We will attempt to notify you, unless doing so would violate the law or court order. In addition, We may disclose PI as described below. Any and all attempts by Welltok to provide notification will be made solely by email and exclusively made to the email address the member has registered with the Site.
Welltok may combine any public information you provide with information from other users to create aggregate data to display on the CaféWell Site. This information may include, but is not limited to, such characteristics as age, sex, zip code, etc. This aggregate information may also be disclosed to third parties. Aggregate data does not contain any information that could be used to contact you, identify you, or associate any health condition with you, personally. For example, Welltok may use information gathered to create a composite profile of all the users of a particular contest or challenge. Welltok may also share this aggregate information with third parties to help such parties understand community needs and to design appropriate programs and activities on their website.
Information Collected by Third Parties Not Acting on Behalf of Welltok
We will not share your PI with sponsors without your consent. Sponsors work with Welltok to help present wellness and health information on this Site. Sponsorship enables CaféWell to target content and challenges that you might be interested in. Sponsors on CaféWell may use their own cookies or other online tracking technologies in emails, special promotions or newsletters we send you.
Disclosure to CaféWell Staff and Moderators
Welltok staff and community managers sometimes have limited access to your PI in the course of providing products or services to you and other members, to troubleshoot problems or resolve complaints. Other than as expressly approved by you, access to your PI is limited to the information reasonably necessary for the employee to perform the function needed to resolve the issue or to improve the service.
Disclosure to CaféWell Operations and Maintenance Contractors
Welltok operations and maintenance contractors sometimes have limited access to your PII in the course of providing products or services to CaféWell. These contractors include vendors and suppliers that provide Us with technology, services, and/or content for the operation and maintenance of our Site. Access to your PII by these contractors is limited to the information reasonably necessary for the contractor to perform its limited function for CaféWell.
Disclosure to Affiliates
Updating and Removing Your Information
You have the right to access, correct and delete inaccuracies in your PI and privacy preferences at any time. With respect to registration information, this may be accomplished by logging in to your account on the Site, where you can view and make changes to your PI.
You may have limited rights to edit or remove any content that you post, share or otherwise distribute on CaféWell that includes your PI, depending on the specific portion of the Site on which it is posted. For example, a member will not have the ability to edit or delete information posted in a public forum, although a member will generally have the ability to edit or delete information posted on their own personal page.
Notwithstanding whether the member has an ability to edit or delete information seen by others, it is imperative for members to understand that even if a member deletes any User Generated Content from the view of others, such information may still be stored on other databases, specifically, including those kept for archival purposes. Furthermore, while we honor your request to remove any User Generated Content, User Generated Content that was previously shared with a sponsor or other third party at your consent will be subject to their own privacy policies and user agreements and cannot be deleted or removed by Welltok. Welltok will not endeavor to retrieve deleted content from our archives in order to erase it from the archives. Also members should be aware that any User Generated Content that you post may have been republished or distributed prior to deletion and may remain publicly available on another portion of the Site. Finally, it is important for you to be mindful that the content you create on CaféWell may be available to the general public and may be collected, copied or indexed by third parties such as search engines (Google, etc.).
Third Party Links
Choice of Law
Your California privacy rights
California law permits residents of California to request certain details about what PI a company shares with third parties for the third parties' direct marketing purposes.
EU Safe Harbor
If you are from Europe and want to know more information about our compliance with the U.S.-EU Safe Harbor Framework, please review our EU-Safe Harbor Compliance Policy.
If you have any questions about this or concerns regarding our policy on privacy, please feel free to write to us at CaféWell, 1675 Larimer Street, Suite 300, Denver, CO 80202 or email us at: email@example.com