1. INTRODUCTION AND ACCEPTANCE
Welcome to the Humana Engagement Source brought to you by Humana Behavioral Health, Concentra or Humana, all Humana companies, (referred to as “us," "we," or "our") on and through the website ("us," "we," or "our"). We are pleased to offer Wellness engagement support services on and through our website, https:// engagement.humana.com (the “Website”), to our employer partners as part of our Humana Wellness Solution services.
2. WEBSITE ACCESS AND SERVICES AVAILABILITY
(A) When you utilize the Humana Engagement Source, you will have access to materials, tools, group orientation sessions, regular support meetings and information that will assist and support you to develop your own company wellness promotional plan to help you drive engagement into your wellness programs and services. Access to our Website and services is provided for the purposes set forth in the preceding sentence. Any other access to or use of this Website or our services is unauthorized.
(i) use the Website or services for the purpose of creating, developing, or promoting any enterprise, whether for profit or non-profit;
(ii) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or information that we may provide through our services;
(iii) circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or services;
(iv) use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy content from publicly accessible portions of the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
(v) collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses;
(vi) attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
(vii) decompile, reverse engineer, or disassemble any portion of any the Website;
(viii) use network-monitoring software to determine architecture of or extract usage data from the Website;
(ix) encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity; or
(x) violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce.
(E) If you participate in our services, a group orientation session between you, other users and your Account Representative will be scheduled. . It is our goal that our Website and services be available 24 hours per day, 7 days per week. However, there may be brief periods where the Website is down, our services are unavailable, or both, whether for routine maintenance, to correct technical difficulties, or for some other reason beyond our control. Availability of our Website and services are subject to change at any time in our sole discretion.
(A) In order to subscribe to our services or to access certain areas of our Website, you must become a registered user. To become a registered user, you must be employed by one of our clients and that client, in turn, must have requested permission and/or paid for the right for you to subscribe to our services.
(B) You will be provided with a user name and password from your Account Representative. You are responsible for safeguarding and maintaining the confidentiality of your user name and password. You are solely responsible for the activity that occurs under your Account, whether or not you have authorized the activity. You agree to notify us immediately at the Humana Privacy Office of any unauthorized use (or attempted unauthorized use) of your Account.
Humana Privacy Office
PO Box 1438
Louisville, KY 40202
Or by e-mail at firstname.lastname@example.org
4. CONFIDENTIALITY. Information that may be disclosed to you through use of our Website and/or services including, without limitation, software, documentation, and know-how related to our engagement services is confidential and proprietary to us, our licensors, or both. You agree to maintain such information in strict confidence and use such confidential information only for the purpose for which it was disclosed. You agree not to disclose such confidential information to third parties unless authorized by us to do so. These restrictions shall not be construed to apply to information which you can establish (i) was publicly known and made generally available in the public domain prior to the time of disclosure to you; (ii) becomes publicly known and made generally available to the public through no action or inaction by you; or (iii) is in your possession, without confidentiality restrictions, at the time of disclosure as shown by your documents and other competent evidence prior to the time of disclosure.
5. ACCOUNT CANCELLATION
8. DISCLAIMERS. THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, HCS, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, ANY PARENT COMPANY, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, THIRD-PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS AND VENDORS, LICENSORS, MERCHANTS, RELATED COMPANIES, ADVISORY BOARDS, REPRESENTATIVES, AND SUPPLIERS (COLLECTIVELY, THE “HCS ENTITIES”) DISCLAIM ANY AND ALL WARRANTIES , EXPRESS AND IMPLIED, INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE CERTAIN RESULTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, COMPLETENESS OF INFORMATIONAL CONTENT MADE AVAILABLE THROUGH THE WEBSITE OR SERVICES; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; AND (4) WARRANTIES THAT YOUR USE OF THE WEBSITE OR SERVICES WILL BE SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY OUR COACHES OR US SHALL CREATE A WARRANTY OF ANY KIND.
9. LIMITATION ON LIABILITY
(C) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
11. COPYRIGHT POLICY (If we use the file manager)
(A) We respect the intellectual property rights of others and expect our users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Account of persons suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
(B) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Name: Melissa Gunter
2102 W. John Carpenter Freeway
Telephone Number: 800-240-8388
(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) 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.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(v) 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 owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
12. AMENDMENT; ADDITIONAL TERMS
13. THIRD PARTY CONTENT AND LINKS
(A) The Website may contain third-party content or we may provide third-party content through our services. In some cases, this content may be posted by users of our Website or services. In other cases, we may post third-party content on our Website or provide it through our services. Such third-party content represents the opinions and judgments of the third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement that may be made in such third-party content and expressly disclaim any warranties with respect to the same.
(B) The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
14. MISCELLANEOUS (As needed and apply)
(D) You consent to receive communications from us electronically. You agree that we have the right to communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.