Engage Terms of Use

Last Update: November 17, 2017



Anthem, Empire, and Blue Cross Blue Shield of Georgia health plan and wellness program members, welcome to the engage.castlighthealth.com (including its subpages and our mobile app (Engage Wellbeing), collectively, "Sites"). The Sites provide a United States based service (the "Service") offered by Castlight Health, Inc., including its subsidiaries Engage Technologies, Inc., and Jiff, Inc. ("Company") in association with your Anthem health plan or wellness program ("Anthem"). Please take a minute to ensure that you understand the terms and conditions of our relationship with you by reading this important information, which includes certain limitation of liability and indemnification provisions applicable to your use of the Service.

These Terms of Use are an agreement between Company and users of the Engage Service ("you" or "user"). BY CLICKING ON "I AGREE" BELOW OR USING THE SERVICE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. We reserve the right to update or change these Terms of Use at any time and for any reason, however, if we make material changes, we will notify registered users by e-mail, post a notice on our home page or alert you to such changes by other similar means. By continuing to use the Service, you agree to accept any such revisions. The date of the last update is stated at the top of this document. As long as you comply with these Terms of Use, as revised, and are at least eighteen (18) years of age, Company grants you a personal, non-exclusive, non-transferable, non-sublicenseable, revocable, limited privilege to use the Service.

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form; and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, Company has the right to terminate your account and refuse any and all current or future use of the Service.

These Terms of Use expressly incorporate herein by reference the provisions of the Engage Privacy Statement found at https://engage.castlighthealth.com/v2/privacy. The Engage Privacy Statement discloses Company’s practices regarding the collection and use of your personal information. By agreeing to these Terms of Use, you are also agreeing to the terms of the Engage Privacy Statement and consenting to the use and disclosure of information provided to us as outlined therein. You should also read other policies that govern other parts of our Sites.

If you accept these Terms of Use and register for the Service, but later decide that you want to deactivate your account, please contact Customer Support at 888-722-0483 and a support representative will verify your identity and complete your request. By deactivating your account as set forth above, you will also revoke any consents you have provided herein.


1. LIMITATIONS

Rely at Your Own Risk: Reliance on information provided through the Services is solely at your own risk. You should exercise independent judgment before applying any information provided through the Services to your own financial and health management needs, or otherwise relying on other information. No one person’s financial or health care needs are the same; therefore, there is no guarantee that information provided is accurate for or applicable to your particular circumstances.

Changes to the Sites or Service: You acknowledge that while we make an effort to keep you updated on important changes, such as by notifying you at login that a new Terms of Use is available for review, the Sites and Service may be changed or updated at any time for any reason without direct notice to you and information may not always be up to date. Company may also make changes in, or discontinue products, services or programs offered at any time with or without notice. We reserve the right to remove, screen, edit, or reinstate content, including third party and user content, from time to time at our sole discretion and without notice to you. For example, we may remove a review if we believe it violates our guidelines. We have no obligation to retain or provide you with copies of content, nor do we guarantee any confidentiality with respect to user content.

Not Professional Advice: Neither Company nor the Service is intended to provide legal, medical, healthcare coverage, tax or financial advice. Company is not, and is not an agent of, a health care provider, health plan, broker or tax or financial advisor. The Service is intended only to assist you in the organization of and decision-making process related to your health care coverage and payment options and is broad in scope. Your personal situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial or health care strategy, you should consider obtaining additional information and advice from your health care provider, health plan, advisor, broker or others who are fully aware of your individual circumstances.

The drug information in the Service is intended to supplement, not substitute for, the expertise and judgment of your healthcare professional. The information is not intended to cover all possible uses, directions, precautions, drug interactions or adverse effects, nor should it be construed to indicate the use of a particular drug is safe, appropriate or effective for you. You should consult your healthcare professional before taking any drug, changing your diet or commencing or discontinuing any course of treatment.

Not Responsible for Coverage Determinations: Company will provide assistance to help you understand your health care coverage and payment options. Statements, interpretations, advice or opinions by Company regarding health care coverage and/or payment options are solely provided to assist you with your decision making and are based on Company’s review of information available to Company regarding your plan (which may or may not be complete and/or current) and information provided to Company by you. The ultimate decision on whether a procedure or drug is covered, and to what extent coverage may be provided, rests solely with your health plan.

Educational Resources: Company and/or Anthem may make available self-care informational services which provide general medical and health information. These communications and resources are not comprehensive medical texts and do not include all the potential information regarding a subject matter. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific medical diagnosis and treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by Company. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment.

User Reviews: User reviews submitted through the Service are considered informational only and are not intended to - and do not - constitute professional advice with respect to the information provided. User reviews are based on personal experiences of users that may not be complete, comprehensive, representative of, or applicable to your individual circumstances. Please consult your health care provider, health plan, advisor, broker or other relevant professional regarding your specific situation.

Should you choose to submit a user review to the Service, you agree that: (a) you will not submit with your user review any PHI (as further defined below) or other personally identifiable information relating to you or any other individual which, together with other information, may be used to identify you or any other individual; (b) your user review is accurate and does not violate these Terms of Use, including the Restriction on Use set forth in greater detail in Section 5 below; (c) you own or otherwise control and are responsible for the content of your user review and assume all risks associated therewith, including anyone’s reliance on its quality, accuracy, or reliability; and (d) Company retains the absolute right and sole discretion to publish, post, display, remove, screen, edit, or reinstate your review without notice to you.


2. RIGHTS YOU GRANT TO US AND ASSOCIATED THIRD PARTIES

With the Service, you permit Company to retrieve your or your minor dependents’ information maintained online by your financial institution or third party administrators of your health plans or other third parties with which you engage in healthcare transactions ("Account Information"). In particular, if you have a HSA, FSA or HRA Account, you hereby provide your consent to your financial institution or third party custodian ("Custodian") sharing your available HSA or HRA balance in your HSA, FSA or HRA account with Company for purposes of providing the Service. You understand that your HSA, FSA or HRA account is separate and not part of your health plan. You further consent to a secure single sign-on with the Service to connect to or from any third party service with your Account Information, including but not limited to the Custodian of your HSA, FSA or HRA accounts, and you acknowledge that anyone using the Sites with your credentials will also have full access to, and use of, such connected third party service. We make no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. We are not responsible for the products and services offered by or on third-party websites. Company cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Company cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Service, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such websites. By submitting information, materials and other content to us through the Service, you are licensing that content to Company solely for the purpose of providing the Service. Company may use and store the content, but only to provide the Service. By submitting this content to Company, you represent that you are entitled to submit it to Company for use for this purpose, without any obligation by Company to pay any fees or other limitations.

You understand and agree that the Service is not sponsored or endorsed by any third parties from whom Company may access your information or that may be accessible through the Service.

With respect to any user review that you choose to submit to the Service, you grant Company a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, delete, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform information contained in such a user review for any purpose whatsoever throughout the world in any media, now known or hereafter devised. In addition, you further agree that Company retains the absolute right and sole discretion to publish, post, display, remove, screen, edit, or reinstate your review without notice to you.


3. LEGAL NOTICES

Disclaimers: YOU UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE AND THE SITES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY AND ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, "AFFILIATES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE OR THE SITES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY REVIEWS, RATINGS OR DATA FROM ANY THIRD PARTY. WHILE COMPANY TAKES STRINGENT PRECAUTIONS TO PROTECT YOUR DATA AND COMPLY WITH PRIVACY RULES AS SET FORTH IN THE SECURITY STATEMENT, WHICH CAN BE FOUND AT CASTLIGHTHEALTH.COM/SECURITY, COMPANY CANNOT FULLY GUARANTEE THE SECURITY OF INFORMATION YOU MAY PROVIDE OR INTERRUPTIONS IN THE AVAILABILITY OF ANY SERVICE, WHETHER THE RESULT OF ACTIONS BY COMPANY OR ANY THIRD PARTY. COMPLIANCE WITH THE SECURITY STATEMENT DOES NOT ENSURE THAT, AND COMPANY AND ITS AFFILIATES MAKE NO WARRANTY: (a) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (e) REGARDING THE ACCURACY OR RELIABILITY OF ANY THIRD PARTY OR USER REVIEWS, RATINGS OR INFORMATION; AND (f) THAT ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of Liability: IN NO EVENT SHALL COMPANY, NOR ANY OF ITS AFFILIATES, BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF THE GREATER OF (i) ACTUAL FEES PAID BY YOU, OR (ii) $2,000.00. IN NO EVENT SHALL COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT IS COMPANY LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY’S ACTS OR OMISSIONS.

You acknowledge and agree that payment by Company or retention by you of direct damages, as limited above, is your sole and exclusive remedy in exhaustion of all other remedies, at law or in equity, and that such remedy has not failed of its essential purpose. Any claims against Company arising in connection with your use of the Sites or any Service, product or information offered or purchased through the Sites must be brought against Company within one (1) year of the date of the event giving rise to such action. When using the Service, information will be transmitted over a medium which may be beyond the control and jurisdiction of Company, its customers and/or vendors. Accordingly, Company 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 Service.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, the above disclaimers and limitations may not apply to you if you reside in such a jurisdiction. You may also have other legal rights that vary from state to state.


4. INTELLECTUAL PROPERTY

Copyrights Trademarks and Patents: All of the: (a) content included on the Sites, including text, art, graphics, logos, button icons, images, pictures, audio clips and software, collectively "Content"); (b) trademarks, trade names, logos, brand names and service marks ("Marks") of Company, whether registered or unregistered; and (c) patents and patent applications ("Patent Rights") of Company, are the property of Company, its members, partners or content providers, and are protected by U.S. and international copyright, trademark or patent laws, as applicable. Except as granted in the limited license below, any use of: (i) Content, including modification, transmission, presentation, distribution or republication; (ii) Marks; or (iii) Patent Rights is prohibited without the prior written consent of Company (or if a Mark is owned by a third party, the prior written consent of such third party).

Limited License: As a user of the Service, Company authorizes you to download the Content, Marks and other materials (collectively the "Materials") on the Sites solely for your personal, non-commercial use. If you violate any provision of these Terms of Use, your permission to use such Materials automatically terminates and you must immediately destroy any copies you have made of any portion of such Materials. The Sites or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Company.

Third Party Licenses: You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any third party.

Data: Company welcomes your feedback as a user of the Service, and may request your feedback regarding the Service or providers referenced in the Service through surveys, bulletin boards, emails or other means. Any feedback you provide will become the confidential and proprietary information of Company, and you agree that Company may use in any manner and without limitation all comments, suggestions, complaints, reviews and other feedback you provide relating to the Service. Company shall have a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable right to use feedback for any purpose, including but not limited to, incorporation of such feedback into the Service or other Company software or services.


5. RESTRICTIONS/PASSWORDS AND TERMINATION

Restrictions on Use: You agree that you will not: (i) use the Service in order to invade the privacy of, obtain the identity of, or obtain any personal information about any other user of the Service; (ii) modify, erase or damage any information contained on the computer of any user connected to the Service; (iii) reverse engineer any portion of the Sites or Service; or (iv) use the Sites or Materials in any manner that is inconsistent with the limited license granted herein. Additionally, you agree not to post or transmit: (a) information under a false name; or (b) any information which (i) is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, Trojan horse or other code which is contaminating or destructive to the files or programs of Company or any of its users. Company reserves the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.

Passwords: As a user of the Service, you will either (a) receive an activation code for registration and select a user name and password in order to access the Service; or (b) access the Service through a Company customer’s or business partner’s password protected website. You hereby agree that you will: (i) not distribute your activation code (if applicable); (ii) keep your password protected and not share it with others; and (iii) promptly inform us or the website through which you access the Sites of any need to deactivate a password. You may contact us at support@castlighthealth.com.

Termination: Company reserves the right to refuse access to the Service and to terminate your use of the Service if Company believes that your conduct violates any applicable law or is harmful to the interests of Company, its members, partners or suppliers, or other users, or for any other reason in Company’s sole discretion, with or without cause.


6. GENERAL LEGAL PROVISIONS

Communications and Data Transfer: You agree to receive communications (which may be hard-copy, email, or electronic) from your employer, Company, and/or Anthem as part of your participation in the Services (which such communications may include evidence of coverage, billing and explanation of benefits statements, or other helpful information to help you get the most out of your plan and/or the Engage Services). You agree to provide your employer, Company, and/or Anthem with your current email address, and consent to receive any required communications from Anthem electronically. You may, at any time, change your mind regarding Anthem email or electronic communications and request a free hard-copy of any Anthem-provided materials by mail, by contacting Anthem at anthem.com or at the phone number listed on your Anthem ID card. Additionally, you agree that personal data may be transferred from outside your country of origin into the United States.

Third Party Links: The Service may include links to third party websites which may include opinions, information or recommendations of various third parties. In providing such links, Company does not represent to you that it or any of its customers has investigated the content of such third party websites. Company does not warrant or guarantee the accuracy of any content included on third party websites nor does it endorse, credential or accredit any opinions, recommendations or information included on such third party websites. Your use of third party websites is subject to the terms and conditions of use for such websites.

Governing Law and Jurisdiction: These Terms of Use are governed by California law for all purposes, including website use and product purchases, without giving effect to any principles of conflicts of laws. You hereby consent to the jurisdiction and venue of the courts in California.

International Laws: Company is based in the State of California in the United States of America. Company makes no claims that the Content of the Service is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Indemnification: You agree to indemnify, defend and hold harmless Company, its shareholders, affiliates, directors, managers or, employees or customers from and against any claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from your violation of these Terms of Use.

Third Party Rights: The indemnification provisions set forth above, consents provided in Section 2, and the provisions under Section 3 Legal Notices are for the benefit of Company, its Affiliates, its customers, and its third party providers of data, software and content, and any applicable Custodian. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Entire Agreement: Except as expressly provided in the other policies on the Sites, these Terms of Use constitute the entire agreement between you and Company with respect to the use of the Sites and Service. You acknowledge that the provisions, disclosures and disclaimers set forth in these Terms of Use are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. If you have any concerns or questions regarding the Sites, Service or revisions to the Terms of Use, please contact us at support@castlighthealth.com.

Miscellaneous: Our failure to exercise or enforce any right or provision does not constitute a waiver of such right or provision. No waiver of any provision shall be deemed a further or continuing waiver of such term or condition or any other term or condition. If any provision is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. Company may assign its rights and duties under this Agreement to any party at any time without notice to you and/or your approval. Questions or comments regarding the Sites or Service should be directed by e-mail to support@castlighthealth.com or via U.S. mail to Engage Technologies, Inc. at 150 Spear Street, Suite 400, San Francisco, CA 94105, Attn: Legal Department.


NOTICES FROM YOUR EMPLOYER
REGARDING YOUR EMPLOYER’S WELLNESS PROGRAM

Your Employer offers a voluntary wellness program (with certain wellness program benefits provided to employees and adult dependents enrolled in the group medical plan of your Employer). The wellness program is administered according to federal rules permitting employer-sponsored wellness programs that seek to improve employee health or prevent disease, including the Americans with Disabilities Act of 1990 (“ADA”), the Genetic Information Nondiscrimination Act of 2008 (“GINA”), and the Health Insurance and Portability and Accountability Act (“HIPAA”), as applicable, among others. The Engage Services help your Employer put various benefits offered to you through the Employer’s wellness program in one place, but the Engage Services do not constitute a “wellness program” as that term is defined in the ADA, GINA, and/or HIPAA.

This notice provides important information about the wellness program activities sponsored and provided by your Employer through the Engage Services. This notice does not apply to any wellness activities that may be sponsored or provided separately by your employer at your worksite.

If you choose to participate in your Employer’s wellness program, you may be asked to complete a voluntary health risk assessment ("HRA") that asks a series of questions about your health-related activities and behaviors and whether you have or had certain medical conditions (e.g., cancer, diabetes, or heart disease). You may also be asked to complete biometric screening, which includes testing such as height, weight, blood pressure, cholesterol, and triglycerides. You are not required to complete the HRA or to participate in the biometric screening. However, employees who choose to participate may receive an incentive for doing so.

The information from your HRA and the results from your biometric screening will be used to provide you with information to help you understand your current health and potential risks, and may also be used to offer you services through your Employer’s wellness program, such as personalized health coaching. You also are encouraged to share your results or concerns with your own doctor.


Protections from Disclosure of Medical Information

Your Employer, on behalf of its group health plans, is required by law to maintain the privacy and security of your personally identifiable health information. Although the wellness program and your Employer may use aggregate information to design a program based on identified health risks, Company will never disclose any of your personal information either publicly or to your employer, except as expressly permitted or required by law. Medical information that personally identifies you that is provided in connection with the wellness program will not be provided to your Employer and may not be used to make decisions regarding your employment. You may not be discriminated against in employment because of the medical information you provide as part of participating in the wellness program, nor may you be subjected to retaliation if you choose not to participate.

Your health information will not be sold, exchanged, transferred, or otherwise disclosed except to the extent permitted by law to carry out specific activities related to the wellness program, and you will not be asked or required to waive the confidentiality of your health information as a condition of participating in the wellness program or receiving an incentive. Anyone who receives your information for purposes of providing you services as part of the wellness program will abide by the same confidentiality requirements. The only individual(s) who will receive your personally identifiable health information include a healthcare professional administering your biometric screening or a health coach, customer service or client management representative, in order to provide you with services under the wellness program. For information on any individual(s) who may receive your personally identifiable health information in the administration of the Engage Services, refer to the Engage Privacy Statement.

In addition, all medical information obtained through your Employer’s wellness program will be maintained separate from your personnel records, information stored electronically will be encrypted, and no information you provide as part of the wellness program will be used in making any employment decision. As a general matter, Company cannot disclose your identifying data to your Employer or another third party without your consent. Your Employer can only receive aggregate data relating to the wellness program, unless you provide consent or voluntarily disclose the data. Appropriate precautions will be taken to avoid any data breach and you will be notified immediately in the event that a data breach occurs involving information you provide in connection with the wellness program.

For more information about your Employer’s obligations with respect to your personally identifiable medical information, review your Employer’s notice of privacy practices or contact your Employer’s Human Resources team or the Corporate Wellness Manager.


Notice of Reasonable Alternatives

Your Employer’s wellness program is committed to helping you achieve your best health. Rewards for participating in the wellness program are available to all employees. If you think you might be unable to meet a standard for a reward under this wellness program, you might qualify for an opportunity to earn the same reward by different means. Contact the Corporate Wellness Manager (above) [and we will work with you (and, if you wish, with your doctor) to find a wellness program with the same reward that is right for you in light of your health status.


I agree to receive communications from Anthem, Inc., My Employer, and Company as part of my participation in the Engage Services. Additionally, I agree that my personal data may be transferred outside my country of origin to the United States.