OPTUMHEALTH TERMS OF SERVICE
By checking the box, you understand and agree as follows:

Legal Agreement.  In order to use the sparkpeople.com/wellnesscoaching website (“Site”) service being offered to you by OptumHealth, you agree to these OptumHealth Terms of Service (“OptumHealth Terms”).  These OptumHealth Terms constitute a legally binding agreement between you and OptumHealth.  If you are helping another person use the Site, these OptumHealth Terms constitute a legally binding agreement between both the helper and the person being helped and OptumHealth.  Terms such as “we” or “our” and “Company” refer to OptumHealth and its affiliate entities.  Please print and retain a copy of these OptumHealth Terms for your records.

Site Terms.  In addition to these OptumHealth Terms, your use of the Site is also governed by the sparkpeople.com Terms of Service and Privacy Policy.  If there is a conflict between these OptumHealth Terms and the SparkPeople.com Terms of Service and Privacy Policy, these OptumHealth Terms will govern.

Confirmation of Age.  You represent and warrant that you are 18 years of age or older.  If you are under age 18, you may not use the Site. 
 
Enrollment in SparkPeople by Health Plan Members.  Enrollment in SparkPeople through this Site and identification of a wellness coach will inform SparkPeople that you are a health plan member engaged in wellness coaching.

Consent to OptumHealth Receiving Personal Information and Monitoring Site Activity.   “Personal information” means information that specifically identifies you as an individual, such as your full name, telephone number, e-mail address, postal address, or certain account numbers.   If you choose to use the Site and provide personal information to SparkPeople, SparkPeople will share information about your Site use and activity with OptumHealth.  This personal information may include, for example, your name and frequency of use such as number of logins, weight tracker, nutrition tracking, and setting of goals.  Such information received by OptumHealth from SparkPeople will be handled by OptumHealth as described below.
 
  • Use of Personal Information by OptumHealth for assessment and business purposes.  OptumHealth may also review and use information about your engagement, use and activity on the Site for the following purposes:
    • To assess the benefits of SparkPeople for users, including for example, to determine if use of the site or any specific website features can be correlated to successful health outcomes.
    • To comply with applicable laws, regulations, and legal process.
    • To protect someone's health, safety, or welfare.
    • To protect our rights, the rights of affiliates or related third parties, or take appropriate legal action, such as to enforce these OptumHealth Terms.
    • As otherwise necessary or useful for us to conduct our business, so long as such use is permitted by law.
  • Disclosure of Personal Information by OptumHealth.  Personal information received by OptumHealth from SparkPeople will only be disclosed to third parties as outlined below or as otherwise permitted by law.
    • We share and give access to personal information to our employees and agents in the course of operating our businesses. We may share personal information with other affiliates or business units within the Company.
    • We may share and give access to personal information with other companies that we hire to perform services on our behalf or collaborate with. Similarly, we may hire outside companies to host or operate some of our websites and related computers and software applications.  If we share or give access to personal information to outside companies we require them to use the personal information only for limited purposes. If you believe we or any company associated with the Company has misused any of your information, please contact us immediately and report such misuse.
    • We may share personal information with your health plan.  In such cases, your information will be treated as health and medical information under the Health Insurance Portability and Accountability Act (“HIPAA”) and will be handled in accordance with your health plan’s HIPAA Notice of Privacy Practices.
    • We may share personal information if all or part of the Company is sold, merged, dissolved, acquired, or in a similar transaction.
    • We may share personal information in response to a court order, subpoena, search warrant, law or regulation. We may cooperate with law enforcement authorities in investigating and prosecuting website visitors who violate our rules, or engage in behavior that is harmful to other visitors, or is illegal.

Use of Non-Personal Information.  “Non-personal information” means information that does not permit us to specifically identify you by your name or similar unique identifying information such as member identification number.  OptumHealth may also receive forms of non-personal information from SparkPeople or OptumHealth may process personal information it receives to make it non-personal.  Aggregate and de-identified data regarding use of the Site is non-personal information.   Because non-personal information does not identify who you are, OptumHealth does not limit the ways we may use or share non-personal information. For example, we may share non-personal information with our affiliates, suppliers, employees and agents, other businesses, and the government.

No Modification of Benefit Plan.  The information on this website does not replace or modify any benefit plan or materials provided in connection with any plan.
SparkPeople Content. The content displayed on the SparkPeople website is provided by SparkPeople, Inc. (“SparkPeople”) and registered users of the SparkPeople website (“SparkPeople Members”).  OptumHealth does not pre-screen, monitor or review the content of user postings, blogs, journal entries or other content, and does not make any warranty as to the reliability, accuracy, timeliness, usefulness or completeness of any content appearing on the SparkPeople website. 

Not Healthcare Advice. THE CONTENT CONTAINED ON THE SPARKPEOPLE SITE (THE “CONTENT”), WHETHER PROVIDED BY SPARKPEOPLE OR BY SPARKPEOPLE MEMBERS, IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONAL, OR INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. THE CONTENT DOES NOT CONSTITUTE MEDICAL ORHEALTH ADVICE. SHOULD YOU HAVE ANY HEALTHCARE-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, THEN CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL OR ADVICE OR DELAY IN SEEKING MEDICAL OR PSYCHOLOGICAL ADVICE BECAUSE OF ANY INFORMATION IN THIS SITE, AND YOU SHOULD NOT USE OR RELY ON THE CONTENT FOR DIAGNOSING OR TREATING A MEDICAL PROBLEM. THE TRANSMISSION AND RECEIPT OF CONTENT, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND SPARKPEOPLE.

Limitation of Liability.  YOU AGREE THAT NEITHER OPTUMHEALTH, SPARKPEOPLE, NOR THE SITE-RELATED PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE OR THE CONTENT ON THE SITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE SITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES AND DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, EVEN IF OPTUMEHALTH OR THE SITE LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THIS SITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this Site, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.

Contact us.  To contact us regarding these OptumHealth Terms or to request a copy of these OptumHealth Terms, contact us at support@sparkpeople.com.

Effective Date  The Effective Date of these OptumHealth Terms is November 21, 2011.