TERMS AND CONDITIONS OF USE

You are requesting access to information about your health and the ability to communicate with your health providers regarding your health information by using an Internet-based electronic application called the Healthier Life HRA. Please read carefully the following terms and conditions before using Healthier Life HRA. In order to obtain access to Healthier Life HRA, you are required to acknowledge that you have read these terms and conditions and agree to them.

The developers and distributors of Healthier Life HRA reserve the right to make any changes to these Terms & Conditions at any time without notifying you or obtaining your agreement. Any changes to the Terms & Conditions will be posted on the Healthier Life HRA website.

These Terms and Conditions apply to current and future installations of Healthier Life HRA software unless otherwise specified by an updated Terms and Conditions Document. This includes web-based, tablet, iPad, android, mobile access and any other format in which the Healthier Life HRA is accessed. At present, world wide web URL’s include: healthylifehra.org, hra.case.edu and healthylifehra.com, but in the future this may include additional URL’s, in particular via arrangements with a particular health care provider.

By accessing or using Healthier Life HRA Healthier Life HRA you agree to be bound by all the terms and conditions of this Agreement and our Notice of Privacy Practices as posted. It is important to review the agreement and Notice of Privacy Practices periodically as we may modify either or both at any time, and you agree that such modifications are effective and binding upon you immediately upon posting of the modified version

Privacy

The privacy of your health information is very important to us. We will use and disclose your health information in accordance with our Notice of Privacy Pracitices, in order to provide you with health care services and as needed according to arrangements made with your health care provider for treatment, payment and operations purposes. Your health information will be maintained in confidence and we will not disclose it to any unaffiliated third party unless you authorize that person to receive your health information or the intended use or disclosure is permitted by law. Please review the Notice of Privacy Practices for an explanation of how, when, and why we use and disclose your health information. All electronic messages sent and received within Healthier Life HRA that contain health information are subject to state and federal laws governing the security and confidentiality.

Use/Access

Healthier Life HRA should never be used for urgent matters. For all urgent medical matters, contact your physician's office by phone, and/or go to the emergency department of a local hospital, and/or dial 911.

All information in Healthier Life HRA is provided "as is" without warranty of any kind and meant for use only to support your relationship with your medical provider. Your use of and/or reliance on the information provided in Healthier Life HRA is not meant to replace proper medical attention. The information displayed in Healthier Life HRA is not a substitute for your medical record. Therefore, you must contact your health provider directly for official and complete copies of your medical record or in regard to discrepancies with the medical information listed in your record.

Healthier Life HRA may not be available to you at all times due to system updates and maintenance, system failures, procedures, or other causes beyond the control of the developers. Access is provided on an "as-is, as-available" basis and we do not guarantee that you will be able to access Healthier Life HRA at any particular time.

The information you submit to Healthier Life HRA, including any electronic messages, may be shared with health provider staff when their job includes assisting your physician in providing your medical care. However, your information will only be available to staff having a business reason for accessing it. In addition, if there is insufficient information provided, we may be unable to provide accurate and reliable responses and/or service.

Inappropriate Use/Deactivation or Termination

Healthier Life HRA access is granted for the purpose of furthering your medical care. Use of Healthier Life HRA unrelated to this purpose may result in the deactivation, suspension or termination of access privileges. Improper use includes, but is not limited to, the use of inappropriate, threatening or abusive language, and any other use that the developers, in their sole discretion, determine constitutes an interference with or disruption to operations. Healthier Life HRA reserves the right, in its sole discretion, to deactivate or terminate a user's access to all or part of the Healthier Life HRA website, with or without notice.

Healthier Life HRA ID and Password

You may be provided with an access code when you initially enroll in Healthier Life HRA. You can use the access code that is given to you to create a unique personal login name (called the "Healthier Life HRA ID") and password. Once the access code has been used, it will no longer be valid. You may also create a login and password. The login name and password you choose will be used to access your health information in Healthier Life HRA. They are unique and they identify you in the Healthier Life HRA system. Any inquiries and entries you make in Healthier Life HRA will be logged with your identity and may become part of your health provider’s medical record. Therefore, it is important that you keep your login name and password completely confidential. Anyone with access to your login name and password will be able to access your health information, as well as read your messages and send new messages as if they were you. It is your responsibility to prevent disclosure of your login name and password, and to change your password if you feel that the security of your password has been compromised. Healthier Life HRA is not responsible for breaches in security caused by your failure to properly manage the secured access to your Healthier Life HRA account. You may change your password at any time. You may do so by logging into Healthier Life HRA, choosing "Healthier Life HRA Account" and then clicking on "Change Password".

Verification of Identity

Your provider or a representative may ask you to verify your identity in order to connect information from the Healthier Life HRA application with your medical record.

Secure Communications

Communications between you and the Healthier Life HRA occurs over a secure connection. However, you should secure your login information and other information related to your account. The health information available to you and accessed within your Healthier Life HRA account and is protected and securely maintained by your provider or another entity administering the HRA.

Although Healthier Life HRA is configured to be secure from unauthorized access, Healthier Life HRA is not responsible for some security breaches, depending on cause, including, without limitation:

• The complete and absolute security of all electronic communication transmissions between the patient and Healthier Life HRA
• Unauthorized disclosure resulting from a user not logging out of an active session
• Unauthorized disclosure resulting from a lost, stolen, or shared login name and/or password
• Unauthorized disclosure resulting from information printed from Healthier Life HRA by the user
• Unauthorized disclosure resulting from personal computer settings or installed software products that may compromise information security
• Other events caused by events or actions beyond the substantial control of Healthier Life HRA

Intellectual Property Rights

The content and material available on the Healthier Life HRA website may be protected by copyrights, trademarks, patents, trade secrets, or other proprietary rights and laws. You may download, use and copy materials from the Healthier Life HRA website for your personal, noncommercial use only, provided you comply with all applicable law, all copies include our copyright information and logo, and the information is not altered in any way. Material cannot be copied and redistributed without the express written permission of Healthier Life HRA or the owner of the material. Except as authorized by law or in this paragraph, you are not being granted a license under any copyright, trademark, patent, or other intellectual property right in the material, the products, services, processes or technology described in or available through this website. All such rights are retained by Healthier Life HRA, its affiliates and subsidiaries, and/or any third-party owner of such rights. You may not create framed links to the Healthier Life HRA website without the express written permission from Healthier Life HRA and any applicable third-parties.

Healthier Life HRA, the names, logos and all related product and service names, design marks and slogans are the trademarks or service marks of Healthier Life HRA, its subsidiaries and affiliates, and/or any third-party owner of such rights. You are not authorized to use any Healthier Life HRA names or marks in any advertising, publicity or in any other commercial manner without the prior written consent of Healthier Life HRA or the appropriate rights owner. Requests for authorization for the use of proprietary right should be made to Joseph Sudano, PhD, 2500 MetroHealth Drive, Cleveland, Ohio 44109.

Disclaimer of Warranties and Limitation of Liability

Healthier Life HRA makes no representations or warranties about the suitability of the Healthier Life HRA website materials for any purpose. The materials on Healthier Life HRA website are provided: AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. Healthier Life HRA does not warrant the accuracy or completeness of the information, text, graphics, links and other items contained within these materials. IN NO EVENT SHALL Healthier Life HRA BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE OR DATA WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH ANY WEBSITE OF HEALTHYLIFEHRA OR THE USE, RELIANCE UPON OR PERFORMANCE OF ANY MATERIALS CONTAINED IN OR ACCESSED FROM ANY WEBSITE OF HEALTHYLIFEHRA. Healthier Life HRA may make any changes to these materials, or the products and services described within these materials, at any time without notice. Healthier Life HRA makes no representation or commitment that it will update the information contained herein.

Use of Information Provided via the Internet

Do not send Healthier Life HRA any confidential proprietary information. Any feedback, data, answers, questions, comments, suggestions, ideas or the like which are sent to Healthier Life HRA will be treated as being non-confidential and nonproprietary. Any such information provided may be reproduced, used and distributed by Healthier Life HRA for any purpose without restriction.

DISCLAIMER FOR INFORMATION PROVIDED ON LINKS TO OTHER SITES

I understand that Healthier Life HRA may provide links or reference to other sites but Healthier Life HRA has no responsibility for the content of such other site and shall not be liable for any damages or injury arising from that content. Any links to other sites are provided as merely a convenience to the users of this web portal.

Legal Compliance

Users are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material on the Healthier Life HRA website. If something a user posted or transmitted results in or encourages conduct that is considered a criminal offense, creates civil liability or otherwise violates any law, the website owner will fully cooperate with law enforcement authorities or court order requesting or directing the website owner to disclose the identity of anyone posting such information or materials.

Choice of Law and Forum

The terms and conditions set forth above shall be governed by and construed in accordance with the laws of the State of Ohio. All users expressly agree that the exclusive jurisdiction of any claim or action arising out of or relating to these terms and conditions or any use of this website shall be filed only in the state or federal courts located in the courts of Cuyahoga County and the State of Ohio.

Severability and Integration

Unless otherwise specified herein, the terms and conditions stated above constitute the entire agreement between the user and Healthier Life HRA with respect to Healthier Life HRA and this website and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between the user and Healthier Life HRA with respect to Healthier Life HRA and this website. If any part of the terms and conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Healthier Life HRA Services

At this time, we anticipate that Healthier Life HRA will provide the following services:

• Ability to answer questions about your health.
• Ability to receive a report based on your answers and population health statistics.
• Ability to print or e-mail your report.
• Links to other sites that will provide you health information.

Other services may be added as Healthier Life HRA continues to develop and implement Healthier Life HRA.

A Reminder of Healthier Life HRA USER RESPONSIBILITIES (PLEASE READ CAREFULLY)

I understand that Healthier Life HRA is intended as a secure online source of confidential medical information. If I share my Healthier Life HRA ID and password with another person, that person may be able to view my or the patient’s health information, and health information about someone who has authorized me as a Healthier Life HRA proxy.

I understand that my activities within Healthier Life HRA may be tracked electronically and that entries I make may become part of the medical record.

I understand that access to Healthier Life HRA is provided by Healthier Life HRA as a convenience to its patients and that Healthier Life HRA has the right to end access to Healthier Life HRA at any time, for any reason, including any misuse of Healthier Life HRA by me (or my proxy).

I understand that access to Healthier Life HRA does not grant me or my proxy any right, license or interest in Healthier Life HRA's proprietary or confidential information or property and that I am not permitted to use, reproduce or distribute (e.g. cut and paste) any intellectual property of Healthier Life HRA or any third party contained on this website or in my Healthier Life HRA medical record. For example, I understand that I am not permitted to copy any of the pages/screens of Healthier Life HRA and paste them elsewhere as this would be an inappropriate use of Healthier Life HRA’s proprietary rights and the proprietary rights of other third parties.

I understand that my use of Healthier Life HRA is voluntary and I am not required to use Healthier Life HRA or to authorize a Healthier Life HRA proxy.

If I designate a proxy, I understand that it is my responsibility to contact Healthier Life HRA and tell them that I am revoking the proxy status when I no longer want the person I designated to have access to my Healthier Life HRA information.

I must provide Healthier Life HRA with a valid email address and update Healthier Life HRA if I change my email account. Healthier Life HRA may send me emails to my personal email address to notify me of changes. Messages sent via my personal email will not contain personal health information; however, I understand that any person with access to my personal email account will be able to see these messages.

Healthier Life HRA takes no responsibility for erroneous medical information provided through Healthier Life HRA.

I understand that I may not transmit any information or message that contains unlawful, threatening, fraudulent, libelous, defamatory, obscene or abusive information or language. Healthier Life HRA may not be used for any illegal or unethical activities. Hacking, attempted access or other forms of inappropriate access or attempted access to unauthorized areas or information on this site will lead to termination of use and potential legal prosecution.

CONFIDENTIALITY

Both Federal and Ohio laws govern the confidentiality of medical information. Healthier Life HRA is dedicated to keeping your medical information confidential. Our employees are subject to strict policies and standards on maintaining your confidentiality. By allowing you access to your medical information you must share in this responsibility. Please read Healthier Life HRA's Notice of Privacy Practices for more information.

Minor Ineligibility

An individual must be age 18 or older to request a personal account

Proxy Access

Individuals age 18 or older may request proxy access to another individual's Healthier Life HRA account by requesting that the patient complete the Proxy Access Consent Form and submitting it to Healthier Life HRA. Such access will only be granted to parties with parental rights or legal guardianship over the Healthier Life HRA account holder and only to the extent that the party seeking proxy access can demonstrate the legal right to the account holder's medical information. A Healthier Life HRA account will be activated for both the proxy and the account holder. If the proxy's legal relationship with the account holder changes, the account holder must inform us immediately by calling or sending written notice. Healthier Life HRA reserves the right to revoke proxy access at any time for any reason.

Deactivation

In addition to the deactivation terms set forth above, Healthier Life HRA access and/or Proxy access may be deactivated, in the sole discretion of Healthier Life HRA or at the request of the account holder. The following is a list of reasons which will result in deactivation. This list is not an all-inclusive list and each circumstance will be evaluated individually.

• No longer a patient for that practice/physician
• Automatic system deactivation will occur after a number of failed login attempts to access the secure portion of the Healthier Life HRA system
• Inappropriate use of website
• Abuse of proxy access
• Pending legal issues with patient or direct family
• Poor response to training
• Inability to use features without constant assistance

You understand that not all of your Healthier Life HRA information may appear on your Healthier Life HRA report. Healthier Life HRA reserves the right in the future to charge a fee for the use of Healthier Life HRA. In the event that Healthier Life HRA chooses to charge a fee, you will be notified of this change and asked to re-apply if you agree to the fee and wish to continue with this service.

Discontinuing Use of Healthier Life HRA

You can discontinue your use of Healthier Life HRA at anytime by contacting Healthier Life HRA Technical Support.