FXWell Terms of Use

Effective Date: 12/1/14
Revised Date: 12/1/16

Overview

FX Well a health and wellness management solution which gives you a secure way to communicate with your wellness team. FX Well is governed by these Terms of Use (Terms). If you do not agree to these Terms, you may not establish a FX Well account. By using or accessing FX Well you agree to be bound by these Terms.

Creating and Accessing FX Well

You must be at least 18 years old to establish a connection to FX Well. You may not permit any other person to access FX Well using your user name and password, and the use of your account is your responsibility. If you learn or suspect that your user name or password has been wrongfully used or disclosed, you should promptly notify us and immediately reset your password. To help ensure the security of your password or account, please sign out of your account at the end of each session.

Maintaining Another Person's Connection If you are legally authorized to view another person's health and wellness information, you may be given access to FX Well for that person, subject to these Terms. Various federal and state regulations may prohibit sharing certain categories of sensitive information with anyone other than the subject person. Many such regulations prohibit sharing sensitive information about minors with their parents or legal guardians. As such, we may restrict your access to the other person's sensitive information and not make it available to you through FX Well.

Proxy Use of [Client or Wellness Program Name] You may also authorize a proxy(ies) to view and interact with FX Well based on the specific privileges you've assigned. You may authorize any person who qualifies for a FX Well account, including a minor, to be a proxy. If you have agreed to allow a minor to be a proxy, you agree that you shall be solely responsible for: (a) acceptance of these Terms on the minor's behalf, (b) the minor's compliance with these Terms, (c) the on-line conduct of such minor; (d) monitoring such minor's access to and use FX Well; and (e) the consequences of such minor's use. Access or privileges you give to someone can be modified or removed by you at any time, for any reason.

If you share information from FX Well with another individual, you acknowledge and accept responsibility for your decision to provide them access to potentially sensitive information.

Disclosure of Information

We may, in our sole and reasonable discretion, disclose any information necessary to satisfy applicable law, regulation, legal process or governmental request. Rights to De-identified Information By using FX Well you consent to us using "de-identified" data available in your [Client or Wellness Program Name] account for any purpose permitted by law, including, without limitation, (i) analysis and incorporation of the de-identified data in research, databases, reports, comparative data sets, scores, or scoring systems generated there from; and (ii) creation and distribution of works and derivative works based on the de-identified data. Privacy You agree to the terms and conditions of the FX Well Privacy Policy, which is incorporated into and made part of these Terms.

Third Party Programs, Activities and Services We may make certain programs, activities or services (collectively, "Programs") available to you through the FX Well. If such Programs are offered by us, we will provide you with any terms and conditions related to the Program prior to your enrollment in it. The terms and conditions of such Programs shall prevail in the event of a conflict with these Terms. FX Well does not endorse any Programs offered by third parties. We make no warranty of any kind as to the accuracy, completeness or appropriateness of any such Programs. Contests and Competitions You may be allowed to participate in certain contests or competitions through FX Well. Unless otherwise specifically stated, such contests and competitions are not sponsored by us and we are not responsible for the administration or adjudication of them or for providing any prizes or other awards in connection with them. The sponsor, or "commissioner", of the contest or competition will provide you with the rules, which may also be displayed within FX Well. Content You may have access to certain healthcare informational resources (the "Content") on FX Well. The Content is provided to you "as is" with no representations or warranties. The Content is intended for use by consumers in the United States only. eVisits Certain health care providers with whom you have connections may offer medical consultation through electronic visits (eVisits). If you initiate an eVisit with a participating provider, you represent that you meet all applicable criteria for the eVisit, as defined during the eVisit process. Information you provide to your health care provider during an eVisit must be true, accurate and complete. We will not be responsible for any false or misleading information you provide, or other misrepresentations you make, during your eVisit. Condition Management and Wellness Programs You may be able to participate in certain condition management and wellness programs offered by us that are delivered to you through FX Well. FX Well has certain tools that use information contained in your FX Well account to tailor the delivery of a condition management program or wellness program to you. You consent to sharing the information from your record with these tools. Personally identifiable information from your record that is used to create your personalized program will not be shared with the program’s sponsor, unless you have otherwise agreed. However, we may share information that is specifically related to and provided as a result of your participation in the condition management or wellness program(s) with the program’s sponsor, but only as allowed by applicable law. No Medical Advice FX Well is an information management tool only. We do not provide medical advice. You and your healthcare provider are responsible for all medical treatment decisions. You should consult your healthcare professional about any questions you may have regarding the information provided by FX Well. External Links In order to provide you with greater value, FX Well may provide you with links to various third party Web sites. Even if a third-party affiliation exists between us and that destination site, we exercise no authority over linked sites, each of which maintains independent privacy and data collection policies and procedures. We assume no responsibility or liability for these independent methods or actions and are not responsible for the independent policies or procedures of destination sites. Similarly, we cannot take responsibility for the privacy initiatives or the content of such Web sites. These destination links are provided only for your convenience, and as such, you access them at your own risk.

No Warranties; Limitation of Liability You are responsible for any acts or omissions relating to your use of FX Well and for any damages incurred as a result thereof. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NOT REPRESENTED FX Well AS HAVING THE ABILITY TO DIAGNOSE DISEASE, PRESCRIBE TREATMENT, OR PERFORM ANY OTHER TASKS THAT CONSTITUTE THE PRACTICE OF MEDICINE OR OF OTHER PROFESSIONAL OR ACADEMIC DISCIPLINES. FX Well IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DO NOT, AND OUR SUPPLIERS DO NOT, (I) WARRANT THE RELIABILITY OR AVAILABILITY OF FX Well , OR (II) GUARANTEE THAT FX Well WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT DEFECTS WILL BE CORRECTED. WE AND OUR SUPPLIERS EACH DISCLAIM, TO THE EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS AND IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISLAIM ON BEHALF OF US AND OUR SUPPLIERS, ALL RESPONSIBILITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, AND LOST PROFITS, REVENUES OR DATA.

IF YOU ARE DISSATISFIED WITH FX Well , OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING FX Well.

Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US AND OUR SUPPLIERS HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES, AND EXPENSES ARISING OUT OF OR RELATED TO YOUR USE OF FX Well. Termination FX Well services may terminate at any time. Your account access may be terminated, suspended or deleted, at any time and for any reason, without providing notice to you.

No Unlawful or Prohibited Use You may not use FX Well for any purpose that is unlawful, immoral or is otherwise prohibited by these Terms. You may not use FX Well in any manner which could damage, disable, overburden, or impair FX Well or interfere with any other party's use and enjoyment of FX Well. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided to you through FX Well.

Notices We may deliver notice to you by means of electronic mail, a general notice on our website, or by written communication delivered by first class U.S. mail to your address in our records.

General These terms are governed by the laws of the state of Missouri. Any cause of action or claim you may have with respect to FX Well must be commenced within one (1) year after the claim or cause of action arises. Our failure to enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. We may assign our rights and duties to any party at any time without notice to you, and may provide services to you though our business partners and suppliers. Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these terms is in derogation of our obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of FX Well or information provided to or gathered by us with respect to such use. If any part of these Terms is determined to be invalid or unenforceable then the invalid or unenforceable provision shall be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. Unless specified otherwise as you use FX Well , these Terms constitute our entire agreement with respect to FX Well and these Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between us with respect to FX Well.

Modification of Terms We may change these Terms at any time without advance notice to you. You are responsible for regularly reviewing these Terms. Your continued use of FX Well constitutes your acceptance of the revised Terms.

Copyright and Trademark Notices All contents of the FX Well website is: Copyright 2017, FX Well, Inc. All rights reserved. All content found on the FX Well website contains the valuable properties of FX Well embodying substantial creative efforts, no part of which may be reproduced or transmitted in any form or by any means, or retained in any storage or retrieval system, without the express written permission of FX Well. Any rights not expressly granted herein are reserved.