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 Healthy Life HRA. Please read carefully the following terms and conditions before using Healthy Life HRA. In order to obtain access to Healthy Life HRA, you are required to acknowledge that you have read these terms and conditions and agree to them.

The developers and distributors of Healthy 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 Healthy Life HRA website.

These Terms and Conditions apply to current and future installations of Healthy 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 Healthy 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 Healthy Life HRA Healthy 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 Healthy Life HRA that contain health information are subject to state and federal laws governing the security and confidentiality.

Use/Access

Healthy 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 Healthy 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 Healthy Life HRA is not meant to replace proper medical attention. The information displayed in Healthy 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.

Healthy 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 Healthy Life HRA at any particular time.

The information you submit to Healthy 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

Healthy Life HRA access is granted for the purpose of furthering your medical care. Use of Healthy 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. Healthy Life HRA reserves the right, in its sole discretion, to deactivate or terminate a user's access to all or part of the Healthy Life HRA website, with or without notice.

Healthy Life HRA ID and Password

You may be provided with an access code when you initially enroll in Healthy Life HRA. You can use the access code that is given to you to create a unique personal login name (called the "Healthy 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 Healthy Life HRA. They are unique and they identify you in the Healthy Life HRA system. Any inquiries and entries you make in Healthy 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. Healthy Life HRA is not responsible for breaches in security caused by your failure to properly manage the secured access to your Healthy Life HRA account. You may change your password at any time. You may do so by logging into Healthy Life HRA, choosing "Healthy 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 Healthy Life HRA application with your medical record.

Secure Communications

Communications between you and the Healthy 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 Healthy Life HRA account and is protected and securely maintained by your provider or another entity administering the HRA.

Although Healthy Life HRA is configured to be secure from unauthorized access, Healthy 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 Healthy 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 Healthy 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 Healthy Life HRA

Intellectual Property Rights

The content and material available on the Healthy 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 Healthy 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 Healthy 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 Healthy Life HRA, its affiliates and subsidiaries, and/or any third-party owner of such rights. You may not create framed links to the Healthy Life HRA website without the express written permission from Healthy Life HRA and any applicable third-parties.

Healthy Life HRA, the names, logos and all related product and service names, design marks and slogans are the trademarks or service marks of Healthy Life HRA, its subsidiaries and affiliates, and/or any third-party owner of such rights. You are not authorized to use any Healthy Life HRA names or marks in any advertising, publicity or in any other commercial manner without the prior written consent of Healthy 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

Healthy Life HRA makes no representations or warranties about the suitability of the Healthy Life HRA website materials for any purpose. The materials on Healthy 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. Healthy 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 HEALTHY 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. Healthy Life HRA may make any changes to these materials, or the products and services described within these materials, at any time without notice. Healthy 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 Healthy Life HRA any confidential proprietary information. Any feedback, data, answers, questions, comments, suggestions, ideas or the like which are sent to Healthy Life HRA will be treated as being non-confidential and nonproprietary. Any such information provided may be reproduced, used and distributed by Healthy Life HRA for any purpose without restriction.

DISCLAIMER FOR INFORMATION PROVIDED ON LINKS TO OTHER SITES

I understand that Healthy Life HRA may provide links or reference to other sites but Healthy 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 Healthy 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 Healthy Life HRA with respect to Healthy Life HRA and this website and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between the user and Healthy Life HRA with respect to Healthy 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.

Healthy Life HRA Services

At this time, we anticipate that Healthy 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 Healthy Life HRA continues to develop and implement Healthy Life HRA.

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

I understand that Healthy Life HRA is intended as a secure online source of confidential medical information. If I share my Healthy 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 Healthy Life HRA proxy.

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

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

I understand that access to Healthy Life HRA does not grant me or my proxy any right, license or interest in Healthy 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 Healthy Life HRA or any third party contained on this website or in my Healthy Life HRA medical record. For example, I understand that I am not permitted to copy any of the pages/screens of Healthy Life HRA and paste them elsewhere as this would be an inappropriate use of Healthy Life HRA’s proprietary rights and the proprietary rights of other third parties.

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

If I designate a proxy, I understand that it is my responsibility to contact Healthy 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 Healthy Life HRA information.

I must provide Healthy Life HRA with a valid email address and update Healthy Life HRA if I change my email account. Healthy 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.

Healthy Life HRA takes no responsibility for erroneous medical information provided through Healthy 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. Healthy 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. Healthy 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 Healthy 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 Healthy Life HRA account by requesting that the patient complete the Proxy Access Consent Form and submitting it to Healthy Life HRA. Such access will only be granted to parties with parental rights or legal guardianship over the Healthy 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 Healthy 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. Healthy 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, Healthy Life HRA access and/or Proxy access may be deactivated, in the sole discretion of Healthy 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 Healthy 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 Healthy Life HRA information may appear on your Healthy Life HRA report. Healthy Life HRA reserves the right in the future to charge a fee for the use of Healthy Life HRA. In the event that Healthy 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 Healthy Life HRA

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