Wellmark, Inc. and its affiliates (collectively, “Wellmark”) owns and operates this site (“Site”). All information, text, graphics, logos, images, audio clips, digital downloads, data compilations, indexes, desktop tools, software, and other material, services or content that make up this Site ("Materials"); the selection, arrangement, and presentation of all Materials; and the overall design of this Site are the property of Wellmark (Copyright © 1997-2011 Wellmark, Inc. All rights reserved) or Wellmark’s suppliers that provide parts of this Site (“Licensors”). By using this Site, you signify your agreement to these terms and conditions of use (“Terms and Conditions”). You must agree to these Terms and Conditions in order to use this Site. Please read this document carefully. If you do not agree to all of the Terms and Conditions of this agreement, please do not use this Site. These Terms and Conditions are in addition to, and not in limitation of, the provisions of any other agreement you may enter into with Wellmark or a Licensor. No content on this Site is intended to replace or amend language for coverage that you may have with Wellmark. You should always consult your benefit brochure and contract for details about what your health plan covers.
No Materials from this site may be reproduced, modified, republished, transmitted, displayed, performed, or distributed in any way, except for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Any other use of the Materials for any other purpose is a violation of these Terms and Conditions and Wellmark or its Licensors’ copyright, trademark, and other proprietary rights. Use of any such Material on any other website or networked computer environment is prohibited. You may cite or refer to the URL of this Site without limitation.
All trademarks, service marks, and trade names appearing in this Site are the property of their respective owners. Any rights not expressly granted in these Terms and Conditions are reserved.
This Site and its services are for consumer educational use only. This Site does not provide medical advice and neither the information available on this Site nor any responses to your questions, if any, shall create a physician- patient relationship or constitute the practice of medicine. The information available on this Site and from any linked sites should not be used as a substitute or supplement for professional medical advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. If you think you have a medical emergency, call your doctor or 911 immediately. Wellmark does not recommend or endorse any specific medical tests, health care providers, products, procedures, opinions, or other information that may be mentioned on this Site.
When undertaking any exercise activity, there is a risk of injury. Although we try to outline safe and effective methods of fitness training, we cannot prevent injuries from occurring. You should consult your physician before beginning any exercise program. You should be healthy and familiar with the proper form, techniques, and preparation for the exercises you undertake and the equipment you use. Always use safe techniques and protective equipment when engaging in exercise. If you are unfamiliar with the proper and safe techniques and equipment for the exercises you intend to perform, please seek advice and assistance before performing them. Consult with your physician or health care provider prior to beginning any exercise program. Discontinue exercising if you experience any light headaches, dizziness, shortness of breath, or discomfort and consult your physician or other health care provider. Wellmark and its Licensors are not responsible or liable for any injury that may result from the use of Wellmark or Licensor training programs. By using this site, you agree to accept all risks associated with the Wellmark programs described herein and that you will not hold Wellmark or licensors liable for any injury that may occur.
We understand and respect your concern about the privacy of information. We recognize your need for protection and management of personally identifiable information you share with us. We want you to feel comfortable entrusting us with this data. We have developed a Notice of Website Privacy Practices and Security Statement that are in use for the protection of the information you provide to Wellmark. By agreeing to these Terms and Conditions, you agree that you have read and understand these statements.
You have been provided access to this Site through your coverage with Wellmark for a limited time period dependent upon the nature of the agreement you, your employer, health plan, or sponsoring organization has entered into with Wellmark. In the event that you no longer have coverage with, or administrative services provided by, Wellmark, your access to this Site may be terminated or restricted without notice.
Wellmark and its Licensors provide interactive areas (“Interactive Areas”) on this Site. If you use an Interactive Area, you are solely responsible for your own communications and the consequences of posting those communications. Wellmark and its Licensors do not assume any responsibility for the consequences of any Interactive Area communications on or arising from use of the Site. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
In consideration of being allowed to use the Interactive Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
Wellmark and its Licensors reserve the right to record the dialogue in Interactive Areas. Wellmark and its Licensors do not screen communications in advance and are not responsible for screening or monitoring material posted by users or any other person or entity. If notified by a user of communication(s) which are alleged not to conform to these Terms and Conditions, Wellmark and its Licensors may investigate the allegation and determine in its sole discretion to remove or request the removal of the communication(s). Wellmark and its Licensors reserve the right to remove communications that are abusive, illegal, disruptive, or that otherwise fail to conform with these Terms and Conditions. In addition to the removal rights described above, Wellmark and its Licensors reserve the right to terminate a user's access to any or all Interactive Area upon such user's breach of these Terms and Conditions. Wellmark and its Licensors reserve the right (but is not obligated) to edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards for content.
Furthermore, Wellmark and its Licensors reserve the right (but is not obligated) to monitor, edit, or disclose any type of posting on the Interactive Areas for adherence to the Terms and Conditions, if required in the course of normal operation and maintenance of the Site, or if required to do so by law or in the good-faith belief that such action is necessary to: (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of Wellmark or others; or (iii) act in an emergency to protect the personal safety of our members, guests or the public. Wellmark and its licensors have no liability or responsibility to users of this site or any other person or entity for performance or nonperformance of the aforementioned screening activities.
Wellmark and its Licensors do not represent or guarantee the truthfulness, accuracy, or reliability of any of the material posted by Interactive Area users, or endorse any opinions expressed by such users. Any reliance on content posted in an interactive area is at your own risk.
All users of this Site represent and warrant that they are at least 18 years of age and that they possess the legal right and ability to agree to these Terms and Conditions and to use this Site in accordance with these Terms and Conditions. If you have a unique user identifier and/or password to access secure areas, you are responsible for protecting the identifier and/or password and for any unauthorized use by others, with or without your permission. In addition, you agree to immediately notify Wellmark of any unauthorized use of your password or other security measure. Some Interactive Areas of this Site may allow users to post or to send materials or information ("User Content") or to access or use User Content posted or emailed by other users of this Site. You grant Wellmark and its Licensors the unrestricted right to use or distribute, free of charge, any User Content posted by you on this Site. You acknowledge that you are responsible for deciding whether to post to this Site and understand that the information posted will be visible to other users, members and providers. The information posted by users is not subject to any privilege and, if your post constitutes defamation, contains confidential information or otherwise violates the law or the rights of a third party, you may be legally responsible for damages. Wellmark and its Licensors have no responsibility and assume no liability for User Content posted by any party. Users understand that Wellmark cannot control how user information is used or ensure that it will only be used within the Site. As a result, you release Wellmark and its Licensors from any liability arising from your User Content, including but not limited to the unauthorized use of your User Content outside this Site.
Wellmark may decide to review certain uses of this Site and to examine supporting documentation, records and associated information regarding the use of this Site. Wellmark shall conduct such audits during normal business hours at any premises where functions are being performed and information accessed under these Terms and Conditions. Users of this Site shall cooperate with any such audits.
This Site contains advertisements by third parties, and these advertisements may contain links to other websites. Unless otherwise specifically stated, Wellmark does not endorse any product or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on this Site.
Use of the Internet is solely at your own risk and is subject to all applicable state, national and international laws and regulations. Neither Wellmark nor its affiliates or Licensors will be liable for any loss resulting from a cause over which they do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
Wellmark manages and protects your personal information in accordance with applicable laws and established company privacy and security standards and practices. For more information about privacy and security, please visit our online Notice of Web-site Privacy Practices and Security Statement set forth in this Site.
Wellmark and its Licensors reserve the right to modify, suspend, or discontinue any portion of the Site, Materials, or services provided in connection with this Site at any time, with or without notice. Wellmark reserves the right to modify any part of these Terms and Conditions at any time. Any modifications shall be effective upon posting to the site. You agree to review these Terms and Conditions periodically so that you are aware of any such modifications. Your continued use of the Site after any such modifications have been posted shall be deemed to be your acceptance of any modifications to the Terms and Conditions. If at any time the Terms and Conditions are not acceptable to you, you should immediately cease use of the Site. You agree that the above-stated standard for notice of modifications is reasonable.
Use of this site is entirely at your own risk. Neither Wellmark nor its affiliates or licensors are responsible for the consequences of reliance on any information contained in or submitted to the site, and the risk of injury from the foregoing rests entirely with you. The site, the materials it contains, and any Wellmark product or service provided on or in connection with the site are provided on an “as is, as available” basis without warranties of any kind. To the fullest extent permissible under applicable law, Wellmark and its licensors disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and implied warranties arising from course of dealing or course of performance. Wellmark and its licensors do not warrant that this site or the server that makes it available is free of viruses or other harmful components. You, the user, assume the entire cost of all necessary servicing, repair, or correction.
Wellmark and its licensors make no representations or warranties regarding (1) the currency, correctness, completeness, reliability, suitability, availability, or operation of the site, materials, products or services; (2) your use of the site, materials, products or services; or (3) any third party products and services you may obtain or any third party website you may access through this site. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.
In no event will Wellmark, its providers, suppliers, or licensors, or their respective officers, directors, employees, agents, and affiliates, and each of them, be liable for any direct, indirect, special, or consequential damages arising out of or related to the use of, delay in being able to use, or inability to use, this site, the materials, products and services it provides, or any other hyperlinked website or any third party products or services regardless of legal theory, even if Wellmark, its providers, suppliers, or licensors, has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you. Under no circumstances will the total liability of Wellmark to you exceed the price paid by you for your use of the site.
You agree to defend, indemnify, and hold harmless Wellmark and its Licensors, their affiliates, subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorneys’ fees and litigation expenses) relating to or arising from your use of the Site, or products or services provided by Wellmark or its Licensors, any third party products or services, your infringement, violation, or misappropriation of any third-party rights or any applicable law or regulation, or any breach by you of these Terms and Conditions.
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Iowa, without reference to its choice of law rules. By accessing, viewing, or using the material on the Site, you consent to the jurisdiction of the federal and state courts presiding in Des Moines, Iowa, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by Wellmark from its offices within the United States. Wellmark makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so at their own volition and are responsible for compliance with applicable local laws. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to its conflicts of law principles. Wellmark’s performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions shall derogate Wellmark’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Wellmark with respect to such use. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein, and replace all prior or contemporaneous communications, oral or written.