Terms and Conditions

MEDIKEEPER TERMS AND CONDITIONS

Last Updated: February 2024 

1. MediKeeper’s Service

MediKeeper provides employee and member portals to employers, health plans and wellness companies so that they may provide their employees or members with online health and wellness portals. As an eligible employee or member (hereinafter referred to as a “user”), you will have access to various health and wellness tools such as a Health Assessment, My Tracker, Plans for Wellness, and other applications that OUR CLIENT has chosen to make available to you. The PORTAL allows you to store, view, edit, retrieve, and manage your personal health information. The service is internet-based and allows you to have access to your personal health records anywhere, anytime. MediKeeper is committed to the highest levels of security and privacy.

 

2. Availability of PORTAL

The PORTAL will be available to you for as long as OUR CLIENT maintains a business relationship with MediKeeper. If OUR CLIENT terminates the business relationship with MediKeeper, or MediKeeper terminates the business relationship with OUR CLIENT for any reason, you will no longer have access to the portal, or the information contained within it.

You agree that MediKeeper may modify or discontinue the provision of the PORTAL, with or without notice to you. You agree that MediKeeper, Inc. will not be liable to you or any third party as a result of such modification or discontinuation.

 

3. Obligations of the User

MediKeeper and OUR CLIENT would like to make you aware of the following information and your obligations:

  • While MediKeeper makes every effort to ensure that the medical information and references used within the PORTAL is correct and up to date, the PORTAL does not offer medical advice and is not intended to replace the advice you receive from your own doctor. If you have any questions or concerns about the information contained within the PORTAL, you should consult your doctor.
  • The performance and loading times of the PORTAL are dependent upon many things that are not in the control of MediKeeper or OUR CLIENT including your own network performance, the age and performance of your PC, laptop, tablet, or mobile device, and the availability of internet connectivity.
  • MediKeeper is not responsible for supplying any of the equipment or networks required to receive the PORTAL. This remains the responsibility of the user and/or OUR CLIENT.
  • The information you provide and enter into the PORTAL or that may be imported into the PORTAL from approved and authorized third parties may contain sensitive and personal health information. You should always log out of the PORTAL after each session to prevent unauthorized persons gaining access to your information.
  • When you register as a user for the PORTAL, you will be asked to provide a username and password which you will then use to login each time you wish to view the PORTAL. It is important that you protect the access to your personal health information by not sharing your username and password with anyone, and do not write this information down in a place where someone may easily find it. MediKeeper cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
  • You agree to immediately notify MediKeeper of any unauthorized use of your password or account or any other breach of security.
  • You are responsible for the accuracy of the information you enter the PORTAL. If you enter incorrect information, deliberately or by accident, you may compromise the accuracy of the results and information you may view in the PORTAL.
  • You are responsible for keeping the information within the PORTAL up to date. Some of your results and information are related to dates and times, and for the results to be meaningful, it is important that they are calculated based upon the most up to date information.

 

4. Privacy Policy

MediKeeper does not provide any information to OUR CLIENT about any individual or their personal health information. However, MediKeeper does provide OUR CLIENT with de-identified and aggregated reports that show the health of the overall population. Although this information contains nothing that can identify the information as belonging to any one individual, the PORTAL does provide administrators of OUR CLIENT with the ability to send targeted messages to groups and individuals who meet certain criteria or health conditions. The administrator will never know the identity of the people to whom these messages are sent.

Only you are authorized to make your personal health information available to others. You can provide access to a family member, a caregiver, or a doctor through the “Sharing and Permissions” function within the PORTAL. You will also be asked to give your permission to access your information in the PORTAL to Coaches from Coaching Companies who may have been contracted by OUR CLIENT to provide you with coaching services. This may be a requirement for you to have access to such coaching services.

Please view our full Privacy Statement, which can be accessed through the clickable link in the footer section of the site.

 

5. Social Features

The purpose of the social elements of the PORTAL is to allow participation in activities, challenges, and communities that may be of an individual or a team basis, and to allow social interaction within and between teams and participants.

As with the PORTAL, you must be a minimum of 16 years old to use the social elements offered as part of the PORTAL.

As a registered participant, you agree that:

  • You meet the minimum age requirement to participate in Social Challenges and Social Circles.
  • You will adhere to the following rules of conduct:
  • You will be solely responsible for all interactions with other participants and team members when using the social elements of the PORTAL.
    • You will not post offensive, abusive, defamatory, profane, threatening racial, illegal, or inappropriate material that violates another party’s rights or privacy.
    • You will not encourage or participate in any material or activity that promotes physical or mental abuse, harassment, or illegal actions.
    • You will not engage in the promotion or advertising of any products or services through the PORTAL or add links to commercial entities for the purposes of buying or selling products or services through the PORTAL.
    • You will use the social elements of the PORTAL solely for the purpose for which they were intended.
    • You will not publish or display any links to malicious software, malware, spyware, or any other software that may create a security breach.
    • You will not publish any material that infringes upon another party’s intellectual property, trademark, or copyright.
    • You will be solely responsible for all information and material you publish, display, or otherwise communicate in any manner on the social elements of the PORTAL.
    • You will keep your username and password confidential and not allow any other person to enter information in the social elements of the PORTAL on your behalf.
    • You will not provide inaccurate, false, or misleading information to OUR CLIENT or attempt to create any advantage to yourself by manipulating or altering any other person’s data.
    • You will participate in the social elements of the PORTAL only if your current state of health allows you to safely participate, and that if you have any questions regarding your suitability for participation, you will consult with your doctor prior to registering for a program or challenge.
    • You acknowledge that if your posts are deemed by the administrators, in their sole view, to breach any of the conditions mentioned above, that they have the right to remove or hide the post at any time.

 

Use of Information

MediKeeper and OUR CLIENT take the protection and privacy of your information very seriously and will take all reasonable commercial precautions to protect your information as detailed in the Privacy Statement. In accepting these terms and conditions, you agree to the terms set forth in the Privacy Statement about how we collect, use, or report your information.

Any data collected as part of your participation in the Social Challenges Program and reported to OUR CLIENT will be de-identified and aggregated to protect your identification. However, you should be aware that:

  1. Unless you have selected only to use a nickname and avatar, your name may appear on social posts, challenge progress and results, or challenge leaderboards. The use of a nickname and avatar does not ensure that your identity will not be able to be associated with you.
  2. Participation in certain Wellness Challenges and Social Circles may result in sharing of personal health information (PHI), for example, your weight in a weight loss challenge. This PHI may be shared with other participants, teammates, and/or administrators. The use of a nickname and avatar does not ensure that your identity will not be able to be associated with your PHI.

 

6. User Account, Password, and Security

You will enter a username and password when completing the registration for the PORTAL. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.

 

7. Disclaimer of Warranties by MediKeeper

You acknowledge that information contained within the PORTAL will be transmitted over local exchange, interexchange, and Internet backbone carrier lines and through routers, switches, and other devices, all of which are beyond the control and jurisdiction of MediKeeper. MediKeeper assumes no liability for or relating to the delay, failure, or interruption of any data or other information transmitted in connection with use of the MediKeeper site.

WITHOUT LIMITING THE FORGOING, EVERYTHING ASSOCIATED WITH THE PORTAL IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” 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 NON-INFRINGEMENT. MEDIKEEPER MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MEDIKEEPER MATERIAL, SOFTWARE TEXT, GRAPHICS, AND LINKS OR RESULTS TO BE OBTAINED FROM THE PORTAL.

YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT AND DISSEMINATION OF YOUR PERSONAL HEALTH RECORD. MEDIKEEPER DOES NOT IN ANY WAY EDIT, REVIEW, OR AUTHORIZE THE RELEASE OF YOUR ONLINE MEDICAL RECORD, EXCEPT AS PROVIDED IN THESE TERMS AND CONDITIONS OF USE OR THE MEDIKEEPER PRIVACY STATEMENT OR AS REQUIRED BY FEDERAL OR STATE LAW. MEDIKEEPER IS NOT LIABLE FOR ANY INACCURACY, OMISSION, OR ERROR IN YOUR ONLINE PERSONAL RECORD OR OTHER ONLINE INFORMATION.

WITHIN THE PORTAL, YOU MAY BE OFFERED LINKS TO OTHER SITES OPERATED BY PARTIES OTHER THAN MEDIKEEPER. THE INCLUSION OF ANY LINK TO SUCH SITES DOES NOT IMPLY ENDORSEMENT BY MEDIKEEPER OF THE SITES. MEDIKEEPER HAS NOT REVIEWED ALL OF THE SITES AVAILABLE WITHIN THE PORTAL AND IS NOT RESPONSIBLE FOR THE CONTENT OR ACCURACY OF ANY OFF-SITE PAGES OR ANY OTHER SITES LINKED TO THE PORTAL. BY SELECTING ANY OF THESE LINKS TO ANY OTHER OFF-SITE PAGES OR OTHER SITES, YOU ACKNOWLEDGE THAT THIS IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE OF THOSE SITES.

 

8. Limitations of Liability

IN NO EVENT SHALL MEDIKEEPER, ITS SUPPLIERS OR ANY THIRD PARTIES BE LIABLE FOR ANY COSTS, DAMAGES, AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE PORTAL, THE CONTENT OF THE PORTAL, OR ANY OTHER MEDIKEEPER SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MEDIKEEPER IS ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. MEDIKEEPER SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU. BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

 

9. Indemnification

You agree to defend, indemnify, and hold MediKeeper, its officers, directors, employees, and agents, licensors, and suppliers harmless from and against any claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees resulting from, or alleged to result from, your use of the PORTAL or any other MediKeeper Service in a manner that violates or is alleged to violate these Terms and Conditions of Use. MediKeeper shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit, or proceeding.

 

10. Force Majeure

MediKeeper’s failure to perform any term or condition of this Agreement because of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, shall not be deemed a breach of this Agreement.

 

11. Acceptance of these Terms and Conditions

You must agree to these terms and conditions to have access to the PORTAL.