PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE

By accessing or using the Keepingyouhealthy.com web site (the “Site”), you agree to comply with and be bound by the following terms Terms and Conditions of Use (“Terms of Use”).  IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT USE THE SITE.

Tufts Associated Health Plans, Inc. (“Tufts Health Plan”) may revise and update these Terms of Use at any time, and your continued use of the Site will mean you accept those changes.

Disclaimer
Tufts Health Plan makes no representation or guarantee that the content on the Site is accurate, complete or timely, and reliance on any information within the content or provided on or through the Site is solely at your own risk.  You assume full responsibility for using the information on the Site.

The Site may provide health-related information, none of which is intended to be specific to your medical condition.  The health-related information and resources on this Site are made available to you solely for informational purposes. It does not constitute medical advice and is not intended to be a substitute for professional medical care. Nothing on this Site is intended to be used for medical diagnosis or treatment. Always consult your health care provider regarding any health or medical condition and before beginning any new treatment, exercise, or nutrition regiment. If you are ill or need immediate medical care, please contact your health care provider or, in an emergency, call 911 or go to the nearest medical facility.

The mention of specific products or services on this Site does not constitute or imply a recommendation or endorsement by Tufts Health Plan, unless it is explicitly stated.  The views and opinions of authors do not necessarily state or reflect those of Tufts Health Plan.

The site and the content are provided on an “as is” basis.  Tufts Health Plan, its officers, directors, employees, agents, subsidiaries, affiliates, vendors, licensors, and suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.  Without limiting the foregoing, Tufts Health Plan, its officers, directors, employees, agents, subsidiaries, affiliates, vendors, licensors, and suppliers make no representations or warranties about the accuracy, reliability, completeness, relevance, timeliness or appropriateness for a particular purpose of the content, links, information, services, or products provided on or through the site.  Information on the site may be updated at any time and without notice.

Limitation of Liability
In no event shall Tufts Health Plan, its officers, directors, employees, agents, subsidiaries, and affiliates be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever resulting from any loss of use, loss of profits, litigation, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability, or otherwise, arising out of or in any way connected with this site or the provision of or failure to make available any such products, goods, or services, even if advised of the possibility of such.

Indemnity
You agree to defend, indemnify and hold Tufts Health Plan and its officers, directors, employees, agents, subsidiaries and affiliates harmless from any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses) arising out of or relating to your use of the Site or your violation of these Terms of Use.

Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and any applicable federal law.  You expressly agree to the jurisdiction of the Commonwealth of Massachusetts as the exclusive forum in connection with any dispute relating to your use of the Site, content, services or products provided on or made available through the Site.

User Submissions
Tufts Health Plan allows third parties to post comments and tips on the Site.  We disclaim all responsibility related to the content posted by third parties to the full extent allowed by applicable laws.  The visitors of this Site should be aware that these third party comments may include inaccurate and false information and is not an endorsement by Tufts Health Plan of any products or services referenced by third parties.

You agree that you will not transmit or upload any communication or content of any type to the Site that infringe or violate any rights of any party.  By submitting communications or content to the Site, you agree that such submission is non-confidential for all purposes.  If you make any submission to the Site, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted Tufts Health Plan a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.

Tufts Health Plan reserves the right to review all user submissions prior to publication on the Site and to withhold publication of or remove any submission for any reason, at any time, without prior notice, at Tufts Health Plan’s sole discretion.

Privacy and Security on this Site

Tufts Health Plan understands that privacy of information is of great importance to the people that visit this Site. We want you to know that Tufts Health Plan does not sell information obtained through use of the Site to anyone. In addition, we have established the following privacy and security practices with respect to the Site.

Because we want keepingyouhealthy.com to better serve visitors’ needs, we collect some basic information about visitors’ computers, including:

  • IP address (the computer’s unique signature)
  • Operating system (e.g. Windows Vista)
  • Browser software (e.g. Microsoft Internet Explorer, Firefox)
  • Internet Service Provider (e.g. AOL)

The information we collect about our visitors’ computers will not be used to identify individuals. Instead, we check which web pages and services people use while they are here. For example, we use the browser information to help us design our Site so that as many people as possible will be able to view the pages correctly. In short, it helps us determine what parts of the Site people like and what parts they don’t, so that we can add information appropriately.

Also, should you choose to request a coupon or coupons for the vendors listed in this Site, we collect the e-mail address and name that you provide.  Tufts Health Plan does not sell information obtained through use of this Site to anyone.

Email
Tufts Health Plan collects your email addresses when you submit a comment for posting, and when accessing different sections of the Site, including but not limited to the Coupon, Events, and Healthy Tips sections.  Your email address is the key identifier that we use to verify that you are you and to notify you of updated information that may be of interest.  Each time we send an email, the recipient will be given the opportunity to opt-out of receiving similar emails in the future. Please note that users cannot opt-out of receiving emails relating to system administration and privacy and security notifications.

Remember, your e-mail may not be encrypted and may be accessed and viewed by other Internet users without your knowledge while in transit to us. For that reason, please do not send confidential health care or personal information to us by e-mail. Tufts Health Plan disclaims any responsibility for any breach of confidentiality resulting from your transmittal of such email.

Cookies
We use “cookies” on the Site to help users better navigate keepingyouhealthy.com. They are used only for that distinct purpose. A “cookie” is a small piece of information sent by Tufts Health Plan’s Web server to store on your Web browser. We use this information to tell if you have been given important messages about the functioning of this site.

Links to Other Sites
For your interest and convenience, we have provided some links from Keepingyouhealthy.com to other web sites. The links are provided for your convenience only and do not constitute or imply that Tufts Health Plan endorses these sites, any material or information contained therein, or of any products or services described on these sites.

These sites are not owned or controlled by Tufts Health Plan and are not covered by Tufts Health Plan’s privacy and security policies. Tufts Health Plan cannot warrant the accessibility or the accuracy of any information provided on other web sites. Tufts Health Plan disclaims any responsibility for the content, information, products, services or the privacy and security policies contained on those other web sites. We encourage you to check the terms of use, privacy and security policies, and policy regarding the use of “cookies” of any other web site you visit.