Terms
and
Conditions
My Wellness Journey Terms and Conditions

For those eligible to participate in My Wellness Journey, the following Terms and Conditions apply: My Wellness Journey (referred to as “The Program”) is a wellness and rewards program offered by Partners in Primary Care (“PIPC”, “we”, “us” and “our”) that encourages a healthy lifestyle and rewards people for taking steps to improve and continue healthy behaviors. PIPC provides wellness support and rewards to help people live healthier lives and reduce healthcare costs.

This website and accompanying wellness services and functionality are meant to be accessed by members residing within the United States only. The services are not available to individuals outside the United States in any manner.

Please read this agreement carefully. It sets forth legally binding terms and conditions for participation in the Program.

Release, assumption of risk, and waiver

By accepting these Terms and Conditions, you acknowledge that you are doing so voluntarily and with the understanding that PIPIC through My Wellness Journey is not necessarily providing medical advice. You understand that any activities or other information presented to you are not substitutes for a medical professional's evaluation and treatment.

The Program may encourage physical exercise, and other health and fitness activities. These activities may involve risks and may not be appropriate for everyone. Before taking part in any My Wellness Journey program physical activities you should obtain necessary medical advice about participating in the Program from your healthcare providers, including a thorough evaluation and review of your present physical condition and guidance regarding which activities are safe and appropriate for you. You acknowledge and understand that regardless of your physical condition while participating in the Program, certain elements of the program may involve risk of injuries or aggravation of preexisting injuries, diseases, or physical conditions.

In exchange for the right to participate in the Program, you agree to indemnify, defend (at our option), and hold PIPC and its parent company and each of their respective subsidiaries, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, successors, and assigns (Program Parties) harmless from and against any and all damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands, including, but not limited to, personal injury, death, or damage to or loss of property, that directly or indirectly arise from or are related to: (i) your activities in connection with the Program; (ii) your use of the Program or rewards earned through the Program; (iii) your breach or anticipatory breach of these Terms and Conditions or any other guideline, rule, or terms of service related to or part of the Program; (iv) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Program or your activities in connection with the website and the Program; (v) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) our use of the information that you submit to us; or (viii) any other reason (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by us in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of PIPC. We are not responsible for technical, hardware, network connections, or incomplete or delayed computer transmissions, regardless of cause. Under no circumstances will PIPC or the Program Parties be responsible for or liable, together or separately, for any loss or damage of any kind, including personal injury or death, or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to the Program. The foregoing limitation of liability will apply even if any event or circumstance were foreseeable, and even if Program Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Program).

You understand this Release, Assumption of Risk and Waiver is a binding contractual agreement. You have read it fully; You hereby acknowledge that you understand it; and you voluntarily accept it.

Program Participation

In some instances, both these Terms and Conditions and separate guidelines, rules, or terms of service, setting forth additional or different terms and/or conditions may apply to your use of the Program (in each such instance, and collectively, “Additional Terms”). For example, in addition to these Terms and Conditions, any promotion we may offer as part of the Program, may also be subject to the Additional Terms, and may also govern participation, and our execution, of each such promotion.

PIPC reserves the right to determine eligibility for participation in or use of the Program.

Information accuracy. You will provide true, accurate, complete information about yourself and your activities in connection with your participation in the Program. You are solely responsible for all activities that occur under the account – whether or not you authorized the activity.

Communications, notices and customer service

By registering for the Program, you agree that: (i) we may give you notices of important matters by prominently posting notices on the home page of the Program or in another reasonable manner we determine in our sole discretion; and (ii) we may contact you and send you communications by postal mail and e-mail at the addresses you provide to us.

If you have a question regarding use of the Program, you may contact Customer Support by calling (702) 357-9673 for English or (702) 410-6054 for Spanish.

Program rules and parameters

PIPC has sole discretion in administering the Program and interpreting the Terms and Conditions and Additional Terms. A revised copy of the Terms and Conditions will be posted on the website when any changes occur. PIPC is not responsible for misinterpretation or lack of knowledge of the Terms and Conditions. A process is available for you to resolve any issue or concern regarding the Program, contact Customer Support by calling (702) 357-9673 for English or (702) 410-6054 for Spanish.

We reserve the right, in our sole discretion and without notice or liability, at any time during the duration of this Program, to take actions to administer the Program, including, but not limited to: (i) modify, suspend, cancel, or discontinue the Program, in whole or in part, for any reason, (ii) restrict, suspend or terminate participation of any persons enrolled in the Program (iii) impose limits on, withdraw, modify, suspend or cancel any features, activities, promotions or services, (iv) limit the frequency, duration or number of times an activity may be completed, (v) adjust or deny the amount of rewards awarded for any activity, (vi) and modify or regulate the rewards you may have accrued in the Program.

You agree that PIPC or Program Party will not be liable for any modification, discontinuance or termination from the Program. You further agree to abide by PIPC’s final and binding decisions regarding the Program and your participation in it.

Data confidentiality

Your program data is used, shared and protected as outlined in our Internet Privacy Statement on the website.

By participating in the Program with any social media sharing tools or functions made available to you, you understand that your use of such tools or functions is completely voluntary. Further, you understand that if you choose to use the social media sharing tools or functions to share your information on social media you are responsible for the release of your information. PIPC is not responsible for the transmission of the information or use of the information on any website, and PIPC cannot retract or delete the information once it is released. You agree that it is your responsibility to understand social media sharing tools or functions prior to your use and to remove any information you no longer wish to have shared.

Earning My Wellness Journey rewards

Program participation will be awarded to the individual member completing the activity. For rules and requirements regarding My Wellness Journey participation and earning of rewards, please review the descriptions of each specific activity.

When indicated, you must use the designated forms and provide all requested documentation of your activities to be recognized as being eligible for rewards.

You are responsible for ensuring that Program participation and any eligible rewards are credited accurately. If you believe that a Program reward has been earned but not properly credited, you may be required to submit supporting documentation or proof to PIPC to correct the discrepancy. Such requests must be submitted during the current program year, at least 30 days prior to the current Program year end, to allow sufficient time for resolution.

Rewards cannot be earned except in strict compliance with the requirements as established and intended by us, and you shall not attempt to earn rewards or participate in any aspect of the Program by any means (including, without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements.

Program rewards are not transferable and may not be combined nor can they be transferred to an estate, successor or assign(s). Rewards have no “real world” or cash value and are not redeemable for cash. Program rewards do not constitute property of the individual. You forfeit all rewards under the Program immediately upon termination from the program regardless of the circumstances of termination.

Rewards cannot be redeemed if you are not enrolled in the Program. If you are no longer a member of PIPC, you will be considered terminated from the Program and unredeemed rewards will be forfeited.

My Wellness Journey rewards

Rules specific to earning rewards are set forth in the applicable sections of this document, on the website and within other materials disseminated. Violation of these may result in forfeiture of rewards and/or termination from the My Wellness Journey program.

Gift cards may not be returned for any reason except if the gift card is damaged or defective, where the return should be initiated no more than two (2) weeks from when the gift card is shipped in which case the gift card will be replaced with the same or like gift card.

General provisions

Termination/suspension. Any suspension or termination will not affect your obligations to us under these Terms and Conditions, Additional Terms or any other requirements of the Program. Upon suspension or termination of your access to the Program, or upon notice from us, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Program. The provisions of these Terms and Conditions and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to us in these Terms and Conditions, as well as any indemnities, releases, disclaimers, and limitations on liability.

Taxes

It is your responsibility to determine tax obligations, if any, related to participation in the Program for rewards received under My Wellness Journey. You are responsible for all applicable taxes, including income tax liability, associated with any item acquired under the Program.

Severability

If any provision of these Terms and Conditions, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms and Conditions, or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms and Conditions, or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.

Investigations

We reserve the right, without any limitation, to: (i) investigate any suspected breaches of website’s security or information technology, or other systems or networks; (ii) investigate any suspected breaches of these Terms and Conditions or other requirements of the Program; (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters.

Assignment

We may assign our rights and obligations under these Terms and Conditions, or any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and Conditions, and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of PIPC.

No Waiver

Except as expressly set forth in these Terms and Conditions, or any Additional Terms, (i) no failure or delay by you or us in exercising any rights, powers, or remedies will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms and Conditions, or any Additional Terms, will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

Connectivity

You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service providers, mobile service, and other services needed for your access to and use of the Program and you will be responsible for all charges related to them.