Engage4Hlth Privacy Policy

EFFECTIVE DATE: June 10, 2021

LAST UPDATED: June 10, 2021

Engage4Hlth LLC., including its subsidiaries and affiliates (collectively, " Engage4Hlth," "we," "us," or "our") values your privacy. In this Privacy Policy ("Policy"), we describe how we collect, use, and disclose information that we obtain about visitors to our website https://www. Engage4Hlth.com (the "Site") and corporate offices as well as through our products and services (collectively, the "Services"). We also provide legal Terms of Use for our Site, which are located below in (Section 11).

1. Scope and Consent

By visiting the Site, you acknowledge that your personal information will be handled as described in this Policy. As used herein, "personal Information" means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer.

2. Information Practices: How We Collect, Use, Retain, and Disclose Personal Information

The information we collect through the Site, including all of its web pages, is controlled by Engage4Hlth, including its subsidiaries and wholly owned affiliates, which is headquartered in the United States at 47 Pine Plain Road, Wellesley, MA 02481.

The Information We Collect About You

We collect information about you directly from you and from third parties, as well as automatically through your use of our Services.

Information We Collect Directly From You through the Site. The information we collect from you depends on how you use our Site. To request more information from us, you must provide us with identifiers or employment-related information such as your name, your job title and the name of the customer company you work for, your contact information, such as your business email and phone number, and your reason for contacting us.

Information We Collect Through Our Corporate Customer Relationships. In order to manage our customer relationships with our corporate customers, we collect identifiers and employment-related information about and from our corporate customers' employees and workforce. This information may include names, titles, business email addresses and phone numbers, work location, and information about an employee or workforce member's role at the corporate customer (such as the department they work in, products or issues worked on, and other similar information). We use this information to administer our corporate customer contracts and to market our Services to corporate customers. When you/your employer are subscribed to one of our Services, listservs or community portals, we may collect information such as your name, email address, profession, and customer affiliation.

Information Collected and Used in Engage4Hlth Services. Engage4Hlth collects medical information, called "protected health information" under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), in Engage4Hlth's role as a business associate to health care providers. The protected health information is used to support Engage4Hlth customers' health care operations and is received by Engage4Hlth in its capacity as a business associate to its members. The privacy of such data is governed by HIPAA rather than any state privacy law. Similarly, Engage4Hlth may collect other information that may be exempt from state privacy laws, such as information to help its corporate customers obtain insurance or reinsurance insurance benefits, and information known as Patient Safety Work Product, or PSWP which is governed by the Federal Patient Safety and Quality Improvement Act of 2008.

Engage4Hlth also collects identifiers and employment related information, about consumers that are health care practitioners ("practitioners") directly from its corporate health care customers as noted above or from third party providers of data, such as health care claims data aggregators, its vendors, and governmental sources, in order to provide Services to its customers in the health care industry. For practitioners, this information can include DEA numbers and National Practitioner Identifiers, in addition to the information noted above. In some cases, this information may be provided to Engage4Hlth's customers. Engage4Hlth's customers can include health care providers and health systems, data aggregators working in the health care industry, pharmaceutical manufacturers and general medical supply vendors. If the practitioner data in question is not otherwise subject to an exemption from state privacy laws such as the California Consumer Practice Act ("CCPA") (e.g. as Protected Health Information under HIPAA), the transfer from Engage4Hlth to some customers can be considered a sale of personal information under the CCPA. You may review the chart showing Engage4Hlth's practices in the past 12 months with respect to such personal information in Section 8 below.

Information We Collect Automatically. We automatically collect the following identifiers and internet or other electronic network activity information about your use of our Site through cookies, web beacons, and other technologies: your domain name; country of origin, your browser type and operating system; Engage4Hlth web pages you view; links you click on the Engage4Hlth website; your IP address; the length of time you visit our Site; and the referring URL or webpage that led you to our Site. We may combine this information with other information that we have collected about you, including, where applicable, your username, name, business email and other personal information. Please see the "Our Use of Cookies and Other Tracking Mechanisms" section below for more information.

How We Use Your Information

We use your information, including your personal information, for the following purposes:

• To provide our Services, to communicate with you about your use of our Site or Services, to respond to your inquiries, and for other customer service purposes.
• To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Site.
• For marketing and promotional purposes. For example, we may use your information, such as your email address, to send you a welcome email, news, and newsletters when your organization subscribes to our programs, special offers, and promotions, or to otherwise contact you about products or information we think may interest you.
• To better understand how users access and use our Site, both on an aggregated and individualized basis, in order to improve our Site and respond to user desires and preferences, and for other research and analytical purposes.
• To administer surveys and questionnaires.
• To administer our customer contracts. For example, we will use a customer's employee's contact information to send our invoices or to send out service communications.
• To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal processes; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority.
• To protect the safety, rights, property, or security of Engage4Hlth, our services, any third party, or the general public; to detect, prevent, or otherwise address fraud, security, or technical issues; to prevent or stop activity that Engage4Hlth, in its sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity; to use as evidence in litigation; to conduct audits; and to enforce this Policy or our Terms of Use.

How We Share Your Information

We share your information, including personal information, as follows:

Affiliates. We may disclose the information we collect on the Site to our affiliates or subsidiaries for the purposes described in this Policy; however, if we do so, their use and disclosure of your personal information will be subject to this Policy.

Other Providers. We may disclose the information we collect from you to third-party vendors, service providers, contractors or agents who perform functions on our behalf. We also may share information provided to us by our members to third parties as described below.

We also may disclose information in the following circumstances.

• Business Transfers. If we are or may be acquired by or merged with another company, if any of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
• In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal processes, such as in response to a court order or a subpoena.
• To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Service or this Policy, or as evidence in litigation in which Engage4Hlth is involved.

Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.

Data Retention

Your information will be retained in accordance with our data retention policy which is designed to retain data for as long as needed for us to comply with our contractual obligations, employment obligations, and other business purposes, including legal obligations to retain data. We may retain some information from closed accounts so that we can comply with law, prevent fraud, assist with investigations, resolve disputes, analyze or troubleshoot programs, enforce our Terms of Use, or take other actions permitted by law.

3. Our Use of Cookies and Other Tracking Mechanisms

We and our third-party service providers may use cookies and other tracking mechanisms to track information about your use of our Site.

• Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser for record-keeping purposes. Some cookies allow us to understand aggregated activities at our Site.

• Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.

• Service Provider Analytics. We use automated devices and applications, such as Google Analytics and Terminus, to evaluate usage of our Site. We also may use other analytic means to evaluate our Site. We use these tools to help us improve our Site, performance, and user experiences. These entities may use cookies and other tracking technologies to perform their services. To learn more about Google's and Terminus's privacy practices, please review the Google Privacy Policy at https://www.google.com/policies/privacy/ and Terminus Privacy Policy at https://terminus.com/privacy-policy/help. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout. You can further manage your browser's ability to accept cookies or remove persistent cookies by following directions provided in your internet browser's "help" file. These entities may collect certain non-PII regarding your use of the Engage4Hlth website, such as IP addresses, browser types, domain names, internet-service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.

4. Third-Party Links

Our Site may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.

5. Security of My Personal Information

We have implemented reasonable security measures to protect the information we collect from unauthorized access, exfiltration, theft, loss, misuse, disclosure, alteration, or destruction. Please be aware that despite our best efforts, no data security measures can guarantee security.

You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

6. Children's Privacy

Our Site is not directed to children under the age of sixteen (16), nor do we market products or services to such children. We request that children do not provide personally identifiable information through our Site. We do not knowingly collect or sell personal information from children under 16 without parental consent.

7. Promotional Emails

We may send periodic promotional emails to you. You may opt-out of such promotional emails by following the opt-out instructions contained in the email. Please note that it may take up to 15 business days for us to process such opt-out requests. If you opt-out of receiving promotional emails, we may still send you emails about your account or any services you have requested or received from us.

8. California Consumer Privacy Act

As part of its Services, Personal information including professional and employment related information of practitioners is provided to customers in the health care industry, including health care providers and systems, data aggregators in the health care industry, pharmaceutical manufacturers and other suppliers to the health care industry. These third party transfers may be considered sales of data under the CCPA.

Engage4Hlth receives personal information in its capacity under California law as a service provider/business associate to Covered Entities located in California. Engage4Hlth may share this information as required to fulfill its contracts with its member health care institutions. If an exemption under the California Consumer Privacy Act ("CCPA") does not apply to this information, you are free to contact the health care institution directly about the types of data collected by the institution and provided to Engage4Hlth.

Engage4Hlth acts as a Business Associate as defined by HIPAA, and as part of its Services, personal information which is de-identified in accordance with HIPAA Section 164.514(b) is provided to customers in the health care industry, such as health care providers and systems, data aggregators in the health care industry, pharmaceutical manufacturers and other suppliers to the health care industry. These transfers are considered sales of de-identified personal information under the CCPA.

Sale of Personal Information. Except as specified above, we do not sell your information for money, but we and our business partners use tracking technologies to help us understand our customers and visitors to the Services, enhance your online experience, and customize our offerings in ways that may be deemed a "sale" of personal information under the CCPA. This includes working with third parties, such as ad networks, which collect personal information via tracking technologies to serve personalized advertisements on and off our Services, provide us with data collection, reporting, and ad response measurement. To the extent we or our partners use such technologies on the Services, we offer an opt-out as discussed below.

California Consumers: Choices for Access, Deletion, and Right to Non-Discrimination.

If you are a California resident, you have the right to know what personal information we collect, use, disclose or sell about you under the CCPA. Additionally, you have the right to access, delete, and opt-out of the sale of your personal information

To exercise these privacy rights and choices, please follow the instructions below:

• How to request access to your personal information: You may request access to your personal information twice in a 12-month period. To do so, please complete the online form by clicking here. The Access Report will be delivered by mail or electronically at your request. Note, we may not always be able to fully address your request; for example, if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.
• How to request deletion of your personal information: You may request that Engage4Hlth delete the personal information it has collected and/or maintained about you. To do so, please complete the online form by clicking here. Note, we may need to retain certain personal information as permitted by law, such as to complete the transaction for which the personal information was collected, provide a requested good or service, detect security incidents, protect against malicious, deceptive, fraudulent or illegal activities, comply with legal obligations or to enable solely internal uses that are reasonably aligned with your expectations or lawful within the context in which you provided the information.
• How to opt-out of the sale of personal information: You have the right to opt-out of the sale of your personal information. We offer an opt-out from the use of cookies and other tracking technologies in connection with our Services, which may in some cases constitute the sale of your personal information under the CCPA or other privacy laws. To do so, please complete the online form by clicking our Do Not Sell My Personal Information link. For cookies, this will cause information to cease to be added to any cookies or other tracking technologies that have been set on our Services or block them entirely; for our other programs, Engage4Hlth will cease providing your personal information to third parties. Please note that, as to cookies, you will need to opt out again if you visit one of our Services from a different device or browser of if you clear your cookies.

We reserve the right to charge a fee where permitted by law, for instance, if your request is manifestly unfounded or excessive. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

• Verification: Please note, we will take steps to verify your identity before fulfilling any of the above requests. We will request a copy of your identification with your California residency as well as request you to verify through an authentication e-mail.
• Authorized Agents: Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your or your minor child's personal information. In order to designate an authorized agent to make a request on your behalf, you must provide written proof that you have consented to this designation unless the agent has power of attorney pursuant to California Probate Code sections 4000-4465. If you are submitting a request via an authorized agent, please direct your authorized agent to submit its attestation/power of attorney to Engage4Hlth using the email CCPACompliance@Engage4Hlthinc.com. You must also verify your identity directly with us by providing a copy of your government issued identification.
• Response Timing and Format: We will respond to a verified consumer request for personal information within 45 days of receipt. If we require more time (up to 90 days), we will notify you of the reason and extension period in writing.
• Anti-Discrimination Right: You have the right to be free from discrimination in product quality, goods or services if you choose to exercise your privacy rights under the CCPA.

• Do Not Track: Your browser may deliver a "Do-Not-Track ('DNT') signal" to this Site. We will honor a "Do-Not-Track" signal as a valid opt-out request.

9. Contact Us

If you have questions, comments, or concerns about the privacy aspects of our Site or if you have a disability and need access to this privacy/legal policy, please email us at legalprivacynotice@Engage4Hlth.com. If you are a California consumer exercising one of your rights under CCPA, you may contact us at CCPACompliance@Engage4Hlth.com.

10. Changes to this Policy and Terms of Use

This Policy and Terms of Use is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy or our Terms of Use on our Site.

11. Terms of Use

These Terms of Use ("Terms") apply to your use of the Site and Services provided by Engage4Hlth. By accessing or using our services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration and class action waiver in Section 11(F), do not access or use our Services. We may make changes to our policies, content and all other aspects of the operation of the Site at any time without notice to you. We will post any changes to the Site from time to time, and therefore you should periodically review the Terms when accessing the Services.

1. Disclaimers

These web pages contain confidential and/or proprietary information and are provided "as is" and "as available." ENGAGE4HLTH MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF THE VALIDITY OF SERVICES OR ITS APPROPRIATENESS FOR USE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. BY ACCESSING THE SERVICES, YOU ASSUME THE ENTIRE RISK. ENGAGE4HLTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE USE OF THESE DOCUMENTS OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION IN THEM. WHILE ENGAGE4HLTH ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Engage4Hlth neither warrants nor represents that your use of content on this Site will not infringe rights of third parties not affiliated with Engage4Hlth.

1. Information Not Legal Advice

This Site makes use of licensed stock photography that is intended for illustrative purposes only. The professional services depicted are not necessarily services provided by Engage4Hlth. The information contained in these web pages and in material referenced by these web pages, is intended for informational and educational purposes only, and does not constitute legal, financial, accounting, medical or other professional advice.

1. Limitation of Liability

The information herein should not be considered a substitute for your independent professional judgment or expert advice from a competent professional. Under no circumstances shall Engage4Hlth, its subsidiaries or affiliates, or any copyright holder, be liable for any actual, incidental, indirect, special, punitive, or consequential damages arising from or related to this Site or the Services, even if Engage4Hlth, or its subsidiaries or affiliates, have been advised of the possibility of such damages.

The Site and its content will be transmitted over a medium that may be beyond the control and jurisdiction of Engage4Hlth. Accordingly, Engage4Hlth assumes no liability for or relating to the delay, failure, interruption, or corruption of any information transmitted in connection with your use of the Site.

1. Limited License

All content on the Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof, collectively "Engage4Hlth Content"), is the exclusive property of and owned by Engage4Hlth, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. As a visitor to the Site, you are our guest. Engage4Hlth and its third-party content contributors grant you a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access the Engage4Hlth Content. You may copy, download and print the Engage4Hlth Content solely for your personal, non-commercial benefit, provided that you shall not modify or delete any copyright, trademark or other proprietary notice that appears on the Engage4Hlth Content. However, such license is subject to these Terms and does not include any right to modify, distribute, transmit, perform, broadcast, publish, upload, license, reverse engineer, transfer or sell the Engage4Hlth Content. Any use of our Engage4Hlth Content, other than as authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time.

Except as explicitly stated in these Terms, Engage4Hlth and our licensors reserve all rights, title, and interest in and to our Services and the Engage4Hlth Content. Engage4Hlth reserves the right to prohibit any person from using the Site for any reason, at its sole discretion.

1. Prohibited Uses

We reserve the right to deny access to you at any time if you engage in prohibited activity, such as posting copyright-protected content without approval from the author, unauthorized copying or use of information or functionality on the Site, attempting to obtain unauthorized access to restricted areas of the Site, using slanderous, profane or inappropriate language in communications involving or in the Website, or infecting the Website with computer viruses or other destructive functionality.

You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Engage4Hlth reserves the right, in its sole discretion, to limit or terminate Your access to or use of the site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Engage4Hlth may be entitled at law or in equity. Any content found to be in violation of these Terms will be removed.

1. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER

Please Read This Provision Carefully. It Affects Your Legal Rights.

This Provision allows us to promptly and efficiently resolve any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between You and Us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to You (such as Our licensors, suppliers, dealers or third-party vendors) whenever You also assert claims against Us in the same proceeding.

This Provision provides that all disputes between You and Us shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of Your right to litigation claims and all opportunity to be heard by a judge or jury. We prefer this because We believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means You would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, You must first give Us an opportunity to resolve the Dispute which is first done by [emailing] to Us at ____________________ the following information: (1)Your name, (2) Your address, (3) A written description of Your Claim, and (4) A description of the specific relief You seek. If We do not resolve the Dispute within 45 days after receiving Your notification, than You may pursue Your Dispute in arbitration. You may pursue Your dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, You or We may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing Us at ___ the following information: (1) Your name; (2) Your address; (3) A clear statement that You do not wish to resolve disputes with Us through arbitration. We promise that Your decision to opt-out of this Arbitration Provision will not negatively affect Your relationship with Us. But, We do have to enforce the Opt-Out Deadline, so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your dispute in arbitration or small claims court.

Arbitration Procedures

If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or We may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.

Because this Website and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or We may initiate arbitration in either New York or the federal judicial district that includes Your billing address. In the event that You select the latter, We may transfer the arbitration to New York so long as We agree to pay any additional fees or costs which the arbitrator determines You incur as a result of the transfer.

Payment of Arbitration Fees and Costs – So long as You place a request in writing prior to commencement of the arbitration, We will pay all arbitration fees and associated costs and expenses. But, You will still be responsible for all additional fees and costs that You incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if You provide notice and negotiate in good faith with Us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both You and We specifically agree to do so following initiation of the arbitration. If You choose to pursue Your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to You. Neither You, nor any other user of this Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

Jury Waiver

You understand and agree that by accepting this Provision in these Terms, You and We are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, You and We might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that You would have if You went to court (e.g.,, the rights to both appeal and certain types of discovery) may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will not apply, but all enforceable provisions will remain valid. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

Continuation

This Provision shall survive the termination of Your account with Us or Our affiliates and Your discontinued use of this Website. Notwithstanding any provision in this Agreement to the contrary, We agree that if We make any change to this Provision (other than a change to the Notice Address), You may reject any such change and require Us to adhere to the language in this Provision if a dispute between Us arises.

GENERAL

We think direct communication resolves most issues – if We feel that You are not complying with these Terms, We will tell You. We will even provide You with recommended necessary corrective action(s) because We value this relationship.

However, certain violations of these Terms, as determined by Us, may require immediate termination of Your access to this Website without prior notice to You. The Federal Arbitration Act, Massachusetts state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or this Website will be heard in the courts located in Norfolk County, Massachusetts. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforced any of these Terms, We are not waiving Our rights. These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about this Website. The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

1. Guidelines for Linking

If you wish to link to Engage4Hlth's Website, you must request permission to do so in writing, either by contacting us by e-mail at publicrelations@Engage4Hlth.com or by U.S. mail at Engage4Hlth LLC, 47 Pine Plain Road, Wellesley, MA 02481 listing the URL of your site. Anyone linking to Engage4Hlth's Website must comply with these guidelines for linking to Engage4Hlth's Site and all applicable laws. A site that links to Engage4Hlth's Site:

May link to, but not replicate, Engage4Hlth content

Should not create a browser, border or frame environment around Engage4Hlth content

Should not imply that Engage4Hlth is endorsing it or its products

Should not misrepresent its relationship with Engage4Hlth

Should not present false information about Engage4Hlth products or services

Should not use the Engage4Hlth logo without written permission from Engage4Hlth

Should not contain content that could be construed as distasteful, offensive or controversial

Should contain only content that is appropriate for all age groups.

1. Member Contributed Content

Within the member-only area of Engage4Hlthinc.com are many documents and discussions contributed by individuals within our member organizations. This content is for information sharing purposes only and should not be construed as clinically proven, endorsed, or recommended by Engage4Hlth or contributors. Posting of copyrighted materials, in whole or in part, is EXPRESSLY PROHIBITED without the prior written permission of the copyright holder, and may subject the user and their employer to legal liability for copyright infringement, and a denial of further access to this Site. Users may post hypertext links to, or URLs for, copyrighted materials already on the Internet unless prohibited by the copyright holder or applicable law. Users may also refer to copyrighted materials by title and/or author or publisher, but may not actually post the materials without prior written permission of the copyright holder. Site visitors agree to not disclose information in this Site to any third party, other than Engage4Hlth, Inc., its regional offices, subsidiaries and health care members. Site visitors agree to not submit information to this Site that is covered by the Health insurance Portability and Accountability Act of 1996 as amended ("HIPAA"), such as patient identifiable information (i.e. "Protected Health Information").

The appearance of any information or materials on this Site does not constitute an endorsement or recommendation by Engage4Hlth or its affiliates or subsidiaries. This Site contains copyrighted materials and proprietary materials owned by either Engage4Hlth or third parties who have given their permission to post their materials to this Site. These materials are protected by the United States copyright laws and international treaty provisions, and may be downloaded and/or printed for personal use only. Any posting of information, or any other use of information or materials on this Site, including, but not limited to, reproducing, copying, transmitting, or distributing, in whole or in part, is EXPRESSLY PROHIBITED without the prior written consent of the copyright holder. Information, comments, discussions, and materials on this Site may be discoverable in response to a valid request by a court of competent jurisdiction or governmental agency.