HealthAssist is a personal healthcare service ("HealthAssist" provided to you ("you") by WellCare Today, LLC (referred to as "WCT" or "We" that helps remind you to take your medication, refill your prescriptions timely, and have access to your condition-related knowledge and/or organizations that may help improve your medical condition. HealthAssist provides you with tools to better manage your medical condition(s). HealthAssist is not intended to be a substitute for professional medical advice, diagnosis or treatment. 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 through HealthAssist. If you think you may have a medical emergency, call your doctor or 911 immediately. WCT does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned within HealthAssist. Reliance on any information accessed through HealthAssist is solely at your own risk. Please read the attached Privacy Statement for HealthAssist by clicking on "Privacy".

HealthAssist will not identify or alert you to any potential drug-drug interaction. For medical inquiries and advice, including those related to dosing or drug-drug interactions, please consult your physician.

The information provided through HealthAssist is not intended to be medical advice.

Application is a Secondary Reminder Tool

HealthAssist is intended as a helpful backup reminder system. You should not and must not rely on HealthAssist. At times, it may not function as intended. Specifically, HealthAssist will not function properly if your device is broken or if the power is turned off or if HealthAssist is not enabled or if any hardware or software on your device prevents HealthAssist from operating as intended. You acknowledge that HealthAssist and any of its alerts or notifications, depends on information that you enter. Ultimately, you are solely responsible for ensuring that the correct medication is taken at the proper times and in the proper dosages.

Disclaimers

HEALTHASSIST IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WCT

MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF HEALTHASSIST OR ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED OR REFERENCED THEREIN.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WCT DISCLAIMS ALL

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,

IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. YOU

ACKNOWLEDGE THAT YOUR USE OF HEALTHASSIST IS AT YOUR SOLE RISK.

NO COMMUNICATION, INFORMATION OR ADVICE GIVEN BY WCT OR ANY OF ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Third-Party Websites and Materials

References or links to any third parties or their websites or other information within HealthAssist are provided only as a convenience to you and do not in any way mean that WCT endorses, sponsors or recommends any third-party material, product or service. WCT does not make any representations regarding the content, accuracy, completeness, decency, legality, non-infringement, quality or any other aspect of material on such third-party websites, content, data, information, applications or materials. WCT is not responsible for and does not assume any liability with respect to the content, privacy practices or otherwise of third parties.

License Grant

WCT hereby grants to you a limited, nonexclusive, non-assignable, non-sublicensable license to access and use HealthAssist, and any user guides, specifications or related documentation (collectively, the "Documentation"), subject to the terms and conditions of this Agreement. This license is only for your personal and noncommercial use and only for the term of this Agreement. To the extent not limited or restricted under any applicable law or regulation, you are granted permission to temporarily utilize one copy of HealthAssist for personal, non-commercial use only on each mobile device that you own or control. You may not distribute or make HealthAssist available for use by others on multiple devices simultaneously. Under this license, except as and only to the extent any of the following restrictions are prohibited by applicable law or any of the restricted activities are permitted by the licensing terms of any open-sourced components incorporated into HealthAssist, you may not:

• lend, rent, lease, sell, redistribute, assign, sublicense or otherwise transfer HealthAssist or the right to download or use HealthAssist;
• use HealthAssist for any commercial purpose or for any commercial or noncommercial public display;
• copy, decompile, reverse engineer, disassemble, derive the source code of HealthAssist, any updates, or any part of HealthAssist or updates, or attempt to do any of the foregoing;
• modify or create derivative works of HealthAssist, any updates or any part of the updates;
• remove any copyright or other proprietary notations from HealthAssist; or
• transfer the content or materials of HealthAssist or the HealthAssist companion site accessible at https://assist.wellcaretoday.com (the "Companion Site").

If you violate any of these restrictions, this license will automatically terminate, and you may be subject to prosecution and damages.

Ownership

We retain all rights to HealthAssist that are not specifically granted to you in this

Agreement. We do not transfer to you any title to or any proprietary or intellectual property rights in or to HealthAssist, any updates or derivative works thereto, or the Documentation, or any copyrights, patent rights, or trademarks embodied or used in connection with HealthAssist.

Limitations on Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY,

WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL

WCT, OUR AFFILIATES, OR ANY OF OUR OR THEIR EMPLOYEES, DIRECTORS,

OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY

OTHER PERSON FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR FOR ANY

INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES

OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR

INABILITY TO USE HEALTHASSIST, INCLUDING, WITHOUT LIMITATION,

DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK

STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER OR DEVICE FAILURE OR

MALFUNCTION, EVEN IF A REPRESENTATIVE OF WCT HAS BEEN ADVISED OF

OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO

EVENT WILL WCT BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED

DOLLARS ($100). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

 

Any claims arising in connection with your urovided for in this Agreement, even if the applicable remedy under this Agreement fails of its essential purpose. se of

HealthAssist must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under this Agreement are exclusive and are limited to those expressly p

Indemnity

You agree to defend, indemnify, and hold harmless WCT, our officers, directors, employees. agents, licensors and suppliers, any of our affiliated companies or organizations, and any successors, assigns or licensees, from and against any claims, actions or demands, damages, losses, liabilities, judgments, settlements, costs or expenses (including attorneys' fees and costs) arising from or relating to your use of HealthAssist or your breach or violation of this Agreement.

Termination of Application

These terms are effective until terminated by either you or us. You may terminate this Agreement at any time, provided that you discontinue any further use of HealthAssist. If you violate this Agreement, our permission to you to use HealthAssist automatically terminates. We may, in our sole discretion, terminate this Agreement and your access to any or all of HealthAssist, at any time and for any reason, without penalty or liability to you or any third party. In the event of your breach of this Agreement, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to us. Upon any termination of the Agreement by either you or us, you must promptly uninstall HealthAssist on all of your devices and destroy all materials downloaded or otherwise obtained from HealthAssist, all Documentation, and all copies of such materials and Documentation. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Limitations on Liability, Indemnity, Choice of Law and Forum, Complete Agreement and Severability.

Complete Agreement

This Agreement and our Privacy Policy constitute the entire agreement between you and us relating to your access to and use of HealthAssist. To the extent there is an inconsistency between this Agreement and the Privacy Policy, this Agreement shall govern. Anything contained in or delivered through HealthAssist that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement.

Severability

If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be reformed, limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

Assignability

You agree that this Agreement and all incorporated agreements between you and us may be automatically assigned by us, in our sole discretion, to an affiliate or to a third party in the event of a merger, acquisition or liquidation

WellCare Today, LLC HealthAssist Account Privacy Statement

Introduction

HealthAssist is a personal healthcare service ("HealthAssist") provided by WellCare Today, LLC (referred to as "WCT" or "We") that helps remind you to take your medication, refill your prescriptions timely, and has access to your condition-related knowledge and/or organizations that may help improve your medical condition.

Sharing your Personal Health Information

A key value to HealthAssist is the ability to share your health information or aggregate your information with others to provide you with the ability to better manage your health, giving you access to:

• Condition-Related Clinical Trials
• Condition-Related Seminars or Clinics
• Prescription subsidy programs to improve affordability
• Condition-Related Articles and Studies
• Condition-Related Support Groups or Services Condition-Related Social Media Sites
• Condition-Related Coupons.

How we use your personal information

We use personal information collected through HealthAssist, including health information, to provide HealthAssist, and as described in this Privacy Statement. WCT may access and/or disclose your personal information, including protected health information, if we believe such action is necessary to:

1. Comply with the law or legal process served on WCT
2. Protect and defend the rights or property of WCT (including the enforcement of our agreements); or
3. Act in urgent circumstances to protect the personal safety and welfare of users of WCT services or members of the public.

THE FOREGOING DISCLOSURE RIGHTS WILL NOT APPLY TO YOU IF YOU ARE

RECEIVING HEALTHASSIST THROUGH A THIRD PARTY PROVIDER SUCH AS A

HEALTH INSURER. IF YOU ARE RECEIVING HEALTHASSIST THROUGH A THIRD PARTY PROVIDER SUCH AS A HEALTH INSURER, WCT WILL NOT COLLECT AND DISCLOSE YOUR PERSONAL INFORMATION IN THE FOREGOING MANNER.

How we use aggregate information and statistics

WCT may use de-identified, aggregated information from HealthAssist to: Support healthcare data analytics, recognizing the correlation between patient best outcomes and the correlation of the independent variables towards best outcomes. Identify opportunities of healthcare cost savings that might reduce healthcare premiums. Should you wish to opt-out of any service in HealthAssist, press the settings icon and opt-out, or delete the information in the section from which you wish to opt-out. Share records with programs through the Service

Organizations we share information with:

We may share records or synchronize data to setup most of the fields in HealthAssist, which may be from your (collectively, "Program Providers"):

• PHR Record Provider, such as Microsoft HealthVault.
• The Centralized Patient Database of your Pharmacist or PBM (Pharmacy Benefit Manager).
• Your healthcare payer (insurance Company or Third Party Administrator).
• Support personnel, such as your healthcare providers or others that are made available to you to help improve your health outcome.

In order to access HealthAssist, the Program Provider must commit to protecting the privacy of your health data. WCT can revoke a Program Provider's access to

HealthAssist if a Program Provider does not meet its privacy commitments to WCT. We encourage you to contact us if you believe a Program Provider is not protecting the privacy or security of your health data.

 

No Program Provider has access to your information through HealthAssist unless and until an authorized user opts in through HealthAssist to grant it access. WCT requires Program Providers to: (i) agree not to disclose your data without express consent unless (ii) HealthAssist is provided through a healthcare provider, insurer, or other entity that is subject to laws governing the use and disclosure of health information, in which case WCT requires that the Program Provider comply with those laws.

Security of your personal information

WCT is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, and disclosure. For example, we store the personal information you provide on computer services with limited access that are located in controlled facilities.

Data Retention and Corrections

At any time, you can stop collection of your information by uninstalling HealthAssist and discontinue use of the HealthAssist Companion Site, accessible at https://assist.wellcaretoday.com. We will keep your information for as long as you continue to use HealthAssist and for a reasonable period of time afterwards, not to exceed thirty (30) days. Upon your request, we will delete your personally identifiable or personal health information from our active databases.

Links to other websites or apps

HealthAssist may link to or refer to websites or mobile device applications that we do not control. This Privacy Policy does not apply to such other websites or applications, and we are not responsible for the privacy practices or content of any website or application not controlled by us. If you have any concerns, we urge you to review the terms of those other websites or applications for more information about their applicable policies.

Enforcement of this Privacy Statement

If you have questions regarding this Privacy Statement, you should first contact us by sending an email to [email protected].

Changes to this Privacy Statement

We may occasionally update this Privacy Statement. We encourage you to review this Privacy Statement periodically to stay informed about how we are helping to protect the personal information we collect. Your continued use of HealthAssist constitutes your agreement to this Privacy Statement and any updates.

Contact information

WellCare Today, LLC welcomes your comments regarding this Privacy Statement. If

you have questions about this Privacy Statement or believe that we have not adhered to it, please contact us by regular mail or by email to [email protected].

WellCare Today, 101 Eisenhower Pkwy, Ste 300, Roseland, NJ. 07068.

General Information 

HealthAssist Companion Website: http://assist.wellcaretoday.com/

To improve the useability of HealthAssist, we have created a companion website that allows for access through your PC. You can access the companion website at https://assist.wellcaretoday.com. Using the same username and password, you can setup any or all of the features of HealthAssist, but through the convenience of using a large PC screen and keyboard.

HealthAlert:

HealthAlert will alert registered caregivers if any of the medical readings from your watch is not within the norma/safe zones that have been set up by you or any caregivers authorized by you. This feature is merely a support feature and should not be relied upon to manage your health or determine if, or when you should seek medical attention.

Reminders:

Taking your medication timely has a direct correlation to your health state and associated healthcare costs. HealthAssist will help improve your Medication Adherence by providing reminders to to take your medications.  Reminders may also be utilized to remind you to schedule a condition-related or age-related preventative exam, such as an annual physical, lab test, flu-shot, colonoscopy, mammography, eye exam or other preventative exams which are important to maintain your health.

RefillAlert:

Through RefillAlert you now have the ability to be reminded when it is time to refill your prescription. Certain versions of this software will also enable HealthAssist to submit refill requests to your Pharmacy. You can turn off RefillAlert at any time in the settings section of HealthAssist.

PHR (Personal Health Record)

We will store your medical history, which can be easily made available to healthcare providers in the event of an emergency should you encounter such a need in the future. Additionally this service will enable you to link and synchronize healthcare data stored by your various healthcare providers. You may store and save information and edit/add other information that becomes available to you.

Opt-In

In essence, all of the foregoing features and services are opt-in, meaning they are functional only if you setup and complete the required information. Additionally, HealthAlerts and RefillAlerts can be turned off at any time via the settings section within

HealthAssist. That said, the more information you enter, the better HealthAssist can support you because it is that very information that enables HealthAssist to connect you with articles and information that can assist you in managing your condition, receive relevant discount coupons, be invited to condition related seminars and clinics, have easy access to support systems or personnel, or save you time by submitting your prescription refill requests for you. Since information stored in HealthAssist is private, a username and password must be used to access that information. A username and password is required to access all information.