Centered App Terms of Use Agreement

Terms of Use and Privacy Statement

Before You Begin.

Effective date: April 6, 2015

You want to get started using the Centered Mobile Application (“app”) and we want to ensure that you have an understanding of the Terms of Use and Privacy Statement associated with the app. Please read this document carefully, as it contains important information about your rights and obligations as well as other terms or limitations that may apply to you if you download and use the app.

Introduction

Before you begin, you confirm and acknowledge:

  • that you are at least 18 years of age;
  • that you have read and understand the Terms of Use and Privacy Statement;
  • that you further understand that the Terms of Use and Privacy Statement constitute a legal, binding agreement between you and HCSC.

Terms of Use

The following Terms of Use and Privacy Statement govern use of the app, as provided by HCSC, by all those who access the app, including without limitation, persons and representatives of entities, whether such representatives are persons or digital engines of any kind that crawl, index, scrape, copy, store or transmit digital content (collectively, “you” or “your”).

If HCSC makes any material changes to the app or to the Terms of Use and Privacy Statement, you will be required to re-accept the Terms of Use and Privacy Statement.

This app provides the following features:

  • iPhone® App
    • Steps Measurement: Measure the number of steps user takes throughout the day, set steps goal for the day, track number of steps taken as compared to set goal
    • Mindfulness Based Meditation: Participate in audio guided or self-guided mediation sessions, set daily meditation goals, track mood after meditation session.
    • Log mood: Manually log mood at any time of the day and track mood level over time
    • Meditation sessions: Self-Guided, Mini-Meditation, Mindful Walk, Meditation on Activity, Body Awareness Meditation, Mindful Meditation, Compassion Meditation and How and Why to Meditate
  • Apple WatchTM Integration
    • Glance: Shows up-to-date progress of daily goals for steps and mindful minutes
    • Notification: Push notification at random intervals of a day asking user to input their mood
    • App: User can launch the Centered app on the watch to initiate meditation sessions, log mood, update goals, view steps progress towards goal and view progress for last 7 days for activity, mindful minutes and mood

You agree to:

  • Be familiar with your mobile contract and associated wireless fees. You are responsible for any mobile data fees and other third-party charges you may incur in connection with your access, download and use of the app;
  • Allow data associated with this app to be stored in the memory on your mobile phone;
  • Activate the security and privacy settings (for example, passwords and screen locking) on your mobile phone;
  • Protect your unique password from any unauthorized use;
  • Use the app for personal non-commercial purposes only; if you print pages from this app, you may only use them for your own personal use;
  • Ensure that any graphics, text, photographs, images, video, audio or other material you provide to or post on the app does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner(s) of such rights;
  • Exercise caution, good sense and sound judgment in using the app;
  • Transmit any information to or through the app as truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such information;
  • Be responsible for all use of the app by you and by those you allow to use, or provide access to, the app.

You agree to not:

  • Transmit or disclose information about another person or otherwise harass any other person;
  • Delete or revise any content on this website except your own information;
  • Use any device or computer program in order to interfere or attempt to interfere with the proper use of this app in any way, and you agree not to impede or interfere with others’ use of the app;
  • Copy, reprint, modify, lease, distribute, assign, sell content, license, reverse engineer or create derivative works retrieved from this app or any of the third party websites we may provide links to;
  • Send through the app, content containing adware, chain letters, junk mail, unsolicited mass mailings, spam, pyramid schemes, advertisements, personal solicitations or commercial solicitations;

We agree to:

  • Make reasonable efforts to present accurate information in this app; however it is possible that information found in this app may be out-of-date;
  • Provide the content and information in this app on an "AS IS" and "AS AVAILABLE" basis, without any representations or warranties of their correctness, accuracy, reliability, or otherwise.

Privacy Statement

The app will store the personal identifiable information for you and your family that you enter while using the app. This personal identifiable information includes name, date of birth, gender, BMI, and preventive services. We encourage you to keep your personal information up to date – if you need to make changes, you may do so by selecting the Edit option which can be found in the upper right hand corner of the app profile menu.

iOS and HealthKit

iOS is the Apple® platform for mobile apps and includes a new tool for app developers called HealthKit.

As stated on the Apple HealthKit website, "HealthKit allows apps that provide health and fitness services to share their data with the new Health app and with each other. A user’s health information is stored in a centralized and secure location and the user decides which data should be shared with the app."

The HealthKit functionality allows HCSC to access and collect your app data which HCSC uses for utilization metrics.

Flurry

HCSC uses a third-party analytics provider, Flurry Analytics (“Flurry”), to gather certain information about the users of the app. Specifically, a unique identifier is assigned to each app, and that identifier is then used to submit your utilization metrics to Flurry’s servers. This information is then made available to HCSC in order for us to:

  • Track the type of information that users access on the app
  • Evaluate general app activity
  • Troubleshoot any problems with the app
  • Enhance the app experience

In addition, neither HCSC nor Flurry will send your information to any other third-party vendor.

For information about Flurry’s privacy practices, please review their Privacy Statement.

Miscellaneous

Information Displayed in this App
Any medical and health-related information presented in this app is general in nature. HCSC does not furnish or render professional health care services or medical care. Therefore, the information presented in this app is not a substitute for professional medical advice, diagnosis or treatment, nor is it intended to provide you with a specific diagnosis or treatment for a specific ailment. The information is made available to you for educational and informational purposes and does not constitute the practice of medicine and/or as a substitute for consultation with your personal health care provider, nor does it constitute an offer to sell or promote any product or service to residents outside of HCSC’s service area which includes Illinois, Montana, New Mexico, Oklahoma and Texas.

Relationship of the Parties No confidential or other relationship, fiduciary or otherwise, exists between you and HCSC.

Governing Law These Terms of Use and your use of the app are governed exclusively by applicable U.S. federal laws and the laws of the State of Illinois only, without reference to its rules regarding choice of law.

Limitation of Liability You understand and agree that the downloading of the app to your device is at your discretion and risk. You will be solely responsible for any damages to your mobile phone or loss of data that results from such download and use.

HCSC and its licensors have no liability for any damages (whether direct or indirect, special, incidental, consequential or punitive) incurred by you as a result of your use of this app or the information you receive from or submit to this app.

HCSC and its licensors shall have no liability whatsoever for failure of electronic or mechanical equipment or communication, telephone or other connection problems, computer viruses, unauthorized access or interception of data from this app, theft, or errors. Use of an app is unlikely to be uninterrupted or error free. Interruptions of the app will occur from time-to-time for many reasons, such as when mobile coverage is not available from your wireless carrier and outages and periodic maintenance experienced/performed by your wireless carrier.

Ownership and Copyright Protection
All right, title and interest in the content (including software, text and images) and other intellectual property (including trademarks, service marks and copyrights) in this app are solely and exclusively the property of HCSC or its licensors, and are protected by intellectual property laws. Blue Cross, Blue Shield and the Cross and Shield symbols are registered service marks of the Blue Cross and Blue Shield Association, an association of independent Blue Cross and Blue Shield Plans. You acknowledge that content available through the app, including, without limitation, content of third parties is protected by copyright, trademark, patent or other intellectual proprietary rights and laws.

Mediation/Arbitration Provisions

  1. Initial Resolution by Meeting or Mediation of Dispute
    1. HCSC or Authorized User (the "Notice Party"), as the case may be, shall deliver written notice to the other party (the "Receiving Party"), via certified mail, return receipt requested, of the existence of a Dispute (the "Initial Notice"), as follows:

      If to HCSC:
      Health Care Service Corporation
      300 East Randolph Street
      Chicago, IL 60601-5099

      If to Authorized User: At the last known address of record.

    2. The Receiving Party has thirty (30) calendar days following the Notice Party's delivery of such notice to provide a prompt and effective remedy.
    3. If the Receiving Party has failed to provide a prompt and effective remedy within thirty (30) calendar days following delivery of such notice, and the Receiving Party and Notice Party mutually agree that a meeting to attempt to resolve the Dispute would be advantageous, representatives of both parties shall meet not later than thirty (30) calendar days after delivery of the Initial Notice in order to attempt to resolve the Dispute. Subsequent meetings may be held, upon mutual agreement of the parties.
    4. d. If such a meeting has not been mutually agreed upon within thirty (30) calendar days of delivery of the Initial Notice, or if the Dispute has not been resolved within thirty (30) calendar days of commencement of any such meetings, the Notice Party shall submit the Dispute (the "Mediation Submission") to mediation by an organization or company specializing in providing neutral, third-party mediators. The mediation process shall be coordinated by the Notice Party with the mediator and shall be subject to the following agreed-upon conditions:
      1. The parties agree to participate in the mediation in good faith;
      2. The parties agree to have present at the mediation one or more individuals with decision-making authority regarding the Dispute;
      3. Either party may, at its option, be represented by counsel;
      4. The mediation shall be conducted in English;
      5. The mediation shall be held at a mutually agreed upon venue location in or near Chicago, Illinois, within sixty (60) days of the Mediation Submission, unless the parties mutually agree on a later date or an alternate venue location; and
      6. The parties shall each bear their own costs and shall each pay one-half of the venue location fee and the mediator's fees and costs, unless the mediator subsequently determines that one party did not participate in the mediation in good faith, in which case that party shall pay all of the venue location fee and mediator's fees and costs.
  2. Binding Arbitration
    1. Any Dispute or portion thereof that remains unresolved thirty (30) calendar days after a Submission, either HCSC or Authorized User, on Authorized User's own behalf and not as a representative of a purported class, shall submit the Disputes to final and binding arbitration (the "Arbitration Submission") under the commercial rules and regulations of the JAMS/Endispute, subject to the following:
      1. The arbitration shall be conducted by a single arbitrator selected by the parties from a list furnished by the JAMS/Endispute (the "Arbitrator"), provided that in the event of a conflict with the terms of these Mediation/Arbitration Provisions, the terms of these Mediation/Arbitration Provisions shall control. If the parties are unable to agree on such Arbitrator from the list, such Arbitrator shall be appointed by the JAMS/Endispute or in the alternative, each party shall select one arbitrator who, in turn, shall together select the Arbitrator who shall arbitrate the Dispute.
      2. The Arbitrator shall be required to render a written decision resolving all Disputes with the reasons therefore, and designating one party as the "Prevailing Party" within sixty (60) days from the date of the Arbitration Submission.
      3. The costs of arbitration, including the venue location fee, Arbitrator's fee and any reporting or other costs, but excluding lawyers', consultants' and witness fees, shall be borne by the non-Prevailing Party unless the Arbitrator subsequently determines as part of his or her award that such allocation is inequitable under the totality of the circumstances.
      4. Except with respect to any Dispute or portion thereof involving actual or alleged violation of HCSC's or any of HCSC's supplier's intellectual property, the Arbitrator shall not have power to award (A) damages inconsistent with the Terms of Use; or (B) punitive damages or any other damages not measured by the Prevailing Party's actual damages, and the parties expressly waive their right to obtain such damages in arbitration or in any other forum.
      5. Any determination by the Arbitrator with respect to any Dispute shall be final and binding on each party. Judgment upon the award of the Arbitrator may be entered in any court having competent jurisdiction thereof.
    2. Authorized User acknowledges that this Mediation/Arbitration Provisions preclude Authorized User from filing an action at law or in equity and from having any Dispute covered by this agreement resolved by a judge or a jury. Authorized User further acknowledges that these Mediation/Arbitration Provisions preclude Authorized User from participating in a class action or class arbitration filed by any other Authorized User or any other plaintiff claiming to represent Authorized User or Authorized User's interest. Authorized User agrees to opt-out of any class action or class arbitration filed against HCSC that raises claims covered by these Mediation/Arbitration Provisions, including, but not limited to, class actions or class arbitrations that are currently pending.
    3. Notwithstanding the foregoing, each of the parties hereto retains the right to seek judicial assistance to obtain interim measures of protection pending arbitration for alleged or imminent breaches of intellectual property rights, confidentiality restrictions or security obligations. In the event that either party seeks judicial assistance to obtain interim relief, or in the event that any dispute arises relating to arbitration, the sole jurisdiction and venue for such actions shall be the U.S. District Court located in or near Chicago, Illinois, or if there is no federal jurisdiction, in the state courts located in Illinois. Each of the parties to this Terms of Use hereby consents to exclusive personal jurisdiction, service of process and venue in the Illinois courts for such interim measures of protection and for disputes relating to arbitration.

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