End User License Agreement Foundation Health Terms and Conditions I. Welcome Welcome and thank you for visiting the Foundation Health Website ("Website"). We are pleased to offer you access to the Website, which will allow you to review portions of medical records and access other information including: text, graphics and audio/visual files (collectively, the "Materials"). To access the Website, you must accept the Terms of Use. II. Terms of Use, Acceptance of Terms of Use, Privacy and Termination Foundation Health may change the Terms of Use at any time. If Foundation Health makes material changes, we will post a notice on our home page. Your continued use of our Website constitutes your acceptance to the most recent Terms of Use. The Notice of Privacy Practices for Foundation Health is attached to these Terms of Use. By accepting the Terms of Use, you give your written consent to the Notice of Privacy Practices. Foundation Health respects the privacy of your health information and will keep your health information private. You agree to use the Foundation Health Website only for lawful purposes. You may discontinue use of the Website at any time. Your access to the Website may be terminated without notice from Foundation Health if you fail to comply with the Terms of Use. III. Accessing the Website 1. Passwords and User Names. You will be assigned a user name and will choose your password. Do not share them with anyone, as anyone with this information can view medical records and could pretend to be you. If you believe someone may know your password or user name, immediately change your password by going to the My Profile section and following the instructions. IV. Electronic Communication, Chats and Forums Do not share personal medical information that should be kept confidential. Information you provide through Chats and Forums is not protected under confidentiality laws. V. Intellectual Property Rights All Materials and the compilation of all content included on this Website are owned or licensed by Foundation Health and protected by copyright laws All submissions disclosed to Foundation Health in connection with your use of this Website are the exclusive property of Foundation Health. You agree that unless otherwise prohibited by law, Foundation Health may use, sell and disclose those submissions in any manner, without restriction and without compensation. The Materials on this Website are for your personal and non-commercial use. You may not reprint or reproduce any of the Materials for purpose other than your personal use without prior written consent from Foundation Health. You may not provide copyrighted or other proprietary information to Foundation Health without permission from the owner of such material or rights. You are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures. If you believe that your copyrighted work has been copied without your authorization and is available on this Website in a way that may constitute copyright infringement, provide notice of your claim to the Foundation Health eHealth department. If a third party has wrongly filed a copyright infringement notice with Foundation Health against you, and your access to the allegedly infringing material has been disabled, you have the right to provide the Foundation Health eHealth department a counter notification. Foundation Health is the owner of a family of trademarks for its health care services. These may not be used without prior written consent from Foundation Health. VI. Disclaimers and Limitation of Liability You agree that in no event will Foundation Health or its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, "Providers") be liable, including for direct, indirect, incidental punitive and consequential damages, to you, anyone claiming through you, or anyone else for (1) any decision or action taken, or not taken, in reliance upon the Materials or other information contained on or provided through the Website and/or (2) the use or disclosure of medical information through use of the Website. Providers do not warrant that the Website and websites affiliated with Foundation Health will be uninterrupted, error-free, or free of viruses or other defects. The information, products and services published on this Website may contain inaccuracies and may not be current. The Providers make no warranty as to the results that may be obtained from the use of the Website or as its accuracy, reliability, or currency of any information content, service, or merchandise provided. This Website contains several links to other websites. These websites are not under the control of Foundation Health and Foundation Health does not endorse the linked websites. Foundation Health makes no warranties or representations, and disclaims all liability for linked websites. You agree that Foundation Health has no responsibility to you with respect to any material on linked websites. This Website is provided by Foundation Health on an "as is" and "as available" basis. Foundation Health and the Providers make no representations or warranties of any kind, express or implied, as to the operation of the Website or the Materials on this Website. To the full extent permissible by applicable law, Foundation Health and the Providers disclaim the warranties and conditions, express or implied, with regard to the Materials, products and services available on this Website, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. You expressly agree that your use of this Website is at your sole risk. If you are dissatisfied with any Foundation Health Website content, your sole and exclusive remedy is to discontinue your use of this Website. VII. Applicable Law/Jurisdiction This Website is hosted by Foundation Health Partners in the State of Alaska. By visiting Foundation Health's Website, you agree that the laws of the State of Alaska will govern these disclaimers and Terms of Use, without giving effect to any principles of conflicts of laws. You hereby irrevocably and unconditionally consent to jurisdiction in the State of Alaska. VIII. Waiver/Severability The failure of Foundation Health to require or enforce strict performance of any provision of these Terms of Use or to exercise any right under them shall not be construed as a waiver or relinquishment of Foundation Health's right to require strict performance in the future. The provisions of these Terms of Use are intended to be severable. IX. International Users The Foundation Health Website can be accessed from locations around the world. Foundation Health makes no representations that this Website or the Materials available through it are appropriate for use at other locations outside the United States. If you access this Website from a location outside the United States, you are responsible for compliance with all local and/or international laws. X. Security Foundation Health reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring. Contact Us To contact Foundation Health by mail: Foundation Health Partners IT, 1650 Cowles St. Fairbanks, AK 99701, or by email: ServiceDesk@foundationhealth.org — Information Technology Support Center