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TERMS OF USE

 

Attain Program Agreement and Terms of Use

 

Last Updated: June 6, 2022

 

This Attain Program Agreement and Terms of Use (the “Agreement”) is an agreement between Aetna Life Insurance Company and its subsidiaries and affiliates (“Aetna,” “we,” “us”) and you. This Agreement applies to your use of the software and/or mobile applications, including the Attain by Aetna app (“Attain App”), and websites that we operate under the brand Attain by Aetna (collectively, the “Software”), and any information, services, goods, or functionality provided by or in connection with the Software, including your participation in the Attain by Aetna Program through or in connection with the Software (collectively, the “Services”). The Attain by Aetna Program offered in connection with the Software is hereinafter referred to as “the Program.”

 

Please read this Agreement carefully and completely before using the Software or the Services. By tapping or clicking “I agree,” “I accept” or any other similar button or box with respect to this Agreement, by installing or using the Software or by using the Services, you agree to be bound by this Agreement, which incorporates by this reference any additional terms and conditions made available to you by Aetna in connection with the Software or the Services.

 

Aetna may modify this Agreement at any time, and such modifications shall have immediate prospective effect following our notifying you of such modifications by any reasonable means, including by making available the modified Agreement through the Software or the Services. Accordingly, you agree to review this Agreement periodically, and, following our making available a modified Agreement, your installation of any new version of the Software, or your continued use of the Software or the Services, shall be deemed your acceptance of the modified agreement. The “Last Updated” legend above indicates when this Agreement was last updated.

 

The information and resources contained on and accessible through the Software and the Services are made available by Aetna, its suppliers and vendors, and other third parties, in each case subject to your agreement to this Agreement. If you do not agree to this Agreement, you may not use the Software or the Services. If you do not agree to the current version of this Agreement, you are not entitled to download the Software or to use the Software or the Services, and you shall terminate the installation process and/or cease all use of the Software and the Services; if you have already downloaded the Software despite this prohibition, you must promptly delete the Software from your device and cease all use of any of the Services.

 

1. Attain by Aetna Participant Program Consent

 

The Program has been created to help motivate and encourage you to improve your overall health and wellness through a personalized app experience. It is offered by Aetna. To participate in the Program, you must meet the eligibility criteria and agree to this Agreement. The Program will give you the opportunity to complete activity goals and earn points that can be redeemed, based on your eligibility, to offset the cost of an Apple Watch and/or to earn gift cards for popular retailers. Rewards earned may be considered taxable income. Please consult your tax adviser if you have any questions regarding the taxability of rewards.

 

As part of the Program, you consent to allow Aetna to use certain health-related data the company previously gathered as part of your regular health plan coverage, and to collect new data to support the functions of the Program. Your data will never be sold or used for any underwriting, premium or coverage decisions and is protected under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

 

Your participation in the Program is completely voluntary and you can withdraw from the Program at any time.

 

Am I eligible to participate?

You are eligible to participate in the Program if you (i) are a member of an eligible Aetna commercial health plan, (ii) reside in the United States, (iii) are at least 18 years old, and (iv) (a) own an iPhone® running iOS 14 or later to use with your own Apple Watch Series 1 or later running watchOS 5 or later; or (b) own a smartphone running Android 9 or later to use with your own Fitbit® tracker or smartwatch that syncs with the Fitbit app.

 

If I sign up for the Program, what am I signing up to receive?

By agreeing to participate in the Program and engaging in certain healthy living activities, you can earn points that can be used to make payments towards an Apple Watch and/or earn gift cards. If you use the Attain App for Android, you will not be able to earn an Apple Watch through the Program. Rewards earned may be considered taxable income. Please consult your tax adviser if you have any questions regarding the taxability of rewards.

 

Through your participation, you are also consenting to receive notifications from the Attain App. These notifications will include messages about healthy living activities and actions that you can complete to earn points, as well as updates about the Program. For example, you may receive a message encouraging you to get a flu shot or complete a certain amount of activity for a set number of days to receive points. You could also receive a notification that reminds you to pick up your prescription when you are at or near a pharmacy. You can disable notifications from the Attain App through Settings on your iPhone or compatible Android device, but data will continue to be shared consistent with your consent to the Program.

 

What happens if I do not complete the suggested activities or actions?

Completing any of the suggested activities or actions is entirely voluntary, but you will only be able to earn points for completed actions. If you’re earning your Apple Watch as part of the Program but do not earn enough points while participating, you will also be responsible for reimbursing Aetna for any remaining costs associated with the Apple Watch.

 

If you are eligible and would like to earn an Apple Watch you will also separately be responsible for agreeing to the “Aetna Installment Agreement” and the “Authorize Ongoing Payment.” You will be able to complete these steps after agreeing to this Agreement.

 

If you have a medical condition that prevents you from meeting your goals, or if your doctor advises you not to take part in certain physical activity, there may be an opportunity for you to earn the same reward by different means. To request an accommodation, you can tap “Settings” in the Attain App to contact us.

 

What data may be used by Aetna as part of Attain?

By agreeing to participate in the Program, you acknowledge that the categories of information listed below (“Program Data”) may be used as described in our Privacy Statement. Most of the Program Data is information that Aetna already has about you as a member of one of its health plans and uses to support and administer your benefits. Aetna may use data it has previously collected about you in order to offer health suggestions and help develop, tailor, and personalize your experience with the Program. This includes data from your Aetna claims and your interactions with Aetna and its affiliates and service providers.

 

Existing Aetna health-related information that may be used as part of the Program includes:

 

  • Contact Information, such as your name, email address, and a signed copy of this Agreement.
  • Demographic information, such as your birth year, gender, zip code, self-reported race/ethnicity, family size, and for your neighborhood, average income and education level.
  • Health conditions and medication information, such as a list of your medications, adherence to those medications, a risk score based on your medical conditions, and history and date of diagnosis of certain diseases and chronic conditions which may include conditions such as substance-related disorders, heart-related conditions, mental health conditions, cancer, genetic information, sexually transmitted and communicable diseases, including HIV/AIDS, and reproductive health information.
  • Health care usage, such as the health care services you use (e.g., hospital, lab, emergency department, primary care provider), total annual health care costs, number of visits to health care providers and health care facilities (e.g., imaging, provider visits), and dates of service.
  • Health care coverage, including type of coverage, and plan sponsor category.

The limited new health-related information that may be collected from or about you as part of your participation in the Program includes:

 

  • Health and fitness information, including data related to sleep, nutrition, activity and active calories, heart rate, body measurements, number of times you have fallen, VO2 max, blood glucose, workout-related information, exercise minutes, geolocation, and demographic information. You can also specifically select which fields to share with Aetna, though reducing the data shared may prevent certain Program functionality. For the health and fitness fields you choose to share with Aetna, we may also collect historical data for the 31 days preceding your enrollment in the Program, where available.
  • Program notifications, such as the specific content of certain Program notifications received, why a notification was sent, when a notification is received, when and the frequency with which you respond to the notifications, and your response to any notifications.
  • Engagement with the Attain App, such as app launches, your responses to any surveys, and rewards earned and when redeemed under the Program.
  • Device and Attain App related information, such as device model, software and app version, and app related logs, such as file generation and upload records.

For a complete list of the data elements that will be shared as part of the Program, you can email Attain by Aetna.

 

Aetna may also engage third parties to support the Program. For example, The Vitality Group, Inc. will help with the adjudication of rewards.

 

What purposes may my data be used for?

Your Program Data will never be sold or used for any underwriting, premium or coverage decisions.

 

The Program Data you share may be used to support, assess, and evaluate the Program, including to adjudicate rewards granted under the Program, to identify and deliver messages that may be of interest to you, to identify correlations between data collected and messages delivered as part of the Program, to support and maintain the Attain App, to develop and refine the Program, and to understand overall Program effectiveness. Aetna may also make you aware of benefits available in your plan that promote healthy living.

 

How long is my consent valid for?

This consent is valid until you withdraw or are withdrawn from the Program. You may be prompted to re-consent to participate in the Program, including in particular if the Agreement or the nature of the Program changes in any material way, such as the inclusion of new categories of data or changes to the purposes for which your information may be used.

 

What happens if I no longer want to participate?

You can stop participating in the Program at any time. You can withdraw from the Program through the Attain App by going to the Settings tab or contacting Attain support at the number listed below. You may also be withdrawn from the Program if you are no longer an eligible Aetna member, or if you engage in any practices that are found to violate any participation terms.

 

If you withdraw or are withdrawn from the Program, no additional data will be collected about you in connection with the Program, however, information that was previously collected about you may continue to be used as described in this Agreement and our Privacy Statement. It may take up to two business days to process any withdrawals.

 

Who can I speak to if I have questions about this consent and the Program?

If you have questions about this consent or the Program generally you can email Attain by Aetna or call 1-833-288-2461 (TTY: 711).

 

Consent

By agreeing to this Agreement, you acknowledge that you have read this consent carefully and that you understand all of its terms, are voluntarily entering into the Program and are electronically executing this Agreement. You understand that you are agreeing to share the Program Data listed above as part of the Program. You also understand that as part of the Program you are consenting to share your data as described in this consent. You understand that all Program Data will only be used as described in this consent and our Privacy Statement, or as otherwise required by law, and that you can withdraw from the Program at any time as described in this Agreement.

 

2. Not a Substitute for Professional Health Care or Advice

 

THE SOFTWARE OR THE SERVICES INCLUDE INFORMATION REGARDING GENERAL PRINCIPLES OF HEALTH CARE MADE AVAILABLE TO YOU FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. THE SOFTWARE AND THE SERVICES DO NOT PROVIDE AND ARE NOT A SUBSTITUTE FOR MEDICAL ADVICE, JUDGMENT, DIAGNOSIS, AND/OR TREATMENT FROM A HEALTH CARE PROVIDER. THE SOFTWARE IS NOT A MEDICAL DEVICE INTENDED FOR THE DIAGNOSIS, MITIGATION, OR TREATMENT OF ANY DISEASE, HEALTH CONDITION, OR HEALTH PROBLEM. THE SOFTWARE AND THE SERVICES DO NOT MONITOR YOU FOR HEALTH ISSUES.

 

IF YOU ARE NOT FEELING WELL OR HAVE ANY HEALTH CONCERNS OR QUESTIONS, PLEASE CONTACT AN APPROPRIATE HEALTH CARE PROFESSIONAL. IF YOU ARE EXPERIENCING A MEDICAL CRISIS, CALL 911 OR CONTACT YOUR LOCAL EMERGENCY ASSISTANCE SERVICE IMMEDIATELY.

 

You should consult with a professional health care provider prior to making any decisions, undertaking any actions, or not undertaking any actions related to any health care problem or issue or your medications. You should never disregard, avoid, alter, or delay obtaining medical advice from a licensed practitioner because of information in the Software or the Services. You should consult with your health care provider before starting or adjusting your diet, fitness, medication, or supplement regimen. Exercise involves inherent risks, including risk of injury. Certain exercises may not be appropriate for everyone or may pose risks even if you are in good health.

 

The Software and the Services do not provide comprehensive information concerning any particular disease or medical condition. Proper treatment of health conditions depends upon a number of factors, including among other things, your complete medical history, diet, lifestyle, and medication regimen. The Software and the Services do not take all of these factors into account when providing educational information. Only your health care provider can provide medical advice to assess and address your individual health care needs. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any device, drug, herb, vitamin, or supplement discussed in the Software or the Services. Aetna does not endorse or verify manufacturers’ or others’ claims about the safety or efficacy of these or any other products.

 

No statements made in the Software or the Services have been evaluated by the Food and Drug Administration.

 

3. Notice of Reasonable Alternative Standard

 

Rewards for participating in the Program are available to all eligible members. If you think you might be unable to meet a standard for a reward under the Program, you might qualify for an opportunity to earn the same reward by different means. Contact us at 1-833-288-2461 (TTY: 711) and we will work with you (and, if you wish, your healthcare provider) to provide a reasonable alternative with the same reward that is right for you in light of your health status.

 

4. Tax Treatment

 

The rewards earned through the Program may be taxable. You may wish to consult with a tax adviser as to the proper tax treatment of any incentive/reward.

 

5. License

 

Subject to your compliance with this Agreement, and solely for so long as you are permitted by Aetna to use the Software, Aetna grants to you a limited, non-transferable, non-exclusive, non-assignable, revocable license (without right of sublicense) to install and use the Software on your device solely for your personal, non-commercial use. The Software is licensed, not sold, to you.

 

You have no ownership rights in, or related to, the Software or the Services. As between Aetna and you, Aetna retains all right, title, and interest in and to the Software and the Services (including any changes, modifications, or corrections thereto).

 

6. Location Based Services

 

By downloading the Software and enabling your Bluetooth capabilities and/or location-based services on your device, you expressly consent to Aetna or its suppliers or vendors collecting the precise location information of your device. This information may be used in accordance with our Privacy Statement. Please see our Privacy Statement for further information.

 

7. United States Only Restriction

 

The Software and the Services, including the information pertaining to Aetna, are intended for use only by residents of the United States, and are not intended to subject Aetna to any non-U.S. jurisdiction or law. The Software and the Services may not comply with legal requirements of foreign countries. Other countries may have laws, regulatory requirements and medical practices that differ from those in the United States. Any portion of the Software, the Services or any other product or service provided by Aetna is void where and to the extent prohibited by law, and you may not use the Software or the Services where it would be illegal to do so. We may limit the availability of the Software or the Services at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

 

8. Usage Rules and Requirements

 

You agree that your use of the Software and the Services shall be subject to and governed by any use requirements applicable to the Software or the Services that are established from time to time by Aetna or otherwise made available to you by Aetna. You agree to use the Software and the Services only in accordance with these requirements.

 

You acknowledge that the Software and the Services contain proprietary trade secrets of Aetna and/or its licensors and suppliers. You may not (a) submit any automated or recorded requests to the Software or the Services unless otherwise approved by Aetna; (b) access the Software or the Services with software or other means other than the Software; (c) copy, reproduce, port, translate, modify, distribute, sell, rent, lease, loan, timeshare, create derivative works based on, or otherwise exploit the Software or the Services or in any other manner duplicate the Software or the Services, in whole or in part; (d) decompile, disassemble, reverse engineer, or otherwise attempt to derive, reconstruct, identify, or discover any source code, underlying ideas, or algorithms of the Software or the Services by any means, except to the extent the foregoing restriction is prohibited by applicable law; (e) remove any proprietary notices, labels, or marks from the Software or the Services; (f) use the Software or the Services for purposes of comparison with or benchmarking against products or services made available by third parties; or (g) knowingly take any action that would cause the Software or the Services to be placed in the public domain. You agree to use the Software and the Services only for lawful purposes. You agree not to interrupt or attempt to interrupt the operation of the Software or the Services in any way. Any conduct by you that, in our sole discretion, restricts, inhibits, or interferes with the ability of any other user to enjoy the Software or the Services (including by means of hacking or defacing any portion of the Software or the Services, or by engaging in spamming, flooding, or other disruptive activities, including with respect to the servers or networks used to make the Software and the Services available) will not be tolerated. You are strictly prohibited from communicating on or through the Software or the Services any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

 

You must not (a) transmit or otherwise make available through or in connection with the Software or the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware, ransomware, or other computer code, file, or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment; (b) harvest or collect information about users of the Software or the Services; or (c) systematically download and store Services content.

 

We reserve the right to terminate or suspend your access to and use of the Software or the Services without notice, if we believe, in our sole discretion, that your actions are in violation of any applicable law or are harmful to our interests or the interests, including intellectual property or other rights, of another user or other third-party partners, affiliates, sponsors, providers, licensors, or merchants.

 

With respect to any information you provide, you agree to provide true, accurate, current, and complete information about yourself. It is your responsibility to maintain and promptly update this account information to keep such information true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or if we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of the Software or the Services. Because any termination of your access to the Software or the Services may be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Software or the Services. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or the Software or the Services.

 

In connection with creating or maintaining an account, you may be asked to supply a user name and password, and/or a biometric identifier (such as a fingerprint or photograph of your face), or a personal identification number (PIN) or other access credential (collectively, “Access Credentials”) in order to use the Software and/or any or all of the Services. Further, the Software may use or permit the use of authentication technologies (“Authentication Technologies“) in connection with your use of the Software and/or any or all of the Services, including in connection with your Access Credentials.

 

YOU ACKNOWLEDGE AND AGREE THAT, IF THE SOFTWARE USES OR PERMITS USE OF BIOMETRIC-BASED AUTHENTICATION TECHNOLOGY, ANYONE WITH A RELEVANT BIOMETRIC IDENTIFIER (SUCH AS A FINGERPRINT) STORED ON YOUR DEVICE MAY HAVE ACCESS TO YOUR ACCOUNT AND BE MAY BE ABLE TO USE THE SOFTWARE AND/OR ANY OR ALL OF THE SERVICES (INCLUDING TO MAKE OR ENGAGE IN TRANSACTIONS).

 

You are responsible for maintaining the confidentiality of your Access Credentials and are fully responsible for all activities that occur in connection with your Access Credentials. You agree to immediately notify us of any unauthorized use of your Access Credentials or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Software or the Services using your Access Credentials.

 

We may refuse to grant you an Access Credential requested by you that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. For security reasons, Access Credentials must be non-obvious, hard-to-guess, confidential, and changed on a regular basis, and you must log out at the end of each session. All Access Credentials remain the property of Aetna, and may be cancelled or suspended at any time by Aetna without any prior notice or any liability to you or any other person. Aetna is not under any obligation to verify the actual identity or authority of the user of any Access Credential. If Aetna, in its sole discretion, considers an Access Credential to be insecure, then Aetna may cancel such Access Credential.

 

Aetna is not required to host, display, or distribute any information you submit through the Software and may remove at any time or refuse any information you submit through the software for any reason. The Software and the Services are not designed or intended to be used as a disaster recovery or emergency data storage facility and you are responsible for creating and maintaining copies of information you submit through the Software prior to posting, uploading, or otherwise submitting such information.

 

Any sweepstakes, contests, raffles, surveys, games or other promotions (collectively, “Promotions”) made available through the Software or Services may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Statement. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern with respect to such Promotion.

 

9. Content, Copyrights, and Trademarks

 

The Software and any related documentation including the content made available by Aetna through the Software or the Services (collectively, the “Content”) is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Aetna and/or its licensors and suppliers. Any copyright or trademark notices may not be deleted or altered in any way. Our copyrights and trademarks may not be used in connection with any products or services that are not ours, or in any manner that is likely to cause confusion or otherwise violate our rights.

 

As between Aetna and you, Aetna owns all the Content, including text, graphics, legends, customized graphics, original photographs, data, images, music, audio and video clips, typefaces, titles, button icons, logos, designs, words or phrases, page headers, and software as well as the design, coordination, arrangement, enhancement, and presentation of this material. Copying, publishing, broadcasting, re-broadcasting, webcasting, transmitting, modifying, deleting, augmenting, distributing, downloading, storing, reproducing, sublicensing, adapting, creating derivative works of this Content, or posting this Content or selected portions of this Content in any manner on any network computer, broadcast media, or other technologies existing now or hereinafter developed for unauthorized publication or commercial use without the prior written consent of Aetna is strictly prohibited. Except as expressly provided herein, you may not copy, modify, publish, transmit, sell, offer for sale, or redistribute the Content in any way without the prior written permission of Aetna. You hereby agree not to reproduce, duplicate, copy, sell, resell, decompile, disassemble, or exploit for any commercial purposes any portion of the Software, the Services, or Content, or to collect any information about Software or Services users. No title, rights, or interests in any downloaded materials via the Software or the Services are afforded to you as a result of such downloading for personal, noncommercial use. You may not assign this Agreement or any of the rights or licenses granted under this Agreement or rent, lease, or lend the Software or the Services to any person or entity. Any attempted sublicense, transfer, or assignment in violation of this Agreement is void. We may assign, transfer, or sublicense any or all of our rights or obligations under this Agreement without restriction.

 

The names, logos, and materials displayed in connection with the Software or the Services, including the Aetna logo, Aetna, Attain, Attain logo, and Attain by Aetna, constitute trademarks, trade names, service marks, or logos (“Trademarks”) of Aetna or other entities. Ownership of all Trademarks and the goodwill associated therewith remains with Aetna or those other entities, and nothing contained in this Agreement, the Software, or the Services should be construed as granting any right to use any Trademarks without the prior written consent of the owner of such Trademarks.

 

Any third-party Trademarks contained in or used by the Software or the Services are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall be for the benefit the trademark owner. The use of such third-party Trademarks is intended to denote interoperability and does not constitute (a) an affiliation by Company and its licensors with such company; or (b) an endorsement or approval of such third-party companies and its licensors and its products or services. Apple, the Apple logo, Apple Watch, HealthKit, and iPhone are trademarks of Apple, Inc., registered in the U.S. and other countries. Android is a trademark of Google LLC. Fitbit is a registered trademark of Fitbit LLC and/or its affiliates.

 

10. Suggestions and Feedback

 

You may elect to provide or make available to Aetna any suggestions, comments, ideas, improvements, or other feedback or materials, whether related to the Software or the Services or otherwise (collectively, “Suggestions”).

 

Subject to the limitations set forth in our Privacy Statement, you hereby grant to Aetna and its affiliates, representatives, and assigns an irrevocable, perpetual, non-exclusive, fully-paid, world-wide license (sublicensable through multiple tiers) to use, analyze, distribute, reproduce, modify, adapt, derive, publish, translate, publicly perform, publicly display, and otherwise exploit your Suggestions (in whole or in part), in any format or medium now known or later developed for any purpose, whether in connection with the Software or the Services or otherwise.

 

Subject to the limitations set forth in this Agreement and our Privacy Statement, any Suggestions that you send through the Software or the Services are and will be deemed to be non-confidential, and Aetna shall have no obligation of any kind with respect to such information. Aetna will be free to (but has no obligation to) monitor, analyze and disclose Suggestions (and to authorize others to do the same) in any manner, and you will gain no right, title or interest in or to the Software or the Services by virtue of Aetna doing so. Aetna shall be free to (but has no obligation to) use any ideas, concepts, know-how or techniques contained in such Suggestions for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products.

 

You agree that you are solely responsible for all of your Suggestions You represent and warrant that: (a) you own all rights in your Suggestions or, alternatively, you have acquired all necessary rights in your Suggestions to enable you to grant to Aetna all of the rights described herein; and (b) your Suggestions do not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Suggestion that you may have under any applicable law under any legal theory.

 

11. Changes and Updates to the Software or the Services and Compatibility

 

Aetna will have no obligation to provide the Software or the Services, may change the form and nature of the Software or the Services at any time with or without notice to you, and may cease providing the Software or the Services at any time with or without notice to you.

 

Aetna may choose to provide updates to the Software from time to time in its sole discretion. To the extent that you choose to download or use any such updates to the Software, you acknowledge that you will be bound by the version of this Agreement which is applicable as of the time you download and use any such update to the Software.

 

Aetna does not represent or warrant that any version of the Software or the Services will be compatible with any hardware or software versions or applications (including any future versions or updates of your phone, tablet, computer, or its operating system) or provide the same functionality that is provided by the current version of the Software or the Services. The Software or the Services may not be compatible with your hardware or software versions or applications (including any specific versions of your phone, tablet, computer, or its specific operating system). Aetna does not undertake any obligation to provide the Software or the Services to you in a way that is compatible with your hardware or software.

 

12. Privacy

 

Your submission of information through the Software is governed by our Privacy Statement.

 

Anyone with access to your device may have access to notifications from the Software. If you share a device with others, consider carefully whether to set the device to receive notifications that you consider to be confidential. Remember to secure access to devices that you use to access the Software or the Services if you want to keep your reminders, notifications, or any other information relating to your account confidential.

 

Please note that certain information, including the physical location of your device, may be collected automatically by the Software or the Services, as described in our Privacy Statement.

 

13. Monitoring Use

 

Aetna reserves the right (but does not have the obligation) to elect to electronically monitor use of our Software and our Services (including electronic communications made in connection with the Software and the Services) and may disclose any content, records, or electronic communication of any kind if permitted to do so by any applicable law, regulation, or government request, if such disclosure is necessary or appropriate to operate the Software or the Services, or to protect our rights or property, or the rights of the users, partners, affiliates, sponsors, providers, licensors, or merchants. If alerted to allegedly infringing, defamatory, damaging, illegal, or offensive content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content.

 

14. Responsibility for Hardware, Software, Telecommunications and Other Services

 

You are responsible for obtaining, maintaining and paying for all hardware, software and all telecommunications and other services needed for you to use the Software and the Services.

 

In particular, you acknowledge that by using the internet to use the Software or the Services, you may incur charges from your wireless carrier, internet service provider, or other method of internet access, and that payment of any such charges will be your sole responsibility. Aetna does not control wireless or internet access. Your use of these networks may not be secure and may expose your personal information sent over such networks.

 

15. Products and Transactions

 

The selection of gift cards that may be available through the Software and the Services is subject to change at any time without notice to you. The merchants referenced in the Software are not sponsors of the Program and are not otherwise affiliated with the Program. Their logos and other identifying marks are the trademarks of and/or are owned by each referenced company and/or its affiliates. Please visit each company’s website for additional terms and conditions.

 

Please note that references to or descriptions or images of products or services (or related coupons or discounts) available through the Software or the Services should not be interpreted as endorsements of such products or services and such products or services may be made available by Aetna or by third parties. Resale of products or services purchased in connection with the Software or the Services is specifically prohibited. We reserve the right to refuse to offer products or services to you if it reasonably appears to us that you intend to resell such products or services. Verification of information may be required prior to our acceptance of any order. Your properly completed and delivered order form constitutes your offer to purchase the goods or services referenced in your order, and your order shall be deemed to be accepted only if and when Aetna or its supplier or vendor sends an order acceptance and shipping notice to you.

 

Price (including the validity of any coupon or discount), quantity, availability of any product or service, and shipping methods and shipping rates, and any other information, descriptions or images available through the Software or the Services regarding any products or services, are subject to change without notice. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession, use, and sale of any products or services available through the Software or the Services. By submitting any information through the Software or the Services in connection with ordering any products or services, you grant to us the right to provide such information to third parties for purposes of facilitating such purchase. Verification of information may be required prior to the acknowledgment or completion of any transaction. Further terms and conditions related to transactions in connection with the Software or the Services may apply.

 

16. Electronic Communications

 

When you send electronic communications, including emails or text messages, to us, you are communicating with us electronically and consent to receive return communications, if any, from us electronically, including through the Software or the Services, or otherwise. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

17. Resources

 

Although Aetna reserves the right to correct any errors, omissions, or inaccuracies, we do not accept any responsibility for the accuracy, reliability, currency, or completeness of any information, Content, materials, services, products, merchandise, functionality or other resources (collectively, “Resources”) available on or accessible through the Software or the Services (even typographical or imaging errors), including the substance, accuracy, or sufficiency of any service or product information listed on the Software or the Services. Resources may be made available by Aetna or by third parties, and may be made available for any purpose, including for general information purposes. We make no representations, warranties or guarantees as to the availability, completeness, accuracy, reliability, validity or timeliness of any or all of the Resources.

 

18. Third Party Resources

 

The Service may contain links to, or otherwise make available, third-party sites, services, products, information, content, materials, merchandise, functionality and/or other resources (“Third Party Resources”). These links and access are provided for your convenience and reference only. We do not control such Third Party Resources and, therefore, we are not responsible for such Third Party Resources, or any content posted on or made available by such Third Party Resources. Be aware that Aetna does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about such Third Party Resources, including without limitation the security of any Materials, or the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on or made available by such Third Party Resources or any other Internet sites. We reserve the right to terminate such links or such access at any time. The fact that we offer such links or access should not be construed in any way as an endorsement, authorization, or sponsorship of such Third Party Resources, or any content made available thereby. Because some Third Party Resources employ automated search results or otherwise link you to Third Party Resources containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in or made available by Third Party Resources and you hereby irrevocably waive any claim against us with respect to such Third Party Resources. Your use of any Third Party Resources is subject to the Third Party’s terms, conditions and policies applicable to such products, services or materials (such as Terms of Service or Privacy Policies of the providers of such products, services or materials). Aetna is not responsible for the privacy and security of any information you share with that Third Party. When you elect to receive these services from a Third Party, you agree to hold that Third Party responsible for any unauthorized use or disclosure of your personal information.

 

19. Disclaimer of Warranty

 

Aetna does not accept any liability for the consequences arising from the application, use, or misuse of any information on the Software or the Services, including any injury and/or damage to any person or property as a matter of product liability, negligence, or otherwise.

 

YOUR ACCESS AND USE OF THE SOFTWARE, THE SERVICES, RESOURCES, AND THIRD PARTY RESOURCES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, CONTENT, SERVICES, PRODUCTS, MATERIALS, UPLOADS, AUTHENTICATION TECHNOLOGIES, AND ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH OR IN CONNECTION WITH ANY OF THE FOREGOING (COLLECTIVELY, THE “OFFERING”), IS SOLELY AT YOUR OWN RISK.

 

AETNA AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE SUPPLIERS, VENDORS, LICENSORS, CO-BRANDERS, PARTNERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (EACH AN “AETNA PARTY” AND, COLLECTIVELY, THE “AETNA PARTIES”) DISCLAIM ALL WARRANTIES WITH RESPECT TO THE OFFERING, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR USE OR PURPOSE.

 

THE OFFERING IS PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE OFFERING IS WITH YOU. SHOULD THE OFFERING PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR.

 

THE AETNA PARTIES MAKE NO GUARANTEES AND DISCLAIM ANY IMPLIED WARRANTY OR REPRESENTATION ABOUT THE OFFERING’S ACCURACY, RELEVANCE, TIMELINESS, OR COMPLETENESS. THE AETNA PARTIES DO NOT WARRANT THAT THE OFFERING WILL MEET YOUR REQUIREMENTS IN ANY RESPECT OR BE AVAILABLE AT ANY PARTICULAR TIME, OR THAT THE OPERATION OF THE OFFERING WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS IN THE OFFERING OR NONCONFORMITY TO ITS DOCUMENTATION CAN OR WILL BE CORRECTED.

 

YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO AETNA TO GRANT THE LICENSE CONTAINED IN THIS AGREEMENT AND TO PROVIDE YOU WITH ACCESS TO THE OFFERING.

 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE AETNA PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIALS OR RESOURCES OBTAINED THROUGH OR USING THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT ANY PASSWORD PROTECTION, ACCESS CREDENTIALS, AUTHENTICATION TECHNOLOGIES OR OTHER SECURITY MEASURES WILL PREVENT UNAUTHORIZED TRANSACTIONS OR ACCESS TO UPLOADS.

 

20. Limitation of Liability

 

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY AETNA PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS), OR ANY DAMAGES WHATSOEVER ARISING OUT OF ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE USE (OR INABILITY TO USE), OPERATION, AVAILABILITY OR PERFORMANCE OF THE OFFERING (OR ANY PORTION THEREOF), OR YOUR RELIANCE ON THE OFFERING (OR ANY PORTION THEREOF), EVEN IF ANY AETNA PARTY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE OFFERING (INCLUDING ANY AUTHENTICATION TECHNOLOGIES) MAY NOT BE SECURE, AND THAT PRIVACY AND SECURITY RISKS CANNOT BE ELIMINATED. ACCESS CREDENTIALS AND AUTHENTICATION TECHNOLOGIES MAY NOT PREVENT UNAUTHORIZED TRANSACTIONS OR ACCESS TO YOUR ACCOUNT OR UPLOADS.

 

The Aetna Parties are not liable for the unauthorized use of Resources, including such unauthorized use by any websites.

 

The Aetna Parties do not guarantee the sequence, accuracy, or completeness of any information or content available through the Offering and shall not be liable in any way to you or anyone else who may use the information or content or to whom the information or content may be furnished, for any delays, inaccuracies, unavailability, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising therefrom or occasioned thereby. The Aetna Parties do not accept any responsibility for technical failures or for unauthorized access of user transmissions by third parties.

 

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that an Aetna Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty will be equal to the minimum permitted under such applicable law and the extent of the Aetna Parties’ liability will be equal to the greater of the amount you paid for the Software or the Services or the minimum permitted under such applicable law.

 

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SOFTWARE AND THE SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

 

21. Indemnification

 

Except to the extent prohibited under applicable law, you agree to indemnify, defend and hold harmless the Aetna Parties from and against all liability, claim, losses, expenses, damages and costs, including reasonable attorneys’ fees, related to or arising out of your use of the Software or the Services (including any of your Uploads and your use of Resources) or any violation by you of this Agreement.

 

22. Termination

 

You may terminate this Agreement at any time by withdrawing from the Program through the Attain App by going to the Settings tab or contacting Attain support at the number listed below. All rights granted to you under this Agreement will immediately terminate if you violate any of the terms of this Agreement or if this Agreement is terminated, but all other provisions of this Agreement (other than with respect to our right to modify this Agreement, the Software or the Services) will survive any such violation or termination.

 

Aetna or its suppliers or vendors may at any time and for any reason, with or without cause, and in their sole discretion, immediately: (a) suspend or terminate (in whole or in part) your authorization to use the Software or the Services and any account you may have; (b) suspend or terminate and permanently delete and destroy any Access Credential, URL, IP address, or domain name; (c) remove from the Services and permanently delete and destroy any Uploads (or any components thereof) that you or others may have posted or submitted to the Services (and for purposes of this Agreement, “posted” and “submitted” includes transmission on or through the Internet and in hardcopy format through facsimile or post) for any reason or no reason; (d) restrict access to the Uploads posted or submitted to the Services and to any account you may have; and (e) prohibit you from any future use of the Software or the Services; all without any prior notice or liability to you or any other person.

 

Without limiting the foregoing, if this Agreement is terminated for any reason, then: (a) you may no longer use the Software or the Services, and you must promptly delete the Software from your device and cease all use of any of the Services; (b) this Agreement will continue to apply and be binding upon you in respect of your prior use of the Software and the Services, including your indemnification obligations; (c) Aetna may immediately remove from the Services and permanently delete and destroy any Uploads that you or others may have posted or submitted to the Services without any prior notice or liability to you or any other person; and (d) any fees and charges previously paid by you for unused services will not be refunded.

 

23. Export Laws

 

The United States restricts the export and re-export of commodities and technical data of United States origin, including the Software. You agree that you will not export or re-export the Software in any form in violation of the laws of the United States or any foreign jurisdiction. By installing or using the Software, you represent and warrant that you are not (a) located in, or a national or resident of, any country subject to a U.S. government embargo or other restriction; or (b) on the United States Treasury Department’s list of Specially Designated Nationals, the U.S. Commerce Department’s Table of Denial and Prohibition Orders, or any other U.S. government list of restricted end users.

 

24. Governing Law

 

This Agreement, your use of the Software and the Services, all transactions through the Software and the Services, and all related matters, regardless of your location, are governed solely by, and construed solely in accordance with, the laws of the State of New York, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. This Agreement will not be governed by the U.N. Convention on Contracts for the International Sale of Goods.

 

25. Aetna products and services offerings

 

“Aetna” is the brand name used for products and services provided by one or more of the Aetna group of subsidiary companies.

 

The product and/or services descriptions, if any, provided on this site are not intended to constitute offers to sell or solicitations in connection with any product or service. All products are not available in all areas and are subject to applicable regulation areas and in many instances may be offered only through employers or other plan sponsors. Specific products may not be available in both self-funded and insured forms.

 

Covered services and preferred benefits are provided under the terms of the applicable plan contract, including limitations and exclusions.

 

Anyone interested in a particular product should contact their local Aetna representative to determine whether the product and/or service is available in their jurisdiction, and to request a copy of the applicable policy or prospectus for a complete description of the product and/or service in question.

 

26. Not a Solicitation

 

Nothing in the Software should be construed as a solicitation or offer to purchase coverage from Aetna or any of its affiliated companies.

 

27. Miscellaneous

 

This Agreement is the entire agreement between you and Aetna with respect to the Software and the Services and supersedes any previous oral or written communications or documents (including, if you are obtaining an update, any agreement that may have been included with an earlier version of the Software) concerning the Software or the Services.

 

If any provision of this Agreement is found to be invalid or unenforceable, it will be enforced to the extent permissible and, to the extent invalid or unenforceable, such provision shall be deemed modified to the most limited extent necessary to be valid and enforceable, in accordance with applicable law, while still as fully as possible carrying out the intent of the original provision, and the remainder of this Agreement will remain in full force and effect.

 

Failure by Aetna to prosecute any right with respect to a default hereunder will not constitute a waiver by Aetna of the right to enforce rights with respect to the same or any other breach.

 

28. Contact Us

 

If you have questions about this Agreement or the Program generally you can email Attain by Aetna or call 1-833-288-2461 (TTY: 711).

 

California residents may reach the Consumer Information Center of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 1-916-445-1254 or 1-800-952-5210.

 

Software copyright © 2022 CVS Health or one of its affiliates.