PRIVACY POLICY & TERMS OF USE

CDLHealth.com / CDL Health, LLC

Last Updated August 29, 2013

READ THESE TERMS, CONDITIONS, AND POLICIES ("TERMS") CAREFULLY BEFORE USING THIS SITE. By using CDLHealth.com and its web pages and services (the "Site") you agree to these Terms between you and CDL Health, LLC ("CDLHealth" or "CDLHealth.com"). If you do not agree to these Terms, do not use this Site. CDLHealth may revise and update these Terms at any time, and your continued use of the Site means you accept those changes effective immediately. These Terms constitute the entire agreement between you and CDLHealth with respect to the use of the Site and Content.

PRIVACY POLICY

CDLHealth.com (CDLHealth) respects your Privacy. CDLHealth does not sell or give visitor information to third parties for the purpose of direct mail or spamming without visitor permission. However, the personal information you provide lets us inform you about updates to CDLHealth and, if you have elected to receive such information, the products and services of CDLHealth's vendors who we believe may be of interest to you.

Surveys and user Research. CDLHealth also conduct periodic e-mail and Web-delivered surveys to gather information about our audience. We share the aggregate results of these surveys - not individual data - with our vendors to help them better understand our Internet audience and monitor the reach of their advertising on our Site. CDLHealth uses reasonable precautions to keep the personal information disclosed to us secure and to disclose such information only to third parties we believe to be responsible. However, we are not responsible for any breach of security or for any actions of any third parties that receive the information.

Internet. CDLHealth does not rent, sell or exchange information about its customers. Access to customer information is limited to those employees who need it to carry out their business functions. CDLHealth collects personally identifiable information (such as name, address, telephone number or e-mail address) from Site visitors only when visitors voluntarily provide such information. This information may be stored and used by CDLHealth to better understand its customers' needs, to improve CDLHealth products and services, and to contact customers regarding offers that may be of interest to them. CDLHealth also collects information from Site visitors that is not personally identifiable such as the visitor's operating system, browser, domain name, and the specific Web pages on the Site that were visited. CDLHealth may implore the use of a ‘cookie' or similar file to gather information that is not personally identifiable.

LEGAL NOTICES – DISCLAIMERS – WAIVERS – INDEMNIFICATION OF CDLHEALTH.com

The Site Does Not Provide Medical Advice. The contents of the CDLhealth.com Site, such as text, graphics, images, information obtained from CDLhealth.com's licensors, and other material contained on the CDLhealth.com Site ("Content") are for informational purposes only. The Content 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 on the Site.

If you think you may have a medical emergency, call your doctor or 911 immediately. CDLhealth.com does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by CDLhealth.com, our employees, others appearing on the Site at the invitation of CDLhealth.com, or other visitors to the Site is solely at your own risk.

Copyright. All Site design, graphics, text and the selection and arrangement therof, and all software are Copyright© 2013, CDL Health, LLC. ALL RIGHTS RESERVED. Redistribution, retransmission, republication or commercial exploitation of the contents of this Site is expressly prohibited without the consent of CDLHealth. CDLHealth authorizes you to view or download a single copy of the material on the Site solely for your use. If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Age. By using this Site you certify that you are at least 18 years of age. This Site is not designed or intended for those under the age of 18, and we do not interact with or collect information about or from any person we actually know is under the age of 18.

Liability Disclaimer, Limitation on Remedies, Jurisdiction and Governing Law. The use of the Site and the Content is at your own risk. CDLHEALTH IS PROVIDING THIS SITE AND ITS CONTENTS ON AN ‘AS IS' BASIS WITH ALL FAULTS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ITS CONTENTS OR ANY SITE THAT IS LINKED HERETO. TO THE FULLEST EXTENT PERMITTED BY LAW, CDLHEALTH DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, CDLHEALTH DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE OR ANY SITE LINKED HERETO IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION, AS WELL AS OTHER INFORMATION CONTAINED IN THIS SITE, IS SUBJECT TO CHANGE WITHOUT NOTICE. CDLHealth or its licensors have no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the Site or Content.

In no event shall CDLHealth, its licensors, its suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not CDLHealth, its licensors, its suppliers, or any third parties mentioned on the Site are advised of the possibility of such damages. CDLHealth, its licensors, its suppliers, or any third parties mentioned on the Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $100. CDLHealth, its licensors, its suppliers, or any third parties mentioned on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site or Content.

Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred in a court of competent jurisdiction located in Multnomah County, Oregon. These Terms are governed by the internal substantive laws of the State of Oregon, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.

Errors on the Site. Content, prices, and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and CDLHealth reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.

Links and References to Third Parties. The Site contains links to other sites and content operated by third parties. These links are available for your convenience and are intended only to enable access and for no other purpose. CDLHealth does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any third party or its content. A link or reference to a third party does not constitute sponsorship, endorsement, approval or responsibility for any third party or its content.

Termination of use. CDLHealth may, in its sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. CDLHealth reserves the right to change, suspend or discontinue all or any aspects of the Site at any time without prior notice.

Your Indemnification of CDLHealth.com. You agree that you will not upload or transmit any communications or content of any type to the Site that infringe or violate any rights of any party. By submitting communications or content to the Site, you agree that such submission is non-confidential for all purposes, and do not violate trademark, copyright, privacy or any other rights of any other person. If you make any such submission you agree that you will not send or transmit any communication or content that infringes or violates any rights of any party. You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or the Site. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Site passwords or accounts. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD CDLHEALTH, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM, OR ALLEGED TO RESULT FROM, YOUR VIOLATION OF THESE TERMS OR FROM ANY OF YOUR USE OF THE SITE OR CONTENT.

Contact and Notice. You agree to contact and provide all notices to CDLHealth regarding these Terms, the Site, or the Content by emailing support@cdlhealth.com (without any email attachments) or mailing to Liberty Centre, 650 NE Holladay Street, Suite 1600, Portland, OR 97232.

What are CDLHealth's PHR data practices?

We do not release your Personal PHR Data for marketing or advertising, for medical and pharmaceutical research, for reporting about our company and our customer activity, for your insurer, or for developing software applications. Aggregated Statistical PHR data can be used for these purposes. All PHR data requires Limiting Agreements that restrict what third parties can do with PHR data. We stop releasing all your PHR data if you close or transfer your PHR.

We have security measures that are reasonable and appropriate to protect personal information, such as PHR Data, in any form, from unauthorized access, disclosure, or use. All PHR data is stored in the U.S. only.

List of Terms

PHR

"PHR" stands for a web-based Personal Health Record. A web-based PHR is an electronic health data application that can help you collect, manage, and share your health information. Web-based PHRs may be offered by a hospital, insurance company, employer, or a commercial vendor.

PHR Data

When you sign up for a PHR, you provide, or the PHR company or its service providers, import information about you that becomes the PHR Data. Any information in your PHR is considered PHR Data. PHR Data might include, but is not limited to:

• Your name and contact information, such as your address, phone number, or email address
• Your medical history, conditions, treatments, and medications
• Your healthcare claims, health plan account numbers, bills, and insurance information
• Demographic information, such as your age, gender, ethnicity, and occupation
• Computer information, such as your IP address and "cookie" preferences

A PHR company (and its service providers) may use your PHR Data to:

• Operate and manage its PHR platform, software, and website
• Maintain and protect its computer systems
• Comply with the law, such as responding to subpoenas and search warrants

Personal Data and Statistical Data are the two types of PHR Data.

Personal Data

Personal Data is any PHR Data that connects to you as an individual such as names, health conditions, and other identifiers.

Statistical Data

Statistical Data is PHR Data that is 1) grouped so it does not connect to you as an individual and 2) has names and other identifiers removed or altered.

Personal Information

Personal Information includes your PHR Data, as well as any other information about you that can be reasonably linked to you. Personal Information can also include but is not limited to your financial information or social security number.

Reporting

Companies and their services providers might report about their business activities and their customers (you) to others, such as investors, auditors, potential business partners, or public communities.

Limiting Agreements

Limiting Agreements are legally binding agreements that prohibit certain third parties, which are not the PHR company's service providers, from releasing your Personal Data or re-identifying individuals. Third parties can include advertisers, researchers, and others who receive PHR Data.

Service Providers

A service provider is an entity that is hired to perform certain functions for and operate under the direction and control of the PHR company. Service providers may include software or website designers and data storage providers.

Security Measures

Security measures can include computer safeguards, secured files, and employee security training. PHR companies may be required by law to notify you about particular data breaches.

U.S. Only

When PHR Data is stored in the United States, U.S. law enforcement agencies may be able to prosecute if the data is stolen or breached.

Activity Logs

Activity logs are the PHR company and its service providers' records of when PHR Data is created, accessed, modified, deleted, released, or exported in the PHR program.

The practices described in this notice only apply to CDLHealth and its service providers. These practices do not apply to any other organizations, links, websites, programs, or applications that may be available through CDLHealth or its service providers. Always read the policies of any company, website, application, or service where you provide your Personal Information.