Your Agreement with UFCW & Employers Benefit Trust and the Healthy Measures website.

Your use of Healthy Measures is governed by this agreement. "Healthy Measures" means the website provided by MedExpert and used for the Healthy Measures incentive program offered by UFCW & Employers Benefit Trust and its subsidiaries or affiliates involved in providing Healthy Measures.

Not Medical Advice

Healthy Measures does not offer medical advice. Any content accessed through Healthy Measures is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. This content should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified healthcare provider if you have any questions about a medical condition, or before taking any drug, changing your diet, or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through Healthy Measures. Call 911 or your doctor for all medical emergencies.

Valid for Use in the United States Only by UFCW & Employers Benefit Trust Members

You may only use Healthy Measures if you reside in the United States and you are a member of UFCW & Employers Benefit Trust, or a spouse of such a member eligible to participate in a UFCW & Employers Benefit Trust health plan.

Your Account and Use of Healthy Measures

Use of the Healthy Measures website (https://medexperthealth.com) is contingent upon participation in the Healthy Measures incentive program offered by UFCW & Employers Benefit Trust. You must provide accurate and complete registration information any time you register to use Healthy Measures. You are responsible for the security of your passwords and for any use of your account. You must immediately notify Healthy Measures of any unauthorized use of your password or account by calling 1-800-999-1999 or by sending an email by following the instructions at this link: https://auth.medexperthealth.com/contact_us. (Note: you do not need to be signed in to the Healthy Measures website to us the foregoing link.)

Your use of Healthy Measures and any content accessed through Healthy Measures must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to use Healthy Measures.

You may not access Healthy Measures other than by the interfaces provided by Healthy Measures or interfere with or disrupt the proper operation of Healthy Measures.

Use of Your Information

If you create, transmit, or display health or other information while using Healthy Measures, you may provide only information that you own or have the right to use. When you provide your information through Healthy Measures, you give Healthy Measures a license to use and distribute it in connection with Healthy Measures and other Healthy Measures services. However, Healthy Measures may only use health information you provide as permitted by the Healthy Measures Privacy Policy and applicable law. Healthy Measures is fully compliant with the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder ("HIPAA").

Content and Services Accessed through Healthy Measures

USE OF THESE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT YOUR OWN RISK. HEALTHY MEASURES MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY CONTENT.

Modification and Termination of Healthy Measures

Healthy Measures may place limits on, modify, suspend or terminate the Healthy Measures website generally, and may suspend or terminate your use of Healthy Measures if you fail to comply with this agreement. This suspension or termination may delete your information, files, and other previously available content.

Changes to this Agreement

Healthy Measures may change this agreement and will post the modified agreement on the https://medexperthealth.com website. If we make a material change in the way we handle personal information, we will post a notice prominently at this website in advance of the change. Continued use of Healthy Measures after the effective date of any changes will constitute your acceptance to the modified agreement.

Exclusion of Warranties

NEITHER HEALTHY MEASURES NOR ANY OF HEALTHY MEASURES'S LICENSORS MAKE ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER HEALTHY MEASURES NOR ANY OF HEALTHY MEASURES'S LICENSORS MAKE ANY WARRANTY THAT THE CONTENT IN HEALTHY MEASURES SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE IF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. CONTENT IN HEALTHY MEASURES IS DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER HEALTHY MEASURES NOR ANY OF HEALTHY MEASURES'S LICENSORS MAKE ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY.

Limitation of Liability

NEITHER YOU NOR HEALTHY MEASURES OR ANY OF ITS LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION.

NEITHER YOU NOR HEALTHY MEASURES OR ANY OF ITS LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN $1,000.

The limitations of liability in this Section do not apply to breaches of intellectual property provisions or indemnification obligations.

General Legal Terms

If you have not signed a separate written agreement related to Healthy Measures, this agreement is the entire agreement between you and UFCW & Employers Benefit Trust related to Healthy Measures, replacing any prior agreements. If there is any conflict between this agreement and a signed written agreement between you and UFCW & Employers Benefit Trust related to Healthy Measures, the signed written agreement will control.

Healthy Measures's Licensors may be third party beneficiaries to this agreement. There are no other third party beneficiaries to this agreement. The parties are independent contractors, and nothing in this agreement creates an agency, partnership, or joint venture.

If Healthy Measures provides you with a translation of the English language version of this agreement, the English language version of this agreement will control if there is any conflict.

Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.

This agreement is governed by California law, excluding California's choice-of-law rules. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS ALAMEDA COUNTY, CALIFORNIA. YOU AND HEALTHY MEASURES CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. Nothing in this agreement limits either party's ability to seek equitable relief.

January 1, 2016