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Castlight Health Terms of Use

Last Updated May 12, 2017

Welcome to the us.castlighthealth.com website (including its subpages) and our mobile app (Castlight Mobile), collectively, “Sites”). The Sites provide a United States based service (the “Service”) offered by Castlight Health, Inc., a Delaware corporation (“Castlight”). Please take a minute to ensure that you understand the terms and conditions of our relationship by reading this important information, which includes certain limitation of liability and indemnification provisions applicable to your use of the Service.

These Terms of Use are an agreement between Castlight and users of its Service (“you” or “user”). BY CLICKING ON “I AGREEBELOW OR USING THE SERVICE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. We reserve the right to update or change these Terms of Use at any time and for any reason, however, if we make material changes, we will notify registered users by e-mail, post a notice on our home page or alert you to such changes by other similar means. By continuing to use the Service, you agree to accept any such revisions. The date of the last update is stated at the top of this document. As long as you comply with these Terms of Use, as revised, and are at least eighteen (18) years of age, Castlight grants you a personal, non-exclusive, non-transferable, non-sublicenseable, revocable, limited privilege to use the Service.

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form; and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, Castlight has the right to terminate your account and refuse any and all current or future use of the Service.

These Terms of Use expressly incorporate herein by reference the provisions of our Privacy Statement found at https://us.castlighthealth.com/v2/privacy. Our Privacy Statement discloses Castlight’s practices regarding the collection and use of your personal information. By agreeing to these Terms of Use, you are also agreeing to the terms of our Privacy Statement and consenting to the use and disclosure of information provided to us as outlined therein. You should also read other policies that govern other parts of our Sites.

If you accept these Terms of Use and register for the Service, but later decide that you want to deactivate your account, please contact Customer Support at 888-722-0483 and a Castlight Guide will verify your identity and complete your request. By deactivating your account as set forth above, you will also revoke any consents you have provided herein.

1. LIMITATIONS

Rely at Your Own Risk: Reliance on information provided through the Services is solely at your own risk. You should exercise independent judgment before applying any information provided through the Services to your own financial and health management needs, or otherwise relying on other information. No one person’s financial or health care needs are the same; therefore, there is no guarantee that information provided is accurate for or applicable to your particular circumstances.

Changes to the Sites or Service: You acknowledge that while we make an effort to keep you updated on important changes, such as by notifying you at login that a new Terms of Use is available for review, the Sites and Service may be changed or updated at any time for any reason without direct notice to you and information may not always be up to date. Castlight may also make changes in, or discontinue products, services or programs offered at any time with or without notice. We reserve the right to remove, screen, edit, or reinstate content, including third party and user content, from time to time at our sole discretion and without notice to you. For example, we may remove a review if we believe it violates our guidelines. We have no obligation to retain or provide you with copies of content, nor do we guarantee any confidentiality with respect to user content.

Not Professional Advice: Neither Castlight nor the Service is intended to provide legal, medical, healthcare coverage, tax or financial advice. Castlight is not, and is not an agent of, a health care provider, health plan, broker or tax or financial advisor. The Service is intended only to assist you in the organization of and decision-making process related to your health care coverage and payment options and is broad in scope. Your personal situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial or health care strategy, you should consider obtaining additional information and advice from your health care provider, health plan, advisor, broker or others who are fully aware of your individual circumstances.

The drug information in the Service is intended to supplement, not substitute for, the expertise and judgment of your healthcare professional. The information is not intended to cover all possible uses, directions, precautions, drug interactions or adverse effects, nor should it be construed to indicate the use of a particular drug is safe, appropriate or effective for you. You should consult your healthcare professional before taking any drug, changing your diet or commencing or discontinuing any course of treatment.

Not Responsible for Coverage Determinations: Castlight will provide assistance to help you understand your health care coverage and payment options. Statements, interpretations, advice or opinions by Castlight regarding health care coverage and/or payment options are solely provided to assist you with your decision making and are based on Castlight’s review of information available to Castlight regarding your plan (which may or may not be complete and/or current) and information provided to Castlight by you. The ultimate decision on whether a procedure or drug is covered, and to what extent coverage may be provided, rests solely with your health plan.

Educational Resources: Castlight may make available self-care informational services which provide general medical and health information. These communications and resources are not comprehensive medical texts and do not include all the potential information regarding a subject matter. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific medical diagnosis and treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by Castlight. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment.

User Reviews: User reviews submitted through the Service are considered informational only and are not intended to – and do not – constitute professional advice with respect to the information provided. User reviews are based on personal experiences of users that may not be complete, comprehensive, representative of, or applicable to your individual circumstances. Please consult your health care provider, health plan, advisor, broker or other relevant professional regarding your specific situation.

Should you choose to submit a user review to the Service, you agree that: (a) you will not submit with your user review any PHI (as further defined below) or other personally identifiable information relating to you or any other individual which, together with other information, may be used to identify you or any other individual; (b) your user review is accurate and does not violate these Terms of Use, including the Restriction on Use set forth in greater detail in Section 5 below; © you own or otherwise control and are responsible for the content of your user review and assume all risks associated therewith, including anyone’s reliance on its quality, accuracy, or reliability; and (d) Castlight retains the absolute right and sole discretion to publish, post, display, remove, screen, edit, or reinstate your review without notice to you.

2. RIGHTS YOU GRANT TO US AND ASSOCIATED THIRD PARTIES

With the Service, you permit Castlight to retrieve your or your minor dependents’ information maintained online by your financial institution or third party administrators of your health plans or other third parties with which you engage in healthcare transactions (“Account Information”). In particular, if you have a HSA, FSA or HRA Account, you hereby provide your consent to your financial institution or third party custodian (“Custodian”) sharing your available HSA or HRA balance in your HSA, FSA or HRA account with Castlight for purposes of providing the Service. You understand that your HSA, FSA or HRA account is separate and not part of your health plan. You further consent to a secure single sign-on with the Service to connect to or from any third party service with your Account Information, including but not limited to the Custodian of your HSA, FSA or HRA accounts, and you acknowledge that anyone using the Sites with your credentials will also have full access to, and use of, such connected third party service. We make no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. We are not responsible for the products and services offered by or on third-party websites. Castlight cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Castlight cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Service, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such websites. By submitting information, materials and other content to us through the Service, you are licensing that content to Castlight solely for the purpose of providing the Service. Castlight may use and store the content, but only to provide the Service. By submitting this content to Castlight, you represent that you are entitled to submit it to Castlight for use for this purpose, without any obligation by Castlight to pay any fees or other limitations.

You understand and agree that the Service is not sponsored or endorsed by any third parties from whom Castlight may access your information or that may be accessible through the Service.

With respect to any user review that you choose to submit to the Service, you grant Castlight a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, delete, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform information contained in such a user review for any purpose whatsoever throughout the world in any media, now known or hereafter devised. In addition, you further agree that Castlight retains the absolute right and sole discretion to publish, post, display, remove, screen, edit, or reinstate your review without notice to you.

3. LEGAL NOTICES

Disclaimers: YOU UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE AND THE SITES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLEBASIS. CASTLIGHT AND ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, “AFFILIATES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE OR THE SITES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CASTLIGHT IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY REVIEWS, RATINGS OR DATA FROM ANY THIRD PARTY. WHILE CASTLIGHT TAKES STRINGENT PRECAUTIONS TO PROTECT YOUR DATA AND COMPLY WITH PRIVACY RULES AS SET FORTH IN THE SECURITY STATEMENT, WHICH CAN BE FOUND AT CASTLIGHTHEALTH.COM/SECURITY, CASTLIGHT CANNOT FULLY GUARANTEE THE SECURITY OF INFORMATION YOU MAY PROVIDE OR INTERRUPTIONS IN THE AVAILABILITY OF ANY SERVICE, WHETHER THE RESULT OF ACTIONS BY CASTLIGHT OR ANY THIRD PARTY. COMPLIANCE WITH THE SECURITY STATEMENT DOES NOT ENSURE THAT, AND CASTLIGHT AND ITS AFFILIATES MAKE NO WARRANTY: (a) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; © THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (e) REGARDING THE ACCURACY OR RELIABILITY OF ANY THIRD PARTY OR USER REVIEWS, RATINGS OR INFORMATION; AND (f) THAT ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CASTLIGHT OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of Liability: IN NO EVENT SHALL CASTLIGHT, NOR ANY OF ITS AFFILIATES, BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF THE GREATER OF (i) ACTUAL FEES PAID BY YOU, OR (ii) $2,000.00. IN NO EVENT SHALL CASTLIGHT OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT IS CASTLIGHT LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY’S ACTS OR OMISSIONS.

You acknowledge and agree that payment by Castlight or retention by you of direct damages, as limited above, is your sole and exclusive remedy in exhaustion of all other remedies, at law or in equity, and that such remedy has not failed of its essential purpose. Any claims against Castlight arising in connection with your use of the Sites or any Service, product or information offered or purchased through the Sites must be brought against Castlight within one (1) year of the date of the event giving rise to such action. When using the Service, information will be transmitted over a medium which may be beyond the control and jurisdiction of Castlight, its customers and/or vendors. Accordingly, Castlight assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Service.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, the above disclaimers and limitations may not apply to you if you reside in such a jurisdiction. You may also have other legal rights that vary from state to state.

4. INTELLECTUAL PROPERTY

Copyrights Trademarks and Patents: All of the: (a) content included on the Sites, including text, art, graphics, logos, button icons, images, pictures, audio clips and software, collectively “Content”); (b) trademarks, trade names, logos, brand names and service marks (“Marks”) of Castlight, whether registered or unregistered; and © patents and patent applications (“Patent Rights”) of Castlight, are the property of Castlight, its members, partners or content providers, and are protected by U.S. and international copyright, trademark or patent laws, as applicable. Except as granted in the limited license below, any use of: (i) Content, including modification, transmission, presentation, distribution or republication; (ii) Marks; or (iii) Patent Rights is prohibited without the prior written consent of Castlight (or if a Mark is owned by a third party, the prior written consent of such third party).

Limited License: As a user of the Service, Castlight authorizes you to download the Content, Marks and other materials (collectively the “Materials”) on the Sites solely for your personal, non-commercial use. If you violate any provision of these Terms of Use, your permission to use such Materials automatically terminates and you must immediately destroy any copies you have made of any portion of such Materials. The Sites or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Castlight.

Third Party Licenses: You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any third party.

Data: Castlight welcomes your feedback as a user of the Service, and may request your feedback regarding the Service or providers referenced in the Service through surveys, bulletin boards, emails or other means. Any feedback you provide will become the confidential and proprietary information of Castlight, and you agree that Castlight may use in any manner and without limitation all comments, suggestions, complaints, reviews and other feedback you provide relating to the Service. Castlight shall have a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable right to use feedback for any purpose, including but not limited to, incorporation of such feedback into the Service or other Castlight software or services.

5. RESTRICTIONS/PASSWORDS AND TERMINATION

Restrictions on Use: You agree that you will not: (i) use the Service in order to invade the privacy of, obtain the identity of, or obtain any personal information about any other user of the Service; (ii) modify, erase or damage any information contained on the computer of any user connected to the Service; (iii) reverse engineer any portion of the Sites or Service; or (iv) use the Sites or Materials in any manner that is inconsistent with the limited license granted herein. Additionally, you agree not to post or transmit: (a) information under a false name; or (b) any information which (i) is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, Trojan horse or other code which is contaminating or destructive to the files or programs of Castlight or any of its users. Castlight reserves the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.

Passwords: As a user of the Service, you will either (a) receive an activation code for registration and select a user name and password in order to access the Service; or (b) access the Service through a Castlight customer’s or business partner’s password protected website. You hereby agree that you will: (i) not distribute your activation code (if applicable); (ii) keep your password protected and not share it with others; and (iii) promptly inform us or the website through which you access the Sites of any need to deactivate a password. You may contact us at support@castlighthealth.com.

Termination: Castlight reserves the right to refuse access to the Service and to terminate your use of the Service if Castlight believes that your conduct violates any applicable law or is harmful to the interests of Castlight, its members, partners or suppliers, or other users, or for any other reason in Castlight’s sole discretion, with or without cause.

6. GENERAL LEGAL PROVISIONS

Third Party Links: The Service may include links to third party websites which may include opinions, information or recommendations of various third parties. In providing such links, Castlight does not represent to you that it or any of its customers has investigated the content of such third party websites. Castlight does not warrant or guarantee the accuracy of any content included on third party websites nor does it endorse, credential or accredit any opinions, recommendations or information included on such third party websites. Your use of third party websites is subject to the terms and conditions of use for such websites.

Governing Law and Jurisdiction: These Terms of Use are governed by California law for all purposes, including website use and product purchases, without giving effect to any principles of conflicts of laws. You hereby consent to the jurisdiction and venue of the courts in California.

International Laws: Castlight is based in the State of California in the United States of America. Castlight makes no claims that the Content of the Service is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Indemnification: You agree to indemnify, defend and hold harmless Castlight, its shareholders, affiliates, directors, managers or, employees or customers from and against any claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from your violation of these Terms of Use.

Third Party Rights: The indemnification provisions set forth above, consents provided in Section 2, and the provisions under Section 3 Legal Notices are for the benefit of Castlight, its Affiliates, its customers, and its third party providers of data, software and content, and any applicable Custodian. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Entire Agreement: Except as expressly provided in the other policies on the Sites, these Terms of Use constitute the entire agreement between you and Castlight with respect to the use of the Sites and Service. You acknowledge that the provisions, disclosures and disclaimers set forth in these Terms of Use are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. If you have any concerns or questions regarding the Sites, Service or revisions to the Terms of Use, please contact us at support@castlighthealth.com.

Miscellaneous: Our failure to exercise or enforce any right or provision does not constitute a waiver of such right or provision. No waiver of any provision shall be deemed a further or continuing waiver of such term or condition or any other term or condition. If any provision is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. Castlight may assign its rights and duties under this Agreement to any party at any time without notice to you and/or your approval. Questions or comments regarding the Sites or Service should be directed by e-mail to support@castlighthealth.com or via U.S. mail to Castlight Health, Inc. at 150 Spear Street, Suite 400, San Francisco, CA 94105, Attn: Legal Department.