Online Services and Humana Web Confidentiality Agreement

Welcome to www.humana.com, the Web site for Humana Inc. Please take a moment to read through this Online Services Agreement (the "Agreement") before proceeding. This Agreement contains the terms and conditions you agree to when you use our Web site. If your plan includes Go365^®, additional Terms and Conditions also apply.

Medicare Advantage and Medicare Prescription Drug Plan members with Go365 by Humana: Scroll down to the Go365 portion of this document, SECTION B), Part 1

All other members with Go365: Scroll down to the Go365 portion of this document, SECTION B), Part 2

Online Services Agreement, Web Confidentiality Agreement and Go365 Program Agreement

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OUTLINED HEREIN. ALL TRANSACTIONS CONDUCTED ON THE WEB CARRY FULL LEGAL AUTHORITY AND SCOPE DICTATED BY LAW FOR PAPER TRANSACTIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE CONTAINED HEREIN.

SECTION A) Humana, Inc.

This Agreement will be governed and construed in accordance with the laws of the Commonwealth of Kentucky applicable to agreements made and to be performed in Kentucky.

Humana Inc. may modify this Agreement at any time, and such modifications will be effective immediately upon either posting of the modified agreement on this Web site or by notifying You (as defined herein below).

You agree to review the agreement periodically to be aware of such modifications and Your continued access or use of the Service will be deemed Your conclusive acceptance of the modified agreement.

Agreement with Humana

This Agreement is between you ("I","Me","MY","You","Your", or "User") and Humana Inc. ("Humana"), the provider of the online information, transaction services and communication services. During the period in which

I (User) am provided with authorized access to information of Humana Health Plans and subsidiaries and affiliates of Humana, I agree to the following provisions:

Information Systems Disclosure (Includes all affiliates of Humana):

Humana, by itself or through an agent, may deny access to its information systems to anyone at any time, with or without cause. Humana reserves the right to access, read, copy, delete and disclose Humana information.

Humana reserves the right to inspect any and all files stored or transmitted by Humana or by Me when using the Service.

I will not use Humana's Internet facilities and computing resources in a manner which may violate the laws and regulations of the United States or any other nation, or the laws and regulations of any State, City, Province or other jurisdiction in any fashion.

I will maintain in strict confidence and will not use or disclose any information of Humana or its managed and/or contracted entities, including, but not limited to, insured, plan, member, client, patient, enrollee, claim or medical information or any information contained on or in Humana's computing environment.

The use of passwords or Personal Identification Number (PIN) created by Me in using the Service does not create a right of privacy for Me. Passwords and PINs are designed to minimize unauthorized access.

Passwords and PINs created to access the Service, should be memorized and kept private. Humana will never request that you reveal your password. If My password or PIN is accidentally revealed, I can generate a new password or PIN at any time.

I may print a copy of the information contained on this Web site for my personal use only. I may not reproduce or distribute the text or graphics to others or substantially copy the information on My own server, or link to this Web site, without prior written permission of Humana.

If I become aware of any activity that threatens the security of Humana's Information Systems, I will immediately report the activity to Humana Customer Systems Support (CSS), 1-800-435-7661 OR 1-888-224-2700.

I agree my actions will be in accordance with the rules of ethics and conduct of all applicable state and federal rules, laws, and regulations. Proven misconduct could lead up to termination of my contract with Humana.

Consent to Electronic Transactions

I, the User, and Humana acknowledge and agree that any and all transactions performed during the term of this Agreement that are conducted through the utilization of electronic transactions and verified by the use of electronic signatures are binding per 15 U.S.C § 7001- 7006. I understand that My consent, when issued electronically by use of My unique identifiers or passwords, bears the same legal authority as My written signature and is binding per 15 U.S.C § 7001- 7006.

I will be bound by this Agreement throughout the term of such Agreement. I may request that this Agreement be terminated and that Humana default to providing paper access to services by submitting an address, phone number and contact name for distribution of paper forms, as needed, to my Humana representative. Such request will be processed within forty eight (48) hours.

I may obtain a paper copy of any electronic transaction by printing the Internet screens on which such information is present. Some types of information will be provided automatically in paper form. Examples of paper forms include, but are not limited to: any notice of cancellation of policies or termination of coverage and any information pertaining to an appeal of a denied claim or adverse benefit decision.

Learn more about Humana's website privacy and maintenance policies.

I and Humana acknowledge and agree that all transactions conducted electronically bear the same legal authority as paper documents with written signatures and are binding per 15 U.S.C § 7001- 7006. Types of electronically conducted transactions include, but are not limited to activity related to:

· Claims, Referrals, Authorizations

· Pharmacy Prescriptions and Claims

· Eligibility, Benefits and ID Cards

· Certificates, Plan Summaries, Policies

· Enrollment

· Quoting, Billing, Commissions

· Contracting, Credentialing

· Provider Directories

· Reporting,

· Annual Privacy Practices Notification, or

· Secured Messaging.

I and Humana agree that certain minimum hardware and software requirements must be met in order to conduct electronic transactions.

I may terminate this Agreement should I be unable to communicate electronically under these or any new technical requirements.

I understand that Humana cannot and does not guarantee or warrant that any files which may be available for downloading through the Service will be free of computer viruses or other code that manifests contaminating or destructive properties. I am responsible for implementing sufficient procedures and checkpoints to satisfy My particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.

Humana:

Does not assume any responsibility or risk for My use of the Service.

Does not make any express or implied warranties, representations or endorsements whatsoever (including, without limitation, warranties of title or non-infringement or fitness for a particular purpose) with regard to the Service, or any information or service provided through the Service or on the Internet generally, and will not be liable for any cost or damage arising either directly or indirectly from My use of the Service.

Does not warrant the accuracy, completeness, timeliness, or usefulness of any information, opinions, advice, services, merchandise or any other information provided through the Service or on the Internet generally. Is not responsible for any changes that may be required by My Internet Service Provider (ISP).

Will in no event be liable to Me or anyone else for any decision made or action taken by Me or anyone else in reliance upon the information provided through the Service.

Will under no circumstances and under any legal theory, tort, contract, or otherwise, be liable to Me or any other person for any indirect, special, incidental, or consequential damages or losses of any character whatsoever with regard to the service.

Any information You submit through the Service or while using the Service, and any information collected about Your use of the Service by Humana, will be subject to Humana's Privacy Policy. Please note, however, that all information you submit or disclose while using the Service will be provided to Humana. You specifically consent to this disclosure to Humana when you click the "I Agree" button below and/or when You use the Service.

For More Information The Humana Inc. Web site is maintained by Humana Inc., 500 W. Main Street, Louisville, KY 40202.

Humana Web Confidentiality Agreement

THIS CONFIDENTIALITY AGREEMENT is entered into by and between HUMANA INC. ("Humana") and you in your role as a healthplan member or as an administrator of your Organization ("Organization" means a Provider, Provider group, Employer, Employer Group, Agent, Broker, Agency and Brokerage firm or Business Associate.) Humana and You are sometimes hereinafter referred to individually as the "Party" or collectively as the "Parties".

WHEREAS, the Parties hereto desire to enter into a confidentiality arrangement whereby parties shall share information;

WHEREAS, the Parties acknowledge that any information or data, whether printed, written, oral or electronically stored or reproduced and whether provided in response to specific inquiry or voluntarily provided, including but not limited to the identity of Humana's customers, Humana's methods of doing business, and financial information regarding Humana's customer contracts, both detailed information and the basic nature of the information is confidential, and that both Parties intend that such information remain confidential ("Confidential Material");

WHEREAS The term "Confidential Material" does not include information which (i) becomes generally available to the public other than as a result of a disclosure by party or parties' subsidiaries or agents, (ii) was rightfully available to party on a non-confidential basis from a source other than said parties, provided that such source is not bound by a confidentiality agreement with any of said parties or otherwise prohibited from transmitting the information to party by a contractual, legal or fiduciary obligation.

NOW THEREFORE, Without the written prior consent of the party, party will not, and will direct your directors, agents and employees who have access to the Confidential Materials, not to, disclose to any of the Confidential Materials. The term "person" as used in this Agreement shall be broadly interpreted to include, without limitation, any corporation, company, partnership, trust or individual.

Both parties shall maintain the confidentiality of information of members/patients, insurers or other persons or entities to whom the Confidential Material may pertain. The Parties agree to prevent the disclosure of such information to third parties except in connection with its obligations hereunder and as may be required by law.

You and your subsidiaries, agents, or employees, will not, and you will direct your directors, officers, employees and representatives not to, use any of the Confidential Material for any reason or purpose other than to provide the services.

In the event that party or any of parties subsidiaries are requested or required (by oral questions, interrogatories, requests for information or document, subpoena, civil investigative demand or similar process) to disclose any information supplied to you in the course of your dealings with the other party or any subsidiary of the other party or the agents of any of them, you agree to provide the other party with prompt notice of such request(s) so that it may seek an appropriate protective order and/or waive your compliance with the provisions of this Agreement. It is further agreed that, if in the absence of a protective order or the receipt of a waiver hereunder you are nonetheless, in the reasonable opinion of your attorney, compelled to disclose information concerning the other party or any subsidiary of the other party to any tribunal or else stand liable for contempt or suffer other censure or penalty, you may disclose such information to such tribunal without liability hereunder.

At the termination of such Agreement, you will promptly, upon the request of the other party, deliver to such party all documents or other matters furnished to you constituting Confidential Material, without retaining any copy thereof. In the event of such request, all other documents or other matters constituting Confidential Material will be destroyed (including all electronic images of Confidential Material), and you will confirm in writing that all Confidential Material has been returned or destroyed.

It is understood and agreed that no failure or delay by the other party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder.

SECTION B) Go365

Part 1) Go365® by Humana Terms and Conditions for Medicare Members

For all other Go365 members, scroll down to Section B Part 2

Go365® by Humana Terms and Conditions for Medicare Members

For those eligible to participate in Go365 by Humana, the following Terms and Conditions apply: Go365™ (referred to as “The Program”) is a wellness and rewards program offered by Go365, LLC (“Go365”, “we”, “us” and “our”) that encourages a healthy lifestyle and rewards people for taking steps to improve and continue healthy behaviors. Go365 provides wellness support and rewards to help people live healthier lives and reduce healthcare costs.

This website and accompanying wellness services and functionality are meant to be accessed by members residing within the United States only. The services are not available to individuals outside the United States in any manner.

Please read this agreement carefully. It sets forth legally binding terms and conditions for participation in the Program.

Release, assumption of risk and waiver
By accepting these Terms and Conditions, you acknowledge that you are doing so voluntarily and with the understanding that Go365 is not providing medical advice. You understand that any activities or other information presented to you are not substitutes for a medical professional's evaluation and treatment.

Recommendations or information given by Go365 is for healthy, active individuals without cardiovascular heart disease, risk factors, or other contraindications to exercise. Participation in Go365 may include physical exercise, and other health and fitness activities. These activities may involve risks and may not be appropriate for everyone. Before taking part in any Go365 program activities you should obtain necessary medical advice about participating in the Program from your personal healthcare providers, including a thorough evaluation and review of your present physical condition and guidance regarding which activities are safe and appropriate for you. You acknowledge and understand that regardless of your physical condition while participating in the Program, certain elements of the program may involve risk of injuries or aggravation of preexisting injuries, diseases, or physical conditions.

In exchange for the right to participate in the Program, you agree to indemnify, defend (at our option), and hold Go365 and its parent company and each of their respective subsidiaries, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, successors, and assigns (Program Parties) harmless from and against any and all damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands, including, but not limited to, personal injury, death, or damage to or loss of property, that directly or indirectly arise from or are related to: (i) your activities in connection with the Program; (ii) your use of the Program or rewards earned through the Program; (iii) your breach or anticipatory breach of these Terms and Conditions or any other guideline, rule, or terms of service related to or part of the Program; (iv) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Program or your activities in connection with the website and the Program; (v) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) our use of the information that you submit to us; or (viii) any other reason (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by us in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Go365. We are not responsible for technical, hardware, network connections, or incomplete or delayed computer transmissions, regardless of cause. Under no circumstances will Go365 or the Program Parties be responsible for or liable, together or separately, for any loss or damage of any kind, including personal injury or death, or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to the Program. The foregoing limitation of liability will apply even if any event or circumstance were foreseeable, and even if Program Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Program).

You understand this Release, Assumption of Risk and Waiver is a binding contractual agreement. You have read it fully; You hereby acknowledge that you understand it; and you voluntarily accept it.

Program Participation
In some instances, both these Terms and Conditions and separate guidelines, rules, or terms of service, setting forth additional or different terms and/or conditions may apply to your use of the Program (in each such instance, and collectively, “Additional Terms”). For example, in addition to these Terms and Conditions, any promotion we may offer as part of the Program, may also be subject to the Additional Terms, and may also govern participation, and our execution, of each such promotion.

Go365 reserves the right to determine eligibility for participation in or use of the Program.

Information accuracy. You will provide true, accurate, complete information about yourself and your activities in connection with your participation in the Program. You are solely responsible for all activities that occur under the account – whether or not you authorized the activity. You are solely responsible for maintaining and restricting access to your fitness device if you choose to connect it to the Program.

Communications, notices and customer service
By registering for the Program, you agree that: (i) we may give you notices of important matters by prominently posting notices on the home page of the Program or in another reasonable manner we determine in our sole discretion; and (ii) we may contact you and send you communications by postal mail and e-mail at the addresses you provide to us.

You may modify certain types of mail and communications that you receive from us about the Program by indicating your communication preferences within the account settings section of the website. If you have a question regarding use of the Program, you may contact Customer Support by calling the number on the back of your Humana member ID card.

Program rules and parameters
Go365 has sole discretion in administering the Program and interpreting the Terms and Conditions and Additional Terms. A revised copy of the Terms and Conditions will be posted on the website when any changes occur. Go365 is not responsible for misinterpretation or lack of knowledge of the Terms and Conditions. A process is available for you to resolve any issue or concern regarding the Program, contact Customer Support by calling the number on the back of your Humana member ID card.

We reserve the right, in our sole discretion and without notice or liability, at any time during the duration of this Program, to take actions to administer the Program, including, but not limited to: (i) modify, suspend, cancel, or discontinue the Program, in whole or in part, for any reason, (ii) restrict, suspend or terminate participation of any persons enrolled in the Program (iii) impose limits on, withdraw, modify, suspend or cancel any features, activities, promotions or services, (iv) limit the frequency, duration or number of times an activity may be completed, (v) adjust or deny the amount of rewards awarded for any activity, (vi) and modify or regulate the rewards you may have accrued in the Program.

You agree that Go365 or Program Party will not be liable for any modification, discontinuance or termination from the Program. You further agree to abide by Go365’s final and binding decisions regarding the Program and your participation in it.

Data confidentiality
Your program data is used, shared and protected as outlined in the Go365 Notice of Privacy Practices and Internet Privacy Statement on the website.

By participating in the Program with any social media sharing tools or functions made available to you, you understand that your use of such tools or functions is completely voluntary. Further, you understand that if you choose to use the social media sharing tools or functions to share your information on social media you are responsible for the release of your information. Go365 is not responsible for the transmission of the information or use of the information on any website, and Go365 cannot retract or delete the information once it is released. You agree that it is your responsibility to understand social media sharing tools or functions prior to your use and to remove any information you no longer wish to have shared.

Unfunded activities
Certain Program activities have charges associated with them which may not be funded by Go365.

Earning Go365 rewards
Program participation will be awarded to the individual member completing the activity. For rules and requirements regarding Go365 participation and earning of rewards, please review the descriptions of each specific activity.

Unless stated otherwise, you must request rewards for certain activities. These requests must be submitted to Go365 within the same program year in which the activity has been completed. Go365 will not recognize requests for rewards for activities completed prior to or after the current program year. When indicated, you must use the designated forms and provide all requested documentation of your activities to be recognized as being eligible for rewards. You may need to provide your Humana ID number to earn rewards for certain activities.

You are responsible for ensuring that Program participation and any eligible rewards are credited accurately. If you believe that a Program reward has been earned but not properly credited, you may be required to submit supporting documentation or proof to Go365 to correct the discrepancy. Such requests must be submitted during the current program year, at least 30 days prior to the current Program year end, to allow sufficient time for resolution.

Rewards cannot be earned except in strict compliance with the requirements as established and intended by us, and you shall not attempt to earn rewards or participate in any aspect of the Program by any means (including, without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements.

Program rewards, discounts, or savings are not transferable and may not be combined nor can they be transferred to an estate, successor or assign(s). Rewards have no “real world” or cash value and are not redeemable for cash. Program rewards, discounts, or savings do not constitute property of the individual. You forfeit all rewards, discounts or savings under the Program immediately upon termination from the program regardless of the circumstances of termination.

Rewards cannot be redeemed if you are not enrolled in the Program, nor can they be redeemed after their expiration date regardless of enrollment status. Any change in enrollment status from one Medicare plan (that is, changing to another Medicare plan or leaving your current Medicare plan), will be considered as termination and unredeemed rewards will be forfeited.

Redemption of Go365 rewards
Rules specific to rewards redemption are set forth in the applicable sections of this document, on the website and within the Mall Terms of Use. Violation of these may result in forfeiture of rewards and/or termination from the Go365 program.

All rewards expire at the end of the year. Any rewards earned during the current year must be redeemed on or before 12/31 or they will be forfeited. Rewards cannot be redeemed after their expiration under any circumstances.

The total amount of rewards that can be used to redeem for a gift card from the Mall at any given time, is the total amount of rewards available in the account at the time of redemption. After a gift card has been ordered from the Mall, the order is final and the appropriate amount of rewards will be deducted immediately from the account. See the Go365 by Humana, Mall Terms of Use for more details.

Gift cards may not be returned for any reason except if the gift card is damaged or defective, where the return should be initiated no more than two (2) weeks from when the gift card is shipped in which case the gift card will be replaced with the same or like gift card.

Gift cards with limited availability. At times, gift cards available in the Go365 Mall may be available in limited quantities, or for a limited time, and will be noted as such. Once the total available number of such cards has been claimed, or once the limited time to redeem such a gift card has expired, it will be removed from the Go365 Mall. If you redeem for a gift card and we determine that it is unavailable, out of stock, or for whatever reason cannot be provided to you, we will “refund” the amount that you used to redeem for the gift card.

Rewards pricing. Gift card denominations, discounts and Mall item availability are subject to change without notice or liability at the discretion of Go365.

Other terms applicable to gift cards and codes. The Program Mall gift card merchants are independent contractors and not agents or employees of Go365. Go365 and Program Parties hereby disclaims any liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with the goods or services provided by any gift card merchant through the website, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligence or otherwise, of such reward redemption merchant and you hereby release Go365 And Program Parties from any liability with respect to the same.

General provisions
Termination/suspension. Any suspension or termination will not affect your obligations to us under these Terms and Conditions, Additional Terms or any other requirements of the Program. Upon suspension or termination of your access to the Program, or upon notice from us, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Program. The provisions of these Terms and Conditions and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to us in these Terms and Conditions, as well as any indemnities, releases, disclaimers, and limitations on liability.

Severability. If any provision of these Terms and Conditions, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms and Conditions, or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms and Conditions, or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.

Investigations. We reserve the right, without any limitation, to: (i) investigate any suspected breaches of website’s security or information technology, or other systems or networks; (ii) investigate any suspected breaches of these Terms and Conditions or other requirements of the Program; (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters.

Assignment. We may assign our rights and obligations under these Terms and Conditions, or any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and Conditions, and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Go365.

No waiver. Except as expressly set forth in these Terms and Conditions, or any Additional Terms, (i) no failure or delay by you or us in exercising any rights, powers, or remedies will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms and Conditions, or any Additional Terms, will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

Connectivity. You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service providers, mobile service, and other services needed for your access to and use of the Program and you will be responsible for all charges related to them.

SECTION B) Go365

Part 2) Go365^® Terms and Conditions

For Go365 by Humana Medicare members, scroll up to SECTION B Part 1

Go365 Terms and Conditions

For those eligible to participate in Go365, the following Terms and Conditions also apply: Go365 (referred to as “The Program”) is a wellness and rewards program offered by Go365, LLC (“Go365”, “we”, “us” and “our”) that encourages a healthy lifestyle and rewards people for taking steps to improve and continue healthy behaviors. Go365 provides tools and support to help people live healthier lives and reduce healthcare costs.

Please read this agreement carefully. It sets forth legally binding terms and conditions for participation in the Program

Release, Assumption of Risk and Waiver
By accepting these Terms and Conditions, you acknowledge that you are doing so voluntarily and with the understanding that Go365 is not providing medical advice. You understand that any activities or other information presented to you are not substitutes for a medical professional's evaluation and treatment.

Recommendations or information given by Go365 is for healthy, active individuals without cardiovascular heart disease, risk factors, or other contraindications to exercise. Participation in Go365 may include physical exercise, blood testing, and other health and fitness activities. These activities may involve risks and may not be appropriate for everyone. Before taking part in any Go365 program tests or activities you should obtain necessary medical advice about participating in the Program from your personal healthcare providers, including a thorough evaluation and review of your present physical condition and guidance regarding which activities are safe and appropriate for you. You acknowledge and understand that regardless of your physical condition while participating in the Program, certain elements of the program may involve risk of injuries or aggravation of preexisting injuries, diseases, or physical conditions.

You understand this Release, Assumption of Risk and Waiver is a binding contractual agreement. You have read it fully; You hereby acknowledge that you understand it; and you voluntarily accept it.

Program Participation
In some instances, both these Terms and Conditions and separate guidelines, rules, or terms of service, setting forth additional or different terms and/or conditions will apply to your use of the Program (in each such instance, and collectively, “Additional Terms”). For example, in addition to these Terms and Conditions, any contest, sweepstakes or other promotion we may offer as part of the Program, may also be subject to the Additional Terms and will also govern participation, and our execution, of each such promotion.

Go365 reserves the right to determine eligibility for participation in or use of the Program.

In Go365, Bucks represents an accrual value that is applied toward redemptions in the Go365 Mall. Bucks have no cash value and can only be redeemed in the Go365 Mall.

Information Accuracy. You will provide true, accurate, complete information about yourself and your activities in connection with your participation in the Program. You are solely responsible for all activities that occur under the account – whether or not you authorized the activity. You are solely responsible for maintaining and restricting access to your fitness device if you choose to connect it to the Program.

Communications, Notices & Customer Service
By registering for the Program, you agree that: (i) we may give you notices of important matters by prominently posting notices on the home page of the Program or in another reasonable manner we determine in our sole discretion; and (ii) we may contact you and send you communications by postal mail and e-mail at the addresses you provide to us.

Notice of Reasonable Alternative Standard
Rewards for participating in the Program are available to all eligible persons. 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 Customer Support at the number listed on the back of your Go365 or Humana member ID card and we will work with you (and, if you wish, with your healthcare practitioner) to provide a reasonable alternative with the same reward value that is right for you, given your current health status.

Program Rules and Parameters
Go365 has sole discretion in administering the Program and interpreting the Terms and Conditions and Additional Terms. A revised copy of the Terms and Conditions will be posted on the website when any changes occur and you will be asked to acknowledge and accept the new version. Go365 is not responsible for misinterpretation or lack of knowledge of the Terms and Conditions. A process is available for you to resolve any issue or concern regarding the Program, contact Customer Support by calling the number on the back of your Go365 or Humana member ID card.

We reserve the right, in our sole discretion and without notice or liability, at any time during the duration of this Program, to take actions to administer the Program, including, but not limited to: (i) modify, suspend, cancel, or discontinue the Program, in whole or in part, for any reason, (ii) restrict, suspend or terminate participation of any persons enrolled in the Program (iii) impose limits on, withdraw, modify, suspend or cancel any features, activities, promotions or services, (iv) limit the frequency, duration or number of times an activity may be completed, (v) adjust or deny the amount of Points or Bucks for any activity, (vi) and modify or regulate the Points and Bucks you may have accrued in the Program.

From time to time, Go65 may make available, reference, or provide rewards for using items and services from third-party vendors. While most services are provided at no additional cost to you, if you choose to use certain items and services, you may incur additional fees that are not covered by Go365. Third-party vendors may provide compensation to Go365.

Go365 does not endorse the items or services provided by third-party vendors and does not review third-party vendor content for accuracy.

Data Confidentiality
Your program data is used, shared and protected as outlined in the Go365 Notice of Privacy Practices and Internet Privacy Statement on the website.

Unfunded Activities
Certain Program activities have charges associated with them which may not be funded by Go365.

Change in Status
Changes in Status are effective on the date determined by Go365.

Earning Go365 Rewards (Points and Bucks)
Program participation will be awarded to the individual member completing the activity. For rules and requirements regarding Go365 participation and earning of rewards, please review the descriptions of each specific activity. Not all Go365 programs are the same. Your employer or program sponsor may modify the program by adjusting the availability of certain activities and the value and variety of items in the Go365 Mall. Available rewards, discounts and savings may differ depending upon the structure associated with the program in which you are enrolled.

Unless stated otherwise, you must request rewards for certain Program activities. These requests must be submitted to Go365 within ninety (90) days of completing the activity. Go365 will not recognize requests for rewards more than ninety (90) days after completing the activity. When indicated, you must use the designated forms and provide all requested documentation of your activities to be recognized as being eligible for rewards. You may need to provide your Go365 or Humana ID number to earn rewards for certain activities. Go365 will not reward for activities completed prior to the current program year.

You are responsible for ensuring that Program participation and any eligible rewards are credited accurately. If you believe that a Program reward has been earned but not properly credited, you may be required to submit supporting documentation or proof to Go365 to correct the discrepancy. Such requests must be submitted within one hundred and twenty (120) days of completing the activity.

Unredeemed Bucks are carried over from one Program year to the next, for up to two (2) or three (3) years, depending upon how your program is structured and provided there is no change in group, policy or member role. Your program dashboard will display a notification approximately six (6) months prior to expiration of any Bucks.

Points and Bucks will not be awarded unless earned in strict compliance with the requirements as established and intended by us, and you shall not attempt to earn rewards or participate in any aspect of the Program by any means (including, without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements.

Program rewards, discounts, or savings are not transferable and may not be combined nor can they be transferred to an estate, successor or assign(s). Bucks have no “real world” or cash value and are not redeemable for cash. Program rewards, discounts, or savings do not constitute property of the individual. You forfeit all rewards, discounts or savings under the Program immediately upon termination from the program regardless of the circumstances of termination.

Bucks cannot be redeemed if you are not enrolled in the Program, nor can they be redeemed after their expiration date regardless of enrollment status. Any change in enrollment status from one Go365 group or policy to another Go365 group or policy, change in role, or transition from Go365 to Go365 by Humana for Medicare, will be considered as termination and unredeemed Bucks will be forfeited.

Redemption of Go365 Rewards
Rules specific to rewards redemption are set forth in the applicable sections of this document, on the website and within the Mall Terms of Use. Violation of these may result in forfeiture of rewards and/or termination from the Go365 program.

Redemption of Bucks. The total number of Bucks that can be used to redeem an item from the Mall at any given time is the total number of Bucks available in the account at the time of redemption. After an item has been ordered from the Mall, the order is final and the appropriate number of Bucks will be deducted immediately from the account. Program status of Bronze or higher is required to redeem rewards in the Go365 Mall. See the Go365 Mall Terms of Use for more details.

Rewards with Limited Availability. At times, certain items available in the Mall may be available in limited quantities, or for a limited time, and will be noted as such. Once the total available number of any such item have been claimed, or once the limited time to redeem such an item has expired, that item will be removed from the Mall. If you redeem your Bucks for an item and we determine that the item is unavailable, out of stock or for whatever reason cannot be provided to you, we will “refund” the Bucks that you used to redeem for the item.

Rewards Pricing. Rewards, Bucks prices, cash prices, discounts and Program Mall item availability are subject to change without notice or liability at the discretion of Go365.

Other Terms Applicable to Rewards. The Go365 Mall rewards merchants are independent contractors and not agents or employees of Go365. Go365 and Program Parties hereby disclaim any liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with the goods or services provided by any reward redemption merchant through the website, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligence or otherwise, of such reward redemption merchant, and you hereby release Go365 And Program Parties from any liability with respect to the same.

Taxes
It is your responsibility to determine tax obligations, if any, related to participation in the Program for rewards, discounts, savings and contest prizes received under Go365. You are responsible for all applicable taxes, including income tax liability, associated with any item acquired under the Program. Questions and concerns about taxes or payroll deductions referencing the Program will not be addressed by Go365 and should be directed to your group benefit administrator.

Jackpot
On a monthly basis, as part of the program activities, Go365 pulls random names from a list of eligible individuals and offers a selection of prizes from the Mall. Requirements for claiming prizes are published on the website and outlined in the notification provided to all winners. Go365 reserves the right to discontinue the Jackpot at any time, without notice or liability.

General Provisions
Termination/Suspension. Any suspension or termination will not affect your obligations to us under these Terms and Conditions, Additional Terms or any other requirements of the Program. Upon suspension or termination of your access to the Program, or upon notice from us, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Program. The provisions of these Terms and Conditions and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to us in these Terms and Conditions, as well as any indemnities, releases, disclaimers, and limitations on liability.

Go365 may share information obtained through an investigation with your employer.

No Waiver. Except as expressly set forth in these Terms and Conditions, or any Additional Terms, (i) no failure or delay by you or us in exercising any rights, powers, or remedies will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms and Conditions, or any Additional Terms, will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

2021