Terms of Use

Dana Limited or its licensors provide this website (the “Site”) and any content, products, software and services ) collectively referred to as the “Service”) to its members subject to the following terms and conditions (“Terms of Use”) BY REGISTERING TO USE THE SERVICE AND BECOMING A MEMBER (“MEMBER”), YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE AND THAT YOU EXPRESSLY AGREE TO BE BOUND BY THEM FOR AS LONG AS YOU CONTINUE TO BE A MEMBER. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, PLEASE DO NOT REGISTER FOR OR USE THE SERVICE. You should print or otherwise save a copy of these Terms of Use for your records. These Terms of Use are subject to change from time to time, and at any time without notice to you. Any changes will be incorporated into the Terms of Use posted to the Site from time to time.

THE SITE IS FOR NON-COMMERCIAL, INFORMATIONAL PURPOSES ONLY AND DOES NOT PROVIDE MEDICAL ADVICE. WE ARE NOT A MEDICAL ORGANIZATION AND NEITHER DANA LIMITED, ITS PARENT COMPANY, ITS PREDECESSORS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS OR ASSIGNS (HEREINAFTER THE DANA GROUP) CAN GIVE YOU MEDICAL ADVICE OR DIAGNOSIS. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER BEFORE PARTICIPATING IN ANY WELLNESS PROGRAM, DIET OR OTHER REGIMEN OR IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION. THE DANA GROUP AND ANY CREATORS, DISTRIBUTORS, LICENSORS, OR PRODUCERS OF THIS WEBSITE DISCLAIM ANY LIABILITY, LOSS OR DAMAGES IN CONNECTION WITH THE INFORMATION PROVIDED WITH THE SERVICE.

2013 Authorization for Release of Information – Wellness Programs

I authorize PartnerComm, Inc. to disclose my protected health information, or personal information if I am not an Anthem member, to my employer (if my health plan is self-funded) and to designated wellness vendors, to be used for administration of my wellness programs or incentives program(s). If my contract number changes during 2013, this Authorization will transfer to your new Anthem contract number.

I understand that this Authorization is voluntary. My refusal to authorize disclosure of information to wellness vendors and my employer (if my health plan is self-funded) and will have no effect on my enrollment in Anthem health plans.

I understand that my protected health information includes, but is not limited to, all data and information in the Anthem systems, including claims, as a result of medical encounters, treatments, diagnostic tests, screenings, prescriptions, and/or case management activities.

I understand that if the recipient of this information is not a health care provider or health plan covered by federal privacy regulations, this information may be re-disclosed and no longer protected by these federal regulations. My Anthem health plan is subject to federal privacy regulations and will not re-disclose this information except as allowed by law.

I understand that I have the right to revoke or end this Authorization at any time. I understand that in order to revoke this Authorization I must do so in writing to my Anthem health plan. I understand that my revocation of this Authorization will not affect any action that has been taken, or any information that has already been used or disclosed, based upon this Authorization before my Anthem health plan actually received my revocation.

This authorization will remain in effect until 12/31/2013.

I have had full opportunity to read and consider the contents of this Authorization.

I am authorizing the use and/or disclosure of information as described above.

MEMBERSHIP. To register or use the Service you: (i) must be of legal age to form a binding contract with PartnerComm, Inc., (ii) must be an employee (or an eligible dependent of an employee) of a customer of Dana Holding Corporation, and (iii) must be authorized by Customer to access and use the Service. By accepting these Terms of Use you represent that you understand and agree to the foregoing.

Account and Password

In the course of your use of the Site and our provision of the Services, we may be provided with certain of your personal and confidential information (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Site’s Privacy Policy, located on the Login page, which is incorporated herein by reference for all purposes. You acknowledge and agree that you are responsible for the accuracy and content of all User Information. Additionally, by using the Service, you acknowledge and agree that the Internet is never completely private or secure. You understand that any message or information, including personal information, you post or transmit to this website may be read or intercepted by others, even if a particular transmission is encrypted.

When you enroll to be able to use the Site, you will be issued an account which will have an assigned user name and password. You are responsible for maintaining the confidentiality of your user name and password. You are solely responsible for all transactions, communications, and acts or omissions that occur through the use of your user name and password by you or any person or entity using a password provided to you, whether or not such access or use has been authorized by you. You agree to ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision. If you believe that someone has accessed your account on the Site without your authorization, you should immediately contact us using the Contact Us feature on the Site or by telephone.

Authorized Use and User Conduct

As a user of the Site, you agree not to use the Site in any manner that damages or is likely to damage our reputation, the availability or integrity of the Site, Employees, or others. We will take any action we deem appropriate, including suspending or terminating your access to the Sitee, to maintain the high quality of our Service and to protect our Members, ourselves and others. Unauthorized use of the Site, including but not limited to unauthorized entry or attempted entry into any systems, misuse of passwords, misuse of any information posted to the Site, or illegal conduct is strictly prohibited. You agree not to interrupt or attempt to interrupt the operation of the Site or the Services in any way or to attempt to gain unauthorized access to the Site, any portion thereof, or to any other computer systems through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Unauthorized use of the Site, including but not limited to unauthorized entry or attempted entry into any systems, misuse of passwords, misuse of any information posted to the Site, or illegal conduct is strictly prohibited.We reserve the right to prohibit access to anyone determined by us to be violating or attempting to violate these Terms of Use.By way of example and not limitation, you agree to the following:

  • You may access the Service only for your own personal, non-commercial use. Any other use is prohibited unless agreed to by DANA in writing.
  • You will use the Service in a manner consistent with any and all applicable laws and regulations, and with these Terms of Use.
  • You will not include any of the following information in your profile: street addresses, last names and offensive sexually suggestive material or language.
  • You will not engage in advertising or solicitation to other Members to buy or sell any products or services.
  • You may not authorize others to use your membership.
  • You may not assign or otherwise transfer your account to any other person or entity.
  • You will not damage, disable, disrupt, impair, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Service, its computer systems, servers, website or networks or interfere with any other party’s use and enjoyment of the Service.
  • You will not sell access to or the use of the Service, including any content contained on, downloaded or accessed from this website, or redistribute any content provided on this website.

INDEMNITY BY MEMBER

You agree to defend, indemnify and hold harmless DANA, its officers, directors, employees, agents, franchisees, licensors and third parties, and other users, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) relating to or arising out of (i) your use of, access to, or activities while using the Service; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. DANA reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. This defense and indemnification obligation will survive these Terms of Use and your use of the Service.

CONFIDENTIALITY OF MEMBER INFORMATION AND SECURITY.

DANA will keep confidential all information supplied by you through the Service, except that DANA may disclose information as required or permitted by law.

WEBSITE AVAILABILITY.

We take steps to ensure that the Service is available to all Members; however, we do not warrant that the Service will be continuously available, or that your use of the Service will be uninterrupted or error-free.

Copyrights and Trademarks

The Site and the Services contain copyrighted works, trademarks and other proprietary material owned by us or Third Party Service Providers. We and our suppliers own, all rights, title and interest in and to the Site, all the content, data and materials thereon (with the exception of your personal and account information), the look and feel, design and organization of the Site, and the compilation of the content, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, and other intellectual property and proprietary rights therein. If no restrictions are displayed, you may download, view and copy the information available from the Site for non-commercial personal or educational purposes only, provided that each copy includes the copyright, trademark or service mark notices or attributions as they appear on the pages copied. Except as stated above, you may not copy, reproduce, modify, create derivative works, publish, transmit, display, sublicense or distribute material or images from the Site without our express written permission or that of the Third Party Service Provider, as applicable. Any commercial distribution, publishing or exploitation of the Site or the materials on the Site is strictly prohibited.

USER GENERATED INFORMATION; THIRD PARTY SITES.

We assume no responsibility for the use of any personal information that you may choose to disclose on this website or any content contained in any e-mails, Blogs, social features, or any other public services. We do not monitor or control such services, although we reserve the right to do so. E-mails sent between you and other Members will be treated as private to the extent required by applicable laws.

The Site may provide links to other Web sites that we think might be of interest to Users (“Linked Sites”). These sites are independent of this website. The inclusion of a link to a Linked Site does not imply any endorsement of such site. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked websites. Furthermore, the links may lead to websites that contain offensive or objectionable content or contain computer viruses. You assume, and we hereby disclaim, all responsibility of any of the content on third party sites or for any damage sustained by users of these websites. DANA does not endorse the opinions of third parties expressed on this website or on Linked Sites. We encourage you to read the terms of use and privacy statements of these Linked Sites as their policies may differ from those of the Site.

DISCLAIMER OF WARRANTY.

DANA PROVIDES THE SERVICE ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH DANA OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE AND INFORMATION ON THIS WEBSITE. DANA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

LIMITATION OF LIABILITY.

IN NO EVENT WILL THE DANA GROUP BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT EXEMPLARY OR PUNITIVE DAMAGES THAT RESULT DIRECTLY OR INDIRECTLY FROM (1) THE USE OF OR INABILITY TO USE THE SITE OR ANY SERVICES, CONTENT, MATERIALS OR FUNCTIONS RELATED THERETO, (2) THE CONSEQUENCES OF ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU AS A RESULT OF YOUR USE OF THE SITE OR ANY SERVICES, OR (3) ANY OTHER MATTER RELATING TO THE CONTENT, SERVICES, OR DISTRIBUTION OF SERVICES THROUGH THE SITE. IN THE EVENT THAT YOU SUFFER DAMAGES ARISING FROM YOUR USE OF THE SITE OR ANY SERVICES, YOU MAY SEEK RECOURSE THROUGH YOUR EMPLOYER OR BENEFIT PLAN , EVEN IF THE DANA GROUP KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF THE DANA GROUP TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DANA FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. IN ADDITION, DANA DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS) OF THE SERVICE.

Protecting Your Information

We utilize reasonable security technologies to protect confidential information. However, the security of this information depends on, among other things, the security of your computer and the network it may be on, the security you use to protect your confidential information, the security provided by your Internet access services provider, the security of the means of transmission of data through the Internet and, more generally, on the effectiveness of the security technologies that are used to protect your confidential information. Although we take reasonable security precautions regarding information transmitted to and stored on the Site, due to the open nature of the Internet, we cannot guarantee that any information stored on our servers, or transmitted to or from a User, will be free from unauthorized access, and we disclaim any liability for any theft or loss of, unauthorized access or damage to, or interception of any data or communications. By using the Site, you acknowledge that you understand and agree to assume these risks.

If you contact us by e-mail, you should be aware that e-mail transmission might not be secure. A third party could view information you send by e-mail in transit. We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during transmission. We encourage you to use the “Contact Us” feature of the Site instead of contacting us by e-mail.

If you are requested to send us any sensitive personal information, such as your account number, password or PIN, in an e-mail or on a web site or otherwise, and you are uncertain whether such request is authorized by us, please do not hesitate to ask the service center.

In the unlikely event that we believe that the security of your personal information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we will endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification.

Modifications to the Site and the Services

We may terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice.

Miscellaneous

These Terms of Use constitute the entire agreement regarding the Site and any Services, and supersedes all prior or contemporaneous communications, whether electronic, oral or written between you and us with respect to the Site or the Services. The Site is operated from our offices in the United States of America. These Terms of Use are governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any principles of conflicts of law. If a court determines that any term or condition in these Terms of Use is illegal or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in force and effect. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.