You’ve been provided the ability to do more online at www.nwbetterhealth.com and related websites. You can use these websites (“Websites”) to access certain programs and tools ("Online Activities"). Your use of the Websites is subject to this Electronic Services Agreement ("Agreement"). Please review it carefully.

This Agreement may be changed at any time and without prior notice or approval. By accessing and using the Websites in any manner, after a change is made to the Agreement, you agree to the most current version of the Agreement.

Online Access

For some Online Activities, you may be permitted to register for a user id and password ("Online Access,"), which gives you the ability to use a personal computer equipped with an active connection to an Internet Service Provider to access certain programs and information and to perform certain transactions, as available. You have registered for Online Access via the Internet.

In order to conduct some Online Activities, you consent to receiving information applicable to your use of the Online Activities delivered to you electronically. These may include updates, notifications or other information that you request, transaction receipts, or any other documents ("Communications"). Your consent does not mean that you will be provided the Communications electronically; the Communications may be provided through non-electronic means. As part of the Online Activities, many of these Communications are made available to you in non-electronic form. If you wish to withdraw your consent to receive information electronically through your use of the Online Activities, you may discontinue your use of the Online Access.

As part of the Online Activities, you may be given the option to sign certain documents electronically by either checking the appropriate box or engaging in a similar online process as instructed online. You agree that by checking the appropriate box within or adjacent to the applicable document or engaging in a similar online electronic signature process, you are providing your electronic signature and agree to be bound by the terms and conditions in such document just as if you had signed your name to a paper document.

System Requirements

To receive, access, and reply to applicable Communications you will need:

• a personal computer or other access device which is capable of accessing the Internet,
• an Internet web browser which is capable of supporting 128-bit SSL encrypted communications,
• software which permits you to receive and access Portable Document Format or (“PDF”) files, and
• the ability to download or print agreements and disclosures.

Updating Your Personal Information

To change your email address, please visit your preferences page in Online Access. For changes to your personal information, please contact your employer’s human resources department or your health plan.

System Requirements to Retain Information

To retain the Communications sent to you electronically for your records, your system must have the ability to download and save them to your hard disk drive, print PDF files, or print Web pages and embedded HTML files. In some cases, you must print, complete, and sign Communications with a pen, and then return them according to the instructions on the document. To do this, you must have a functioning printer connected to your personal computer or other access device which is able to print Communications and the instructions on plain, white 81/2 x 11 inch paper.

You Grant Authorization for Transactions

You understand that by accepting this Agreement, you are authorizing the establishment of Online Access for you with the access capability and privileges to manage your programs. You represent that you have authority to give instructions and authorize transactions with respect to your Online Access , including general authority online transactions facilitated or permitted by Online Access. You understand that by this Agreement, you have provided full authorization to rely and act upon any instructions received from you without further inquiry.

Your Security

To prevent misuse of Online Access, you agree to protect the confidentiality of and be solely responsible for the use of your Online Access Username, Password, and other authentication or security measures as required. If you suspect that your information has been compromised, you agree to immediately contact your employer.

You should never provide Online Access Username, Password or other authentication or security measure to anyone else. If you choose to do so, you understand that you are authorizing that person or entity to conduct transactions in Online Access. You are responsible for any resulting transactions from your Online Access. Nationwide Better Health nor any of its successor entities will be liable and will not reimburse you for any losses that may occur as a result of any authorized use of your Service, Username, Passwords, or other security measures.

You may not obtain or attempt to obtain unauthorized access to the Online Access or the Websites, or to any other protected materials or information, through any means not intentionally made available to you related to your Online Access.

Changes to Online Access

Your Online Access may limit transactions available online, from time to time, at our discretion and without prior notice. Also, we may make any changes or modifications to Online Access available online from time to time.

Cancellation of Online Access

You may cancel Online Access by actually discontinuing use of the Online Access. We are entitled to rely on your cancellation instructions, and we are not required to notify other persons or entities of the cancellation.

We reserves the right to cancel or suspend Online Access, in whole or in part, without cause or prior notice, subject to applicable law or regulation. Cancellation of any or all Online Access may terminate your Nationwide Better Health program participation.

Fees and Charges

You agree to pay any charges you incur or any fees assessed by any third party for accessing your Internet Service Provider for accessing your Online Access.

Disclaimer of Warranties

ALL INFORMATION AND OTHER MATERIALS PRESENT ON THE WEBSITES (“CONTENT”), INCLUDING, WITHOUT LIMITATION, PRODUCTS AND SERVICES ON THE WEBSITES ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES ABOUT THE CONTENT’S NATURE OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.

NATIONWIDE BETTER HEALTH (OR ITS SUCCESSOR ENTITY) DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE WEBSITES BY ANY PARTY OTHER THAN NATIONWIDE.

NATIONWIDE BETTER HEALTH (OR ITS SUCCESSOR ENTITY) MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE NATIONWIDE BETTER HEALTH WEBSITES WILL BE ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR FREE.

NATIONWIDE BETTER HEALTH (OR ITS SUCCESSOR ENTITY) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY WITH REGARD TO ANY WEBSITE OWNED BY A THIRD PARTY TO WHICH OR FROM WHICH THIS SITE IS LINKED (“LINKED WEBSITE”).

Limitation of Liability

IN NO EVENT WILL NATIONWIDE BETTER HEALTH (OR ITS SUCCESSOR ENTITY) ITS RESPECTIVE SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE TO YOU FOR ANY PUNITIVE, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY, EVEN IF YOU HAVE NOTIFIED NATIONWIDE ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS, USE OR CONTENT OF THE NATIONWIDE WEBSITE OR A LINKED WEBSITE WHETHER SUCH CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY.

THE INFORMATION, PRODUCTS, SOFTWARE OR SERVICE DESCRIPTIONS PUBLISHED ON NATIONWIDE WEBSITES OR A LINKED WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANY DISCLAIMS LIABILITY FOR SUCH ERRORS AND DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON NATIONWIDE BETTER HEALTH WEBSITES OR A LINKED WEBSITE IS UPDATED OR COMPLETE. NATIONWIDE BETTER HEALTH HAS NO OBLIGATION TO UPDATE ANY CONTENT ON THE WEBSITES. AND MAY CHANGE OR IMPROVE THE WEBSITES AT ANY TIME WITHOUT NOTICE.

THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, TRANSMISSION OF VIRUSES THAT INFECTS A USER’S EQUIPMENT, MECHANIC OR ELECTRONIC EQUIPMENT FAILURE, FAILURE OF COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECTS, UNAUTHORIZED ACCESS, THEFT, OPERATIONAL ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MAJEURE.

Your Liabilities

Nationwide Better Health (or its successor entity) has the right to deny you access and use of the Websites and its Content if you violate (as Nationwide Better Health(or its successor entity) may determine in its sole and absolute discretion) any provision of this Agreement. You agree, at your own expense, to defend, indemnify and hold Nationwide Better Health(or its successor entity) harmless from any claim or demand, including reasonable attorneys' fees, made by a third party in connection with or arising out of your access to, or use of, the Websites or any of its Content in a manner other than as expressly authorized by this Agreement, your breach of the Agreement or your violation of applicable laws or any rights of any third party.

Entire Agreement

Except to the extent otherwise set forth in the Electronic Services Agreement or any other agreement applicable to the Websites, this Agreement sets forth the entire understanding between Nationwide Better Health (or its successor entity) and you with respect to your access to, and use of, the Websites and the Content and supersedes all prior or contemporaneous understandings regarding access and use.

Waiver

No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent is in writing and signed on behalf of the party against whom it is asserted. Any consent by any party to, or waiver of, a breach of the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any different or subsequent breach of this Agreement by such party.

Severability

In the event that any portion of this Agreement is declared ruled to be invalid or unenforceable by a court or regulatory agency of competent jurisdiction, such provisions shall be ineffective to the extent of such invalidity or unenforceability while the remainder of this Agreement shall continue in full force and effect.

Contact

If you have questions about this agreement contact your employer