Website User Agreement


Welcome! Cappa Health’s goal is to offer you a great experience. Weaccomplish that goal by providing a multitude of web-based services gearedto deliver personalized instruction.

You may use the Web site, services, content, technologies and applicationsof www.cappahealth.com, and any subdomains or related domains,(collectively, the “Website ”)onlyon the condition that you abide by thefollowing terms:

BY USING THE WEBSITE, ENGAGING OUR SERVICES, SENDING US SUBMISSIONS,AND/OR REGISTERING TO OPEN AN ACCOUNT WITH US, YOU ARE ACKNOWLEDGINGAND AGREEING TO EACH AND EVERY ONE OF THE TERMS AND CONDITIONS IN THISAGREEMENT (THE “SITE TERMS”), AND ALL OTHER AGREEMENTS THATARE (OR WILL BE) LOCATED AT HTTPS://CAPPAHEALTH.COM/TERMSOFSERVICE(COLLECTIVELY, THE “AGREEMENT” OR“AGREEMENTS”).


The Website is a service made available by Cappa Health Inc (“ Cappa Health Inc”) and its affiliates (“Cappa HealthCappa DPP” “Cappa 360” “we ” or“us ”). The Site Terms govern your use of theWebsite, and have the same force and effect as does a written agreementwith original signatures from all parties. If you do not agree to theseSite Terms, do not use the Website. We may modify the Site Terms at anytime. If you do not agree to the changes, you may discontinue using CappaHealth Inc before the changes take effect. Your continued use of CappaHealth Inc after any such changes take effect constitutes your acceptanceto such changes. Each time you visit or log into the Website, you reaffirmyour acceptance of the most current version of the Site Terms. You areresponsible for regularly reviewing the Site Terms, by clicking on the“Legal” link atHTTPS://CAPPAHEALTH.COM/TERMSOFSERVICEThe Site Terms maybe supplemented by additional terms and conditions applicable to privacy,specific areas of this Website, or to particular content or transactionsposted in particular areas of the site. The additional terms, together withthese Site Terms, govern your use of those areas, content, or transactions.

The Website gives users the ability to receive dietary information from aRegistered Dietician (“RD ”) through ourWebsite (collectively, the “Submissions ”),subject to these Site Terms. You agree that all such transactions will begoverned by Cappa Health’s Terms of Sale Agreement located atHTTPS://CAPPAHEALTH.COM/TERMSOFSERVICE.We may, in oursole discretion, change or discontinue any or all aspects of the Website atany time, without notice, and without liability to its users.

Registration is not required to visit the Website. However, if you desireto complete a transaction with us or engage our Services, you must createan account. If you register to open an account, you agree to provideaccurate, complete registration information. You must be legally capable toenter into contracts. It is your responsibility to make any updates to thatinformation. Each registration is for a single person only, unlessspecifically designated otherwise on the registration page. We do notpermit any other person using the registered sections under your name. Youare responsible for preventing such unauthorized use. If you believe therehas been unauthorized use, you should notify Cappa Health Inc immediatelyby emailing info@cappahealth.com.

The Website contains information, content, advertisements, text,photographs, designs, graphics, images, sound, and video recordings,animation and other materials and effects (collectively, the “Contentthat are protected by copyrights,trademarks, service marks, trade dress, patents or other intellectual orproprietary rights owned by Cappa Health Inc or other third parties. Alltrademarks and copyrighted information contained on the Website are theproperty of their respective owners. Further, Cappa Health Inc retains allrights (including intellectual property rights), title, and interest in theWebsite, technology, and all underlying technology and data including anyenhancements, software, applications, and improvements related to theWebsite (the “Technology ”) (the terms Contentand Technology will be collectively referred to as the “MaterialsYou may not remove any copyright,trademark, or other proprietary notice from any electronic or printed copy.

This Agreement is effective unless and until terminated by either you orCappa Health Inc . You may terminate this Agreement at any time. CappaHealth Inc may terminate this Agreement at any time without notice and denyyou access to the Website, if, in its sole discretion, you fail to complywith any term or provision of this agreement. A termination or actionstaken by Cappa Health Inc under the previous sentence shall not limit CappaHealth’s other legal rights and remedies available under law orequity. Upon any termination of this agreement by either you or CappaHealth Inc, you must promptly destroy all materials downloaded or otherwiseobtained from this Website, as well as all copies of such materials,whether made under this agreement or otherwise.

Cappa Health Inc provides the Website and the Materials for yourindividual, non-commercial use, solely for the purpose of carrying outindividual transactions through the Website. Any other use of the Websiteor the Materials is strictly prohibited. You may not, either directly orindirectly:

Any permitted use of the Website does not extend to using the Website orMaterials for any illegal purpose, or to transmit to or through the Websiteor to or through any service any illegal, harmful, threatening, defamatory,obscene, hateful, pornographic or other objectionable material of any kind,or to interfere with, abuse or otherwise violate the legal rights of anythird party using the Website or Materials. Whether or not a userSubmission violates this provision is within Cappa Health’s solediscretion requiring no explanation on its behalf.

Without limiting other remedies, we may limit, suspend, or terminate ourservice and user accounts, prohibit access to our website, remove hostedcontent, and take technical and legal steps to keep users off the Sites ifwe think that they are creating problems, possible legal liabilities, oracting inconsistently with the letter or spirit of our policies. We alsoreserve the right to cancel unconfirmed accounts.

By using the Website, uploading content, or submitting any materials to theWebsite, you grant (or warrant that the owner of such rights has expresslygranted) Cappa Health Inc a perpetual, royalty-free, irrevocable,non-exclusive right and license to use, reproduce, modify, adapt, publish,translate, create derivative works from, and distribute such materialsand/or information generated through use of the Website or incorporate suchmaterials and/or information generated through use of the Website into anyform, medium, or technology now known or later developed throughout theuniverse. We need these rights to host and display your content. Allcomments, feedback, suggestions, ideas, and other submissions disclosed,submitted, or offered to Cappa Health Inc on or by this Website orotherwise disclosed, submitted, or offered in connection with your use ofthis Website or otherwise (collectively, "Comments ") shallbe and remain Cappa Health Inc property. Cappa Health Inc is and shall beunder no obligation (1) to maintain any Comments in confidence; (2) to payto user any compensation for any Comments; or (3) to respond to anyComments.

The Website may use robot exclusion methods, which include robots.txt filesand HTML meta tags, that expressly allow and/or exclude specified automatedprograms from accessing certain portions of the Website. Much of theinformation on the Website is updated on a real time basis and isproprietary or is licensed to Cappa Health Inc by our users or thirdparties. You agree that you will not use any robot, spider, scraper orother automated means to access the Website for any purpose, including butnot limited to performing “offline” searches and mirroring,without our express written permission as indicated in the then-currentrobots.txt file or HTML meta tags on the Website. Additionally, you agreethat you will not bypass our robot exclusion methods or other measures wemay use to prevent or restrict access to the Website.

You may provide links only to the homepage of this Website, provided (a)you do not remove or obscure, by framing or otherwise, any portion of thehomepage, (b) you give Cappa Health Inc notice of such link by sending ane-mail to info@cappahealth.com and (c) you discontinue providing links tothis Website if requested by Cappa Health Inc. If you wish to provide linksto a section within the Website, you should forward your request to CappaHealth Inc at info@cappahealth.com and Cappa Health Inc will notify you if,within its sole and unfettered discretion, permission is granted, and, ifso, the terms and conditions of the permission in a separate agreement.

You represent and warrant to us that (a) you are legally capable ofentering into contracts, (b) you are providing us at all times with true,accurate and up to date information about yourself, (c) you will comply atall times with the Site Terms and applicable law, and (d) your use of theWebsite and any transactions that you make with us will not violate therights of any third party.

Cappa Health Inc makes every effort to ensure the information presented in,on or through its Website is accurate. However, because Cappa Health Inccommunicates information provided and created by advertisers, softwaredevelopers, publishers, marketing agents, resellers and other thirdparties, Cappa Health Inc has no control over the accuracy of suchinformation, makes no guarantee as to such information, and is notresponsible for the information as to its accuracy, currency, content,quality, copyright compliance or legality, or any resulting loss or damage.

Cappa Health Inc makes no representations regarding the availability andperformance of its Website. You hereby acknowledge that any use of theWebsite and reliance upon any Materials shall be at your sole risk and thatCappa Health Inc shall not be liable for any loss of data, lost profits orany other damages or losses resulting from such use.

THE WEBSITE AND MATERIALS ARE PROVIDED BYCAPPA HEALTH, INC ON AN “AS IS” BASIS AND IS AVAILABLEWITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS,IMPLIED, STATUTORY, OR OTHERWISE. CAPPA HEALTH, INC EXPRESSLYDISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESSFOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THE IMPLIED CONDITIONSOF SATISFACTORY QUALITY AND ACCEPTANCE, AS WELL AS ANY LOCALJURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORYWARRANTIES. WE MAKE NO REPRESENTATIONS THAT THE WEBSITE OR MATERIALSWILL MEET YOUR REQUIREMENTS, OR THE RESULTS THAT YOU MAY WISH TO GAINFROM YOUR USE OF THE WEBSITE.


IN NO EVENT SHALLCappa Health Inc, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, ORCONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT,INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF DATA, INCOMEOR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHERTHIRD PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALSREGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING,WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION,VIRUS, DELAY, OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OFPERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD,COMMUNICATIONS FAILURE, THEFT, OR OTHERWISE. CAPPA HEALTH, INCSHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROMANY FAILURE OF THEINTERNET\.

Some states do not allow the exclusion or limitation of liability ofconsequential or incidental damages, so the above exclusions may not applyto all users; in such states, liability is limited to the fullest extentpermitted by law.

CAPPA HEALTH, INC DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION,SOFTWARE, OR OTHER MATERIAL ACCESSIBLE THROUGH THE WEBSITE WILL BE FREEOF VIRUSES, “WORMS,” “TROJAN HORSES,” OR THEIRHARMFUL COMPONENTS. CAPPA HEALTH, INC’s ONLY LIABILITY, AND YOURSOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICESPROVIDED BY CAPPA HEALTH, INC, SHALL BE CANCELLATION OF YOUR PERSONALACCOUNT.


YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHERCAPPA HEALTH, INC, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVEEMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, RDs, THIRD-PARTY CONTENTPROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, MEMBERS,EMPLOYEES OR AGENTS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTEDOR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THATMAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY,RELIABILITY, OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGHTHIS SITE, OR (III) THAT THE INFORMATION PROVIDED IS IN ANY WAYCERTIFIED BY A MEDICAL PROFESSIONAL.


You agree to release, indemnify, defend, and hold harmless Cappa HealthInc, its parents, subsidiaries, affiliates, officers, directors, employees,agents, representatives, vendors, and distributors from and against any andall claims, liabilities, damages, losses, costs (including taxable andnon-taxable costs), expenses, or fees (including reasonableattorneys’ fees) that such parties may incur as a result of orarising from your (or anyone using your account, authorized orunauthorized) violation or breach of any representation or obligation underthese Agreements. We reserve the right to assume the exclusive defense andcontrol of any matter otherwise subject to indemnification by you and, insuch case, you agree to cooperate with our defense of such claim.

We view protection of users’ privacy as a very important communityprinciple. When you open an account and use the Website, we collectinformation about you. You agree that we may collect and use yourinformation in accordance with the Cappa Health Inc Privacy Policy, whichyou can review by visitinghttps://Cappahealth.com/termsofserviceyou object toyour information being transferred or used in this way, do not use ourservices.

You agree to transact business with us electronically. You authorize us tosend you important notices by electronic means, including notices about theWebsite and any transactions. Such electronic means can include sendingmessages to the email address you provide, or posting a notice on theWebsite. It is your duty to keep your email address up to date, to maintaina valid email address, and to ensure that emails we send you are notfiltered or stopped by spam filters or other types of email-blockingfunctionalities. If you no longer desire to transact electronically withus, you may no longer use the Website.

You are responsible for obtaining, at your own expense, all equipment andservices needed to access and use the Website, including all devices,Internet browsers and Internet access. If you access the Website or aWebsite application through a mobile or wireless device, you areresponsible for all fees that your carrier may charge you for data, textmessaging and other wireless access or communications services.

Our Technology, including any software or applications we provide to you,is a “commercial item,” as that term is defined in 48 C.F.R.§ 2.101, consisting of “commercial computer software” and“commercial computer software documentation,” as such terms areused in 48 C.F.R. § 12.212. Consistent with 48 C.F.R. §§12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4.

Your use of the Website must comply with all applicable laws in theterritory in which you access and use the Website, including withoutlimitation, all import and export control laws and regulations of theUnited States and other countries. You must not transfer, by electronictransmission or otherwise, any content, data, or software subject torestrictions under such laws to a national destination, person, or entityor for an end-use prohibited under those laws without first obtaining andcomplying with government authorization. You must not upload any data orsoftware to the Website that cannot be exported without prior writtengovernment authorization and notification, including, but not limited to,certain types of encryption software.

Cappa Health Inc reserves the right to investigate complaints or reportedviolations of the Site Terms and to take any action Cappa Health Inc deemsappropriate including, but not limited to, reporting any suspected unlawfulactivity to law enforcement officials, regulators, or other third parties,and disclosing any information necessary or appropriate to such persons orentities relating to user profiles, e-mail addresses, usage history, postedmaterials, IP addresses, and traffic information. Cappa Health Inc reservesthe right to seek all remedies available at law and in equity forviolations of these Site Terms, including, but not limited to, the right toblock access from a particular Internet address to any Second Rotationwebsite. These incorporate by reference any notices contained on theWebsite and constitutes the entire agreement with respect to access to anduse of the Website. If any provision of the Agreement is unlawful, void orunenforceable, then that provision shall be deemed severable from theremaining provisions and shall not affect their validity andenforceability.

THIS AGREEMENT, THE OTHER AGREEMENTS LOCATED AThttps://Cappahealth.com/termsofservice, AND THESE SITE TERMS AREGOVERNED BY AND CONSTRUED IN ACCORDANCE WITH ARIZONA LAW AND TO THEEXTENT APPLICABLE, THE LAWS OF THE UNITED STATES. NO CONFLICT OF LAWSOR PROVISIONS OF ANY JURISDICTION WILL APPLY TO THESE TERMS ANDCONDITIONS. BY CLICKING ON THE “ACCEPT” BUTTON BELOW, YOUAGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TOTHIS AGREEMENT, OR THE OTHER AGREEMENTS, WILL BE FILED ONLY IN STATE ORFEDERAL COURT LOCATED IN PHOENIX, ARIZONA, AND, BY INDICATING YOURACCEPTANCE BELOW, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENTAND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF SUCHCOURTS OVER ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF THESE TERMSAND CONDITIONS. ALL DISPUTES MUST BE ADJUDICATED IN THE ENGLISHLANGUAGE.

The obligations in,inter aliaSections 5 through 8, 10 through15, 17 and 18 shall survive termination of these Site Terms.

The agreements located athttps://Cappahealth.com/termsofserviceconstitute onesingle, fully integrated agreement. All of the terms, conditions,obligations, definitions and provisions of those agreements are thereforeapplicable to the instant agreement. Moreover, Cappa Health Inc by thisreference, hereby incorporates herein the most current version of allagreements posted athttps://Cappahealth.com/termsofserviceThe currentlyposted agreements include Cappa Health Inc Website User Agreement,Electronic Communications Delivery Policy, Privacy Policy and Terms of SaleAgreement. However Cappa Health Inc may, in its sole discretion, add,remove, amend, or otherwise change the agreements posted athttps://Cappahealth.com/termsofservice

Terms of Service Agreement


Cappa Health Inc (“Cappa Health”)gives users the ability toobtain dietary information from a Registered Dietician (“RDupon submission of the users’ dietaryinformation to the Website (collectively, the “SubmissionsUpon use of the Website, you agreethat all such transactions will be governed by Cappa Health Inc’sTerms of Sale and other Agreements, as stated below. In addition, you mustagree to abide by the following terms in order to use the Services, or besubject to termination of Services by Cappa Health.

BY SETTING UP AN ACCOUNT, OR BY USING CAPPA HEALTH”S WEBSITE, YOUUNCONDITIONALLY INDICATE THAT YOU AGREE TO THE FOLLOWING TERMS ANDCONDITIONS.



By electronically signing up in any form to Cappa Health, you agree toadhere to Cappa Health’sTerms of Service. You may need to set up anaccount in order to use some of the features of our Services. You may notuse someone else's account without permission. When you are setting up youraccount, you must give us accurate and complete information. This meansthat you cannot set up an account using someone else's name or contactinformation, or a phony name, or phony contact information.

You have complete responsibility for your account and everything thathappens on your account. This means you need to be careful with yourpassword. If you find out that someone is using your account without yourpermission, you must let us know immediately. You may not transfer youraccount to someone else. We are not liable for any damages or losses causedby someone using your account without your permission. However, if we (oranyone else) suffer any damage due to the unauthorized use of your account,you may be liable.


The information provided by a Cappa Health RD in response to yourSubmission is strictly for educational purposes only. The information isnot intended to be a substitute or supplement to professional medicaladvice. Please consult a physician before using Cappa Health’sServices. You should always consult your healthcare provider to determinethe appropriateness of the information for your own dietary needs or if youhave any questions regarding a medical condition or treatment plan. Thissite is not designed to, and does not provide, medical advice, professionaldiagnosis, opinion, treatment, or services. Do not use Cappa Health’sServices if you have any medical issue that is affected by your diet.


If Cappa Health receives your Submission, we nevertheless reserve the rightto, in our sole discretion, for any reason or for no reason: (a) decline torespond to your Submission, (b) respond to some of your Submissions but notothers, or (c) decline to respond to any of your Submissions.


You hereby expressly agree to limit Cappa Health’s responsibility,obligation and/or liability to the lesser of (a) $1,000, or (b) the cost ofyour membership, for any and all damages, claims or actions related to, orarising out of, any transaction or occurrence subject to, or referenced in,the Agreements. You also hereby expressly agree to release, indemnify,defend and hold Cappa Health harmless for any such amounts over the lesserof (a) $1,000, or (b) the cost of your membership.

You hereby acknowledge and agree that the foregoing limitation, release andwaiver precludes,inter aliaincidental, special, indirect,consequential, or punitive damages or loss of profit or opportunity for anyclaims, demands or actions brought by you, or on your behalf, including anysubrogation claim brought by your insurance carrier. You expressly andspecifically waive any subrogation claim on your behalf as well as onbehalf of your insurance carrier.


You hereby acknowledge and agree that:


You acknowledge and agree that this Agreement, and all the Agreements, arein electronic form and has the same force and effect as a written agreementwith original signatures from all parties. In this Agreement, the term“you” or “your” means an individual or entityexercising rights under this Agreement, and the term “CappaHealth,” “we” or “us” means Cappa Health andits affiliates and subsidiaries.

In order to complete the transaction with Cappa Health, you must:

Cappa Health makes every effort to ensure the accuracy of all informationyou receive in relation to your Submissions. From time to time, however,there may be typographical errors, technical inaccuracies, pricing or othererrors or omissions, incomplete, or outdated information. As such, CappaHealth reserves the right, at any time, to correct any errors, inaccuraciesor omissions and to change or update the Content at any time without priornotice. Cappa Health does not, however, guarantee that any errors,inaccuracies, or omissions will be corrected.

We view protection of users’ privacy as a very important communityprinciple. When you open an account and use the Website, we collectinformation about you. You agree that we may collect and use yourinformation in accordance with the Cappa Health’s Privacy Policy,which you can review by going tohttps://Cappahealth.com/termsofserviceIf you object toyour information being transferred or used in this way please do not useour services.

You agree to transact with us electronically. This means you agree toaccept and terms and conditions and to conduct any transaction of yourSubmissions with us by electronic means. You authorize us to send youimportant notices by electronic means, including notices about the Websiteand any transactions. Such electronic means can include sending messages tothe email address you provide, or posting a notice on the Website. It isyour duty to keep your email address up to date and to maintain a validemail address and to ensure that emails we send you are not filtered orstopped by spam filters or other types of email blocking functionalities.If you no longer desire to transact electronically with us, you may nolonger use the Website.

This Agreement constitutes the entire agreement of the parties with respectto the subject matter hereof. No waiver by Cappa Health of any breach ordefault hereunder shall be deemed to be a waiver of any preceding orsubsequent breach or default.

Cappa Health reserves the right to modify this Agreement, or any relatedAgreements, at any time. If you do not agree to the changes, you mustdiscontinue using the Cappa Health Websites and/or the Services before thechanges take effect. Your continued use of Cappa Health after any suchchanges take effect constitutes your acceptance to such changes. Each timeyou deliver a Submission to Cappa Health, you reaffirm your acceptance ofthis Agreement. You are responsible for regularly reviewing periodicallythis Agreement, located athttps://Cappahealth.com/termsofserviceThe last date thisAgreement was revised is set forth below. Terms and conditions modifyingthe Agreement are effective immediately upon posting.

THIS AGREEMENT, THE OTHER AGREEMENTS LOCATED AThttps://Cappahealth.com/termsofservice, AND THESE TERMS OF SALE AND TRANSFER OF TITLE OF YOUR ITEMS AREGOVERNED BY AND CONSTRUED IN ACCORDANCE WITH ARIZONA LAW AND TO THEEXTENT APPLICABLE, THE LAWS OF THE UNITED STATES. NO CONFLICT OF LAWSOR PROVISIONS OF ANY JURISDICTION WILL APPLY TO THESE TERMS ANDCONDITIONS. BY CLICKING ON THE “ACCEPT” BUTTON BELOW, YOUAGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TOTHIS AGREEMENT, OR THE OTHER AGREEMENTS, WILL BE FILED ONLY IN STATE ORFEDERAL COURT LOCATED IN PHOENIX, ARIZONA, AND YOU HEREBY IRREVOCABLYAND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONALJURISDICTION AND VENUE OF SUCH COURTS OVER ANY SUIT, ACTION, ORPROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS. ALL DISPUTES MUSTBE ADJUDICATED IN THE ENGLISH LANGUAGE



The agreements located athttps://Cappahealth.com/termsofserviceconstitute onesingle, fully integrated agreement. All of the terms, conditions,obligations, definitions and provisions of those agreements are thereforeapplicable to the instant agreement. Moreover, Cappa Health, by thisreference, hereby incorporates herein the most current version of allagreements posted athttps://Cappahealth.com/termsofserviceThe currentlyposted agreements include Cappa Health’s Website User Agreement,Privacy Policy, and Terms of Service Agreement. However, Cappa Health may,in its sole discretion, add, remove, amend, or otherwise change theagreements posted athttps://Cappahealth.com/termsofservice

Privacy Policy


Please read the following to learn more about our privacy policy, the typesof personal information we gather, and the measures we take to safeguardyour privacy when you use the Website, applications, and services weprovide (the “Services ”).

www.cappahealth.com, and any subdomains or related domains, (collectively,the “Website ”) is provided by Cappa Health,Inc and its affiliates (“Cappa Health ,”“we ,” or “us ”).This policy covers how we protect personal information collected and usedon or through the Services and other related websites where this policy isposted. The Website may contain links to other sites. Once you enteranother website, be aware that Cappa Health, Inc is not responsible for theprivacy practices of other sites.

You agree that this Privacy Policy is part of our Terms of Use Agreement,Terms of Service Agreement, and any other agreements posted athttps://Cappahealth.com/termsofservice(collectively, the“Agreement ” or “AgreementsBy accessing or using the Website orour Services, you agree to be bound by all of our terms and conditions.

When you use the Services, you provide information to us. Cappa Healthcollects two types of information: (1) information that you provide thatlets us know who you are (“Personally Identifiable Informationand (2)information that does not by itself identify a specific individual (“Non-personally Identifiable Information

You can browse the Services’ Websites without informing Cappa Healthwho you are or revealing any personal information about yourself. However,when you transact with us or register to open an account with Cappa Health,we ask for personal information such as your name, email address, and zipcode, which we collect and use as disclosed below in this Privacy Policy.Once you submit information about yourself to the Website, you are nolonger an anonymous, passive user of the Website. We may also collectadditional information about you when you engage in certain activitiesfacilitated by our Services, such as: (a) when you enter promotions orsweepstakes; (b) when you sign up for special offers; (c) when you visitthe Services’ Web pages or the pages of certain Cappa Healthpartners; (d) when you interact with offers and advertisements; (e) whenyou contact us for help or customer support; (f) when you access theServices with your account; (g) when you complete a survey; or (h) when youpost content or provide us with feedback. Cappa Health may also receiveinformation about you from other sources and add it to your accountinformation. Providing information is purely optional on your part;however, not all features and services (such as responding to yourinquiries) would be available to you if you elect not to provideinformation. If you choose to provide us with personal information, youconsent to the transfer and storage of that information.

We automatically receive and collect Non-personally IdentifiableInformation on our server logs from your browser, including your IPaddress, the Uniform Resource Locator (“URL ”)that you just came from, which URL you next go to, browser type, browserlanguage, date and time of your query, Cappa Health cookie information, andthe pages you request. This information is compiled and analyzed on both apersonal and an aggregated basis. We may use third-party analytics servicesto collect, monitor and analyze the information collected as describedabove.

We will use Personally Identifiable Information primarily for the followingpurposes: (a) to provide you with the Services; (b) to customize theadvertising and content you see; (c) fulfill any transactions, includingyour requests for products and services; (d) improve our Services andofferings to you; (e) conduct research; (f) provide you with support,technical or otherwise; (g) provide you with updates and notices about theServices, our Privacy Policy, and terms and conditions; (h) provide youwith promotional offers, our affiliates and from third parties that may beof interest to you; and (i) provide anonymous reporting for internal andexternal clients. In addition, Cappa Health may use your email address tocontact you under the following circumstances: to respond to your supportquestions, to notify you of material changes to our policies or website, torequest your participation in user surveys, and to deliver products,services and marketing communications upon you request.

We will use Non-personally Identifiable Information to diagnose problemswith our servers and software, to administer the Services, and to gatherdemographic information. Our third-party advertising networks and serverswill also supply reports that will inform us how many ads were presentedand clicked upon on www.cappahealth.com in a manner that does not identifypersonally any individual.

Cappa Health may set and access Cappa Health cookies on your computer. Uponyour first visit to the Website, a cookie is sent to your computer thatuniquely identifies your browser. A “cookie” is a small filecontaining a string of characters that is sent to your computer and storedon your hard drive when you visit a website; many major Web services usethem to provide useful features for their users. Each web site can send itsown cookie to your browser. Most browsers are initially set up to acceptcookies. You can reset your browser to refuse all cookies or to indicatewhen a cookie is being sent; however if you reject cookies, you will not beable to sign in to the Services or take full advantage of our Services.Cappa Health uses cookies for the following general purposes: (a) to trackyour preferences, such as the address or local zip code you enter; (b) toaccess your information when you sign in so we can provide you with yourpersonalized content; (c) to display the most appropriate advertisements,based on your interests and activity on our web site; and (d) and to helpus analyze and estimate our traffic and use of features on the Services.

We may also use “pixel tags,” which are small graphic filesthat allow us to monitor the use of the Services. A pixel tag can collectinformation such as the IP address of the computer that downloaded the pageon which the tag appears; the URL of the page on which the pixel tagappears; the time (and length of time) the page containing the pixel tagwas viewed; the type of browser that retrieved the pixel tag; and theidentification number of any cookie previously placed by that server onyour computer. We may use pixel tags, either provided by us or by our thirdparty advertisers and ad networks, to collect information about your visit,including the pages you view, the links you click and other actions takenin connection with our sites and Services and use them in combination withour cookies to provide offers and information of interest to you.

We also may allow certain analytic services and providers of applicationsused on the Services (e.g. sharing buttons) to collect Non-PersonallyIdentifiable information by placing cookies on the Services that will trackcertain performance of our Services, such as, web traffic, click-throughs,etc., in order to assist us and our service providers in betterunderstanding the interests of our users and to better serve thoseinterests.

We may use other companies under separate agreements to supplyadvertisements when you visit and use our Services. These companies maycollect and use Non-Personally Identifiable Information (e.g., click streaminformation, browser type, time and date, subject of advertisements clickedor scrolled over) during your access to our Services and other Web sites inorder to provide advertisements about goods and services likely to be ofgreater interest to you. These companies typically use a cookie, a thirdparty web beacon and/or pixel tags to collect this information. To learnmore about this behavioral advertising practice in general and the optionsthat you have, including your option or to opt out of this type ofadvertising, you can visit www.networkadvertising.org. These cookies, webbeacons and pixel tags do not collect any personal information from yourcomputer, such as your e-mail address. Other companies’ use of theircookies is subject to their own privacy policies, not this one. Advertisersor other companies do not have access to Cappa Health’s cookies.

In order to serve offers and advertisements that may be interest to ourusers, we may display targeted advertisements on the Services based onPersonally Identifiable Information provided by our users, including zipcode and profile. We do not provide this Personally IdentifiableInformation to our advertisers when you interact with such anadvertisement. However, please note that the advertisers (including adserving companies) may determine based on their own analysis that a userwho interacts with an advertisement targeted by Cappa Health may fit into acertain demographical category; for example, an advertiser may determinethat men ages 25-34 are interacting with a certain advertisement on CappaHealth from a particular geographic area. You acknowledge that anyinformation collected by such advertisers or advertising networks –and any options that you have with the use of such information –would be handled in accordance with the disclosures provided above in the“Advertising” section.

Cappa Health does not rent, sell, or share personal information about youwith other people or nonaffiliated companies except to provide products orservices you’ve requested, when we have your permission, or under thefollowing circumstances:

We provide the information to trusted partners who work on behalf of orwith Cappa Health under confidentiality agreements. These trusted partnersinclude companies with which Cappa Health may operate co-branded websitesor web-pages to expand their services using Cappa Health’s Services.These trusted partners may use your personal information to provideservices to you on our behalf, evaluate the effectiveness of the services,and to help Cappa Health communicate with you about offers from CappaHealth and our marketing partners. However, these companies do not have anyindependent right to share this information. We respond to subpoenas, courtorders, or legal process, or to establish or exercise our legal rights ordefend against legal claims.

We believe it is necessary to share information in order to investigate,prevent, or take action regarding illegal activities, suspected fraud,situations involving potential threats to the physical safety of anyperson, violations of Cappa Health’s terms of use, or as otherwiserequired by law. We may transfer information about you if Cappa Health isacquired by or merged with another company. In this event, Cappa Healthwill post a notice on its website before information about you istransferred and becomes subject to a different privacy policy.

The sites displayed as search results or linked to by the Services aredeveloped by people over whom Cappa Health exercises no control. Theseother sites may place their own cookies on your computer, collect data orsolicit personal information. Cappa Health may present links in a formatthat enables us to understand whether they have been followed. We use thisinformation to understand and improve the quality of Cappa Health’ssearch technology. For instance, this data helps us determine how oftenusers are satisfied with the first result of a query and how often theyproceed to later results.

Registered users can edit their Cappa Health account information, includingcontact preferences, at any time from their “My Account”account management page which you can find athttps://cappahealth.com/profile. We may, from time to time, send you e-mailregarding our products and services and third party products and servicesthat may be of interest to you. You will have the opportunity to opt out ofany further mailings at any time; provided, however, that we reserve theright to send you certain communications relating to the Services, such as(a) communications related to fulfilling a transaction, (b) serviceannouncements, (c) notices regarding Cappa Health’s legal terms andthis Privacy Policy; and (d) administrative messages, which are consideredpart of your Cappa Health account. You will not have the opportunity toopt-out of receiving such notices.

You can delete your Cappa Health registered account by requesting anaccount deletion via email to support@cappahealth.com. You must provide uswith the email address of the registered account. After we have confirmedyour request via email, we will remove access to your personal informationfrom our user database.

We limit access to personal information about you to our employees andagents who we believe reasonably need to come into contact with thatinformation to provide products or services to you or in order to do theirjobs. Your information is stored on our servers located in the UnitedStates. We treat data as an asset that must be protected and use many tools(encryption, passwords, physical security, etc.) to protect your personalinformation against unauthorized access and disclosure. However, thirdparties may unlawfully intercept or access transmissions or privatecommunications, and other users may abuse or misuse your personalinformation that they collect from the site. Therefore, although we workvery hard to protect your privacy, we do not promise, and you should notexpect, that your personal information or private communications willalways remain private. Because email and instant messaging are notrecognized as secure communications, we request that you not send privateinformation to us by email or instant messaging services.

This Privacy Policy only addresses the use and disclosure of information wecollect from you. This policy does not apply to the practices of companiesthat Cappa Health does not own or control or to people that Cappa Healthdoes not employ or manage. The Services may include applications, contentand/or ads from third parties that may perform user activity tracking inaddition to that described herein; Cappa Health accepts no responsibilityfor said activities. Cappa Health does not control the privacy policies ofthird parties, and you are subject to the privacy policies of those thirdparties where applicable. We encourage you to ask questions before youdisclose your personal information to others. For more information abouteach such third party, please refer to the third party’s privacypolicy.

We may amend this Privacy Policy at any time by posting the amended termson the Website. All amended terms automatically take effect immediatelyupon being posted. In addition, we will notify you about significantchanges in the way we treat personal information by sending a notice to theprimary email address specified in your Cappa Health account or by placinga prominent notice on our site. If you do not agree to the changes, you mayterminate your account by requesting an account deletion via email tosupport@cappahealth.com. You must provide us with the email address of theregistered account.

Cappa Health is intended for general audiences. Cappa Health does notcollect or maintain information from those that Cappa Health knows areunder 13, and no part of the Cappa Health Services are targeted to attractanyone under 13.

If you are a California resident, in addition to the rights set forthabove, you have the right to request information from us regarding themanner in which we share certain categories of your personal informationwith third parties, for the third parties’ direct marketing purposes.California law provides that you have the right to submit a request to usat the designated address and receive the following information: thecategories of information we disclosed to third parties for the thirdparties direct marketing purposes during the preceding calendar year, thenames and addresses of third parties that received such information, and ifthe nature of a third party’s business cannot be reasonablydetermined from the third party’s name, examples of the products orservices marketed.

You are entitled to receive a copy of this information in a standardizedformat and the information will not be specific to you individually. Ourdesignated email address for such requests is info@cappahealth.com