UPS Healthy Connections – Informed Choices

United Parcel Service ("UPS") is proud to sponsor a new addition to its UPS sponsored Health Plans (the "Plans") the UPS Healthy Connections – Informed Choices Program (the "Program"). The Program consists primarily of two components: the Informed Choices Website and the Informed Choices Health Coaches. There are also telephone nurselines services that may be available to Plan participants who are partnering with a health coach through various components of the Program. This Program is an integral part of the overall health coverage provided by your Health Plan and is designed to improve the overall health of the Plan participants and to lower the ever increasing cost of health care—both of which will benefit you. This Program is administered by various claims administrators.

The UPS Healthy Connections – Informed Choices website is located at www.upshealthyconnections-informedchoices.com ("Program Site"). The Program Site is made available to you conditioned on your acceptance without modification of these terms of use ("Terms of Use"). Your use of the Program Site constitutes your agreement to these Terms of Use.

The Program Site contains information about the UPS Healthy Connections– Informed Choices health coaches. Your participation in the UPS Benefit Plan constitutes your agreement to be assigned a health coach if a potential need is identified through the UPS Healthy Connections–Informed Choices Program. See Use of Your Health Information in Providing You with the Program Site and/or a Health Coach below.

YOU SHOULD CAREFULLY READ THIS AGREEMENT BEFORE USING THE PROGRAM SITE AS THIS AGREEMENT GOVERNS YOUR USE OF THE PROGRAM SITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE PROGRAM SITE. IN THE EVENT OF AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY AND DO NOT RELY ON THE PROGRAM SITE OR A HEALTH COACH FOR TREATMENT INFORMATION.

1 . User Eligibility and License.

The Program Site is available only to Plan participants and/or covered dependents who are over 13 years of age and who can form legally binding agreements. If you do not qualify, you are not authorized to and should not use the Program Site without the supervision of a parent or legal guardian who can form the legally binding agreement on your behalf.

• Copyrights
  The content of the Program Site is protected by United States and international copyright laws. Any use of the Program Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. The content of the Program Site and its features are subject to change or termination without notice in the editorial discretion of UPS and its Plan administrators. UPS grants you a limited personal, nontransferable, non-sublicensable, revocable worldwide license to access and make personal, non-commercial use of the Program Site. You may view, copy, print material from the Program Site, as long as the material is used by you for information only and the material is used only for non-commercial purposes and not for sale or further distribution. Any rights not expressly granted by this Agreement are reserved by UPS.
  
  
• Unauthorized Modification
  These Terms of Use do not grant any license to modify, alter or frame the materials on the Program Site that are viewed, downloaded or otherwise accessed by you. You may not input or upload onto the Program Site any information or computer code that is intended to, or are likely to, damage, interfere with, alter, intercept or expropriate any data or system, or that infringes any intellectual-property rights of UPS or any third party. Inappropriate inputs and uploads include Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines. Modification may result in disciplinary action through the UPS employee policies and procedures.
  
  
• Unauthorized Use by Minors
  The Program Site is not meant for use by and may not be used by minors without the supervision of a parent. The Program Site is not intended or designed to attract children under the age of 13. In some cases, the website addresses mature topics (e.g. topics related to sexual function, etc) that many may deemed by some to be offensive when viewed out of context. See also Potentially Offensive Health-Related Materials below.
  
  
• Unauthorized Users and the Use of Passwords
  As a Plan participant/covered dependent and Program Site user you hereby agree to be responsible for ensuring that no unauthorized person (including minors) shall have access to your Program Site password/access code, if applicable. It is your sole responsibility to (1) control the dissemination and use of your password/access code; and (2) promptly inform UPS of any need to deactivate a password/access code. Notification should be provided via the "Contact Us" link on the main portal.
  
  
• Potentially Offensive Health-Related Materials
  The Program Site may contain health-related materials that address mature topics and are graphic in their details. You may feel these materials are not appropriate for viewing by minors or these materials may be deemed offensive to you as an adult. Adults are urged to exit the Program Site if such materials are potentially offensive and are urged to prevent access to the Program Site by minors without supervision.

2. Benefit Discrepancies.

The Program Site is intended as a general guide to the UPS Healthy Connections – Informed Choices program, which is a part of the Plans. The Program Site does not include every detail of the Program. Moreover, the terms of the Plan are described in separate documents that dictate the benefits provided under the Plan ("Plan Documents"). If there is any discrepancy between the Plan Documents and information contained on the Program Site and/or information provided by a health coach the Plan documents will govern. If you have any questions about a particular benefit provided under the Plan (including without limitation, whether any services or treatments you discuss with a coach are covered under a plan) you should refer to your Plan's Summary Plan Description. If you do not have a copy of your Plan's Summary Plan Description, you can request a copy by contacting the UPS Benefits Service Center at 1-800-UPS-1508. UPS reserves all rights to make changes at any time in the benefits, costs and other provisions relative to the Plan. Nothing in this Terms and Use should be construed otherwise.

3. Linked Third Party Websites.

The Program Site contains links to other third party medical or health-related informational websites that are not administered by UPS or the Plan administrator ("Linked Website(s)"). UPS has no control over any Linked Websites and shall not be responsible for the availability of Linked Websites or their content. Access a Linked Website only at your own risk. Linked Websites (and any additional websites to which they link) may contain information that is inaccurate, incomplete, outdated, or information about uses of products that have not been approved by the Food and Drug Administration or other governmental or self-regulatory body. UPS does not review for accuracy or endorse or provide warranties of any kind as to the proprietors or content of any Linked Websites.

4. Program Site is Not a Source of Medical Advice.

CALL YOUR PHYSICIAN OR 911 IMMEDIATELY IN THE EVENT OF AN EMERGENCY. The content of the Program Site and Linked Websites are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, or treatment by a physician. Always seek the advice of your physician with any questions you have regarding your overall health or a particular medical condition. Never delay seeking professional medical help and never disregard the advice of your physician because of information viewed on or through the Program Site. Health information is subject to change at any time, and any information obtained from any website should be confirmed with your physician.

5. Health Coaches, Telephone Line Attendants and Others Administering or Providing Services under the Program are not Physicians and Should not be Used as a Substitute for Physician Visits or Medical Advice.

CALL YOUR PHYSICIAN OR 911 IMMEDIATELY IN THE EVENT OF AN EMERGENCY. Persons providing services through the Program ARE NOT PHYSICIANS. Health coaches (registered nurses), telephone line attendants and others administering Program services are typically individuals with somewhat limited medical training – unlike highly trained licensed physicians. The health coaches are a source of wellness information to be used for informational purposes only. Information provided by these individuals is not intended to be a substitute for professional medical advice, diagnosis, or treatment of a physician. Always seek the advice of your physician with any questions you have regarding your overall health or a particular medical condition. Inform your physician of your use of a health coach or other Program resources (including telephone services), if applicable. Never delay seeking professional medical help and never disregard the advice of your physician because of information received from a health coach or any other individual administering or providing services under the Program. Health information is subject to change at any time, and any information obtained as a result of the Program should be confirmed with your physician.

6. Intellectual-Property Ownership and Use.

All intellectual property associated with the Program Site, including its content and the trademarks, service marks, trade dress and proprietary designs appearing on the Program Site or referenced in them, are the sole property of UPS, its venders, licensors, licensees or other third parties. Any rights associated with any such intellectual property are retained by the owner and are protected by applicable law. These Terms of Use expressly prohibit any use of any intellectual property associated with the Program Site except as specified in the Program Site or as otherwise expressly authorized by UPS in writing.

7. Service Information.

UPS may provide new services, features or information on the Program Site which will be subject to these Terms of Use. We encourage you to visit the Program Site from time to time to review the new information provided and to review the current version of the Terms of Use.

8. Your Information and Privacy Considerations.

• Use of Your Health Information in Providing You with the Program Site and/or a Health Coach
  Upon enrollment in the Plan, you received a copy of the UPS Health Plan Notice of Privacy Practices ("UPS Plan NOPP") which explains the ways in which your protected health information (information created or received by or on behalf of the Plan) may be used and disclosed by the UPS Benefit Plan and its administrators according to applicable law. The UPS PLAN NOPP can be accessed on this Program Site by "clicking" on "Privacy Statement" located at the bottom of each page or by going on-line at UPSers.com. The UPS Plan NOPP advised you that the Plan may use your medical information to contact you or give you information about treatment alternatives or other health-related benefits and services that may be of interest to you.
  
  The Program Site and health coaches are provided to you in accordance with the UPS Plan NOPP as part of a health initiative program that supports UPS's overall health care strategy. This new program provides Plan participants and covered dependents with a guided, self-help program that will empower employees and their covered dependents with health care education, quality evidence-based medical information and decision-support tools for making informed health care decisions leading to a desired patient outcome for you and your family.
  
  The Program analyzes Plan information such as a Plan participant's recent prescriptions, doctor visits, hospital stays, emergency room visits, and health assessment data to determine a potential need for the services of a health coach. The Claims Administrators will be monitoring this data to determine who may benefit from the services of a health coach. The coaches, who are employees of the claims administrators, have access to sophisticated technology that enables them to identify people who are potentially at risk for health issues.
  
  Once identified, you may be contacted by a health coach. Upon initial contact by a health coach, you may inform the coach if you do not wish to utilize the coaching services for the particular health condition that has been identified.
  
  Under no circumstances will your protected health information be used in a way not otherwise set out in the UPS Plan NOPP. In other words, the information will be used only as necessary to administer the Plan and the Program. This means that your protected health information will not be disclosed to UPS as your employer for employment purposes. REMINDER: Certain employees of UPS who are charged with administering the Plan have access to your protected health information as set forth in the NOPP. However, these individuals are prohibited from using your Plan information other than as set forth in the NOPP and they may not disclose your information to employees of UPS not otherwise designated as plan administration personnel in the NOPP without your authorization (except as required by law).
  
  
• Collection and Use of Your Health Information as a Result of Your Use of the Program Site
  The Program Site may use passive information devices, including, without limitation, the collection of Internet IP addresses and navigational data and the use of cookies. Each time you use the Program Site non-personal information is temporarily collected through the use of "cookies," which are small data files that the Program Site places in the browser file of your computer's hard drive. Each cookie is deleted automatically after a set time or when you close your Web browser and, while most browsers automatically accept cookies, you may be able to change your browser setting to reject cookies should you choose to do so.
  The Program Site does not collect personally identifiable protected health information about you based on your use of the Program Site at this time, but we reserve the right to do so, upon notice through these Terms of Use, in the future.
  
  
• Collection and Use of Your Health Information as the Result of Your Use of a Linked Website
  This Program Site contains links to other outside/external third party Linked Websites – not maintained by UPS or its Plan Administrators. The UPS Plan NOPP applies only to the Program Site – not Linked Websites. UPS and its Plan administrators do not disclose personally identifiable protected health information to Linked Websites, and are not responsible for the privacy policies and practices of those Linked Websites. You are responsible for reading the privacy policies of each Linked Website to determine what information the Linked Website may be collecting about you. Be cautious and be aware that Linked Websites may collect, retain or sell personal information about you and your searches.
  
  
• Collection and Use of Your Health Information as a Result of Your Use of the Health Coach
  If you are identified as a potential candidate for a health coach, the health coach will contact you. If you choose to utilize the services of a coach, any protected health information generated as a result of your use of the coach will be kept confidential by the coach and Plan administrator. Your participation (or failure to participate) will not be revealed to UPS as your employer.
  

9. No Warranty.

The Program Site, including any content or information contained within them and any Linked Websites, are provided "as is" and "as available." AS TO THE PROGRAM SITE, AND ANY SUCH LINKED WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW, UPS EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Without limitation to the foregoing, UPS, the Program Site, its licensors, and its suppliers make no representations or warranties about the following: (a) The accuracy, reliability, completeness, currentness, or timeliness of the content of the Program Site or its Linked Websites, software, text, graphics, links, or communications provided on or through the use of the Program Site; or (b) The satisfaction of any government statutes or regulations requiring disclosure of information relating to prescription drug products that may be mentioned on the Program Site.

Without limitation to the foregoing, UPS makes no warranty: (a) that there will be no interference with your enjoyment of the Program Site; (b) that any request will be honored according to your schedule or any stated schedule; (c) that the Program Site will otherwise meet any specifications, requirements or expectations; (d) that the Program Site will be uninterrupted, timely, secure or error free; (e) that the results that may be obtained from use of the Program Site will be accurate and reliable; (f) that any errors in the content of the Program Site will be corrected.

You assume total responsibility and risk for your use of the Program Site and any Linked Website. Any material downloaded or otherwise obtained through the use of the Program Site shall be so obtained at your own discretion and risk. UPS will not be responsible for any damage to your computer system or loss of data that results from so obtaining any such material. You are solely responsible for implementing sufficient precautions, procedures and checkpoints to satisfy your own computer and personal security requirements.

10. Limitation of Liability.

IN NO EVENT SHALL UPS, ITS AFFILIATES, OTHER RELATED ENTITIES, SUBSIDIARIES, JOINT VENTURES, PARTNERS, ENTITIES IN SUBSTANTIAL COMMON CONTROL OR THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITIES OR ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY ARISE, DIRECTLY OR INDIRECTLY, FROM ACCESS TO THE PROGRAM SITE, FROM THE USE OF THE PROGRAM SITE, FROM THE INABILITY TO USE THE PROGRAM SITE, THROUGH THE DOWNLOADING OF ANY CONTENT (INCLUDING, WITHOUT LIMITATION, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE PROGRAM SITE) OR IN CONNECTION WITH ANY VIRUSES, BUGS, ACTION OR INACTION OF ANY COMPUTER SYSTEM, TELEPHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTION, OR ANY OTHER ERROR, FAILURE OR DELAY IN DATUM TRANSMISSION OR NETWORK CONNECTION, EVEN IF ADVISED OF THE POSSIBILITY OF THAT DAMAGE.

UPS shall have no liability for the deletion of any communications or information collected, maintained or transmitted by the Program Site or the failure to store any information, including personalized settings. UPS has no liability with respect to any information posted by users on chat rooms, bulletin boards or other user form.

11. Modifications.

We may change or revise these Terms of Use from time to time by updating this posting. Your use of the Program Site reaffirms your continuing agreement to the then-current version of these Terms of Use.

12. Jurisdiction

Upon your use of the Program Site, you expressly agree that exclusive jurisdiction for any dispute with UPS in any way relating to your use of the Program Site, resides in the State of Georgia , and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Georgia in connection with any such dispute including any claim involving the Program Site, UPS or its affiliates, subsidiaries, employees, contractors, officers, and directors as it relates to you use of the Program Site.

Except where otherwise preempted by the Employee Retirement Income Security Act of 1974 ("ERISA"), you further agree that these Terms of Use are governed by the substantive laws of the State of Georgia without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use.

13. To Report Corrections to or Problems with the Program Site or Linked Websites

Questions or comments regarding the Program Site and its content (including any reports of non-functioning Linked Websites) should be submitted via the “Contact Us” link on the main portal.

14. Complete Agreement.

These Terms of Use constitute the entire agreement between you and UPS with respect to your use of the Program Site, superseding any other agreement between you and UPS with respect to the subject matter of these Terms of Use. Section headings in these Terms of Use are for convenience only and have no legal or contractual effect. If any provision of these Terms of Use is found to be unenforceable, the other provisions shall still remain in full force and effect.

These Terms of Use were last updated in April, 2006. Please check back periodically for updates and changes.

United Parcel Services

55 Glenlake Parkway, NE

Atlanta, GA 30329

Attn: UPS Corporate Healthcare