TERMS AND CONDITIONS
The FOCUSfwd program is made available to you by BlueChoice HealthPlan of South Carolina, Inc. through its vendor, Vitality. Although this FOCUSfwd website and/or mobile application contains the FOCUSfwd name, the website and/or application is not the website or application of BlueChoice HealthPlan of South Carolina, Inc. Instead, it is provided by Vitality and allows you to more efficiently interact with the FOCUSfwd program. The Terms and Conditions below are between you and Vitality and apply to your use of the FOCUSfwd website and/or mobile application and the FOCUSfwd program Vitality provides for BlueChoice HealthPlan of South Carolina, Inc. BlueChoice HealthPlan of South Carolina, Inc., however, is an intended third-party beneficiary of these Terms and Conditions and, as a result, will have the right to enforce them. In addition, these Terms and Conditions do not alter the Terms of Use on BlueChoice HealthPlan of South Carolina, Inc.'s website or other applications or any other agreement you may have with your health plan or with BlueChoice Health Plan of South Carolina, Inc., as appropriate, which continues to apply as indicated therein.
For purposes of these terms and conditions BlueChoice HealthPlan of South Carolina makes available to you the website FOCUSfwd (“website”/ “our website”); and the mobile application FOCUSfwd (“Application”), which may be referred to collectively as the “Program/s.” The Program/s are provided on Vitality’s platform (“Vitality” refers to The Vitality Group, LLC including its affiliates and group companies) and are made available to you by BlueChoice HealthPlan of South Carolina and on behalf of either Your employer; Your spouse’s employer; or another provider (“Program Provider”). BlueChoice HealthPlan of South Carolina and Vitality are referred to as “the Parties” “We”; “Us”; “Our”). Furthermore "I", "You" and "Your" refer to each member (“Member).
1. RELEASE AND WAIVER
By registering with the website/application to participate in the Program, I acknowledge that I am doing so voluntarily, I understand that the Parties and their parents, affiliates, subsidiaries, employees, directors and agents are not providing medical advice to me in connection with the Program. Any activities, goals or other information that the Parties present to me under the Program are not substitutes for a medical professional's evaluation, diagnosis and treatment. I must obtain necessary medical advice about participation in the Program from my personal medical service providers.
I understand that certain elements of the Program may involve risk of injuries or aggravation of preexisting injuries, diseases or physical conditions.
I fully accept all such risks resulting from engagement in the Program. I hereby release and discharge and the Parties, along with BlueChoice HealthPlan of South Carolina, Inc. (including its employees, directors, parents, subsidiaries, and affiliates) (collectively, the “Releasees”) from any and all liability, claims, suits, demands or causes of action which may arise from my engagement in the Program. The release and discharge does not include wrongful uses and/or disclosures of my Protected Health Information ("PHI") or personal information which are subject to the provisions of Health Insurance Portability and Accountability Act (HIPAA) and/or other applicable privacy laws. This release of liability and waiver is intended to cover all other acts or omissions of the Releasees even if such act or omission is the result of intentional, reckless, grossly negligent or negligent conduct.
I understand this Release and Waiver is contractual. I have read it fully; I hereby acknowledge that I understand it; and I voluntarily accept all terms and conditions contained herein.
2. PRIVACY AND SECURITY
2.1 SECURITY PRACTICES
We protect all Members' information according to applicable privacy law and established company security standards and practices. We continually evaluate new technologies, policies and procedures for having the most up-to-date methods of safeguarding information. It is Your responsibility to ensure Your device has up to date security features. If you access Our website or mobile application via a non-secure or jailbroken device, you do so at Your own risk. We are not liable for any security breaches due to outdated security measures or unauthorized device modifications.
2.2 INFORMATION COLLECTION AND USE
We will not sell or rent the information collected on this website. Refer to the Vitality Privacy Notice for more details.
2.3 COOKIES
Please refer to our cookie policy.
2.4 WEB SERVER LOG FILES
We may use IP addresses to analyze trends, administer the site, track Members' movements on the website or mobile app, and gather broad demographic information for aggregate use.
2.5 USING EMAIL AND MOBILE (SMS)
2.5.1 If a Member sends us an email communication using any of the email links on the website/application, We may share it with a customer response representative, contractor, employee or agent that is most able to address the Member's inquiry. Once the query has been responded to, it will be discarded or archived, depending on the nature of the inquiry.
The email functionality on the website/application is not completely secure or confidential. Emails may be accessed or viewed by other Internet users while in transit. Therefore, using email is at Your own risk. For more secure communications please utilize the Program's online form submission or contact a Program specialist by phone. Additionally, the Program service center, cannot answer questions regarding other Members, including a Member's spouse. Any questions must be addressed by the account owner.
2.5.2 FOCUSfwd Messages:
Opt in to receive occasional program reminders and suggestions from the platform via SMS. Opt in via Our web form in Your profile section on the website or mobile app in Your Login Preferences section. Message Frequency Varies. Message and data rates may apply.
By opting in to this service, You consent to receive mobile text alerts using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services.
By signing up, You are confirming you are over the age of 13.
STOP Information
Text STOP to 848248 to stop receiving messages from Us (you will receive a confirmation text).
HELP Information
For additional information, text HELP to 848248 or contact 1-877-224-7117.
Supported carriers are:
AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, Google Voice, ACS Wireless, Advantage Cellular (DTC Wireless), Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Carolina West Wireless, Cellcom, Copper Valley, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Chariton Valley Cellular, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), i Wireless (IOWA Wireless), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, Mobi PCS (Coral Wireless LLC), Mosaic, MTA Communications, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, Panhandle Telecommunications, Peoples Wireless, Pine Belt Wireless, Pine Cellular, Pioneer, Plateau, Revol Wireless, RINA, SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. T-Mobile is not liable for delayed or undelivered messages.
We take Your privacy seriously. Please visit https://FOCUSfwd.powerofvitality.com/vitality/login/privacy_statement.
2.6 WEBSITE ACCESS AND REGISTRATION
To use this website, certain Member information is required. Members must complete an online registration form before accessing the website. During registration, You will need to provide Your contact information (name and email address), and other limited information, to ensure identification. Required information will be clearly indicated on the registration form.
2.7 MEMBER CONDUCT
We are committed to providing a safe environment for all Members. We reserve the right to provide Program Provider with the content of communication as well as Your name if you provide a comment, feedback or customer care communication which We consider as threatening or inappropriate in any way.
3. PROGRAM RULES AND PARAMETERS
3.1 AUTHORITY AND MODIFICATIONS
The Parties have sole discretion in administering the Program's terms and conditions.
These terms and conditions may change from time to time without prior notification.
A modified copy of the terms and conditions will be posted on the website once any changes are in effect.
The Parties are not responsible for misinterpretation or lack of knowledge of terms or conditions.
By agreeing to these terms and conditions, You hereby certify that You are at least 18 years of age or that You are the legal guardian of any Member under the age of 18.
3.2 CANCELLATION
The Parties reserve the right to terminate the membership of anyone who fails to adhere to the terms and conditions/Terms of Use, or for behavior or actions We deem as inappropriate.
In such cases, We will notify the Member within a reasonable period via the email address provided during registration.
Upon termination, all services, rewards, Points, Bucks and other benefits of the program that may be made available to You cease immediately and will not be reinstated. If Your membership is terminated, You may lose access to certain subscription services and benefits obtained through the Mall if made available to You.
3.3 REASONABLE ALTERNATIVES AND MEMBER ACCOMMODATION
The Program’s 's Personal Pathways offer Reasonable Alternative Standards to earn health-contingent points and Member-specific alternatives as advised by Your healthcare professional. Such alternative will be provided by Us.
If You feel you are medically unable to satisfy the requirements or the provided Reasonable Alternative Standard needed to earn points, You can complete a waiver form and have it signed by a medical physician.
The waiver form can be found on the website.
3.4 ASSUMPTION OF RISK
Participation in the program, including without limitation, any Program Provider sponsored events, challenges, activities or other incentives related to the Program, may involve physical exercise, biometric screening and other health and fitness activities. These activities may carry risks or may not be suitable for everyone.
Recommendations in program materials are intended for healthy, active individuals without cardiovascular heart disease, risk factors or other contraindications to exercise.
Participants fully accept all risk and responsibility involved in engaging in the program.
The Parties are not liable for any loss, injury or other adverse effects in connection with participation in the Program.
Before engaging in these activities, please consult with Your healthcare professional for a thorough evaluation of Your condition, and guidance on is safe and appropriate for You.
3.5 UNFUNDED ACTIVITIES
Many activities and engagements such as biometric screening, have charges that are not funded by the Program Provider.
3.6 EARNING POINTS
To understand the requirements and other stipulations regarding Program engagement and earning of Points, please review the descriptions of each specific activity. Terms and conditions specific to reward redemption and other Program benefits are set forth in the applicable sections of this website. For example, to earn Points for achieving a goal, You must first activate the goal before completing it.
Members must use the designated forms and supply all requested documentation for activities to be recognized. You may need to provide Your full Program ID number or additional supplemental details or proof to earn Points for certain activities. We encourage You to use the Online Submission when available, for added security and efficiency.
Program engagement will be credited only to the account of the Program Member completing the activity.
Members are responsible for ensuring their engagement and any Points are correctly credited. If You believe that Program engagement has been earned but not properly credited, You may be required to submit documentation or satisfactory proof to the Program Support Team. Please allow up to two weeks for most activities to be credited.
3.7 POINTS & OTHER BENEFITS
Accrued Points, Bucks, Status and other rewards and benefits –if included in Your Program- are not transferable and cannot be combined among Members, their estates, successors, or assignees.
All Member benefits are forfeited immediately upon termination from the Program.
If a Member changes status from a primary on the account to spouse, or vice-versa, the Member may call in to request points are transferred. All Bucks from the original account are non-transferrable and will be void.
3.8 RIGHT TO REVOKE
The Parties reserve the right to deny or revoke Points or other credits if We determine that such credits were improperly given.
3.9 NO RETROACTIVE UPGRADE
Upgrades in benefits tied to a Status are effective on the date of upgrade to that Status.
A Member's Status cannot be retroactively upgraded.
Benefits correspond to a Member's Status at the time of redemption, without any retrospective adjustment for subsequent Status upgrade.
4. CAN I RECEIVE THE TERMS AND CONDITIONS IN ANOTHER LANGUAGE
Yes. A Member can request the Terms and Conditions or other legal terms to be sent to them in another language. A Member must email our Customer Care team. The subject line must say: “Translation of Terms and Conditions.” Or “Translation of Privacy Notice.”