Terms of Use

Terms|Terms of Use

Thanks for using the Sharecare health and wellness websites, application, programs and services made available to you by the State of Tennessee  (“State”)("Services"). The Services are provided by Sharecare, Inc. ("Sharecare") to participating members (“Members”) of the State of Tennessee’s health plan.

By using our Services, Members agree to these Terms of Use. Please read them carefully.

Medical Disclaimer

Sharecare has created and compiled the content made available through its Services for Members’ information and use. This information is not intended to replace or modify the medical advice of Member’s doctor or health care provider. Please consult your health care provider for advice about a specific medical condition. Please remember that the information and content, in the absence of a visit with a health care professional, must be considered as an informational/educational service only and is not designed to replace a physician's independent judgment about the appropriateness of risks of a procedure or condition for a given patient.

Using our Services

Don't misuse the Services by accessing them using a method other than that instructed to you by the State or by Sharecare. Members may You may use the Services only as permitted by law.Upon advance notice to and with permission of the State,.

Sharecare reserves the right to suspend or terminate use of and access to the Services by any Member for violation of these terms and conditions, upon prior approval by the State.

Using the Services does not give you ownership of any intellectual property rights in our Services or the content you access, other than your own medical information and data. These Terms of Use  do not grant Members  the right to use any branding or logos used in our Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Services.

In connection with your use of the Services, Sharecare  may send you service announcements, administrative messages, and other information with the State’s permission. Members agree to receive those announcements and messages. Members may opt out of some of those communications in your account profile page on the application or the website.

Some of our Services are available on mobile devices. Members are not to use them in a way that distracts you and prevents you from obeying traffic or safety laws.

Your Sharecare Account

Members may need a Sharecare Account in order to use some of our Services. You may create your own Sharecare Account.

To protect your Sharecare Account, keep your password confidential. Members are responsible for the activity that happens on or through your Sharecare Account. Try not to reuse your Sharecare Account password on third-party applications. If you learn of any unauthorized use of your password or Sharecare Account, contact us.

Privacy

Sharecare will not disclose Protected Health Information unless it is otherwise authorized by the Business Associate Agreement between the State and Sharecare, and is necessary to carry out Sharecare’s contract with the State.  Sharecare will not ask Members to authorize it to discuss Members’ Protected Health Information in a manner not provided for in the Business Associate Agreement between the State and Sharecare.  

Rights and Responsibilities

The obligations of Sharecare to provide a website, splash page, and related mobile application are found in Section  A.15. of the Population Health contract with the State of Tennessee.  

Members have the right to:

  • Receive understandable information.
  • Receive information about Sharecare, including: services provided on behalf of your health plan or plan sponsor the individuals providing you with services and their  contractual relationships with ShareCare (third-party subcontractors approved by the State).
  • Decline participation, revoke consent or dis-enroll from services offered by Sharecare. Through our app or by contacting privacy@sharecare.com
  • Be treated courteously and respectfully by Sharecare colleagues.
  • Communicate complaints to Sharecare and receive instructions on how to use the complaint or appeal process that includes Sharecare's standards of timeliness for responding to and resolving complaints and quality issues.
  • Have information about Sharecare, its programs and services, its staff and its staff's qualifications and any contractual relationship that Sharecare has with any person providing services on behalf of Sharecare .
  • Know which staff are responsible for managing their services and from whom to request a change.
  • Be supported by Sharecare to make healthcare decisions interactively with their practitioners.
  • Be informed of all treatment options included or mentioned in clinical guidelines, even if a treatment is not covered, and to discuss options with treating practitioners.
  • Have personal identifiable data and medical information kept confidential as provided by the Business Associate Agreement between the State and Sharecare and as required by the HIPAA security and privacy rules;
  • That none of their information provided to Sharecare from any source shall be used by Sharecare to market or expand its non-State business relationships or for any pecuniary gain to Sharecare (this includes identified or deidentified information)..

Member expectations:

  • Participate in the program and follow care advice offered by Sharecare.
  • Provide Sharecare with information necessary to carry out the services required by its contract with the State.
  • Notify Sharecare and the treating practitioner if an individual revokes consent or disenrolls from the program.
  • Submit any forms that are necessary to participate in the program, to the extent required by law.
  • Give accurate clinical or health condition information.
  • Supply accurate contact information and notify Sharecare of changes in this information.
  • Advise your  treating providers of  your  participation in Sharecare programs.

Advertising

The sale, marketing or the sharing for commercial use or any purpose construed by the State as the sale, marketing or commercial use of Member’s personal or financial information with third parties, even if such sharing would be permitted by federal or state laws, is prohibited. Members’ data will not be tracked and shared with third parties for advertising or marketing purposes, regardless of whether the data is identified or deidentified.

Sharecare shall not post marketing or advertising messages to Members or otherwise use the Services in any way to market or expand its non-State business relationships, or post content from third parties that have not been approved by the State.  Sharecare shall not sell advertising on this site or post any content or messaging that provides a pecuniary gain to Sharecare other than compensation paid pursuant to its contract with the State of Tennessee.

Modifying and Terminating  Services on this Website

We are constantly changing and improving our Services. No functionalities or features will be added, removed, suspended, or stopped without prior approval of the State of TN. altogether.

Members can stop using the Services at any time, although we'll be sorry to see you go.

Members own their data and preserving Member access to their data is important to Sharecare. Sharecare will not discontinue a Service or functionality without prior advance notice to the State of TN so that Members are provided reasonable advance notice and a chance to get their data out of that Service.

Sharecare’s  Warranties and Disclaimers

Sharecare provides this Website using a commercially reasonable level of skill and care and we hope that you will enjoy using it. But there are certain things that Sharecare does not promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF USE AND SHARECARE’S CONTRACT WITH THE STATE , NEITHER SHARECARE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET MEMBER’S  NEEDS. WE PROVIDE THE SERVICES "AS IS.”

Liability of Sharecare for our Services

Your use of the Services operates as a waiver of all claims you may have against Sharecare for consequential, special, and indirect damages to the extent authorized by Tennessee law.

You agree that the laws of the State of Tennessee, without regard to principles of conflicts of laws, will govern these Terms of Use and any dispute that may arise between you or Sharecare or its affiliates hereunder. 

About these Terms of Use.

Our Terms of Use may change from time to time only with the prior approval of the State.  If the State approves any change to this Terms of Use, we will post any applicable changes on this page and, if the changes are material, we will email you a Notice and post a notice in the Services. Sharecare reserves the right to modify this Terms of Use at any time with the prior approval of the State, so please review it frequently.

In the event the State permits modification or these terms or addition of new Terms of Use Sharecare will post notice of modified or additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately, upon approval of the State. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. No terms will be modified or added without the prior approval of the State.

If there is a conflict between these Terms of Use and additional terms added with approval of the State, the additional terms will control for that conflict provided they have been approved by the State and that reasonable notice has been provided to Members.

If these Terms of Use conflict with Sharecare’s contract and Business Associate Agreement with the State, the terms of the contract and agreement shall control in all instances.

These Terms of Use control the relationship between Sharecare and you. They do not create any third-party beneficiary rights.

If you do not comply with these Terms of Use, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular provision in the Terms of Use is not legally enforceable, this will not affect any other provision.

Resolving Disputes

All  judicial proceedings brought to resolve a dispute between Members and Sharecare or its affiliates must  be brought in the federal or state courts with jurisdiction over Nashville, Tennessee . Both Members  and Sharecare consent to venue and personal jurisdiction there.

The laws of the State of Tennessee will govern these Terms of Use and any dispute that may arise between Members and Sharecare or its affiliates hereunder without regard to principles of conflicts of laws.

Contact Us

For information about how to contact Sharecare, please visit our contact page. Last modified: August 17, 2023