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Welcome to My Health Tracker! You've decided to log in as a guest. As a guest, you'll be able to use My Health Tracker in exactly the same way as someone who has registered, but with one major difference: Nothing you enter will be saved permanently. If you close your Web browser, or if three hours have passed since you first logged in as a guest, all of the information you entered will vanish.

If, while you're logged in as a guest, you decide you want to register and save all your info permanently, you'll have the option to do so: There will be a link near the top of every page that you can click to register for My Health Tracker. All of the information you entered while still logged in as a guest will be saved to your account when you register.

Before you log in as a guest, please approve the agreement below:

Personalized Health Tracker Participation Agreement

This Participation Agreement is entered into between you and Body Health Resources Corporation, its successors and assignees (collectively referred to as “THEBODY.COM”) for the purposes and under the terms and conditions described below.

1. Your Data. As used in this Participation Agreement, “Your Data” means all the information that you provide through the Personalized Health Tracker including, without limitation, all HIV/AIDS-related health information, such as your HIV status and drugs you may have taken for the treatment of HIV/AIDS. You will not be asked to enter identifiers such as your name, address, telephone number or e-mail address. The username and password that you create will therefore be the only way for you to access the information you have entered into the Personalized Health Tracker, and it is very important that you remember your username and password.

2. Voluntary Nature. You may contribute Your Data to THEBODY.COM. Your decision to provide Your Data is completely voluntary. Providing Your Data to THEBODY.COM via the Personalized Health Tracker is not necessary to obtain information from THEBODY.COM. You must be at least 18 years of age and a citizen or permanent resident of the United States to sign this Participation Agreement and participate in the Personalized Health Tracker, and the decision to submit Your Data to THEBODY.COM must be yours alone. If you choose not to sign this Participation Agreement, you will not be permitted to enter information into the Personalized Health Tracker and thus may not use the Personalized Health Tracker.

3. Disclosure of Information. Your Data will be used by THEBODY.COM to present information to you via the Personalized Health Tracker. Your Data will be disclosed by THEBODY.COM to others only for the purposes set forth in this Participation Agreement, or as required by law. Your Data may be used to create aggregated data that THEBODY.COM may, without additional consent from you, disclose to one or more organizations that THEBODY.COM determines, in its sole and absolute discretion, are conducting useful research, such as academic medical centers, government-funded research organizations, and non-profit AIDS service organizations. THEBODY.COM does not evaluate, approve, review or endorse any programs or activities of any organizations to which such aggregated data is provided, nor does THEBODY.COM guarantee that Your Data will be used to create any such aggregated data provided to any such organizations.

4. Independent Technology Providers. THEBODY.COM may disclose Your Data to Independent Technology Providers. In this Participation Agreement, “Independent Technology Provider” means an entity with which THEBODY.COM contracts to engineer, develop, maintain or audit the Personalized Health Tracker. THEBODY.COM requires, by contract, that each Independent Technology Provider maintain the confidentiality of Your Data in compliance with applicable law and this Participation Agreement. Independent Technology Providers are prohibited by contract from further disclosing Your Data, except as permitted or required by law.

5. Security Safeguards. THEBODY.COM will take precautions to maintain the confidentiality of Your Data, including encrypting all transmissions that include Your Data. Nevertheless, precautions can fail. IT IS IMPOSSIBLE TO STATE WITH CERTAINTY THAT ENCRYPTION TECHNOLOGIES ARE UNDECIPHERABLE, OR THAT SO-CALLED “SECURE” SERVERS ON OR OFF THEBODY.COM’S PREMISES ARE IMPENETRABLE TO THOSE WITHOUT AUTHORIZED ACCESS, OR INDEED THAT NO INDIVIDUAL HANDLING THIS INFORMATION WILL MISAPPROPRIATE IT. WE TAKE REASONABLE STEPS TO MINIMIZE THOSE POSSIBILITIES, BUT THOSE ARE ALL RISKS YOU TAKE IN SUBMITTING INFORMATION VIA THE PERSONALIZED HEALTH TRACKER. Access to Your Data will be provided only on a “need to know” basis. THEBODY.COM will notify you via your Personalized Health Tracker online interface if it believes an event has occurred with the Personalized Health Tracker that compromises the security of Your Data.

6. General Disclaimer. THEBODY.COM is not engaged in, has no special expertise regarding, and you should not rely upon us for, the rendering, delivering, furnishing, transferring or provision of medical, pharmaceutical, clinical, therapeutic, social service, research, discretionary, health care, or professional advice, counsel, items or services of any kind. The information provided to and by THEBODY.COM is not intended to be used by any individual or entity for diagnosing or treating a health or social services problem or a disease, and is not a substitute for professional, expert or therapeutic medical or social services care. If you have or suspect you may have a health or social services problem, you should consult your health care or social services provider, agency or professional. In addition, THEBODY.COM is not a clinical researcher, licensed health care or social services provider, pharmacy, pharmacist, involved in the sale or distribution of drugs, devices or dietary supplements, a fiduciary or trustee with respect to you, a health plan or health plan sponsor with respect to you, or a health insurance entity, and you are not THEBODY.COM's patient, client or health plan participant or member. The information you store at the Personalized Health Tracker may be removed by THEBODY.COM at any time.

7. Disclaimer of Warranties. ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THEBODY.COM ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS UNLESS DISCLAIMING SUCH WARRANTIES IS PROHIBITED BY LAW.

8. Limitation of Liability. THEBODY.COM FURTHER SPECIFICALLY DISCLAIMS LIABILITY FOR CORRUPTION, ERASURE, OR OTHER DESTRUCTION OF YOUR DATA, FOR UNAUTHORIZED INTERCEPTION OR INFILTRATION OF YOUR DATA, AND FOR MISAPPROPRIATION OF YOUR DATA BY THIRD PARTIES OR EMPLOYEES OF INDEPENDENT TECHNOLOGY PROVIDERS, OR OF ORGANIZATIONS TO WHICH YOUR DATA IS PROVIDED PURSUANT TO SECTIONS 3 AND 4 OF THIS PARTICIPATION AGREEMENT. MOREOVER, WE CAN MAKE NO ASSURANCES FOR THE TIMES YOUR DATA WILL BE OUT OF OUR DIRECT CONTROL, DURING BOTH TRANSMISSION AND STORAGE. YOU ALSO HEREBY AGREE THAT THEBODY.COM SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY ACT OR OMISSION OF ANY ORGANIZATIONS TO WHICH YOUR DATA IS PROVIDED PURSUANT TO SECTIONS 3 AND 4 OF THIS PARTICIPATION AGREEMENT OR ANY AGENT OR EMPLOYEE THEREOF.

9. No Compensation or Ownership Rights. You will not be compensated in any way for providing Your Data to THEBODY.COM, and you hereby waive any ownership or other property rights (if any) in any of Your Data, including, without limitation, any aggregate information that may be created from Your Data.

10. Inaccessibility of Your Data for Treatment. Providing Your Data to THEBODY.COM through the Personalized Health Tracker in no way means that you are giving clinical, medical or other health information to health professionals or health care providers, particularly in regard to information necessary to identify health conditions or drug interactions. You must provide all such information to the pharmacists, pharmacies and other appropriate health care professionals and providers that provide or will provide services to you. THE INDIVIDUALS HANDLING YOUR DATA WILL NOT BE MEDICAL PROFESSIONALS. PLEASE BE AWARE THAT YOUR DATA, INCLUDING INFORMATION ABOUT YOUR LAB RESULTS OR MEDICATIONS WILL NOT BE MADE AVAILABLE TO PROFESSIONALS TREATING YOU. IN ORDER TO PROTECT YOURSELF FROM DRUG INTERACTIONS OR OTHER ADVERSE EVENTS, ALWAYS INFORM YOUR DOCTOR OF ALL THE MEDICATIONS YOU TAKE. YOUR DATA IN THE PERSONALIZED HEALTH TRACKER IS IMPERMANENT, IS NOT ENTERED BY ANY MEDICAL PROFESSIONAL, MAY CONTAIN INACCURACIES, MUST NOT BE RELIED ON AS A MEDICAL RECORD, AND MAY BE INTENTIONALLY OR UNINTENTIONALLY DELETED OR RENDERED INACCESSIBLE BY THEBODY.COM AT ANY TIME. ALWAYS KEEP COPIES OF YOUR OWN MEDICAL RECORDS USING YOUR OWN STORAGE MEDIA.

11. Compensation to THEBODY.COM. Although you do not pay THEBODY.COM for its services in connection with the Personalized Health Tracker or other activities described in this Participation Agreement, THEBODY.COM receives compensation for services rendered in connection with the Personalized Health Tracker and related activities from certain sponsors, including pharmaceutical companies that market HIV/AIDS medications.

12. Copies of Your Data. State law may give you the right, upon written request, to see or obtain a copy of Your Data as it is maintained by, or in the custody or control of, THEBODY.COM in the Personalized Health Tracker at the time your request is processed.

13. Governing Law. THEBODY.COM’s corporate offices are in New York State, and Your Data will be maintained in New York State. You agree that this Participation Agreement will be governed by the laws of New York State, without reference to choice of law rules. New York law sets forth requirements that may apply to the disclosure of Your Data, please read the following:

By signing this Participation Agreement, you are authorizing the release of medical information, including HIV-related information, as provided in this Participation Agreement. Confidential HIV-related information is any information indicating that a person has had an HIV-related test, or has HIV infection, HIV-related illness or AIDS, or any information that could indicate a person has been potentially exposed to HIV. Your information may be protected from disclosure by federal privacy law and state law. However, some re-disclosures of medical and/or HIV-related information are not protected under federal law. Under New York State Law, HIV-related information can only be given to people you allow to have it by signing a written release. However, this information may also be released to the following: health providers caring for you or your exposed child; health officials when required by law; insurers to permit payment; persons involved in foster care or adoption; official correctional, probation and parole staff; emergency or health care staff who are accidentally exposed to your blood, or by special court order. Under State law, anyone who illegally discloses HIV-related information may be punished by a fine of up to $5,000 and a jail term of up to one year. For more information about HIV confidentiality, call the New York State Department of Health HIV Confidentiality Hotline at 1-800-962-5065; for information regarding federal privacy protection, call the Office for Civil Rights at 1-800-368-1019.

By signing this Participation Agreement, you are allowing Your Data to be given to THEBODY.COM and those people or entities listed in sections 3 and 4, for the reasons listed there. You may print a copy of this form by following the instructions in section 18. Disclosures of Your Data cannot be revoked, once made. You may however, at any time, revoke your consent for THEBODY.COM to use or disclose Your Data by following the procedures in section 15. Otherwise, your consent will be effective until the THEBODY.COM ceases to operate the Personalized Health Tracker.

New York State law protects you from HIV related discrimination in housing, employment, health care and other services. For more information call the New York State Division of Human Rights Office of AIDS Discrimination Issues at 1-800-523-2437 or (212) 480-2522 or the New York City Commission on Human Rights at (212) 306-7500. These agencies are responsible for protecting your rights.

14. Acceptance of Terms. By accepting the terms of this Agreement, you agree that you have no unanswered questions about this Participation Agreement. You agree that by clicking on the check box and the Submit button below, you intend to be legally bound by the terms of this Agreement, are electronically signing and delivering this Participation Agreement to THEBODY.COM, and doing so shall have the same binding force and effect as delivering a handwritten signature on the Participation Agreement.

15. Withdrawal of Consent. This Participation Agreement shall be effective as long as THEBODY.COM operates the Personalized Health Tracker, unless you withdraw your consent. No later than five business days after we receive notice of your withdrawn consent (the "Withdrawal Date"), Your Data will be removed from the Personalized Health Tracker; however, any aggregated data that was created using Your Data prior to the Withdrawal Date will not be removed. To submit your withdrawal, you can go to the “MyAccount” section of the Personalized Health Tracker or send a letter (including your username for the Personalized Health Tracker) to THEBODY.COM, 250 West 57 Street, New York, New York 10107. You permit THEBODY.COM to accept as authentic any submission containing the username you previously entered in your Personalized Health Tracker, and THEBODY.COM may rely on the submission and make no further effort to obtain confirmation.

16. Modification. You agree that THEBODY.COM may amend this Participation Agreement from time to time by electronically presenting updated terms and conditions via your Personalized Health Tracker online interface. By clicking on the check box and the Submit button that will be presented, you will electronically accept those amendments. If you choose not to accept those amended terms and conditions, you might no longer be permitted to access the Personalized Health Tracker.

17. Termination. You agree that THEBODY.COM may at any time terminate the Personalized Health Tracker described in this Participation Agreement, and/or your individual participation, for any reason. THEBODY.COM's duties of confidentiality with respect to Your Data survive any termination.

18. Printing Instructions. Click here to open this agreement in a new browser window from which a printed copy can be generated.


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