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HealthSmart Holdings, Inc., along with its various affiliates and
subsidiaries ( collectively known as “HealthSmart”) states that the following
terms and conditions ( “Terms”) govern the use of all HealthSmart websites,
which includes all websites owned and operated by HealthSmart ( the “Sites”).
Accessing and viewing the Sites or downloading or printing information from the
Sites (hereby known as “Use” or “Using”), conveys your acceptance of these Terms
as outlined below. If you do not accept these Terms, you do not have permission
to Use the Sites and should exit immediately. By Using the Sites, you are
entering into an agreement with HealthSmart that you understand the Terms and
agree to abide by them. This agreement is the legal equivalent of a signed and
written contract that is legally binding. 1. Proprietary Rights
All material contained in the Sites is protected by law, including but not
limited to, United States copyright law. Except as indicated, HealthSmart is the
owner of the copyright in the entire content (including trademarks, service
marks, text, graphics, logos, email messages, bulletin board postings,
brochures, communications and newsletters), as well as the various website
addresses, and HealthSmart hereby reserves all rights in that regard.
HealthSmart grants permission to access, view, download, copy, print and
distribute non-confidential information found on the Sites provided the
copyright notice appears on all copies, use is for internal informational
purposes only, and no modification is made to any materials. You may not
reproduce, display, publish, transmit, distribute or otherwise use the materials
from the Sites for any public or commercial purpose without the prior written
permission of HealthSmart. HealthSmart owns all trademarks, service marks or
other logos featured on the Sites, and any use or misuse of these trademarks,
service marks or logos is expressly prohibited and may be a violation of federal
and state law. 2. Disclaimer of Liability and Warranty
USE OF THE SITES IS ENTIRELY AT YOUR OWN RISK. HEALTHSMART PROVIDES THE SITES
ON AN “AS IS” AND “WHEN AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO
EVENT WILL HEALTHSMART OR OTHER THIRD PARTIES MENTIONED OR REFERENCED ON THE
SITES, BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO SPECIAL,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE, INABILITY
TO USE, OR RELIANCE UPON THE SITES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, DEFECTS, DELAYS OR SYSTEM MALFUNCTION OF THE SITES, REGARDLESS OF
WHETHER HEALTHSMART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HEALTHSMART DOES NOT GUARANTEE THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED,
THAT ALL LINKS WILL WORK, OR THAT YOU WILL HAVE ACCESS TO ALL INFORMATION. 3.
Indemnity
By Using the Sites, you agree to indemnify, defend and hold harmless
HealthSmart, its affiliates and subsidiaries, and all of their respective
directors, officers, employees, representatives, proprietors, partners,
servants, principals, agents, predecessors, successors, assigns, and attorneys
from and against any and all fines, suits, proceedings, claims, causes of
action, demands or liabilities of any kind or of any nature arising out of or in
connection with Use of the Sites and any breach by you of the Terms herein.
4. User Communications, Including Email, Via the Sites
All information, ideas, suggestions, bulletin board postings, surveys,
feedback, comments, questions or other communication (hereby known as
"Communication") you transmit or provide to the Sites are, and will be treated
as, non-confidential and non-proprietary, unless such Communication is
classified as protected health information pursuant to the Health Insurance
Portability and Accountability Act (HIPAA). (For more information on our Privacy
Notices, please click here). Use of the Sites and any submission of
Communications is entirely at your own risk. The User is responsible for
whatever Communication is submitted, and the User has full responsibility for
any submitted Communication, including its legality, reliability,
appropriateness, originality, and copyright.
HealthSmart prohibits any posting or transmission of a Communication that is
unlawful, encourages unlawful behavior or is otherwise inappropriate.
HealthSmart reserves the right to refuse or block any Communication or Use of
the Sites that is unlawful, encourages unlawful behavior, or is otherwise
inappropriate.
HealthSmart strives to maintain control of the Sites, within the constraints of
current technology; however, as is customary for non-encrypted Internet email
communications, your email may be accessed and viewed by other Internet users,
without your knowledge and permission, while in transit to HealthSmart. For that
reason, to protect your privacy, you should not use email to communicate
information to HealthSmart that you consider to be confidential, especially any
protected or personally identifiable health information. HealthSmart disclaims
all liability with respect to any unauthorized access by third parties. 5. No
Solicitation or Offer
The Sites are designed to provide general information about HealthSmart, its
products and services, and its affiliates and subsidiaries. By Using the Sites,
no invitation, solicitation, or offer to join any HealthSmart network, program,
or plan(s) exists. HealthSmart does not guarantee that all services or products
offered by HealthSmart on the Sites will be available, in whole or in part, in
all geographic areas. Certain services or products offered by HealthSmart may
only be obtainable through an authorized HealthSmart representative, affiliate,
or agent. Using the Sites is not contingent upon purchasing products or services
from us, either directly or through the Sites. Services or products available
from websites linked to the Sites carry no endorsement or guarantee from
HealthSmart. 6. No Healthcare Advice
The Sites offer general information and services only and are not intended
for specific individuals, ailments, or symptoms, nor are they tailored to your
individual health needs. All health-related Communication and services through
the Sites are presented as general information and services and should not be
used in place of information or services received from a licensed, practicing
healthcare professional. By Using the Sites, HealthSmart does not initiate any
healthcare relationship (such as, but not limited to, a doctor/patient
relationship). HealthSmart does not warrant, endorse, or take any responsibility
for your use of health-related communication, information, or services available
through the Sites or available through externally-linked websites. HealthSmart
holds no responsibility or liability for the use, misuse, or failure to use
healthcare-related communication, information, or services available on the
Sites or through externally-linked websites. You are fully responsible for your
use, misuse, or failure to use healthcare-related communication, information, or
services on the Sites or available through externally-linked websites. Contact
your licensed, practicing healthcare professional for specific communication,
information, and services regarding your individual healthcare needs. 7. No
Legal Advice
Nothing contained, expressed or implied in the Sites is intended as, nor
shall be construed or understood as, legal advice, guidance, or interpretation.
The Sites may offer external links to websites that contain information that is
publicly available; however, HealthSmart does not guarantee or warrant any legal
advice offered on such externally linked websites. Any information is presented
“as-is” and no legal interpretation by the Sites is being offered. By Using the
Sites, no attorney-client relationship is established or implied under any
circumstances whatsoever. You are responsible for the use, misuse, or failure to
use legal information or communication available on the Sites or any externally
linked websites, and HealthSmart assumes no liability or responsibility for your
use, misuse, or failure to use legal information or communication available on
the Sites or externally linked websites. Should you have any questions about any
law, statute, regulation or other legal requirement referenced in the Sites,
please contact your own licensed, practicing legal professional. 8. Updates,
Corrections and Changes
HealthSmart does not warrant or guarantee the completeness, accuracy, or
timeliness of any or all information available on the Sites or on externally
linked websites. HealthSmart reserves the right to modify or delete any or all
information at any time without notice. Furthermore, HealthSmart is not
responsible for your use, misuse, or failure to use any or all information or
services that have been modified or deleted. HealthSmart has no obligation to
update any information or content on the Sites. . HealthSmart may also make
improvements and/or changes in the information or content contained in the Sites
at any time without prior notice. 9. Links to External Websites
Links to external websites are provided by HealthSmart as a service to you.
HealthSmart does not endorse, approve, certify, or control these external
websites and does not guarantee the content, accuracy, completeness or
timeliness of information located at such websites. These externally linked
websites are maintained by third parties and the responsibility and liability of
all information and services rests solely with them. Any access to externally
linked websites is entirely at your own risk. HealthSmart is not responsible for
the accuracy or reliability of any information, data, opinions, advice or
statements made on these websites. HealthSmart is not responsible for the
functionality of external links or for the functionality of the websites
themselves. Links to external websites may be removed at any time without
notice. 10. Cookies
HealthSmart, at its sole discretion, may use what is known as "cookie"
technology. A "cookie" is a data element sent to your browser by a web site when
you link to that web site. By assigning a unique data element to each visitor,
the web site is then able to recognize repeat users and track usage patterns to
better serve visitors when they return to that web site. The cookie does not
extract Protected Health Information (PHI) or Personally Identifiable
Information (PII). (For more information on our Privacy Notices, please click
here.) Most browsers provide a simple procedure that enables users to control
whether they want to receive cookies or notifies them when a website is about to
deposit a cookie file.
HealthSmart reserves the right to make use of cookie technology. Your web
browser may allow for the disabling of cookies if you do not wish to receive
them; however certain portions of the websites may not function properly without
them. The Sites will only use cookies that HealthSmart has created and stored on
your computer. Neither HealthSmart nor the Sites will access nor make use of any
other cookies on your computer that were generated from organizations other than
HealthSmart. 11. Governing Laws and Jurisdiction
These Terms will be governed and construed in accordance with the laws of the
State of Texas, without reference to its choice of law. By accessing, viewing,
or using the material contained within the Sites, you consent to the
jurisdiction of the federal and state courts, as applicable, presiding in Dallas
County, Texas, and agree to accept service of process by mail and hereby waive
any and all jurisdictional and venue defenses otherwise available. 12.
Warnings
Unauthorized access to secured databases or circumvention of security
measures on the Sites may be a violation of state and/or federal laws. Access to
and use of password-protected and/or secure areas of the Sites is restricted to
authorized users only. Unauthorized individuals attempting to access these areas
of the Sites may be subject to prosecution. 13. Hyperlinks
HealthSmart makes no representation or warranty whatsoever and assumes no
responsibility or liability whatsoever in connection with the accuracy,
completeness, suitability, functionality, or operation of the websites which may
be hyperlinked to or from the Sites. HealthSmart is in no way responsible for
the views, content or accuracy of any websites which is either hyperlinked to or
from the Sites, nor does HealthSmart endorse any content, products or services
that may be advertised or noted on these websites. 14. Use of Publications
Use of forms, fliers, manuals and other documents (hereby known as
“Publications”) are for those using HealthSmart services (“Customers”).
Publications may be saved on Customers’ computer and may be printed in
sufficient quantities for Customers. HealthSmart grants permission to Customers
to access, view, download, copy, print and distribute Publications found on the
Sites provided that Publications contain copyright notices on all copies,
Publications are for internal purposes only, Publications are never used for any
public or commercial purpose, and Publications are never modified. Any other use
of Publications other than those stated above is prohibited without prior
written permission from HealthSmart. 15. Entire Agreement
The Terms contained herein constitute the entire agreement between you and
HealthSmart with respect to your use of the Sites. If any part of these Terms is
held to be invalid or unenforceable for any reason, the remaining parts will
remain in full force and effect. You acknowledge that, in providing access to
and use of the Sites, HealthSmart has relied on your agreement to be legally
bound by these Terms. |
