Terms of Service for Children’s Medical Center Health Plan, Inc. Website

NOT FOR EMERGENCIES. 

THE SITE IS NOT FOR USE IN MEDICAL EMERGENCIES OR URGENT SITUATIONS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

This site (the "Site") is an online information and communication service center and internet site provided by Children’s Medical Center Health Plan, Inc. or our subsidiaries or other affiliates (collectively, the “Plan”, “we”, “us”, “our”, or "Site Owner"). By accessing or using the Site, you agree to be bound by the following terms and conditions (the "Terms "), and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Site. 

These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.
The Plan reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Site or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Site, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site. If you do not agree to the revised Terms, you may not access or use the Site.

1.    Eligibility.

The Site is not targeted toward or intended for use by anyone under the age of 18. By using the Site, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Site, or engaged in any activity that could result in suspension or removal from the Site, and (d) and have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. 

2.    Registration, Account.

In order to access and use certain areas or features of the Site, you may need to register for an account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your account.

3.    Account Preferences

By creating an account, you consent to receive electronic communications from the Plan (e.g., via email or by posting notices to the Site). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. 

4.    License to Access and Use Our Site and Content.

Unless otherwise indicated in writing by us, the contents of the Site, including, without limitation, the Plan logo, and all text, information, software, images, graphics, sound files, animation files, audio and video files and their arrangement on this and other Site Owner’s websites (collectively “Content”) are the proprietary property of the Plan or our licensors, and are protected by U.S. and international copyright laws.
You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Site and Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Site or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Site or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Site or Content, except as expressly permitted by us, and (f) use the Site or Content other than for their intended purposes. Any use of the Site or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of the Plan or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time. Any downloads must retain all copyright and other proprietary notices contained on the materials and may not be altered in any way. 
Notwithstanding anything to the contrary in these Terms, the Site and Content may include software components provided by the Plan or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

5.    Privacy Notice

Please refer to our website Privacy Policy for information about how we collect, use and disclose information about you on our Site. Federal and State law govern the confidentiality of medical information. Please also read our Notice of Privacy Practices for information about how the Plan collects, uses, and discloses medical information.

6.    User Conduct

You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Site. You agree that you will abide by these Terms and will not:

• Reverse engineer any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Site;
• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Site that you are not authorized to access;
• Develop any third party applications that interact with User Content or the Site without our prior written consent;
• Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Site, extract data or otherwise interfere with or modify the rendering of Site pages or functionality; or
• Use the Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

Providers: If you use the Site on behalf of a provider, you further agree to:

• Use and disclose PHI in accordance with applicable federal and state laws governing health information. 
• Use and disclose PHI in accordance with the Minimum Necessary requirements under the HIPAA Privacy Rule, as well as any additional guidance and/or regulations issued by the Department of Health and Human Services, 
• Maintain a comprehensive, written privacy and security program protecting the confidentiality, integrity and availability of PHI that you create, receive, maintain or transmit on behalf of the Plan, which includes administrative, technical and physical safeguards appropriate to the size and complexity of your operations and the nature and scope of your activities, and as otherwise required by HIPAA.   
• Maintain an accounting of any disclosures made through an electronic health record for treatment, payment, and health care operations, as applicable.

7.    Portal Availability

There may be times when the Site is not available to you. For example, system maintenance, back-ups or failures may limit the Site’s availability. Access to the Site is provided on an “as available” basis and you are not guaranteed access at any particular time.

8.    Repeat Infringer Policy; Copyright Complaints
 
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Site by, or terminating the accounts of, users, in appropriate circumstances and in our sole discretion, who infringe on the intellectual property rights of others. If you believe that anything on the Site infringe on any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:
 
         Name of Designated Agent:   
         Address:   
         Phone:   

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

9.    Trademarks.

Images of people or places displayed on the Site are either the property of Site Owner or third parties. The use of these images by you, or anyone authorized by you, is prohibited unless specifically permitted by these Terms or written permission is provided by Site Owner. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The trademarks, logos, and service marks (collectively the "Trademarks") that may appear on the Site are registered and unregistered Trademarks of Site Owner and others. No Trademark displayed on the Site may be used without the written permission of the party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, is strictly prohibited. You are also advised that Site Owner will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where authorized.

10.    External Links. 

The Site may contain links to other websites that are not owned or controlled by Site Owner ("Third Party Websites"). Site Owner is not responsible for the content, security or the privacy practices of Third Party Websites. Please review the privacy statement and any terms of use of each Third Party Website you visit. Unless we specifically advise you otherwise, links to Third Party Websites do not constitute or imply endorsement by Site Owner of those sites, the information they contain or any products or services they describe. Site Owner does not receive payment or other remuneration in exchange for linking to or using any Third Party Websites. Your linking to any other off-site pages or other sites is at your own risk.

11.    Limitations on Warranties, Liability and Damages. 

YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. NEITHER SITE OWNER, NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. The Plan also assumes no responsibility, and cannot be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site, or your downloading of any materials, data, text, images, video, or audio from the Site. 
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE PLAN, ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR TO THESE TERMS EXCEED $50.

12.    Indemnity. 

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold The Plan and its respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Plan Parties”), harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, awards, penalties, costs and expenses (including reasonable attorneys' fees and litigation expenses) of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, relating to or arising from (a) your access to or use of the Site or any Content (including third party materials), products or services available through the Site, or (b) any violation or alleged violation by you of any provision of these Terms. If you use the site as a provider, you further agree to indemnify, defend, and hold the Plan Parties harmless for Claims relating to or arising from your breach of a business associate agreement, or your failure to comply with applicable federal and state laws. You agree to promptly notify the Plan of any third party Claims and cooperate with the Plan Parties in defending such Claims. You further agree that the Plan Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the Plan.

13.    Jurisdictional Issues. 

The Site is controlled and operated from the United States and is not intended to subject the Plan to any non U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or part, to any person, geographic area or jurisdiction that we choose.

14.    Social Media Disclaimer. 

The opinions and/or views expressed on Site Owner’s social media platforms, including, but not limited to, our blogs, widgets, Facebook, Twitter, LinkedIn and YouTube pages, represent the thoughts of individual contributors and online communities, and not those necessarily of Site Owner or any of its corporate affiliates or any of their respective directors, officers, employees, medical staff or members of its respective board of directors. The opinions and views expressed on these pages do not in any way reflect the views of the Site they are posted on, other sites affiliated with the Site, the staff involved with maintaining the Site or any members of the Site. By submitting content (comments, stories, photos, etc.) to any of Site Owners social media sites, you understand and acknowledge that this information is available to the public, and that Site Owner may use this information for internal and external promotional purposes and fundraising purposes. Please note that other participants may use your posted information beyond the control of Site Owner.

15.    Products and Services Offerings.  

The product and/or services descriptions, if any, provided on this site are not intended to constitute offers to sell or solicitations in connection with any product or service. Some products and/or services may not be available in all areas and may be subject to applicable regulation areas and in many instances may be offered only through employers or other plan sponsors. Specific products and/or services may not be available in both self-funded and insured forms.  Covered services and preferred benefits are provided under the terms of the applicable plan contract, including limitations and exclusions.  Anyone interested in a particular product and/or service should contact their local Plan representative to determine whether the product and/or service is available in their jurisdiction, and to request a copy of the applicable policy or prospectus for a complete description of the product and/or service in question.

16.    Applicable Law; Disputes. 

You agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and the Plan. Any action or proceeding relating to or arising from these Terms or your use of the Service must be brought in the state or federal courts located in Dallas County, Texas, and you consent to the exclusive personal jurisdiction of such courts.

17.    Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site, and you acknowledge and agree that we shall have no liability or obligation to you in such event, to the fullest extent permitted by applicable law.

18.    Severability

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforce ability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

19.    Survival
The following sections will survive the expiration or termination of these Terms and the termination of your account: all defined terms and Sections 1, 2, 4-6, 11-13, 16, and 17.

20.    Contact Us. 
Please let us know if you have any questions about, or would like a copy of, our Terms. A copy will be provided to you free of charge. Simply email us at CMCHPCompliance@Childrens.com or call us at 1-800-947-4969.