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Terms and Conditions of Use
Required Agreement for Users
TABLE OF CONTENTS:
Online Service Agreement
Please read this agreement carefully before accessing or using our Internet
service. By accessing or using our service, you agree to be bound by the terms
and conditions set forth herein, and acknowledge that you understand all terms
and conditions.
If you do not agree to be bound by the terms and conditions of this agreement,
including the Privacy Information Notice incorporated by reference here, you
are prohibited from accessing or using our Internet service. The following
paragraphs on this page, in connection with our Privacy Information Notice
published at our Web site describe the terms and conditions by which we
offer you access to our services.
We maintain this site for your personal information, education and non-commercial
use. Use of the terms "our" or "us" or "we" throughout
this document shall include Innoviant, a Fiserv Health company, whose parent company is Fiserv, Inc., headquartered
in Brookfield, WI, and/or our subsidiaries, affiliates, employees, agents, and contractors involved
in creating, producing, or delivering the site to your computer. Products,
services and organizations mentioned on the site are owned and controlled by
Fiserv Inc. unless otherwise specifically noted.
We may modify this agreement at any time with or without notice to you, and
such modification will become effective immediately. We may revise the Terms
and Conditions of Use at any time by updating this site. You are bound by such
revisions and therefore you should review this agreement from time-to-time.
Please feel free to browse, communicate with, and otherwise use the site. At
the same time, please keep in mind that your access to this site is subject
to the terms and conditions we establish ("Terms")
as well as all applicable laws.
No Warranties
We use reasonable methods to include accurate and up-to-date information on
the site. We do not warrant that access to this
Web site be uninterrupted or error free. You agree to use our site on an "AS IS" and an "AS AVAILABLE" Basis.
Because of the possibility of human and mechanical error as well as other factors,
we disclaim any implied warranty of any kind, including representation about
its accuracy, completeness, appropriateness or fitness for a particular purpose,
merchantability, non-infringement of third party right, and freedom from computer
virus. Please note that some jurisdictions may not allow the exclusion of implied
warranties so some of the above exclusions may not apply to you.
You assume full responsibility for using the information on this site, and
you understand and agree that we are neither responsible nor liable for any
claim, loss, or damage resulting from its use. All faults as to satisfactory
quality, performance, accuracy and effort remain with you.
Usernames and Passwords
The username and password you create is for your use only and will give you
access to secured areas of the site. By giving us the personal information
necessary to create a username and password you are opting in to the collection
and use of your personal information by us or our contracted service providers.
Without your unique username and password, you will be unable to access these
secured areas. If you disclose this username and password to anyone else, they
may be able to access the Explanation of Benefits (EOB) information for you
and your dependents. The act of your sharing of your username and password
will be deemed to be authorization of this disclosure.
If you are not the person whose member ID number is being
used to access information on our system, please be advised that this may constitute
a fraudulent act. The Identity Theft and Assumption Deterrence Act of 1998,
makes identity theft a federal crime with penalties up to 15 years imprisonment
and a maximum fine of $250,000. (Title 18 USC 1028)
Your Idea Submissions to Our Site
Apart from personal information, which we address through our Privacy Statement,
information you submit to us through our site or otherwise, will become and
remain our property. You agree that we are free to use, for any purpose, any
ideas, concepts, expertise, or techniques contained in the information you
provide.
Your use of this site allows us to gather certain limited information about
you and your usage of the site. You agree and consent to our use of such information
in aggregated form. Innoviant shall use such information in compliance with
applicable law and the privacy statement located on this Innoviant Web site.
Product Descriptions
The product descriptions if any provided on this Web site are
not intended to constitute offers to sell or solicitations in connection with
our products and services. Some products may not be available in all jurisdictions.
If you are interested in a particular product, please contact us for a complete
description of the product, its availability, and any limitations that may
apply.
Any summary of services contained within this Innoviant Web site is general
in nature only. The actual provision of services is determined and governed
by the terms and conditions of the service agreement contracts supplied by
Innoviant.
Our mention of specific products or services at this site does not constitute
or imply a recommendation or endorsement by us, unless we explicitly state
it.
Downloading Software from our Site
We may allow you to download some software from our site. We license the software,
including all files, images, and data it contains or generates (collectively
called "software")
to you only for your own personal use. We do not transfer the title to the
software to you; we retain full and complete title and all intellectual property
rights therein. You may not sell, distribute, decompile, reverse engineer,
dissemble or otherwise reduce the software to any other form whatsoever.
Links
We provide links to other sites solely as pointers to information on topics
that may be useful to you. Innoviant does not endorse, investigate, verify,
or monitor the content, accuracy, or opinions expressed on other Internet sites
hyper-linked to this Innoviant Web site, nor does the information found on
these sites necessarily represent the views of Innoviant. We also do not warrant
that these sites are free from any claims of copyright, trademark, or other
infringement of the rights of third parties, or that such sites are free of
computer viruses.
If you try one of these links, you will leave our site (but you can return
with your browser's "back" button).
Notice: no link, be it hypertext, text, banner, logo or a contextual link may
be made to any part of this Site without the prior written permission of Innoviant.
Health Content
The information on these sites is not a substitute for professional health
care, nor is it in any way to constitute medical advice and should not be relied
upon for medical diagnosis or treatment. You should never disregard medical
advice or delay in seeking it because of something you have read on these sites.
For personal medical guidance, please consult your physician.
In the event of an emergency, seek immediate medical attention from your
physician.
It is our policy to provide reliable and current information about general
health, the maintenance of health and a wide variety of diseases and medical
conditions. We will not make claims of therapeutic benefit without reasonable,
research-based evidence, or deliberately provide false or misleading information,
whether provided by us or obtained from others.
The information provided through these links about current medical procedures,
services, pharmaceuticals, medical devices and other treatment and therapies
may not be covered under your health plan and is not meant to represent terms
of your health plan, nor does it imply coverage in any way.
Use of Web Site Content
You are hereby granted a nonexclusive, nontransferable, limited license
to view and use information retrieved from this site provided solely for your
personal information, education, and non-commercial use, and provided you do
not remove or obscure the copyright notice or other notices.
Except as expressly stated, no part of this site, including but not limited
to materials retrieved therefrom and the underlying code, may be reproduced,
downloaded, disseminated, published, stored or transferred, in any form or
by any means, without our written permission. Any special rules relating to
the use of certain content on the web site shall be stated elsewhere on the
site, and are incorporated here by reference.
The web site content is protected under US and foreign law. All right,
title and interest (including all copyrights, trademarks and other intellectual
property rights) of this site belongs to and is controlled exclusively by us.
In addition, the names, images, pictures, logos and icons identifying our products
and services are proprietary marks that belong to us. Except as expressly provided,
nothing contained herein shall be construed as conferring any license or right,
by implication, estoppel or otherwise, under copyright or other intellectual
property rights. All rights not expressly granted are reserved to us and our
affiliates.
You are here notified that any inappropriate use of our web site content
may result in restricting your ability to access and use this site. Further,
we may require that you destroy all information obtained from the site. Depending
upon the severity of the violation, we may report you to authorities.
Governing
Law; Legal Jurisdiction; and Statute of Limitations
The laws of the State of Wisconsin govern this Agreement, without regard to
conflict of law principals, your access to and use of our site and the Terms
of this Online Service Agreement. You submit to the exclusive jurisdiction
of the courts in the State of Wisconsin and waive any jurisdictional venue
or inconvenient forum objections to such court.
Before seeking legal recourse for any harm you believe you have suffered
from your access to our site, you agree to give us written notice specifying
the harm and 30 days to cure the harm after providing such notice. In the event
that you believe our site has irreparably harmed you, you agree to inform us
and to give us thirty (30) days to cure the harm before initiating any action.
You must initiate any cause of action within one (1) year after the claim has
arisen, or you will be barred from pursuing any cause of action.
By maintenance of this Innoviant Web site, Fiserv Health shall not be considered
to be subject to the jurisdiction of any governmental authority in which the
user, any linked site or vendor or Internet provider resides.
The governing law of other sites Innoviant links to will vary. By signing
this agreement, you acknowledge that the management of these sites may designate
their own governing law and legal jurisdiction and agree that they may determine
governing law and legal jurisdiction at will and in their own discretion.
The Digital Millennium Copyright Act
Innoviant may terminate your access to our online services if we determine
in our sole and absolute discretion that you are involved in infringing activity,
including alleged acts of first-time or repeat infringement, regardless of
whether the material or activity is ultimately determined to be infringing.
Innoviant and its service providers (including linked sites) accommodate and
do not interfere with standard technical measures used by copyright owners
to protect materials. You should assume that the materials found on this site
and linked sites are copyrighted and must honor those copyrights. You may not
sell, reproduce, distribute, modify, display, publicly perform, prepare derivative
works based upon, report or otherwise use any material for any public or commercial use.
We have implemented procedures for receiving written notification of claimed
infringements and for processing such claims in accordance with the Digital
Millennium Copyright Act. Any written notice regarding any infringement of
copyright or of any other proprietary rights should be sent to webmaster@innoviant.com
and should include the following information:
- A physical or electronic signature or a person authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed
or the person defamed.
- Identification of the copyrighted work claimed to have been infringed
or if multiple copyrighted works at a single online site are covered by a
single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing
or to be the subject of infringing activity, including information reasonably
sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such
as your address, telephone number and/or electronic mail address.
- A statement that you have a good faith belief that the use of the
material in the manner complained of is not authorized by the copyright or
other proprietary right owner, its agent, or the law
If you choose to access this Web site from outside the United States,
you do so on your own initiative and are responsible for compliance with US
and local laws, if and to the extent that local laws are applicable. Software
is subject the US export controls. No software may be downloaded or otherwise
exported or re-exported into or to a national resident of Cuba, Iraq, Libya,
North Korea, Iran, Syria, or any other country to which the US has embargoed
goods, or to anyone on the US Treasury Department list of Specially Designated
Nationals or the US Commerce Department’s Table of Deny Orders. You represent
and warrant that you are not located in, under the control of, or a national
resident of any such country or on any such list.
Minors & Child
Online Privacy Protection Act
We provide this site as a service to our registered users and to adult guests.
We do not intend to attract children to our site or to gather activity information
regarding users who may be children. If you allow your minor child or a child
for whom you are legal guardian to access and use our online services, you
are solely responsible for their access and use, online conduct, and any consequences.
Children should be supervised by an adult User when on this Site because
the content, although not harmful, can be complicated and difficult to understand.
If a User allows their minor child or a child for whom the User is a legal
guardian to access and use our online services, the User is solely responsible
for their access and use, online conduct, and any consequences.
Legal Advice
The information and materials contained in this Innoviant Web site are offered
for informational purposes only. It is not intended to be nor does it constitute
legal advice. For specific questions about your company's legal obligations
contact your own legal counsel.
Online Service Agreement Termination
Either party may cancel this Agreement at any time, though the terms and conditions
agreed to during the term of this agreement will survive termination of the
agreement.
We may immediately issue a warning, temporarily suspend, indefinitely suspend,
or cancel our Agreement with you and your access if, in our sole discretion,
you breach this Agreement. Upon termination of this Agreement, you agree to
destroy all materials obtained from our site, as well as all related documentation,
copies, and installations, whether or not made under this Agreement.
Limitations on Liability
By using our site, you accept at your own risk that the Internet may not
perform as intended despite our best efforts, your best efforts, and the best
efforts of our and your Internet service providers.
We will not be liable for any delay, difficulty in use, inaccuracy or incompleteness
of information, computer viruses, malicious code, loss of data, compatibility
issues, or other technical issues. Furthermore, we will not be liable if someone
has advised us of the possibility of such damages or loss, and/or someone has
informed us of a problem with the site or its content.
In no event will Innoviant, its subsidiaries or affiliates, employees, officers,
directors, agents, licensors and suppliers, be liable for any damages as a
result of your using this site. These damages include without limitation, direct,
indirect, special, consequential, incidental, or punitive damages. You use
the site at your own risk.
We are not liable for losses, expenses, or taxes (1) Arising in connection
with this Innoviant Web site or its links, (2) Arising out of the use of or
inability to use the information or materials contained within this Innoviant
Web site, or (3) Arising in connection with any failure of performance, error,
omission, interruption, defect, delay in operation or transmission, computer
virus or line or system failure, even if Innoviant is advised of the possibility
of such damage, loss, expense, or tax. Innoviant is not responsible for any
manipulated, altered, revised or printed versions of the information and materials
provided within this Innoviant Web site or any linked site.
Site System Integrity
You may access this Web site and our system for noncommercial, ordinary purposes.
You may not use any device, software, routine or agent to interfere or attempt
to interfere with the proper working of our site. You may not take any action,
which imposes an unreasonable or disproportionately large load on our infrastructure.
You may not disclose or share your password to or with third parties or use
your password for any unauthorized purpose. You may not attempt to log in with
a User ID other than your own.
We do not guarantee continuous, uninterrupted access to our services and operation
of our site. Numerous actions beyond our control may interfere with our site.
Integration and Severability
In the event that we fail to enforce any of our rights under this Agreement,
or applicable laws, it shall not constitute a waiver of such right or any other
right(s). Any rights not expressly granted herein are reserved.
This Agreement and its companion Privacy Statement constitute the entire agreement
between you and us pertaining to our site.
A court, or other tribunal of competent jurisdiction, may hold that a provision
of this Agreement is unlawful, void, or for any reason unenforceable. In that
event, the provision will be deemed severable from this Agreement and not affect
the validity or enforceability of the remaining provisions. We will replace
the unenforceable provision by an enforceable provision that comes closest
to the intention of the underlying unenforceable provision.
Contact Us
We invite you to contact us through the Internet. We will respond to you
promptly--generally within 24 to 48 hours from original receipt. However, where
circumstances warrant, additional time is allowed.
Last modified June 6, 2006
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