GEISINGER HEALTH PLAN, GEISINGER QUALITY OPTIONS AND GEISINGER INDEMNITY INSURANCE COMPANY
Web Site Terms and Conditions of Use
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR UNDERSTANDING OF AND AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, CONTINUED ACCESS TO THIS WEBSITE WILL BE DENIED. YOUR CONTINUED USE OF THIS SITE INDICATES YOUR ACCEPTANCE OF THOSE TERMS AND CONDITIONS.
GEISINGER HEALTH PLAN, GEISINGER QUALITY OPTIONS AND GEISINGER INDEMNITY INSURANCE COMPANY (COLLECTIVELY REFERRED TO HEREIN AS THE "PLAN") TAKE PRECAUTIONS TO MAKE SURE OTHERS CANNOT PRETEND TO BE YOU AND GET YOUR PERSONAL INFORMATION. TO HELP GHP MAINTAIN YOUR PRIVACY, DO NOT SHARE PERSONAL INFORMATION SUCH AS YOUR PASSWORD.
THIS MANAGED CARE PLAN MAY NOT COVER ALL YOUR HEALTH CARE EXPENSES. READ YOUR CONTRACT CAREFULLY TO DETERMINE WHICH HEALTH CARE SERVICES ARE COVERED. IF YOU HAVE QUESTIONS ABOUT YOUR CONTRACT, PLEASE CALL 1-800-631-1656 FOR ASSISTANCE.
Your privacy is of the utmost importance to us. Please review the Plan's Notice of Privacy Practices located on our Web site, and Privacy Statement for a thorough description of how we gather, use and protect your personal information. Nothing in these Terms and Conditions or Web Privacy Statement shall be contrary to our Notice of Privacy Practices, as required by Federal Regulation.
2. Restrictions on Use and Ownership.
The Plan is an affiliate of Geisinger Health System Foundation. All pages within this Website and any material made available for download (collectively referred to as "the Site") are the property of the Plan and/or its subsidiaries and affiliates. The content on the Site is provided for informational purposes only.
The Plan hereby grants you a nonexclusive license to use the Site solely for your personal, non-commercial use. You may not use the Site to obtain materials, data, or information for purposes of gaining a competitive advantage. As a condition of your use of this Site, you warrant to the Plan that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
The contents of the Site, including the text, images, audio, and video, are copyrighted and may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of the Plan, except that you may download content from the Site to any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark, and other proprietary notices and comply with any applicable end user license agreements. For purposes of these Terms and Conditions, any use of these materials on any other Website or networked computer environment for any purpose is prohibited.
Persons viewing this Site may not make copies of any of the materials on it for any purpose, with the sole exception of the automatic copies that your Web browser may make to a temporary cache on your computer's hard drive for ordinary private viewing purposes.
Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by the Plan.
3. Trademark Notice.
The www.thehealthplan.com is a trademark and service mark of Geisinger Health Plan. All other trademarks, service marks and logos used in this Site, including, but not limited to, MAPQUEST, are proprietary to their respective owners. You agree not to display, reproduce, duplicate, copy, sell, resell, exploit or use in any manner any trademark, service mark or logo displayed on this site without the express written permission of the Plan or the third party that may own the trademark, service mark or logo. Use or misuse of these trademarks is expressly prohibited and may violate state and/or federal trademark law.
4. Claims of Copyright Infringement.
In accordance with the Digital Millenium Copyright Act (17 U.S.C. § 512), GHS is registered with the United States Copyright Office as a Service Provider. Any notifications of claimed copyright infringement must be sent to the Plan's Legal Department, 100 N Academy Avenue, Danville, PA 17822-3020.
5. No Medical Advice.
All health and health-related information contained within this web site is intended to be general in nature and should not be used as a substitute for a visit to a health care professional. The information you obtain from this Site might be inappropriate for your own situation, or might be misinterpreted. The Plan assumes no responsibility for how you use the information you obtain from this Site.
If you have an emergency, or think you need to speak to someone urgently, please do not rely on the email communication options provided to you through this Site. Neither email nor any other application available through this web site is a substitute for appropriate and timely contact with your physician. The Plan web site is not a substitute for consultation with your physician. You should never change or stop any course of treatment prescribed by your physician without first consulting him or her. The Plan web site is NOT designed to make diagnoses or to help you make diagnoses. Only your physician can properly diagnose and treat your illness.
Also, please note that although we strive to keep our information up to date, information changes rapidly, and some information may be out of date. The Plan will use your personal information in order to assist you with your benefit issues. The Plan will at all times maintain all of your personal information in strict confidence in accordance with its Notice of Privacy Practices. For additional information, please see the Plan's Notice of Privacy Practices and Privacy Statement.
6. On-Line Payment.
In order to use the on-line payment service you are required to complete the enrollment process by providing the Plan with complete and accurate information as prompted by the applicable enrollment form provided on the enrollment screen. By completing the enrollment form, and clicking the "I Agree" button, you authorize the Plan to display your statement and payment information on a secured Internet site. You are responsible for keeping your correct and current email address information in your customer profile. You are entirely responsible for maintaining the confidentiality of your password, banking information, credit card information and Plan account information.
FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT OCCUR UNDER YOUR PLAN ACCOUNT. YOU AGREE TO NOTIFY THE PLAN IMMEDIATELY UPON YOUR DISCOVERY OF UNAUTHORIZED USE OF YOUR ACCOUNT AND ANY OTHER BREACH OF SECURITY. THE PLAN WILL NOT BE RESPONSIBLE FOR ANY LOSS YOU MAY INCUR AS A RESULT OF SOMEONE ELSE MISUSING YOUR PASSWORD, BANKING INFORMATION, CREDIT CARD INFORMATION AND PLAN ACCOUNT EITHER WITH OR WITHOUT YOUR PERMISSION.
HOWEVER, YOU COULD BE HELD LIABLE FOR LOSSES INCURRED BY THE PLAN OR ANOTHER PARTY DUE TO SOMEONE ELSE USING YOUR PASSWORD. YOU MAY NOT USE ANYONE ELSE'S ACCOUNT AT ANY TIME WITHOUT THE PERMISSION OF THE ACCOUNT HOLDER.
The Plan reserves the right to change the terms and conditions of its on-line payment service. You are responsible for regularly reviewing these terms and conditions. Your continued use of the on-line payment service constitutes your agreement to all such terms.
By using the Plan's site/service, you agree to abide by the terms and conditions of your Subscriber Agreement with the Plan.
7. WARRANTY DISCLAIMER.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE PLAN OR THE PLAN'S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
THE PLAN CANNOT ENSURE THAT THE INFORMATION CONTAINED ON ITS SERVER WILL BE AVAILABLE AT ALL TIMES, AND BECAUSE YOU ARE RESPONSIBLE FOR INPUTTING INFORMATION ONTO THE PLAN SERVER, THE PLAN CAN NOT ENSURE THAT THE INFORMATION PROVIDED ON ITS WEB SITE WILL BE ACCURATE. THUS, THE PLAN MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OF CONTENT OF THIS INFORMATION. THE PLAN HAS PROVIDED THE INFORMATION ON AN "AS IS" BASIS, WITHOUT WARRANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MARCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PLAN NEITHER WARRANTS THAT THE USE OF THE SITE WILL BE UNITERRUPTED OR ERROR-FREE, NOR THAT ERRORS WILL BE CORRECTED.
8. WAIVER, RELEASE AND LIMITATION OF LIABILITY.
IN ADDITION, YOU AGREE THAT NEITHER THE PLAN, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE PLAN'S WEB SITE OR ANY RELATED APPLICATIONS. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE PLAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE PLAN'S WEB SITE.
THE PLAN AND ITS AFFILIATES, SUPPLIERS, AND OTHER THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. FURTHER, THE PLAN IS NOT RESPONSIBLE OR LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL USE OR CONDUCT OF A USER OF THIS SITE.
9. Visitor Chat Rooms and Other Interactive Areas.
The Plan may, but is not obligated to, monitor or review any areas of the Site where visitors transmit or post Communications or communicate solely with each other, including, but not limited to, chat rooms, bulletin boards, and other user forums, and the content or any such Communications. The Plan, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. The Plan retains the right to remove, in its sole discretion, Communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate.
10. Links or Pointers to Other Sites.
The Plan makes no representations whatsoever about any other Website that you may access through this Site or any entity that may post its advertisements on this Site. When you access a non-Plan site, please understand that it is independent from the Plan, and that the Plan has no control over the content on that Web site. In addition, a hyperlink to a non-Plan Website does not mean that the Plan endorses or accepts any responsibility for the content, or the use, of the linked site or it's privacy practices which may be different from the Plan. The Plan does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, linked, downloaded or accessed from any of the services contained on this web site, nor the quality of any products, information or other materials displayed, purchased or obtained by you as a result of an advertisement or any other information or offer in or in connection therewith. It is up to you to take precautions to ensure that whatever you select for your use or download are free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
11. Hyperlinks to This Site.
Persons constructing other Websites may of course link to any of the pages on this Site. However, you may not copy any of the materials from this Site onto your own Web server for any reason. Also, you may not link to isolated elements on this Site (including photographs, illustrations, diagrams, buttons, text, or any other elements whatsoever) for the purpose of "inlining" them into the context of other Web pages, or for linking such isolated elements to other Web pages. In other words, link to entire pages on this Site, or don't link at all. Any other use will be a violation of copyright and could subject you to legal action.
Web mirror sites, and commercial online services, may request written permission to cache this entire Site to their hard drives for the purpose of enabling people to access it more easily or view it more rapidly. Note, however, that under no circumstances will they be granted the right to copy parts of the Site piecemeal, but only to copy the entire Site, preserving all the interior and exterior links, and not employing any of the materials out of their original context. For permission to "mirror" the site, please send e-mail describing your request to firstname.lastname@example.org.
13. Choice of Law and Venue.
These Terms and Conditions are entered into in the Commonwealth of Pennsylvania and shall be governed by and construed in accordance with the laws of Commonwealth of Pennsylvania, exclusive of its choice of law rules. By accessing, transmitting or viewing any information on this website, you agree to be subject to personal jurisdiction in the state courts sitting in Montour County, Pennsylvania and the federal courts of the Middle District of Pennsylvania, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorneys fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. Any cause of action or claim you may have with respect to your use of the Plan's web site must be commenced within one (1) year after the claim or cause of action arises. The Plan's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
You agree to indemnify, defend and hold harmless the Plan, its affiliates, officers, directors, employees, agents, suppliers and Licensors (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your use of the Plan's web site or account (including negligent or wrongful conduct) by you or any other person accessing the web site using your account or password.
15. Third Party Rights.
The provisions of paragraphs 8 (Waiver, Release and Limitation of Liability) and 14 (Indemnification) and are for the benefit of the Plan and its officers, directors, employees, agents, suppliers and Licensors. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
16. Term; Termination.
This Agreement shall commence upon your accessing this web site. This Agreement may be terminated by the Plan without notice at any time for any reason. The provisions of the Disclaimer set forth above and of paragraphs 4 (Claims of Copyright Infringement), 13 (Choice of Law and Venue), 14 (Indemnification), and 15 (Third Party Rights) and shall survive any termination of this Agreement.
The Plan may assign its rights and duties under this Agreement to any party at any time without notice to you.
The Plan may deliver notice to you under this Agreement by means of electronic mail, a general notice on the web site, or by written communication delivered by first class U.S. mail to your address on record in the Plan's account information.
19. Entire Agreement.
These Terms and Conditions constitute the entire agreement between the Plan and you pertaining to the subject matter hereof. In its sole discretion, the Plan may from time to time revise these Terms and Conditions by updating this posting. In the event of substantive changes, you will be prompted to review and accept the Terms and Conditions. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.