PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
By using this site, you signify your assent to these Terms and Conditions.
If you do not agree to all of these Terms and Conditions of use, do
not use this site!
HealthPlanUSA may revise and update these Terms and Conditions at
any time. Your continued usage of the HealthPlanUSA website (or the
"Site,") will mean you accept those changes.
THE SITE DOES NOT PROVIDE MEDICAL ADVICE. However, the Site may contain
health-or medical-related materials that are medically graphic which
some may feel are sexually explicit. If you find these materials offensive,
you may not want to use our Site and you should not let your children
age 13 or younger use this site.
Questions regarding our service policy should be directed to HealthPlanUSA
1. ACCEPTANCE OF TERMS: HealthPlanUSA (the "Service")
serves as a platform for medical and related professionals to obtain
information and network. Use of this Service is subject to the following
terms and conditions and any rules, guidelines or policies (collectively,
"Terms of Service") that may be published from time to time
by HealthPlanUSA.net. and/or its subsidiaries, parent, affiliates,
officers, directors, employees, agents, etc. (collectively, "HealthPlanUSA").
We may update any or all of the Terms of Service from time to time
2. USER REGISTRATION, PASSWORD AND SECURITY: As a condition of using
the Service, you agree to: (a) provide true, accurate, current and
complete information about yourself (the "Registration Data")
as prompted by the forms; (b) to maintain and promptly update the
Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current
or incomplete or HealthPlanUSA has reasonable grounds to believe
that such information is untrue, inaccurate, not current or incomplete,
HealthPlanUSA has the right to suspend or terminate your account
and/or any group created under your account, and refuse any and all
current or future use of the Service. You will receive a password
upon completing the Registration Form. You are responsible for maintaining
the confidentiality of that password. You agree to notify HealthPlanUSA
immediately of any unauthorized use of your password or account. If
you have been registered, you will not hold HealthPlanUSA liable
for any damages that may or may not have incurred.
3. MEMBER PRIVACY: Registration Data and certain other information
is concerned about the safety and privacy of all of its users.
4. TERMINATION: You agree that HealthPlanUSA, in its sole discretion,
may terminate your, password, account or use of the Service, for any
reason, including without limitation, for lack of use or if HealthPlanUSA
believes that you or any member of your group have violated or acted
inconsistently with the letter or spirit of the Terms of Service.
HealthPlanUSA may also, in its sole discretion and at any time, discontinue
providing the Service, or any part thereof, with or without notice.
You agree that HealthPlanUSA shall not be liable to you or any third
party for any termination of access to the Service.
5. NO RESALE OF SERVICE: You agree not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial purposes, the Service,
use of the Service or access to the Service.
6. INDEMNIFICATION: You agree to indemnify, defend and hold harmless
HealthPlanUSA from any loss, liability, claim, demand, damage, or
expenses (including reasonable attorney's fees) asserted by any third
party due to or arising from or in connection with: (a) your use of
the Service; (b) your connection to the Service; (c) your violation
of the Terms of Service, or (d) your violation of the rights of another.
HealthPlanUSA reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to indemnification
by you, which shall not excuse your indemnity obligations.
7. MODIFICATIONS TO SERVICE: HealthPlanUSA reserves the right at
any time and from time to time to modify or discontinue, temporarily
or permanently, the Service (or any part thereof) with or without
notice. You agree that HealthPlanUSA shall not be liable to you or
any third party for any modification to or discontinuance of the Service.
8. HealthPlanUSA’s PROPRIETARY RIGHTS: You acknowledge and
agree that Content including but not limited to text, software, music,
sound, photographs, graphics, video, page layout and design or other
material contained in the Service or information presented through
the Service by HealthPlanUSA or HealthPlanUSA’s advertisers
is protected by their copyrights, trademarks, service marks, patents,
or other proprietary rights and laws. You acknowledge and agree that
HealthPlanUSA can display images and text throughout the Service
including the insertion of sponsor messages into messages distributed
on HealthPlanUSA mailing lists. Content received through the Service
may be displayed, reformatted, and printed by you for your personal,
non-commercial use only. You agree not to modify, copy, reproduce,
republish, upload, post, transmit, sell or distribute in any way Content
available through the Service including code and software.
9. EXTERNAL LINKS: The Service may provide, or third parties may
provide, links to other World Wide Web sites and resources. You acknowledge
and agree that HealthPlanUSA is not responsible for the availability
of these outside resources, and does not endorse and is not responsible
for any Content, advertising, products or other material on or available
from such sites or resources. You further acknowledge and agree that
HealthPlanUSA shall not be held responsible or liable, directly or
indirectly, for any loss or damage caused or alleged to have been
caused by use of or reliance on any such Content, goods or services
available on or through any such sites or resources.
10. DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES Your correspondence
or business dealings with, or participation in promotions of, advertisers
or other third parties found on or through the Service including payment
and delivery of related goods or services, and other terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such advertiser. You agree that HealthPlanUSA.net
shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Service.
11. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. HealthPlanUSA
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. HealthPlanUSA
MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE,
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE
OR RELIABLE, (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED OR (E)
THIS SERVICE OR THE CONTENT RETRIEVED THROUGH IT ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. HealthPlanUSA MAKES NO WARRANTY REGARDING
ANY GOODS OR SERVICES OR THE DELIVERY OF ANY GOODS OR SERVICES PURCHASED
OR OBTAINED THROUGH OR FROM MAILING LISTS OR ADVERTISED THROUGH ITS
SPONSORS OR MAILING LISTS, OR REGARDING ANY TRANSACTIONS ENTERED INTO
THROUGH SUCH LISTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM HealthPlanUSA OR THROUGH THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. YOU EXPRESSLY
UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE, SHALL HealthPlanUSA BE LIABLE FOR ANY DIRECT,
INDIRECT INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF HealthPlanUSA HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (A) THE USE OR
THE INABILITY TO USE THE SERVICE FOR ANY REASON; (B) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES; (C) ANY GOODS OR SERVICES PURCHASED
OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (E) STATEMENTS, CONDUCT OR CONTENT OF ANY THIRD
OF HealthPlanUSA; OR (G) ANY OTHER MATTER RELATING TO THE SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HealthPlanUSA IS NOT RESPONSIBLE
OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE,
OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT
OF ANOTHER'S RIGHTS INCLUDING INTELLECTUAL PROPERTY AND PUBLICITY
RIGHTS. IF YOU ARE DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE
ON OR THROUGH THE SERVICE, OR WITH ANY OF THE TERMS OF SERVICE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
12. NOTICE Notices may be provided to you by email or regular mail.
The Service may also provide indirect notice of changes to the Terms
of Service or other matters by displaying notices or links to notices
to you generally on the Service.
13. TRADEMARKS HealthPlanUSA and the HealthPlanUSA logo are trademarks
of HealthPlanUSA. You agree that you will not, without prior written
permission, display or use in any manner these trademarks.
14. MISCELLANEOUS The Terms of Service constitute the entire agreement
between you and HealthPlanUSA and govern your use of the Service,
superceding any prior agreements between you and HealthPlanUSA. You
may also be subject to additional terms and conditions that may apply
to your group (or as defined by your Moderator)and when you use affiliate
services or Content. The Terms of Service and the relationship between
you and HealthPlanUSA shall be governed by and construed in accordance
with the laws of the State of California without regard to its conflict
of law provisions. You and HealthPlanUSA agree to submit to the personal
and exclusive jurisdiction of the courts located in the county of
Sacramento, California. The failure of HealthPlanUSA to exercise
or enforce any right or provision of the Terms of Service shall not
constitute a waiver of such right or provision. If any provision of
the Terms of Service is found by a court of competent jurisdiction
to be invalid, then such provision(s) shall be construed, as nearly
as possible, to reflect the parties' intentions, and the other provisions
of the Terms of Service shall remain in full force and effect. You
agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the Service
or to the Terms of Service must be filed within one (1) year after
such claim or cause of action arose or be forever barred. The section
titles in the Terms of Service are for convenience only and have no
legal or contractual effect or significance.
15. LANGUAGE It is the express wish of the parties that the Terms
of Service and all related documents have been drawn up in English.
16. VIOLATIONS Please report any violations of the Terms of Service
to HealthPlanUSA Administrator
I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AND AGREE
TO BE BOUND BY ALL OF ITS TERMS.