Terms of Use
PacificSource Community Health Plans
Effective: May 1, 2011
Please review these Terms of Use carefully as they set forth the terms and conditions by which you agree to use this website, www.medicare.pacificsource.com, and any other website owned or operated by owned or operated by PacificSource or any of its subsidiary companies (the “Site”). Please note that certain sections of this Site are intended for particular audiences, such as our providers, members, agents, employer groups and shareholders, as well as members of the general public.
These Terms of Use will refer to PacificSource Community Health Plans, as “PacificSource,” “us,” “we” or “our.”
BY USING THIS SITE, YOU AGREE TO ABIDE BY THE FOLLOWING TERMS OF USE:
Representations and Warranties
By accessing and using this Site you represent and warrant that you are who you portray yourself to be when you use this Site, that you will use the Site only in connection with doing business with us and that you will use the Site in accordance with these Terms of Use and all applicable international, federal, state and local laws and regulations.
Obligations Regarding Your User ID and Password
Some features on this Site may allow you to create an online account. You are solely responsible for maintaining the confidentiality of your password and account. You are also responsible for any and all activities that occur under your account and expressly agree and acknowledge that you are solely liable for any and all actions taken using your password and user ID, whether with or without your knowledge. You agree to notify us immediately if you become aware of any loss or theft of your password or unauthorized use of your password or account.
Management of Your Software, Equipment and Data
PacificSource does not provide any software or equipment. You are solely responsible for providing all software, internet connections, computer equipment and any other hardware necessary to access our Site. You are also solely responsible for management of your information, including, but not limited to, backing-up your own data and maintaining adequate records to be able to replicate any data transmitted through our Site. PacificSource is not liable for the content of or any errors in the data transmitted through our Site or any lost data.
Medical Content
This Site may contain general medical or health information. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified health care professional. Nothing contained, expressed or implied in this Site is intended to be nor shall be construed as medical advice. PacificSource assumes no responsibility for any circumstances arising out of the use, misuse, interpretation or application of any information supplied on this Site. If you have any questions about medical issues or appropriate examinations, treatment, testing and care recommendations, consult your doctor or other qualified medical professional.
Confidential Information
Through our Site you may be able to view, send and/or receive confidential medical or personal information, including without limitation patient-related and claims information ("Healthcare Information”). You agree to maintain the security and privacy of such Healthcare Information and agree that all Healthcare Information shall be held in strictest confidence. You shall ensure that access to Healthcare Information shall be limited to those with a "need to know" basis and that such information will be used solely for the authorized purpose relating to which it was viewed, sent or received. You also agree to promptly notify us in the event you become aware of any violations of this provision.
Ownership of Materials and Restrictions on Use
The information on this Site, along with any materials (including, for example, press releases and product descriptions), is the copyrighted work of PacificSource and is protected by copyright, trademark or other intellectual property laws of the U.S. international laws. You may download material displayed on this Site for your personal, non-commercial use only. However, we cannot and do not guarantee or warrant that any such files or other materials are free of viruses, worms, Trojan horses or other code that has contaminating or destructive properties. You are hereby granted a nonexclusive, nontransferable, limited license to view and use information retrieved from this Site solely in connection with doing business with us, provided that you retain all copyright and other proprietary notices contained on the materials. Other than as expressly permitted herein, you may not copy, distribute, modify, transmit, reproduce, repost or use the content of this Site for public or commercial purposes, including the text, images, audio, video and underlying code without our written permission. PacificSource neither warrants nor represents that your use of materials displayed on this Site will not infringe rights of third parties.
Links to Other Websites
Our Site may contain links to other websites maintained by third parties over whom we have no control. When you click on one of these links, you are leaving our Site and going to another website. These third party links are made available to you as a convenience, and your use is at your sole discretion and risk. We do not endorse or recommend any products, services or information contained at such websites. We make no warranties or representations of any kind as to the accuracy, currency or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information.
DISCLAIMER
USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. PACIFICSOURCE IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF RELIANCE ON ANY INFORMATION CONTAINED IN OR SUBMITTED TO THIS SITE, AND THE RISK OF INJURY OR LOSS FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Limitation of Liability
PacificSource will not be liable to you or any third party for any delay, difficulty in use, inaccuracy or incompleteness of information, unauthorized access, computer viruses, malicious code, loss of data, compatibility issues, or otherwise. We will not be liable to you or any third party for any damages of any kind whatsoever including, but not limited to, direct, indirect, consequential, special, incidental, including without limitation, lost profits or damages resulting from lost data or business interruption or punitive damages of any kind whatsoever that may result from your use of or inability to use this Site or the materials or services provided on this Site or the products or services received from this Site, or any other link we provide to another site, or any acts, omissions, defects, security breaches or delays, regardless of the basis of the claim or if we have been advised of the possibility of such damage or loss.
Indemnification
You agree to defend, indemnify and hold us, our affiliates and subsidiaries and all of our respective directors, officers, employees, representatives, agents, shareholders and assigns harmless against any claims, losses, damages, expenses or costs (including, without limitation, reasonable costs of litigation such as attorneys' fees and expert fees) arising from, incurred as a result of, or related to your use of this Site and any breach by you of these Terms of Use, your unauthorized or illegal use of the Site or the information contained within or transmitted through it, whether by you or any other person using your password or User ID.
Children's Online Privacy Protection Act
PacificSource does not direct content to minors and does not intend to collect personal information from minors and therefore is not subject to the Children’s Online Privacy Protection Act. If you allow your minor child, or a child for whom you are legal guardian, to access and use this Site, you agree that you will be solely responsible for (i) the online conduct of such minor; (ii) monitoring such minor's access to and use of this Site and (iii) the consequences of any use.
Governing Law
These Terms of Use will be governed by and construed in accordance with the laws of the State of Oregon, without reference to its choice of law rules. By accessing, viewing or using the material on the Site, you consent to the jurisdiction of the federal and state courts presiding in Bend, Oregon, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.
Miscellaneous
If any provision of this agreement is unlawful, void or unenforceable, it shall not affect the validity and enforceability of any remaining provisions.
PacificSource may make changes to these materials or to the products or services described herein at any time without notice and makes no commitment to update the information contained herein. We do not assume responsibility for any errors or omissions in these materials and do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials.
We reserve the right to terminate your access to the Site in the event that you violate these Terms of Use or for any other reason whatever.