1. Proprietary Rights
All material contained in the Sites is protected by law, including but not limited to, United States copyright law. Except as indicated, HealthSmart is the owner of the copyright in the entire content (including trademarks, service marks, text, graphics, logos, email messages, bulletin board postings, brochures, communications and newsletters), as well as the various website addresses, and HealthSmart hereby reserves all rights in that regard. HealthSmart grants permission to access, view, download, copy, print and distribute non-confidential information found on the Sites provided the copyright notice appears on all copies, use is for internal informational purposes only, and no modification is made to any materials. You may not reproduce, display, publish, transmit, distribute or otherwise use the materials from the Sites for any public or commercial purpose without the prior written permission of HealthSmart. HealthSmart owns all trademarks, service marks or other logos featured on the Sites, and any use or misuse of these trademarks, service marks or logos is expressly prohibited and may be a violation of federal and state law.
2. Disclaimer of Liability and Warranty
USE OF THE SITES IS ENTIRELY AT YOUR OWN RISK. HEALTHSMART PROVIDES THE SITES ON AN “AS IS” AND “WHEN AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT WILL HEALTHSMART OR OTHER THIRD PARTIES MENTIONED OR REFERENCED ON THE SITES, BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE, INABILITY TO USE, OR RELIANCE UPON THE SITES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, DEFECTS, DELAYS OR SYSTEM MALFUNCTION OF THE SITES, REGARDLESS OF WHETHER HEALTHSMART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HEALTHSMART DOES NOT GUARANTEE THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED, THAT ALL LINKS WILL WORK, OR THAT YOU WILL HAVE ACCESS TO ALL INFORMATION.
By Using the Sites, you agree to indemnify, defend and hold harmless HealthSmart, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all fines, suits, proceedings, claims, causes of action, demands or liabilities of any kind or of any nature arising out of or in connection with Use of the Sites and any breach by you of the Terms herein.
4. User Communications, Including Email, Via the Sites
All information, ideas, suggestions, bulletin board postings, surveys, feedback, comments, questions or other communication (hereby known as “Communication”) you transmit or provide to the Sites are, and will be treated as, non-confidential and non-proprietary, unless such Communication is classified as protected health information pursuant to the Health Insurance Portability and Accountability Act (HIPAA). (For more information on our Privacy Notices, please click here). Use of the Sites and any submission of Communications is entirely at your own risk. The User is responsible for whatever Communication is submitted, and the User has full responsibility for any submitted Communication, including its legality, reliability, appropriateness, originality, and copyright.
HealthSmart prohibits any posting or transmission of a Communication that is unlawful, encourages unlawful behavior or is otherwise inappropriate. HealthSmart reserves the right to refuse or block any Communication or Use of the Sites that is unlawful, encourages unlawful behavior, or is otherwise inappropriate.
HealthSmart strives to maintain control of the Sites, within the constraints of current technology; however, as is customary for non-encrypted Internet email communications, your email may be accessed and viewed by other Internet users, without your knowledge and permission, while in transit to HealthSmart. For that reason, to protect your privacy, you should not use email to communicate information to HealthSmart that you consider to be confidential, especially any protected or personally identifiable health information. HealthSmart disclaims all liability with respect to any unauthorized access by third parties.
5. No Solicitation or Offer
The Sites are designed to provide general information about HealthSmart, its products and services, and its affiliates and subsidiaries. By Using the Sites, no invitation, solicitation, or offer to join any HealthSmart network, program, or plan(s) exists. HealthSmart does not guarantee that all services or products offered by HealthSmart on the Sites will be available, in whole or in part, in all geographic areas. Certain services or products offered by HealthSmart may only be obtainable through an authorized HealthSmart representative, affiliate, or agent. Using the Sites is not contingent upon purchasing products or services from us, either directly or through the Sites. Services or products available from websites linked to the Sites carry no endorsement or guarantee from HealthSmart.
6. No Healthcare Advice
The Sites offer general information and services only and are not intended for specific individuals, ailments, or symptoms, nor are they tailored to your individual health needs. All health-related Communication and services through the Sites are presented as general information and services and should not be used in place of information or services received from a licensed, practicing healthcare professional. By Using the Sites, HealthSmart does not initiate any healthcare relationship (such as, but not limited to, a doctor/patient relationship). HealthSmart does not warrant, endorse, or take any responsibility for your use of health-related communication, information, or services available through the Sites or available through externally-linked websites. HealthSmart holds no responsibility or liability for the use, misuse, or failure to use healthcare-related communication, information, or services available on the Sites or through externally-linked websites. You are fully responsible for your use, misuse, or failure to use healthcare-related communication, information, or services on the Sites or available through externally-linked websites. Contact your licensed, practicing healthcare professional for specific communication, information, and services regarding your individual healthcare needs.
7. No Legal Advice
Nothing contained, expressed or implied in the Sites is intended as, nor shall be construed or understood as, legal advice, guidance, or interpretation. The Sites may offer external links to websites that contain information that is publicly available; however, HealthSmart does not guarantee or warrant any legal advice offered on such externally linked websites. Any information is presented “as-is” and no legal interpretation by the Sites is being offered. By Using the Sites, no attorney-client relationship is established or implied under any circumstances whatsoever. You are responsible for the use, misuse, or failure to use legal information or communication available on the Sites or any externally linked websites, and HealthSmart assumes no liability or responsibility for your use, misuse, or failure to use legal information or communication available on the Sites or externally linked websites. Should you have any questions about any law, statute, regulation or other legal requirement referenced in the Sites, please contact your own licensed, practicing legal professional.
8. Updates, Corrections and Changes
HealthSmart does not warrant or guarantee the completeness, accuracy, or timeliness of any or all information available on the Sites or on externally linked websites. HealthSmart reserves the right to modify or delete any or all information at any time without notice. Furthermore, HealthSmart is not responsible for your use, misuse, or failure to use any or all information or services that have been modified or deleted. HealthSmart has no obligation to update any information or content on the Sites. . HealthSmart may also make improvements and/or changes in the information or content contained in the Sites at any time without prior notice.
9. Links to External Websites
Links to external websites are provided by HealthSmart as a service to you. HealthSmart does not endorse, approve, certify, or control these external websites and does not guarantee the content, accuracy, completeness or timeliness of information located at such websites. These externally linked websites are maintained by third parties and the responsibility and liability of all information and services rests solely with them. Any access to externally linked websites is entirely at your own risk. HealthSmart is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these websites. HealthSmart is not responsible for the functionality of external links or for the functionality of the websites themselves. Links to external websites may be removed at any time without notice.
HealthSmart, at its sole discretion, may use what is known as “cookie” technology. A “cookie” is a data element sent to your browser by a web site when you link to that web site. By assigning a unique data element to each visitor, the web site is then able to recognize repeat users and track usage patterns to better serve visitors when they return to that web site. The cookie does not extract Protected Health Information (PHI) or Personally Identifiable Information (PII). (For more information on our Privacy Notices, please click here.) Most browsers provide a simple procedure that enables users to control whether they want to receive cookies or notifies them when a website is about to deposit a cookie file.
11. Governing Laws and Jurisdiction
These Terms will be governed and construed in accordance with the laws of the State of Texas, without reference to its choice of law. By accessing, viewing, or using the material contained within the Sites, you consent to the jurisdiction of the federal and state courts, as applicable, presiding in Dallas County, Texas, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.
Unauthorized access to secured databases or circumvention of security measures on the Sites may be a violation of state and/or federal laws. Access to and use of password-protected and/or secure areas of the Sites is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Sites may be subject to prosecution.
HealthSmart makes no representation or warranty whatsoever and assumes no responsibility or liability whatsoever in connection with the accuracy, completeness, suitability, functionality, or operation of the websites which may be hyperlinked to or from the Sites. HealthSmart is in no way responsible for the views, content or accuracy of any websites which is either hyperlinked to or from the Sites, nor does HealthSmart endorse any content, products or services that may be advertised or noted on these websites.
14. Use of Publications
Use of forms, fliers, manuals and other documents (hereby known as “Publications”) are for those using HealthSmart services (“Customers”). Publications may be saved on Customers’ computer and may be printed in sufficient quantities for Customers. HealthSmart grants permission to Customers to access, view, download, copy, print and distribute Publications found on the Sites provided that Publications contain copyright notices on all copies, Publications are for internal purposes only, Publications are never used for any public or commercial purpose, and Publications are never modified. Any other use of Publications other than those stated above is prohibited without prior written permission from HealthSmart.
15. Entire Agreement
The Terms contained herein constitute the entire agreement between you and HealthSmart with respect to your use of the Sites. If any part of these Terms is held to be invalid or unenforceable for any reason, the remaining parts will remain in full force and effect. You acknowledge that, in providing access to and use of the Sites, HealthSmart has relied on your agreement to be legally bound by these Terms.