Effective January 19, 2011
This Terms and Conditions of Use Agreement ("Agreement") is a legal agreement between you and Health Net Federal Services, LLC ("HNFS" or "we") governing your use of this website (the "site").
YOUR USE OF THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY ACCESSING, USING AND/OR VIEWING OUR SITE, YOU HEREBY AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST EXIT THIS SITE. PLEASE NOTE THAT CHILDREN UNDER THE AGE OF THIRTEEN (13) ARE PROHIBITED FROM USING ANY HNFS SITE.
We may revise the information on the site or otherwise change or update the site, including this Agreement. If we make changes to this Agreement, we will use reasonable efforts to post such changes before they become effective and to specify the date they will become effective. In the absence of any specific date being provided, the changes are effective immediately. A current version of this Agreement showing the effective date is always available at this location. We encourage you to periodically read this Agreement to see if there have been any changes to our policies that may affect you. Health Net Federal Services may also make improvements and/or changes in products and/or services described on this site or add new features at any time without notice. Your continued use of the site will signify your continued agreement to this Agreement as it may be revised.
WEBSITE ACCESS; PROHIBITED ACTIVITIES. Provided that you are not under the age of thirteen (13), we hereby grant you a personal, non-exclusive, non-transferable, revocable license to access our site and the information contained within the site.
Users under the age of thirteen (13) are prohibited from using the site.
The site contains software tools and databases that allow you to search and retrieve information. You may not gain unauthorized access to the site, to other users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the site. You may not send or otherwise transmit to or through this site chain letters, unsolicited messages, so-called "spamming" or "phishing" messages, or messages marketing or advertising goods and services.
You may use our services for lawful purposes only. You may not use our services to post, transmit or otherwise distribute unlawful material. Examples of unlawful material include, but are not limited to, threats of physical harm, defamatory statements, pornographic material, and copyrighted, trademarked, and other proprietary material used without proper authorization. You may not post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment. You may not "flood" or disrupt our site through any means or process such as launching or using any automated system, including but not limited to, "robots," "spiders," or "offline readers." You may not misrepresent your identity or affiliation in any way. You may not restrict, discourage or inhibit any person from using the site, disclose personal information on the site or obtained from the site or collect information about users of this site. You may not reverse engineer, disassemble or decompile any section or technology on the site, or attempt to do any of the foregoing. You are responsible for all use of our services and the site, with or without your consent, by yourself and others, which occurs by, through, or in connection with access to the site via your computer.
REGISTRATION. You are not obligated to register with HNFS in order to access this site. However, certain sections and features of this site are available only to HNFS members and providers ("Registered Users"). If you are a Registered User, you agree to accurately maintain and update any information about yourself that you have provided to HNFS. You also agree to promptly notify us of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to this site.
NO FEES FOR THIS SITE. Health Net Federal Services does not charge you any fees for using its site, but you may incur charges from your online service provider and/or telephone or cable companies.
USER SUBMISSIONS. Health Net Federal Services may offer users certain interactive features through the site from time to time. Interactive features may include the submission of commentary, feedback or other communications or materials by you and other users ("User Submissions").
You agree, represent and warrant that any User Submission is a) truthful, accurate, and not misleading, b) offered in good faith, and c) that you have the right to transmit such information.
Should you provide your email address in connection with your User Submission, you agree that HNFS and its third party service providers may use your email address to contact you about the content and for other administrative purposes.
COPYRIGHT, TRADEMARKS & TRADE DRESS. All content included on the site, the compilation of all content on the site and all software used on the site are the property of HNFS, its affiliates or its content suppliers, and are protected by U.S. and international copyright laws. Furthermore HNFS as well as other marks so indicated on the site and other HNFS graphics, logos, images, page headers and titles, button icons, scripts and trade and service names, are trademarks and/or trade dress of HNFS in the U.S. and other countries.
Except as provided in the "License and Website Access" section above, unless you receive HNFS’ prior express written consent, you may not: (1) copy, reproduce, publish, distribute, create derivative works of, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit, any copyright-protected element of the site, including the content and/or software on the site; (2) make any use of HNFS trademarks and/or trade dress; (3) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, and/or form) of HNFS; or (4) use any metatags or any other "hidden text" utilizing HNFS' name or trademarks.
Health Net Federal Services makes no representations concerning, and assumes no liability for, the infringing or non-infringing nature of any trademarks which appear on the site but are not owned by HNFS.
THIRD PARTY CONTENT/LINKS. As you view the site, you may notice links to third-party websites. These links are for convenience only. If you use these links, you will leave this site. Certain of these linked websites may make use of HNFS proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from HNFS. Health Net Federal Services is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by HNFS of the organizations sponsoring such third-party websites or their products or services. This Agreement does not apply to any other websites.
DISCLAIMER. Our site contains various types of information originating from ourselves or third parties, including outside vendors that provide health-related information or goods and services. The site provides information about health issues designed to help users make better decisions. But medical information is not the same as medical advice. Although we go to great lengths to make sure our information is accurate and useful, we urge you to consult a physician if you want professional assurance that our information, and your interpretation of our information, is appropriate to your particular situation.
AS THE USER OF THIS SITE, YOU ASSUME FULL RISK AND RESPONSIBILITY FOR ANY AND ALL USE OF THIS SITE, INCLUDING THE INFORMATION PRESENTED ON THE SITE. THE SITE IS INTENDED TO BE A GENERAL INFORMATION RESOURCE ONLY AND DOES NOT CONSTITUTE MEDICAL ADVICE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TREATMENT. YOU ARE RESPONSIBLE FOR SEEKING PROFESSIONAL MEDICAL ADVICE IF YOU HAVE ANY QUESTIONS ABOUT YOUR HEALTH OR A HEALTH CONDITION. YOU AGREE TO HOLD HNFS AND ITS AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS RELATING TO YOUR USE OF, YOUR RELIANCE UPON, OR ERRORS OR OMISSIONS IN, INFORMATION FOUND ON THIS SITE.
THE SERVICES, INFORMATION AND FUNCTIONS CONTAINED ON OUR SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, CONCERNING OUR SERVICES OR THE ADEQUACY, ACCURACY OR COMPLETENESS OF THE INFORMATION OR SERVICES INCLUDED ON OUR SITE, THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE EXPRESSLY DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS FROM SERVICES, INFORMATION, OR MATERIALS, INCLUDING HEALTH-RECORD HISTORIES,. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED WEBSITE OR ANY LINK CONTAINED IN A LINKED WEBSITE, EXCEPT TO THE EXTENT THAT SUCH WEBSITE OR LINK IS OWNED AND OPERATED BY HNFS OR ITS AFFILIATE(S).
LIMITATION OF LIABILITY. Use of our services is at your own risk. With regard to outside vendors and information providers, we do not endorse, or otherwise recommend or approve any product or information located on or available through our site. We do not own or control other networks, sites, or hyperlinked sites outside of our own site, including the outside vendors accessed through our site.
We have made reasonable efforts to validate that our lists of providers displayed are up to date and accurate. Please call the provider prior to scheduling an appointment to verify that the provider continues to be part of our network. We are not liable for any losses, damages, or non-covered charges as a result of using the provider locator tool or receiving care from a provider listed on our site.
WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY HARM TO YOU OR OTHERS RESULTING FROM THE USE OF OUR SITE AND/OR THE PRODUCTS AND SERVICES PROVIDED THROUGH OUR SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF REVENUE, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS, LOSS OF TECHNOLOGY, LOSS OF RIGHTS OR SERVICES, LOSS OF DATA, INTERRUPTION OR LOSS OF USE OF ANY EQUIPMENT, MENTAL ANGUISH, EMOTIONAL DISTRESS, OR INVASION OF PRIVACY, ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITE AND/OR THE PRODUCTS AND SERVICES PROVIDED THROUGH OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
WE ARE NOT RESPONSIBLE OR LIABLE FOR THE ACTS OR OMISSIONS OF OUTSIDE VENDORS OR INFORMATION PROVIDERS, OR FOR PERFORMANCE (OR NON-PERFORMANCE) WITHIN OUTSIDE NETWORKS OR INTERCONNECTION POINTS BETWEEN OUR SITE AND OTHER NETWORKS AND/OR SITES THAT ARE OPERATED BY THIRD PARTIES. WE ALSO MAKE NO REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH OUR SITE, AND YOU AGREE AND ACKNOWLEDGE THAT AT TIMES YOUR ABILITY TO ACCESS OUR SITE MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH WE WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ANY ACTION WE CONSIDER APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, WE CANNOT GUARANTEE THAT THEY WILL NOT OCCUR, AND ACCORDINGLY WE DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
WE ARE NOT LIABLE FOR ANY FAILURE OR DELAY IN OUR PERFORMANCE DUE TO ANY CAUSE BEYOND OUR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT OR FAILURE OF THE INTERNET.
INDEMNIFICATION. You agree to defend, indemnify and HNFS and its directors, officers, employees, agents, affiliates and successors harmless from and against any and all claims, demands, liabilities, judgments, losses, damages, costs, fees and expenses (including but not limited to reasonable attorneys' fees) arising from or relating to your use of the site or your acts or omissions, including but not limited to (1) infringement or misappropriation of any intellectual property rights, (2) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity, (3) spamming, or any other offensive, harassing or illegal conduct or violation of this Agreement, or (4) any damage or destruction to our site, to us, or to other persons or parties.
TERMINATION AND INVESTIGATION. Health Net Federal Services may terminate the license granted to you under the above " Website Access; Prohibited Activities" section at any time if HNFS has reasonable grounds to believe that you are in breach of this Agreement. The license will terminate immediately without notice from HNFS if, in HNFS' sole discretion, you fail to comply with any term or provision of this Agreement. Upon such termination, you may not access, use, or view the site.
Health Net Federal Services expressly reserves the right, in its sole discretion, to terminate a Registered User's www.tricare-west.com account due to any act that would constitute a violation of this Agreement.
We reserve the right to investigate suspected violations of this Agreement. If we become aware of possible violations, we may initiate an investigation that may include gathering information from you or any user involved and the complaining party, if any, and examination of other material. We may suspend the provision of our services temporarily, or we may permanently remove the material involved from our servers, provide warnings to you, or suspend or terminate your access to our services. We will determine what action will be taken in response to a violation on a case-by-case basis, and at our sole discretion. We will fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
BREACH. You hereby acknowledge that your breach of this Agreement may result in immediate and irreparable harm to HNFS, for which there will be no adequate remedy at law, and that HNFS shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of information obtained through the site. Your breach of this Agreement may also entitle HNFS to bring an action against you for any and all other remedies available at law or in equity.
JURISDICTION. We operate and control our site from our location in California, United States of America. We make no representation that any information, materials or functions included on or through our site are appropriate for use in any other jurisdiction. If you choose to access our site from locations other than California, you do so on your own initiative and are responsible for compliance with applicable laws and regulations.
This Agreement, and the rights and obligations of you and HNFS hereunder, shall be governed by, and construed in accordance with, the laws of the State of California. You further agree that any legal action or proceeding between you and HNFS arising out of or relating to this Agreement or your use of the site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Sacramento, California, and you hereby expressly and irrevocably consent to the jurisdiction and venue of such courts.
NO WAIVER; SEVERABILITY. A waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions of this Agreement. In the event that any provision of this Agreement is held to be unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that is the closest to the intention underlying the unenforceable provision.
ASSIGNABILITY. We may assign our rights and delegate our duties under this Agreement either in whole or in part at any time, at our sole discretion, and without your consent. You may not assign, sublicense or otherwise transfer your rights or obligations, in whole or in part, under this Agreement to anyone else.
RELATIONSHIP. This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us.
Thank you for taking the time to review this Agreement. We look forward to providing services to you.