| First
Health Group Corp. First Health Web site Terms
and Conditions of Use and Legal Restrictions
ATTENTION: THE FOLLOWING TERMS AND CONDITIONS
OF USE, LEGAL RESTRICTIONS AND PRIVACY POLICY
("TERMS AND CONDITIONS") APPLY TO THE CONTENT
AND ANY USE OF THIS WEB SITE (REFERRED TO HEREAFTER
AS THE OR THIS "SITE"), INCLUDING ANY OF THE SERVICES
AVAILABLE ON OR THROUGH THE SITE. PLEASE CAREFULLY
READ ALL THE TERMS AND CONDITIONS BEFORE USING
THIS SITE. BY USING THIS SITE, YOU EXPRESSLY AGREE
TO THESE TERMS AND CONDITIONS AND THAT THESE TERMS
AND CONDITIONS SUPERSEDE THE TERMS AND CONDITIONS
OF USE RELATED TO THIS SITE IN ANY PRIVATE AGREEMENT,
WHETHER WRITTEN OR ORAL. IF YOU DO NOT AGREE TO
THESE TERMS AND CONDTIONS, DO NOT USE THIS SITE.
These Terms and Conditions supplement the applicable
provider, client and member contracts, policies
and benefit plans and represent the complete agreement
between the parties concerning the subject matter
hereof. First Health may modify these Terms and
Conditions at any time by publication on this
Site. Your continued use of the Site following
notice of any such modification will be conclusively
deemed to constitute acceptance of the revised
terms of these Terms and Conditions. Neither the
course of conduct between the parties nor trade
practice shall act to modify any provisions of
these Terms and Conditions. Failure to insist
on strict performance of any term of these Terms
and Condition will not operate as a waiver of
subsequent default or failure of performance.
No waiver of any term of these Terms and Conditions
will be valid unless in writing and acknowledged
in writing or electronically by both parties.
General
The content in this Site is provided for lawful
purposes only. Unless otherwise stated herein:
1) permission is given to view, print and use
the content in this Site only for your personal,
non-commercial home use, provided that no copyright,
service/trademark, or other proprietary notices
which accompany any such content are deleted or
changed; 2) content in this Site may not be copied,
reproduced, transmitted, displayed, downloaded,
uploaded, posted, distributed, rented, sublicensed,
altered, stored for subsequent use, or otherwise
used in whole or in part in any manner without
First Health's prior written consent; 3) use of
the content in this Site for any other purpose
violates First Health's intellectual property
rights; and 4) nothing in this Site will be construed
as conferring any license for any First Health
or any third party's intellectual property rights.
Privacy
Policy
Your privacy is very important to us, so at
First Health, we carefully guard your confidential,
individual-identifiable information (commonly
referred to as your "personal information"). Personal
information includes information that identifies
you, such as your name, address, telephone number,
e-mail address, social security number and date
of birth, and information related to your health
status, such as pharmacy and medical claims data,
when coupled with one of the identifiers. First
Health obtains your personal information through
its administrative, clinical management, network
services and various services related to health
plans, insurance policies and workers' compensation
claims (what we call "health benefits services"),
through corporate activities (such as investor
and public relations), and also when you send
it to us (through this Web site or otherwise).
We limit our collection and use of information
to the minimum required to deliver and inform
you about world-class health benefits services,
as we strive to promote quality, cost-effective
care.
Because maintaining your trust is a fundamental
part of our business, we protect your personal
information through a combination of security
mechanisms:
- We use non-published URLs and logins for
certain limited-audience sites, and passwords
and/or Personal Identification Numbers (PINs)
for certain sites where authentication of online
users is essential;
- We use secure servers, firewalls and encryption
technology to protect electronic transmissions
and help prevent unauthorized users from accessing
First Health servers, and notify you when such
protections are not in place;
- We require any organization that provides
support services to First Health to maintain
the confidentiality of your personal information,
and reserve the right to audit them for compliance.
Hospitals, doctors and other health care providers,
First Health clients, business partners and
vendors and other third parties who choose to
submit confidential information through this
Web site remain responsible for obtaining any
necessary legal consent to transmit the information
to First Health through this Web site and by
traditional communication methods; and
- We provide training to our employees in the
proper handling of personal information, and
limit access to employees who have a legitimate
need-to-know.
Please note that First Health does not guarantee
the confidentiality of any communication or material
sent to/from First Health through this site. First
Health undertakes to comply with all health information
privacy laws that apply to us.
Consistent with our respect for you and your
privacy, we will not use or share your personal
information for purposes other than treatment,
payment or health care operations (including,
but not limited to, quality assessment, fraud
detection, regulatory and mandatory legal activities),
or for purposes about which you are notified.
First Health will also use your personal information
to:
- Customize the content of our Web site for
individual visitors, upon the individual's request;
- Inform individual visitors about their own
personal information (or information of others,
such as family members or patients they are
authorized to view), upon the visitor's request;
- Improve the services made available on the
Web site;
- Identify visitors to respond to their requests
(or in case they forget or misplace their PIN);
and
- Provide health benefits services and related
quality assessment, fraud detection, regulatory
and mandatory legal activities, as well as to
contact you periodically about our available
services. If you do not wish this periodic contact,
please call or write to First Health about your
wishes; your decision will not affect your eligibility
or health plan coverage.
First Health does not sell, lease or license
your personal information to other companies unless
you give your permission. First Health may, in
its sole discretion, 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 and to improve the performance and content
of our Site. The cookie does not extract personal
information, and most browsers provide a simple
procedure that enables users to control whether
they want to receive cookies or notifies them
when a Web site is about to deposit a cookie file.
First Health may collect aggregate, anonymous
information to help diagnose problems with our
server, to measure the use of our Web site content,
to administer our Web site or for future commercial
value.
First Health strives to protect the control
of this Site, within the constraints of current
Internet technology. However, the e-mail facilities
at this Site do not provide a means for completely
secure and private communications. Like most,
if not all, non-encrypted Internet e-mail communications,
your e-mail may be accessed and viewed by other
Internet users, without your knowledge and permission,
while in transit to First Health. For that reason,
to protect your privacy, please do not use e-mail
to communicate information to First Health that
you consider to be confidential. If you wish,
you many contact First Health instead via telephone
at the numbers provided at various locations on
this Site or, if applicable, at the First Health
toll free number provided by your employer or
insurer. You agree that any comments, suggestions
or other information sent to First Health by way
of this Site is provided without restriction or
obligation on First Health, and First Health will
be free to use such information on an unrestricted
basis, except as described above with respect
to "Personal Information."
You also agree to use this Site and submit information
at your own risk, and that First Health has no
liability with respect to any unauthorized access
by third parties, including, but not limited to,
hackers. You are responsible for whatever material
you submit, and you, not First Health,
have full responsibility for any submitted message,
including its legality, reliability, appropriateness,
originality, and copyright. If First Health issues
you a User-ID, login, password, Personal Identification
Number (PIN) or other form of user identification
feature to access a First Health Web site, you
are expressly liable for any use by anyone using
your ID, whether or not you authorized the use;
you must guard it carefully. You agree to notify
First Health of any unauthorized use of your password.
Remember, logging off may prevent another person
from altering your user file or submitting information
as if they were you, but logging off may not prevent
another from seeing your previous information.
To ensure privacy, please be sure to close your
browser completely when finished with this Web
site.
If our privacy policy changes with respect to
the information we collect through our Web site
or our use of information you volunteer to us,
we will post the changes to our Web site. First
Health includes First Health Group Corp. and its
agents, affiliates and subsidiaries.
Use of this site is also subject to additional
Terms and Conditions.
Please read carefully before using.
Disclaimers
& Restrictions
First Health uses reasonable efforts to include
accurate, complete and current information on
this Site. However, First Health does not guaranty
any use of the content in this site in terms of
its correctness, accuracy, reliability, or otherwise,
and First Health undertakes no obligation to update
the content in this site.
CONTENT ON THIS SITE IS PROVIDED "AS IS" AND
"AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE
UNDER APPLICABLE LAW INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
FIRST HEALTH DOES NOT REPRESENT OR WARRANT THAT:
1) ANY FUNCTIONS AVAILABLE ON OR THROUGH THIS
SITE WILL BE UNINTERRUPTED OR ERROR-FREE; 2) ANY
DEFECTS WILL BE CORRECTED; OR 3) THIS SITE OR
THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER FIRST HEALTH NOR ANY PARTY INVOLVED
IN CREATING, PRODUCING OR DELIVERING THIS SITE
WILL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT,
SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING
OUT OF OR RELATING TO ANY ACCESS TO, USE OF OR
INABILITY TO USE THIS SITE, OR ANY OTHER WEB SITE
LINKED TO THIS SITE OR ANY ERRORS OR OMISSIONS
IN THE CONTENT HEREOF OR THEREOF, INCLUDING, WITHOUT
LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR DATA ON YOUR EQUIPMENT, OR
OTHERWISE, EVEN IF FIRST HEALTH IS EXPRESSLY ADVISED
OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
Some U.S. states and foreign countries provide
rights in addition to those above or do not allow
the exclusion or limitation of implied warranties
or liability for incidental or consequential damages.
Therefore, the above limitations may not apply
to you, or there may be laws or regulations that
supersede the above. Any clause of these Terms
and Conditions declared invalid by the appropriate
authority shall be deemed severable and shall
not affect the validity or enforceability of the
remainder of these Terms and Conditions.
Certain health benefit services include the
provision of general health information, care
support, and educational materials (collectively,
the "health information") by or through First
Health, via this Web site and other methods of
communication. It is not First Health's intent
to recommend or prescribe specific treatment,
and as always, treatment decisions remain between
patients and their physicians. Patients should
never disregard professional medical advice, or
not seek such advice, because of information received
from or through First Health. Certain treatments
described in the health information may be excluded
from certain benefit plans or insurance policies;
patients remain responsible for carefully checking
exclusions. The health information is provided
by sources First Health believes to be reliable.
However, should patients choose to use this information,
they should discuss their decisions with their
doctors. First Health is not responsible for the
content of the health information or for updating
the information, and cannot guarantee accuracy
or appropriateness for a patient's particular
situation.
Treating providers are independent contracts
and are neither employees nor agents of First
Health.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY
DAMAGE THIS WEB SITE OR UNDERMINE ITS OPERATION
IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND,
SHOULD SUCH AN ATTEMPT BE MADE, FIRST HEALTH RESERVES
THE RIGHT TO SEEK DAMAGES FROM SUCH PERSON TO
THE FULL EXTENT PERMITTED BY LAW.
You agree not to use the Site for any of the
following activities: (1) sending junk mail or
chain letters, spamming, or any use of distribution
lists to any person who has not given specific
permission to be included; (2) posting, e-mailing,
uploading, or otherwise transmitting any unlawful,
harmful, harassing, defamatory, libelous, abusive,
threatening, vulgar, sexually explicit, obscene,
hateful, racially, ethnically or otherwise objectionable,
material of any kind, or any material that is
invasive of another's privacy or exploits children
under 18 years of age; (3) posting, e-mailing,
or otherwise transmitting any content that infringes
any patent, copyright, trademark, trade secret,
or other proprietary rights of First Health or
any third party, or that contains any software
viruses, Trojan horses and/or other code, files
or programs intended to destroy, disrupt or otherwise
impair a computer's functionality or the operation
of the Site; (4) impersonating any person or entity,
including, but not limited to, a First Health
official or representative, or falsely stating
or otherwise misrepresenting your relationship
with First Health; (5) interfering with or disrupting
networks connected to the Site or violating any
regulations, policies, and procedures of networks
connected to the service; (6) using the Site for
any illegal purpose, or to gather personally identifiable
information without First Health's and/or other
necessary or appropriate prior consent; or (7)
interfering with another User's enjoyment of the
Site.
You are prohibited from violating or attempting
to violate the security of the Site, including,
without limitation: (i) accessing data not intended
from you or logging into a server or account which
you are not authorized to access; (ii) attempting
to probe, scan, spider or test the vulnerability
of a system or network, or to breach security
or authentication measures without proper authorization;
(iii) attempting to interfere with First Health's
services to any User, host or network, including,
without limitation, via means of submitting a
virus to the Site, overloading, "flooding," "mailbombing"
or "crashing"; (iv) sending unsolicited e-mail,
including promotions and/or advertising or products
or services; or (v) forging any TCP/IP packet
header or any part of the header information in
an e-mail or posting. Violations of system or
network security my result in civil liability.
First Health will investigate occurrences, which
may involve such violations, and may involve,
and cooperate with, law enforcement authorities
in prosecuting Users, and any other persons or
entities, who are involved in such violations.
You agree to indemnify and hold First Health
and its subsidiaries, affiliates, officers, agents,
co-branders or other partners, employees and other
representatives, harmless from and against any
claims, losses, costs, expenses or demands, including
reasonable attorneys' fees, made by an third party
relating to or arising out of content you submit,
post to or transmit through the Site, your use
of the Site, your connection to the Site, your
violation of these Terms and Conditions, or your
violation of any rights of a third party.
Jurisdiction
First Health controls this Site (excluding linked
sites) from its headquarters in Downers Grove,
Illinois, United States of America and makes no
representation that any content contained in this
Site is appropriate or available for use in other
locations, and accessing this Site or use of any
of its content from locations where such use or
content is illegal is prohibited. Because this
Site can be accessed from all 50 states, as well
as from other countries around the world, and
each of these places has laws that may differ
from those of Illinois, by accessing this Site
both you and First Health agree that the statutes
and laws of the state of Illinois, notwithstanding
any principles of conflicts of law, will apply
to all matters relating to use of this Site and
that if you use this Site from any other location
you are responsible for compliance with applicable
local laws. You and First Health also agree and
hereby submit to the exclusive personal jurisdiction
and venue in DuPage County, Illinois or the Federal
Courts with jurisdiction in Illinois with respect
to such matters. If any part of these Terms and
Conditions is deemed unlawful, void, or unenforceable,
that part will be deemed severable and will not
affect the validity and enforceability of any
remaining provisions.
Copyright
& Trademarks
This Site and its content, copyright 1997-2001
First Health Group Corp. All rights reserved.
All works of authorship contained at this Site,
including, but not limited to, text, images and
their arrangement, are owned by First Health,
(except as otherwise noted. "First Health®,"
the heart logo, and other names appearing in a
type form different from that of the surrounding
text are service marks owned by or licensed to
First Health), its subsidiaries or affiliates.
Any other product name or company name mentioned
in this Site may be a service/trademark of its
owner. You may not reproduce, copy, or redistribute
the design, layout or individual elements of this
Site design without the express written permission
of First Health. If you or your organization has
a preexisting agreement with First Health, that
agreement will specify your rights and obligations
regarding the use of First Health service/trademarks.
If you do not have an existing agreement with
First Health, use, reproduction, copying, or redistribution
of any First Health service/trademarks is strictly
prohibited without written permission from First
Health.
Each user of this site is responsible for the
content of his or her postings to and transmissions
through the Site. This means that each user, and
not First Health, is entirely responsible for
all content that he or she posts, e-mails, uploads
or otherwise transmits via the Site. Use of the
Site is subject to all applicable local, state,
national, and international laws and regulations.
THE USE OF WEBWACKER OR SIMILAR PRODUCT TO DOWNLOAD
OUR SITE, OR ANY OF THE CONTENT ON THIS SITE,
INFRINGES First Health'S COPYRIGHT. DO NOT USE
WEBWACKER OR SIMILAR PRODUCTS ON THIS SITE!
First Health®, AFFORDABLE®,
OUCH® and the heart logo are registered service
marks of First Health Group Corp.
Always First in Health Plans and Making health
care as simple as 1 2 3 are service marks of First
Health Group Corp.
All other trademarks and service marks are the
property of respective trademark owners.
Use of this Site is also subject to additional
Terms and Conditions.
Please read carefully before using.
Revisions
First Health uses reasonable efforts to include
accurate, complete and current information on
this Site. However, First Health does not guaranty
any use, display or representation of the content
in this Site in terms of its correctness, accuracy,
reliability, completeness or otherwise. First
Health reserves the right to, and may, make improvements
and/or changes in format or content of this Site
and to change these Terms and Conditions at any
time without prior notice. First Health has no
obligation to update any information or content
on this Site, and such information or content
may be out of date at any given time.
First Health has no obligation to update any
information or content on this Site, and such
information or content may be out of date at any
given time. First Health may also make improvements
and/or changes in the information or content contained
in this Site at any time without prior notice.
First Health reserves the right to change these
Terms and Conditions and Legal Restrictions at
any time. Site Manager. Send e-mail to First Health
with questions or comments about this Site.
Links
& Linking
Links To Other Web sites. Your use of
links from this site to other Web sites is voluntary.
They are provided for your convenience as Internet
navigation tools only. First Health accepts no
responsibility for the content, products and/or
services provided at such Web sites. Links to
other Web sites contain information created, published,
maintained, or otherwise posted by persons or
entities independent of First Health. First Health
does not endorse, approve, recommend, favor, certify,
or control these Web sites, and does not guarantee
the content, accuracy, completeness or timeliness
of information located at such Web sites. The
owners/operators of such other Web sites do not
necessarily endorse First Health products or services,
nor are they responsible for the content of this
Site.
Use of any information, products or services
obtained from Web sites with links to this Site
is voluntary, and entirely at your own risk. First
Health does not warrant or guarantee, and assumes
no responsibility for: 1) your use of the information,
products or services obtained at any Web site
linked to this Site, or 2) the content of such
information, including, but not limited to, errors
or omissions, the accuracy or reasonableness of
the content, the defamatory nature of any statements
contained therein, ownership of copyright or other
intellectual property rights, or the violation
of property, privacy, or personal rights of others
by any such site or its owner/operator. First
Health is not responsible for, and expressly disclaims
all liability for, damages of any kind arising
out of or relating to any use, reference to, or
reliance on such information, products or services.
The above limitation or exclusion may not apply
to you to the extent that applicable law may not
allow the limitation or exclusion of liability
for incidental or consequential damages.
Establishing a Link to This Site. First Health
prohibits the use of the First Health logo as
a "hot" link to this Site unless the establishment
of such a link is approved in writing by First
Health. You may establish a hypertext link to
this Site from your Web site provided that: 1)
the link must be a text-only link clearly marked
"First Health"; 2) the link must be to "http://www.firsthealth.com"
or, for First Health's clients and their clients
and covered persons authorized to utilize First
Health's services, to a specific URL provided
by First Health; 3) the appearance, position and
other aspects of the link may not be such as to
damage or dilute the goodwill associated with
First Health's name and service/trademarks; 4)
the appearance, position and other aspects of
the link may not create the false appearance that
you or any other entity is associated with or
sponsored by First Health (except to identify
First Health as your service provider, if applicable);
5) the link, when activated by a user, must display
First Health's Site full-screen and not
within a "frame" on the linked Web site; and 6)
First Health reserves the right to revoke its
consent to the link at any time in its sole discretion.
You may not, without obtaining First Health's
written permission, republish, redistribute or
otherwise make any copies of, the content on this
Site as a part of the link, including by framing
or similar means, or otherwise.
Use of this Site is also subject to additional
Terms and Conditions.
Please read carefully before using.
Investment
Information
This Site is not designed to advance or sell
any particular First Health product or service.
Any such reference to First Health products or
services are purely for illustrative purposes.
It is up to you, as a prudent reader, to understand
and determine on your own what you need to do
in order to make intelligent decisions in connection
with the matters discussed on this Site, and to
seek out advice of competent individuals before
making any investment decision.
Certain information related to finances, investment
and performance contained herein may include certain
forward-looking statements, within the meaning
of Section 27A of the Securities Act of 1933,
as amended, and Section 21E of the Securities
Exchange Act of 1934, as amended, including (without
limitation) statements with respect to anticipated
future operating and financial performance, growth
and acquisition opportunities and other similar
forecasts and statements of expectation. Words
such as "expects", "anticipates", "intends", "plans",
"believes", "seeks", "estimates", "could" and
"should" and variations of these words and similar
expressions, are intended to identify these forward-looking
statements. Forward-looking statements made by
First Health and its management are based on estimates,
projections, beliefs and assumptions of management
at the time of such statements and are not guarantees
of future performance. First Health disclaims
any obligations to update or revise any forward-looking
statement based on the occurrence of future events,
the receipt of new information or otherwise.
Actual future performance, outcomes and results
may differ materially from those expressed in
forward-looking statements made by First Health
and its management as a result of a number of
risks, uncertainties and assumptions. Representative
examples of these factors include (without limitation)
general industry and economic conditions; interest
rate trends; cost of capital and capital requirements;
competition from other managed care companies;
the ability to expand certain areas of First Health's
business; shifts in customer demands; changes
in operating expenses, including employee wages,
benefits and medical inflation; governmental and
public policy changes and the continued availability
of financing in the amounts and at the terms necessary
to support First Health's future business. In
addition, if First Health does not continue to
successfully integrate recent acquisitions into
its existing business, successfully implement
new contracts and programs, and control healthcare
benefit expenses, it may not achieve its planned
financial results.
Use of this Site is also subject to additional
Terms and
Conditions. Please read carefully before using.
Last Modified: Tuesday, April 23, 2002
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