Website Usage Agreement

 

Acceptance of the Website Usage Agreement
The following Website Usage Agreement (“Agreement”) constitute the legal agreement between you and Companion Life (also referred to herein as “we,” “our” or “us”) regarding your access and use of the website and your use of the Web-based services offered on the website including, but not limited to, mobile usage [“Service(s)”]. Your access to the website and the applicable Services will depend on the nature of your relationship with Companion Life that has provided you with access to the website or the Services. Depending on your relationship with Companion Life, Services may include information about Companion Life and its subsidiaries, links to content and services provided by third parties, and restricted access to certain member-, provider-, benefit coordinator- and agent-specific information. Please read this Agreement carefully. If you agree to this Agreement then click the “Accept” button below. By clicking the Accept button below, you acknowledge your agreement that this Agreement shall be a legal and binding agreement governing your use of the website and the Services. If you do not agree to this Agreement, then do not click the Accept button and return to the previous page of this website.

From time to time, we may change this Agreement by posting a new or supplemental Agreement on this website. You agree that we may change this Agreement from time to time and that you shall be bound by such changes when they are posted on this website. Further, some Services may require you to agree to additional terms and conditions which apply to the specific Services. If you agree to those additional terms and conditions, then those additional terms and conditions also shall form a part of the legal agreement between you and Companion Life.

In order to enter into this Agreement and thus access the website and utilize the Services accordingly, you represent and warrant to Companion Life that you are age 16 or older. Additionally, if you are accessing the website or using the Services on behalf of any other person or entity, then you represent and warrant that you are legally authorized to enter into this Agreement on behalf of such person or entity.

Use of Website and Services
You agree that you will use the website and Services only for legitimate purposes and that you shall comply with all applicable laws, regulations or other government directives regarding your use. You agree that you will not use the website or the Services: (i) to access any information for which you do not have the legal right to view; or (ii) to distribute or publish any defamatory statements, pornographic material, copyrighted, trademarked or other proprietary material. At any time we may modify or discontinue your access to any or all of the website or Services in our discretion.

Mobile Usage
Mobile usage includes any program or service accessed or used via your mobile device (e.g. an iPhone or smart phone) and the software modules operating within our mobile environment and appearing on your mobile device that provide you access to a variety of content and services.

Mobile-specific Information We Collect
We collect information for mobile usage, such as your device type and hardware IDs; the request type; your mobile carrier; your mobile carrier’s user ID; the content of your request; basic usage stats about your device; and use of our products and services. This information does not by itself identify you to us, though it may be unique or consist of or contain information that you consider personal.

If you use location-enabled products and services, such as Google Maps for mobile, you may be sending us location information. This information may reveal your actual location, such as GPS data, or it may not, such as when you submit a partial address to look at a map of the area.

Certain use of our products and services allows you to download and/or personalize the content you receive from us. For these products and services, we will record information about your downloads and preferences, along with any information you provide about yourself. If the product or service requires you to log in with a specific account, this information will be associated with your account.

Information Sharing and Onward Transfer
All requests made via your mobile device must be sent through your mobile carrier’s network and your mobile carrier may have access to it. For information regarding your mobile carrier’s treatment of your information, please consult your mobile carrier’s privacy policies.

Use of Information
Through the website and the Services you may be offered access to various types of information originating from ourselves or third parties. Some of this information may be related to dental, medical and health care issues. The information contained within this website and the Services is not dental, medical or health care advice. We do not engage in the practice of medicine or dentistry. Any information which you obtain on the website or through the Services should be used only after consulting with your appropriate health care provider.

Your Information
To enroll in the website and Services, you must supply certain basic information during the enrollment process and, occasionally, at other times while using the Services. Please be advised that we may share information provided by you as part of the enrollment process with third parties for the purposes of providing the website, Services or other benefits.

Updates
If you would like to update your personal information, you may do so either via the website’s Ask Customer Service or Ask Provider Services function or by calling our Customer Service department.

E-mail
You are required to provide your e-mail address in order to use the website and the Services. You agree we may use this e-mail address to correspond with you regarding the website and the Services and to send other communications to you. We also may retain this e-mail address for such future use as we may determine. Additionally, we may send e-mail responses to Ask Customer Service or Ask Provider Services questions. If you have not previously provided an e-mail address in your registration profile, we will require an e-mail address when you sign on in the future.

Security/Privacy
This site has security/privacy measures in place to protect against the loss, misuse and alteration of the information under our control. While your Username and Password are used to initially recognize you as an enrolled member, some of the functions offered by the Services may require a higher level of validation and will use your member/group/provider/agent number and date of birth to allow access to these functions. We use your Internet Protocol (IP) address to help diagnose problems with our server, and to administer our website. Your IP address is also used to help identify you and to help gather broad demographic information. Although we have security and privacy measures in place, we cannot guarantee that unauthorized third parties (including computer hackers) will not gain unauthorized access to your information or otherwise misuse the system. You agree to assume all risks associated with unauthorized users and further release Companion Life from any and all claims, liabilities and damages, of whatever nature, related to the website or the Services. You also agree to protect your user login information and to not provide such information to any third party.

Cookies
As part of the registration and sign-on process, we will create a temporary, encrypted identifying information file in your browser (commonly known as a “cookie”) that identifies you as a registered member of the website. Cookie technology enables Companion Life to offer you convenient features, such as easier navigation through the website, the ability to receive services from select third parties and the ability to save customized information.

Links
As you navigate through the website or use the Services, you will be able to link to other sites for special offers or information. Please note that we provide these links for your convenience, but inclusion of the link does not imply endorsement by Companion Life. We do not guarantee any third party’s performance and do not guarantee any of the services or materials provided by any third party. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained as a linked site. You may be required to accept a linked website’s separate terms and conditions in order to access such website. Some linked sites may provide particular, personalized services. For example, linked sites may provide prescription drug information that includes part of your prescription drug history. For the linked site to provide this type of detailed information, it is necessary for Companion Life to provide the linked site with specific information related to your personal information. Your acceptance of this Agreement constitutes your agreement that we may provide such linked sites with necessary personal information. Because we do not control the linked sites, we encourage you to understand the privacy policies of linked sites. Obviously, we cannot be responsible for the privacy practices or the content of such websites. With regard to third party information, we do not endorse or otherwise recommend or approve any product or information located on or available through the website or Services.

Cancellation
At any time, we may, in our sole discretion, choose to terminate or limit the Services or cancel your access to the website or Services.

Disclaimer
AS A USER OF THIS WEBSITE AND THE SERVICES, YOU ASSUME FULL RISK AND RESPONSIBILITY FOR ANY AND ALL USE OF THE WEBSITE AND SERVICES, INCLUDING RESPONSIBILITY FOR THE INFORMATION PRESENTED TO YOU. THE WEBSITE AND THE SERVICES ARE INTENDED TO BE A GENERAL INFORMATION RESOURCE ONLY AND DO NOT CONSTITUTE MEDICAL OR DENTAL ADVICE AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR DENTAL ADVICE OR TREATMENT. YOU ARE RESPONSIBLE FOR SEEKING PROFESSIONAL MEDICAL OR DENTAL ADVICE IF YOU HAVE ANY QUESTIONS ABOUT YOUR HEALTH OR A HEALTH CONDITION. THE WEBSITE AND THE SERVICES 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.

Limitation of Damages and Liability
YOU AGREE THAT WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF THE WEBSITE OR THE SERVICES. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY HARM TO YOU OR OTHERS RESULTING FROM THE USE OF THE WEBSITE OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW YOU HEREBY RELEASE AND DISCHARGE US, OUR EMPLOYEES, OFFICERS AND DIRECTORS FROM ANY AND ALL DAMAGES, COSTS, EXPENSES OR LIABILITIES OF WHATSOEVER NATURE RELATED TO YOUR USE OF THIS WEBSITE OR THE SERVICES.

Indemnification
You agree to indemnify, defend and hold Companion Life and our officers, directors, employees, agents, licensors, suppliers and any third-party information providers harmless, from and against all losses, expenses, damages, liabilities, fees and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person acting on your behalf or with your permission who accesses any Services using your account.

Special Access Terms
Some Services may provide you with the option to allow administrators and non-administrators (“Authorized Users”) to create profiles so as to use certain Services on your behalf. There may be different requirements, administration processes and available functions depending on the profile of the Authorized User. You are solely responsible for all acts or omissions of any Authorized User or any other person who gains access to the website or Services. You are solely responsible for implementing and maintaining all necessary quality and security procedures your Authorized Users will be required to follow. You shall designate one Authorized User to serve as your administrator (“Administrator”). The Administrator shall serve as your primary contact with Companion Life regarding the website and any applicable Services. The Administrator also is responsible for controlling which other Authorized Users are allowed to access the website or Services on your behalf. You represent and warrant that the Administrator will be knowledgeable concerning the statutory and regulatory requirements, including the requirements of the Health Insurance Portability and Accountability Act of 1996, and the regulations promulgated thereunder (“HIPAA”) and any state medical privacy mandates applicable to the electronic storage and transmission of patient information within and from your facilities. You agree that each Authorized User shall maintain full compliance with HIPAA, and any other laws now or hereinafter existing that are applicable to you, directly or indirectly, with respect to the gathering, use, transmission, processing, receipt, reporting, disclosure and maintenance or storage of health information. The Administrator shall be solely responsible for ensuring that each Authorized User will have his or her unique Password; that the unique Passwords are not shared with any others; and that appropriate procedures are in place for the regeneration of Passwords or adding or terminating access to the website or Services. You agree that Authorized Users will only access and use the Services solely for your internal business purposes in accordance with this Agreement.

Survival
If Companion Life terminates your access to the website or applicable Services, then this Agreement shall remain in full force and effect and shall survive as the governing terms of your access and use of the website and Services prior to your termination.

Eligibility and Benefits
Depending on your status, you may have access to eligibility and benefits information through the website or the Services. The information you obtain is not a guarantee of payment. Unless otherwise required by state law, any information you obtain regarding eligibility and benefits is not a guarantee of payment. Benefits are subject to all contract limits and member status on the date of service. Also, nonpayment of premiums and other contractual limitations may result in denial of benefits or refunds.

Accumulated amounts such as deductibles may change as additional claims are processed. Deductible and out-of-pocket limits may not apply for all services under your benefit plan. The deductible and out-of-pocket status information is a standard calculation based on the limits for professional outpatient services performed in a hospital. If your benefit plan does not impose a limit for this service or includes different limits for other types of services, the actual amounts may vary.

The replacement deductible is for the deductible specific to the service type requested. This replaces the global deductible for this service type. Please contact Customer Service for additional information regarding benefits.

Relationship
This Agreement does not establish any relationship or partnership, joint venture employment, franchise or agency between you and Companion Life.

Enforceability of this Agreement
If any provision of this Agreement is determined to be invalid or unenforceable, then all other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is determined to be invalid or unenforceable, then the court shall enforce this Agreement to the maximum extent allowed by law or equity.

No Waiver
No waiver of any breach of any provision of this Agreement shall be deemed a waiver of any repetition of such breach or in any manner affect any other provision set forth herein.

Assignability
Companion Life may assign our rights and delegate our duties under this Agreement, either in whole or in part, at any time in 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 any one else.

Governing Law
This Agreement shall be interpreted and enforced according to the laws of the state of South Carolina.

Jurisdiction
You agree that any legal action or proceeding between you and us arising out of or relating to this Agreement, the website or the Services, shall be brought solely and exclusively in a federal or state court of competent jurisdiction located in Richland County, South Carolina, and you hereby expressly and irrevocably consent to the jurisdiction and venue of such courts and waive any defenses to such jurisdiction, venue or convenience of forum.

Copyright
Copyright and other laws protect all information, content and all other materials offered through the Service and all information contained on the website. You may not copy or distribute any of these materials without our prior written consent.

Entire Agreement
This Agreement, as they may be modified from time to time in our discretion, and any other terms to which you agree as part of your access to an applicable portion of the website or Services, constitute the entire agreement between you and Companion Life regarding your use of the website and the Services.

Revised: November 4, 2010