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TERMS AND CONDITIONS OF USE – SHPS-Carewise Health Web Site
Revised: April 4, 2008
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.
The SHPS corporate Web site (“Web site”) is owned and operated by SHPS, Inc. (“SHPS”), an independent third-party provider of health advocacy and health benefits solutions. SHPS is responsible for any policies regarding this Web site, including these Terms and Conditions and the Privacy Policy. Also, these Terms and Conditions apply only to this Web site and do not change the terms or conditions of any other agreement you have with SHPS for other products or services.
General Provisions
The contents of this Web site, including all text, graphics, images, information, and other materials ("Content"), are for informational purposes only and are intended to provide general information on a variety of healthcare and health benefits topics.
Privacy Policy
SHPS believes strongly in protecting user privacy. Our Privacy Policy explains how SHPS collects and uses personal information.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SHPS or its content suppliers and protected by United States and international copyright laws. You may electronically copy and print to hard copy portions of this Web site for the sole purpose of using materials it contains for informational and non-commercial, personal use. Any other use of the materials in this Web site - including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance - without the prior written permission of SHPS - is strictly prohibited.
SHPS respects the intellectual property of others, and we ask our users to do the same. SHPS may, in appropriate circumstances and at its own discretion, limit access to this Web site and/or terminate the accounts of any users who abuse the intellectual property rights of others.
Trademarks
SHPS, Inc., Carewise Health, all logos, all SHPS logos and the products and services described in this Web site, are either trademarks or registered trademarks of SHPS, its suppliers and its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of SHPS. All other trademarks, registered trademarks, product names, and company names or logos mentioned herein are the property of their respective owners.
Electronic Communications
When you visit the Web site or send e-mails to us, you are communicating with us electronically and consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Web site. By using the Web site, you agree that all notices, agreements, disclosures, and other messages that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Third-Party Content and Services
This Web site may include content and features provided by third parties ("Third-Party Content") who have been contracted by SHPS to provide such services. SHPS does not warrant the accuracy of any Third-Party Content and takes no responsibility to update or review any Third- Party Content.
Hyperlinks
SHPS does not endorse, makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of Web sites accessible by hyperlink from this Web site. Your use of third-party Web sites is at your own risk and subject to the terms and conditions of use for such Web sites. Any links provided by SHPS are done so as only as a convenience, and inclusion of any link does not imply affiliation with, adoption of any site or endorsement of (i) any Web site, (ii) any product or service advertised on these Web sites, or (iii) any other information contained therein.
Disclaimer
This Web site and its contents are provided on an "as is" basis without warranties of any kind, either express or implied. SHPS does not represent or warrant that this Web site or its server(s) are free of viruses or other harmful components. SHPS reserves the right to change any and all content contained on this Web site at any time without notice.
Modification and Amendments
SHPS reserves the right to amend at any time any policies governing this Web site, including these Terms and Conditions and SHPS' Privacy Policy, by posting the amended terms. The amended terms shall be effective immediately. If you do not accept the amended terms, you should cease using this Web site.
Limitation of Liability
In no event shall SHPS be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with the use of this Web site or the content or other materials contained in, or accessed through, this Web site, even if SHPS is advised of the possibility of such damages, including, without limitation, any damages caused by or resulting from reliance by user on any information obtained from the Web site or SHPS, or that results from mistakes, omissions, interruptions, deletion of files or e-mail, error, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to SHPS’ records, programs, or services. In no event will the aggregate liability of SHPS (whether in contract, warranty, tort-including negligence, whether active, passive or imputed-product liability, strict liability or other theory) arising out of or related to the use of SHPS’ Web site exceed U.S. $1,000. SHPS is not liable for any personal injury, including death, caused by your use or misuse of this Web site, the content or other materials contained in or accessed through this Web site. All claims arising in connection with your use of this Web site, any content or any other materials must be brought within one (1) year of the date on which the event giving rise to such action occurred. Remedies under these terms and conditions are exclusive and are limited to those provided for herein.
Indemnification
You shall indemnify and hold harmless SHPS, its affiliates and their respective officers, directors, employees, agents, licensors and suppliers, from and against any claims, actions, demands, liabilities, and settlements (including without limitation reasonable attorneys' fees) arising out of or in connection with your breach of these Terms and Conditions.
Miscellaneous
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, applicable to agreements made and entirely to be performed within Kentucky, without resort to its conflict of law provisions. Any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in Jefferson Circuit Court or U.S. District Court for the Western District of Kentucky, both located in Louisville, Kentucky, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of use of the SHPS Web site and these Terms and Conditions.
Questions & Contact Information
General questions or comments about this Web site may be directed to corporate@shps.com.
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