Legal Notice and Agreement
IMPORTANT: Be sure to read the following
BEFORE you proceed in this Web site. If you use this Web site, you are bound by
the following rules and agreement, whether you read them or not.
We appreciate your visit to our Web site. To be sure that you understand the purpose
and intended use of the Web site, we have established certain rules for use of the
site, including an agreement you automatically accept by opening and reviewing any
page or materials within the Web site. If you do not wish to follow our Web site
rules and enter into this Web site agreement with us, please exit the Web site now.
By proceeding to access any page within this Web site, you agree to the following
Ownership of This Web Site and Use of Web Site Materials
This Web site is owned and operated by Health Advantage, a health maintenance organization.
All data or information contained in this Web site is and shall remain the exclusive
property of Health Advantage (Health Advantage Data). By using this Web site, you
agree to respect the ownership rights and rules of use of Health Advantage, including
the right of Health Advantage to monitor this Web site at any time and the right
of Health Advantage to process, retain, copy and, subject to our confidentiality
policy and applicable laws or regulations, use and disclose any information you
may provide to Health Advantage through this Web site. See our
You agree not to copy, download, disclose, distribute, transfer, publish, or e-mail
any Health Advantage Data without the prior, written consent of Health Advantage,
or as further expressly authorized in this "Ownership" section.
You are authorized to download one copy of any Health Advantage Data on this Web
site for your own personal use, provided you (a) do not use the Health Advantage
Data for any commercial purpose and (b) do not remove, mask or obscure any copyright,
trademark, service mark, patent or other intellectual property rights notices or
symbols set forth in the Health Advantage Data.
Limitation and Release of Health Advantage from Liability
As a condition of your use of this Web site, and of your access to any Health Advantage
Data herein, you agree that neither Health Advantage nor any affiliated company
nor any director, officer, employee or agent of Health Advantage or its affiliated
companies (Health Advantage Parties) shall be liable to you for any harm, injury
or loss you may suffer which allegedly is caused by or related to your access to
this Web site or the content, style, accuracy, inaccuracy, currency or staleness
of any Health Advantage Data or other information contained or reflected within
this Web site.
By using this Web site, you agree to waive and release the Health Advantage Parties
from all liability whatsoever which may be caused by, arise from, or in any way
relate to your use of this Web site, including but not limited to any direct, indirect,
incidental, special, consequential, exemplary or punitive damages, physical or mental
injury or loss, economic loss, loss of profits, injury to reputation or credit standing,
emotional distress, psychological injury or loss or other damage or injury of any
kind ("Losses"), regardless of whether such Losses allegedly arise from
negligence, breach of contract, breach of warranty, breach of fiduciary duty, strict
liability or tort.
You agree that if you are not satisfied with the content or operation of this Web
site or with the content, use or effect of any Health Advantage Data, or if you
believe that your access to this Web site or any Health Advantage Data has in any
way caused injury to you, your sole and exclusive remedy shall be to exit the Web
site and refrain from any further access or use.
Important Disclaimers — For What We Are NOT Responsible
As a condition of your use of this Web site, and of your access to any Health Advantage
Data herein, you agree that Health Advantage and the Health Advantage Parties are
NOT RESPONSIBLE FOR:
- Errors, omissions or inaccuracies in the Web site or in any Health Advantage Data.
We will try to avoid errors, but you should not expect information in this Web site
to always be current, accurate or error-free because human or machine error may
occur, and information may become outdated before we can update this Web site; in
addition, there is always a possibility of "hackers" or other unauthorized
postings to this Web site, which we may not be able to prevent, detect or deter.
Health Advantage cannot and does not guarantee or represent the accuracy, timeliness,
reliability or completeness of any Health Advantage Data or other information contained
in or accessed through this Web site.
- Warranties or representations of any kind.
Health Advantage does not make any warranties or representations of any kind to
you or to any other visitor to or user of this Web site. All Health Advantage Data
or other information you may access or receive through this Web site is provided
"AS IS" without warranties of any kind, express or implied. This disclaimer
of warranties and representations includes but is not limited to any implied warranties
of merchantability or fitness for a particular purpose, or of non-infringement of
any ownership or intellectual property rights of any third party.
- Viruses, contamination or other technical or system problems, damages or errors.
Health Advantage will not be responsible for any virus or contamination you or your
computer programs or equipment may experience during or as a result of your access
to this Web site or your access to, downloading or use of any Health Advantage Data,
nor will Health Advantage be responsible for any problems, damages or errors associated
with your access to this Web site, or your access to, downloading or use of any
Health Advantage Data. In using or accessing this Web site, you assume 100 percent
of all risks associated with such access or use, including but not limited to any
risk of viruses or contamination, any software, hardware or other problems or losses,
or any damages or errors related to such access or use.
- Providing links to other sites, the content of other sites, or the conduct of the
owners of other sites.
You may see opportunities within this Web site to link to other Web sites, an option
we may provide from time to time purely as a convenience service to Web site visitors.
If you choose to access other Web sites from this Web site, you agree, as a condition
of choosing any such link or access, that Health Advantage is not and shall not
be responsible or liable to you or to others in any way for your decision to link
to such other Web sites. You further agree that Health Advantage and the Health
Advantage Parties are not responsible for the content of any other Web site to which
you may link, nor are Health Advantage or the Health Advantage Parties liable or
responsible under any circumstances for the activities, omissions or conduct of
any owner or operator of any other Web site. Once you choose to link to another
Web site, you understand and agree that you have exited this Web site and are no
longer accessing or using any Health Advantage Data. You understand and agree that
by making any third-party Web site link available as an option to you, Health Advantage
does not in any way endorse any such Web site, nor state or imply that you should
access such Web site or obtain or use any services, products or information which
may be offered to you through such other Web sites or by the owner or operator of
such other Web sites. The owners or operators of any other Web sites (not Health
Advantage) are solely responsible for the content and operation of all such Web
sites. Health Advantage makes no warranties or representations of any kind, express
or implied, nor of merchantability or fitness for a particular purpose, nor of non-infringement,
with regard to the content or operation of any other Web site to which you may link
from this Web site.
- Acts or omissions of any other person, company or entity.
You agree that Health Advantage is not and shall not be responsible or liable to
you or to others for any conduct, misconduct, mistakes, errors or omissions of any
other person or company which may in some way affect your access to or use of this
Web site or of Health Advantage Data, or the operation or content of this Web site,
including but not limited to the acts or omissions of unknown third parties, unauthorized
users or "hackers," internet service providers, competitor companies,
utility companies, governments, courts, law enforcement authorities, or local, state
or federal regulatory agencies.
Improper Use Prohibited
By accessing or using this Web site, you agree to use it and the Health Advantage
Data made available herein solely for your own personal use in the manner in which
it is intended and for the legitimate business and informational purposes for which
the Web site is operated by Health Advantage. You further agree that you shall not
use or attempt to use this Web site or any Health Advantage Data or other information
obtained herein for any unlawful or harmful purpose, including but not limited to
any sabotage, industrial or economic espionage, defamation of any person or company
or the humiliation, harassment, intimidation or threatening of any other person
or company. You agree that you will not employ at any time nor attempt to enter
into the Web site any improper data, comments, statements or materials of any kind,
including but not limited to any false, fraudulent, defamatory, or scandalous data,
statements or accusations, any profanity, any pornographic or sexually explicit
materials, images, depictions, diagrams, drawings, illustrations, video displays
or references of any kind, nor any material containing or designed or intended to
convey any insults to another person based on race, sex, national origin, ethnicity,
age, color, disability, sexual orientation or religion. You understand and agree
that this Web site is a private enterprise owned and operated exclusively for business
purposes of Health Advantage and its affiliated companies, and as such that this
Web site shall not be used by you to solicit any business apart from the products,
goods or services offered to Arkansas residents by Health Advantage, nor shall this
Web site be used by you to promote any personal, political or religious agenda or
philosophy of you or any other person or organization.
You agree that Health Advantage shall be entitled, if it so chooses, to take steps
to bar your continued use or access to this Web site in the event of any improper
activity of any kind and further that Health Advantage may report any such improper
activity to appropriate civil or criminal authorities or agencies, either local,
state or federal, and may in certain instances pursue civil action or criminal charges
and prosecution against violators.
Jurisdiction and Remedies for Violation of Rules
If you violate any of these Web site rules, or if there is any dispute between you
and Health Advantage relating to your access to or use of the Web site or to the
Health Advantage Data, you agree that you will be subject to the personal jurisdiction
of the courts of Pulaski County, Arkansas, for all purposes relating to any civil
or criminal action in connection with your violation or with regard to any dispute
between you and Health Advantage related to this Web site. In the event of any violation
of these rules, you agree that, in addition to other remedies that might be available,
Health Advantage shall be entitled to an injunction against you to stop such violations.
Product Offerings Limited to Arkansas Residents
While it is possible that you may access this Web site from any state in the United
States, you understand and agree that the health plan business of Health Advantage
is limited to the state of Arkansas and that Health Advantage does not solicit or
seek to place any health plan coverage outside the state of Arkansas. Accordingly,
you agree that if you are a non-resident of Arkansas, you will disclose your residency
accurately and completely and will not accept any health plan offering or solicitation
of Health Advantage even if some such offering or solicitation is mistakenly or
inadvertently directed to you as a non-resident of Arkansas, either by machine or
By accessing or using this Web site, you agree to cooperate fully with Health Advantage
to promote the proper use and working of the Web site, and to identify, report or
investigate any improper use or conduct in connection with the Web site. You agree
to promptly report to Health Advantage any improper use of the Web site or Health
Advantage Data, or any improper or unauthorized content or information displayed
within the Web site.
If you enter any data on any Web page or location within this Web site, or otherwise
provide data in response to the Web site or in connection therewith, you authorize
the release of such data to Health Advantage and to all affiliated companies, employees
or agents of Health Advantage whose access to such data is related to the business
operations of Health Advantage or its affiliated companies. This authorization for
release of data is subject to the confidentiality policies of Health Advantage,
and requirements of applicable laws and regulations. While Health Advantage will
treat personally identifiable data you may enter or submit via this Web site as
confidential to Health Advantage and its affiliated companies, Health Advantage
cannot and does not guarantee that data you enter or submit on this Web site is
secure or will not be accessible to unauthorized third parties or unintended recipients.
See our Privacy Statement.
No Legal, Medical or Other Advice Offered or Intended
You understand and agree that nothing contained in this Web site or the Health Advantage
Data is intended or shall be construed as any kind of advice or counseling to you.
This Web site does not offer legal advice, medical advice, health advice, nor any
other form of advice or counseling. In making any decisions regarding any matter
addressed in this Web site you should not rely on Health Advantage or the Health
Advantage Data for advice as to laws or regulations, or your financial, physical
or mental well-being or general health or nutrition. Regardless of any material
contained in this Web site or the Health Advantage Data, you should ALWAYS CONSULT
YOUR OWN PHYSICIAN ON ANY MEDICAL MATTERS, AND YOUR OWN ATTORNEY ON ANY LEGAL OR