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PLEASE READ THE FOLLOWING TERMS OF USE AND CONDITIONS, LEGAL DISCLAIMERS, COPYRIGHT AND TRADEMARK GUIDELINES, AND PRIVACY POLICIES CAREFULY.
By using the Western Health (WH) Web site (Site), you agree to the terms of use and conditions, legal disclaimers, copyright and trademark guidelines and privacy policies (collectively referred to herein as the "Terms of Use and Conditions"). If you do not agree to these Terms of Use and Conditions, please do not use this Site.
TERMS OF USE AND CONDITIONS
I. DISCLAIMERS
A. Accuracy and Content. The information provided on this Site is provided by WH. WH makes no warranties or representations as to the accuracy of the content on this Site and WH assumes no responsibility or liability for any omissions or errors in the content of the Site. When using the information contained on this Site, you understand and agree that you assume full responsibility for its use and that WH is neither responsible nor liable for any claim, loss, or damage resulting from that use.
B. Disclaimer of Warranty and Liability. The material in this Site is provided "AS IS" and without warranty of any kind, either express or implied. WH does NOT guarantee that (1) the information provided herein will be error free, (2) access to the Site will be uninterrupted, or (3) the Site or the server that makes it available to you are free of viruses or other harmful components.
C. Changes/Updates to Site. Information on this Site may be changed or updated without notice. Information may be out of date at any given time and WH has no obligation to update information presented on this Site. WH may make improvements and/or changes in services described in the Site without notice.
D. No Medical Services or Advice. The information contained in this Site is general in nature and is not a substitute for professional health care services, nor does it take the place of your Summary Plan Description (SPD) or Certificate of Coverage (COC). Nothing contained in this Site, either expressed or implied, is intended as nor shall be construed as medical advice. No doctor-patient relationship is established between WH and you by reason of your use of this Site for any reason or circumstance whatsoever. If you have general or specific health care inquiries or needs, you should consult an appropriate health care professional.
E. Third Party Access. WH endeavors to protect this Site, within the constraints of current Internet technology but it is possible for third parties to obtain unauthorized access to this Site. You agree to use this Site and submit information at your own risk and that WH has no liability with respect to any unauthorized access by third parties.
F. Links to Other Internet Sites. This Site may contain links to other Internet sites for the convenience of users in locating services and information that may be of interest. WH is not responsible for the privacy practices or the content used by other Internet site owners and WH does not control, endorse, promote or have any affiliation with any other Internet sites unless expressly stated in the Internet site.
G. Provider Directory. This Site may contain a provider directory. The provider directory is for informational purposes only and WH makes no guarantees that the provider directory is up to date. You should (1) contact a customer service representative at the telephone number listed on your member identification card for confirmation that a provider is currently participating with WH prior to utilizing a provider listed on the provider directory on this Site; and (2) contact the provider directly to see if he/she is currently accepting new patients.
H. WH Relationship With Providers. The relationship between WH and any health care provider (Participating Provider) which provides services to a WH member is that of independent contractor. It is not intended that Participating Providers be the agent or employee of WH, nor is it intended that WH or an employee of WH be the employee of a Participating Provider. WH is not an insurer against, nor liable for, the negligence or other wrongful act or omission of any Participating Provider, their employees or other person or agency, or for any act or omission of any WH member. Any Participating Provider, their employees or agents, are solely responsible for all health care services provided to WH members. All members acknowledge that WH is not authorized to, and does not, practice medicine.
I. Hold Harmless. You agree to hold WH harmless from any and all claims, demands, actions, causes of action, and expenses of any kind which may result or arise out of any alleged act or neglect caused or alleged to have been caused by you or any of your agents, employees, or representatives in the performance or omission of any act relating to the use of this Site.
II. WH COPYRIGHT AND TRADEMARK INFORMATION
A. Restriction on use of Information. You may refer to or cite the information from the Site in books, online services or other media but you may not reproduce or distribute such information in whole or in part without the prior written permission of WH, except as set forth below. You may not reproduce or distribute any image from the Site without obtaining the prior written consent of WH. To request such information, send email to general@mywellnessadvantage.com, including your name, address, and a description of the purpose your intended distribution and the information you would like to distribute.
B. Use of Copyright Materials. Copyright in this Site is owned by WH. You are hereby authorized to view, copy, print, and distribute information from this Site under the following conditions: (1) The information may be used for informational purposes only, (2) any copy of the information must include this copyright notice, and (3) the information may only be used for non-commercial use.
C. Trademarks.
1. CareFocus and FinanceFocus are registered trademarks of Rapid City Regional Hospital, a South Dakota nonprofit corporation.
III. PRIVACY POLICIES
A. Web Site Privacy Policy. WH is sensitive to your privacy concerns regarding use of this Site. WH respects your right to privacy and wants you to know how it handles the information received from you by your use of this Site. In general, you can visit this Site without providing any personal information about yourself. If you choose to provide WH with personal information, it may be necessary for WH to provide your information to our providers, agents or contractors in order to respond to your inquiry. There are instances in which WH might internally use the personal information you voluntarily submit. By learning more about you, WH can provide more relevant information and product offerings on their Site. For detailed privacy, and Health Insurance Portability and Accountability Act (HIPAA) please review our Privacy/HIPAA page.
B. E-Mail Security and Use.
1. If you send WH an e-mail through use of any of the e-mail links on this Site, the e-mail may be shared with a WH customer service representative or employee, provider, agent or contractor that is best suited to address your inquiry. Once we have responded to your e-mail, it may be archived or discarded, depending on the nature of your inquiry. Your e-mail address will not be retained for secondary purposes.
2. The e-mail functionality of this Site does not provide complete confidentiality or security. For that reason, please do not use e-mail to communicate information to WH which you may consider to be confidential. You may instead contact WH via telephone at the customer service telephone number located on your identification card or through the US Postal Service (USPS) using the addresses found on the Contact page of this website.
C. Use of Cookies. Cookies are pieces of information that an Internet Site transfers to an individual's hard drive for record-keeping purposes. WH does not currently use cookies.
IV. GOVERNING LAW AND VENUE
1. These Terms of Use and Conditions will be governed and construed in accordance with the laws of the State of South Dakota, without reference to its choice of law rules. By accessing, viewing or using the information on this Site, you consent to the jurisdiction of the federal courts and state courts presiding in Pennington County, South Dakota, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is operated and controlled by WH from its offices in the State of South Dakota. WH makes no representation that the information in this Site is appropriate or available for use in other locations, and access to them from territories where the contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.
2. These Terms of Use and Conditions constitute the entire agreement between you and WH with regards to the use of this Site. If any part of these Terms of Use and Conditions is held to be invalid or unenforceable for any reason, the remaining parts shall remain in full force and effect. You acknowledge that by WH providing you access to this Site, WH has relied on your agreement to be legally bound by these Terms of Use and Conditions, and all applicable State of South Dakota and federal government and agency laws and regulations.
BY USING THIS SITE, YOU SIGNIFY YOUR AGREEMENT WITH THESE TERMS OF USE AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND CONDITIONS, PLEASE DO NOT USE THIS SITE. WH RESERVES THE RIGHT, AT WH'S DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS OF USE AND CONDITIONS AT ANY TIME. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS OF USE AND CONDITIONS MEAN THAT YOU ACCEPT THOSE CHANGES.
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