TERMS & CONDITIONS FOR CUSTOMERS

Transcription

1 TERMS & CONDITIONS FOR CUSTOMERS Set forth below are the Terms and Conditions that govern your use of the web site (the "Web Site"). These Terms and Conditions describe your rights and obligations with respect to the Web Site and should be read carefully. By logging onto the Web Site, you confirm that you have read these Terms and Conditions, and you agree to be bound by them. The Chesapeake Life Insurance Company (the "Company") may amend these Terms and Conditions at any time by posting the amended version on this Web Site. The amended Terms and Conditions will automatically become effective 10 days after they are first posted on the Web Site. Your continued use of the Web Site will evidence your acceptance of the amended Terms and Conditions. Use of the Web Site 1. To be eligible to use the Web Site, you must be an insured who is covered by a supplemental insurance plan underwritten by the Company (a "Customer"). In these Terms and Conditions, such a supplemental insurance plan is referred to as a "Plan." 2. As a Customer, you will be permitted to make various uses of the Web Site including, but not limited to, the following: i. review your Customer Account profile and information regarding benefits and coverage under your Plan by accessing your personal home page, ii. track claims status, view a summary of claims or a specific claim, iii. search for dental and vision providers if you have respective plans, iv. review and update communication preferences, and v. correspond with customer care representatives through messaging. The Company reserves the right, in its discretion, to change or eliminate any of these uses of the Web Site at any time without notice, for any reason. 3. A Customer is authorized to use the Web Site only for his or her own use or for the use of a dependent covered under the Customer's Plan. A Customer may not act on behalf of a third party or allow a third party to have access to his or her Web Site password. 4. The Company reserves the right, in its discretion, to terminate your access to the Web Site at any time without notice, for any reason. Services Rendered by Dental and Vision Providers Listed on or accessed through the Web Site 1. Prior to receiving any services from a Provider listed on the Web Site, a Customer should contact the Provider to obtain the cost of these services and verify that the Provider offers these services. Customers should also refer to their Plan to determine their responsibility for such costs. The cost of any services performed by a Provider will be based on the prices in effect for that Provider or facility on the date services are performed. The price applicable to a particular service by a Provider or facility may, at the time the service is performed, be higher or lower than the price that was in effect at the time the Customer obtained the Provider's prices. IT IS THE CUSTOMER'S RESPONSIBILITY TO DETERMINE WHAT PRICES ARE IN EFFECT FOR THE CHOSEN PROVIDER FOR THE PARTICULAR SERVICES ON THE DATE THE SERVICES ARE PERFORMED. 2. ALTHOUGH A CUSTOMER MAY LOOK AT A SPECIFIC SERVICE OR GROUP OF SERVICES WHEN HE OR SHE VIEWS INFORMATION ON THE WEB SITE, THE ULTIMATE DECISION AS TO WHICH SPECIFIC SERVICES ARE MEDICALLY APPROPRIATE WILL BE DETERMINED BY THE CHOSEN PROVIDER BASED ON THAT H PROVIDER'S JUDGMENT, SUBJECT TO THE CUSTOMER'S CONSENT, AFTER AN IN-PERSON CONSULTATION BETWEEN THE PROVIDER AND THE CUSTOMER. ACCORDINGLY, THE SERVICES ACTUALLY PERFORMED BY THE PROVIDER CHOSEN BY A CUSTOMER IN MANY CASES WILL BE DIFFERENT THAN, AND POSSIBLY MORE EXTENSIVE THAN, THE SPECIFIC SERVICES ORIGINALLY EXAMINED BY THE CUSTOMER ON THE WEB SITE. IT IS THE RESPONSIBILITY OF THE CUSTOMER TO

2 UNDERSTAND THE NATURE OF THE SERVICES THAT ARE RECOMMENDED BY THE PROVIDER - FROM BOTH A MEDICAL AND A COST PERSPECTIVE. Information Regarding Plans and Benefits The information contained on the Web Site regarding Plans and benefits presents only general information and is not a complete description of the Plans or the coverage or benefits available under such Plans or which may be required by the state where your policy is issued. The specific coverage and benefits available under your Plan are set forth in and subject to your Policy. This Policy, and not the information contained on the Web Site, defines your rights as a Customer. The Company and its parents, subsidiaries and affiliates do not endorse, recommend or otherwise provide advice regarding the appropriateness of a Plan for a particular individual. The Company's Role in Administering the Web Site 1. The Company has no role whatsoever in a Provider's performance of services for a Customer. Therefore, if a Customer has any questions regarding the services that he or she plans to receive, or complaints about services already received, the Customer must direct those questions and complaints to the Provider involved. 2. The Company is not an agent for Providers for any purpose. The Company does not sponsor or endorse any Providers and does not act as a dealer, middleman, retailer, merchant, supplier or distributor with respect to any transactions between its Customers and Providers listed on the Web Site. 3. The information displayed on the Web Site regarding Providers listed on the Web Site was given to us by the Providers or an entity representing them. This information has not been verified in any way. You agree that it is your responsibility to review your Provider's credentials, experience, history and ability to provide appropriate services to you. 4. YOU ACKNOWLEDGE THAT THE COMPANY IS NOT ENGAGED IN THE PRACTICE OF MEDICINE IN ANY MANNER BY VIRTUE OF ITS OPERATION OF THE WEB SITE. THE INFORMATION PROVIDED ON OUR WEB SITE IS PRESENTED SOLELY FOR EDUCATIONAL PURPOSES TO ASSIST CUSTOMERS IN THEIR EFFORTS TO LEARN MORE ABOUT PROVIDERS AND TO MANAGE THEIR BENEFITS EFFICIENTLY. INFORMATION POSTED ON THE WEB SITE IS NOT INTENDED TO BE USED FOR DIAGNOSTIC PURPOSES AND DOES NOT CONSTITUTE MEDICAL ADVICE. PROVIDERS ARE SOLELY RESPONSIBLE FOR ALL SERVICES PROVIDED TO CUSTOMERS. ALWAYS SEEK THE ADVICE OF YOUR PROVIDER OR OTHER QUALIFIED PROVIDER FOR ANSWERS TO ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE WEB SITE. THE FACT THAT A CUSTOMER HAS CHOSEN A PROVIDER LISTED ON THE WEB SITE DOES NOT CHANGE IN ANY WAY THE TRADITIONAL, PROFESSIONAL RELATIONSHIP BETWEEN A PATIENT AND HIS OR HER PROVIDER. Indemnification You agree to indemnify, defend and hold harmless the Company, its parents, subsidiaries, affiliates, officers, directors, employees and agents (collectively, the "Indemnified Parties") from and against all claims, losses, damages, liabilities and judgments, and all fees and expenses related thereto (including, without limitation, reasonable legal fees) incurred by an Indemnified Party as a result of any violation by you of your agreements with us. Disclaimer of Warranties THE USE OF THE WEB SITE IS SOLELY AT YOUR OWN RISK. THE WEB SITE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEB SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

3 PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT THE WEB SITE AND/OR ANY CONTENT THEREIN WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE WEB SITE AND/OR ANY CONTENT THEREIN WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE WEB SITE IS TO CEASE USING THE WEB SITE. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: 1. THE USE OR INABILITY TO USE THE SITE, 2. THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS AFFECTED OR FAILED TO BE AFFECTED, 3. ANY LINK PROVIDED IN CONNECTION WITH THE SITE, OR 4. ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE. Prohibited Uses of Our Website You agree that you will not use the Web Site in any of the following ways: 1. You will not use our Web Site to threaten, embarrass or harass any other person or entity or to engage in any kind of disruptive activities. 2. You shall not post or transmit, either directly or by links to other sites, any information, messages, text or other material that encourages, promotes or discusses illegal activity or that may give rise to civil or criminal liability or violation of federal, state, or local laws. 3. You will not post or transmit, either directly or by links to other sites, any information, messages, text or other materials that are, in the sole judgment of the Company, abusive, defamatory, vulgar, obscene, pornographic, hateful or racially, ethnically or in any other respect objectionable. 4. Except as specifically permitted by the Terms and Conditions of our Web Site, you will not use this Web Site to advertise, offer to buy or sell any goods or services or otherwise use our Web Site for commercial purposes. 5. You will not transmit any file or other materials that contains a virus, Trojan horse, worm, corrupted file or other harmful programs, files or programming routines. 6. You will not collect or attempt to collect information of any kind about other users of our Web Site. Intellectual Property You agree to review and abide by the Company's policies regarding intellectual property rights. (Click here to view these policies). Use of Interactive Functionalities (if applicable) 1. Any interactive functionality on this Web Site is provided merely as a forum for the users of the Web Site to express their opinions concerning the Web Site and the information contained herein. All postings are not under the control of the Company and are not information or opinions of the Company. The Company does not endorse, approve, or certify

4 such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correctness of such postings. Use of any posting is voluntary, at your own risk and reliance on it should only be undertaken after an independent review. Reference in these sections to any specific Professional, facility, service, organization, or web site does not constitute or imply endorsement, recommendation or favoring by the Company. The Company is not responsible for and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information found on this Web Site. The Company makes no guarantees or warranties, including but not limited to any express or implied warranties of merchantability or fitness for a particular use or purpose. 2. Portions of this Web Site may be interactive, and it is the policy of the Company to respond expeditiously to claims of intellectual property infringement. The Company will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, the Company will act expeditiously to remove or disable access to any material claimed to be infringing. The Company will terminate access to users who are repeat infringers. 3. If you believe that a copyrighted work is accessible on this Web Site in a way that constitutes copyright infringement, you may notify us by providing us with the following information: i. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; ii. a description of the copyrighted work that you claim is infringed; iii. a description of where the material that you claim is infringing is located on the Web Site; iv. your address, telephone number, and address; v. authorized by the copyright owner, its agent, or the law; vi. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and vii. any other information that may be required by the DMCA, as Congress may viii. amend from time to time. Notices of claimed infringement should be directed to: The Chesapeake Life Insurance Company, Attn: Legal Department, 9151 Boulevard 26, North Richland Hills, Texas When the Company removes or disables access to any material claimed to be infringing, the Company may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification. Any and all counter notifications submitted by the user will be furnished to the complaining party. The Company will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before the Company replaces or restores access to any material as a result of any counter notification. Jurisdictional and Other Matters 1. You are responsible for compliance with all local laws, if and to the extent your local laws are applicable. In addition, you and the Company and any of its parents, subsidiaries, affiliates, employees, contractors, agents, officers, or directors (collectively, the "Company Parties") agree that these Terms and Conditions and any actions arising from these Terms and Conditions or your use of the Web Site will be governed by the laws of the State of Texas, without respect to its conflict of laws provisions, and applicable federal laws and regulations, and that venue with respect to any dispute between you and the Company or Company Parties will rest exclusively in the state and federal courts located in the State of Texas. 2. You understand and agree that the Company may from time to time establish and revise practices and limitations concerning its Web Site and your use of it. You agree that the Company shall have no liability for the deletion or failure to store any messages and other communications or other content maintained on the Web Site or transmitted using the Web

5 Site. These Terms and Conditions constitute the entire agreement between you and the Company with respect to the Web Site and govern your use of the Web Site. You also may be subject to additional terms and conditions that may apply when you use third party content or web sites available through the Web Site. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Web Site or these Terms and Conditions must be filed within one year after such claim or cause of action arose. The Company may provide notice to you by or regular mail. The Company may also provide notice of changes to these Terms and Conditions at any time and from time to time by displaying notices to you on pages of the Web Site. The section titles of these Terms and Conditions are merely for convenience and will not have any effect on the substantive meaning of these Terms and Conditions. Electronic Signatures and System Requirements 1. By logging onto the Web Site you signify your agreement to all of the terms and conditions to use the Web Site, and this shall have the same binding effect as it would had you signed the same agreement on paper. If you would like a paper copy of this agreement, you may obtain one by contacting: The Chesapeake Life Insurance Company, Attn: Compliance Advertising Department, 9151 Boulevard 26, North Richland Hills, Texas For optimum use of the Web Site, you may need to utilize specific web browsers.