This Terms and Conditions of Use Agreement ("Agreement") is a
legal agreement between you and Health Net, Inc. ("Health Net" or
"we") governing your use of this Web site (the "site"). YOUR USE OF
THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
BY ACCESSING, USING AND/OR VIEWING OUR SITE, YOU HEREBY AGREE TO BE
BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE
TERMS AND CONDITIONS, YOU MUST EXIT THIS SITE. PLEASE NOTE THAT
CHILDREN UNDER THE AGE OF THIRTEEN (13) ARE PROHIBITED FROM USING
ANY HEALTH NET SITE, INCLUDING THE TEEN HEALTH SITE. We may revise
the information on the site or otherwise change or update the site,
including this Agreement. If we make changes to this Agreement, we
will use reasonable efforts to post such changes before they become
effective and to specify the date they will become effective. In the
absence of any specific date being provided, the changes are
effective immediately. A current version of this Agreement showing
the effective date is always available at this location. We
encourage you to periodically read this Agreement to see if there
have been any changes to our policies that may affect you. Health
Net may also make improvements and/or changes in products and/or
services described on this site or add new features at any time
without notice. Your continued use of the site will signify your
continued agreement to this Agreement as it may be revised. WEBSITE
ACCESS; PROHIBITED ACTIVITIES. Provided that you are not under the
age of thirteen (13), we hereby grant you a personal, non-exclusive,
non-transferable, revocable license to access our site and the
information contained within the site. Users under the age of
thirteen (13) are prohibited from using the site. The site contains
software tools and databases that allow you to search and retrieve
information. You may not gain unauthorized access to the site, to
other users' accounts, names or personally identifiable information,
or to other computers or websites connected or linked to the site.
You may not send or otherwise transmit to or through this site chain
letters, unsolicited messages, so-called "spamming" or "phishing"
messages, or messages marketing or advertising goods and services.
You may use our services for lawful purposes only. You may not
use our services to post, transmit or otherwise distribute unlawful
material. Examples of unlawful material include, but are not limited
to, threats of physical harm, defamatory statements, pornographic
material, and copyrighted, trademarked, and other proprietary
material used without proper authorization. You may not post,
transmit or otherwise make available any virus, worm, spyware or any
other computer code, file or program that may or is intended to
damage or hijack the operation of any hardware, software or
telecommunications equipment. You may not "flood" or disrupt our
site through any means or process such as launching or using any
automated system, including but not limited to, "robots," "spiders,"
or "offline readers." You may not misrepresent your identity or
affiliation in any way. You may not restrict, discourage or inhibit
any person from using the site, disclose personal information on the
site or obtained from the site or collect information about users of
this site. You may not reverse engineer, disassemble or decompile
any section or technology on the site, or attempt to do any of the
foregoing. You are responsible for all use of our services and the
site, with or without your consent, by yourself and others, which
occurs by, through, or in connection with access to the site via
your computer. REGISTRATION. You are not obligated to register with
Health Net in order to access this site. However, certain sections
and features of this site are available only to Health Net members,
brokers, providers and employers ("Registered Users"). If you are a
Registered User, you agree to accurately maintain and update any
information about yourself that you have provided to Health Net. You
also agree to promptly notify us of any unauthorized use of your
username, password or any other breach of security that you become
aware of involving or relating to this site. NO FEES FOR THIS SITE.
Health Net does not charge you any fees for using its site, but you
may incur charges from your online service provider and/or telephone
or cable companies. ELECTRONIC DOCUMENT DELIVERY. Some members may
elect to enroll in Health Net's electronic document delivery
program. By enrolling, you consent to receive electronic delivery
via www.healthnet.com, and to stop U.S. mail delivery of the paper
versions of documents you select for electronic delivery. Your
consent, when issued electronically by use of your personal
information or passwords, bears the same legal authority as your
written signature and is binding by law. You agree that you have
full authority to accept the terms of this "Electronic Document
Delivery" section on behalf of each beneficiary on your plan. You
also agree that each beneficiary has full authority to act
individually in all matters relating to this online service. You may
still obtain a paper copy of any important member document listed
above, at no charge, by contacting Health Net at the number listed
on your member ID card. In addition, you may download/print a copy
of any of these documents online by logging on to your account on
www.healthnet.com. The time it takes to process your change from
U.S. mail delivery to electronic document delivery varies depending
on the documents you select, as does the amount of time the document
is available on the site.
Explanation of Benefit's (EOB's). When you select these
documents, we will reflect the change to electronic delivery within
48 hours on average, although it could take longer for U.S. mail
deliveries already in progress to stop. As your EOB documents become
available, notifications will be sent to your email address and they
will remain on our site for up to 7 years. Evidence of Coverage
(EOC's). When you select these documents, we will reflect the change
to electronic delivery within 48 hours on average, although it could
take longer for U.S. mail deliveries already in progress to stop. As
your EOC documents become available, notifications will be sent to
your email address and they will remain on our site for up to 7
years. Medicare Annual Notice of Change Materials (ANOC's). When you
select these documents, we will reflect the change to electronic
delivery within 48 hours on average, although it could take longer
for U.S. mail deliveries already in progress to stop. As your ANOC
documents become available, notifications will be sent to your email
address and they will remain on our site for up to 7 years. Medicare
Post Enrollment Materials. When you select these documents, we will
reflect the change to electronic delivery within 48 hours on
average, although it could take longer for U.S. mail deliveries
already in progress to stop. As your Post Enrollment documents
become available, notifications will be sent to your email address
and they will remain on our site for up to 7 years. All Future
Available Online Documents. When you select this option, we will
notify you via email as new document types become available for
electronic document delivery.
Please note: Not all document types listed above may apply to
your respective plan. You must maintain a valid email address with
Health Net as a condition of participating in our electronic
document delivery program. Health Net will send an email to the
address you've provided, to notify you when a new document is
available on our site and indicate the category of document. The
email will provide a link to a login page on our site's secure
member portal. After you log in, your specific document(s) will be
displayed. If we are unable to notify you via email when a document
becomes available due to a bad and/or cancelled email account, we
will attempt to contact you to update your email address. If we are
unable to make contact with you, we will revert your Document
Delivery Preferences back to U.S. mail delivery for all document
types, and send a letter notifying you of the change. You can log
into www.healthnet.com and update your email address and document
delivery preferences at any time. Depending on your specific plan,
some exceptions to electronic document delivery may apply. For
example, all Health Net State Health Plan Members are unable to
participate at this time. Members will continue to receive hard
copies of any material that are currently unavailable in electronic
form and/or if for any reason the electronic delivery process is
unavailable for certain Health Net plans. You may cancel electronic
document delivery for any category of documents at any time, by
clicking the Change Document Delivery Preferences link and changing
your document delivery choice to Mail (USPS) or by calling Health
Net. You may also cancel all electronic delivery services and revoke
your agreement to the terms of this "Electronic Document Delivery"
section, by clicking the Change Document Delivery Preferences link
and changing all your document delivery choices to Mail (USPS) or
contact us. Your cancellation will be effective within a reasonable
period of time after we receive it. Health Net may discontinue the
electronic document delivery services we offer on this site. You
understand that if you enroll in electronic document delivery your
consent to the terms of this "Electronic Document Delivery" section
will be effectively indefinitely, until you cancel electronic
document delivery or it is cancelled by us. USER SUBMISSIONS. Health
Net may offer users certain interactive features through the site
from time to time. Interactive features may include the submission
of commentary, feedback or other communications or materials by you
and other users ("User Submissions"). Any personal information you
submit to our site is governed by Health Net's Privacy Policy. This
includes information on your rights to see and receive copies of
your personal health information. To deactivate your
www.healthnet.com account, please contact us. You agree, represent
and warrant that any User Submission is a) truthful, accurate, and
not misleading, b) offered in good faith, and c) that you have the
right to transmit such information. Subject to the limitations of
Health Net's privacy policy, you hereby grant to Health Net a
perpetual, irrevocable, royalty-free, transferable right and license
to use, copy, display, distribute, modify, and create derivative
works based upon any content you submit, including the right to
incorporate the content into any form, medium or technology
throughout the world without compensation to you. You further
voluntarily waive any "moral rights" you may have in such content.
Should you provide your email address in connection with your
User Submission, you agree that Health Net and its third party
service providers may use your email address to contact you about
the content and for other administrative purposes. Members may use
this site to view certain information from their Health Net history
("Health Net History") including, but not limited to, their medical
claim history and prescription drug history (their "Personal Health
Record"). Members may also populate their Personal Health Record by
directly entering information into their Personal Health Record. If
you think that the information included in your Personal Health
Record that came from your Health Net History is inaccurate, you may
contact Health Net using the customer service number listed on the
back of your member ID card. Otherwise, Members may add, edit or
delete portions of their Personal Health Record by accessing that
particular section of their Personal Health Record and selecting to
add a new entry, edit an existing entry or delete an existing entry
or claim.
COPYRIGHT, TRADEMARKS & TRADE DRESS. All content included
on the site, including but not limited to, any text, graphics and
interactive features and any trademarks, service marks and logos
contained therein (collectively "Materials") are owned by or
licensed to Health Net, subject to copyright, trademark and other
intellectual property rights under United States and foreign laws
and international conventions. WebMD®, Health Dialog and
Paradigm are registered trademarks/service marks of their respective
owners and used on this site with permission. Health Net® and
Decision Power are registered service marks of Health Net, Inc. and
all rights are reserved. No Materials from the site may be copied,
reproduced, republished, uploaded, posted, transmitted, or
distributed in any way without written permission of the rights
owner, except that you may use information purposely made available
by Heath Net for downloading from this Site, provided that you (1)
keep intact all copyright and other proprietary notices, (2) use
such information only for your personal, non-commercial
informational purpose and do not copy or post such information on
any networked computer or broadcast it in any media, (3) make no
modifications to any such information, and (4) do not make any
additional representations or warranties relating to such
information. You agree not to circumvent, disable, or otherwise
interfere with security related features of this Site or features
that prevent or restrict use or copying of any Materials or content.
Modification of any Materials or use of any Materials for any
other purpose is a violation of the copyrights and other proprietary
rights of Health Net, or of other entities or persons where so
indicated, unless Health Net or the owner has provided said Material
for such express purpose. Permission for all other uses of Materials
contained herein, including reproducing and distributing multiple
copies or using Materials on any other website or networked computer
or linking to any page at this site except the "home page"
(https://www.healthnet.com), must be obtained from Health Net or the
appropriate rights owner in advance; otherwise, such use is
prohibited. Requests for such authorization from Health Net should
be submitted via an email to WCOE@healthnet.com. All design rights,
databases and compilation and other intellectual property rights
associated with this Site, in each case whether registered or
unregistered, and related goodwill, are proprietary to Health Net.
THIRD PARTY CONTENT/LINKS. As you view the site, you may
notice links to third-party websites. These links are for
convenience only. If you use these links, you will leave this site.
Certain of these linked websites may make use of Health Net
proprietary intellectual property rights (such as copyrights,
trademarks, service marks, logos and trade names) under license from
Health Net. Health Net is not responsible for the availability or
content of these other websites or for any viruses or other damaging
elements encountered in linking to a third-party website. In
addition, providing links to these websites should not be
interpreted as endorsement or approval by Health Net of the
organizations sponsoring such third-party websites or their products
or services. This Agreement does not apply to any other websites.
Members may have access to Decision PowerSM through their current
enrollment with any of the following Health Net companies: Health
Net of Arizona, Inc.; Health Net of California, Inc.; Health Net of
Connecticut, Inc.; Health Net of New Jersey, Inc.; Health Net of New
York, Inc.; Health Net Health Plan of Oregon, Inc.; Health Net
Insurance of New York, Inc.; Health Net Life Insurance Company. In
Arizona, benefits are underwritten and/or administered by Health Net
of Arizona, Inc., for HMO plans and Health Net Life Insurance
Company for indemnity plans and life insurance coverage. The Health
Net of Arizona, Inc. service area includes all Arizona counties.
Health Net, Inc., is the parent company of both Health Net of
Arizona, Inc., and Health Net Life Insurance Company.
Decision Power is not part of Health Net's commercial medical
benefit plans nor affiliated with Health Net's provider network and
it may be revised or withdrawn without notice. Decision Power is
part of Health Net's Medicare Advantage benefit plans but is not
affiliated with Health Net's provider network. Decision Power
services, including Health Coaches, are additional resources that
Health Net makes available to enrollees of the above listed Health
Net companies.
PRIVACY. Privacy and security are a very important part of the
healthnet.com user experience. Health Net is required to follow
Health Insurance Portability and Accountability Act (HIPAA)
regulations for the use and disclosure of Protected Health
Information (PHI). For more information, please review our Privacy
Policy to understand our practices regarding your privacy in
connection with our online services. DISCLAIMER. Our site contains
various types of information originating from ourselves or third
parties, including outside vendors that provide health-related
information or goods and services. The site provides information
about health issues designed to help users make better decisions.
But medical information is not the same as medical advice. Although
we go to great lengths to make sure our information is accurate and
useful, we urge you to consult a physician if you want professional
assurance that our information, and your interpretation of our
information, is appropriate to your particular situation. AS THE
USER OF THIS SITE, YOU ASSUME FULL RISK AND RESPONSIBILITY FOR ANY
AND ALL USE OF THIS SITE, INCLUDING THE INFORMATION PRESENTED ON THE
SITE. THE SITE IS INTENDED TO BE A GENERAL INFORMATION RESOURCE ONLY
AND DOES NOT CONSTITUTE MEDICAL ADVICE AND IS NOT A SUBSTITUTE FOR
PROFESSIONAL MEDICAL ADVICE OR TREATMENT. YOU ARE RESPONSIBLE FOR
SEEKING PROFESSIONAL MEDICAL ADVICE IF YOU HAVE ANY QUESTIONS ABOUT
YOUR HEALTH OR A HEALTH CONDITION. YOU AGREE TO HOLD HEALTH NET AND
ITS AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS RELATING TO YOUR USE
OF, YOUR RELIANCE UPON, OR ERRORS OR OMISSIONS IN, INFORMATION FOUND
ON THIS SITE. THE SERVICES, INFORMATION AND FUNCTIONS CONTAINED ON
OUR SITE 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, CONCERNING OUR SERVICES OR THE ADEQUACY, ACCURACY OR
COMPLETENESS OF THE INFORMATION OR SERVICES INCLUDED ON OUR SITE,
THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE
EXPRESSLY DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS FROM
SERVICES, INFORMATION, OR MATERIALS, INCLUDING HEALTH-RECORD
HISTORIES, PRESCRIPTION AND NONPRESCRIPTION DRUG PURCHASE HISTORIES,
OR PRESCRIPTION REFILL INFORMATION. WE ARE NOT RESPONSIBLE FOR THE
CONTENT OF ANY LINKED WEBSITE OR ANY LINK CONTAINED IN A LINKED
WEBSITE, EXCEPT TO THE EXTENT THAT SUCH WEBSITE OR LINK IS OWNED AND
OPERATED BY HEALTH NET OR ITS AFFILIATE(S).
LIMITATION OF LIABILITY. Use of our services is at your own
risk. With regard to outside vendors and information providers, we
do not endorse, or otherwise recommend or approve any product or
information located on or available through our site. We do not own
or control other networks, sites, or hyperlinked sites outside of
our own site, including the outside vendors accessed through our
site. We have made reasonable efforts to validate that our lists of
providers displayed are up to date and accurate. Please call the
provider prior to scheduling an appointment to verify that the
provider continues to be part of our network. We are not liable for
any losses, damages, or non-covered charges as a result of using the
provider locator tool or receiving care from a provider listed on
our site. WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY HARM
TO YOU OR OTHERS RESULTING FROM THE USE OF OUR SITE AND/OR THE
PRODUCTS AND SERVICES PROVIDED THROUGH OUR SITE. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR
ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT,
CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF
REVENUE, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY
OTHER PECUNIARY LOSS, LOSS OF TECHNOLOGY, LOSS OF RIGHTS OR
SERVICES, LOSS OF DATA, INTERRUPTION OR LOSS OF USE OF ANY
EQUIPMENT, MENTAL ANGUISH, EMOTIONAL DISTRESS, OR INVASION OF
PRIVACY, ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITE
AND/OR THE PRODUCTS AND SERVICES PROVIDED THROUGH OUR SITE, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER
UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY, OR OTHERWISE. WE ARE NOT RESPONSIBLE OR LIABLE FOR THE
ACTS OR OMISSIONS OF OUTSIDE VENDORS OR INFORMATION PROVIDERS, OR
FOR PERFORMANCE (OR NON-PERFORMANCE) WITHIN OUTSIDE NETWORKS OR
INTERCONNECTION POINTS BETWEEN OUR SITE AND OTHER NETWORKS AND/OR
SITES THAT ARE OPERATED BY THIRD PARTIES. WE ALSO MAKE NO
REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE
INFORMATION FROM OR THROUGH OUR SITE, AND YOU AGREE AND ACKNOWLEDGE
THAT AT TIMES YOUR ABILITY TO ACCESS OUR SITE MAY BE IMPAIRED OR
DISRUPTED. ALTHOUGH WE WILL USE COMMERCIALLY REASONABLE EFFORTS TO
TAKE ANY ACTION WE CONSIDER APPROPRIATE TO REMEDY AND AVOID SUCH
EVENTS, WE CANNOT GUARANTEE THAT THEY WILL NOT OCCUR, AND
ACCORDINGLY WE DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR
RELATED TO SUCH EVENTS. WE ARE NOT LIABLE FOR ANY FAILURE OR DELAY
IN OUR PERFORMANCE DUE TO ANY CAUSE BEYOND OUR REASONABLE CONTROL,
INCLUDING ACTS OF WAR, ACTS OF GOD, EARTHQUAKE, FLOOD, EMBARGO,
RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT OR
FAILURE OF THE INTERNET.
INDEMNIFICATION. You agree to defend, indemnify and hold
Health Net and its directors, officers, employees, agents,
affiliates and successors harmless from and against any and all
claims, demands, liabilities, judgments, losses, damages, costs,
fees and expenses (including but not limited to reasonable
attorneys' fees) arising from or relating to your use of the site or
your acts or omissions, including but not limited to (1)
infringement or misappropriation of any intellectual property
rights, (2) defamation, libel, slander, obscenity, pornography, or
violation of the rights of privacy or publicity, (3) spamming, or
any other offensive, harassing or illegal conduct or violation of
this Agreement, or (4) any damage or destruction to our site, to us,
or to other persons or parties.
TERMINATION AND INVESTIGATION. Health Net may terminate the
license granted to you under the above " Website Access; Prohibited
Activities" section at any time if you are in breach of this
Agreement. The license will terminate immediately without notice
from Health Net if, in Health Net's sole discretion, you fail to
comply with any term or provision of this Agreement. Upon such
termination, you may not access, use, or view the site. Health Net
expressly reserves the right, in its sole discretion, to terminate a
Registered User's www.healthnet.com account due to any act that
would constitute a violation of this Agreement. We reserve the right
to investigate suspected violations of this Agreement. If we become
aware of possible violations, we may initiate an investigation that
may include gathering information from you or any user involved and
the complaining party, if any, and examination of other material. We
may suspend the provision of our services temporarily, or we may
permanently remove the material involved from our servers, provide
warnings to you, or suspend or terminate your access to our
services. We will determine what action will be taken in response to
a violation on a case-by-case basis, and at our sole discretion. We
will fully cooperate with law enforcement authorities in
investigating suspected lawbreakers. BREACH. You hereby acknowledge
that your breach of this Agreement may result in immediate and
irreparable harm to Health Net, for which there will be no adequate
remedy at law, and that Health Net shall be entitled to equitable
relief to compel you to cease and desist all unauthorized use,
evaluation and/or disclosure of information obtained through the
site. Your breach of this Agreement may also entitle Health Net to
bring an action against you for any and all other remedies available
at law or in equity. JURISDICTION. We operate and control our site
from our location in California, United States of America. We make
no representation that any information, materials or functions
included on or through our site are appropriate for use in any other
jurisdiction. If you choose to access our site from locations other
than California, you do so on your own initiative and are
responsible for compliance with applicable laws and regulations.
This Agreement, and the rights and obligations of you and Health Net
hereunder, shall be governed by, and construed in accordance with,
the laws of the State of California and the guidelines created by
the Centers for Medicare and Medicaid Services (CMS). You further
agree that any legal action or proceeding between you and Health Net
arising out of or relating to this Agreement or your use of the site
shall be brought exclusively in a federal or state court of
competent jurisdiction sitting in Los Angeles, California, and you
hereby expressly and irrevocably consent to the jurisdiction and
venue of such courts. NO WAIVER; SEVERABILITY. A waiver of any
breach of any provision of this Agreement shall not be deemed to be
a waiver of any repetition of such breach or in any manner affect
any other terms or conditions of this Agreement. In the event that
any provision of this Agreement is held to be unenforceable, it will
not affect the validity or enforceability of the remaining
provisions and will be replaced by an enforceable provision that is
the closest to the intention underlying the unenforceable provision.
ASSIGNABILITY. We may assign our rights and delegate our duties
under this Agreement either in whole or in part at any time, at 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 anyone else. RELATIONSHIP.
This Agreement does not establish any relationship of partnership,
joint venture, employment, franchise or agency between you and us.
Thank you for taking the time to review this Agreement. We look
forward to providing services to you.