This End User License Agreement ("EULA") constitutes a legal agreement by and between you and Health Net, Inc., its subsidiaries and affiliates (collectively, the "Company", "us", "we" or "our"). The following terms and conditions, together with any documents expressly incorporated by reference (collectively, these "Terms of Use"), govern your access to and use of the Company's mobile application, including any content, functionality and services offered on or through such application (the "Application"), whether as a guest or a registered user.

Please read these Terms of Use carefully before you start using the Application. By using the Application, you accept and agree to be bound and abide by these Terms of Use and our Privacy Statement, incorporated herein by reference. If you do not want to agree to these Terms of Use or the PrivacyStatement, you must not access or use the Application.

This Application is offered and available to users who reside in the United States or any of its territories or possessions. By using this Application, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements.

We may amend and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Application thereafter. Your continued use of the Application following the posting of revised Terms of Use means that you accept and agree to the changes. You agree that you will review the Terms of Use periodically so you are aware of any changes, as they are binding on you. If you object to any such changes, your sole recourse shall be to cease using the Application. From time to time, we may restrict access to some parts of the Application, or the entire Application, to users, including registered users.

We reserve the right to change, add or delete the Application, and any service or material we provide on the Application, or discontinue offering the Application in its entirety, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period.

Limited Listing of Physicians / No Endorsement
The Application provides a search tool designed to locate the physicians and facilities participating in your health plan's network. It will find participating physicians and facilities within a certain distance of your current location (or the Zip Code entered by you) and list them based on proximity to your current location. This Application may not identify every physician or facility in your network and is not an endorsement of any particular physician or facility or a particular health professional's suitability for your needs. For more information, please visit Health Net mobile help.

Technical Requirements
Use of the Application requires Internet access through your mobile device. Obtaining and maintaining the equipment and services necessary to use the Application is your responsibility. The Company is not responsible for equipment defects, lack of service, dropped calls, or other issues arising from third party services or equipment. You are responsible for all mobile carrier charges resulting from your use of the Application, including from any notifications provided by the Application. We do not guarantee that the Application will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use the Application, and some features and portions of the Application (including, but not limited to, making, modifying, or canceling reservations) may not be accessible with JavaScript disabled.

Accessing the Application and Account Security
To access the Application or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Application that all the information you provide on the Application is correct, current and complete. You agree that all information you provide through this Application, including but not limited to through the use of any interactive features on the Application, is governed by our Privacy Statement, and you consent to all actions we take or that third parties take with respect to your information consistent with our Privacy Statement.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Application or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Ownership, License and Restrictions
The Application and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Subject to these Terms of Use, we grant you a non-exclusive, non-transferable, revocable limited license to use this Application, in object form only, only for your personal non-commercial use on the mobile device that you own or control solely to support your permitted use of the services thereon. Any and all other uses are prohibited. No license, right, or interest in any trademarks of the Company or any third party is granted under these Terms of Use. You agree not to (and not to allow any third party to): (1) use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Application, except as expressly authorized by the Company; (2) take any action that imposes or may impose (in the Company's sole determination) an unreasonable or a disproportionately large load on the Application or the Company's infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Application; (4) rent, lease, copy, provide access to or sublicense any portion of the Application content to a third party; (5) use any portion of the Application content to provide, or incorporate any portion of the Application content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Application, except to the extent expressly permitted by applicable law (and then only upon advance notice to the Company); (7) modify any Application content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Application content; (9) use the Application content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Application content or access or use the Application content for competitive analysis or benchmarking purposes.

The Company name, the term "Health Net", the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Application are the trademarks of their respective owners.

User Contributions
The Application may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Application.

Any such User Contributions must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice, purposeful overcharging or false advertising. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Contributions. We reserve the right (but have no obligation) to monitor, remove, or edit User Contributions in our sole discretion, including if User Contributions violate the Terms of Use, but you acknowledge that we may not regularly review submitted User Contributions. If you do submit User Contributions, and unless we indicate otherwise, you grant us a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Contributions throughout the world in any media. We take no responsibility and assumes no liability for any User Contributions submitted by you or any other user or third party.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Application. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Application.

Links from the Application
If the Application contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Application, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.

Information About You and Your Visits to the Application
All information we collect on this Application is subject to our Privacy Statement. By using the Application, you consent to all actions taken by us or our third party service providers with respect to your information in compliance with the Privacy Statement.

Payment Services
Some users may have access to other payment functions of other companies through links on the Application. These links / API integrations will initiate a payment or request by pre-populating some information (such as email address, phone number, amount or notes) as part of payments completed on a third party payment system, similar to an email "mailto" link. You agree to abide by the terms of service of any payment service linked to by the Company, and you agree that the Company is in no way responsible or liable for transactions and service provided by a third party linked to from the Application.

Geographic Restrictions / Export Control
The owner of the Application is based in the United States. We provide this Application for use only by persons located in the United States. We make no claims that the Application or any of its content is accessible or appropriate outside of the United States. Access to the Application may not be legal by certain persons or in certain countries. If you access the Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

You may not use, export, or re-export the Application (or any copy or adaptation of the foregoing) in violation of applicable law, including, without limitation, United States and foreign export laws and regulations. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Termination
We may suspend your ability to use all or any element of the Application or may terminate this EULA effective immediately, without notice or explanation and for any or no reason. Without limiting the foregoing, we may suspend your access to the Application if we believe you to be in violation of any part of the Terms of Use. After any suspension or termination, you may or may not be granted permission to use the Application or re-establish an Account. You agree that the Company shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Application at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which the Company will have no liability whatsoever.

Disclaimer of Warranty
THE APPLICATION MAY NOT PROVIDE AN EXHAUSTIVE LIST OF EVERY DOCTOR OR FACILITY (PROVIDER) IN YOUR NETWORK, AND MAY NOT BE AVAILABLE FOR ALL COMPANY HEALTH PLANS. YOUR USE OF THE APPLICATION, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION IS AT YOUR OWN RISK. THE APPLICATION AND THE INFORMATION YOU ACCESS THROUGH THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES RELATED TO THE APPLICATION INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES FOR MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APPLICATION, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APPLICATION IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS OR THAT THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY CANNOT AND DOES NOT WARRANT AGAINST HUMAN, SERVICES AND MACHINE ERRORS, OMISSION, DELAYS, FAILURES, INTERRUPTIONS OR LOSSES. NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability
UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF ITS AND THEIR OFFICERS, DIRECTORS, AGENTS, PARTNERS AND EMPLOYEES, OR THE COMPANY'S LICENSORS OR VENDORS BE LIABLE FOR ANY HARM YOU SUFFER AS A RESULT OF YOUR USE OF, OR RELIANCE ON, THIS APPLICATION OR ANY INFORMATION PROVIDED BY THE APPLICATION OR ANY MEDICAL SERVICES OR ADVICE YOU RECEIVE FROM THE PROVIDER YOU SELECT, NOR WILL ANY SUCH PERSONS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR MEDICAL MALPRACTICE, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER PERSONAL INJURY, EMOTIONAL DISTRESS, LOSS OF GOODWILL OR COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE APPLICATION, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR USE OF THE APPLICATION IS AT YOUR OWN RISK. THE COMPANY CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY OF LIABILITY FOR ANY INFORMATION YOU SUBMIT, OR YOUR OR THIRD PARTIES' USE OR MISUSE OF INFORMATION TRANSMITTED OR RECEIVED USING THE APPLICATION. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Third Party Statements and Opinions
Any statements and/or opinions that may be expressed in third party materials posted on the Application, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Location Data
In order for the Application to function properly, the Company, the manufacturer of the mobile device, telecommunication or application providers and their partners may collect, maintain, process and use your location data, including the real-time geographic location of your mobile device. By using or activating any location-based services on your mobile device, you agree and consent to the Company's and such parties' collection, maintenance, processing and use of your location data. The Company does not collect location data in a form that personally identifies you. The information the Company collects includes current location or zip code and health plan type.

You may discontinue our access to your location data by turning off the phone's GPS (location-based) feature on your mobile device or by not using the application location-based features. Turning off or not using these features will impact the functionality of the Application. Location data provided by the Application is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to harm of any kind including death, personal injury, property or environmental damage. Use of real time route guidance is at your sole risk. Location data may not be accurate. Neither the Company, nor its partner or service providers guarantee the availability, accuracy, completeness, reliability or timeliness of information or location displayed by the Application.

The Application will store information on the mobile device pertaining to your use of the Application. This information may be accessed by others who use your mobile device.

Choice of Laws, Jurisdiction, Entire Agreement
By using the Application, you expressly agree that these Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. You further expressly agree that exclusive jurisdiction for any dispute with the Company in any way relating to your use of this Application is in the federal or state courts of Los Angeles County, California, and you agree and expressly consent to the exercise of personal jurisdiction in state or federal court in Los Angeles County, California in connection with any such dispute including any claim involving the Company or its affiliates or content providers. If any provision of this agreement is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein. As a user of the Application, you agree to contact us prior to seeking legal recourse for any harm you believe our Application has caused you, and you agree to inform us and to give us (30) days to cure the harm before initiating any action. You also agree that you must initiate any cause of action within one (1) year after the claim has arisen, or you will be barred from pursuing any cause of action.

Waiver
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Indemnity
You will defend, indemnify and hold the Company, and its affiliates and subsidiaries, and each of its and their officers, directors, agents, partners and employees, and the Company's, licensors and vendors, harmless from and against any claims, actions or demands, liabilities and settlements including without limitations, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use, whether by act, omission or negligence, including, but not limited, to any claims involving data loss, security breaches, intellectual property, trademarks or copyrights, or your use of the Application, including, but not limited to, your User Contributions, any use of the Application's content, services and products.

Contact Us
If you have any questions regarding your health plan, please contact the Health Net Customer Care at the number found on the back of your Health Net ID card.

For information on how to use this application, please visit Health Net mobile help.