No Medical Advice. Although iCare Health Options TPA is dedicated to serving the Health Care industry, iCare Health Options TPA is not authorized or licensed to provide, and does not engage in providing, medical advice. Nothing in the website is intended to be construed as providing medical advice by iCare Health Options TPA.
Territory and Eligibility. You may only use the website if you are located within the continental United States, and Alaska and Hawaii, and you are at least 18 years of age.
Acceptable Use. You may not use the website for anything other than a lawful and legitimate purpose. You may not use the website in any way which would violate this Agreement or the law. Regardless of the location from where the website is used or accessed, you agree to comply with all applicable laws, regulations, statutes, and ordinances in connection with the use of the website. Examples of prohibited uses, without limitation, include: (a) Violation of any person’s or entity's proprietary, publicity, privacy, or other right; (b) Use of the information obtained through or from the Website to commit fraud; (c) Misuse or disclosure of a person’s or entity's confidential or proprietary information; (d) Downloading or otherwise exporting programs or content from the website in violation of United States export laws; (e) Transmission, storage, or knowing receipt of any obscene or pornographic material or engaging in any misleading, tortious, litigious, defamatory, libelous or offensive activity; or (f) Disruption of the website or attempts to purposefully disrupt the website, through use of methods such as viruses, trojan horses, worms, time bombs, denial of service attacks, flooding, or spamming. In addition, to the extent applicable, you agree not to use, access, combine, or disclose the information available on the website in such a way that would violate the Health Insurance Portability and Accountability Act (“HIPAA”), its regulations or other applicable law.
Reporting Fraudulent Activity or Inappropriate Website Usage or Behavior. If you become aware of or suspect fraudulent or unlawful activity or any other activity which threatens the security of the Website, its content, operations or any part of it, or appears to be a misuse or unauthorized access to any confidential or medical information, you are obligated to immediately report the activity to iCare Health Options TPA. We ask that you also report to us any activity on or regarding the website which may come to your attention which is inappropriate, abusive or otherwise problematic. iCare Health Options TPA reserves the right but not the obligation to pursue actions against any such wrongdoers. To report any of the problematic or potentially problematic activity cited, please contact iCare Health Options TPA at _____________________________________.
Reporting Certain Abuses to Law Enforcement Authorities; Legal Process and Notifications. iCare Health Options TPA reserves the right to report to local, national or international law enforcement agencies abuse and violations of this Agreement, including, without limitation, those which may compromise the safety of you or other users of the website or the subjects of information sent through the website. Nothing in this Agreement shall be construed to prohibit or restrict iCare Health Options TPA from complying with any applicable laws, law enforcement requests, subpoenas, legal requirements or legal reporting obligations relating to your or another user’s use of the Website, or use of information or user information.
Disclaimers. You expressly understand and agree that any and all information and services contained on, used through, or obtained from the website are provided "as is" and on an "as available" basis. iCare Health Options TPA, its licensors and its information and service providers do not warrant that the information and services contained on, used through or obtained from the website are accurate, complete, free from bugs, defects, harmful components or errors, or that information sent will reach the intended destination or reach it in the form intended, or in the time frame required, or that the system will be accessible without interruption, or that any such defects, harmful components, errors or mis-deliveries will be corrected or removed. iCare Health Options TPA makes no, and expressly disclaims all, warranties, express or implied, including, without limitation, as to the merchantability, fitness for a particular use or purpose, non-infringement, title or any other warranty, condition, guaranty or representation, whether oral, written, or in electronic form, with respect to the content or operation of the website, including but not limited to, regarding the quality, accuracy, usefulness, timeliness, availability, operation, or completeness of any information or services provided on or made available through the website. Additional disclaimers may appear on the website and are incorporated herein by reference. You acknowledge that iCare Health Options TPA does not endorse or act in a representative capacity and is not responsible or liable for any affiliate website, any website user or any third party.
No Third Party Beneficiary. Nothing in this Agreement shall be construed to establish a basis for claims against iCare Health Options TPA or its officers, directors, or employees by third parties asserting status as third party beneficiaries.
Down Time. iCare Health Options TPA takes commercially reasonable measures so that the website is available without significant interruption, except for scheduled down time needed to help maintain effective operation of the website. However, difficulties with hardware, software and equipment as well as services supplied by other parties, service providers, vendors or suppliers may result in service interruptions.
Security. iCare Health Options TPA will use reasonable security measures to protect the website and, at the least, those security measures required by law. However, iCare Health Options TPA is not responsible for any breach of security or for the unauthorized use by others of your information.
Denial of Access and Termination. iCare Health Options TPA may suspend, deny and terminate your access to the website at any time. iCare Health Options TPA reserves the right to access, read, copy, delete and disclose information on iCare Health Options TPA’s systems and equipment. iCare Health Options TPA reserves the right to inspect any and all files and information stored on or transmitted through iCare Health Options TPA’s website, portal, system or equipment. Suspension, denial or termination of your use of the website does not affect or terminate any obligations you may have to iCare Health Options TPA.
Fees and Charges. iCare Health Options TPA may charge for some or all of the services provided on or through the website. Such charges will be set forth in a separate agreement between you and iCare Health Options TPA, in this Agreement on the website itself, or on materials provided with the service, and iCare Health Options TPA may change such charges on notice to you.
Intellectual Property. iCare Health Options TPA and its licensors and its information providers retain all intellectual property rights with respect to the website. All website content included or available on the website, including, but not limited to, trade names, trademarks, service marks, text, graphics, interfaces, code, information, databases, technology (other than content or information sent to and from website users) (collectively, the "Content"), and the selection and arrangement of that, are the sole and exclusive property of iCare Health Options TPA, or its licensors or information providers.
Indemnification. To the maximum extent allowed by applicable law, you agree to indemnify and hold harmless (and with respect to third party claims defend upon iCare Health Options TPA’s request), iCare Health Options TPA, its affiliates and licensors and information providers, from and against all claims, suits, proceedings, losses, liabilities, and expenses, including without limitation, attorney's fees in connection with a third party claim, whether the claim or harm sounds in tort, contract or otherwise, which arises out of, is a result of, or relate to your breach of any obligation, provision, acknowledgment, representation or warranty in this Agreement, your use of the website or any information sent, accessed, viewed, or received through the website, your use of Content, and / or your activity in relation to the website.
Electronic Communications. By using the website, you are consenting to receive communications from iCare Health Options TPA electronically, and agreeing that iCare Health Options TPA may communicate with you via email or by posting notices on this website, and also, if iCare Health Options TPA wishes, by regular means of communication, including postal mail, independent carriers, etc. You accept and agree that all agreements, disclosures, notices and other communications which iCare Health Options TPA provides to you electronically will satisfy any legal requirement that such communication be in writing.
Additional Terms. From time to time, the website may contain additional terms and conditions (“Additional Terms”) governing your use of the website or components of it, which Additional Terms are hereby incorporated by reference. You agree to comply with any such Additional Terms as part of this Agreement.
General. This Agreement shall, for all purposes, be construed to be governed by and enforced solely and exclusively in accordance with the laws of the State of Florida, USA, without giving effect to its conflict of law provisions or your actual state of residence or domicile. You hereby agree that the courts located in Miami, Florida, USA, will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this Agreement and you hereby irrevocably consent to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto. Any judgments obtained by such courts may be entered and enforced against you in any jurisdiction where you or your assets are located. You hereby waive any right to couple a claim with the claim(s) of others against iCare Health Options TPA. Any legal action concerning this Agreement or the website must be brought by you within one (1) year after the claim or cause of action arises. If any provision of this Agreement is held to be invalid or unenforceable such provision shall be struck and the remaining provisions shall be enforced. iCare Health Options TPA's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent and / or similar breaches.
Questions. Please contact us at www.iCare Health Options TPA if you have questions about iCare Health Options TPA, our website or problems with the website’s functions.