Terms of Use

Last Modified: 12-09-2020

NOTE THAT SECTION 8 OF THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

These Terms of Use (“Terms”) apply to your access to, and use of, the websites (the “Site” or “Sites”) provided by Health Management Systems, Inc., its parent and any of its subsidiaries ("HMS" “we” or “us”).  By accessing or using the Site, you agree to be bound by these Terms and all of the terms incorporated herein by reference.  By using this website, you agree to the most-recent Terms as well as the most-recent version of our Privacy Policy.  If you use our Site on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

We may change these Terms at any time, and such changes will be posted on this or a similar page of this Site. It is your responsibility to review these Terms each time you use this Site. By continuing to use this Site, you consent to any changes to our Terms. If you do not agree to the revised Terms, you may not access or use the Site.

By using this Site, you acknowledge and agree that any activity on this Site is subject to monitoring by HMS at any time, and HMS may use the results of such monitoring without limitation, subject to applicable law.

This Site is intended for a United States audience. If you live outside the U.S., you may see information on this Site about products or therapies that are not available or authorized in your country.

  1. LICENSE TO ACCESS AND USE OUR SITE AND CONTENT

The Site (including all content therein and the compilation of content, including but not limited to all photos, videos, text, graphics, data, and images, the “Content”) is owned by HMS and/or its licensors and is subject to trademark, service mark, copyright and/or other intellectual property rights. The HMS names and logos, and all related product and service names, design marks and slogans, are the trademarks or service marks of HMS. All other marks are the property of their respective companies. Nothing contained on the Site grants any rights to use any trade name, trademark, service mark, logo, or other intellectual property without the express prior written consent of the owner.

Subject to these Terms, You are hereby granted a personal limited, nonexclusive, nontransferable, revocable license to access and use the Site and view the Content solely for your personal, non-commercial use.  We may terminate this license at any time for any reason. If you breach any of these Terms, your license to the Content terminates immediately. Upon the termination of this license you must stop using this Site, including all Content, and return or destroy all copies, including electronic copies, of the Content in your possession or control.

Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of HMS or any third party, whether by estoppel, implication or otherwise.

Notwithstanding anything to the contrary in these Terms, the Site and Content may include software components provided by HMS or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

RESTRICTIONS ON USE OF THIS SITE

You agree:

  • not to use this Site or Content in any way not explicitly permitted by these Terms or the text of the Site itself;
  • not to copy, modify or create derivative works involving the Content, except you may print a reasonable number of copies for your personal use, provided that you reproduce all proprietary copyright and trademark notices;
  • not to misrepresent your identity or provide us with any false information in any information-collection portion of this Site, such as a registration or application page;
  • not to take any action intended to interfere with the operation of this Site;
  • not to access or attempt to access any portion of this Site to which you have not been explicitly granted access;
  • not to share any password assigned to or created by you with any third parties or use any password granted to or created by a third party;
  • not to directly or indirectly authorize anyone else to take actions prohibited in this section;
  • to comply with all applicable laws and regulations while using this Site or the Content.  You represent and warrant that you are at least 13 years of age, and that if you are between 13 and 18 years of age a parent and/or guardian agrees to these Terms on your behalf.

2.  COPYRIGHT/INFRINGEMENT – DMCA Notice

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or material on this Site infringes a copyright owned by you, you (or your agent) may send HMS a notice requesting that the material be removed, or access to it blocked. This request should be sent to: legal@hms.com.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed  If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.  Notices and counter-notices with respect to the Site should be sent to the address above.

3. SUBMISSIONS

Certain portions of this Site may be configured to permit users to post messages, comments, or other content, suggestions, ideas, artwork, or other information. Any such submissions communicated to HMS through this Site become the property of HMS. You acknowledge that you are responsible for whatever material you submit and have full responsibility for the content you submit, including its legality, reliability, appropriateness, novelty, and copyright. You agree not to: (1) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; or (2) submit or upload anything that violates the copyright or intellectual property rights of any person or entity.

4. LINKS

While visiting this Site you may click on a link to other websites and leave this Site. We provide links to other websites that may contain information that may be useful or interesting to you. We do not endorse, and are not responsible for, the content and accuracy of linked websites operated by third parties or for any of your dealings with such third parties. You are solely responsible for your dealings with such third parties and we encourage you to read the terms of use and privacy policies on such third-party websites.

5. NO WARRANTIES

All content on this Site is provided to you on an “as is”, “as available” basis. HMS, all third parties, if any, providing content for this Site, and all third parties providing support or information for this Site (collectively, “website-related-parties”) hereby disclaim all warranties of any kind, either express or implied, statutory or otherwise including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

The website-related-parties make no warranty as to the accuracy, completeness, timeliness, correctness, or reliability of any content available through this Site. Without limiting the foregoing, the website-related-parties specifically do not represent or warrant that any information regarding particular plan benefits or scope of coverage is accurate or complete. The website-related-parties make no representations or warranties that use of this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the technology that makes it available are free of viruses or other harmful components. You are responsible for taking all precautions necessary to ensure that any content you may obtain from this Site is free of viruses and any other potentially destructive computer code.

Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.   Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

We reserve the right to change any and all HMS Content and to modify, suspend or stop providing access to the Site at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, and vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.

6. LIMITATION OF LIABILITY

You agree that none of the website-related-parties shall be liable for any damage resulting from your use or inability to use this Site or the Content. This protection covers claims based on warranty, contract, tort, strict liability, and any other legal theory. This protection covers the website-related-parties, including all affiliates, and their officers, directors, employees, and agents. This protection covers all losses including, without limitation, direct or indirect, special, incidental, consequential, exemplary, and punitive damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption. The total, cumulative, liability of the website-related-parties, including all affiliates, and their officers, directors, employees, and agents, if any, for losses or damages shall be limited to the amount of your actual damages, not to exceed U.S. $100.00. The limit of liability may not be effective in some states. In no event shall the website-related-parties, including all affiliates, and their officers, directors, employees, and agents, be liable to you for any losses or damages other than the amount described above. All other damages, direct or indirect, special, incidental, consequential, exemplary, or punitive, resulting from any use of the Site or Content are excluded even if the website-related-parties have been advised of the possibility of such damages. You agree that you use this Site at your own risk. If you are dissatisfied with this Site or the content, your sole and exclusive remedy is to discontinue using the Site.

7. RULES OF CONDUCT

You agree that you will not violate any law, contract, intellectual property or other third party right, and that you are solely responsible for your conduct, while accessing or using the Site. In connection with the Site, you shall not:

  • Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
  • Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
  • Use the Site for any purpose that is fraudulent or otherwise tortious or unlawful.
  • Harvest or collect information about users of the Site.
  • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.
  • Restrict or inhibit any other person from using the Site.
  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without HMS' express prior written consent.
  • Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
  • Remove any copyright, trademark or other proprietary rights notice from the Site.
  • Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without HMS’ express prior written consent.
  • Systematically download and store Site content.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without HMS’ express prior written consent.

You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Site.

8. GOVERNING LAW AND JURISDICTION

These Terms of Use are governed by the laws of the State of Texas, U.S.A., without regard to Texas conflict of laws provisions. By using the Site you irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts in Dallas, Texas for all disputes arising out of or relating to the use of the Site. Any legal actions against HMS must be commenced within two year(s) after the claim arose. Any controversy or claim arising out of or relating to the Sites or these terms will be settled by binding arbitration before JAMS, Inc. and in accordance with the JAMS Comprehensive Arbitration Rules and Procedures. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Each party shall be responsible for its costs incurred in such arbitration, but if you cannot afford to pay for the arbitration you agree to provide us the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. The arbitration will be conducted in Dallas County, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review. Notwithstanding the foregoing, HMS may immediately seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect its rights or property (including intellectual property rights).

9.  INDEMNITY

You agree to defend, indemnify and hold HMS and its affiliates harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from (a) your access to or use of the Site, Content or any materials (including Third Party Materials), products or services available through the Site, (b) any of your Submissions, or (c) any violation or alleged violation by you of any provision of these Terms.

  1. Additional Terms

If any provision of these Terms 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, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.. You may not transfer or assign any rights or obligations under this Agreement. HMS may transfer or assign its rights and obligations under this Agreement.

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