Terms of use

By accessing and using this web site (the “Site”) operated by or on behalf of Health Plan Alliance, LLC (“the Alliance”), you agree to the following:

YOUR USE OF THE SITE
The Alliance grants you a limited license to access the Site and the Content (as defined below) for your internal use.  You have no rights to redistribute the Site or Content in any way without the express consent of the Alliance.  You agree to follow any existing or future security measures implemented by the Alliance with respect to the Site.  If your access to the Site was made through the use of a password or other control device, you agree not to share such device except as permitted by the Alliance.  The Alliance may prosecute any person for unauthorized use of the Site.  If you have any question about Content or its use, feel free to contact us at info@healthplanalliance.org. 

CONTENT
All content on the Site (“Content”) is made available for your use on an “AS IS” basis.  While the Alliance makes reasonable efforts to display Content that is accurate, current, and truthful, you are advised of the following:
User Responsible.  You should validate Content that you use for your own purposes.  The Content may have conditions, limitations, or exclusions that may make it inaccurate or incomplete for your intended purpose.  Such conditions, limitations, or exclusions may not be displayed as part of the Content.
User to Verify Accuracy.  Content may be contributed by third parties over which the Alliance has no control, and the Alliance cannot ascertain in each instance whether Content contributed by participants is accurate or complete.  You should validate the accuracy of any data you choose to rely upon.
No Medical Advice. By displaying Content, the Alliance does not offer clinical or medical advice with respect to any health condition or course of treatment.  The appropriateness of any such information for your use is determined solely by you.
No Financial or Regulatory Advice.  By displaying Content, the Alliance does not offer advice with respect to financial impact or regulatory compliance matters, including matters related to the delivery of health care, payment of or reimbursement for healthcare services, or how health care charges are displayed, submitted, or safeguarded.  You will determine the financial and regulatory impact of your actions that are taken based upon any use of the Content.
No Endorsement.  If the Content includes references to or hyperlinks to third parties or their products and services, such references or links are not an endorsement by the Alliance.  You must verify whether the third parties and their products or services are accurately described, suitable, and can be relied upon.
Content Owned by the Alliance.  Except for material contributed by you (as discussed below), as between you and the Alliance, the Alliance is the owner or holds a right to display the Content.  You do not obtain any ownership rights in the Content by virtue of your use of the Site.

MATERIAL CONTRIBUTED BY YOU
The posting of copyrighted materials by you, in whole or in part, is EXPRESSLY PROHIBITED without the prior written permission of the copyright holder. You may post hypertext links to, or URLs for, copyrighted materials already on the Internet unless prohibited by the copyright holder or applicable law.  You may also refer to copyrighted materials by title and/or author or publisher, but may not actually post the materials without prior written permission of the copyright holder.  

You agree to not post or submit information to this Site that 
is covered by the Health insurance Portability and Accountability Act of 1996 as amended (“HIPAA”), such as patient identifiable information (“Protected Health Information”);
consists of any other personal information of individuals, whether or not protected by law or regulation;
includes profanity, vulgarity, pornography, defamatory statements, or may otherwise be offensive to individuals;
is false, misleading, or may not be published under any applicable rule, regulation, or law; or
you do not have the authority to publicly disclose.

If you post (or submit to the Alliance for posting) materials for use on the Site, you agree:

The Alliance is granted a non-exclusive license to use and make derivative works of the materials as Content on the Site and, subject to confidentiality restrictions stated below, to use contributed materials within the Alliance for internal purposes, and if included in any other data set, to de-identify the contributed material so that you or any individual is not identifiable.
The Alliance is not required to include your contributed materials on the Site.  The Alliance reserves the right at any time to edit, redact, retract, or not publish any materials in the Alliance’s sole judgment.  Notwithstanding the Alliance’s right to edit, you remain responsible for all of your contributed material.
The material you submit is truthful, accurate, and reasonably complete in all material respects.


DMCA TAKE DOWN REQUESTS
If you identify any of your information that is protected by copyright and you can exercise a take down right as authorized by the Digital Millennium Copyright Act, please send your request, including the factual  details required by this Act, to the Alliance at:  Health Plan Alliance, Attn:  Legal Department, 290 E John Carpenter Freeway, Irving, Texas 75062.

CONFIDENTIALITY
The Site represents a commercial service using proprietary materials of the Alliance and its licensors.  You agree to use commercially reasonable efforts to keep the Site and its Content confidential and to ensure that your use of the Site conforms to these Terms of Use.  By clicking through the access mechanism, you assent to these Terms of Use, you agree to keep the Content of the Site confidential, and you agree that your access to the Site and Content is only for the internal use of your organization.  If your duties change such that you should not to further use the Site, or if your relationship with the entity on behalf of whom you are acting ends, you agree to not to further access the Site and to notify the entity on behalf of who you are acting that your access rights to the site should be terminated.  To the extent you submit materials to the Alliance as part of your participation on the Site (other than contributed material that you provide for publication, as provided above), the Alliance will use commercially reasonable efforts to keep such information confidential, to use contributed materials within the Alliance for internal purposes, and, if included in any other data set, to use industry standard means de-identify the contributed material so that you or any individual is not identifiable.

OTHER AGREEMENTS
You or the organization you represent may have other agreements with the Alliance, and your use of the Site and these Terms of Use do not modify any of these other agreements in any respect. 

NO WARRANTY
We work diligently to produce and maintain the Web Site, and to ensure that it includes high quality information for you.  However, the Alliance does not offer any warranties regarding the Site or Content on the Site. THE SITE AND ANY RELATED SERVICES ARE PROVIDED "AS-IS" WITHOUT WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TIMELINESS, OR UNINTERRUPTED SERVICE. 

LIMITATION ON THE ALLIANCE LIABILITY
The Alliance generally does not charge a separate fee for your access to the Site and Content, and accordingly the Alliance will not be liable to you for any damages you may incur resulting from your use of the Site, the Content, or any other web sites whose links are on the Site. If a fee is ever charged for your use of the Site, the Alliance’s liability is limited to the amount of the money paid by you for that service and your sole remedy is the refund of such amount.   IN NO EVENT WILL THE ALLIANCE EVER BE LIABLE FOR CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES AS A RESULT OF YOUR USE OF THE SITE, AND YOU WAIVE ANY RIGHT TO RECOVER SUCH DAMAGES.  YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. EXCEPT AS PROVIDED ABOVE, YOU RELEASE THE ALLIANCE AND ITS LICENSORS AND THOSE WHO CONTRIBUTE CONTENT TO THE SITE FROM ANY LIABILITY AS A RESULT OF YOUR USE OF THE SITE OR THE CONTENT.  

APPLICABLE LAW AND VENUE
The Site and these Terms of Use are governed by and interpreted under Texas Law, and any dispute arising under or related to the Site shall be determined by a court of competent jurisdiction located in Dallas County, Texas.