General
Privacy Policy
Disclaimers &
Restrictions
Jurisdiction
Copyright &
Trademarks
Revisions
Links & Linking
Investment Information
First Health Group
Corp. First Health Web site Terms and Conditions of
Use
and Legal Restrictions
ATTENTION: THE FOLLOWING TERMS AND CONDITIONS OF
USE, LEGAL RESTRICTIONS AND PRIVACY POLICY ("TERMS AND
CONDITIONS") APPLY TO THE CONTENT AND ANY USE OF THIS
WEB SITE (REFERRED TO HEREAFTER AS THE OR THIS "SITE"),
INCLUDING ANY OF THE SERVICES AVAILABLE ON OR THROUGH
THE SITE. PLEASE CAREFULLY READ ALL THE TERMS AND CONDITIONS
BEFORE USING THIS SITE. BY USING THIS SITE, YOU EXPRESSLY
AGREE TO THESE TERMS AND CONDITIONS AND THAT THESE TERMS
AND CONDITIONS SUPERSEDE THE TERMS AND CONDITIONS OF
USE RELATED TO THIS SITE IN ANY PRIVATE AGREEMENT, WHETHER
WRITTEN OR ORAL. IF YOU DO NOT AGREE TO THESE TERMS
AND CONDTIONS, DO NOT USE THIS SITE.
These Terms and Conditions supplement the applicable
provider, client and member contracts, policies and
benefit plans and represent the complete agreement between
the parties concerning the subject matter hereof. First
Health may modify these Terms and Conditions at any
time by publication on this Site. Your continued use
of the Site following notice of any such modification
will be conclusively deemed to constitute acceptance
of the revised terms of these Terms and Conditions.
Neither the course of conduct between the parties nor
trade practice shall act to modify any provisions of
these Terms and Conditions. Failure to insist on strict
performance of any term of these Terms and Condition
will not operate as a waiver of subsequent default or
failure of performance. No waiver of any term of these
Terms and Conditions will be valid unless in writing
and acknowledged in writing or electronically by both
parties.
General
The content in this Site is provided for lawful purposes
only. Unless otherwise stated herein: 1) permission
is given to view, print and use the content in this
Site only for your personal, non-commercial home use,
provided that no copyright, service/trademark, or other
proprietary notices which accompany any such content
are deleted or changed; 2) content in this Site may
not be copied, reproduced, transmitted, displayed, downloaded,
uploaded, posted, distributed, rented, sublicensed,
altered, stored for subsequent use, or otherwise used
in whole or in part in any manner without First Health's
prior written consent; 3) use of the content in this
Site for any other purpose violates First Health's intellectual
property rights; and 4) nothing in this Site will be
construed as conferring any license for any First Health
or any third party's intellectual property rights.
Privacy
Policy
Your privacy is very important to us, so at First
Health, we carefully guard your confidential, individual-identifiable
information (commonly referred to as your "personal
information"). Personal information includes information
that identifies you, such as your name, address, telephone
number, e-mail address, social security number and date
of birth, and information related to your health status,
such as pharmacy and medical claims data, when coupled
with one of the identifiers. First Health obtains your
personal information through its administrative, clinical
management, network services and various services related
to health plans, insurance policies and workers' compensation
claims (what we call "health benefits services"), through
corporate activities (such as investor and public relations),
and also when you send it to us (through this Web site
or otherwise). We limit our collection and use of information
to the minimum required to deliver and inform you about
world-class health benefits services, as we strive to
promote quality, cost-effective care.
Because maintaining your trust is a fundamental part
of our business, we protect your personal information
through a combination of security mechanisms:
- We use non-published URLs and logins for certain
limited-audience sites, and passwords and/or Personal
Identification Numbers (PINs) for certain sites where
authentication of online users is essential;
- We use secure servers, firewalls and encryption
technology to protect electronic transmissions and
help prevent unauthorized users from accessing First
Health servers, and notify you when such protections
are not in place;
- We require any organization that provides support
services to First Health to maintain the confidentiality
of your personal information, and reserve the right
to audit them for compliance. Hospitals, doctors and
other health care providers, First Health clients,
business partners and vendors and other third parties
who choose to submit confidential information through
this Web site remain responsible for obtaining any
necessary legal consent to transmit the information
to First Health through this Web site and by traditional
communication methods; and
- We provide training to our employees in the proper
handling of personal information, and limit access
to employees who have a legitimate need-to-know.
Please note that First Health does not guarantee the
confidentiality of any communication or material sent
to/from First Health through this site. First Health
undertakes to comply with all health information privacy
laws that apply to us.
Consistent with our respect for you and your privacy,
we will not use or share your personal information for
purposes other than treatment, payment or health care
operations (including, but not limited to, quality assessment,
fraud detection, regulatory and mandatory legal activities),
or for purposes about which you are notified. First
Health will also use your personal information to:
- Customize the content of our Web site for individual
visitors, upon the individual's request;
- Inform individual visitors about their own personal
information (or information of others, such as family
members or patients they are authorized to view),
upon the visitor's request;
- Improve the services made available on the Web
site;
- Identify visitors to respond to their requests
(or in case they forget or misplace their PIN); and
- Provide health benefits services and related quality
assessment, fraud detection, regulatory and mandatory
legal activities, as well as to contact you periodically
about our available services. If you do not wish this
periodic contact, please call or write to First Health
about your wishes; your decision will not affect your
eligibility or health plan coverage.
First Health does not sell, lease or license your
personal information to other companies unless you give
your permission. First Health may, in its sole discretion,
use what is known as "cookie" technology. A "cookie"
is a data element sent to your browser by a Web site
when you link to that Web site. By assigning a unique
data element to each visitor, the Web site is then able
to recognize repeat users and track usage patterns to
better serve visitors when they return to that Web site
and to improve the performance and content of our Site.
The cookie does not extract personal information, and
most browsers provide a simple procedure that enables
users to control whether they want to receive cookies
or notifies them when a Web site is about to deposit
a cookie file. First Health may collect aggregate, anonymous
information to help diagnose problems with our server,
to measure the use of our Web site content, to administer
our Web site or for future commercial value.
First Health strives to protect the control of this
Site, within the constraints of current Internet technology.
However, the e-mail facilities at this Site do not provide
a means for completely secure and private communications.
Like most, if not all, non-encrypted Internet e-mail
communications, your e-mail may be accessed and viewed
by other Internet users, without your knowledge and
permission, while in transit to First Health. For that
reason, to protect your privacy, please do not use e-mail
to communicate information to First Health that you
consider to be confidential. If you wish, you many contact
First Health instead via telephone at the numbers provided
at various locations on this Site or, if applicable,
at the First Health toll free number provided by your
employer or insurer. You agree that any comments, suggestions
or other information sent to First Health by way of
this Site is provided without restriction or obligation
on First Health, and First Health will be free to use
such information on an unrestricted basis, except as
described above with respect to "Personal Information."
You also agree to use this Site and submit information
at your own risk, and that First Health has no liability
with respect to any unauthorized access by third parties,
including, but not limited to, hackers. You are responsible
for whatever material you submit, and you, not First
Health, have full responsibility for any submitted
message, including its legality, reliability, appropriateness,
originality, and copyright. If First Health issues you
a User-ID, login, password, Personal Identification
Number (PIN) or other form of user identification feature
to access a First Health Web site, you are expressly
liable for any use by anyone using your ID, whether
or not you authorized the use; you must guard it carefully.
You agree to notify First Health of any unauthorized
use of your password. Remember, logging off may prevent
another person from altering your user file or submitting
information as if they were you, but logging off may
not prevent another from seeing your previous information.
To ensure privacy, please be sure to close your browser
completely when finished with this Web site.
If our privacy policy changes with respect to the
information we collect through our Web site or our use
of information you volunteer to us, we will post the
changes to our Web site. First Health includes First
Health Group Corp. and its agents, affiliates and subsidiaries.
Use of this site is also subject to additional Terms and Conditions.
Please read carefully before using.
Disclaimers
& Restrictions
First Health uses reasonable efforts to include accurate,
complete and current information on this Site. However,
First Health does not guaranty any use of the content
in this site in terms of its correctness, accuracy,
reliability, or otherwise, and First Health undertakes
no obligation to update the content in this site.
CONTENT ON THIS SITE IS PROVIDED "AS IS" AND "AS AVAILABLE"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT. FIRST HEALTH DOES NOT REPRESENT
OR WARRANT THAT: 1) ANY FUNCTIONS AVAILABLE ON OR THROUGH
THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; 2) ANY
DEFECTS WILL BE CORRECTED; OR 3) THIS SITE OR THE SERVER
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
NEITHER FIRST HEALTH NOR ANY PARTY INVOLVED IN CREATING,
PRODUCING OR DELIVERING THIS SITE WILL BE LIABLE TO
ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER
CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO
ANY ACCESS TO, USE OF OR INABILITY TO USE THIS SITE,
OR ANY OTHER WEB SITE LINKED TO THIS SITE OR ANY ERRORS
OR OMISSIONS IN THE CONTENT HEREOF OR THEREOF, INCLUDING,
WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR DATA ON YOUR EQUIPMENT, OR OTHERWISE,
EVEN IF FIRST HEALTH IS EXPRESSLY ADVISED OF THE POSSIBILITY
OR LIKELIHOOD OF SUCH DAMAGES.
Some U.S. states and foreign countries provide rights
in addition to those above or do not allow the exclusion
or limitation of implied warranties or liability for
incidental or consequential damages. Therefore, the
above limitations may not apply to you, or there may
be laws or regulations that supersede the above. Any
clause of these Terms and Conditions declared invalid
by the appropriate authority shall be deemed severable
and shall not affect the validity or enforceability
of the remainder of these Terms and Conditions.
Certain health benefit services include the provision
of general health information, care support, and educational
materials (collectively, the "health information") by
or through First Health, via this Web site and other
methods of communication. It is not First Health's intent
to recommend or prescribe specific treatment, and as
always, treatment decisions remain between patients
and their physicians. Patients should never disregard
professional medical advice, or not seek such advice,
because of information received from or through First
Health. Certain treatments described in the health information
may be excluded from certain benefit plans or insurance
policies; patients remain responsible for carefully
checking exclusions. The health information is provided
by sources First Health believes to be reliable. However,
should patients choose to use this information, they
should discuss their decisions with their doctors. First
Health is not responsible for the content of the health
information or for updating the information, and cannot
guarantee accuracy or appropriateness for a patient's
particular situation.
Treating providers are independent contracts and are
neither employees nor agents of First Health.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY
DAMAGE THIS WEB SITE OR UNDERMINE ITS OPERATION IS A
VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH
AN ATTEMPT BE MADE, FIRST HEALTH RESERVES THE RIGHT
TO SEEK DAMAGES FROM SUCH PERSON TO THE FULL EXTENT
PERMITTED BY LAW.
You agree not to use the Site for any of the following
activities: (1) sending junk mail or chain letters,
spamming, or any use of distribution lists to any person
who has not given specific permission to be included;
(2) posting, e-mailing, uploading, or otherwise transmitting
any unlawful, harmful, harassing, defamatory, libelous,
abusive, threatening, vulgar, sexually explicit, obscene,
hateful, racially, ethnically or otherwise objectionable,
material of any kind, or any material that is invasive
of another's privacy or exploits children under 18 years
of age; (3) posting, e-mailing, or otherwise transmitting
any content that infringes any patent, copyright, trademark,
trade secret, or other proprietary rights of First Health
or any third party, or that contains any software viruses,
Trojan horses and/or other code, files or programs intended
to destroy, disrupt or otherwise impair a computer's
functionality or the operation of the Site; (4) impersonating
any person or entity, including, but not limited to,
a First Health official or representative, or falsely
stating or otherwise misrepresenting your relationship
with First Health; (5) interfering with or disrupting
networks connected to the Site or violating any regulations,
policies, and procedures of networks connected to the
service; (6) using the Site for any illegal purpose,
or to gather personally identifiable information without
First Health's and/or other necessary or appropriate
prior consent; or (7) interfering with another User's
enjoyment of the Site.
You are prohibited from violating or attempting to
violate the security of the Site, including, without
limitation: (i) accessing data not intended from you
or logging into a server or account which you are not
authorized to access; (ii) attempting to probe, scan,
spider or test the vulnerability of a system or network,
or to breach security or authentication measures without
proper authorization; (iii) attempting to interfere
with First Health's services to any User, host or network,
including, without limitation, via means of submitting
a virus to the Site, overloading, "flooding," "mailbombing"
or "crashing"; (iv) sending unsolicited e-mail, including
promotions and/or advertising or products or services;
or (v) forging any TCP/IP packet header or any part
of the header information in an e-mail or posting. Violations
of system or network security my result in civil liability.
First Health will investigate occurrences, which may
involve such violations, and may involve, and cooperate
with, law enforcement authorities in prosecuting Users,
and any other persons or entities, who are involved
in such violations.
You agree to indemnify and hold First Health and its
subsidiaries, affiliates, officers, agents, co-branders
or other partners, employees and other representatives,
harmless from and against any claims, losses, costs,
expenses or demands, including reasonable attorneys'
fees, made by an third party relating to or arising
out of content you submit, post to or transmit through
the Site, your use of the Site, your connection to the
Site, your violation of these Terms and Conditions,
or your violation of any rights of a third party.
Jurisdiction
First Health controls this Site (excluding linked
sites) from its headquarters in Downers Grove, Illinois,
United States of America and makes no representation
that any content contained in this Site is appropriate
or available for use in other locations, and accessing
this Site or use of any of its content from locations
where such use or content is illegal is prohibited.
Because this Site can be accessed from all 50 states,
as well as from other countries around the world, and
each of these places has laws that may differ from those
of Illinois, by accessing this Site both you and First
Health agree that the statutes and laws of the state
of Illinois, notwithstanding any principles of conflicts
of law, will apply to all matters relating to use of
this Site and that if you use this Site from any other
location you are responsible for compliance with applicable
local laws. You and First Health also agree and hereby
submit to the exclusive personal jurisdiction and venue
in DuPage County, Illinois or the Federal Courts with
jurisdiction in Illinois with respect to such matters.
If any part of these Terms and Conditions is deemed
unlawful, void, or unenforceable, that part will be
deemed severable and will not affect the validity and
enforceability of any remaining provisions.
Copyright
& Trademarks
This Site and its content, copyright 1997-2001 First
Health Group Corp. All rights reserved. All works of
authorship contained at this Site, including, but not
limited to, text, images/ and their arrangement, are
owned by First Health, (except as otherwise noted. "First
Health®," the heart logo, and other names appearing
in a type form different from that of the surrounding
text are service marks owned by or licensed to First
Health), its subsidiaries or affiliates. Any other product
name or company name mentioned in this Site may be a
service/trademark of its owner. You may not reproduce,
copy, or redistribute the design, layout or individual
elements of this Site design without the express written
permission of First Health. If you or your organization
has a preexisting agreement with First Health, that
agreement will specify your rights and obligations regarding
the use of First Health service/trademarks. If you do
not have an existing agreement with First Health, use,
reproduction, copying, or redistribution of any First
Health service/trademarks is strictly prohibited without
written permission from First Health.
Each user of this site is responsible for the content
of his or her postings to and transmissions through
the Site. This means that each user, and not First Health,
is entirely responsible for all content that he or she
posts, e-mails, uploads or otherwise transmits via the
Site. Use of the Site is subject to all applicable local,
state, national, and international laws and regulations.
THE USE OF WEBWACKER OR SIMILAR PRODUCT TO DOWNLOAD
OUR SITE, OR ANY OF THE CONTENT ON THIS SITE, INFRINGES
First Health'S COPYRIGHT. DO NOT USE WEBWACKER OR SIMILAR
PRODUCTS ON THIS SITE!
First Health®, AFFORDABLE®, OUCH®
and the heart logo are registered service marks of First
Health Group Corp.
Always First in Health Plans and Making health care
as simple as 1 2 3 are service marks of First Health
Group Corp.
All other trademarks and service marks are the property
of respective trademark owners.
Use of this Site is also subject to additional Terms and Conditions.
Please read carefully before using.
Revisions
First Health uses reasonable efforts to include accurate,
complete and current information on this Site. However,
First Health does not guaranty any use, display or representation
of the content in this Site in terms of its correctness,
accuracy, reliability, completeness or otherwise. First
Health reserves the right to, and may, make improvements
and/or changes in format or content of this Site and
to change these Terms and Conditions at any time without
prior notice. First Health has no obligation to update
any information or content on this Site, and such information
or content may be out of date at any given time.
First Health has no obligation to update any information
or content on this Site, and such information or content
may be out of date at any given time. First Health may
also make improvements and/or changes in the information
or content contained in this Site at any time without
prior notice. First Health reserves the right to change
these Terms and Conditions and Legal Restrictions at
any time. Site Manager. Send e-mail to First Health
with questions or comments about this Site.
Links
& Linking
Links To Other Web sites. Your use of links
from this site to other Web sites is voluntary. They
are provided for your convenience as Internet navigation
tools only. First Health accepts no responsibility for
the content, products and/or services provided at such
Web sites. Links to other Web sites contain information
created, published, maintained, or otherwise posted
by persons or entities independent of First Health.
First Health does not endorse, approve, recommend, favor,
certify, or control these Web sites, and does not guarantee
the content, accuracy, completeness or timeliness of
information located at such Web sites. The owners/operators
of such other Web sites do not necessarily endorse First
Health products or services, nor are they responsible
for the content of this Site.
Use of any information, products or services obtained
from Web sites with links to this Site is voluntary,
and entirely at your own risk. First Health does not
warrant or guarantee, and assumes no responsibility
for: 1) your use of the information, products or services
obtained at any Web site linked to this Site, or 2)
the content of such information, including, but not
limited to, errors or omissions, the accuracy or reasonableness
of the content, the defamatory nature of any statements
contained therein, ownership of copyright or other intellectual
property rights, or the violation of property, privacy,
or personal rights of others by any such site or its
owner/operator. First Health is not responsible for,
and expressly disclaims all liability for, damages of
any kind arising out of or relating to any use, reference
to, or reliance on such information, products or services.
The above limitation or exclusion may not apply to you
to the extent that applicable law may not allow the
limitation or exclusion of liability for incidental
or consequential damages.
Establishing a Link to This Site. First Health prohibits
the use of the First Health logo as a "hot" link to
this Site unless the establishment of such a link is
approved in writing by First Health. You may establish
a hypertext link to this Site from your Web site provided
that: 1) the link must be a text-only link clearly marked
"First Health"; 2) the link must be to "http://www.firsthealth.com"
or, for First Health's clients and their clients and
covered persons authorized to utilize First Health's
services, to a specific URL provided by First Health;
3) the appearance, position and other aspects of the
link may not be such as to damage or dilute the goodwill
associated with First Health's name and service/trademarks;
4) the appearance, position and other aspects of the
link may not create the false appearance that you or
any other entity is associated with or sponsored by
First Health (except to identify First Health as your
service provider, if applicable); 5) the link, when
activated by a user, must display First Health's
Site full-screen and not within a "frame" on the linked
Web site; and 6) First Health reserves the right to
revoke its consent to the link at any time in its sole
discretion. You may not, without obtaining First Health's
written permission, republish, redistribute or otherwise
make any copies of, the content on this Site as a part
of the link, including by framing or similar means,
or otherwise.
Use of this Site is also subject to additional Terms and Conditions.
Please read carefully before using.
Investment
Information
This Site is not designed to advance or sell any particular
First Health product or service. Any such reference
to First Health products or services are purely for
illustrative purposes. It is up to you, as a prudent
reader, to understand and determine on your own what
you need to do in order to make intelligent decisions
in connection with the matters discussed on this Site,
and to seek out advice of competent individuals before
making any investment decision.
Certain information related to finances, investment
and performance contained herein may include certain
forward-looking statements, within the meaning of Section
27A of the Securities Act of 1933, as amended, and Section
21E of the Securities Exchange Act of 1934, as amended,
including (without limitation) statements with respect
to anticipated future operating and financial performance,
growth and acquisition opportunities and other similar
forecasts and statements of expectation. Words such
as "expects", "anticipates", "intends", "plans", "believes",
"seeks", "estimates", "could" and "should" and variations
of these words and similar expressions, are intended
to identify these forward-looking statements. Forward-looking
statements made by First Health and its management are
based on estimates, projections, beliefs and assumptions
of management at the time of such statements and are
not guarantees of future performance. First Health disclaims
any obligations to update or revise any forward-looking
statement based on the occurrence of future events,
the receipt of new information or otherwise.
Actual future performance, outcomes and results may
differ materially from those expressed in forward-looking
statements made by First Health and its management as
a result of a number of risks, uncertainties and assumptions.
Representative examples of these factors include (without
limitation) general industry and economic conditions;
interest rate trends; cost of capital and capital requirements;
competition from other managed care companies; the ability
to expand certain areas of First Health's business;
shifts in customer demands; changes in operating expenses,
including employee wages, benefits and medical inflation;
governmental and public policy changes and the continued
availability of financing in the amounts and at the
terms necessary to support First Health's future business.
In addition, if First Health does not continue to successfully
integrate recent acquisitions into its existing business,
successfully implement new contracts and programs, and
control healthcare benefit expenses, it may not achieve
its planned financial results.
Use of this Site is also subject to additional Terms
and Conditions. Please read carefully before using.
Last Modified: Tuesday, April 23, 2002
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