Effective Date: October 1, 2020
This User Agreement ("Agreement") is entered into by and between Shared Health Mississippi, Inc. (“SH-MS“) and you, the user (“you“, ”your“, or ”user“), and governs your use of SharedHealthMS.com (the “Website”).
BY USING THE WEBSITE OR THE SERVICES AVAILABLE ON THIS WEBSITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED THE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS THIS WEBSITE OR USE ANY OF THE SERVICES THROUGH THIS WEBSITE.
The Website Does Not Provide Medical Advice
The Information on the Website is for informational purposes only. This Website and the Information on it is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.
If you think you may have a medical emergency, call your doctor or 911 immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
You must be at least of the age of legal majority where you live (which is currently 18 years old in most states) to use the Website, or you must be at least 13 years old and have the permission of your parent or guardian who must agree to these terms on your behalf. If you have agreed to allow your minor child or a child for whom you are legal guardian (“Minor”) age 13 or over to access the Website or any of the services or Information (as defined below) offered or through the site, you agree that you shall be solely responsible for: (a) the on-line conduct of such Minor; (b) monitoring such Minor’s access to and use of the Website; and (c) the consequences of any use of the Website by such Minor.
Shared Health Dual Plus is an HMO SNP plan with a Medicare contract and a contract with the Mississippi Division of Medicaid. Enrollment in Shared Health Dual Plus depends on contract renewal.
SH-MS hereby grants you a limited, non-exclusive, non-assignable and non-transferable license to access and use the on-line services available on the Website, subject to the terms of this Agreement. All other rights are reserved.
Certain restricted sections of the Website may require you to register on the Website. You must provide SH-MS with current, accurate, and complete information. Your registration must be done using your real name. If SH-MS at any time discovers any error or omission in the Information that you provide, SH-MS may, at its option, terminate the right to access and use the password protected sections of the Website by any user. You may be asked to accept additional terms and conditions prior to enrolling in or using certain restricted services offered through the Website. SH-MS does not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
If you learn or suspect that your user name or login password has been disclosed or otherwise made known to any person other than yourself, you agree to immediately notify SH-MS via e-mail or in writing within twenty-four (24) hours of discovering such fact. Upon receiving such notice, SH-MS will assign a new password to you within a reasonable period of time.
3. Physician, Practice Group or Agency Access.
Certain services offered through the Website will be accessed and used by physicians, practice groups or authorized agents of SH-MS and authorized members of their staff. If you are a physician or agent, or a physician’s, practice group’s or an agent’s authorized representative, it is your sole responsibility to identify members of your staff who should be permitted to access and use the Website, and to authorize, monitor and control access to and use of the Website by your staff members. You are responsible for the acts or omissions by your personnel’s use of SharedHealthMS.com, and for any damages incurred by you as a result thereof.
A. The term “Information” shall mean all content, data and the related subscriptions, products, services and information obtained through the Website. SH-MS has entered into agreements with certain third-parties whereby SH-MS may display information, products, goods, or services offered by the third-parties or may provide links from the Website to third-party web sites (the foregoing third-party providers are collectively referred to as “Third-Party Providers”). The term “Information” also refers to Information which is offered by Third-Party Providers. Although SH-MS may facilitate services and the use of Information from Third-Party Providers, there is no legal affiliation between SH-MS and such Third-Party Providers.
B. SH-MS may point or link to other sites maintained by third parties that may be of interest to you. SH-MS provides such linking functions only as a service to you. SH-MS does not guarantee that a link will be provided to enable every user to reach their intended party(ies) including, but not limited to physician offices and health plan benefit offices.
C. The Website may enable certain users to transmit, store and receive certain confidential information about members or subscribers (collectively, “Member Information”). State or federal laws, as well as ethical or licensure requirements of the medical profession, may impose obligations with respect to member confidentiality that limit the ability of certain persons to make use of certain services or to transmit certain Information to third parties. You represent and warrant that you will, at all times, comply with all applicable laws that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of Member Information, and to cause all persons or entities under your direction or control to comply with such laws. You are solely responsible for obtaining and maintaining all consents and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Member Information you transmit, store or receive in connection this Website. You agree that SH-MS, our licensors, and all other persons or entities involved in the operation of, or services provided through, the Website, have the right to monitor, retrieve, store and use Member Information as necessary to provide such operation or services, and are acting on your behalf in transmitting Member Information. WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF MEMBER INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED USING THE WEBSITE OR THE SERVICES.
The Information found on the Website is the property of SH-MS or its licensors or Third-Party Providers and is protected under applicable copyrights, trademarks, and other proprietary and intellectual property rights. The logos, page headers, custom graphics, buttons, and other icons contain or are proprietary service marks, trademarks, or service marks of SH-MS (collectively, “Trademarks”). Nothing in this Agreement shall be construed as transferring or assigning any ownership rights to you or any other person or entity in the Information or Trademarks.
Only personal use of the Information is permitted, which means that you may access, download or print such Information for your personal, non-commercial use only. You agree not to change or delete any copyright or proprietary notice from Information downloaded from this Website, create compilations or derivative works of any Information, or use the Website or Information in any manner that may infringe any copyright or intellectual property right. You may not copy, republish, display, resell, redistribute, broadcast or transmit, rent, lease, loan, or otherwise transfer the Information or Trademarks or use the Information in a searchable, machine-readable database or file. You agree to use the Website and the Information for lawful purposes only. You agree not to post or transmit any information through the Website which (1) infringes the rights of others or violates their privacy or publicity rights, (2) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or (3) is protected by copyright, trademark or other proprietary right without the express permission of the owner of such right. You may only access the Website in a manner that complies with all applicable laws.
You may not create a link to our Website without our prior permission.
9. Changes to Website.
SH-MS reserves the right at any time and without notice to modify the Website. Such modifications may include, without limitation, changes in services, implementation of user priorities or rules, and discontinuance of functional aspects of the Website. SH-MS may also add, withdraw or modify Information within the Website or services or products provided throughout the Website at any time in its sole discretion or cancel any link to a third-party website.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information. We may terminate your use of the Website at any time.
11. Equipment and Operation.
You shall provide and maintain all software, computer hardware, internet connection and other equipment and services necessary to access the Website, and the costs of any such equipment and/or connections or use, including any applicable taxes, shall be borne solely by you.
12. Disclaimer of Warranties.
IN USING THE WEBSITE, YOU ACKNOWLEDGE THAT SOME OF THE INFORMATION PROVIDED THROUGH THE WEBSITE ORIGINATES FROM SOURCES WHICH ARE BEYOND THE CONTROL OF SH-MS. YOU RECOGNIZE THAT INACCURACIES MAY OCCUR, AND SH-MS AND ITS LICENSORS AND THIRD-PARTY PROVIDERS DO NOT WARRANT THE ACCURACY OR SUITABILITY OF THE INFORMATION. YOU AGREE THAT THE INFORMATION AND SERVICES AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” BASIS. SH-MS AND ITS LICENSORS AND THIRD-PARTY PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT OR ADEQUACY TO PRODUCE ANY PARTICULAR RESULT. SH-MS DOES NOT WARRANT THAT THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION AND SERVICES AVAILABLE THROUGH THE WEBSITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. THE WEBSITE DOES NOT CONTAIN ALL MEDICAL INFORMATION THAT MAY BE RELEVANT AND SHOULD NOT BE USED AS A SUBSTITUTE FOR SEEKING PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. ALL SPECIFIC MEDICAL QUESTIONS YOU HAVE ABOUT A MEDICAL CONDITION, TREATMENT, CARE OR DIAGNOSIS SHOULD BE PRESENTED TO YOUR OWN PROFESSIONAL HEALTH CARE PROVIDER.
SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS ON IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE DURATION OF EFFECTIVE WARRANTIES AND/OR THEIR DISCLAIMERS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE-TO-STATE.
Neither SH-MS nor any of its licensors, licensees and Third-Party Providers shall be liable for any loss or liability resulting from your inability to access the Website or delays or interruptions due to system failures, date-data processing failures, internet problems, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, acts of terrorism or other like causes.
13. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SH-MS OR ITS SUPPLIERS, VENDORS OR THIRD PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM THE USE OF THE WEBSITE OR ANY INFORMATION INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE, THE DELAY OR INABILITY TO USE THIS WEBSITE, OR WITH THE INFORMATION, SERVICES, PRODUCTS, MATERIALS OR OTHER RESOURCES PROVIDED HEREIN, OR THE FAILURE TO MAKE AVAILABLE ANY INFORMATION, SERVICES, PRODUCTS, MATERIALS OR OTHER RESOURCES, CONTAINED ON OR ACCESIBLE THROUGH THIS WEBSITE, EVEN IF ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE WEBSITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS CLAUSE GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SH-MS, ITS LICENSORS, AND THIRD-PARTY PROVIDERS (INCLUDING THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR CONTRACTORS) FROM AND AGAINST ALL CLAIMS, DAMAGES, LAWSUITS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) RESULTING FROM ANY CLAIM BROUGHT BY ANY PERSON ARISING FROM OR RELATING TO YOUR ACCESS OR USE OF THE WEBSITE, AND THE INFORMATION, SERVICES AND/OR PRODUCTS OBTAINED THROUGH OR PROVIDED BY THE WEBSITE OR YOUR POSTING ANY CONTENT ON THE WEBSITE.
16. No Conflicting Terms.
If there is any conflict between this Agreement and any other documents regarding the subject matter of this Agreement or the services, products or Information you access, acquire or receive through the Website, then the provisions of this Agreement shall govern, whether such other documents are prior to or subsequent to this Agreement, or are signed or acknowledged by any director, officer, employee, representative or agent of SH-MS.
17. Attorney’s Fees.
Should litigation, arbitration or other legal action arise from this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party, in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable attorney’s fees and costs of litigation.
18. Governing Law; Venue.
This Agreement shall be governed by the laws of the State of Tennessee excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. Any such claim or cause of action may only be brought in the state or federal courts located in Chattanooga, Hamilton County, Tennessee and you agree to submit to the exclusive personal jurisdiction of such courts. You agree to waive any objection that the state or federal courts of Tennessee are an inconvenient forum.
SH-MS’s failure to insist upon strict enforcement of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any such provision or right. Any waiver by SH-MS of any right or provision herein shall only be by a writing signed by an authorized officer of SH-MS.
You may not assign any of your rights, obligations or privileges here under without the prior written consent of SH-MS. Any assignment other than as provided for in this Section shall be null and void, ab initio.
If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make in enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce this Agreement.
22. Entire Agreement.
23. Modification to this Agreement.
SH-MS may modify this Agreement at any time, without notice to you, and such modifications shall be effective immediately upon posting of the modified terms and conditions. Accordingly, you agree to review the terms and conditions periodically, and your continued use of this Website shall be deemed your acceptance of the modified terms and conditions.
24. Child Online Protection Act Notification.
Pursuant to 47 U.S.C. Section 230 (d) as amended, SH-MS hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at OnGuard Online, available at https://www.consumer.ftc.gov/features/feature-0038-onguardonline. Please note that SH-MS does not endorse any of the products or services offered at such site.
25. Notice and Procedure for Copyright Infringement Claim.
SH-MS shall respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other claims of infringement of intellectual property rights or of libel, slander or invasion of privacy, which response may include removing or disabling access to Information claimed to be the subject of infringing activity or other claims. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, or that you have been libeled, slandered or your privacy invaded, please advise SH-MS at Shared Health Mississippi, Inc., ATTN: General Counsel, 1 Cameron Hill Circle, Chattanooga, TN 37402.
You may contact SH-MS with questions concerning this SH-MS Agreement.