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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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