TriWest Healthcare Alliance Corp. Web site Terms and Conditions

TriWest Healthcare Alliance Corp. (TriWest) is providing you with the following Terms and Conditions for your access and use of www.triwest.com and other TriWest Web sites. Please read this legal agreement carefully to fully understand your rights and responsibilities. Additional Terms and Conditions may apply to your access and use of different portions of this Web site and any Additional Terms and Conditions will be posted in the Terms and Conditions section associated with that particular portion of the Web site. By using this site you are bound by these terms and conditions. If you do not agree to these terms and conditions you must exit from and not use this Web site. TriWest’s Web sites are not intended for use by children under the age of 13 and TriWest does not knowingly collect personal information from children under the age of 13 on the site.  

To access, and sometimes to continue using the Web site, you may be asked to provide basic identification information such as name, gender, address, phone number, e-mail address, provider number, date of birth, social security number and/or other information to verify your identity and to determine what information can be made available to you. Please read and understand TriWest’s Internet Privacy Statement, which is incorporated by reference into these Terms and Conditions, for more information regarding what information TriWest may gather and share.

Occasionally, these Terms and Conditions may change without notice. These changes will be effective and binding as of the notice or the date the changes are posted on TriWest’s Web site, unless a different effective date is specified. If you access our Web site at any time after such a change in the Terms and Conditions is posted, you will be deemed to have accepted and agreed to all of the revisions.

Protected Health Information
You may have access to Protected Health Information (PHI) as that term is defined by the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and its implementing regulations. You confirm that you are entitled to such PHI as: a HIPAA Covered Entity, or the Business Associate of a HIPAA Covered Entity, or as the individual about whom the PHI relates or because such individual has authorized you to have such access. You represent that you shall not allow any user within your control to have access to this Web site or the information contained herein unless such user's access is consistent with your obligations under HIPAA. Please refer to the TRICARE Notice of Privacy Practices for more information regarding HIPAA.

Some states have restrictions on disclosure of health information to family members to protect the privacy of certain minors and dependent adult family members. These restrictions on disclosure of information may include accessing personal health and medical information through electronic or Internet based services.

Use of Information
TriWest will use your information to process, validate and verify your relationship with TriWest. Only beneficiaries, providers, congressional and government partners, and network subcontractors of TriWest will be allowed access to restricted functions of the Web site. Please review our Internet Privacy Statement to understand TriWest’s practices regarding your privacy in connection with our online services.

TriWest’s Web sites may contain various types of information originating from TriWest or third parties, including outside providers of health-related information or goods and services. TriWest’s Web sites may also contain information about health issues designed to help you. This information is not meant to replace the advice of health care professionals. If you have specific health care needs, or for complete information about your health care, please contact a doctor or other health care provider.

E-mails
By providing an e-mail address, you are consenting to TriWest communicating with you via e-mail and sending publications to your e-mail address. The nature of the Internet prevents TriWest from guaranteeing the confidentiality of information received through Web sites or via e-mail. TriWest strongly suggests that you not include any PHI or confidential information should you contact us via e-mail.

Security
You should never provide your online information, sign on identifiers, passwords and/or other authentication measures to a third party. If you do so you authorize that party to access information and/or conduct transactions with TriWest and are responsible for any resulting transactions. TriWest will not be liable and will not reimburse you for any losses that may occur as a result of any such use of your information, sign on identifiers, passwords, and/or authentication measures.

You may use TriWest’s services for lawful purposes only. You may not obtain or attempt to obtain unauthorized access to any TriWest services or Web sites, or to any other protected materials or information, through any means not intentionally made available by TriWest for your specific use. You may not use TriWest’s services to post, transmit or otherwise distribute unlawful material. You may not attempt to use or distribute tools designed for compromising security or take action to compromise the security of this Web site.

Links to Other Web sites
TriWest may provide links to third party Web sites that offer additional information and services. Inclusion of these links does not imply an endorsement by TriWest. TriWest does not have any control over third parties’ use of information, nor is TriWest responsible for how information is collected, secured, used, and disclosed by third parties. TriWest makes no representations and disclaims all liability as to the content or material available at those locations, the accuracy of information and the quality of products or services provided or advertised on such third-party sites. Please read the privacy policy and security policy statements on these Web sites so that you can learn how the third parties may use your information.

License and Reproduction
Copyright and other laws protect all information, content and all other materials offered through TriWest’s Web sites. You agree to abide by all applicable proprietary rights and laws as well as any additional trademark or copyright notices or restrictions contained in these Terms and Conditions. These Terms and Conditions grant you no right, title or interest in TriWest’s intellectual property and create no relationship between you and TriWest. Except as otherwise agreed, TriWest grants you a limited and revocable license to access, use and navigate this Web site solely for your personal, non-commercial use. You are also granted a limited and revocable license to print copies of any content accessible from this Web site but solely for your personal, non-commercial use. You may not modify the materials and must retain all copyright and other proprietary notices contained in the materials. You may not assign or sublicense this license. Except as expressly provided above, all rights are reserved. Further, except as expressly provided above, no portion of this Web site, its contents or any copyright, trademark, trade name, service mark or any other proprietary information of TriWest displayed on this Web site or on any of the content may be reproduced, altered, removed, transmitted, published or distributed, whether electronically, mechanically, by photocopy, recording or otherwise, without the prior written permission of TriWest. Use of any trademarks of TriWest as meta-tags on any third-party Web site is strictly prohibited. You may not co-brand this Web site or display this Web site in frames (or any of the content via in-line links) without the prior written permission of TriWest. You agree to cooperate with TriWest in causing any unauthorized co-branding, framing or linking to immediately cease.

TriWest’s Web site may contain software tools and databases that allow you to search and retrieve information. You may not (1) sell, distribute or commercially exploit such software tools, databases or the results of any database search performed on TriWest’s Web site; (2) use any data mining, robots or similar gathering and extraction tools; or (3) sell, rent or lease, lend or transfer any services provided on this Web site.

Termination
Your access and use privileges of TriWest’s Web sites and content are conditioned upon your adherence to these Terms and Conditions. TriWest may, in its sole discretion, choose to terminate the Web site or cancel your access to restricted functions of the Web site. TriWest may terminate the license granted to you under the "License and Reproduction " section above at any time if you are in breach of any term or provision of these Terms and Conditions. Upon such termination, you may not access, use, or view TriWest’s Web sites.

TriWest reserves the right to investigate suspected violations of these Terms and Conditions. If TriWest becomes aware of possible violations, we may initiate an investigation that may include gathering information from you or any user involved and the complaining party, if any, and examination of other material. TriWest may suspend the provision of our services temporarily, or we may permanently remove the material involved from our servers, cancel posts, provide warnings to you, or suspend or terminate your access to our services. TriWest will determine what action will be taken in response to a violation on a case-by-case basis, and at our sole discretion. TriWest will fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

Indemnification
You agree, at your own expense, to indemnify, defend and hold harmless TriWest, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Web site from and against any claim, demand all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your breach of these Terms and Conditions or your violation of applicable laws or any rights of any third party.

You hereby acknowledge that your breach of these Terms and Conditions may result in immediate and irreparable harm to TriWest for which there may be no adequate remedy at law, and that TriWest shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of information obtained through TriWest’s Web sites. Your breach of the Terms and Conditions may also entitle TriWest to bring an action against you for any and all other remedies available at law or in equity.

Disclaimer of Warranties
THE SERVICES, INFORMATION AND FUNCTIONS CONTAINED ON TRIWEST WEB SITES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TRIWEST EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, CONCERNING OUR SERVICES OR THE ADEQUACY, ACCURACY OR COMPLETENESS OF THE INFORMATION OR SERVICES INCLUDED ON OUR WEB SITE, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TRIWEST EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS IN OR OMISSIONS FROM SERVICES, INFORMATION, OR MATERIALS. TRIWEST IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED WEB SITE OR ANY LINK CONTAINED IN A LINKED WEB SITE, EXCEPT TO THE EXTENT THAT SUCH WEB SITE OR LINK IS OWNED AND OPERATED BY TRIWEST OR ITS AFFILIATE(S).

UNDER NO CIRCUMSTANCE, OTHER THAN REQUIRED BY APPLICABLE CONSUMER LAW, WILL TRIWEST BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THIS WEB SITE OR ANY LINKED WEB SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. THE USER IS RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THIS WEB SITE OR OBTAINED FROM A LINKED WEB SITE.

Limitation of Liability
TRIWEST, ITS AFFILIATES, SUBSIDIARIES, SERVICE PROVIDERS AND CONTENT PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OR INCOMPLETENESS OF INFORMATION, UNAUTHORIZED ACCESS, COMPUTER VIRUSES, MALICIOUS CODE, LOSS OF DATA, COMPATIBILITY ISSUES, OR OTHERWISE. TRIWEST WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST DATA. COST TO PROCURE REPLACEMENT SERVICES OR GOODS, OR BUSINESS OPPORTUNITIES) ARISING OUT OF YOUR ACCESS TO OR USE OF TRIWEST’S WEB SITE(S), OR ANY OTHER LINK TRIWEST PROVIDES TO ANOTHER WEB SITE, OR ANY ACTS, OMISSIONS, DEFECTS, SECURITY BREACHES, OR DELAYS, REGARDLESS OF THE BASIS OF THE CLAIM OR IF TRIWEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

TRIWEST IS NOT RESPONSIBLE OR LIABLE FOR THE ACTS OR OMISSIONS OF OUTSIDE VENDORS OR INFORMATION PROVIDERS, OR FOR PERFORMANCE (OR NON-PERFORMANCE) WITHIN OUTSIDE NETWORKS OR INTERCONNECTION POINTS BETWEEN TRIWEST’S WEB SITE(S) AND OTHER NETWORKS AND/OR WEB SITES THAT ARE OPERATED BY THIRD PARTIES. TRIWEST ALSO MAKES NO REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH OUR WEB SITE(S), AND YOU AGREE AND ACKNOWLEDGE THAT AT TIMES YOUR ABILITY TO ACCESS TRIWEST’S WEB SITE MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TRIWEST WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ANY ACTION WE CONSIDER APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, TRIWEST CANNOT GUARANTEE THAT THEY WILL NOT OCCUR, AND ACCORDINGLY TRIWEST DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

TRIWEST IS NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO ANY CAUSE BEYOND TRIWEST’S REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT OR FAILURE OF THE INTERNET.

Jurisdiction
TriWest operates this Web site from its offices within the United States of America. TriWest does not represent that any content on its Web site(s) is appropriate or available for use in other locations, and access from certain locations may be strictly prohibited. You acknowledge and agree that you are accessing this Web site on your own initiative, at your own risk, and are responsible for compliance with all laws.

This agreement shall be governed by and construed in accordance with the laws of the state of Arizona, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be an appropriate state or federal court located in the state of Arizona.

Assignment
TriWest may assign its rights and delegate its duties under these Terms and Conditions either in whole or in part at any time, at TriWest’s sole discretion, and without your consent. You may not assign, sublicense or otherwise transfer your rights or obligations, in whole or in part, under these Terms and Conditions to anyone else.

Entire Agreement
This Agreement constitutes the entire agreement between TriWest and you with respect to your use of www.triwest.com and other TriWest Web sites. Any cause of action you may have with respect to your use of www.triwest.com and other TriWest Web sites must be commenced within one (1) year after the claim of cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms and Conditions is determined to be invalid, all other provisions will remain in full force and effect.

Thank you for taking the time to review these Terms and Conditions.