Terms and Disclaimers
This site (“Site”) is offered to you by Health Choice Arizona, Inc. (“Health Choice Arizona”) conditioned on your acceptance, without modification, of the terms, conditions, policies and notices contained on this page (these “Terms”). Please read these Terms carefully before using this Site. If you do not agree to all of the notices, disclaimers, and conditions contained in these Terms, do not use this Site. By accessing and using this Site in any way, including without limitation, browsing this Site, using any information, and/or downloading any materials, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not comply with these Terms, Health Choice Arizona has the right to block, suspend or eliminate your access to this Site. Health Choice Arizona may also take any legal action if, in its sole discretion, Health Choice Arizona deems appropriate. If your violation of this Agreement causes harm to others, you agree to hold Health Choice Arizona harmless against any liability for that harm.
1. Use of Website
Health Choice Generations has contracted with The Centers for Medicaid and Medicare Services (“CMS”), the federal agency that regulates the Medicaid and Medicare programs, to provide medical and prescription drug coverage for the dual eligible (Medicaid and Medicare) population.
Although Health Choice Generations makes every effort to ensure accurate, up-to-date information on this Site, some information that is listed on this Site – such as physician and/or pharmacy directories – may not be current. Please contact Member Services, seven (7) days a week(except holidays), 8 am – 8 pm, at 1-800-656-8991 (TTY users should call 1-800-367-8939) or by e-mail: Comments@iasishealthcare.com , for information regarding contracted physicians, pharmacies, hospitals or ancillary services.
2. Copyright and Trademark Notices
All contents of this Site are: ©2006 Health Choice Arizona, Inc. All rights reserved. This Site contains copyrighted material, trademarks and other proprietary information including without limitation, text, software, photographs, graphics, and/or sound, and the entire contents of this Site are copyrighted as a collective work under the United States copyright laws. Health Choice Arizona owns a copyright in the selection, coordination, arrangement, enhancement and “look and feel” of this Site. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content contained on this Site (“Content”) without the express written permission of Health Choice Arizona. You acknowledge that Health Choice Arizona and/or third-party content providers remain the owners of all materials, service marks and trademarks posted on this Site, and that you do not acquire any of those ownership or license rights therein.
3. Disclaimer; No Medical Advice
The information included at this Site, including articles, references and tools, is for educational or informational purposes only and is not intended to substitute in any way for medical treatment, advice or diagnosis by a healthcare professional. Any health plan benefit information posted on this Web site has been approved for viewing by CMS. Approval/acceptance date for said material is listed at the bottom of each page.
While Health Choice Arizona hopes you find the information helpful, you should remember that the Content on this Site is not meant to serve as a substitute for clinical judgment. Please consult with your physician before undertaking any form of medical treatment. You should not use information from the Site to diagnose a health problem, condition, illness or disease. You expressly acknowledge and agree that Health Choice Arizona is not responsible for the results of your decisions resulting from the use of Content on this Site.
Health Choice Arizona strives to provide a valuable resource of timely information for Site users. However, Health Choice Arizona cannot ensure that any Content or other information provided is exhaustive or complete on every subject or that it will necessarily include all of the most recent information available. While efforts have been made to ensure that the information provided on this Site is accurate, up-to-date and complete, no guarantee is made to that effect. It is your responsibility to evaluate the information and results from tools Health Choice Arizona provides. Again, you should exercise your judgment in evaluating any information, and Health Choice Arizona encourages you to confirm the information contained on this Site with other sources before undertaking any treatment or action based on it.
THE CONTENT ON THIS SITE IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH THIS SITE IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT.
IN NO EVENT WILL HEALTH CHOICE ARIZONA BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE RELYING UPON THE CONTENT OR INFORMATION CONTAINED IN OR PROVIDED THROUGH THIS SITE.
4. Accuracy of Information
Due to constant advances in technology and medicine, and frequent benefit updates (guidance) from CMS and the wide variety of authors contributing to this Site, readers are encouraged to confirm the information contained herein with other sources. Corrections and additions will be made only as allowed by the availability of time and resources and approval by CMS. The accuracy and timeliness of the information on this Site cannot be guaranteed. Neither Health Choice Arizona nor any author or supplier contributing to this Site is responsible for any errors or omissions in any information provided or the results obtained from the use of such information.
5. Disclaimer
Your use and browsing of this Site is at your risk. Health Choice Arizona makes no guarantee of availability of this Site or any services offered through this Site. Without limiting the generality of the foregoing, everything on the Site is provided to you “AS IS, WHERE IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HEALTH CHOICE ARIZONA DOES NOT WARRANT THAT THIS SITE OR THE CONTENT CONTAINED HEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, NOR IS ANY RESPONSIBILITY ASSUMED FOR INCORRECT OR INACCURATE CAPTURE OF INFORMATION, INCLUDING BUT NOT LIMITED TO MALFUNCTIONS, HUMAN ERROR, LOST/DELAYED/GARBLED DATA OR TRANSMISSIONS, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURES OF ANY COMMUNICATIONS, EQUIPMENT, SOFTWARE OR ANY COMBINATION THEREOF. HEALTH CHOICE ARIZONA MAKES NO WARRANTY THAT THIS SITE WILL MEET ANY USER’S REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY CONTENT OR FUNCTION THEREON, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS SITE.
6. Limitation of Liability
IN NO EVENT SHALL HEALTH CHOICE ARIZONA, ITS PARENT COMPANY, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SPONSORS, AUTHORS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY CONTENT, MATERIALS OR FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF HEALTH CHOICE ARIZONA OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion or limitation of certain warranties, so some of the above exclusions may not apply to you.
You agree that any claim or cause of action arising out of your use of this Site must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
7. Typographical Errors
Considerable effort is made to ensure the accuracy of all Content on the Site. However, neither Health Choice Arizona nor its employees makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any Content or any other materials accessible through this Site.
8. Site Communications
Please do not send personal medical questions to Health Choice Arizona through this Site. With respect to other communications to Health Choice Arizona, Health Choice Arizona does not guarantee that it will respond to all inquiries. Except as described herein, any communication which you post on or send through the Site is considered to be non-confidential. You agree that you will not upload or transmit any communications that infringe or violate any patent, trademark, trade secret, copyright or other proprietary rights of any party, or that are defamatory, or that violate any party’s privacy or publicity rights. By submitting communications to any part of this Site, you represent and warrant that your communication will not violate any local, state or federal statutes, laws or regulations in any manner.
9. Other Sites
This Site contains links to other web sites, resources or third parties (collectively referred to as “Linked Sites”). Health Choice Arizona does not, however, control these independent web sites and does not provide any assurance, warranty or guarantee of any kind with respect to such Linked Sites. You acknowledge and agree that Health Choice Arizona has no responsibility for the accuracy or availability of information provided by Linked Sites. Links to Linked Sites are provided as a convenience to you, and Health Choice Arizona is not responsible for the availability of such external sites and linking to Linked Sites does not constitute an endorsement by or association with Health Choice Arizona of such sites, or the products, services or other materials presented on such Linked Sites. Health Choice Arizona does not author, edit, or monitor these Linked Sites, their materials or their privacy practices. Therefore, Health Choice Arizona shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of any Linked Sites.
10. Indemnification
By accessing the Site, you agree to defend, indemnify and hold Health Choice Arizona, its parent company, and their respective directors, officers, employees, agents, affiliates and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to have resulted from, your use of the Site in a manner that violates or is alleged to violate these Terms.
11. Jurisdiction and Venue
Health Choice Arizona controls and operates this Site from the United States of America. Health Choice Arizona does not represent that materials on this Site are appropriate or available for use in other locations. Persons or entities who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. You agree that any legal action brought against Health Choice Arizona shall be governed by the laws of the State of Arizona without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of this Site or orders made through this Site shall be an appropriate federal or state court located in Tempe, Arizona.
12. Modifications to this Site
Health Choice Arizona has the right to modify this Site and any Content on this Site as described in these Terms and to change, suspend, or discontinue any aspect of this Site at any time, including the availability of any Site feature, database or content. Health Choice Arizona may also impose limits on certain features and services or restrict your access to parts or this entire Site without notice or liability.
13. No Waiver
The failure of Health Choice Arizona to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision contained in these Terms is found by a court of competent jurisdiction to be unlawful, invalid, or for any reason unenforceable, the parties nevertheless agree that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intention of Health Choice Arizona and that provision of these Terms shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
14. Entire Agreement
This Agreement constitutes the entire understanding between Health Choice Arizona and you with respect to this Site and the subject matter hereof, and supersedes all previous agreements between the parties with respect to such subject matter, whether written or oral. The parties hereto specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. Neither the course of conduct between the parties hereto nor trade practice shall act to modify these Terms. Health Choice Arizona may assign its rights and duties under these Terms to any party at any time without notice. The section headings used herein are for convenience only and shall not affect the interpretation of these Terms.
15. Terms Revisions
Health Choice Arizona reserves the right to modify these Terms. Health Choice Arizona will post any changes to these Terms on this page. Continued use of this Site after such postings shall be deemed an acceptance to be bound by the notices, terms and conditions of the modified Terms.
If you have any questions about these Terms, the practices of Health Choice Arizona, or your dealings with this Site, please contact us at:
Comments@iasishealthcare.com.
Last Updated: July 5, 2006.