Effective Date: November 1, 2019
Website Covered: www.scmamit.com
The South Carolina Medical Association Voluntary Employees’ Beneficiary Association Welfare Benefit Plan and Trust (“Plan and Trust”), together with its affiliates (collectively referred to as “Company” is the owner of this website or application (“Website”). In using this Website You are subject to the following Terms & Conditions (interchangeably “Terms & Conditions” and “Agreement”), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this Website and any services provided by or linked to this Website (“Services”).
The parties referred to in this Agreement shall be defined as follows:
- a) Company, Us, We: The Company, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. Company, Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well as all employees, directors, officers, agents, and affiliates of the Company.
- b) You, the User, the Client: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.
- c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.
- d) Other Users: Persons who are not You but are using the Website will be referred to throughout this Agreement with second-person pronouns such as User or Client and the descriptive word “Other”.
- e) Services: Services provided on this Website or linked through this Website.
2) ACCEPTANCE AND GENERAL USE:
3) NO AGENCY, PARTNERSHIP OR JOINT VENTURE:
No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
4) INFORMATION AVAILABLE OR LOCATED ON OR THROUGH THIS WEBSITE:
The Company has no legal duty to update information on this Website. The Company may modify, remove or update information on this Website from time to time, and may modify or delete information or features on this Website, including content and hours of availability. In consideration for using this Website, You agree not to hold the Company liable for any inaccuracy of the information contained on the Website and You assume all risks associated with using information from the Website or transmitting information to this Website need by or through using the internet.
Further, headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
The information obtained from this Website is informational purposes only and nothing contained, expressed, or implied from this Website shall be construed as personal advice. No information on this Website is intended to be medical advice. No doctor patient relationship or other medical provider-patient relationship is established between the Company and You by use of this Website or under other circumstances. If You have questions about medical issues arising from Your use of this Website, You should contact Your own health professional. Likewise, nothing contained on this Website is legal or financial advice and should not be construed or understood as such. No attorney-client or accountant-client relation is established between Company and You by use of this Website or its Services. Please contact Your legal counsel or financial professional for advice. The Company does not assume responsibility or liability for any advice or other information given on the Website.
If at any time this Website allows You to post comments to the Website, communications that You post to this Website are not confidential and You are responsible for Your own posting and discussions. The Company does not guarantee the reliability or accuracy of any communications posted by Other Users. Opinions expressed by Other Users should not be relied on and any reliance on materials posted by others is at Your risk. The Company does not endorse any opinions expressed by You or Other Users. The Company does retain the right to review, remove or edit any Website postings by You or Other Users.
You may have access to benefits information and eligibility status through this Website. You should review Your benefit documents for what Your benefit package includes. No information You obtain on this Website is a guarantee of payment of benefits as benefits are subject to the contractual limits that are part of the terms of Your insurance policy or benefit plan. Also, nonpayment of premiums or other contractual limitations may result in denial of benefits.
5) LICENSE TO USE WEBSITE:
The Company may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Website or Services (“Company Materials”). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Website and Services. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.
Both You and the Company may choose to modify or discontinue Your access to any or all of this Website in either Parties’ discretion. If the Company terminates Your access to this website, or if You choose to no longer utilize it, then this Agreement shall remain in full force and effect and survive as the governing terms of Your access of the website and Services previously.
6) INTELLECTUAL PROPERTY:
You agree that the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title, and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purposes. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
7) USER OBLIGATIONS:
As a user of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. This identifying information will enable You to use the Website and Services and You are responsible for protecting the confidentiality of Your user name and password. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement. You may not use this Website to access information about any other person, including a friend or family member, without express permission.
8) ACCEPTABLE USE:
You agree not to use the Website or Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company. You further agree not to use the Website or Services:
- a) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- b) To violate any intellectual property rights of the Company or any third party;
- c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- d) To perpetrate any fraud;
- e) To engage in or create any unlawful gambling, sweepstakes, or pyramid schemes;
- f) To publish or distribute any obscene or defamatory material;
- g) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
- h) To unlawfully gather information about others.
9) REVERSE ENGINEERING & SECURITY:
You agree not to undertake any of the following actions:
- a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
- b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
The Company may sell goods or services or allow third parties to sell goods or services on the Website. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including but not limited to product descriptions and images. However, the Company does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such products at Your own risk.
11) TELEPHONE USE CONSENT AND TELEPHONE CONSUMER PROTECTION ACT CONSENT:
12) ELECTRONIC COMMUNICATIONS PERMITTED AND CONSENT TO SUCH USE:
Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email Us at the following address: MITinfo@scmedical.org.
You agree the Company may use any email address You supply to correspond with You regarding this Website, to provide any services, products, or benefits to You, Your spouse or Your dependents and to send other communications, including, without limitation, marketing communications, to You, Your spouse or Your dependents. The Company also may retain this email address for such future use as the Company may determine. Additionally, the Company may send email responses to questions submitted to the Company. If You would like to update Your personal information, You may do so either via the Website customer services functions or by calling the Customer Service department. To opt-out of receiving email communications or otherwise manage Your contact information and/or preferences, please contact the MIT Customer Service Department or email Us at MITinfo@scmedical.org.
13) MOBILE DEVISE USAGE:
Mobile usage includes any Website information or Services accessed or used via Your mobile device, which may include a portable computer, iPad, mobile phone, smart phone, iPhone, smart watch, smart pad, Kindle, or other such device. We collect information from mobile usage, such as Your device type and hardware information, the mobile carrier, mobile carrier’s user ID, content of Your request, and other such information. This information does not by itself identity You to us, though it may consist of or contain information You consider personal. For example, location-enabled products and services that You use may provide GPS data information to our Website. Certain products and services allow You to download and/or personalize the content You receive from us. When information is downloaded, we will record information about Your downloads and preferences, along with information You provide about You. If the product or service requires You to log in with a specific account, this information will be associated with Your Account. All requests sent through Your mobile carrier’s network means that Your Mobile carrier may have access to it. Please consult Your mobile carrier’s privacy policies for how it may treat such information.
14) SPAM POLICY:
You are strictly prohibited from using the Website or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
15) SERVICE INTERRUPTIONS:
The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. In addition, the Website may experience service interruptions or events that are beyond the Company’s control. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss of information caused as a result of such downtime.
16) TERM, TERMINATION & SUSPENSION:
The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
17) NO WARRANTIES:
You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an “As Is” basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Company is not liable for any such damage or loss.
This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
19) LIMITATION ON LIABILITY:
This Website is controlled and operated by the Company from offices in the United States. The Company makes no representation that materials provided on this Website are appropriate or available for use in other locations and access to them from locations in which their contents are illegal is prohibited. Those who choose to access this Website from such other locations are responsible for compliance with applicable local laws.
By using this Website, any programs or tools on this Website, and any third-party websites to which You may link through this Website You agree to (a) release the Company from any and all claims, liabilities or damages related to such use and (b) accept all risks related to such use. You agree not to hold the Company responsible for any damages or injury, whether for breach of contract, tortious behavior, negligence, or under any other cause of action, caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, or unauthorized access to, alteration of, or use of records or information made available on (a) this Website, (b) any program or other tool available at this Website, or (c) any third-party Website to which You may link through this Website. Without limiting the foregoing, You specifically agree not to hold the Company responsible for the defamatory, offensive, or illegal conduct of any third party using this Website. All information on this Website are provided “as is,” without express or implied warranties.
You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to: (a) Your use or misuse of the Website or Services; (b) Your breach of this Agreement; (c) Your conduct or actions that may or may not violate any third -party’s right, including (without limitation) any copyright, property, or privacy right; or (d) any claim that content or information You submit causes damage to a third party. This defense and indemnification obligation specifically will survive these Terms and Conditions and Your use of this Website.
SPECIFICALLY, THE COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, STRICT LIABILITY, TORT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF THIS WEBSITE, THE MATERIALS POSTED ON THIS WEBSITE, AND LINKS PROVIDED ON THIS WEBSITE.
Further, You agree that by using this Website, any claim, law suit or dispute proceeding will only be conducted on an individual basis and not in a class or representative action.
The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
20) JURISDICTION, VENUE & CHOICE OF LAW:
In the event any dispute or claim arises out of or in connection with use of this Website or Services, You agree that such a claim may only be brought in federal or state court in the State of South Carolina and waive any differences to jurisdiction or venue, including assertion of the doctrine of forum non conveniens or similar doctrine. These Terms and Conditions and any legal issues that arise out of the Terms and Conditions are governed by and in accordance with the laws of the State of South Carolina (exclusive of its rules regarding conflicts of laws).
If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
22) NO WAIVER:
In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
23) ENTIRE AGREEMENT:
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
24) MODIFICATION & VARIATION:
The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
- a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
- b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
- c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
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