TERMS AND CONDITIONS

Last Updated: December 11, 2006

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. 

The following terms and conditions (“Terms and Conditions”) govern your use of L.A. Care Health Plan’s Website (the “Website”). By accessing, viewing, or using the material on the Website, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract, and that you accept such Terms and Conditions and agree to be legally bound by them. If you do not agree to these terms and conditions, please do not use this site. 

1. Proprietary Rights.
All material contained on this Website is protected by law, including but not limited to,United States copyright law. Except as indicated, L.A. Care Health Plan is the owner of the copyright of the entire content (including images, text, documents and look and feel attributes) ofwww.lacare.org and reserves all rights in that regard. Removing or altering the copyright notice on any material on the Website is prohibited. L.A. Care Health Plan also owns a copyright for this Website as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of Website content. Any commercial use of Website content is prohibited without the prior written consent of L.A. Care Health Plan.  Modification of any L.A. Care Health Plan content for any commercial use is a violation of L.A. Care Health Plan’s copyright, service mark, and other proprietary rights. Use or misuse of these trademarks, service mark or logos is expressly prohibited and may violate federal and state law.

2. No Solicitation or Offer.
This Website is designed to provide general information about L.A. Care Health Plan, its products and services, and its Member Plans. Information on the Website is not intended to constitute an offer to sell or a solicitation of any particular product or service.

3. No Medical Services or Advice.
Nothing contained, expressed or implied on the Website is intended as nor shall be construed as medical advice. No doctor-patient relationship is established between L.A. Care Health Plan and you by reason of your use of this Website or under any circumstances whatsoever. Individual inquiries about medical issues, or sensitive or confidential matters should be addressed to appropriate health care professionals.

4. No Legal Advice.
Nothing contained, expressed, or implied on this Website is intended as, nor shall be construed or understood as, legal advice, guidance, or interpretation. No attorney-client relationship is established between L.A. Care Health Plan and you by reason of your use of this Website or under any circumstances whatever. The information on this Website if for general informational purposes only. If you have questions about any law, statute, regulation, or requirement expressly or implicitly referenced on this Site, you should contact your own legal counsel.

5. Non-Secure Transmissions

Please be advised that any communication or material transmitted to L.A. Care Health Plan via www.lacare.org or Internet electronic mail is sent via non-secure transmissions, including personal information such as your address or social security number. To ensure private and personalized attention, you may contact L.A. Care Health Plan by telephone at (213) 694-1250, or write us at L.A. Care Health Plan, 555 West Fifth Street 29th Floor, Los Angeles, California 90013, Attn. Web Team.

6. Privacy Policy.
L.A. Care Health Plan has a Privacy Policy disclosing what information we collect about visitors, how we use such information, the steps we take to secure such information, how you can view and correct such information, and how you can decline to have information about you collected or used. Click here to view the Privacy Policy, which is incorporated by reference, as if set forth fully herein.

7. Disclaimer of Warranty and Liability.

Use of this Website is entirely at your own risk. Neither L.A. Care Health Plan nor its affiliates are responsible for the consequences of reliance on any information contained in or submitted to the Website, nor do we guarantee that this Website will be error-free and continuously available. The risk of injury from the forgoing rests entirely with you. These materials are provided “as is” without warranty of any kind, either expressed or implied. L.A. Care Health Plan shall not be liable for any direct, special, indirect, incidental, consequential, or punitive damages, including lost revenues or lost profits which may result from the use of, access to, or inability to use these materials.

8. Third Party Content.

L.A. Care Health Plan is not responsible and shall not be liable for the contents of Content posted to the Website by visitors or persons other than L.A. Care Health Plan employees. Opinions or comments contained in Content reflect the views of the author and not of L.A. Care Health Plan unless L.A. Care Health Plan expressly states to the contrary.

9. Corrections and Changes.
While we endeavor to keep the materials on the Website up to date, L.A. Care Health Plan cannot assume responsibility for any errors or omissions in these materials. L.A. Care Health Plan further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. L.A. Care Health Plan may make changes to these materials, or to the products or services described herein, at any time without notice, and makes no commitment to update the information contained herein.

10. Account Security.
You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You are responsible for changing your password if you feel that your account has been compromised.You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Website. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. Please note that anyone able to provide your personally identifiable information will be able access your account so you should take reasonable steps to protect this information. We have the right to provide user billing, account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or organization).

11. Inappropriate Material.
You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the Website though the Website or through Voice computer systems is expressly prohibited by these Terms and Conditions. Any such unauthorized use of our computer systems is a violation of these Terms and Conditions and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

12. Access and Interference.
You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.

13. Indemnification.
You agree to defend, indemnify, and hold harmless L.A. Care Health Plan, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney’s fees and litigation expenses) relating to or arising from your use of the Website and any breach by you of these Terms and Conditions.

14. Links to Other Websites.
This Website may, from time to time, contain links to other Internet Websites for the convenience of users in locating information and services that may be of interest. Visitors to the Website acknowledge that these third-party sites are maintained by persons or organizations over which L.A. Care Health Plan exercises no control, and L.A. Care Health Plan expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites. L.A. Care Health Plan does not control, endorse, promote, or have any affiliation with any other Website unless expressly stated in the Website.

15. Web Links to This Website.

You may establish a hypertext link to this Website from your Website, so long as the page containing the link properly attributes the linked Website to L.A. Care Health Plan and does not state or imply any sponsorship of your Website by L.A. Care Health Plan. We may revoke this permission at any time. Without prior written consent of L.A. Care Health Plan, you may not create a link to this Website that incorporates or relies upon, in whole or in part, any content from any page on this Site, or that incorporates any copyrighted or otherwise intellectual property of the L.A. Care Health Plan.

16. Jurisdiction.

Except as described otherwise, all materials on the L.A. Care Health Plan Website are made available only to provide information about L.A. Care Health Plan, its products and services, and its member plans. L.A. Care Health Plan controls and operates this Website from its headquarters in Los Angeles, California, United States of America, and makes no representation that these materials are appropriate or available for use in all other locations. If you use this Website from other locations you are responsible for compliance with applicable local laws.  

17. Governing Law.
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without reference to its choice of law rules. By accessing, viewing, or using the material on the Website, you consent to the jurisdiction of the federal and state courts presiding in Los Angeles, California, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.  

18. Communications With Our Website.
If you have any questions about these Terms and Conditions, the practices of this Website, or your dealings with this Website, please contact:

Web Team
L.A. Care Health Plan
555 W. Fifth Street, 29th Floor
Los Angeles, CA  90013
mdelamare@lacare.org

L.A. Care Health Plan welcomes your feedback and suggestions about how to improve our products and services and this Website.

By transmitting any suggestions, information, material, or other content (collectively, “Content”) to L.A. Care Health Plan, you automatically grant L.A. Care Health Plan the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. Further, L.A. Care Health Plan is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this Website for any purpose whatever, including but not limited to creating and marketing products and/or services using such information.

19. Changes to Terms and Conditions.

L.A. Care Health Plan may amend these Terms and Conditions from time to time. Such changes will be publicly posted in this area of the Website.

These Terms and Conditions constitute the entire agreement between you and L.A. Care Health Plan with respect to your use of the Website. If any part of these Terms and Conditions is held to be invalid or unenforceable for any reason, the remaining parts will remain in full force and effect. You acknowledge that, in providing you access to and use of the Website, L.A. Care Health Plan has relied on your agreement to be legally bound by these Terms and Conditions.

L.A. Care Health Plan reserves the right to terminate your access to the Website in the event that you violate these Terms and Conditions.