SCAN HEALTH PLAN Terms of Use

Effective Date: November 1, 2018

THESE TERMS INCLUDE DISCLAIMER OF WARRANTIES (Section 16), LIMITATION OF LIABILITY (Section 17), AND JURY WAIVER, CLASS ACTION WAIVER, AND ARBITRATION OF DISPUTES (Section 21).

1. General; Your Agreement to these Terms
Welcome to the websites, apps, social media pages, and other online or mobile locations and services owned and operated by or on behalf of SCAN Health Plan (the "Websites"). All references to "SCAN," "we" or "our" in these Terms of Use include SCAN Health Plan and/or any other entities that may be affiliated with it, as appropriate based on context, unless otherwise stated. This policy applies to our interactions with you and all of our products and services.

Please carefully read the following Terms of Use before using the Websites. By accessing, using and/or browsing the Websites, you acknowledge that you have read, understood and agree to be bound by these Terms of Use which form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms of Use, please do not access, use or browse the Websites or any of their content.

THESE TERMS OF USE DESCRIBE CERTAIN RULES AND PROHIBITIONS THAT APPLY TO YOUR ACCESS TO, USE AND BROWSING OF THE WEBSITES, WHICH ARE SUBJECT TO THE ALL THE TERMS CONTAINED IN THESE TERMS OF USE. BY ACCESSING, USING AND/OR BROWSING ANY OF THE WEBSITES, YOU ARE AGREEING TO THESE TERMS OF USE, SCAN'S PRIVACY POLICY AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOUR PERMISSION TO ACCESS, USE AND/OR BROWSE THE WEBSITES IS AUTOMATICALLY AND IMMEDIATELY REVOKED.

Some Websites or areas of the Websites, such as specific sections offering features and functionality for caregivers, providers, agents or brokers, may be subject to additional terms and conditions that will be specified in those Websites or sections.

2. No Medical Advice
The information contained in the Websites is not meant to replace the advice of or treatment by health care professionals. Always contact a qualified health care professional for any medical symptoms or medical conditions. Never disregard professional health care advice or delay in seeking it because of something you have read on the Websites.

If this is an emergency, call 911 or go to the nearest hospital.

3. Updates and Changes
SCAN may make changes or updates to the Websites or these Terms of Use from time to time, without prior notice to you. Any changes or updates to these Terms of Use will be effective when posted on the Websites and apply to your access, use and browsing of the Websites on and after the Effective Date. Accordingly, you should check these Terms of Use regularly for changes and updates. You can determine when these Terms of Use were last revised by referring to the Effective Date at the top of this page. Each time you access, use or browse the Websites, you signify your acceptance of and continued agreement to the then-current Terms of Use.

4. Permitted Users
The Websites are directed to persons 18 years of age or older, and are not directed to persons under 18 years old. The Websites and SCAN do not knowingly collect information from persons under age 18.

5. Use of Websites
You acknowledge and agree that, as between SCAN and you, all right, title and interest in and to the Websites and all materials on the Websites, including, without limitation, the text, graphics, logos, icons, images, information, material, content, design, layout, and organization (collectively, the "Material"), and any patents, copyrights, trademarks, trade secrets, inventions, know-how and all other intellectual property rights, are owned by, and the sole and exclusive property of, SCAN or its licensors; and are valid and enforceable, and are protected by U.S. and international copyright and other laws. Any rights not expressly granted by these Terms of Use are reserved by SCAN.

You are authorized to view, print, and download Material solely for your personal, noncommercial use and solely for its intended purposes. You agree not to create derivative works of any Materials, and not to sell, lease, license, repurpose, modify, display, perform or otherwise use, including, without limitation, reproduce, duplicate, distribute, transmit, republish, copy, or exploit, the Material or derivative works thereof for any public or commercial purpose, unless specifically authorized in writing by SCAN.

You must keep all copyright and other intellectual property or proprietary notices, acknowledgements, credits, marks or logos contained on any Material printed or downloaded, and may not remove, obscure or modify such notices.

You will not use the Websites in violation of any laws including, without limitation, those pertaining to the fraud and abuse or anti-kickback provisions of the federal Medicare and Medicaid laws.

6. Trademarks
Among others, SCAN Health Plan®, SCAN®, the SCAN Apple Logo, SENIOR CARE ACTION NETWORK®, TRADING AGES®, INDEPENDENT LIVING POWER®, PERSONAL CARE PLANNER®, and FOR YOUR HEALTH AND INDEPENDENCE®, are registered trademarks of SCAN Health Plan. All other trademarks, service marks, trade names, logos, domain names, URLs and icons appearing on the Websites, registered or not, are the property of SCAN or their respective owners. You have no right or license to use any of the marks, service marks, trade names, logos, domain names, URLs and icons that appear on the Websites, other than in dealings with SCAN, without the express written permission of SCAN or the applicable owner. Unauthorized use may violate trademark and other laws. Any third party names or trademarks referenced on the Websites do not constitute or imply affiliation, endorsement or recommendation by SCAN, or of SCAN by the third parties.

7. Links and Linking Policy
The Websites may display or link to content that SCAN does not own or control, which is provided solely as a convenience to you. These linked websites are operated by third parties and the links, content, products and/or services provided thereon are the sole responsibility of the entity that owns and operates them. You should review the privacy policy and any terms of use of each third party website you visit. Your use of the linked websites is at your own risk. Unless specified otherwise, links to third party websites do not constitute or imply responsibility for or endorsement by SCAN of those websites, the information they contain or any products or services they describe. SCAN does not receive payment or other remuneration in exchange for your clicking on a link. SCAN may revoke its permission for any link at any time.

8. Products and Services Offerings
Any product and/or services descriptions provided on the Websites is not intended to constitute any offers to sell or solicitations in connection with any product or service. All products may not be available in all areas and may be subject to applicable regulations and in some instances may be offered only through employers or other plan sponsors. Specific products may not be available in both self-funded and insured forms.

Covered services and preferred benefits are provided under the terms of the applicable plan contract, including any limitations and exclusions.

Anyone interested in a particular product should contact their SCAN representative to determine whether the product and/or service is available in their area, and to request a copy of the applicable policy for a complete description of the product and/or service in question.

9. Passwords and Accounts
Certain sections and/or features of the Websites may require you to create an online account in order to access information or features of the Websites. To do so, you may be asked to confirm your consent to these Terms of Use and the Privacy Policy, and to enter your information such as first and last name, date of birth, SCAN member ID and email address. In addition, you may be asked to create a password and username, and to answer security questions or provide other information to protect the security of your account ("Account Details"). Your Account Details are the property of SCAN and will be used by SCAN to administer your account.

You are solely responsible for controlling your Account Details, for maintaining their confidentiality, and for authorizing, monitoring and controlling access to and use of your account, whether by you or others. You are prohibited from distributing, providing or otherwise making available your Account Details to any third party and are responsible for all activities that occur under your account. You agree to log out of your account at the end of each session, and to notify webmaster@scanhealthplan.com immediately of any unauthorized use of your account or of any need to deactivate your account. You authorize SCAN to act on the instructions received through use of your Account Details, and acknowledge and agree that SCAN is not liable for any loss or damage arising from your failure to comply with this Section.

10. User Conduct
The Websites may have facilities that allow you and others to post, share, email, transmit or otherwise make available submissions via a Website to communicate with SCAN and other users. You understand that your submission of any text, photos, videos, graphics, survey responses, views or links (collectively, “User Submissions”) to the Websites may be or become available to others. You agree to post and send only materials and messages that are appropriate and related to the discussion or purpose of the Website and in compliance with these Terms of Use or other applicable terms. You, and not SCAN, are responsible for compliance with all terms, policies, laws, regulations and ordinances in connection with your use of the Websites.

You agree not to engage in any of the following activities in connection with your use of the Websites:

(a) circumventing, modifying or interfering with; attempting to circumvent, modify or interfere with; or encouraging or assisting any other person in circumventing, modifying or interfering with any security measures, technology or software that is part of the Websites;

(b) any activity that involves the use of software viruses, worms, spyware or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or otherwise permit the unauthorized use of or access to a computer or a computer network;

(c) any automated use of the Websites;

(d) damaging, disabling, disrupting, overburdening or impairing the Website or interfering with any other party’s use and enjoyment of the Websites;

(e) taking any steps to interfere with, or in any manner compromise, any security measures employed by the Websites;

(f) engaging in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining information from the Websites; or

(g) attempting to decompile, reverse engineer, disassemble, modify, hack or create derivative works from the Websites or defeat or overcome any encryption and/or digital rights management technology implemented with respect to the Websites.

SCAN reserves the right to investigate and take appropriate legal action against anyone who, in SCAN’s sole discretion, violates this Section, including without limitation reporting a user to law enforcement authorities and terminating or suspending a user’s right to use the Websites.

11. User Submissions
A Website user who submits any User Submission is solely responsible for that User Submission. Disclosure, use of or reliance on User Submissions by others is entirely at your own risk. SCAN does not endorse or verify any User Submission, and is not liable in any way for any User Submission.

SCAN may but has no obligation to pre-screen User Submissions, and may refuse, edit, modify, delete and/or move any User Submission in its sole discretion. SCAN is not liable in any way for such removal.

By using the Websites, you may be exposed to User Submissions that are inaccurate or that you find offensive or objectionable. You agree that you will not rely on any User Submission and that you bear all risks from exposure to or use of any User Submission.

By making any User Submission, you represent and warrant that (i) your User Submission is truthful and is your own original work; (ii) you own all right, title and interest in your User Submission, including copyrights; (iii) you and any other person mentioned or shown in your User Submission are 18 years old or older, and you, they, and your and their representatives, agents, heirs, executors and assigns, grant SCAN the rights described hereunder, and release all claims concerning SCAN’s or its designees’ use, modification or distribution of the User Submission; (iv) your User Submission does not violate any applicable laws or regulations, or the terms or rules of any platform, does not include any confidential or private information of any third party, and does not infringe or violate any other person's or entity's rights; (v) your User Submission does not contain any automated devices, bots, viruses, scripts, or any similar software, or any commercial or marketing material. You further represent and warrant that you have not been and will not be paid or compensated by anyone else for posting your User Submission, and no third party agent, manager or anyone else is entitled to be paid or compensated as a result of your User Submission.

By making any User Submission, you grant the SCAN Parties (defined in Section 17 below) an irrevocable, assignable, sub-licensable, worldwide, royalty-free, fully paid-up, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform and publicly display your User Submission, along with your name or username or a fictitious name and place of residence, caption, text, tags, or any part thereof, in SCAN’s discretion, and to use or incorporate the User Submission into other advertising, promotion, research, analysis or other materials in any format or medium now known or later developed. You hereby waive any right to inspect such use and any claims based on privacy, publicity, defamation, misappropriation, intellectual property or other claims for any use of User Submission.

On behalf of yourself and your representatives, agents, heirs, executors, administrators and assigns, you hereby release the SCAN Parties from and against all claims, damages, losses, injuries, death or liability of any kind arising from or relating, in whole or in part, directly or indirectly, to your User Submissions or its use pursuant to these Terms. You acknowledge that you are familiar with the provisions of California Civil Code § 1542, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Being aware of said code section, you hereby expressly waive any rights you may have thereunder, as well as any other statute or common law principles of similar effect.

12. Caregiver Access
SCAN allows you to authorize a designated adult caregiver to become an authorized user of your online account or to have a legal guardian (each, a "Caregiver"). To designate a Caregiver, you may be asked to provide certain information regarding such individual, such as the first and last name of the proposed Caregiver, and an email address for the proposed Caregiver. You represent that you have permission from the individual to share information about them with SCAN for the purpose of designating them as a Caregiver. If you provide the requested information, the individual designated therein will receive an email from SCAN notifying them of your designation as your Caregiver. SCAN also may designate an individual as your Caregiver, if such individual is your legal guardian. To create an online account, the Caregiver may be asked confirm his or her consent to these Terms of Use and Privacy Policy, and to provide certain information, which may include the Account Details and other information specified in Section 9 above. Once the Caregiver successfully creates an online account or gains access to your existing online account, such Caregiver will have the ability to view your member information and other information as it appears on your online account, and to manage certain aspects of your online account. SCAN reserves the right to qualify, remove or add credentials for Caregivers at any time.

13. Termination
SCAN may, at its sole discretion, immediately and without notice, suspend or terminate your use or any user's use of the Websites or any portion thereof, including, without limitation, your online account, or block your or any user's access to information available via the Websites, at any time for any reason. You agree that SCAN shall not be liable to you or any third party for any such suspension or termination.

14. Accuracy of Information
Although SCAN periodically validates and maintains the Websites, SCAN makes no guarantees as to their correctness, completeness, or accuracy. The Websites may contain typographical errors, inaccuracies, or other errors or omissions. Unauthorized additions, deletions, or alterations could be made to the Websites by third parties without our knowledge. If you believe that information found on the Websites is inaccurate or unauthorized, please inform us by contacting webmaster@scanhealthplan.com.

15. Privacy and Security
The privacy and security of your protected health information is very important to us. For more information, please review SCAN's Notice of Privacy Practices to understand SCAN's practices regarding the privacy and security of your protected health information.

SCAN also recognizes the importance of protecting information about you that is collected or acquired through the Websites. For more information, please review SCAN's Privacy Policy, to understand our practices regarding the treatment of information about you that is collected or acquired through the Websites. If you do not agree with the Privacy Policy, you are not authorized to use the Websites. The terms of the Privacy Policy are incorporated herein by this reference.

16. Disclaimer
THE WEBSITES (INCLUDING, WITHOUT LIMITATION, ANY MATERIAL, AND ALL RELATED PRODUCTS AND SERVICES) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCAN AND ITS SUPPLIERS, VENDORS, LICENSORS, AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, FREEDOM FROM COMPUTER VIRUS, FREEDOM FROM ERRORS, UNINTERRUPTED AVAILABILITY, NON-INFRINGEMENT, OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that any Material or access to the Websites is free of viruses or other harmful code. The Websites and Material are provided for informational purposes only, for your review and evaluation.

Please note that once you leave the Websites, either by using a link SCAN may provide or by specifying your own destination, SCAN accepts no responsibility for the content, products and/or services provided at any third-party locations or websites. SCAN does not control, endorse, promote or have any affiliation with any other website unless expressly stated on the Websites. You acknowledge and agree that SCAN shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with access to, use of or reliance on any content, material or information available on or through any other website or resource.

17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCAN OR ITS SUPPLIERS, VENDORS, LICENSORS OR RELATED PARTIES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "SCAN PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON PERSONAL INJURY, BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITES, THE USE OR PERFORMANCE OF THE WEBSITES, ANY DELAY OR INABILITY TO USE THE WEBSITES, OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY INFORMATION, SERVICES, PRODUCTS, MATERIAL, OR OTHER RESOURCES CONTAINED ON OR ACCESSIBLE THROUGH THE WEBSITES (EACH OF THE FOREGOING INCLUDING, WITHOUT LIMITATION, ANY MATERIALS AND ALL WEBSITE RELATED PRODUCTS AND SERVICES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SCAN PARTIES DISCLAIM ALL SUCH LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS OF USE AND THE WEBSITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. The Disclaimer and Limitation of Liability shall be to the maximum extent permitted by applicable law.

18. Copyright Infringement Claims
SCAN respects the intellectual property of others. If you believe that your work has been copied on the Websites in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Websites (providing URL(s) in the body of an email is the best way to help SCAN locate content quickly);
4. your name, address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or authorized to act on the copyright owner's behalf.
Such information should be sent to the following email address: webmaster@scanhealthplan.com

19. Modifications to this Website
SCAN reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Websites, or any portion thereof, with or without notice. You agree that SCAN will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Websites.

20. Notice Required by California Law
Pursuant to California Civil Code Section 1789.3, users are entitled to the following specific consumer rights notice:

The name and address of the provider of the Websites is SCAN Health Plan, 3800 Kilroy Airport Way, Long Beach, California, 90806, Attn: Digital Strategy Webmaster, (800) 559-3500. Complaints regarding the Websites or Material or requests to receive further information regarding use of the Websites or Material may be sent to the above address or to webmaster@scanhealthplan.com .

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.

21. Governing Law and Disputes; CLASS ACTION WAIVER; ARBITRATION
You agree that any dispute between you and SCAN arising out of or relating to these Terms of Use, the Privacy Policy, the Websites or any Material will be decided only by arbitration, individually and not on a class-wide basis. You knowingly waive any right to participate in any form of "class," "joint" or "representative" litigation (including in any "private attorney general capacity") against SCAN. The laws of the State of California, U.S.A., without regard to choice of law principles, shall apply to any dispute between us, except as to matters relating to arbitration, which shall governed by the Federal Arbitration Act. Any arbitration will be administered by the American Arbitration Association and will take place in Los Angeles County, California, U.S.A.

The Websites are controlled within the United States of America and directed to individuals residing in the United States. Those who choose to access the Websites from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. SCAN does not represent that the Websites or Material are appropriate outside the United States of America. SCAN reserves the right to limit the availability of the Websites to any person, geographic area or jurisdiction at any time in its sole discretion.

22. Social Media
SCAN's social media sites, include, without limitation, facebook.com/scanhealthplan , twitter.com/scanpolicy , and www.youtube.com/user/SCANHealthPlan .

23. Force Majeure
SCAN shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including, without limitation, Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials.

24. Miscellaneous
These Terms of Use and Privacy Policy set forth the entire understanding and agreement between you and SCAN with respect to the subject matter hereof. If any provision of these Terms of Use or Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use or Privacy Policy shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. SCAN's failure to act with respect to any failure by you or others to comply with these Terms of Use or Privacy Policy does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer these Terms of Use or Privacy Policy or your rights or obligations under these Terms of Use or Privacy Policy without the prior written consent of SCAN, and any assignment or transfer in violation of this provision shall be null and void. There are no third party beneficiaries to these Terms of Use or Privacy Policy.

25. Questions?
Please direct any questions you may have about these Terms of Use, technical questions or problems with the Websites, or comments or suggestions to SCAN at webmaster@scanhealthplan.com.