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Provider Connect Registration - Terms of Service Agreement

HEALTH PARTNERS SERVICES ARE USED IN MAKING INFORMATION AVAILABLE TO YOU ON THIS SITE ("SERVICES") AND INCLUDE CONFIDENTIAL AND/OR PROPRIETARY MATERIALS THE USE OF WHICH IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, AS AMENDED FROM TIME TO TIME UPON NOTICE FROM HEALTH PARTNERS, WHICH NOTICE MAY BE PROVIDED TO YOU ON THE PAGES THROUGH WHICH YOU ACCESS OR USE THE SERVICES.  PROCEEDING WITH THE USE OF THE SERVICES, OR THE CONTINUED USE OF THE SERVICES AFTER RECEIVING NOTICE OF ANY CHANGES, CONSTITUTES YOUR ASSENT TO AND ACCEPTANCE OF THE USER AGREEMENT.   IF YOU DO NOT AGREE WITH ALL THE TERMS, YOU MUST NOT USE THE SERVICES!

HEALTH PARTNERS OF PHILADELPHIA, INC.
USER SERVICES AGREEMENT
 
This User Services Agreement ("Agreement") is an agreement between you, an individual or an individual acting on behalf of your employer, a corporation, partnership, or other legal entity that will be using Health Partners Provider Connect services ("User" or "you") of Health Partners of Philadelphia, Inc., ("Company" or "we" or "us").   Company is the owner of the web site through which you have requested Health Partners Provider Connect services, as described below (the "Services"), include proprietary materials, the use of which is subject to the terms and conditions of this Agreement.  This Agreement comprises the entire agreement between you and Company and supersedes any prior agreements pertaining to the subject matter contained herein. 
 
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS 
Welcome to Health Partners' Provider Connect system!   Provider Connect provides service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.  Amendments may be published from time to time by Health Partners, all of which are hereby incorporated by reference.  In addition, when using these services, you are subject to any posted guidelines or rules which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

2. DESCRIPTION OF SERVICE
Health Partners' Provider Connect system provides Health Partners' participating network providers with access to multiple resources, including, various health information, membership detail, communications tools, and any other services we may elect to provide on behalf of our users in the future (the "Service(s)"). You also understand and agree that the service may include certain communications from Health Partners such as service announcements, administrative messages and provider newsletters, and that these communications are considered part of your membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Health Partners assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.  Additionally, Health Partners reserves the right to delete any User's account if such User does not access such account for a period of sixty (60) consecutive days.  You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of Services.  In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. YOUR REGISTRATION OBLIGATIONS - ACCOUNT - PASSWORDS - SECURITY 
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also represent that you have the authority to act on behalf of any organization for whom you are employed, engaged, performing services or otherwise acting with or for, either directly or indirectly.  You also agree to: (a) provide true, accurate, current and complete information about yourself as needed to effectuate registrations and (b) maintain and promptly update the such information to keep it true, accurate, current and complete.   If you provide any information that is untrue, inaccurate, not current or incomplete, or Health Partners has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Health Partners has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). 
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Health Partners of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.  
You will be asked to use a user name.  User agrees to choose a user name which is unique, not obscene, unlawful, or otherwise objectionable, in Health Partners' sole discretion.   Health Partners' shall own User's complete user name.  User will receive a designated password and account upon completing the registration process for the Services.  You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities (whether by you or by others) that occur under your password or account.  User agrees to immediately notify Health Partners of any unauthorized use of User's password or account or of any other breach of security.  Health Partners will not be liable for any loss or damage arising from your failure to protect your user information, including your password or account information.

4. PRIVACY POLICY 
Registration information and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.healthpart.com.
USER CONDUCT 
You agree to not upload, post, email, or otherwise transmit or make available through the Services: (a) any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortuous, libelous,  hateful, or racially, ethnically or otherwise objectionable material of any kind; (b) any material that violates the rights of another, including, but not limited to, the intellectual property rights of another; (c) any material that violates any applicable local, state, national, or international law or regulation; (d) impersonation of any person or entity, including but not limited to a Health Partners official, leader, guide, host or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) unsolicited or unauthorized advertisements, promotional materials, "junk mail," "spam," "chain letters," or other forms of solicitation; (f) forge headers or otherwise manipulate identifiers to disguise the origin of any data transmitted through the Services; (g) any material that contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit functionality of software, hardware or equipment; or (h) collect or store personal data about other users.
You further agree to not attempt to gain unauthorized access to other computer systems or networks connected to the Services; You acknowledge and agree that Health Partners may ban your future use of the Services if you do not comply with Health Partners' standards of conduct, even if you attempt to use the Services through another client or under a different name. Furthermore, User acknowledges and agrees that Health Partners may recover damages from User if User violates these terms.
 
6. INDEMNITY 
You agree to indemnify and hold Health Partners, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of any other party.

7. NO RESALE OF SERVICE 
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Health Partners password I.D.), use of the Service, or access to the Service.

8. MODIFICATIONS TO SERVICE 
Health Partners reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Health Partners shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

9. TERMINATION 
You agree that Health Partners may, under certain circumstances and without prior notice, immediately terminate your Health Partners account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. 
Termination of your Health Partners account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Health Partners' sole discretion and that Health Partners shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

10. RE-USE OF CONTENT AND LINKS 
All content on Health Partners' site, unless specifically stated otherwise, is not in the public domain and may not be reused without explicit approval or permission. 
No Health Partners endorsement is implied by links to our website from other organizations.  And, although the Health Partners' web site includes links providing direct access to other Internet sites, Health Partners takes no responsibility for the content or information contained on those other sites, and does not exert any editorial or other control over those other sites. Health Partners will remove any link from this site upon written request from the linked entity.
Health Partners is providing information and services on this site as a benefit to our participating providers. The information and services on this site are provided solely for general illustration and instructional purposes and do not create a business or professional services relationship. While all reasonable attempts are made to ensure the accuracy of the information, neither Health Partners nor its information contributors make any express or implied representations or warranties about the accuracy of this information and these services for any purpose or the suitability of this information or these services for use. It is provided with the understanding that the publisher is not engaged in rendering legal or other professional services.
Certain areas of the site allow for the exchange of information between users accessing the site and Health Partners. Users that submit information to Health Partners grant Health Partners the authority and right to use any submission in any way, and by such submissions warrant and represent to Health Partners that such submissions are not in violation of United States copyright laws.

11. HEALTH PARTNERS' PROPRIETARY RIGHTS 
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Health Partners or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the software, in whole or in part.
Health Partners grants you a personal, non-transferable and non-exclusive right and license to use the Provider Connect system; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Health Partners for use in accessing the Service.

12. DISCLAIMER OF WARRANTIES 
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 
A.	USE OF THE SERVICES IS AT USER'S SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
B.	HEALTH PARTNERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
C.	HEALTH PARTNERS MAKES NO WARRANTY THAT THE SERVICES WILL (I) MEET USER'S REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE  OR RELIABLE; (IV) ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
D.	ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
E.	NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HEALTH PARTNERS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
 
13. LIMITATION OF LIABILITY
 
(a) USER AGREES THAT HEALTH PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, OR FROM MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
(b) USER FURTHER AGREES THAT HEALTH PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
 
 
14. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.

15. NOTICE 
Health Partners may provide you with notices, including those regarding changes to the TOS, by either e-mail, regular mail, or postings on the Service.

16. TRADEMARK INFORMATION 
All images, text, programs, and other materials posted on this site are subject to copyrights owned by Health Partners of Philadelphia, Inc. ("Health Partners") and other individuals or entities and are protected by United States copyright laws. Any reproduction, retransmission, distribution or republication of all or part of any images, text, programs, and other materials found on this site is expressly prohibited, unless Health Partners or the copyright owner of the material has expressly granted its prior written consent to so reproduce, transmit, or republish the material. All other rights reserved. The Health Partners' Provider Connect system is intended to be maintained in a manner consistent with United States copyright laws. Accordingly, users should not submit copyrighted material unless the copyright owner of the material has expressly granted its prior written consent to such submission.
All trademarks, service marks and logos referred to or appearing on this site are the property of their respective owners. The names, trademarks, service marks and logos of Health Partners appearing on this site may not be used in any advertising or publicity, or otherwise to indicate Health Partners' sponsorship of or affiliation with any product or service, without Health Partners' prior express written permission.

17. AMENDMENT
Company may modify this Agreement at any time, and such modifications shall be effective immediately upon posting or other method of notification to User, which notice may be provided on the Web pages through which User accesses or uses the Services. User's continued access or use of the Services shall be deemed to be User's conclusive acceptance of the modified Agreement.
 
18. GENERAL INFORMATION 
Entire Agreement. The TOS constitute the entire agreement between you and Health Partners and govern your use of the Service, superceding any prior agreements between you and Health Partners. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Health Partners services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and Health Partners shall be governed by the laws of the Commonwealth of Pennsylvania.  You and Health Partners agree to submit to the personal and exclusive jurisdiction of the courts located within Pennsylvania.
Waiver and Severability of Terms. The failure of Health Partners to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Health Partners account is non-transferable and any rights to your Health Partners I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
 Headings.  The section titles in the TOS are for convenience only and have no legal or contractual effect.

19. VIOLATIONS
Please report any violations of the TOS to our Special Investigation Unit at 1-866-HP-SIU-4U or 1-866-477-4848.

USER HAS READ AND UNDERSTANDS THE FOREGOING AGREEMENT AND AGREES TO BE BOUND BY ALL OF ITS TERMS.

215-991-4350 • Provider Helpline • 1-888-991-9023

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