Conditions of Use & My Privacy
Please read these Conditions of Use
carefully before using this Web site.
By using this site, you agree to these terms of use. If you do not agree to these terms of use, please do not use this site. AvMed
reserves the right to change the terms, conditions, and notices regarding this Web site without notice. You are responsible for regularly
viewing these terms and conditions. Your continued use of this Web site constitutes your agreement to such terms, conditions, and
notices.
Privacy statement for AvMed's Web Site:
AvMed Health Plans has created a privacy statement in order to demonstrate our firm commitment
to privacy. Our information gathering and dissemination practices for this Web site are disclosed there. See the
privacy statement for disclosures relating to collection and use of your information.
Restrictions on use:
This site is owned and operated by AvMed. Any activity on this site is subject to monitoring by AvMed at any time. Anyone who uses
this site consents to such monitoring and agrees that AvMed may use the results of such monitoring without limitation. No material
from this Web site or any Web site owned, operated, licensed or controlled by AvMed or any of its related, affiliated companies, may
be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of
AvMed. Modification of the AvMed material or use of the AvMed material for any other purpose is a violation of AvMed's copyright,
service mark, and other proprietary rights. It is a condition of your use of this Web site that you do not restrict or inhibit any
other user from using this Web site. Unless otherwise specified, this Web site is for your personal and non-commercial use. You may
not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or
sell any information, software, products or services obtained from this Web site.
No unlawful or prohibited use:
As a condition of your use of this Web site and any AvMed service(s), you will not use this Web site or any AvMed services for any
purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this Web site or any AvMed service(s)
in any manner which could damage, disable, overburden, or impair any AvMed service(s) or interfere with any party's use and enjoyment
of this Web site or any AvMed service(s). You may not attempt to gain unauthorized access to any AvMed service(s), other accounts,
computer systems or networks connected to this Web site or any AvMed service(s) through hacking, password mining or any other means.
You may not obtain or attempt to obtain any materials or information through means not intentionally made available through the AvMed
service(s).
Limitation of liability:
Under no circumstances, including, but not limited to, negligence, shall AvMed or any of its related, affiliated companies be liable
for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to
use the AvMed material. You specifically acknowledge and agree that AvMed is not liable for any defamatory, offensive or illegal conduct
of any user. If you are dissatisfied with any of the AvMed material, or with any of AvMed's terms and conditions, your sole and exclusive
remedy is to discontinue using this Web site.
Disclaimer:
AvMed makes no warranties or representations as to the accuracy of the content on this site and AvMed assumes no liability or responsibility
for any errors or omissions in the content on the site.
The material is provided "as is" and without warranty of any kind, either expressed or implied, including, but not limited to, the
implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement, and AvMed
hereby disclaims all of the foregoing. Further, AvMed does not warrant that the functions contained in the AvMed materials will be
uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses
or other harmful components. AvMed does not warrant or make any representations regarding the use or the results of the use of the
AvMed materials in this site in terms of their correctness, accuracy, timeliness, reliability or otherwise. AvMed makes no representations
about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information,
products, services and related graphics contained within this Web site or the AvMed service(s) for any purpose. You (and not AvMed)
assume the entire cost of all necessary maintenance, repair or correction.
To the fullest extent permissible pursuant to applicable law, AvMed disclaims all warranties, express or implied, including, but not
limited to, implied warranties of merchantability and fitness. AvMed does not warrant or make any representations regarding the use
or the results of the use of the third party materials in the third party sites in terms of their correctness, accuracy, timeliness,
reliability or otherwise. You (and not AvMed) assume the entire cost of all-necessary maintenance, repair or correction.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply
to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
While we try to keep the information on this Web site as accurate as possible, we disclaim any implied warranty or representation
about its accuracy or completeness, or appropriateness for a particular purpose. You assume full responsibility for using the information
at this site, and you understand and agree that AvMed Health Plans is neither responsible nor liable for any claim, loss, or damage
resulting from its use. The mention of specific products or services at this site does not constitute or imply a recommendation or
endorsement by AvMed Health Plans, unless it is explicitly stated.
Information on this Web site may be changed or updated without notice. Information may be out of date at any given time since AvMed
Health Plans has no obligation to update information presented on this Web site. AvMed Health Plans may also make improvements and/or
changes in products and/or services described in this information at any time without notice.
You specifically agree that AvMed shall not be responsible for unauthorized access to or alteration of your transmissions or data,
any material or data sent or received or not sent or received, or any transactions entered into through this Web site. You specifically
agree that AvMed is not responsible or liable for any content or conduct of any other party or any infringement of another's rights,
including intellectual property rights.
In no event shall AvMed and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages
or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising our of or in any way connected
with the use of performance of this Web site or the AvMed service(s), with the delay or inability to use this Web site or the AvMed
service(s) or related services, or for any information, products, services and related graphics obtained through this Web site or
AvMed service(s), whether based on contract, tort, negligence, strict liability or otherwise.
Site visitorship data:
AvMed Health Plans routinely gathers data on Web site activity, such as how many people visit the site, the pages they visit, where
they come from, how long they stay, etc. The data are collected on an aggregate, anonymous basis, which means no personally identifiable
information is associated with the data. These data help us improve site content and overall usage. This information is not shared
with other organizations.
Collecting and using personal information:
AvMed Health Plans only collects personally identifiable information from site visitors when site visitors voluntarily and explicitly
provide it. This information is collected when site visitors send us e-mail, submit a Member Status Change Form, submit a Web site
Visitor Survey, or submit a Newsletter Registration. This information is used to determine what the issues are, enable us to contact
our members / prospective members, and service them in an expedient manner.
Linking to other Web sites:
This site contains links to other sites. AvMed has no control over the content or the availability of these sites, and is not responsible
for the privacy practices or the content of such Web sites. AvMed has provided links and pointers to Internet sites maintained by
third parties ("third party sites") and may from time to time provide third party materials on this site. Neither AvMed nor its related,
affiliated companies operate or control in any respect any information, products or services on these third party sites. The third
party materials in this site and the third party sites are provided "as is" and without warranties of any kind either expressed or
implied.
General:
These terms and conditions are governed by the laws of the State of Florida, U.S.A. You hereby irrevocably consent to the exclusive
jurisdiction and venue of courts in Alachua County, Florida, U.S.A., in all disputes arising out of or relating to use of this Web
site or the AvMed service(s). You agree that no joint venture, partnership, employment, or agency relationship exists between you
and AvMed as a result of this agreement or use of this Web site or the AvMed service(s). You agree to indemnify and hold AvMed, its
parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys'
fees asserted by any third party due to or arising our of your use of or conduct on this Web site or the AvMed service(s). If any
part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed
superceded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the
agreement shall continue in effect. Unless otherwise specified herein, these terms and conditions constitute the entire terms and
conditions with respect to the this Web site or the AvMed service(s) and supercede all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and AvMed with respect to this Web site or the AvMed service(s).
Contacting our Web site:
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact
AvMed Health Plans by e-mail through this Web site or by completing a Web Site Visitor Survey. Comments or questions sent to us via
e-mail will be shared with the staff most capable of addressing your questions and concerns. We will retain your e-mail until we have
made our best effort to provide you with a complete and satisfactory response and then we either discard it, or in some cases, archive
it.
Copyright and trademark notices:
All contents of this Web site are copyright (©) 1998-2008 AvMed. All rights reserved.
"AvMed" and/or other AvMed marks or products referenced herein are either trademarks or registered trademarks of AvMed. The names
of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
This page's layout (but not its verbiage) last modified April 25, 2006
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