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Terms of Use

 

Introduction

At times these Terms of Use (including our Privacy Policy) may be referred to as the “Terms.” Our company, Southeastern Indiana Health Organization, Inc., dba MyTruAdvantage, may be referred to as “we” or “our” or “Company”. “You,” “your” or similar terms means the user of this website together with any third parties that are being assisted by the user.

This website and all of its content (collectively, this “website” or the “Website Content”) contains general information solely for the convenience of the user. Please read and understand all of the Terms prior to your use of the website or any of the Website Content.

The Company is authorized to market and sell Medicare Advantage plans solely in certain Indiana counties (the “Service Area”). The availability or use of the Website is not, nor should it be interpreted as, an advertisement, solicitation or offer of any products or services to residents outside of the Service Area.

Website Not To Be Used For Medical Purposes

For medical emergencies you should call “911.” For all other medical needs you should consult with an appropriate medical professional and not rely upon on any of this Website Content.

None of the Website Content is, nor should it be interpreted as, medical advice. Your health care professionals are the appropriate source for the diagnosis and treatment of any medical condition you may have. Do not consider any of the Website Content as advice or assurance that any particular treatment, therapy or drug is appropriate for you.

Website readers who reside outside the United States may see information that is inapplicable to you and/or may not be available to you.

Any portion of the Website Content that addresses therapeutic and generic alternatives for certain prescription drugs is intended solely for general informational purposes, including to permit cost comparisons, and should not be considered medical or pharmaceutical advice. Please consult with your physician, pharmacist or other qualified health care professional to determine the right treatment for you.

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Terms for Use of this Website

By using this website you agree to the Terms contained on these pages. The Terms are a legally binding contract between you and the Company (that contract is sometimes referred to as the “Agreement”). We may change the Terms at any time by posting revised or supplemented terms on this website. You are advised to carefully review the Terms prior to each use of the website. If you do not agree to the Terms as they exist now or in the future you should immediately cease use of the website.

All activity on this website may be monitored by the Company. The results of that monitoring may be used by the Company in its discretion, to the full extent of applicable law.

These Terms are in addition to any other agreement between you and the Company, such as health plan coverage. The posting of Website Content by the Company and your use of the website is not intended to mean or imply that you are eligible for coverage under any plan offered by the Company.

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License to Use the Website

You have a personal, nontransferable, nonexclusive, revocable, limited license to view the Website Content, as long as you agree to and abide by the Terms of Use. This website may be used solely to gather information about the plans offered by the Company. You are permitted to print a copy of Website Content for your personal use only if all copyright and trademark notices remain in place.

Your license to use to use this website may be terminated at any time for any reason or no reason, and shall terminate immediately if you breach any of the Terms. Upon termination of this license you must stop using this website, including all Website Content, and return or destroy all copies, including electronic copies, of the Website Content in your possession or control.

Ownership of the Website

The Company owns and retains all intellectual property rights, title and interest in and to the website and the Website Content (except as may be owned by our licensors and vendors), including copyright, trademark, patent and trade secret rights. The license granted to you to use the website in accordance with the Terms does not transfer or otherwise diminish the Company’s ownership.

Certain of our vendors and third party licensors have granted permission to us to include their trademarks or logos in the Website Content. The ownership of those trademarks and logos remains with such third parties.

Restrictions Regarding Your Use of the Website

Your use of the website means that you agree to each of the following:

  • You will comply with all laws and regulations applicable to your use.
  • You will not provide any false information, including any misrepresentation of your identity.
  • You will not act in a manner that is intended to interfere, or may have the effect of interfering, with the operation of the website or changing any of the Website Content.
  • You will not access or attempt to access any portion of the website unless explicitly invited to do so.
  • You will not copy, change or create derivative works from the Website Content; however, you may print a copy of Website Content for your personal use only if all copyright and trademark notices remain in place.
  • You will not share any passwords with any third parties or use any passwords belonging or assigned to any third party.
  • You will use the website and Website Content only as explicitly permitted by these Terms.
  • You will not permit or authorize any third party to take actions related to the website that are prohibited to you.
  • You will not use this website if you are under 13 years of age, and if you are between 13 and 18 years of age you will only use this website if a parent and/or guardian agrees to these Terms on your behalf.

Website Changes

Any Website Content may be changed, supplemented or removed at any time in our sole discretion. Reasonable attempts will be made to keep all information current and accurate, but certain information, by its nature (such as the list of providers in contracted networks or the drugs on formulary tiers), will consistently change and such changes may not always be up to date. The features or descriptions of our health plans described in this website may change from time to time.

Communications From You

Any communications you make to us through the website are non-personal, non-confidential (except for personal information described in the Privacy Policies) and nonproprietary. We may use any of those communications in our sole discretion without obligation or notice to you. You hereby grant to the Company a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, modify, create derivative or collective works, transmit and distribute your communications, in whole or in part, including all intellectual property rights related to such communications.

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Posting on Website

If any portion of the website allows users to post messages, comments, or other content, please be advised that such content is the opinion of the poster and not condoned or endorsed by the Company. You should not rely upon any content posted by other users. The Company has no responsibility or liability for any content submitted by you or any other website visitor.

Please be advised that you should have no expectation of privacy with regard to any content you submit or transmit via the internet. You should not assume that you cannot be identified by your posts.

If you post any content on the website you agree that it will not (a) be profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of anyone’s privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; nor shall it violate, or facilitate the violation of, any applicable law, regulation, or intellectual property rights.

The Company may, in our sole discretion, remove any content that we determine violates these Terms or is in any way harmful to us or any third party. Even if removed, any content provided by you or any other third party may be preserved by us and accessed via backup-copy and disclosed to law enforcement or other permitted purpose.

 

You hereby grant to the Company a nonexclusive, perpetual, irrevocable, royalty-free and fully sublicensable right to use, reproduce, modify, publish, translate, create derivative works from, distribute and display, throughout the world, any content you post or material you submit to this Website. The Company and any of its sublicensees shall have the right, but not the obligation, to use the name that you submit in connection with such content. You represent and warrant that any and all content you post is accurate; that you own and possess all rights to such content; and that the posting and/or use thereof will not violate the Terms or any rights of any third party(ies). In addition, you agree that you will indemnify the Company or its affiliates for all claims resulting from any posting made by you or content supplied by you.

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Copyright Infringement - DMCA Notice

The Digital Millennium Copyright Act of 1998 (the “DMCA”) gives legal protections to copyright owners in situations where material appearing on the Internet infringes their US copyright law rights. If you have a good faith belief that any of this website’s content or material infringes a copyright owned by you, you (or your agent) may contact the Company to request that the Company remove the material or block access to it. The request should be sent to: Compliance@mytruadvantage.com; or, alternatively to: MyTruAdvantage, Attn: Compliance Department, 417 Washington St., Columbus, IN 47201. The notice must include the following information: signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed; identification of the copyrighted work that is allegedly infringed; identification of the Website Content that is allegedly infringing or the subject of infringing activity; complete contact information (name, address, telephone number, and email address) for the complaining party; a confirmation that the party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The DMCA permits a party who, in good faith, believes that a notice of copyright infringement has been wrongly filed against it to send a counter-notice. Notices and counter-notices must meet the statutory requirements of the DMCA as they may exist at the time.

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Links To Other Websites

Certain third-party websites may be accessed via a link on this website. Any information on those third-party websites is not provided or endorsed by the Company. The Company is not responsible for the content or accuracy of any third-party linked websites or for any interactions between you and those websites. You are solely responsible for your dealings with such third parties and we encourage you to read and understand their terms of use and privacy policies.

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NO WARRANTIES

THIS WEBSITE AND ALL WEBSITE CONTENT IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. THE COMPANY, TOGETHER WITH ALL THIRD PARTIES PROVIDING CONTENT, SUPPORT OR INFORMATION TO OR FOR THIS WEBSITE (COLLECTIVELY, “WEBSITE PROVIDERS”) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. INCLUDED WITHIN SUCH DISCAIMER ARE THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

NO WARRANTY IS MADE AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, CORRECTNESS, OR RELIABILITY OF ANY WEBSITE CONTENT. IN ADDITION, NO REPRESENTATION OR WARRANTY IS GIVEN REGARDING THE ACCURACY OR COMPLETENESS OF ANY PARTICULAR PLAN BENEFITS OR SCOPE OF COVERAGE DESCRIBED IN THIS WEBSITE. NO REPRESENTATION OR WARRANTY IS MADE THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE TECHNOLOGY THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU MUST TAKE ALL NECESSARY OR RECOMMENDED PRECAUTIONS TO ENSURE THAT YOUR USE OF THIS WEBSITE OR ANY OF THE WEBSITE CONTENT THAT YOU ACCESS OR DOWNLOAD IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Due to state-specific limitations on implied warranties, one or more of the above limitations may not apply to you.

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LIMITATION OF LIABILITY

NONE OF THE WEBSITE PROVIDERS SHALL BE LIABLE, WHETHER ON THEORIES OF WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE WEBSITE CONTENT. THIS INCLUDES THE WEBSITE PROVIDERS AND THEIR AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, AS WELL AS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL AND CUMULATIVE LIABILITY OF THE WEBSITE PROVIDERS, INCLUDING THEIR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $10.00 (SUBJECT TO MODIFICATION IN CERTAIN STATES). NEITHER THE WEBSITE PROVIDERS, NOR THEIR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, SHALL BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM OR ARISING IN CONNECTION WITH ANY USE OF THE WEBSITE OR WEBSITE CONTENT ARE EXCLUDED EVEN IF THE WEBSITE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND ACKNOWLEGE THAT YOU USE THIS WEBSITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR THE WEBSITE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

You grant to the Website Providers third-party beneficiary rights to enforce all limitations of warranty and liability provisions contained in the Terms.

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Governing Law

These Terms and your use of the Website are governed by the laws of the State of Indiana. Indiana law, without reference to its choice-of-law principles, shall govern any cause of action arising under or relating to your use of or access to the Website. You agree that jurisdiction and venue for any dispute you have in any way relating to your use of this Website or the Website Content shall be solely in the state and federal courts in the State of Indiana, U.S.A. You further agree and consent to the exercise of personal jurisdiction in such courts in connection with any dispute involving the Company or any of affiliated entities and their respective employees, officers, directors and agents.

Any portion of these Terms that is determined by a court of competent jurisdiction to be invalid under any applicable statute or rule of law shall be deemed omitted, but the remainder of the Agreement shall remain intact and enforceable as written.

Statute of Limitations

If you believe your use of the Website, or any Website Content, has directly or indirectly caused you harm, you must inform us in writing and provide the Company 30 days to investigate and, if appropriate, cure such harm. Such notice and cure period shall be a prerequisite to your filing of any action, claim or proceeding with any court or regulatory body. Any cause of action must be initiated by you within one year after the claim has arisen, otherwise such cause of action shall be barred and forfeited.

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Contact us

The address to contact us regarding these Terms or the Website generally is:

MyTruAdvantage
417 Washington St.
Columbus, IN 47201

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Effective date

The Effective Date of these Terms is October 1, 2020.

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Additional terms

The Terms shall continue to apply even after you leave the Website or the Agreement created by these Terms ends. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You agree to defend and indemnify any and all Website Providers and their affiliates, together with their respective officers, directors, employees, and agents, harmless from any claim, demand, or damage, including reasonable attorneys' fees, arising out of or related to your breach of the Terms or your use or misuse of the website or Website Content. Your rights or obligations under this Agreement may not be transferred or assigned. The Company’s rights and obligations under this Agreement may be assigned in its discretion.