Our Sites and all material contained on our Sites (including images, text, documents. and look and feel attributes) are protected by law, including but not limited to, United States and international copyright law, trademark, and other intellectual property laws. HPSJ reserves all rights. ANY UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING THE MATERIAL, IN WHOLE OR IN PART, IS PROHIBITED.
Provided that you agree to and accept, without modification, these Terms and Conditions, HPSJ grants you a personal, non-exclusive, non-assignable, terminable, limited, and non-transferable license to visit, view, and retain a copy of pages of our Sites for your own personal, non-commercial use only. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, create derivative works from, license or sublicense, assign, or otherwise transfer this license or any of the information, material, software, products or services from this Sites. Unless specifically authorized in writing by HPSJ, any commercial use of our Sites or material therein is prohibited. Modification of any HPSJ materials for any commercial use is a violation of these Terms and Conditions and HPSJ’s copyright, service mark, and other proprietary rights. Use or misuse of these materials or any trademarks, service mark, logos or other proprietary rights is expressly prohibited and may violate federal and state law. The law provides for civil and criminal penalties for copyright and other intellectual property law infringements.
No Solicitation or Offer
Our Sites are designed to provide general information about HPSJ and HPSJ products and services. Information on our Sites is not intended to constitute an offer to sell or a solicitation of any particular product or service. Without limiting the generality of the foregoing disclaimer, no offer or solicitation is made where prohibited by law or in states where such offer or solicitation cannot be made and our Sites shall not constitute an offer to sell. If you are interested in any products and services, please contact us for a complete description and availability.
No Medical Services or Advice
Nothing contained, expressed or implied, on our Sites is intended as nor shall be construed as medical advice. No doctor-patient relationship is established between HPSJ and you by reason of your use of our Sites or under any circumstances whatsoever. Individual inquiries about medical issues, or sensitive or confidential matters should be addressed to appropriate health care professionals. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD NOT RELY ON OUR SITES FOR ASSISTANCE, BUT SHOULD INSTEAD PROMPTLY SEEK APPROPRIATE EMERGENCY MEDICAL ASSISTANCE.
No Legal Advice
Nothing contained, expressed, or implied on our Sites is intended as, nor shall be construed or understood as, legal advice, guidance, or interpretation. No attorney-client relationship is established between HPSJ and you by reason of your use of our Sites or under any circumstances whatever. The information on our Sites is provided for general informational purposes only. If you have questions about any law, statute, regulation, or requirement expressly or implicitly referenced on our Sites, you should contact your own legal counsel.
Confidentiality Not Guaranteed
Please be advised that HPSJ cannot guarantee the confidentiality of any communication or material transmitted to HPSJ via hpsj4.wpengine.com or Internet electronic mail with the exception of material submitted through our Secure Member Portal or Doctors Referral Express (DRE). When you transmit information via the Internet, outside of the Member Portal or DRE, your information will be transmitted over a medium that is beyond our control, and therefore the security of the transmission may be compromised before it reaches us. Accordingly, HPSJ makes no guarantee, warranty. or representation as to confidentiality or security of material sent outside of the Member Portal or DRE. To help provide private and personalized attention, you may contact Health Plan of Joaquin by telephone at (888) 896-7526, or write us at Health Plan of San Joaquin, 7751 South Manthey Road, French Camp, California 90017, Attn. Privacy Officer.
HPSJ has a Privacy Statement disclosing what information we collect about visitors to our Sites, 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 Statement.
Disclaimer of Warranty
Use of our Sites is entirely at your own risk. Neither HPSJ nor its affiliates are responsible for the consequences of reliance on any information contained in or submitted to the Sites. The risk of injury from the forgoing rests entirely with you. The Sites and the materials on the Sites are provided “as is” without guarantee, warranty or representation of any kind, either expressed or implied. TO THE MAXIMUM EXTENT ALLOWED BY LAW, HPSJ. AND ITS SUPPLIERS, SPECIFICALLY DISCLAIM ALL GUARANTEES, WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITATION, HPSJ AND ITS SUPPLIERS MAKE NO GUARANTEES, WARRANTIES. OR REPRESENTATIONS THAT OUR SITES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES, OR ANY SERVERS ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, HPSJ AND ITS SUPPLIERS MAKE NO GUARANTEES, WARRANTIES. OR REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF THE CONTENT OR MATERIALS ON OUR SITES OR ON ANY OTHER SITE. YOU UNDERSTAND AND AGREE THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Damage Disclaimers; Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT WILL HPSJ OR ITS SUPPLIERS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST REVENUES OR LOST PROFITS, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE OUR SITES OR THE CONTENT OR MATERIALS THEREIN INCLUDING ANY OTHER SITE, INCLUDING THIRD PARTY SITES, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF HPSJ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL HPSJ’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OUR SITES. IF YOU ARE DISSATISFIED WITH OUR SITES, THE INFORMATION ON OR THROUGH THE SITES, OR WITH ANY OF HPSJ’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SITES.
Third Party Sites
Our Sites may, for the convenience of users in locating information and services reference or link to other websites that are not owned or controlled by HPSJ (“Third-Party Websites”). Users of our Sites acknowledge that these Third-Party Websites are maintained by persons or organizations over which HPSJ exercises no control, and HPSJ expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on these Third-Party Websites. HPSJ does not control, endorse, promote, or have any affiliation with any other websites unless expressly stated in these Terms and Conditions. Your use of Third-Party Websites is solely at your own risk. By using our Sites, you understand and agree that you may not make any claim against HPSJ for any damages or losses, whatsoever arising from your use of the Third-Party Websites.
Forums and Public Communication
For your convenience, HPSJ may offer discussion forums and other opportunities (“Forums”) where you and other users can submit content or information for viewing (“Forum Contributions”) to facilitate communications with others. You agree that all Forum Contributions are the sole responsibility of the individual or entity from whom such Forum Contributions originated. This means that you (and not HPSJ) are entirely responsible for all Forum Contributions that you submit via the Forum or elsewhere on the Sites. HPSJ does not control or guarantee the accuracy, completeness, usefulness, integrity, or quality of Forum Contributions. Under no circumstances will HPSJ be liable in any way for any Forum Contributions, including any errors or omissions in any Forum Contributions or any loss or damage of any kind incurred as a result of the use of any Forum Contributions.
Forum Contributions Posted to Forums
You acknowledge that HPSJ may or may not pre-screen Forum Contributions, but that HPSJ will have the right in its sole discretion, for any reason whatsoever (or for no reason) to pre-screen, refuse, move, or remove any Forum Contributions that are available via the Sites. Without limiting the foregoing, HPSJ may remove any Forum Contributions that violate these Terms and Conditions or are otherwise objectionable in HPSJ’s sole discretion.
Corrections and Changes
While we endeavor to keep the materials on our Sites up to date, HPSJ cannot assume responsibility for any errors or omissions in these materials. HPSJ further does not warrant the accuracy or completeness of the information, text, graphics, links, or other items contained within these materials. HPSJ may make changes to these materials, or any products or services described herein, at any time without notice, and makes no commitment to update the information contained herein.
Registration and Account Security
You represent and warrant that any registration information you provide to HPSJ is and will remain true and accurate. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for 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 Sites. 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, members or the public).
Inappropriate Conduct and Material
You are prohibited from posting or sending any unlawful, threatening, harassing, 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 advertisements or other unsolicited material through our Sites, including any Forums 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” and similar laws. You also agree that you will not (i) upload or transmit any communications or content, including any Forum Contributions, of any type that may infringe or violate any rights of any party; (ii) upload files that contain any form of malware or other malicious code that may damage the operation of HPSJ’s or another’s computer or property of HPSJ or another; (iii) use our Sites for any purpose in violation of local, state, national or international laws; or (iv) attempt to disable, “hack” or otherwise interfere with the proper functioning of our Sites or our computer systems.
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 our Sites. You also agree that monetary damages may not provide a sufficient remedy to HPSJ for violations of these Terms and Conditions and you consent to injunctive or other equitable relief for such violations. 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.
Access and Interference
You agree that you will not use any form of malware or other malicious code or other automated means to access our Sites 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 our Sites or any activities conducted on our Sites; or (iii) bypass any measures we may use to prevent or restrict access to our Sites.
You agree to defend, indemnify, and hold HPSJ, its affiliates, agents and suppliers, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys harmless from and against any and all claims, proceedings, damages, actions, injuries, liabilities, settlements, losses, costs, and expenses (including attorney’s fees and litigation expenses) relating to or arising from (i) your use of or access of our Sites, (ii) any breach by you of these Terms and Conditions, or (iii) your violation of any third-party right including any copyright, trademark, trade dress, trade secret, or privacy right of content available on our Sites. This indemnification obligation will survive these Terms and Conditions and your use of the Sites.
Web Links to This Sites
You may establish a hypertext link to our Sites from your websites, so long as the page containing the link properly attributes the linked websites to HPSJ and does not state or imply any sponsorship of your websites by HPSJ. We may revoke this permission at any time. Without prior written consent of HPSJ, you may not create a link to our Sites that incorporates or relies upon, in whole or in part, any content from any page on our Sites, or that incorporates any copyrighted or otherwise intellectual property of HPSJ.
Governing Law; Exclusive Venue.
These Terms and Conditions are 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 our Sites or materials contained therein, you consent to the exclusive jurisdiction of the federal and state courts presiding in French Camp, California, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available, including any claim or defense that such forum is not convenient or proper. Any claim or dispute between you and HPSJ that arises in whole or in part from our Sites will be decided exclusively by the foregoing courts. These provisions herein also apply to anyone claiming on your behalf.
Feedback and Communications
HPSJ welcomes your feedback and suggestions about how to improve our products and services. By transmitting any suggestions, information, ideas, material, or other content, including any Forum Contributions (collectively, “Feedback”) to HPSJ, you automatically assign HPSJ and successors a royalty-free, fully paid up, perpetual, irrevocable, non-terminable, non-exclusive right and license, under all intellectual property rights, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such Feedback (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, HPSJ is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this Sites for any purpose whatever, including but not limited to creating and marketing products and/or services using such information.
If you have any questions about these Terms and Conditions, the practices of our Sites, or your dealings with our Sites, please contact:
Health Plan of San Joaquin
7751 South Manthey Road
French Camp, CA 95231-9802