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Terms of Use

The following Terms of Use ("Agreement") set forth the terms and conditions that apply to your use of the Web site made available by Preferred Care Partners and located at www.mypreferredcare.com (the "Preferred Care Partners Web Site").

1. ACCEPTANCE OF TERMS

Use of the Preferred Care Partners Web Site is subject to this Agreement, as well as to Preferred Care Partners Web Site Privacy policy and Disclaimers.BY USING THE PREFERRED CARE PARTNERS WEB SITE, YOU AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT, THE DISCLAIMERS AND THE WEB SITE PRIVACY POLICY AS IF YOU HAD SIGNED THEM. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, THE DISCLAIMERS AND THE WEB SITE PRIVACY POLICY, YOU MUST DISCONTINUE YOUR USE OF THE PREFERRED CARE PARTNERS WEB SITE.

2. PERMISSION TO USE PREFERRED CARE PARTNERS WEB SITE

Preferred Care Partners grants you the right to view and use the Preferred Care Partners Web Site subject to the terms and conditions of this Agreement. Specifically, you may do the following: (a) access and use those portions of the Preferred Care Partners Web Site to which Preferred Care Partners has granted you access solely for your personal, noncommercial purposes, and (b) download and/or print a copy of the information contained on the Preferred Care Partners Web Site for your personal, noncommercial use only. You are prohibited from reprinting, electronically reproducing, duplicating or using any information, including any intellectual property, contained on the Preferred Care Partners Web Site in whole or in part for any other purpose. You are prohibited from deleting or altering any trademark, service mark or copyright notice when downloading any text, information or other content from any part of the Preferred Care Partners Web Site. Preferred Care Partners may, at any time in its sole discretion and without prior notice and liability, discontinue or alter any aspect of the Preferred Care Partners Web Site, including, but not limited to, restricting its availability or the manner and amount of use permitted, and restricting or terminating any user's right to use all or a part of the Preferred Care Partners Web Site.

3. INFORMATION ON PREFERRED CARE PARTNERS WEB SITE

Any health benefit plan or Medicare information on the Preferred Care Partners Web Site is for informational purposes only. Please contact Preferred Care Partners at 1-866-473-0218 about the benefits, eligibility requirements, medical management processes or provider networks for the health benefit plans offered by Preferred Care Partners.

Any health, medical or drug information on the Preferred Care Partners Web Site is for informational purposes only. This information is not intended to be used, and you should not use it, as a substitute for obtaining professional healthcare advice, diagnosis or treatment. You should always seek the advice of your doctor, a pharmacist or other qualified healthcare provider for professional healthcare advice, diagnosis or treatment for any medical condition.

4. USER NAME AND PASSWORD

You are responsible for the confidentiality and use of your user name and sign-on password, if required, and any other access number or additional passwords required to use the Preferred Care Partners Web Site. You will be solely responsible for all postings, transmissions and other communications made through the Preferred Care Partners Web Site using your user name and sign-on password. As a condition of using the Preferred Care Partners Web Site, you agree to immediately notify Preferred Care Partners if you become aware of any theft of your user name or sign-on password, or any unauthorized use of your user name, sign-on password or the Preferred Care Partners Web Site.

5. COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY OF PREFERRED CARE PARTNERS

a. The Preferred Care Partners Web Site contains or will contain text, graphics, photographs, videos, information and other content that is (a) the property of Preferred Care Partners or its licensors, who reserve all of their respective rights, and (b) protected by state, national and international laws pertaining to copyrights, trademarks, trade secrets and other proprietary rights. You agree not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse-engineer, de-compile or disassemble any aspect of the Preferred Care Partners Web Site except as expressly authorized by Preferred Care Partners. "Preferred Care Partners," the Preferred Care Partners logo and all related marks are trademarks and service marks of Preferred Care Partners. b. All company names, product and service names, and logos appearing on the Preferred Care Partners Web Site are the property of their respective owners. You must obtain permission from those owners before copying or using their company names, product or service names, or logos.

6. RULES GOVERNING USE OF PREFERRED CARE PARTNERS WEB SITE

As a condition of your use of the Preferred Care Partners Web Site, you agree not to: a. restrict or inhibit any other user from using the Preferred Care Partners Web Site; b. resell, redistribute, broadcast or transfer the information or other content or use any information derived from the Preferred Care Partners Web Site in a searchable, machine-readable database; c. copy or otherwise duplicate all or part of the Preferred Care Partners Web Site or any databases related thereto without Preferred Care Partner's prior written permission; d. "mirror" on any server any information or material related to the Preferred Care Partners Web Site except as authorized by Preferred Care Partners; e. attempt to gain unauthorized access to other files, computer systems or networks, including Preferred Care Partner's, its users' and third parties', connected to or associated with the Preferred Care Partners Web Site; f. post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene or profane information or other content of any kind; g. post or transmit text, information or other content containing harassing or offensive language, swearing, rude or deliberately offensive comments, or engage in disruptive activities online; h. post or transmit any text, information or other content that is fraudulent or violates or infringes the rights of others, including content that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights; i. post or transmit any text, graphics, photographs, software, music, sounds, videos, information or other content that contains a virus, bot, worm, trojan horse or other harmful component; j. use the Preferred Care Partners Web Site, including the information and other content provided thereon, for any unlawful purpose; k. misrepresent your identity or provide incorrect identifying information, impersonate any person or entity, or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity; l. post or transmit any transmissions that constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, including laws governing copyrights, trademarks and other proprietary rights; and m. link to the Preferred Care Partners Web Site from a web site operated by a third party, without obtaining Preferred Care Partners prior written consent. Preferred Care Partners, in its sole discretion, shall determine whether you have violated this Agreement, including the foregoing rules governing use of the Preferred Care Partners Web Site, and reserves the right to take any and all action, including termination of your access to the Preferred Care Partners Web Site.

7. INFRINGEMENT POLICY AND NOTICES OF ALLEGED INFRINGEMENT

a. Infringement Policy. Preferred Care Partners respects copyright law and expects users of the Preferred Care Partners Web Site to do the same. Unauthorized copying, distribution, modification, public display, public performance, uploading or downloading of copyrighted works is an infringement of the rights of the respective copyright holders. As a condition of your use of the Preferred Care Partners Web Site, you agree not to infringe the copyright, trademark or other intellectual property rights of Preferred Care Partners, its licensors or any other third party. If Preferred Care Partners determines in its sole discretion that you have used or may use the Preferred Care Partners Web Site to infringe the intellectual property rights of others, Preferred Care Partners reserves the right to (a) terminate your ability to use the Preferred Care Partners Web Site, (b) delete any file that you have posted or transmitted using the Preferred Care Partners Web Site, and (c) otherwise restrict or prohibit your use of the Preferred Care Partners Web Site. b. Notices of Alleged Infringement. Pursuant to 17 U.S.C. Section 512, Preferred Care Partners has implemented procedures for receiving written notification of claimed infringements and for processing such claims. All claims of infringement must be submitted to Preferred Care Partners in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:

By standard mail or fax:Preferred Care Partners - Legal Department9100 S. Dadeland Blvd. Suite 1250 Miami, FL 33156 Fax: 305-670-2312

Any written notice regarding any infringing or otherwise injurious activity, whether infringement of a copyright, trademark or other proprietary right, must include the following information: (i) The name of and a physical or electronic signature of the owner of an exclusive right that is allegedly infringed or person otherwise injured, or a person authorized to act on behalf of the owner or the person otherwise injured. (ii) Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works. Similarly, for material that infringes a trademark, or other proprietary rights, or is otherwise injurious, notice must include the identifying trademark or other rights. The identifying information shall include the name of the work or other material, the nature of such work or material, and the name and address of the owner thereof or the injured party. (iii) Identification of the material that is claimed to be infringing, to be the subject of infringing activity or to be otherwise injurious and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Preferred Care Partners to locate the material. (iv) Information reasonably sufficient to permit Preferred Care Partners to contact the person named in subsection 7(b)(i) above, including the person's address, telephone number, fax number and/or electronic mail address. (v) A statement that the person named in subsection 7(b)(i) above has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary-right owner, its agent or the law. (vi) A statement that the information in the notification is accurate and, under penalty of perjury, that the person named in subsection 7(b)(i) above is the owner of an exclusive right that is allegedly infringed or the person otherwise injured, or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person otherwise injured.

8. MODIFICATIONS

Preferred Care Partners reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content or feature of the Preferred Care Partners Web Site. Such amendments, modifications, additions or deletions shall become effective once posted on the Preferred Care Partners Web Site. Continued use of the Preferred Care Partners Web Site by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.

9. DISCLAIMER OF WARRANTIES

THE PREFERRED CARE PARTNERS WEB SITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. PREFERRED CARE PARTNERS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, CONTROLLED OR CONTROLLING ENTITIES, BUSINESS PARTNERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, "AFFILIATES") MAKE NO REPRESENTATIONS ABOUT ACCESS TO OR USE OF THE PREFERRED CARE PARTNERS WEB SITE OR ALL TEXT, INFORMATION AND OTHER CONTENT THEREON. PREFERRED CARE PARTNERS AND ITS AFFILIATES DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES REGARDING THE PREFERRED CARE PARTNERS WEB SITE, INCLUDING, FOR EXAMPLE, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PREFERRED CARE PARTNERS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE PREFERRED CARE PARTNERS WEB SITE. By way of example and not limitation, neither Preferred Care Partners nor its Affiliates warrant or represent that use of the Preferred Care Partners Web Site will be uninterrupted or error-free, nor do they make any representations or warranties regarding (a) the accuracy, completeness, reliability or currency of the text, information and other content on the Preferred Care Partners Web Site, (b) the results that may be obtained from use of the Preferred Care Partners Web Site, (c) the future availability of the Preferred Care Partners Web Site or any information related to the Preferred Care Partners Web Site, or (d) the results that may be obtained from use of any third-party web sites that link to the Preferred Care Partners Web Site or that the Preferred Care Partners Web Site links to, or the information, content, products or services available on those third-party web sites.

10. THIRD-PARTY CONTENT AND TRADEMARKS

Certain materials from third-party information providers, including but not limited to text, information and other content ("Third-Party Content"), may be made available as part of the Preferred Care Partners Web Site. Preferred Care Partners makes no warranties or representations with respect to, nor does it guarantee or endorse, the accuracy, completeness, timeliness, reliability or intellectual property rights in such Third-Party Content. Likewise, Preferred Care Partners does not endorse any opinion or analysis expressed in any Third-Party Content. Preferred Care Partners expressly disclaims responsibility and liability for all Third-Party Content.

11. INTERNET COMMUNICATIONS

While Preferred Care Partners has endeavored to create a secure web site, Preferred Care Partners and its Affiliates are not responsible for the security of information transmitted via the Preferred Care Partners Web Site and the Internet. You must make your own determination as to these matters. Material posted or transmitted using the Preferred Care Partners Web Site also may contain errors, technical inaccuracies or typographical errors, and may be changed or updated without notice. Preferred Care Partners and its Affiliates will not be liable or responsible for any such errors, inaccuracies, changes or updates. Preferred Care Partners and its Affiliates also will not be liable for any loss resulting from a cause over which they do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines; telephone or other interconnect problems; computer viruses; unauthorized access; severe weather, earthquakes or other natural disasters; strikes or other labor problems; wars or governmental restrictions.

12. LIMITATION OF LIABILITY

NEITHER PREFERRED CARE PARTNERS NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER LOSSES OR DAMAGES ARISING OUT OF OR RELATED TO USE OF THE PREFERRED CARE PARTNERS WEB SITE OR ANY TEXT, INFORMATION, OTHER CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE PREFERRED CARE PARTNERS WEB SITE. THIS LIMITATION OF LIABILITY ALSO APPLIES TO ANY CLAIMS OR CONTROVERSIES ARISING UNDER PREFERRED CARE PARTNERS'S DISCLAIMERS AND WEB SITE PRIVACY POLICY. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE LEGAL THEORIES UNDER WHICH RELIEF IS SOUGHT AND EVEN IF PREFERRED CARE PARTNERS AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF THE LOSSES OR DAMAGES ALLEGEDLY SUFFERED. TO THE EXTENT THE FOREGOING LIMITATIONS OF LIABILITY ARE HELD TO BE INAPPLICABLE OR UNENFORCEABLE IN ANY JURISDICTION, IN WHOLE OR IN PART, FOR ANY REASON, PREFERRED CARE PARTNERS'S AGGREGATE LIABILITY UPON ANY AND ALL CAUSES OF ACTION (INCLUDING NEGLIGENCE) WILL BE LIMITED IN SUCH JURISDICTION(S) TO THE LOWER OF DIRECT DAMAGES ACTUALLY INCURRED OR FIVE HUNDRED DOLLARS ($500). All claims must be filed within one (1) year from the date the claim for damages arose.

13. INDEMNITY

You agree to defend and indemnify Preferred Care Partners, its Affiliates, and all of their predecessors, successors and assigns, and hold them harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from your use of the Preferred Care Partners Web Site and any breach by you of this Agreement.

14. EXPORT CONTROL INFORMATION

The Preferred Care Partners Web Site is controlled and operated by Preferred Care Partners from its offices within the state of Florida, United States of America. Preferred Care Partners makes no representation that materials on the Preferred Care Partners Web Site are appropriate or available for use outside the United States. Those who choose to access the Preferred Care Partners Web Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.

15. NONDISCRIMINATION

Preferred Care Partners provides equal employment opportunities and services without regard to race, color, sex, religion, national origin, age, sexual orientation, non-disqualifying disability, veteran status or any other protected status.

16. ARBITRATION

The parties shall settle any controversy arising out of this Agreement by arbitration in Miami, Florida, in accordance with the rules of the American Arbitration Association. A single arbitrator shall be agreed upon by the parties, or if the parties cannot agree upon an arbitrator within thirty (30) days, then the parties agree that a single arbitrator shall be appointed by the American Arbitration Association. The arbitrator may award attorneys' fees and costs as part of the award. The award of the arbitrator shall be binding and may be entered as a judgment in any court of competent jurisdiction.

17. GOVERNING LAW

This Agreement has been made under and will be construed and enforced in accordance with Florida law, without referring to its choice of law rules.

18. OTHER PROVISIONS

Failure to insist on strict performance of any term of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver of any term of this Agreement will be valid unless in writing and acknowledged in writing or electronically by both parties. If any portion of this Agreement is adjudged invalid or unenforceable by an arbitrator or court of competent jurisdiction, the remaining portions will remain valid and enforceable.

This Agreement constitutes the entire agreement between you and Preferred Care Partners with respect to the Preferred Care Partners Web Site, provided, however, that you will also be subject to any additional terms and conditions posted on the Preferred Care Partners Web Site and to which you manifest your consent by continued use of the Preferred Care Partners Web Site.

A printed version of this Agreement and of any notice given in electronic form will be admissible in arbitration, judicial and administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You represent that you have read this Agreement, understand its terms, and agree and intend to be legally bound by it.

19. HOW TO CONTACT US

You may contact us by U.S. mail or overnight courier at:
Preferred Care Partners
Attn: Legal Dept.
9100 S. Dadeland Blvd.
Suite 1250
Miami, FL 33156