Effective Date: October 31, 2013
The following are the terms and conditions (“Terms and Conditions”) of a legal agreement between you and San Francisco Health Plan, relating to the use of the San Francisco Health Plan website at www.sfhp.org (“Website”). For purposes of the Terms and Conditions, the terms “we,” “us,” and “our” refer to San Francisco Health Plan and its affiliates.
BY USING THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS.
2. General Prohibitions
You agree not to do any of the following while using the Website or content posted on the Website:
(a) Send 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;
(b) Send unsolicited email, junk mail, “spam”, promotion or advertising for products or services, or chain letters;
(c) Attempt to disable or otherwise interfere with the proper functioning of the Website or our computer systems;
(d) Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of the Website or our computer systems;
(e) Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our computer systems;
(f) Take any action that bypasses any measures we may use to prevent or restrict access to the Website;
(g) Impersonate or misrepresent your affiliation with any person or entity; or
(h) Use the Website for any purpose in violation of local, state, national, or international laws.
3. No Medical or Legal Advice
The information on this Website is provided for general informational purposes only.
Nothing contained, expressed, or implied on the Website is intended as, nor shall be construed as, medical advice. Individual inquiries about medical issues should be addressed to appropriate health care professionals. You should not disregard medical advice, or delay seeking medical advice, because of something you read in the Website.
Nothing contained, expressed, or implied on this Website is intended as, nor shall be construed as, legal advice, guidance, or interpretation. No attorney-client relationship is established between San Francisco Health Plan and you by your use of this Website. If you have questions about any law, statute, regulation, or requirement expressly or implicitly referenced on the Website, you should contact your own legal counsel.
4. Intellectual Property
“San Francisco Health Plan,” and “SFHP” are trademarks and service marks owned by the San Francisco Department of Public Health. The Website and any content made available on the Website are owned and copyrighted by or licensed to the San Francisco Department of Public Health or others with all rights reserved unless otherwise noted. You do not, by virtue of downloading any content from the Website, obtain title to, or any other ownership interest in, that content. San Francisco Health Plan grants you a non-exclusive, limited, revocable, and non-assignable license to visit, view, and retain a copy of pages of the Website for your own personal, non-commercial use only. Except as otherwise provided, you may not modify, copy, translate, publish, broadcast, transmit, distribute, perform, display, sell, create derivative works from, license or sublicense, assign, or otherwise transfer the license or any of the content on the Website. Unless specifically authorized in writing by San Francisco Health Plan or the San Francisco Department of Public Health, any commercial use of the Website or materials on the Website is prohibited.
We welcome your feedback and suggestions about how to improve our products and services and the Website. By transmitting any suggestions, information, ideas, material, or other content (collectively, “Feedback”) to us, you automatically grant San Francisco Health Plan, its affiliates, and successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right and license 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 Feedback. We are free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to the Website for any purpose whatever, including but not limited to creating and marketing products and/or services using such information.
6. San Francisco Health Plan Providers
We have made reasonable efforts to validate that our lists and maps of health care service providers in the San Francisco Health Plan network (“Network Map”) displayed on the Website are up-to-date and accurate. We are not liable for your losses, damages, or non-covered charges as a result of using the Network Map displayed on the Website. Please contact us to verify that a health care service provider on the Network Map continues to be a part of the San Francisco Health Plan network.
7. Disclaimers of Warranty
Information on the website is provided “as is.” All express, implied, and statutory warranties, including without limitation, the warranties of merchantability, fitness for a particular purpose, or non-infringement, are expressly disclaimed to the fullest extent permitted by law. We make no representation or warranties to you regarding the level or quality of our services.
We disclaim any warranties concerning the security, reliability, and performance of the website, and the accuracy of the information contained in the website. We disclaim responsibility for any harm resulting from downloading or accessing any information or materials through the website, including without limitation, harm caused by viruses or similar destructive properties. Your use of the website is at your own risk. We do not warrant that the website will meet your requirements or that the operation of the website will be uninterrupted or error-free.
8. Limitation of Liability
To the maximum extent permitted by law, in no event will we be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the website. This limitation applies regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
We are not responsible or liable for the acts or omissions of outside vendors or information providers, or for performance (or non-performance) within outside networks or interconnection points between the website and other networks and/or sites that are operated by third parties.
9. Links To/From Third-Party Websites
The Website may provide links to other websites not owned or controlled by San Francisco Health Plan or the San Francisco Department of Public Health (“Third-Party Websites”). We are not responsible for the availability of Third-Party Websites, the quality or accuracy of information presented on Third-Party Websites, or for any viruses or other damaging elements encountered in linking to Third-Party Websites. In addition, providing links to Third-Party Websites should not be interpreted as our endorsement or approval of the organizations sponsoring such websites or their products or services.
We are not responsible or liable for any material on Third-Party Websites that may contain links to the Website. We reserve the right to disable any unauthorized links to the Website or the framing of any content from the Website on Third-Party Websites.
We reserve the right to investigate suspected violations of the Terms and Conditions. If we become aware of possible violations, we may initiate an investigation that may include gathering information from you or any user involved and the complaining party, if any, and examination of other material. We may suspend the provision of our services temporarily, or we may permanently remove the material involved from our servers, provide warnings to you, or suspend or terminate your access to our services. We will determine what action will be taken in response to a violation on a case-by-case basis, and at our sole discretion. We will fully cooperate with legal authorities in investigating suspected violations of the law.
You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless us and our officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Website, your violation of the Terms and Conditions, or your infringement of any intellectual property or other right of any person or entity.
12. Governing Law
The Terms and Conditions will be construed in accordance with and governed by the laws of the United States, the State of California, and the City and County of San Francisco, without reference to their rules regarding conflicts of law. You agree that any legal action or proceeding relating to the Website must be brought exclusively in a federal or state court of competent jurisdiction sitting in San Francisco, California, and you hereby expressly and irrevocably consent to the jurisdiction and venue of such courts.
13. No Waiver; Severability
A waiver of any breach of any provision of the Terms and Conditions will not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions. In the event that any provision of the Terms and Conditions is held to be unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that is the closest to the intention underlying the unenforceable provision.
14. Changes to the Terms and Conditions
We reserve the right, at our sole discretion, to modify the Terms and Conditions, at any time and without prior notice. If we modify the Terms and Conditions, we will post the modification on the Website. It is your responsibility to check periodically for any changes we make to the Terms and Conditions. By continuing to use the Website after any changes to the Terms and Conditions, you are indicating that you agree to be bound by the modified Terms and Conditions. If the modified Terms and Conditions are not acceptable to you, your only recourse is to cease using the Website.
15. Questions; Comments
If you have any questions or comments regarding the Website or our Terms and Conditions, please contact us by mail:
San Francisco Health Plan
P.O. Box 194247
San Francisco, CA 94119