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MEMBER PORTAL TERMS OF USE
The following are the terms and conditions of a legal agreement (the “Terms of Use”) between you and CenCal Health for use of the CenCal Health Member Portal (hereinafter referred to as the “Member Portal” or “Portal”). Members who desire to use the Member Portal must complete registration prior to use. Signing up for the Portal is optional and does not affect your Medi-Cal eligibility. To open an account, you must be a current, eligible member of CenCal Health and complete the registration process.
BY COMPLETING THE REGISTRATION PROCESS, YOU ACKNOWLEDGE AND REPRESENT THAT: (I) THE INFORMATION PROVIDED IS CURRENT, ACCURATE, AND COMPLETE; AND (II) YOU HAVE READ, UNDERSTAND, AND AGREE TO COMPLY WITH AND BE BOUND BY CENCAL HEALTH’S TERMS OF USE.
1.MEMBER CONDUCT
You agree to use the Member Portal only for your personal use, and if applicable, providing specified information for the dependents listed on your CenCal Health policy, in accordance with applicable law. You agree to abide by all applicable local, state, and federal laws and regulations and are solely responsible for all activities that occur under your account, including the content of your submitted information and transmissions through the Portal. You are responsible for maintaining the confidentiality of your password, and monitoring and controlling access to your account. In the event of any unauthorized use of your account or any other breach of security, you agree to notify CenCal Health immediately.
2.GENERAL PROHIBITIONS
You agree and warrant to CenCal Health that you will not use the Member Portal for any purpose that is unlawful or prohibited by these Terms of Use or applicable law. Any unauthorized or unlawful use of the Member Portal is expressly prohibited, including, but not limited to:
- Publishing or sending any unlawful, threatening, harassing, defamatory, infringing, abusive, libelous, obscene, indecent, p*rnographic or profane material or information, including any material that could violate the legal rights (such as rights of privacy and publicity) of others, constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
- Sending unsolicited email, junk mail, “spam,” promotion or advertising for products or services.
- Taking any action that imposes, or may impose (in our sole discretion) an unreasonable or disproportionately large load on our computer systems.
- Transmitting or uploading files or materials that contain: (i) viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other harmful programs that may damage the operation of the Portal or our computer system; or (ii) any material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
- Attempting to disable or otherwise interfere with the proper functioning of the Portal, the networks, or computer systems connected to the Portal.
- Attempting to gain unauthorized access to the Portal, other accounts, computer systems or networks connected to the Portal, through password mining or other actions that bypass measures we may use to prevent or restrict access.
- Using the Portal in violation of any applicable local, state, national or international laws or regulations, including without limitation, the fraud and abuse or anti-kickback provisions of the Medicare and Medicaid laws.
3.MEMBER DATA
You shall be responsible for the accuracy of any data submitted into the Member Portal. You agree that data provided to CenCal Health shall contain true and accurate data and information, to the best of your knowledge. CenCal Health shall not be responsible for errors in your data or data entry done by you or for errors in services, programs, data files, or output CenCal Health provides to or maintains for you, if those errors result from errors in the data you submitted.
4.MEMBER PRIVACY
CenCal Health is committed to respect the privacy of its members and their personal information. We do not sell, license, transmit, or disclose personal information that you provide to us outside of CenCal Health, without your prior permission, except to contracted agents or vendors providing services supporting CenCal Health operations or as required by law. You agree that CenCal Health may access your account, including its contents, as stated above or to respond to service or technical issues. Any access and utilization of member protected health information (“PHI”) is in accordance with applicable law. Member PHI is governed by CenCal Health’s Notice of Privacy Practices, which can be found in your Member Handbook/ Evidence of Coverage.
5.USE OF EMAIL AND TEXT
If you have provided consent for CenCal Health to contact you via email and/or text message, you may receive periodic correspondences and information from CenCal Health and/or the Member Portal based on the consent provided. You understand that email and text messaging are not a completely secure and confidential means of communication. Non-encrypted email or text messages may be accessed and viewed by third parties without your knowledge and permission while in transit to or from us. When choosing to receive text or email messages from us, you do so at your own risk. You further understand that your Internet Protocol address is transmitted with each message sent from your account. Should you no longer wish to receive future email correspondences, you may make a request to discontinue future emails at any time. All email messages will contain information about how to “opt out” of receiving future messages. To discontinue receiving text messages, you may text “STOP” to stop messaging.
6.INVESTIGATION; MONITORING RIGHTS
CenCal Health has no obligation to monitor the Member Portal or any user's use thereof or retain the content of any user session. However, we reserve the right to investigate suspected violations of the Terms of Use and to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, or legal process. In the event of any violations to the Terms of Use, we reserve the right to suspend the provision of our services temporarily, permanently remove the material involved from our servers, provide warnings to you, or suspend or terminate your access to the Member Portal.
7.DISCLAIMERS
CENCAL HEALTH MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE MEMBER PORTAL FOR ANY PURPOSE. INFORMATION ON THE PORTAL IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE QUALITY OF THE PORTAL’S PERFORMANCE, THAT THE PORTAL WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR SECURITY OF THE MEMBER PORTAL ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION CONTAINED IN THE PORTAL, WHICH MAY INCLUDE INACCURACIES, TYPOGRAPHICAL ERRORS OR OUTDATED INFORMATION. WE DISCLAIM RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIALS THROUGH THE PORTAL, INCLUDING WITHOUT LIMITATION, HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE PROPERTIES. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU SPECIFICALLY AGREE THAT CENCAL HEALTH SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR MATERIALS, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE PORTAL. YOU SPECIFICALLY AGREE THAT CENCAL HEALTH IS NOT RESPONSIBLE FOR ANY CONTENT OR CONDUCT BY ANY THIRD PARTY UTILIZING OR ACCESSING THE PORTAL.
8.LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CENCAL HEALTH BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING LOSS OF USE, PROFITS, OR DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MEMBER PORTAL, WITH THE DELAY OR INABILITY TO USE THE MEMBER PORTAL, OR THE PROVISION OF OR FAILURE TO PROVIDE SERVICES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY OR FORM OF ACTION, EVEN IF CENCAL HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WE ARE NOT RESPONSIBLE OR LIABLE FOR THE ACTS OR OMISSIONS OF OUTSIDE VENDORS OR INFORMATION PROVIDERS, OR FOR PERFORMANCE (OR NON-PERFORMANCE) OF THIRD PARTIES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MEMBER PORTAL, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MEMBER PORTAL.
9.INDEMNIFICATION
You agree to indemnify and hold CenCal Health, its governing board, officers, directors, employees, consultants, agents, and representatives harmless from any claim, demand, loss, or damage (including reasonable attorneys’ fees), asserted by any third party due to or arising out of your use of or conduct on the Portal, your violation of the Terms of Use, or your infringement of any intellectual property or other right of any person or entity.
10.NO MEDICAL OR LEGAL ADVICE
Nothing contained, expressed, or implied on the Member Portal is intended as, nor shall be construed as, medical or legal advice or guidance. Individual inquiries about medical issues should be addressed to appropriate health care professionals, and inquiries relating to laws, regulations, or requirements (whether or not expressly or implicitly referenced on the Portal), should be discussed with your own legal counsel. No doctor-patient nor attorney-client relationship is established between CenCal Health and you by your use of the Member Portal.
11.TERMINATION
CenCal Health may terminate your right to use any portion of the Portal or all of the Portal at any time. CenCal Health reserves the right to block, delete, or stop submissions that are considered prohibited materials and/or communications, or that otherwise misuse the Portal or fail to comply with the Terms of Use. CenCal Health reserves the right to discontinue offering the Member Portal as a service, or any portion of the Member Portal, with or without notice.
12.THIRD PARTY SITES
In the event there are website links included within the Member Portal that allow you to leave the Portal website, such sites are not under the control of CenCal Health and CenCal Health is not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. CenCal Health is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsem*nt by CenCal Health of the site or any association with their organization or operators.
13.PROPRIETARY RIGHTS TO CONTENT
The Member Portal and any content made available thereunder are owned and copyrighted by or licensed to CenCal Health or others, with all rights reserved, unless otherwise noted. You acknowledge that content from the Member Portal is protected by intellectual property laws, including, copyrights, trademarks, service marks, patents or other such proprietary information. You do not, by virtue of downloading any content from the Portal, obtain title to, or any other ownership interest in, that content. You may make a copy of the content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, translate, reproduce, republish, upload, post, transmit, display or distribute in any way content available through the Portal.
14.MODIFICATIONS TO TERMS OF USE
CenCal Health reserves the right to change, revise, modify, or amend the Terms of Use at any time. Any such amendment shall be effective upon either notifying you or by posting the updated Terms of Use on the Member Portal. Continued use of the Portal after any such changes shall constitute your consent to such changes. If the modified Terms of Use are not acceptable to you, your sole recourse is to cease using the Portal. You are responsible for regularly reviewing and complying with the Terms of Use.
15.GENERAL
You agree that no joint venture, partnership, employment, or agency relationship exists between you and CenCal Health as a result of this agreement or use of the Member Portal. This agreement is governed by the laws of the State of California and the United States of America. Any legal action or proceeding relating to the Member Portal must be brought exclusively in a federal or state court of competent jurisdiction sitting in Santa Barbara or San Luis Obispo County, California, and you hereby expressly and irrevocably consent to the jurisdiction and venue of such courts. The provisions of the California Government Claims Act (Government Code Section 900, et seq.) apply to any disputes arising between you and CenCal Health. In the event that any provision of the Terms and Conditions is held to be invalid or unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an 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, this agreement constitutes the entire agreement between you and CenCal Health with respect to the Portal and it supersedes all prior communications, whether electronic, oral or written, between you and CenCal Health with respect to the Portal. A waiver of any breach of any provision of the Terms of Use will not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions. The captions in the Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance.
16. QUESTIONS OR COMMENTS
If you have any questions or comments about the Terms of Use, wish to terminate your account, or otherwise need assistance, you may do so by calling CenCal Health's toll-free Member Services number at 1-877-814-1861 or email at msinquiry@cencalhealth.org.
