Terms and Conditions of Use
Effective September 8, 2010
Welcome to ThePreventionPlan.com (the Site). U.S. Preventive Medicine, Inc. provides services to you through the Site subject to the following conditions. If you visit the Site or use any of the services offered on or through the Site, you accept these conditions. Please review carefully. Your acceptance of the terms and conditions are required to access the Site and the services offered on or through the Site.
PRIVACY
Please review our Privacy Statement, which follows the Terms and Conditions of Use set out below and also governs your visit to the Site, to understand our privacy practices.
ELECTRONIC COMMUNICATIONS
When you visit the Site, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on the Site is the property of U.S. Preventive Medicine, Inc. (USPM, we or us) or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of U.S. Preventive Medicine, Inc. and protected by U.S. and international copyright laws. All software used on this Site is the property of USPM or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
MYMEDDRIVE, THE PREVENTION CHANNEL(SM), PREVENTIONTV(SM), U.S. PREVENTIVE MEDICINE®,MORE GOOD YEARS®, MAKE 70 THE NEW MIDDLE AGE®, LIVE LIFE BETTERLONGER!®, THE CENTER FOR PREVENTIVE MEDICINE®, PREVENTION IS POWERFULMEDICINE(SM), U.S. PREVENTION NETWORK MORE GOOD YEARS(SM), THE PREVENTION PLAN (SM), U.S. PREVENTION NETWORK(SM), PREVENTION IS THE SOLUTION(SM), SAY YES TOPREVENTION(SM), YES TO PREVENTION(SM), THE PREVENTION PLAN MORE GOOD YEARS(SM), U.S. CARE MANAGEMENT MORE GOOD YEARS(SM), PREVENZIA H20, AND PREVENZIA andother USPM graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of USPM or itsaffiliates in the U.S. and/or other countries. USPMs trademarks and trade dress may not be used in connection with any product or service that is not USPMs,in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits USPM. All other trademarks not owned by USPM or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored byUSPM or its affiliates.
LICENSE AND SITE ACCESS
USPM grants you a limited license to accessand make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consentof USPM. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any service or product listings,descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another entity;or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of this site may not be reproduced, duplicated,copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of USPM. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of USPM and our affiliateswithout express written consent. You may not use any meta tags or any other hidden text utilizing USPMs name or trademarks without the express written consent of USPM. Any unauthorized use terminates the permission or license granted by USPM. You may not use any USPM logo or other proprietary graphic ortrademark as part of the link without express written permission.
SECURITY OF SITE
Any actual or attemptedunauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, USPM and its affiliates reserve the right to view, monitor, and record activity on the Site without notice to or permission from you. Any information obtained by monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site.
MEMBERSHIP
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. USPM and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
You have the right to:
- Receive information about USPM, including services provided on behalf of your employer or plan sponsors;
- Know USPM staff and staff qualifications;
- Be made aware of any contractual relationships;
- Decline participation, revoke consent, or disenroll from services offered by USPM at any point in time;
- Be treated courteously and respectfully by the USPM staff; and,
- Provide feedback to USPM with suggestions, compliments or complaints.
(a) USPM will acknowledge receipt of your complaint within 3 days and will attempt to resolve it within 30 days of receipt
7. Provide feedback to USPM verbally or in writing:
You may submit your feedback in writing to the following address:
The Prevention Plan Member Care Complaints
P.O. Box 56863
Jacksonville, FL 32241
Or, verbally by telephone:
Or, in writing through:
(a) email
(b) secure electronic message through The Prevention Plan website
(c) postal service
You may also have the following additional rights and responsibilities, based on enrollment in a care management program:
- The right to know about philosophy and characteristics of the care management program;
- The right to have personally identifiable health information shared by the care management program only in accordance with state and federal law;
- The right to identify the staff member and their job title, and to speak with a supervisor of the staff member if requested;
- The right to receive accurate information from the care management program;
- The right to receive administrative information regarding changes in or termination of the care management program;
- The responsibility to submit any forms that are necessary to participate in the program, to the extent required by law;
- The responsibility to give accurate clinical and contact information and to notify the care management program of changes in this information; and,
- The responsibility to notify your treating provider of your participation in the care management program (if applicable).
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY USPM OR ITS AFFILIATES ON AN AS IS AND AS AVAILABLE BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. USPM AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. USPM ASSUMES NO LIABILITY FOR THE PERFORMANCE OR FAILURE TO PERFORM OF ITS INDEPENDENT CONTRACTORS, INCLUDING WITHOUT LIMITATION THIRD PARTIES PROVIDING SERVICES THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, USPM AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. USPM AND ITS AFFILIATES DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM USPM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USPM AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting the Site, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and USPM or its affiliates as to the use of this Site and the products and services on this Site.
DISPUTES
Any dispute relating in any way to your visit to the Site or to products or services you access or use through the Site shall be submitted to confidential arbitration in Dallas, Texas, except that, to the extent you have in any manner violated or threatened to violate USPMs intellectual property rights, USPM may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Notice of Privacy Practices (which comprises the second half of this notice). These policies also govern your visit to the Site. Check the date at the top of this document to determine the most current version hereof. We reserve the right to make changes to our Site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.