Effective Date: April 16, 2012
Welcome to the Optima Healthcare Insurance Services Website!
We are excited to bring you tools and information that will help you manage your healthcare entity, including, Optimal Review, Risk Filter, an extensive library of resource materials, and a calendar of educational events. The Site is an informational resource for you, and we hope a valuable one.
As with any Website providing tools, there are rules about what you can and can’t do, what we will and won’t do, and what promises we do and don’t make to you. Those are captured below in our Terms of Service. Please read them carefully, because we want to be sure you understand and accept them before you use or register for this Site.
The following terms constitute an agreement between you and the Optima Healthcare Insurance Services, the operator of the Site (“we” or “us”). This agreement (“Terms of Service”) governs your use of the Site, both as a casual visitor and as a registered user.
1. About the Site
2. Changes to These Terms of Service
These Terms of Service govern your relationship with us. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Site and Services, we will let you know by noting on the Site that the Terms of Service have been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Site. Your ongoing use of any Service or of the Site after the changes take effect signifies your agreement to the new terms. We encourage you to review the Terms of Service regularly.
3. Access to Members Only Portions of the Site
To access Members only portions of the Site, you will need a password and username. We will provide Members with a password and username.
4. Your Personal Information
5. Your Responsibilities
You are responsible for all use of the Site and Services using your username and password, including use by others to whom you have given your username and password. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. You may use the Site and Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site and Services. You may not attempt to gain unauthorized access to any Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service.
6. Limitation on Use of Automated Tools
You may not use any robot, spider, scraper or other automated means to access the Site or Services for any purpose without our express written permission. Any violation of the policies may result in termination of your access to the Site, and preclusion of any further access to the Site.
7. Changes to the Services
We may from time to time add new Services, substitute a new Service for an existing Service, or discontinue an existing Service. Information about new Services will be included on the Site, and the use of new Services will be governed by these Terms of Service.
8. Additional Terms
Certain Services or features on the Site may have additional terms (such as policies, guidelines, and subscription terms) that will further govern your use of the particular Service and supplement these Terms of Service. By using those Services, you agree to comply with such additional guidelines and rules.
9. No Spam
If in the future we allow user generated content or information to be displayed on the Site, you may not use contact information provided by our users, or harvest information about our users, for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM. You may not allow others to use your account to violate the terms of this section. We may terminate your account immediately and take other legal action if you or anyone using your account violates these provisions.
10. Your Use of Content
Any written and visual materials, data, tools, and design elements (the “Content”) available on or through the Services and/or the Site are owned by us, and our contributors, and are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information. We give you permission to use the Content for personal, non-commercial purposes only. You may print, download, and store articles and other information for your own convenience, but you may not distribute, republish, sell, mine, exploit, duplicate, frame or scrape any of the Content, or exploit the content for commercial gain.
11. Non-California Or Non-Nevada Use
The Site and Services, including the information provided on the Site, are designed for and intended for California and Nevada healthcare providers. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside of California or Nevada. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
12. We Make No Warranties
WE PROVIDE THE SITE AND THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION GIVEN BY AN OPTIMA REPRESENTATIVE SHALL CREATE A WARRANTY.
13. We Do Not Provide Legal or Medical Advice
THIS SITE AND THE SERVICES OFFER INFORMATION, BUT NOT LEGAL OR MEDICAL ADVICE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL LEGAL OR MEDICAL ADVICE. THE USE OF ANY TOOL PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF LAW OR MEDICINE.
DEVELOPMENTS IN THE LAW MAY IMPACT THE TOOLS AND INFORMATION THAT APPEAR ON THIS SITE. NO ASSURANCE CAN BE GIVEN THAT SUCH TOOLS OR INFORMATION CONTAINED ON THE SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
WEBSITE CONTENT IS DESIGNED TO PROVIDE ACCURATE AND AUTHORITATIVE INFORMATION IN REGARD TO THE SUBJECT MATTER COVERED. IT IS PROVIDED WITH THE UNDERSTANDING THAT THE PUBLISHER IS NOT ENGAGED IN RENDERING LEGAL, MEDICAL OR PROESSIONAL SERVICES. IF LEGAL ADVICE OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICES OF A COMPETENT PROFESSIONAL PERSON SHOULD BE SOUGHT.
Your access or use of this Site and the Services does not create in any way a privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our suppliers. We do not recommend or endorse any specific attorneys, procedures, opinions, or other information that may appear on the Site. If you rely on any of the information provided by this Site, its employees, or its guests or visitors, you do so solely at your own risk.
14. General Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR MEMBERSHIP AND USE OF THIS WEBSITE. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
We may terminate and/or suspend your use of the Site immediately, without notice, if there has been a violation of these Terms of Service or other policies and terms posted on the Services by someone using your username and password.
16. Electronic Contracting and Notices
Your affirmative act of using this Site and/or registering for the Site or Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, “Notices”). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration for membership or any Optima seminar, meeting, or program, or (2) by posting the Notice on the applicable Service or otherwise through the Site. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the Site. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
17. Entire Agreement
These Terms of Service, and any supplemental terms, policies, rules and guidelines posted on the Site and the Services, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
18. Choice of Law and Location for Resolving Disputes
You agree that the law of the State of California governs this contract and any claim or dispute that you may have against us or our suppliers, without regard to California’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us or our suppliers will be resolved by a court located in the Roseville, California.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE COUNTY OF PLACER, CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US RELATING TO OR ARISING OUT OF THE SITE, THE SERVICE OR THE AGREEMENT; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN ROSEVILLE, CALIFORNIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
We may assign this contract at any time as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site if you do not wish to continue to use the Site and Services under the new ownership. You may not assign this contract to anyone else.
All trademarks appearing on the Services are the property of their respective owners, including, without limitation, Optima Healthcare Insurance Services and California Healthcare Insurance Company, Inc., A Risk Retention Group. No right, license or interest to such trademarks is granted by these Terms of Service.
21. Contact Us
We welcome your comments, suggestions, or questions about our Site and these Terms of Services. We also welcome members’ requests to elect not to receive certain forms of communication from Optima.
Please contact us:
9229 Sierra College Boulevard
Roseville, CA 95661
Anton Damiano, IT Director