Server: Microsoft-IIS/3.0 Date: Thu, 18 Dec 1997 09:00:50 GMT Content-Type: text/html PacifiCare Health Systems -- CONDITIONS OF USE
PacifiCare Health Systems, Inc.  

CONDITIONS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you agree to these terms of use. If you do not agree to these terms of use, please do not use this site.

RESTRICTIONS ON USE OF MATERIALS

This site is owned and operated by PacifiCare Health Systems, Inc. (referred to as "PacifiCare" herein). Any activity on this site is subject to monitoring by PacifiCare at any time. Anyone who uses this site consents to such monitoring and agrees that PacifiCare may use the results of such monitoring without limitation. No material from any Web site owned, operated, licensed or controlled by PacifiCare or any of its related, affiliated companies, including, without limitation, PHS.com, SecureHorizons.com and PacifiCare.com (the "PacifiCare Material"), may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of PacifiCare, except that you may download one copy of the PacifiCare Material on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright, service mark and other proprietary notices. Modification of the PacifiCare Material or use of the PacifiCare Material for any other purpose is a violation of PacifiCare's copyright, service mark, and other proprietary rights. It is a condition of your use of this Web site that you do not restrict or inhibit any other user from using this Web site.

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall PacifiCare or any of its related, affiliated companies be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use the PacifiCare Material. You specifically acknowledge and agree that PacifiCare is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any of the PacifiCare Material, or with any of PacifiCare's terms and conditions, your sole and exclusive remedy is to discontinue using this site.

DISCLAIMER

PACIFICARE MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE CONTENT ON THIS SITE AND PACIFICARE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE.

THE PACIFICARE MATERIAL IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, PACIFICARE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PACIFICARE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PACIFICARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PACIFICARE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU (AND NOT PACIFICARE) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.

PACIFICARE HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THIS SITE. NEITHER PACIFICARE NOR ITS RELATED, AFFILIATED COMPANIES OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE THIRD PARTY MATERIALS IN THIS SITE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PACIFICARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. PACIFICARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE THIRD PARTY MATERIALS IN THE THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU (AND NOT PACIFICARE) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.

PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

SERVICE MARK AND TRADEMARK INFORMATION

The following service marks and trademarks used herein are owned by the PacifiCare Health Systems, Inc. and its affiliates:

ACURCARE, ACURCARE GROUP, COVANTAGE, EXECU-FIT, HEALTHBEAT, HORIZONS, PACIFIC FREEDOM, PACIFICARE, PACIFICARE CHOICE, PACIFICARE KEY PLAN, PRESCRIPTION SOLUTIONS, SECURE HORIZONS, SENIORFIT, WE CAN HELP, WE TAKE YOUR HEALTH CARE PERSONALLY, 48 HOUR RAPID RATING, $1800 PHARMACY BANK, ADVANTAGE, AT THE HEART OF WELLNESS, BABYBOOSTERS, BABYWATCH, CHOICE PLAN, CHOICE PLUS, COUNT ON US TO CARE, CUT BACK ON COST NOT ON QUALITY, EMPLOYEES CHOICE, FAMILY HEALTH PROGRAM, FHP, FHP 24 HOUR MANAGED CARE PROGRAM, FHP A HEALTHY CHOICE, FHP CAMPUSCARE, FHP COALITION PLAN, FHP DENTAL CENTURY PLANS, FHP EXCLUSIVE PLAN, FHP EXPRESS SCRIPTS, FHP FIT KIDS CLUB, FHP GOLDEN HEALTHCARE, FHP GREAT LAKES, FHP GREAT STATES 24 HOUR MANAGED CARE PROGRAM, FHP HEALTH CARE, FHP HEALTH CHOICE PLAN, FHP HEALTHSCREEN, FHP HEALTH TIPS, FHP INDEPENDENT PLAN, FHP INTERNATIONAL CONSULTING GROUP, FHP NAVIGATOR, FHP OPEN DIALOGUE, FHP OPTICAL SERVICES, FHP PERSONAL NURSE, FHP PERSONAL OPTIONSS, FHP PHYSICIANS CHOICE, FHP PREFERRED PLAN, FHP SENIOR ADVANTAGE, FHP SENIOR DENTAL SILVER, FHP VALUE PLAN, FHP VALUE PLUS, FHP WORKCARE, GOOD DOCTOR PROGRAM, GREAT STATES INSURANCE COMPANY, GUAM MEDICAL GROUP, HEALTHGOAL, INTEGRATED BEHAVIORAL CARE SYSTEMS, IBU, INTERNATIONAL BUSINESS UNIT, MAPP MANAGEMENT ACCIDENT PREVENTION PROGRAM, M.E.S.H. PROGRAM, MANAGED EMPLOYEE SAFETY AND HEALTH PROGRAM, MEDISUPP 56 A, MEDISUPP 65 I, MORENO VALLEY MEDICAL CENTER, OPTIONS, OPTIONS PLUS, PERSONAL CARE NETWORK, PERSONAL FOCUS, PERSONAL OPTIONSS, PLUS, PREFERRED, PREFERRED MANAGED CARE, PMC, PREFERRED PLAN 800 PLUS, PREFERRED PLAN PREMIER, PREFERRED PLAN SELECT, PREMIER 65, PRESCRIPTION SAFEGUARD, PREMIUM HEALTH CARE WITHOUT THE PREMIUMS, QIIP, QUALITY CONTINUUM, RETIREE GOLD, SENIOR CARE, SENIOR PLAN, SET THE PACE, SMALL WONDERS, TAKECARE, STUFFEE (was developed for the Pittsburgh Children's Museum by Jo Winger), TALBERT MEDICAL GROUP, TALBERT DENTAL GROUP, TALBERT MEDICAL MANAGEMENT CORPORATION, THE BETTER VALUE IN QUALITY HEALTH CARE, THE CURE FOR THE COMMON HEALTH PLAN, THE HEALTH PLAN WITH MULTI-STATE COVERAGE, TOTAL CHOICE, ULTRA CREDENTIALING, WE CARE FOR YOU, YOU'VE EARNED IT, YOUR HEALTH PARTNER FOR LIFE.

JURISDICTION

Except as described otherwise, all materials in the PacifiCare site are made available only to provide information about PacifiCare. PacifiCare controls and operates this site from its headquarters in Cypress, California, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws.

TERMINATION

This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all PacifiCare site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from PacifiCare if in PacifiCare's sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other PacifiCare site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.


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