Terms of Use

 Effective Date: 03/28/2014

General
Welcome to the websites owned and operated by SCAN Group on behalf of itself and its affiliated entities, which include SCAN Health Plan and SCAN's other online locations (the "Websites"). All references to "SCAN," "we" or "our" in these Terms of Use include SCAN Group, SCAN Health Plan and/or any other entities that may be affiliated with the foregoing, as appropriate based on context, unless otherwise stated. The "Websites" include, without limitation, www.scanhealthplan.com.

Please carefully read the following Terms of Use before using the Websites. By accessing, using and/or browsing the Websites, you acknowledge that you have read, understood and agree to be bound by these Terms of Use which form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms of Use, please do not access, use or browse the Websites or any of its content.

THESE TERMS OF USE DESCRIBE CERTAIN RULES AND PROHIBITIONS THAT APPLY TO YOUR ACCESS TO, USE AND BROWSING OF THE WEBSITES, WHICH IS SUBJECT TO THE ALL THE TERMS CONTAINED IN THESE TERMS OF USE. BY ACCESSING, USING AND/OR BROWSING THE WEBSITES, YOU ARE AGREEING TO THESE TERMS OF USE, SCAN'S INTERNET PRIVACY POLICY AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOUR PERMISSION TO ACCESS, USE AND/OR BROWSE THE WEBSITES IS AUTOMATICALLY AND IMMEDIATELY REVOKED.

Some areas of the Websites, such as specific sections offering features and functionality for caregivers, providers, agents or brokers, may be subject to additional terms and conditions that will be specified in those sections.

The information contained in the Websites are not meant to replace the advice of or treatment by health care professionals. Always contact a qualified health care professional for any medical symptoms or medical conditions. Never disregard professional health care advice or delay in seeking it because of something you have read on the Websites.

If this is an emergency, call 911 or go to the nearest hospital.

Updates and Changes
SCAN may make changes or updates to the Websites, including these Terms of Use, from time to time, without notice to you. Any changes or updates to these Terms of Use will be effective when posted on the Websites and apply to your access, use and browsing of the Websites on and after the Effective Date. Accordingly, you should check these Terms of Use regularly for changes and updates. You can determine when these Terms of Use were last revised by referring to the Effective Date at the top of this page. Each time you access, use or browse the Websites, you signify your acceptance of and continued agreement to the then-current Terms of Use.

Age Restrictions
The Websites are directed to persons 18 years of age or older, and are not directed to persons under 18 years old. The Websites and SCAN do not knowingly collect information from persons under age 18.

Use of Website
You acknowledge and agree that, as between SCAN and you, all right, title and interest in and to the Websites and all materials on the Websites, including, without limitation, the Websites' text, graphics, logos, icons, images, information, material, content, design, layout, and organization (collectively, the "Material"), and any patents, copyrights, trademarks, trade secrets, inventions, know-how and all other intellectual property rights, are owned and copyrighted by, and the sole and exclusive property of, SCAN or its suppliers, vendors or licensors; and are valid and enforceable, and are protected by U.S. and international copyright law. Any rights not expressly granted by these Terms of Use are reserved by SCAN.

You are authorized to view, print, and download Material solely for your personal, noncommercial use and solely for its intended purposes. You agree not to create derivative works of any Materials, and not to sell, lease, license, repurpose, modify, display, perform or otherwise use, including, without limitation, reproduce, duplicate, distribute, transmit, republish, copy, or exploit, the Material or derivative works thereof for any public or commercial purpose, unless specifically authorized in writing by SCAN.

You must keep all copyright and other intellectual property or proprietary notices, acknowledgements, credits, marks or logos contained on any Material printed or downloaded, and may not remove, obscure or modify same.

You will not use the Websites in violation of any laws including, without limitation, those pertaining to the fraud and abuse or anti-kickback provisions of the federal Medicare and Medicaid laws. You agree not to access the Websites by any means other than through a standard web browser.

Trademarks
SCAN Health Plan®, SENIOR CARE ACTION NETWORK®, INDEPENDENT LIVING POWER®, PERSONAL CARE PLANNER®, FOR YOUR HEALTH AND INDEPENDENCE®, GERIATRIC CARE MANAGEMENT®, GERIATRIC HEALTH MANAGEMENT®, SCAN ON CALL® are registered trademarks of SCAN Health Plan. All other trademarks, service marks, trade names, logos, domain names, URLs and icons appearing on the Websites, registered or not, are the property of SCAN or their respective owners. Nothing on the Websites grant you any right or license to use any of the marks, service marks, trade names, logos, domain names, URLs and icons or the other trademarks, service marks, trade names, logos, domain names, URLs and icons that appear on the Websites without the express written permission of SCAN or the applicable owner. Unauthorized use may violate trademark and other laws. Any third party names or trademarks referenced on the Websites do not constitute or imply affiliation, endorsement or recommendation by SCAN, or of SCAN by the third parties.

Links and Linkage Policy
The Websites may display or link to content that we do not own or control, which is provided solely as a convenience. The linked websites are operated by third parties and the links, content products and/or services provided thereon is the sole responsibility of the entity that owns and operates them. You should review the privacy statement and any terms of use of each third party website you visit. Your use of the linked websites is at your own risk. Unless specified otherwise, links to third party websites do not constitute or imply responsibility for or endorsement by SCAN of those websites, the information they contain or any products or services they describe. We do not receive payment or other remuneration in exchange for your clicking on a link. Written permission is required from SCAN to create a link from an external website to the Websites or any pages within the Websites, and if written permission is granted you agree to take down the link should SCAN revoke its permission at any time.

Products and Services Offerings
The product and/or services descriptions provided on the Websites are not intended to constitute offers to sell or solicitations in connection with any product or service. All products are not available in all areas and are subject to applicable regulations and in many instances may be offered only through employers or other plan sponsors. Specific products may not be available in both self-funded and insured forms.

Covered services and preferred benefits are provided under the terms of the applicable plan contract, including any limitations and exclusions.

Anyone interested in a particular product should contact their SCAN representative to determine whether the product and/or service is available in their area, and to request a copy of the applicable policy for a complete description of the product and/or service in question.

Passwords and Accounts
Certain sections and/or features of the Websites may require you to create an online account in order to access information or features of the Websites. To do so, you may be asked to confirm your consent to these Terms of Use and the Internet Privacy Policy, to enter your first and last name, date of birth, SCAN member ID and email address. In addition, you may be asked to create a password and user name, and to answer security questions or provide other information to protect the security of your account ("Account Details"). Your Account Details are the property of SCAN and will be used by SCAN to administer your account. You are solely responsible for controlling your Account Details, for maintaining the confidentiality thereof, and for authorizing, monitoring and controlling access to and use of your account, whether by you or others. You are prohibited from distributing, providing or otherwise making available your Account Details to any third party and are responsible for all activities that occur under your account. Please notify webmaster@scanhealthplan.com immediately of any unauthorized use of your account or of any need to deactivate your account. You authorize SCAN to act on the instructions received through use of your Account Details, and acknowledge and agree that SCAN is not liable for any loss or damage arising from your failure to comply with this Section.

Caregiver Access
SCAN allows you to authorize a designated individual to become an authorized user of your online account ("Caregiver"). To designate a Caregiver, you may be asked to provide certain information regarding such individual, such as the first and last name of the proposed Caregiver, and an email address for the proposed Caregiver. If you provide the requested information, the individual designated therein will receive an email from SCAN notifying them of your designation of them as your Caregiver. SCAN also may designate an individual as your Caregiver, if such individual is your legal guardian. To create an online account, the Caregiver may be asked confirm his or her consent to these Terms of Use and the Internet Privacy Policy, and to provide certain information, which may include the Account Details and other information specified in the preceding paragraph. Once the Caregiver successfully creates an online account or gains access to an existing online account, such Caregiver will have the ability to view your member information and other information as it appears on your online account, and to manage certain aspects of your online account. SCAN reserves the right to qualify, remove or add credentials for Caregivers at any time.

Termination
SCAN may, at its sole discretion, immediately and without notice, suspend or terminate your use or any user's use of the Websites or any portion thereof, including, without limitation, your online account, or block your or any user's access to information available via the Websites, at any time for any reason. You agree that SCAN shall not be liable to you or any third party for any such suspension or termination.

Accuracy of Information
Although we regularly validate and maintain the Websites, we can make no guarantees as to their correctness, completeness, or accuracy. The Websites may contain typographical errors, inaccuracies, or other errors or omissions. Unauthorized additions, deletions, or alterations could be made to the Websites by third parties without our knowledge. If you believe that information found on the Websites is inaccurate or unauthorized, please inform us by contacting webmaster@scanhealthplan.com.

Privacy and Security
The privacy and security of your protected health information is very important to us. For more information, please review our HIPAA Notice of Privacy Practices to understand our practices regarding the privacy and security of your protected health information.
SCAN also recognizes the importance of protecting information about you that is collected or acquired through the Websites. For more information, please review our Internet Privacy Policy, to understand our practices regarding the treatment of information about you that is collected or acquired through the Websites. If you do not agree with the SCAN Internet Privacy Policy, you are not authorized to use the Websites. The terms of the Internet Privacy Policy are incorporated herein by this reference.

Disclaimer
THE WEBSITES (INCLUDING, WITHOUT LIMITATION, ANY MATERIAL, ITS CONTENT AND INFORMATION, AND ALL WEBSITES RELATED SERVICES) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCAN AND ITS LICENSORS, SUPPLIERS AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, FREEDOM FROM COMPUTER VIRUS, UNINTERRUPTED AVAILABILITY, NON-INFRINGEMENT, OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Without limiting the foregoing you are responsible for taking all necessary precautions to insure that any Material or access to the Websites is free of viruses or other harmful code. The data set forth herein is for informational purposes only, and no warranty is made that the information is error-free. Please note that once you leave the Websites, either by using a link we may have provided for your convenience or by specifying your own destination, SCAN accepts no responsibility for the content, products and/or services provided at any third-party locations or websites. SCAN does not control, endorse, promote or have any affiliation with any other website unless expressly stated on the Websites. You acknowledge and agree that SCAN shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with access to, use of or reliance on any content, material or information available on or through any other website or resource.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCAN OR ITS SUPPLIERS OR VENDORS OR LICENSORS OR OTHER RELATED PARTIES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE AFFILIATES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITES, THE USE OR PERFORMANCE OF THE WEBSITES (INCLUDING, WITHOUT LIMITATION, ITS MATERIAL, INFORMATION, CONTENT AND ALL WEBSITE RELATED SERVICES), THE DELAY OR INABILITY TO USE THE WEBSITES (INCLUDING, WITHOUT LIMITATION, ITS CONTENT AND ALL WEBSITE RELATED SERVICES), OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY INFORMATION, SERVICES, PRODUCTS, MATERIALS, OR OTHER RESOURCES CONTAINED ON OR ACCESSIBLE THROUGH THE WEBSITES (INCLUDING, WITHOUT LIMITATION, ITS CONTENT AND ALL WEBSITE RELATED SERVICES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SCAN, ITS SUPPLIERS, VENDORS, LICENSORS AND OTHER RELATED PARTIES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE AFFILIATES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, DISCLAIM ALL SUCH LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF SCAN ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE WEBSITES OR THE MATERIALS, INFORMATION, CONTENT, PRODUCTS OR SERVICES ON OR THROUGH THE WEBSITES SHALL NOT EXCEED FIFTY DOLLARS (U.S.).
THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS OF USE AND THE WEBSITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.

Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD SCAN, ITS SUPPLIERS, VENDORS, LICENSORS, AND THEIR RELATED PARTIES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, SERVICES PROVIDERS, SUCCESSORS, ASSIGNS, AND OTHERS ACTING IN CONCERT WITH ANY OF THE FOREGOING, HARMLESS FROM ANY LIABILITY, LOSS, CLAIM, DEMAND AND EXPENSE (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) MADE BY YOU, OR ON YOUR BEHALF BY ANY THIRD PARTY DUE TO, ARISING OUT OF, RELATED TO OR IN CONNECTION WITH (A) YOUR VIOLATION OF THESE TERMS OF USE, ANY APPLICABLE LAWS, OR THE RIGHTS OF SCAN OR ANY THIRD PARTY; OR (B) YOUR CONNECTION OR SUBMISSION TO OR USE OF THE WEBSITES OR THE MATERIALS.

Copyright Infringement Claims
SCAN respects the intellectual property of others. If you believe that your work has been copied on any of the Websites in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Websites (providing URL(s) in the body of an email is the best way to help SCAN locate content quickly);
your name, address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or authorized to act on the copyright owner's behalf.
Such information should be sent to the following email address: webmaster@scanhealthplan.com

Modifications to this Website
SCAN reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Websites, or any portion thereof, with or without notice. You agree that SCAN will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Websites.

Notice Required by California Law
Pursuant to California Civil Code Section 1789.3, users are entitled to the following specific consumer rights notice:

The name and address of the provider of the Websites is SCAN Health Plan, 3800 Kilroy Airport Way, Long Beach, California, 90806, Attn: Digital Strategy Webmaster. Complaints regarding the Websites or Material or requests to receive further information regarding use of the Websites or Material may be sent to the above address or to webmaster@scanhealthplan.com.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.

Governing Law and Disputes
You agree that any dispute between you and SCAN arising out of or relating to these Terms of Use, the Internet Privacy Policy, the Websites or any Material will be decided only by arbitration, individually and not on a class-wide basis. You knowingly waive any right to participate in any form of "class," "joint" or "representative" litigation (including in any "private attorney general capacity") against SCAN. The laws of the State of California, U.S.A., without regard to choice of law principles, shall apply to any dispute between us, except as to matters relating to arbitration, which shall governed by the Federal Arbitration Act. Any arbitration will be administered by the American Arbitration Association and will take place in Los Angeles County, California, U.S.A.
The Websites are controlled within the United States of America and directed to individuals residing in the United States. Those who choose to access the Websites from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. SCAN does not represent that the Websites or any Material are appropriate outside the United States of America. SCAN reserves the right to limit the availability of the Websites to any person, geographic area or jurisdiction at any time in its sole discretion.

Social Media
SCAN's social media sites, include, without limitation, facebook.com/scanhealthplan, twitter.com/scanpolicy, and linkedin.com/company/scan-health-plan.

Force Majeure
SCAN shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including, without limitation, Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials.

Miscellaneous
These Terms of Use and the Internet Privacy Policy set forth the entire understanding and agreement between you and SCAN with respect to the subject matter hereof. If any provision of these Terms of Use or the Internet Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use or the Internet Privacy Policy shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. SCAN's failure to act with respect to any failure by you or others to comply with these Terms of Use or the Internet Privacy Policy does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer these Terms of Use or the Internet Privacy Policy or your rights or obligations under these Terms of Use or the Internet Privacy Policy without the prior written consent of SCAN, and any assignment or transfer in violation of this provision shall be null and void. There are no third party beneficiaries to these Terms of Use or the Internet Privacy Policy.

Questions?
Please direct any questions you may have about these Terms of Use, technical questions or problems with the Websites, or comments or suggestions to SCAN at webmaster@scanhealthplan.com.