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Effective Date: June 15, 2018

Site Covered: www.partnershiphp.org

1. THE AGREEMENT: Partnership HealthPlan of California (hereinafter referred to as “PHC”) provides its members with a Member Portal Website (hereinafter referred to as the “Website”). The use of this Website and the services on this Website are subject to the following Terms & Conditions (hereinafter referred to as the “Agreement”). Please read these Terms & Conditions carefully. By using the Website, or by clicking “I Agree” below, you agree to these Terms & Conditions. If you do not agree with these Terms & Conditions, do not use the Website.

2. WEBSITE USE AND CONTENT:
IMPORTANT: The information provided on the Website is for general informational purposes only and is not a substitute for medical advice, diagnosis, or treatment of a physician or other qualified healthcare professional. Always seek the advice of a physician or other qualified healthcare professional with any questions or concerns about your health. PHC provides free telephone advice nurse services 24 hours a day, 7 days a week by calling (866) 778-8873.

If you think you or someone you are taking care of is having a medical or psychiatric emergency, call 911 or go to the nearest hospital.

A. User Obligations:
User Names and Passwords are not to be shared with others since they provide access to identifiable personal health information protected by California law and HIPAA regulations. You are responsible for taking all reasonable steps to protect and ensure that no unauthorized person has access to your username and password.

To change your password, sign on to the Website and navigate to the Change Password page, then enter your new password. If you discover that your log on information has been compromised or if you need to deactivate your account, contact Member Services toll free at (800) 863-4155.

Unauthorized or improper use of this Website may result in civil and criminal penalties.

In consideration of being allowed to use the Website’s interactive services, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

• Signing on as or pretending to be another person
• Transmitting or receiving material that infringes or violates the privacy rights of others
• Transmitting material that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person (including PHC personnel) or entity as determined by PHC in its sole discretion
• Using interactive services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others
• Collecting information about others, including email addresses
• Intentionally distributing viruses or other harmful computer code

PHC expressly reserves the right, in its sole discretion, to terminate a user's access to any Website services and/or to any or all other areas of the Website due to any act that would constitute a violation of these Terms and Conditions. To the extent there is an inconsistency between these Terms and Conditions and PHC’s Privacy Policy, these Terms and Conditions shall govern.

B. Age Restriction:
Adults 18 (eighteen) years of age, and minors 12 (twelve) to 17 (seventeen) years of age, are able to create accounts and use this Website and have access to information lawfully permitted and available on the Website. By using this Website, you represent and warrant that you are within the allowed age range. PHC assumes no responsibility or liability for any misrepresentation of your age or identity.

C. Viewing Healthcare-related Information:
Users may use the Website to view information related to his or her healthcare, such as, but not limited to, results of certain laboratory tests, list of medications, and a history of claims. The Website does not necessarily display all information found in your medical records. If you think there are errors in your medical records, you can request to have your records amended.

In the event that a user becomes aware that he or she is viewing the health information of another person to which he or she is not legally authorized to have access, the user shall immediately notify PHC by calling Member Services at (800) 863-4155. Additionally, the user shall not disclose, duplicate, use, or discuss the health information to which he or she had unauthorized access with any non-authorized person for personal gain or malicious intent. Any falsification, omission, or concealment of material fact may subject the user to administrative, civil, or criminal liability.

D. Links to External Websites:
The Website may contain links to third party websites to allow you to access additional
sources of health information. Users of the Website acknowledge that persons or
organizations over which PHC has no control operate and maintain these third party sites and PHC is not responsible for the content, the accuracy of the information, and/or the quality of products or services provided by or advertised on these third party sites. Links do not represent intent to promote or endorse information, products, or services. Please review the privacy statement and any terms of use of each Third Party website you visit.

E. Updates to Content of Website or Terms and Conditions:
Although PHC does take reasonable actions to keep up to date the information contained on this Website, PHC has no obligation to update this site, therefore, information presented may be out of date and contain inaccuracies or errors.

PHC may make changes and/or updates to the content of this Website, or to these Terms and Conditions, at any time without prior notice, except as prohibited by law.

PHC may also make improvements and/or changes in products and/or services described on the Website or add new features at any time without notice. We encourage you to periodically read these Terms and Conditions to see if there have been any changes to our policies that may affect you. Your continued use of the Website will signify your continued agreement to these Terms and Conditions as they may be revised.

3. Disclaimer of Warranties and Limitations of Liability:
PHC does take reasonable actions to maintain the accuracy and reliability of the information contained on the Website, however, PHC does not accept liability for our Websites being accurate, complete or up-to-date or for the contents of external links. We distance ourselves expressly from the contents of the linked pages, over the structure of which we have no control. This statement is valid for all of the links on the websites and for all contents of the pages to which the links or banners lead. The Website may contain typographical errors, inaccuracies, or other errors or omissions. If you believe that information found on the Website is inaccurate or unauthorized, please inform us by contacting Member Services toll free at (800) 863-4155.

PHC is furnishing this Website "as is". PHC does not provide any warranty of the Website whatsoever, whether express, implied, or statutory, including, but not limited to, any warranty of merchantability or fitness for a particular purpose or any warranty that the contents of the item will be error-free. Your use of the Website is voluntary, and at your own risk. Any references to specific products or services on the Website do not constitute or imply a recommendation or endorsement or such products or services by PHC unless specifically stated otherwise.

In no respect shall PHC incur any liability for any damages, including, but limited to, direct, indirect, special, or consequential damages arising out of, resulting from, or any way connected to the use of, or inability to use, the Website, whether or not based upon warranty, contract, tort, or otherwise; whether or not injury was sustained by persons or property or otherwise; and whether or not loss was sustained from, or arose out of, the results of, the Website, or any services that may be provided by the Website.

4. Governing Laws:
These Terms and Conditions are governed by California without regard to its principals of conflicts of law. If any version of the Uniform Computer Information Transactions Act (UCITA) is enacted as part of the law of California, that statute shall not govern any aspect of these Terms and Conditions.