PRIVACY POLICY AND INTERNET SAFETY INFORMATION
Privacy and safety issues are concern to all. Below are a few helpful tips to
safe Internet use.
MediSaver’s policy is to respect and protect the privacy of our users. This
policy statement tells you how we collect information from you and how we use it.
MediSavers will not disclose your personal information to third parties
without your consent. MediSavers may disclose user information in special cases when
we have reason to believe that disclosing this information is necessary to
identify, contact or bring legal action against someone who may be causing
injury to or interference with (either intentionally or unintentionally) MediSavers
rights or property, other MediSavers' users, or anyone else that could be harmed by such
activities. MediSavers may disclose user information when we believe in good
faith that the law requires it.
MediSavers may ask you for personal information such as your name, email
address, and birth date to join our program. All personal information is
encrypted and transmitted through secure socket layer (SSL) technology for your
protection.
Use of IP Address
An IP address is a number that's automatically assigned to your computer
whenever you're surfing the Web. Web servers -- the big computers that "serve
up" Web pages -- automatically identify your computer by its IP address.
MediSavers collects IP addresses for the purposes of system administration and
to audit the use of our site. When guests request pages from the MediSavers
site, our servers log the guests' IP addresses. We do not normally link IP
addresses to anything personally identifiable, which means that a user's
session
will be logged, but the user remains anonymous to us. We can and will use IP
addresses to identify a user when we feel it is necessary to enforce
compliance
with our house rules or terms of service or to protect our service, site,
customers
or others.
Security
The importance of security for all personally identifiable information
associated
with our guests is of utmost concern to us. We exercise great care in
providing
secure transmission of your information from your PC to our servers.
Unfortunately, no data transmission over the Internet can be guaranteed to be
100% secure. As a result, while we strive to protect your personal
information,
MediSavers can't ensure or warrant the security of any information you
transmit
to us or from our online services, and you do so at your own risk. Once we
receive your transmission, we make our best effort to ensure its security on
our
systems. When credit card information is transmitted we use industry standard,
SSL (secure socket layer) encryption.
Your Acceptance of These Terms
By using this site, you signify your assent to the MediSavers' Privacy
Policy. If
you do not agree to this policy, please do not use our sites. Your continued
use
of the MediSavers sites following the posting of changes to these terms will
mean you accept those changes.
MediSavers Terms & Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS SITE. Your use of this site is expressly conditioned on
your acceptance of the following terms and conditions. By using this site, you
signify your assent to these terms and conditions. If you do not agree with
any part of the following terms and conditions, you must not use this site.
1. OWNERSHIP. This site, and each of its modules, is the copyrighted property
of MediSavers. None of the content or data found on this site may be
reproduced, republished, distributed, sold, transferred, or modified without
the
express written permission of MediSavers and/or its third party providers and
distributors. In addition, the trademarks, logos and service marks displayed
on
this site (collectively, the "Trademarks") are registered and common law
Trademarks of National Health Plan, its affiliates, and various third parties.
Nothing contained on this site should be construed as granting, by
implication, or
otherwise, any license or right to use any of the Trademarks without the
written
permission of MediSavers or such other party that may own the Trademarks.
2. USE OF SITE. You may only use this site to make legitimate program
inquiries
and to join MediSavers, and shall not use this site for any other purposes,
including without limitation, to make any speculative, false or fraudulent
actions.
This site and the content provided in this site may not be copied, reproduced,
republished, uploaded, posted, transmitted or distributed without the written
permission of MediSavers, except that you may download, display and print one
copy of the materials presented on this site on a single computer for your
personal, non-commercial use only. Unauthorized use of this site and/or the
materials contained on this site may violate applicable copyright, trademark
or
other intellectual property laws or other laws. You must retain all copyright
and
trademark notices, including any other proprietary notices, contained in the
materials. The use of such materials on any other web site or in any
environment
of networked computers is prohibited. You are prohibited from posting or
transmitting any unlawful, threatening, libelous, defamatory, obscene,
indecent,
inflammatory, pornographic or profane material or any material that could
constitute or encourage conduct that would be considered a criminal offense,
give rise to civil liability, or otherwise violate any law.
3. AGE AND RESPONSIBILITY. You represent that you are of sufficient legal
age to use this site and to create binding legal obligations for any
liability you
may incur as a result of the use of this site. You understand that you are
financially responsible for all uses of this site by you.
4. PRIVACY. You have read the , the terms of which are incorporated herein,
and agree that the terms of such policy are reasonable. You consent to the use
of your personal information by MediSavers and/or its third party providers
and
distributors in accordance with the terms of and for the purposes set forth
in the
privacy policy.
5. EXCLUSION OF WARRANTY. MediSavers AND ANY THIRD PARTY
PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND
REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS
SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. MediSavers
AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT
WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR
RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE
AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND
CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE
IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME
STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO
THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO
STATE.
6. LIMITATION OF LIABILITY. MediSavers ASSUMES NO RESPONSIBILITY,
AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT
MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON
ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE
OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES,
VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL MediSavers, OR
ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY
INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY,
PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF
ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST
SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR
OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED
WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY
FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR
INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS
OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY
MediSavers, OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN
IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES
TO SUCH PARTIES OR ANY OTHER PARTY.
If, notwithstanding the foregoing, MediSavers, or any third party provider or
distributor should be found liable for any loss or damage which arises out of
or is in any way connected with any of the above described functions or uses of this
site or its content, the liability of MediSavers, and the third party
providers and distributors shall in no event exceed, in the aggregate, the greater of (a)
the subscription fee and service charge for accessing this site, or (b)
US$100.00. In its sole discretion, in addition to any other rights or remedies available to
MediSavers and without any liability whatsoever, either MediSavers or at any
time and without notice may terminate or restrict your access to any component
of this site. Some states do not allow limitation of liability, so the
foregoing limitation may not apply to you.
7. INDEMNIFICATION. You shall defend and indemnify MediSavers, and any
third party providers and distributors and their officers, directors,
employees and
agents from and against any claim, cause of action or demand, including
without
limitation reasonable legal and accounting fees, brought by or on your behalf
in
excess of the liability described herein or by third parties as a result of
your use
of this site.
8. LINKS. This site contains links to other web sites which are provided
solely as
a convenience to you and not as an endorsement by MediSavers, third party
providers or distributors of the contents of such other web sites. None of
MediSavers, or any third party provider or distributor shall be responsible
for the
content of any other web sites and make no representation or warranty
regarding
any other web sites or the contents or materials on such web sites. If you
decide
to access other web sites, you do so at your own risk.
9. RELATIONSHIP. The relationship between MediSavers, and you will be that
of independent contractors, and neither of us nor any of our respective
officers,
agents or employees will be held or construed to be partners, joint ventures,
fiduciaries, employees or agents of the other.
10. GOVERNING LAW. This Agreement and its performance shall be governed
by the laws of the state of New York, United States of America, without
regard to
its conflict of laws provisions. You consent and submit to the exclusive
jurisdiction of the state and federal courts located in New York City, the
State of
New York, United States of America, in all questions and controversies arising
out of your use of this site and this Agreement.
11. ASSIGNMENT. You may not assign, convey, subcontract or delegate your
rights, duties or obligations hereunder.
12. MODIFICATION. MediSavers may at any time modify these terms and
conditions and your continued use of this site will be conditioned upon the
terms
and conditions in force at the time of your use.
13. ADDITIONAL TERMS. Additional terms and conditions may apply to other
uses of portions of this site, and you agree to abide by such other terms and
conditions.
14. SEVERABILITY. These terms and conditions shall be deemed severable. In
the event that any provision is determined to be unenforceable or invalid,
such
provision shall nonetheless be enforced to the fullest extent permitted by
applicable law, and such determination shall not affect the validity and
enforceability of any other remaining provisions.
15. HEADINGS. The heading used in these Terms and Conditions are included
by convenience only and will not limit or otherwise affect these Terms and
Conditions.
16. ENTIRE AGREEMENT. These terms and conditions, together with those
incorporated herein or referred to herein constitute the entire agreement
between us relating to the subject matter hereof, and supersedes any prior
understandings or agreements (whether oral or written) regarding the subject
matter, and may not be amended or modified except in writing or by making such
amendments or modifications available on this site.