Effective July 1, 2015
This Terms and Conditions of Use Agreement ("Agreement") is a legal agreement between
you and Sutter Health Plan ("Sutter Health Plus" or "we") governing your use of
this Website (the "site").
Your use of this site is subject to the terms and conditions of this Agreement.
By accessing, using and/or viewing our site, you hereby agree to be bound by the
terms of this Agreement. You must be age 18 or older to obtain access to this site.
If you do not agree to these terms and conditions, you must exit this site.
We may revise the information on the site or otherwise change or update the site,
including this Agreement. If we make changes to this Agreement, we will use reasonable
efforts to post such changes before they become effective and to specify the date
they will become effective. In the absence of any specific date being provided,
the changes are effective immediately. A current version of this Agreement showing
the effective date is always available at this location. We encourage you to periodically
read this Agreement to see if there have been any changes that may affect you. Your
continued use of the site will signify your continued agreement to this Agreement
as it may be revised.
WEBSITE ACCESS; PROHIBITED ACTIVITIES
We hereby grant you a personal, non-exclusive, non-transferable, revocable license
to access our site and the information contained within the site. By using this
site, you are attesting that you are age 18 or older.
The site contains software tools and databases that allow you to search and retrieve
information. You may not sell, distribute or commercially exploit such software
tools, databases or the results of any database search performed on this site. You
may not use any data mining, robots, or similar gathering and extraction tools.
You may not sell, rent, lease, lend, or transfer any services provided on this site.
You may not gain unauthorized access to the site, to other users' accounts, names
or personally identifiable information, or to other computers or websites connected
or linked to the site. You may not send or otherwise transmit to or through this
site chain letters, unsolicited messages, so-called "spamming" or "phishing" messages,
or messages marketing or advertising goods and services.
You may use our services for lawful purposes only. You may not use our services
to post, transmit or otherwise distribute unlawful material. Examples of unlawful
material include, but are not limited to, threats of physical harm, defamatory statements,
pornographic material, and copyrighted, trademarked, and other proprietary material
used without proper authorization. You may not post, transmit or otherwise make
available any virus, worm, spyware or any other computer code, file or program that
may or is intended to damage or hijack the operation of any hardware, software or
telecommunications equipment. You may not "flood" or disrupt our site through any
means or process such as launching or using any automated system, including but
not limited to, "robots," "spiders," or "offline readers." You may not misrepresent
your identity or affiliation in any way. You may not restrict, discourage or inhibit
any person from using the site, disclose personal information on the site or obtained
from the site or collect information about users of this site. You may not reverse
engineer, disassemble or decompile any section or technology on the site, or attempt
to do any of the foregoing.
You are responsible for all use of our services and the site, with or without your
consent, by yourself and others, which occurs by, through, or in connection with
access to the site via your computer.
You are not obligated to register with Sutter Health Plus in order to access this
site. However, certain sections and features of this site are available only to
Sutter Health Plus members, brokers, providers and employers ("Registered Users").
If you are a Registered User, you agree to accurately maintain and update any information
about yourself that you have provided to Sutter Health Plus. You also agree to promptly
notify us of any unauthorized use of your username, password or any other breach
of security that you become aware of involving or relating to this site.
NO FEES FOR THIS SITE
Sutter Health Plus does not charge you any fees for using its site, but you may
incur charges from your online service provider and/or telephone or cable companies.
Sutter Health Plus may offer users certain interactive features through the site
from time to time. Interactive features may include the submission of commentary,
feedback or other communications or materials by you and other users ("User Submissions").
Any personal information you submit to our site is governed by the Sutter Health
copies of your personal health information. To deactivate yoursutterhealthplus.org
account, please contact Sutter Health Plus Member Services.
You agree, represent and warrant that any User Submission is a) truthful, accurate,
and not misleading, b) offered in good faith, and c) that you have the right to
transmit such information.
grant to Sutter Health Plus a perpetual, irrevocable, royalty-free, transferable
right and license to use, copy, display, distribute, modify, and create derivative
works based upon any content you submit, including the right to incorporate the
content into any form, medium or technology throughout the world without compensation
to you. You further voluntarily waive any "moral rights" you may have in such content.
If you provide your email address in connection with your User Submission, you agree
that Sutter Health Plus and its third-party plan partners may use your email address
to contact you about the content and for other administrative purposes.
Members may use this site to view certain information from their Sutter Health Plus
history including, but not limited to, their medical claim history and prescription
drug history. If you think that the information included in your Personal Health
Record that came from your Sutter Health Plus history is inaccurate, you may contact
Sutter Health Plus using the customer service number listed on the back of your
member ID card.
COPYRIGHT, TRADEMARKS & TRADE DRESS
All content included on the site, including but not limited to, any text, documents,
forms, software, images, sounds, names, logos, graphics and interactive features
and any trademarks, service marks and logos contained and all other materials therein
(collectively "Materials") are owned by or licensed to Sutter Health Plus, its affiliates
or its suppliers, subject to copyright, trademark and other intellectual property
rights under United States and foreign laws and international conventions.
Except as provided in the "Website Access; Prohibited Activities" section above,
and except as expressly authorized or contemplated (such as for files containing
Benefit Plans and Sales Materials), you may not: (1) copy, reproduce, publish, distribute,
create derivative works of, sell, transfer, display, transmit, compile or collect
in a database, or in any manner commercially exploit, any copyright-protected element
of the site, including the content and/or software on the site; (2) make any use
of Sutter Health Plus’ trademarks and/or trade dress; (3) frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary information (including,
but not limited to, images, text, page layout, and/or form) of Sutter Health Plus;
or (4) use any metatags or any other "hidden text" utilizing the Sutter Health Plus
name or trademarks.
You may use information purposely made available by Sutter Health Plus for downloading
from this Site, provided that you: (1) keep intact all copyright and other proprietary
notices; (2) use such information only for your personal, non-commercial informational
purpose and do not copy or post such information on any networked computer or broadcast
it in any media; (3) make no modifications to any such information; and (4) do not
make any additional representations or warranties relating to such information.
You agree not to circumvent, disable, or otherwise interfere with security related
features of this site or features that prevent or restrict use or copying of any
Materials or content.
Modification of any Materials or use of any Materials for any other purpose is a
violation of the copyrights and other proprietary rights of Sutter Health Plus,
or of other entities or persons where so indicated, unless Sutter Health Plus or
the owner has provided said Material for such express purpose. Permission for all
other uses of Materials contained herein, including reproducing and distributing
multiple copies or using Materials on any other website or networked computer or
linking to any page at this site except the "home page" (sutterhealthplus.org),
must be obtained from Sutter Health Plus or the appropriate rights owner in advance;
otherwise, such use is prohibited. Requests for such authorization from Sutter Health
Plus should be submitted via an email to SHPCommunityManager@sutterhealth.orgAll
design rights, databases and compilation and other intellectual property rights
associated with this Site, in each case whether registered or unregistered, and
related goodwill, are proprietary of Sutter Health Plus.
THIRD PARTY CONTENT/LINKS
As you view the site, you may notice links to third-party websites. If you use these
links, you will leave this site. Certain of these linked websites may make use of
Sutter Health Plus proprietary intellectual property rights (such as copyrights,
trademarks, service marks, logos and trade names) under license from Sutter Health
Plus. Sutter Health Plus is not responsible for the availability or content of these
other websites or for any viruses or other damaging elements encountered in linking
to a third-party website. In addition, providing links to these websites should
not be interpreted as endorsement or approval by Sutter Health Plus of the organizations
sponsoring such third-party websites or their products or services. This Agreement
does not apply to any other websites.
Certain content and services offered to you on this site and via a link through
this site are served on websites hosted and operated by a third party ("Third Party
(including personal health information) you provide on this website to these Third
Party Websites without your consent, but you should be aware that any information
you disclose once you access these other websites is not subject to Sutter Health
that site. You should also be aware that some Third Party Websites offer mobile
applications ("mobile apps") that can be downloaded to a mobile device (such as
your phone or computing notebook) that would enable you to access Third Party Website
content directly on your mobile device. The use of such mobile apps may be governed
Health Plus does not endorse and is not responsible for the privacy practices of
the Third Party Websites or any mobile apps provided by any third party. You should
mobile apps to understand how that Third Party Website or mobile app collects and
uses your Personal Information (including personal health information). You can
determine whether you are on a Third Party Website if your browser shows a URL address
that does not end in sutterhealthplus.org.
NOTICE OF PRIVACY PRACTICES
Sutter Health Plus considers the privacy of your health information to be one of
the most important elements in our relationship with you. Our responsibility to
maintain the confidentiality of your health information is one that we take very
The Sutter Health Plus Notice of Privacy Practices describes how medical information
about you may be used and disclosed and how you can get access to this information.
We encourage you to review the notice carefully. You can access the notice at
The Sutter Health Plus webpage www.sutterhealthplus.org/about/privacy.html describes our
website and your privacy.
In order to access certain features of our site, you must register and create a
password. We require registration as part of a verification system designed to protect
your privacy and security as well as the privacy and security of the information
you are accessing. If you choose to register on our site, you are responsible for
maintaining the security of your password and other login information. You are prohibited
from distributing, providing or otherwise making available your password to any
third party and are responsible for all activities that occur under your password.
You agree to notify Sutter Health Plus immediately of any unauthorized use of your
password or of any need to deactivate the password(s) associated with your account.
Sutter Health Plus reserves the right to change or discontinue any content made
available through the site at any time and without any notice to you.
Our site contains various types of information originating from ourselves or third
parties, including outside vendors that provide health-related information or goods
and services. The site provides information about health issues designed to help
users make better decisions. However, medical information is not the same as medical
advice. Although we go to great lengths to make sure our information is accurate
and useful, we urge you to consult a physician if you want professional assurance
that our information, and your interpretation of our information, is appropriate
to your particular situation.
FIND A PROVIDER
Sutter Health Plus has made reasonable efforts to validate that our lists of participating
providers displayed are up to date and accurate. However, the continued participation
of any one physician, hospital or other provider cannot be guaranteed. Please call
the provider prior to scheduling an appointment to verify that the provider continues
to be part of our network.
ASSUMPTION OF RISK AND HOLD HARMLESS
As the user of this site, you assume full risk and responsibility for any and all
use of this site, including the information presented on the site. The site is intended
to be a general information resource only and does not constitute medical advice
and is not a substitute for professional medical advice or treatment. You are responsible
for seeking professional medical advice if you have any questions about your health
or a health condition. You agree to hold Sutter Health Plus and its’ affiliates
harmless from any and all claims relating to your use of, your reliance upon, or
errors or omission in, information found on this site.
The services, information and functions contained on our site are provided “as is”
without warranty of any kind. We expressly disclaim any and all representation and
warranties, express or implied, including those of accuracy, completeness, non-infringement,
merchantability and fitness for a particular use or purpose, concerning our services
or the adequacy, accuracy or completeness of the information or services included
on our site, that the services 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. We expressly disclaim liability for errors
in or omissions from services, information, or materials, including health-record
histories, prescription and non-prescription drug purchase histories, or prescription
refill information. We are not responsible for the content of any linked website
or any link contained in a linked website, except to the extent that such website
or link is owned and operated by Sutter Health Plus or its affiliates.
LIMITATION OF LIABILITY
Use of our site is at your own risk. With regard to outside vendors and information
providers, we do not endorse, or otherwise recommend or approve any product or information
located on or available through our site. We do not own or control other networks,
sites, or hyperlinked sites outside of our own site, including the outside vendors
accessed through our site.
Sutter Health Plus, its Affiliates, its licensors and suppliers will not be liable
to you or anyone else for any harm to you or others resulting from the use of our
site and/or the products and services provided through our site. To the maximum
extent permitted by law, in no event will we be liable to you or anyone else for
any special, incidental, direct, indirect, consequential, or punitive damages whatsoever,
including, without limitation, damages for personal injury, wrongful death, loss
of revenue, business interruption, loss of business information or any other pecuniary
loss, loss of technology, loss of rights or services, loss of data, interruption
or loss of use of any equipment, mental anguish, emotional distress, or invasion
of privacy, arising out of the use of or inability to use our site, even if we have
been advised of the possibility of such damages, whether under theory of contract,
tort (including negligence), strict liability or otherwise.
We are not responsible or liable for the acts or omissions of outside vendors or
information providers, or for performance (or non-performance) within outside networks
or interconnection points between our site and other networks and/or sites that
are operated by third parties. We also make no representation regarding your ability
to transmit and receive information from or through our site, and you agree and
acknowledge that at times your ability to access our site may be impaired or disrupted.
Although we will use commercially reasonable efforts to take any action we consider
appropriate to remedy and avoid such events, we cannot guarantee that they will
not occur, and accordingly we disclaim any and all liability resulting from or related
to such events.
We are not liable for any failure or delay in our performance due to any cause beyond
our reasonable control, including acts of war, acts of God, earthquake, flood, embargo,
riot, sabotage, labor shortage or dispute, governmental act or failure of the internet.
You agree to defend, indemnify and hold Sutter Health Plus and its directors, officers,
employees, agents, affiliates and successors harmless from and against any and all
claims, demands, liabilities, judgments, losses, damages, costs, fees and expenses
(including but not limited to reasonable attorneys' fees) arising from or relating
to your use of the site or your acts or omissions, including but not limited to
(1) infringement or misappropriation of any intellectual property rights; (2) defamation,
libel, slander, obscenity, pornography, or violation of the rights of privacy or
publicity; (3) spamming, or any other offensive, harassing or illegal conduct or
violation of this Agreement; or (4) any damage or destruction to our site, to us,
or to other persons or parties.
TERMINATION AND INVESTIGATION
Sutter Health Plus may terminate the license granted to you under the above "Website
Access; Prohibited Activities" section at any time if you are in breach of this
Agreement. The license will terminate immediately without notice from Sutter Health
Plus if, in Sutter Health Plus' sole discretion, you fail to comply with any term
or provision of this Agreement. Upon such termination, you may not access, use,
or view the site.
Sutter Health Plus reserves the right to revoke your access to this site once your relationship with Sutter Health Plus ends. If your right to use this site ends, you shall make
no further use of this site or any information obtained from this site. If you need
access to your information available during your Membership period, you may contact
Sutter Health Plus Member Services for assistance.
Sutter Health Plus expressly reserves the right, in its sole discretion, to terminate
a Registered User's sutterhealthplus.org account due to any act that would constitute
a violation of this Agreement.
We reserve the right to investigate suspected violations of this Agreement. If we
become aware of possible violations, we may initiate an investigation that may include
gathering information from you or any user involved and the complaining party, if
any, and examination of other material. We may suspend the provision of our services
temporarily, or we may permanently remove the material involved from our servers,
provide warnings to you, or suspend or terminate your access to our services. We
will determine what action will be taken in response to a violation on a case-by-case
basis, and at our sole discretion. We will fully cooperate with law enforcement
authorities in investigating suspected lawbreakers.
You hereby acknowledge that your breach of this Agreement may result in immediate
and irreparable harm to Sutter Health Plus, for which there will be no adequate
remedy at law, and that Sutter Health Plus shall be entitled to equitable relief
to compel you to cease and desist all unauthorized use, evaluation and/or disclosure
of information obtained through the site. Your breach of this Agreement may also
entitle Sutter Health Plus to bring an action against you for any and all other
remedies available at law or in equity.
We operate and control our site from our location in California, United States of
America. We make no representation that any information, materials or functions
included on or through our site are appropriate for use in any other jurisdiction.
If you choose to access our site from locations other than California, you do so
on your own initiative and are responsible for compliance with applicable laws and
This Agreement, and the rights and obligations of you and Sutter Health Plus hereunder,
shall be governed by, and construed in accordance with, the laws of the State of
California. You further agree that any legal action or proceeding between you and
Sutter Health Plus arising out of or relating to this Agreement or your use of the
site shall be brought exclusively in a federal or state court of competent jurisdiction
sitting in Sacramento, California, and you hereby expressly and irrevocably consent
to the jurisdiction and venue of such courts.
NO WAIVER; SEVERABILITY
A waiver of any breach of any provision of this Agreement shall not be deemed to
be a waiver of any repetition of such breach or in any manner affect any other terms
or conditions of this Agreement. In the event that any provision of this Agreement
is held to be unenforceable, it will not affect the validity or enforceability of
the remaining provisions and will be replaced by an enforceable provision that is
the closest to the intention underlying the unenforceable provision.
We may assign our rights and delegate our duties under this Agreement either in
whole or in part at any time, at our sole discretion, and without your consent.
You may not assign, sublicense or otherwise transfer your rights or obligations,
in whole or in part, under this Agreement to anyone else.
This Agreement does not establish any relationship of partnership, joint venture,
employment, franchise or agency between you and us.
Sutter Health Plus is not licensed to sell products and services in all states nor
in all counties within California. The descriptions of products and services contained
on the website are offered as a convenience and do not contain all of the terms,
conditions, limitations and exclusions that may be applicable.