MEMBER ACCESS AGREEMENT
This Member Access Agreement (the "Agreement") is a legally binding contract that you must accept in order to access information that is available on the SynerMed Connect™ information system (the "System"). If you do not accept this Agreement, then you will not be allowed to access or use the System. If you want to access and use the System, then you must show that you accept this Agreement by clicking the "I Accept" or "I Agree" button that is located at the end of this Agreement. By clicking the "I Accept" or "I Agree" button you are confirming that you accept and will comply with all of the terms and conditions of this Agreement.
1. About SynerMed Connect™. SynerMed Connect™ is an online information system that enables doctors, health care plans, insurance companies, members and others who participate in the SynerMed network to share information about the medical care that eligible members may be authorized to receive.
2. Member Access. Access to SynerMed Connect™ is offered without charge to members who are eligible under a health care plan or insurance policy to receive authorized medical care from doctors, hospitals and other health care providers who participate in the SynerMed network.
* * * WARNING * * *
DO NOT USE THE SYSTEM FOR MEDICAL EMERGENCIES!
DO NOT USE THE SYSTEM FOR URGENT MEDICAL NEEDS!
CALL OR VISIT YOUR PHYSICIAN OR AN EMERGENCY FACILITY.
3. Medical Advice. SynerMed does not furnish medical advice or medical care. The doctors and licensed professionals who provide you with medical advice and medical care are not employees or authorized agents of SynerMed. Information in the System is not a substitute for the medical advice that you receive from your doctor or other licensed professionals. By making information and resources available to you, SynerMed is not undertaking to diagnose, treat or provide you with medical advice, and is not engaging in the practice of medicine or any health care profession.
4. Choosing Medical Providers. SynerMed does not evaluate, endorse, choose or assign the doctors, hospitals and other health care providers who participate in the SynerMed network. The professionals and facilities that participate in the SynerMed network have agreements with health care plans and insurance companies to provide the medical care that you are authorized to receive. Information in the System is not intended to influence your freedom of choice in the selection of a medical provider. Choosing a medical professional or facility is up to you, your doctor and your health care plan or insurance company.
5. Treatment Decisions. SynerMed participating doctors and medical professionals make treatment decisions based on the appropriateness of care for a member's medical needs. SynerMed encourages doctor-member communication regarding appropriate treatment and alternatives, and provides information systems, staff and communications support to facilitate the decision-making process. SynerMed does not compensate anyone for authorizing or denying coverage or treatment, and SynerMed does not use financial incentives to encourage treatment authorizations or denials.
6. Member Tools. Eligible members may use the System to see personal health information, post messages to their doctors, request appointments, and use other tools that may be available to members through the System. However, the tools may not always be available, and the personal information that you can see is limited, and does not include the entire medical record of treatment that you may have received.
7. Minors. Except in special circumstances that may be required or permitted by law (such as laws permitting minors to give their consent to medical care), children under the age of eighteen (18) may not have direct access to the System without the prior consent of a parent or legal guardian. In order for a minor to be approved for access to the System a written request and consent of the parent (if required) must be signed and mailed or faxed to SynerMed at: 1600 Corporate Center Drive, Monterey Park, California 91754, fax number 231-830-1800. SynerMed will call to confirm the accuracy of all such requests and consents, whether e-mailed, faxed or mailed.
8. Conditions to Eligibility. In order to be eligible to access the System you must meet the conditions to eligibility that are described in this paragraph, and if you don't meet all of these conditions all of the time, then you will not be allowed to access the System. SynerMed requires members to meet all of these conditions all of the time, and they include but are not limited to, each of the following conditions:
- you must be a member (an insured person) under a health care plan or insurance policy and you must be eligible to receive medical care from doctors, hospitals and other health care providers who participate in the SynerMed network;
- you must meet all of the requirements for membership under your agreement with the health care plan or insurance company that authorizes you to receive medical care from SynerMed network providers;
- all of the information that you provide to SynerMed must be complete, accurate, up to date and not misleading;
- your only purpose for using the System must be to obtain personal information about the medical care that you receive from SynerMed network providers, and you must not use the System for any other purpose;
- you must not access or use the System on behalf of anyone but you;
- you must not access or use the System to obtain information about any member other than you;
- you must not exceed the scope of the permission given to you by SynerMed;
- at all times you must keep secret your user name, password, security questions, keys, and any other device or information that enables you to access and use the System; and
- at all times you must remain in strict compliance with all of the requirements of this Agreement.
SynerMed reserves the right to determine if you meet these conditions to eligibility, and to take, or require you to take, whatever actions SynerMed decides to be appropriate under the circumstances, which may include but are not limited to, denying, restricting or revoking permission to access the System.
9. System Security. You are solely and completely responsible for the security of the user name and password assigned to you; SynerMed will NEVER ask you for your user name or password. At all times:
- you agree to keep secret all user names, passwords, security questions, keys, and any other device or information that enables you to access and use the System;
- you agree not to authorize or permit any other person to access, know, or use your user name, password, or any other device or information that enables you to access the System; and
- you agree to immediately notify SynerMed of any unauthorized access to or use of the System, or any theft, loss, misuse, or other event that affects the secrecy of your user name, password, or any other device or information that enables you to access the System.
10. Limiting Access. You acknowledge and agree that SynerMed has the right to deny, change, suspend, restrict and revoke your access to the System, including but not limited to, changing user names and passwords, restricting the scope of access to specific or limited parts of the System, and limiting the time period of access, in each case without notice or liability to you or any others. You agree not to access or use the System except as authorized by SynerMed. You agree not to enable or allow others to access or use the System, except that you may allow family members and caregivers to see your personal information where appropriate.
11. Terminating Access. You may terminate your access at any time by giving notice to SynerMed. SynerMed may terminate your permission to access the System at any time with or without cause, and with or without giving any notice to you. If your access is terminated, you must cease all access to and use of the System, and must delete all copies of user names, passwords, keys and all other devices or information that enable you to access or use the System, including but not limited to, all cookies and caches on your personal computer and all other electronic devices that contain information relating to the System. Even after terminating System access, your obligations to maintain the confidentiality of System information will continue indefinitely.
12. Privacy of Your Personal Information. SynerMed maintains the System to support the medical professionals and facilities that participate in the SynerMed provider network. SynerMed and its network providers are obligated to maintain the security and privacy of member information that is contained in the System. The health care plans, and the medical professionals and facilities that provide you with medical care must provide you with notice of their privacy practices, which explains how your personal information may be legally used and disclosed under federal and state laws. The SynerMed Privacy Statement is posted on the SynerMed website (www.synermed.com) and is available for members to read. You acknowledge and agree that:
- you have read and understood the SynerMed Privacy Statement posted on the SynerMed website;
- you will be solely and completely responsible for preventing unauthorized persons from seeing your personal information when you access and use the System;
- you will promptly notify SynerMed and your doctor, hospital, and health care plan if any information about you in the System is inaccurate or not up to date;
- your health care plan, and the doctors and hospitals who provide you with medical care, have given you notice of their privacy practices;
- your personal information in the System may be used and disclosed to others as required or permitted by federal and state laws; and
- other users of the System with appropriate authorization may have access to your personal information that you or others have entered into the System, which in turn may be used and disclosed by others as required or permitted by federal and state laws.
13. Confidentiality of System Information. The System includes other confidential information in addition to your personal information that may not be used or disclosed without the approval of SynerMed. You agree at all times not to access or use, or to allow others to access or use, any information (other than your personal information) that you access from the System, except as expressly authorized by SynerMed and then, only for purposes of communicating with health care plans, and the medical professionals and facilities who participate in the SynerMed network regarding your medical care and treatment.
14. Illegal and Improper Activities. You agree that at all times you will access and use the System only in accordance with the federal, state and local laws that are applicable to the System or to the provision of medical care, including but not limited to, laws relating to privacy and confidentiality of personal information. You also agree that you will not, and will not enable or allow others to, access or use the System for improper purposes, which include but are not limited to, putting information in the System that: (i) is false, threatening, harassing or intended to harm another; (ii) is obscene or sexually oriented; (iii) probes, scans, overloads, disrupts, harms, or interferes with the System, such as a computer virus; (iv) is junk mail, spam or any other form of unsolicited advertising; or (v) infringes upon the rights of SynerMed or any other person.
15. SynerMed Ownership Rights. This Agreement does not give you any ownership rights or rights to control the System or any other property of SynerMed. You agree not to, and not to allow others to, copy, modify, adapt, sell, license, create derivative works from, or otherwise transfer all or any part of the System or any information therein, including but not limited to, any forms, formats, menus, displays, directories, logic, protocols, reports, or third party forms or descriptive codes. You further agree that you will not, and will not authorize or permit others to, reverse engineer, reverse assemble, reverse compile, decompile, disassemble, or otherwise translate all or any part of the System, nor will you use or authorize or permit others to use any mechanical, electronic or other methods to trace, decompile, disassemble or identify the source code or data model of the System or any part thereof.
16. Information, Software and Services Provided by Others. The System may include medical and health information and resources for the convenience of System users, including information about different medications, treatments, products, medical facilities and medical practitioners. The System may include software, services and information provided by persons other than SynerMed. SynerMed is not responsible for examining, evaluating or assuring the functionality, availability or content of any such third-party information, software or services. SynerMed does not guaranty or endorse and does not assume and will not have any liability or responsibility for, any third-party information, software or services, or for any other materials, products, or services of third parties. SynerMed does not guaranty and assumes no responsibility for the reliability, accuracy, completeness, quality or timeliness of any information in the System that is furnished by any health care plan, medical professional, facility or any other person.
17. Links. The System may contain links to other web sites. SynerMed offers these links only as a courtesy and convenience. Other sites may gather cookies or otherwise collect personal information about you, and SynerMed is not responsible for the privacy practices, the data collection policies, or the content or the accuracy of information contained on any other web sites, nor is SynerMed endorsing any information, materials, products, services or opinions contained on any other web sites. Under no circumstances shall SynerMed be considered a party to any transactions you enter into with other web sites.
18. Advertisers. The System may contain advertisements created by third parties. SynerMed is not responsible for the content or accuracy of these advertisements, nor is it responsible for the privacy practices and data collection policies of its advertisers. Unless SynerMed expressly states otherwise, SynerMed does not guaranty, endorse, sponsor or make any other representation about any of the products or services advertised in the System.
19. DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE THAT THE SYSTEM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SYNERMED EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING IN CONNECTION WITH THIS AGREEMENT, OR ITS IMPLEMENTATION, OR ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR UNINTERRUPTED OR ERROR-FREE USE OR OPERATION OF THE SYSTEM.
Without limiting the foregoing, SynerMed makes no express or implied representation or warranty regarding: (i) availability of the System; (ii) the ability of the System to transmit data; (iii) the integrity of data transmissions; (iv) the ability of the System to interface with any other software, products or services; (v) the completeness, accuracy, quality, suitability or availability of all or any part of the information that is furnished to SynerMed; (vi) the ability of the System to prevent unauthorized access to or use of any information that is furnished to SynerMed; (vii) the compliance of any use of the System by you or any other user, with any applicable federal, state or local laws; or (viii) the ability of you or any other user to obtain any specific benefit from any use of the System including but not limited to, the ability to obtain authorization for medical care and services, or to collect accounts receivable or payments for any products or services provided by you.
20. LIMITED REMEDIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SYNERMED BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES (INCLUDING DAMAGES DERIVED FROM THE LOSS OF EARNINGS, PROFITS OR GOODWILL OR FROM INCREASED EXPENSES OR COSTS, FORESEEABLE OR UNFORESEEABLE), THAT MAY BE INCURRED OR SUFFERED BY YOU OR ANY OTHER PERSON, WHETHER UNDER THE LAWS OF CONTRACT, STRICT LIABILITY, STATUTORY LIABILITY, TORT OR OTHERWISE, AS A RESULT OF THE USE OR INABILITY TO USE THE SYSTEM. THE LIMITATIONS CONTAINED IN THIS SECTION APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, WHETHER BASED IN CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY).
21. General Terms of Agreement. This Agreement constitutes the entire agreement between the parties with respect to access and use of the System as provided hereunder, and supersedes all prior or contemporaneous understandings regarding such subject matter. This Agreement supersedes and controls over any agreement between you and any health care plan, medical professional, or facility that participates in the SynerMed network. This Agreement will be governed by and construed in accordance with the laws of the State of California. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. No waiver of any requirement of this Agreement will be effective unless made in writing and signed by an authorized representative of SynerMed. The waiver by SynerMed of any failure to comply with this Agreement will not operate or be interpreted as a waiver of any other or subsequent failure to comply. No rights are granted herein by implication.
22. Amendments. SynerMed may amend this Agreement at any time without prior notice, and your permission to access and use the System will be conditioned upon your review and acceptance of the amended Agreement.
Agreement and Signature:
Checking the box below and clicking on the "I Agree" button below indicates that you have read, completely understand, and agree to all of the requirements of this Agreement.