Terms of Use

INTRODUCTION

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY, AND THE OTHER TERMS AND CONDITIONS REFERRED TO BELOW, DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND ZELIS REGARDING YOUR USE OF ZELIS’ WEBSITE. IF, FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL ZELIS’ TERMS AND CONDITIONS, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE THIS WEBSITE, BECAUSE IF YOU CONTINUE YOU WILL BE AGREEING TO ALL THE TERMS AND CONDITIONS THAT ARE DESCRIBED OR REFERRED TO BELOW.


These terms and conditions are Zelis’ “Terms of Use” and represent a legally binding agreement between you and us regarding your use of this Website. These Terms of Use, however, are not the only terms and conditions that apply to you and your legal agreement with Zelis. These Terms of Use include Zelis’ Privacy Policy and other terms and conditions that we refer to in these Terms of Use or our Privacy Policy or those that we disclose or notify you when you use or attempt to use some of the features and functions that may be available to you as a user of this Website (“Additional Terms”). This Website include all web pages within the Website and also include backup, mirror, replacement or substitute sites or pages we make available as part of the services we provide. We will refer to each and every feature, function, service, activity, promotion and content on this Website, individually and/or collectively as “Content” and when we use the term “Website” it also included Content unless we specifically say otherwise.


If you use Zelis’ Website you are acknowledging you have read and understand the legal agreement you have with us, including these Terms of Use, Zelis’ Privacy Policy and any Additional Terms and that unless you immediately stop using or trying to use this Website, you will be signifying your agreement to be legally bound by and comply with all of the terms and conditions that apply to you under these Terms of Use.

INTELLECTUAL PROPERTY OWNERSHIP AND USE


Please be aware that as you visit and navigate this Website your use of Zelis’ Website is subject to applicable laws governing ownership and use of intellectual property, including Zelis’ trademarks and copyrights.


The Terms of Use applies to all existing and future Website(s), application(s), domain name(s), linked pages, features, content, products, services, mobile properties and mobile device applications for iPhone, iPad, Android or other smartphone or tablet device (each, a “Service Offering”) owned or operated by Zelis. By visiting our Website(s) or using any of our Service Offerings, you hereby acknowledge and accept the terms and conditions set forth in this Terms of Use, the Privacy Policy, including without limitation, the use and disclosure of your information as outlined in the Privacy Policy.

TRADEMARKS


You may not use any of the Zelis trademarks or trade dress without Zelis’ prior written permission. Trademarks or trade dress include the Zelis name and logos, and other graphics, logos, page headers, button icons, scripts, and service names of Zelis’ products, services, and programs. Any other trademarks that appear on our Website are the property of their owners, who may or may not be affiliated with, connected to, or sponsored by us or Zelis’ affiliates.

COPYRIGHT


All text, graphics, photographs, logos, button icons, images, audio clips, digital downloads, and data compilations appearing on the Website, including in related emails and marketing materials, as well as the software used to create them, are owned or licensed by Zelis and/or its affiliates and are protected by U.S. and foreign copyright laws. You may electronically copy and/or print “hard copies” from the Website solely for personal, non-commercial purposes related Zelis’ services, offerings and/or products. Any other use of any content included on the Website, including linking or framing to this Website, are strictly prohibited unless you first obtain Zelis’ prior written consent.

NON-CONFIDENTIAL INFORMATION


Except for information necessary to populate your contact information, responses to Zelis queries sent to you by Zelis, please do not send to us any confidential or proprietary information through this Website. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting it, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.

ERRORS AND INACCURACIES


We always try to provide complete, accurate, up-to-date information on our Website. Unfortunately, despite those efforts, human or technological errors may occur. This Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.

DISCLAIMER OF LIABILITY


We make no representations or warranties of any kind, whether express or implied, with respect to this Website, its content, or the information available on or through it; they are provided “as is,” with all faults. Except as otherwise provided under applicable laws, we will not be liable for any damages whatsoever arising out of or related to the use of this Website or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.

APPLICABLE LAW


By visiting Zelis’ Website, you agree that the laws of the State of New Jersey, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and us or any of Zelis’ affiliates, subsidiaries, agents, employees, predecessors in interest, successors and assigns regarding your visit to and use of Zelis’ Website, as well as regarding any and all disputes or claims relating in any way to the Privacy and Usage Policy, these Terms of Use, or to any products or services sold or distributed by us or through our Website, including disputes concerning the scope or applicability of the following arbitration agreement (“Disputes”). All Disputes will be resolved in a confidential, individual and fair arbitration process, and not in court. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT, YOUR USE OF THIS WEBSITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. You agree to give up your right to represent, in a class action or otherwise, anyone but yourself.


Privacy and Usage Policy

INTRODUCTION

Zelis Healthcare Inc. (together with its affiliates “Zelis”) values its customers and respects their privacy. This Privacy and Usage Policy applies to personal information that we collect about you in the United States, including but not limited to data collected through Zelis’ Websites and/or mobile applications (collectively the “Website”). This information is used to improve your experience and to communicate with you about our products, services and promotions. Neither your name nor any of your personal information is sold to any other non-affiliated company or agency. However, as described in greater detail below, we may share your information under certain circumstances with business partners that help this site function or assist us in fulfilling or servicing your needs, as well otherwise detailed below. We encourage you to freely communicate with us about questions or concerns about this Privacy Policy.


If applicable, personal information that we collect about you outside of the United States shall be governed by separate privacy policies.


This policy describes the personal information we collect about you, why we collect it, how we use it, and when we share it with third parties. Our policy also describes the choices you can make about how we collect and use certain information. If Zelis’ information practices change, we will post an updated policy on our Website. You can tell if the policy has changed by checking the revision date that appears on this policy. We shall not apply changes in our policy retroactively to information collected from you under a prior policy if, in the reasonable exercise of Zelis’ discretion, we determine that the changes substantively affect your rights, unless we have given you notice of the changes of the policy and an opportunity to opt out. We will provide this notice to you by email if we have a current email address for you and otherwise by posting notice of the change prominently on the home page of Zelis’ Website.

INFORMATION WE COLLECT AND HOW WE USE IT


We sometimes ask you for certain kinds of personal information to provide the services we offer. By providing your personal information as set forth herein, you are authorizing Zelis to store and use your information accordingly. This information may include, but shall not be limited to:

DISCLOSURE WITH YOUR CONSENT


We may disclose your information with your advance consent to disclosure, which we may obtain in a number of ways, including:

  • In writing;
  • Verbally;
  • Online, by clicking on a link or button; or
  • Pushing buttons on a phone dial pad.

When applicable to fulfill a request related to your use of our Website(s) or our Service Offerings, we may share your personal information with third parties to fulfill such request(s) with your consent.


We may share your information with third parties as necessary to provide administrative, technical, operational and/or maintenance support related to Zelis’ Website(s) or Zelis’ Service Offerings. We may also share information with Zelis’ Related Entities, affiliates, agents, outside vendors or service providers to perform functions on our behalf. When a third party acts solely on Zelis’ behalf, we use our reasonable commercial efforts to require that party to follow the privacy practices stated in this Privacy Policy or have complementary privacy protections to protect your information. We do not share your information with unaffiliated third parties except as permitted to do so in this Privacy Policy.

DISCLOSURE WITHOUT YOUR CONSENT


In general, we may disclose your information without your consent to disclosure when we reasonably believe disclosure is appropriate in order to:

  • Comply with the law (e.g., lawful subpoena or court order);
  • Cooperate with or report to law enforcement agencies in investigations that involve users who use Zelis’ Website(s) or Service Offerings for activities that are or may be reasonably perceived as illegal or illegitimate activities;
  • Enforce or apply agreements that apply to Zelis’ Website(s) or Zelis’ Service Offerings; or
  • Enforce or protect Zelis’ rights or property or that of Zelis’ related entities and affiliates, including respective officers, directors, employees, agents, third-party content providers, suppliers, sponsors, or licensors (e.g., to address allegations about fraudulent or unlawful activity related to use of a Service Offering).

We may share your information between Zelis’ related entities where it is necessary to support, improve, develop or otherwise provide the Website(s) or Service Offerings to you.

DISCLOSURE RELATED TO BUSINESS EVENTS


Information about our Visitors and Clients, including personal information, may be disclosed as part of a merger, acquisition, public offering or sale of Zelis’ assets. It may also be disclosed in the unlikely event of insolvency, bankruptcy, or receivership in which personally identifiable information would be transferred as one of the business assets of Zelis.

EMAIL LIST


You may also sign up on the Website to receive promotional emails or other informational content such as White Papers from Zelis. To sign up we may ask for information such as your name, email address, mailing address, telephone number, gender, age, birthday and preferences. Subscriptions to the email list can be cancelled at any time.

REMOVAL FROM LISTS


To be removed from our marketing list, please email us at privacyoffice@zelis.com. You may also click the unsubscribe or manage preferences buttons found at the bottom of the emails in order to be removed from emails that we send you. Please allow us at least ten (10) business days from when the request was received to complete the removal, as some of Zelis’ promotions may already have been in process before you submitted your request.

INFORMATION WE COLLECT BY AUTOMATED MEANS

COOKIES


We may collect information about your browser, including, where available, your IP address, operating system and browser type, for system administration. This is statistical data about how you browse Zelis’ Website.


We may obtain information about your general Internet usage by using a cookie file which is stored on the hard drive of your device. Cookies contain information that is transferred to your device’s hard drive.


Cookies help us to improve Zelis’ Website and to deliver a better and more customized service. They enable us:

  • To estimate usage numbers and patterns
  • To store information about your preferences, and to allow us to customize Zelis’ Website according to your individual interests.
  • To speed up your searches.
  • To recognize you when you return to Zelis’ Website.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the Website or unable to avail yourself of some of our services. Unless you have adjusted your browser setting so that it will refuse cookies, Zelis’ system may issue cookies when you log on to Zelis’ Website. Additionally, if a browser is set to issue a “do not track” signal, we will not place tracking cookies on this browser.

PIXEL TAGS


We also use “pixel tags” (sometimes called “Internet tags”, “web beacons” or “clear GIFS”), which are tiny graphic images, on Zelis’ Website. Pixel tags help us analyze our customers’ online behavior and measure the effectiveness of Zelis’ Website and our advertising. We work with service providers that help us track, collect, and analyze this information.


Pixel tags on our Website may be used to collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the Website.


This information may include your device’s IP address, your browser type, your operating system, date and time information, and other technical information about your device. We may also track certain information about the identity of the Website you visited immediately before coming to Zelis’ site. We do not otherwise track any information about your use of other Websites.


Pixel tags and cookies in Zelis’ emails may be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us.


We also work with business partners that use tracking technologies to deliver advertisements on Zelis’ behalf across the Internet. These companies may collect information about your visits to our Website, and your interaction with Zelis’ advertising and other communications.


We may combine the information we collect through cookies and pixel tags with other information we have collected from you. This information may be used to improve our Website, to personalize your online experience, to help us deliver information to you, to determine the effectiveness of Zelis’ advertising, and for other internal business purposes.

USE OF YOUR PERSONAL INFORMATION


We use the combined information we collect from you for various online purposes, including:

  • to process transactions upon their request.
  • to generally improve the content and layout of our Services;
  • to evaluate your experience with the Website;
  • to notify you about updates to our Services;
  • to contact you for marketing purposes;
  • to comply with Zelis’ legal obligations, policies and procedures and prevent, investigate, or provide notice of fraud, unlawful or criminal activity, or unauthorized access to or use of information, our Services or data systems; or for internal administrative and analytics purposes;
  • to investigate and resolve disputes and security issues and enforcing our Terms of Use and other agreements; and
  • any other lawful, legitimate business purpose.

OTHERS WITH WHOM WE MAY SHARE YOUR INFORMATION

SERVICE PROVIDERS


We may disclose information to outside companies that help us bring you the products and services we offer. For example, we may work with an outside company to: (a) manage a database of customer information; (b) assist us in distributing emails; (c) assist us with direct marketing and data collection; (d) provide us data storage and analysis; (e) provide fraud prevention; (f) provide customer service by phone; and (g) provide other services designed to assist us in maximizing our business potential. We require that these outside companies agree to keep confidential all information we share with them and to use the information only to perform their obligations in the agreements and in a manner consistent with this Privacy and Usage Policy.

LEGAL COMPLIANCE


We may provide access to information when legally required to do so, to cooperate with legal proceedings, to protect against misuse or unauthorized use of Zelis’ Website, to limit Zelis’ legal liability and protect Zelis’ rights or to protect the rights, property or safety of visitors of this Website or the public.

LINKS TO OTHER SITES


While visiting Zelis’ Website, you may link to sites operated by our business partners or other third parties. This does not mean that we endorse these sites. We do not make any representations or warranties about any Website you may access through the Zelis Website. They are independent from us, and we have no control over, or responsibility for, their information or activities.


In addition, Zelis’ privacy practices may differ from those of these other sites. If you provide personal information at one of those sites, you are subject to the privacy policy of the operator of that site, not the Zelis Privacy and Usage Policy. Please make sure you understand the other site’s privacy policy before providing personal information.

SECURITY


Zelis uses commercially reasonable measures to keep your information private and safe. We take appropriate physical, electronic and administrative steps to maintain the security and accuracy of personally identifiable information we collect, including limiting the number of people who have physical access to Zelis’ database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. In addition, it is Zelis’ policy to never send your personally identifiable information via email. Zelis’ customer service center also operates over a private, secure network. Please note, however, that email is not encrypted and is not considered to be a secure means of transmitting personally identifiable information.


Unfortunately, despite Zelis’ best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we will use commercially reasonable means to ensure the security of information you transmit to us, we cannot guarantee that such information will not be intercepted by third parties. We may, however, prosecute any unauthorized or fraudulent transactions to the fullest extent permitted by law.

“SPOOFING” AND “PHISHING”


“Spoofing” or “Phishing” are common Internet scams. These may occur when you receive an email from what appears to be a legitimate source requesting personal information from you. Please be aware that Zelis will NEVER send you an email requesting you to verify credit card or bank information or any other personally identifiable information. If you ever receive an email that appears to be from us requesting such information from you, DO NOT respond to it, and DO NOT click on any links appearing in the email. Instead, please forward the email to us at privacyoffice@zelis.com as we endeavor to investigate all instances of possible Internet fraud.

CHILDREN’S PRIVACY


Zelis’ Website is not meant for children. We do not intentionally collect any personal information from children under the age of thirteen and will dispose of any such information if we become aware that it has been provided to us. Zelis’ online contests or sweepstakes are restricted to entrants who are at least 18 years old or the age of majority in the jurisdiction where they are located, whichever is greater.

CALIFORNIA PRIVACY RIGHTS


Read our California Consumer Privacy Act Statement.

YOUR CONSENT


You acknowledge that this Privacy and Usage Policy is part of the Terms of Use and you agree: (1) that using Zelis’ Website signifies your assent to Zelis’ Privacy and Usage Policy and related terms of use provided above; (2) that such policy is subject to all applicable laws; and (3) your use is undertaken at your own risk. Zelis reserves the right to change this Privacy and Usage Policy at any time, without advance notice. As described above, if we decide to change Zelis’ Privacy and Usage Policy, we will post those changes on this page so that you are aware of what information we collect, how we use it and under what circumstances we disclose it. In the event of a corporate reorganization or asset transfer, your personal information may also be transferred. However, use of your personal information will remain subject to this Privacy and Usage Policy. By giving us your personal information you consent to those transfers occurring

HOW TO CONTACT US


If you have any questions about your privacy or security on Zelis’ Website, please contact us at privacyoffice@zelis.com.

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