Site Use Agreement
Note to Site Users: If you agree to what you read below, you should click on the button that says "Yes, I Accept the Site Use Agreement." By doing so, you indicate that you understand and intend this Agreement to be the legal equivalent of a signed, written and binding contract; that you intend to legally bind yourself and any individuals (family members or dependents) using your Password; and that you will use the GGH Interactive Resources and the GGH Website in a manner consistent with applicable laws and regulations and in accordance with the terms in this Agreement.
If you do not agree with the terms in this Agreement, please click on "No, Cancel", and you will exit this Agreement and you will not have access to the GGH Website.
1. Agreement Between You and GGH Benefits.
This website provides you with access to Highway to Health, Inc. d/b/a GGH Benefits (GGH's) range of interactive tools and resources, including the following: (i) information about security and healthcare services in destinations around the World either directly through the GGH Website or in some cases through an GGH Customer Service Representative (GGH Service Representative); (ii) the ability to research and in some instances access healthcare "Providers" which have accepted GGH's invitation to participate with GGH, utilizing GGH's proprietary Internet-based provider search and, in some cases, appointment scheduling system, either directly through the GGH Website or in some cases through an GGH Service Representative; (iii) GGH's proprietary translation databases (drug and medical phrase/term); (iv) travel health center content; (v) information resources (i.e. benefits, dependents, and, in some cases, claims information); and (vi) news about healthcare services in and the security status of some of the world's most popular destinations either directly through the GGH Website or in some cases (depending upon the GGH Plan you purchase) through an GGH Customer Service Representative; and (vii) any other tools, services or resources developed or made available by GGH (collectively, any and all such tools, services and resources available on the GGH Website, whether now existing or developed in the future shall be referred to as "GGH Interactive Resources"). Use of the GGH Interactive Resources constitutes acceptance to the terms and conditions set forth herein.
As used in this Agreement, "Providers" means "health care providers" and includes (but is not limited to) individual physicians, physician groups, hospitals, clinics and health systems that participate in GGH's selected community of participating providers. BC Life & Health (BCL) is the underwriting insurer for your insurance program. BCL's sole role is as the insurer underwriting the insurance policy.
This Agreement will set forth the terms and conditions relating to your use of the GGH Website, the Content and the GGH Interactive Resources. You may register individually or you may include family members (dependents) under your account. (See GGH Plan Descriptions.) Any and all family members (dependents) registered under your account shall be bound by the terms and conditions in this Agreement. You acknowledge, agree, and warrant that you will provide access to your Password only to insured spouses and/or dependents and you agree that any user of your Password is bound by the terms set forth in this Agreement.
Upon completion of the site registration process, which includes acceptance of this Agreement, you will select a unique password ("Password"). Your Password shall serve as a personal, revocable, non-exclusive, non-transferable license to use the GGH Website and GGH Interactive Resources for the purposes which it is intended as described herein, conditioned on your continued compliance with the terms of this Agreement. You will be responsible for maintaining the confidentiality of the Password. You agree that you will not impersonate any other person or entity by posting communications using a false or misleading password or otherwise attempting to utilize the GGH Website or GGH Interactive Resources in an anonymous or unauthorized manner. Use of your Password, by any party, including but not limited to spouses and/or dependents, at any time, shall constitute your consent to such use and such user's agreement to be bound by the terms and conditions of this Agreement. You agree to immediately notify GGH if you become aware of any loss or theft of your Password or any unauthorized use of your Password.
2. Use of the GGH Website and GGH Interactive Resources.
You agree not to use the GGH Website or the GGH Website for any purpose that is unlawful or prohibited by the terms and conditions of this Agreement. The GGH Website contains valuable, proprietary content owned by GGH that is protected by state, federal, and international law, including, without limitation, copyright and trade secret laws. You may use such proprietary information solely in connection with the GGH Interactive Resources. Any other use is strictly prohibited.
One feature of the GGH Interactive Resources that may be available is the ability to communicate appointment requests to select Providers (the "Appointment Request Feature"). The Appointment Request Feature, when available, shall be provided solely to assist you to request and to schedule legitimate medical appointments with Providers. Any speculative, false or fraudulent appointment requests are strictly prohibited. You understand and agree that overuse or abuse of the Appointment Request Feature may result in your being denied access to the Appointment Request Feature.
3. Security of GGH's Website; Use of the Internet.
GGH makes reasonable efforts to maintain security of the GGH Website. In some cases when utilizing the GGH Interactive Resources, you will have the option to enter the GGH secure server and will therefore be protected by the Secure Socket Layer (SSL) technology, utilized by most popular browsers, including Netscape and Microsoft Explorer. This technology allows GGH to use advanced encryption tools to protect information transmitted between your computer and our server. Through encryption, the personal information you enter is converted into code so that it cannot be read as the information travels over the Internet. Despite GGH's reasonable efforts to maintain security, you acknowledge that use of the Internet is solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Actual or attempted unauthorized use of the GGH Website or the information provided by you or other parties in connection with the GGH Interactive Resources may result in criminal and/or civil prosecution. For your protection, GGH reserves the right to view, monitor, and record activity on the GGH Website without notice or permission from you. Any information obtained from monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity relating to the GGH Website. GGH will also comply with all court orders involving requests for such information.
4. Confidentiality of Information; Authority to Release Information to Providers.
GGH acknowledges that, in connection with your use of the GGH Interactive Resources, some of the information you will provide, either directly through the GGH Website or to the GGH Service Representative, is personal. Any and all information which you provide shall be used by GGH solely in connection with the GGH Interactive Resources.
You acknowledge that any and all information which you provide to GGH relating to an appointment request (either directly onto the GGH Website or to the GGH Service Representative) may be communicated (by phone, fax or e-mail using the Internet) to a Provider designated by you (which may include such Provider's office staff, appointment scheduling assistants, etc.). You acknowledge and understand that, despite the precautions set forth in this Agreement, GGH does not guarantee the confidentiality of such information.
Even though the information you provide to GGH and/or a Provider during the appointment request process may relate to your medical condition(s), you acknowledge and agree that such information shall not constitute a medical record. As a condition to and in consideration of your ability to utilize the GGH Interactive Resources, you agree that GGH shall have the authority to release (by way of telephone, fax, and/or e-mail using the Internet) any and all information which you provide, of any nature whatsoever, including but not limited to information relating to any physical and mental conditions (including, if applicable, information relating to AIDS, HIV status, and/or your psychiatric records/information) to the Provider(s) which you designate, whether or not you are ultimately seen by such Provider.
In addition, you acknowledge that GGH Interactive Resources contains personal information relating to your claims and claims history. You specifically acknowledge that any person that has access to your Password will have access to such claims information.
5. Provider/Patient Relationship.
You understand that the GGH Interactive Resources serve only as an intermediary function that facilitates connections between Providers and patients. You acknowledge that none of the Providers are employed by or affiliated with GGH, in any way, other than with respect to their agreement to accept requests for appointments from GGH. You acknowledge that the Providers are not obligated to satisfy your appointment requests and that GGH cannot guarantee that your appointment requests will be satisfied. In addition, you acknowledge that you are under no obligation to accept appointment once it has been offered. You acknowledge and understand that, if you are in need of emergency medical services, you should contact the local emergency medical services. GGH cannot be relied upon to make appointments in any particular timeframe. You acknowledge that any Provider which you choose to see has the sole responsibility for the professional care provided to you. GGH assumes no responsibility or liability, of any nature whatsoever, for any claims, including but not limited to medical malpractice claim, that may result from your interaction with a Provider.
You acknowledge and agree that GGH is not a medical referral service, and does not recommend or endorse any particular doctors, dentists, healthcare providers, hospitals, medical clinics, physician practices, or medical services of any kind. GGH does not offer advice regarding the quality or suitability of any particular medical treatment or remedy for any medical condition. Information on the GGH Website or provided to you by an GGH Service Representative in conjunction with the GGH Interactive Resources should not be construed, in any manner, as health or medical advice. You also understand that in inviting and accepting healthcare Providers for participation with GGH, GGH relies, in part, upon information provided by third-parties, including information provided by the Providers themselves. GGH is not and cannot be held liable or responsible for inaccurate, incomplete, or misleading information (collectively, "misinformation") given to it by third parties, whether or not GGH could have discovered such misinformation. GGH does not maintain malpractice insurance coverage on behalf of any of the Providers.
You understand that GGH is not responsible or liable for any costs, expenses, or charges, of any nature whatsoever, in connection with the professional services provided to you by a Provider. In addition, you understand that a Provider may, in some cases, require you to pay for professional services which are rendered, directly to the Provider, at the time such services are provided, in accordance with such Provider's customary fee schedule. Any such medicals costs and/or insurance benefits are governed by the terms and conditions of your insurance policy, not this Site Use Agreement. See your insurance certificate for coverage details.
Use of any of the information and data contained in the GGH Website (all such information and data shall be referred to as the "Content"), use of the GGH Website and use of the GGH Interactive Resources is entirely at your own risk. The Content, the GGH Interactive Resources and the GGH Website are all provided "as is", without warranty of any kind, either express or implied, to the maximum extent permitted by applicable law, including without limitation: (1) any warranties concerning the accuracy, completeness, reliability or availability of Content, products, services or results; and (2) any warranties of title or warranties of merchantability or fitness for a particular purpose.
Utilization of the GGH Interactive Resources and any of the healthcare Providers which participate with GGH or other entities referenced on the GGH Website or in the Content or reliance upon any of the Content shall be at your sole discretion. Any references to Providers or other entities in the Content, on the GGH Website, or in connection with the GGH Interactive Resources, do not constitute or imply endorsements, recommendations or referrals by GGH or BCL. The Providers do not endorse the GGH Interactive Resources or the Content and are not affiliated with and/or endorsed by each other. In addition, you acknowledge that the Content may not be comprehensive and that there may be healthcare services or Providers other than those referenced in the GGH Website, the Content or participating with GGH that meet your medical needs.
Neither GGH, BCL nor any of their respective employees, agents, directors, proprietors, partners, representatives, shareholders, attorneys, predecessors, successors and assigns will be liable for any direct, indirect, incidental, special, or consequential damages (including but not limited to lost profits, and damages that result from inconvenience, delay, or loss) arising out of use of, or inability to use, the Content, the GGH Interactive Resources or the GGH Website, even if GGH and/or BCL has been advised of the possibility of such damages or losses and regardless of whether such damages are caused by negligence, gross negligence, and/or recklessness. If, however, despite the exclusions contained in this paragraph, GGH and/or BCL should be found liable for any loss or damage which arises out of or is in any way connected with the use of the Content or the GGH Interactive Resources, GGH's liability shall not exceed the amount of any fees paid by you to GGH in connection with the use of the Content or the GGH Interactive Resources and BCL's liability, with respect to any one person insured under the insurance policy underwritten by BCL, shall be limited to the claims payable to that person pursuant to the terms of that policy.
GGH and BCL each expressly disclaim all representations and warranties and/or liability relating to all interactions, of any nature, you may have with any of the healthcare Providers or other entities referenced on the GGH Website or participating with GGH. Except for claims payable pursuant to the terms of the insurance policy underwritten by BCL, you agree to look solely to such Providers or entities, not GGH or BCL in regard to any legal claims of any nature or other matter whatsoever arising out of such interactions.
Neither GGH nor BCL are liable for any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
You acknowledge and understand that BCL does not control the GGH Website, the GGH Interactive Resources and/or the Content and links to websites operated by parties other than GGH. You agree that BCL is not responsible for the content of any of the aforementioned websites. GGH's inclusion of links to other websites does not imply BCL's endorsement of the material on such websites or BCL's association or affiliation of any nature with their operators.
The GGH Website and/or the Content may contain links to websites operated by parties other than GGH. Such links are provided for your reference and convenience only. You acknowledge and understand that GGH does not control such websites and you agree that GGH is not responsible for the content of such websites. GGH's inclusion of links to such websites does not imply any endorsement of the material on such websites or any association or affiliation of any nature with their operators.
All content on the GGH Website is: Copyright (c) 1998 - 2018 GGH Benefits, 933 First Avenue, King of Prussia, PA 19406 U.S.A. and/or its suppliers. All rights reserved. GGH also owns a copyright in the GGH Website as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of its content. Your use of the GGH Website and the GGH Interactive Resources, is for your personal and noncommercial use. You agree not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, decompile, or dissemble any aspect of the GGH Website, with the following exception: You may display, print, and store one electronic copy of content provided for your personal use. You may not, without GGH's written permission, "mirror" any material contained on the GGH Website on any other server.
GGH Benefits and the names of GGH products and/or services referenced in the Content or the GGH Interactive Resources are trademarks/servicemarks or registered trademarks/servicemarks of GGH. Other product and company names mentioned herein may be the trademarks of their respective owners. Please be aware that GGH actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
This Agreement is governed by the laws of the Commonwealth of Pennsylvania, U.S.A. You consent to the exclusive jurisdiction and venue of courts in Philadelphia, Pennsylvania, U.S.A., in all disputes arising out of or relating to the use of the GGH Interactive Resources and/or the GGH Website. Use of the GGH Interactive Resources and/or the GGH Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to the warranty disclaimers and liability limitations set forth in this Agreement, then the invalid or unenforceable provision that most closely matches the intent of the original provision and remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between you and GGH with respect to your use of the GGH Interactive Resources and it supersedes all prior or contemporaneous communications of any nature between you and GGH. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
In your individual capacity you: (i) represent and warrant that you are at least 18 years of age and that you possess the legal authority to enter into this Agreement (for you and on behalf of your spouse and/or dependents, if applicable) and to use the GGH Interactive Resources in accordance with the terms and conditions of this Agreement; (ii) represent and warrant that all information supplied by you in registering and utilizing the GGH Interactive Resources is true and accurate; and (iii) agree to supervise all usage of any party utilizing the GGH Interactive Resources with your Password.
8. Term and Termination.
The terms and conditions of this Agreement will take effect upon execution (when you click on the button that reads "Yes, I Accept Site Use Agreement"). The term of this Agreement is for as long as your Password remains active. (The period during which your Password shall remain active does not necessarily coincide with the period of insurance coverage.)