1 Acceptance of Agreement.
You agree to the terms and conditions of this Agreement with respect to www.gmmi.com (the “Web Site”).
Unless otherwise indicated, this Web Site and its content, graphics, design, digital conversion and other matters related to the Web Site are protected under applicable copyright law, logos, trademarks, service marks, and other proprietary rights, including without limitation intellectual property rights. The posting of information or materials on this Web Site does not constitute a waiver of any right in such information and materials. Some of the content of this Web Site is or may be the copyrighted work of third parties, who retain all rights thereto.
GMMI hereby grants you a non-exclusive, non-transferable, revocable license to access, use and print information from the Web Site sole for personal, non-commercial purposes in accordance with this Agreement; provided that you maintain all copyright notices and other policies contained therein.
4 Restrictions on Use
GMMI has the right to refuse service, terminate accounts, and/or cancel transactions at our sole discretion if we believe that any of your conduct is in violation or breach of any applicable law and/or GMMI policy.
You may not further copy, modify, use or distribute the materials in this Web Site in any way without GMMI’s permission.
You may not, without GMMI’s express written permission:• Copy, distribute, transmit, sell, rent, lease, loan, or otherwise make available any content accessed from this Web Site; • Use the Web Site or any materials obtained from the Web Site for any purpose other than your own personal, non-commercial uses; • Create compilations or derivative works of any content or materials from the Web Site; • Use any content or material from the Web Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of GMMI or any third parties; • Remove, de-compile, disassemble, or reverse engineer any Web Site software; • Use any automatic, or manual process to harvest information from the Web Site; or • Use the Web Site or any of its content or materials for the purpose of gathering information for or transmitting unsolicited commercial e-mail. • Use that Web Site in any manner that violates any state or federal law, including without limitation privacy laws.
5 Errors, Corrections and Changes
GMMI uses its best efforts to provide the most accurate information on our Web Site. We do not represent or warrant, however, that the Web Site will be error-free, free of viruses or other harmful component, or that defects will be corrected. We further do not represent or warrant that the information available on or through the Web Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Web Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information, or other content appearing on the Web Site.
6 Products and Services Offerings
“GMMI” is the brand name used for products and services provided by Global Medical Management.
The product and/or service descriptions, if any, provided on this Web Site are not intended to constitute offers to sell or solicitations in connection with any product or service. All products are not available in all areas and are subject to applicable regulation and in many instances may be offered only through employers or other plan sponsors.
Covered services are provided under the terms of the applicable Group Service Agreement, along with all applicable Riders and Amendments.
Nothing in this Web Site should be construed as a solicitation or offer to purchase coverage from GMMI or any of its clients.
7 No Health Care Advice
The information contained in this Web Site is general in nature and is not a substitute for professional health care. It is not meant to replace the advice of a health care professional. You should seek the advice of a physician or health care professional for complete health information and advice.
8 Disclaimer Limitation of Liability
THE MATERIALS ON THIS WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. GMMI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GMMI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GMMI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOTGMMI) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
UNDER NO CIRCUMSTANCES OR ANY THEORY OF LIABILITY UNDER INTERNATIONAL OR CIVIL, OR COMMON, OR STATUTORY LAW, INCLUDING BUT NOT LIMITED TO STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT THEORIES OR CONTRACT, PATENT, OR COPYRIGHT LAWS SHALL GMMI BE LIABLE FOR DAMAGES OF ANY KIND OCCURING OCCURRING FROM THE USE OF THIS WEB SITE OR ANY INFORMATION, GOODS, OR SERVICES OBTAINED ON THIS WEB SITE INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIAL IN THIS SITE, EVEN IF GMMI OR A GMMI AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SUCH EXCLUSIONS OR LIMITATIONS DO NOT APPLY.
10 Third Party Content
Third party content may appear on the Web Site or may be accessible via links from this Web Site. We are not responsible for and assume no liability for any third party mistakes, misstatements of law, defamation, and opinions expressed, omissions, falsehood, obscenity, pornography or profanity in statements, opinions or representations or any other form of content on the linked web site. Inclusion of any linked web site on our Web Site does not imply approval or endorsement of the linked web site by us. You understand that the information and opinions in the third party content represent solely the thoughts of the third party and is neither endorsed by nor does it necessarily reflect our belief. If you decide to leave our Web Site and access these third- party sites, you do so at your own risk.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to, but not limited to, you profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold harmless GMMI and our partners, agents, officers, directors, employees, subcontractors, parents, affiliates, successors, shareholders, assigns, third party suppliers of information and documents, advertisers and service providers (collectively, (Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Web Site.
13 Use of Information
We will not be required to treat any submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the submission of every kind and nature everywhere. We will no entitled t use the submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
The Web Site contains links to other web sites. We are not responsible for the content, accuracy or opinion expressed in such web sites. Inclusion of any linked web site on our Web Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Web Site and access these third party sites, you do so at your own risk.
You must obtain written permission from GMMI prior to establishing a links to this Web Site and/or specific pages on this Web Site. In the establishment of a link, content on our Web Site may not be removed or obscured, by framing or otherwise, advertisement, the copyright notice, or other notices on the Web Site and that the site linking to our Web Site does not engage in illegal or pornographic activities. GMMI reserves the right to request that links be removed and you agree to discontinue the links immediately upon request by us.
As part of the registration and/or account information, GMMI may require your email address. If an email address is required, you agree to provide GMMI with a working email address for which you have access. We will use the email address provided by you to contact you regarding services related to the Web Site and GMMI.
16 Information and Press Releases
This Web Site contains information and press releases by GMMI. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
17 Miscellaneous 17.1 Entire Agreement.
This Agreement constitutes the entire agreement between GMMI and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Web Site, its content, and the subject matter of this Agreement.
GMMI may modify this Agreement from time to time with our without notice to you.
The terms of this Agreement and the license granted herein may not be assigned or sublet by you without GMMI’s written consent in advance.
This Agreement is effective until termination by either party. You may terminate this Agreement at any time by destroying all materials obtained from the Web Site, whether by under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice at GMMI’s sole discretion if you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all materials obtained from this Web Site and any and all copies thereof, whether made under the terms of this Agreement or otherwise.