STAGE DEV MAY, 2013

Privacy and Legal Information

Please read these terms and conditions of use carefully before using the website. By accessing and/or using the website (other than to read these terms and conditions of use for the first time), you are agreeing to comply with these terms and conditions of use, which may change from time to time. If you do not agree to be bound by these terms of use, do not access or use the website.

1.   The Website Does Not Provide Medical Advice
2.   Copyright Statement
3.   Notice of Privacy Practices*
4.   Privacy and Disclosure Statements
5.   Your E-Mail
6.   Who Funds the Website
7.   Links to Outside Websites
8.   Liability of CCHP
9.   Indemnification
10. Jurisdiction

1. The Website Does Not Provide Medical Advice

The website, including its contents and the information provided by Chinese Community Health Plan (CCHP) ("Content") are for informational purposes only. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Content. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the website. If you think you may have a medical emergency, call your doctor or 911 immediately.

The website may contain health or medical related materials that are sexually explicit. If you find these materials offensive, you may not want to use the website.

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2. Copyright Statement

Copyright 2002-2012 Chinese Community Health Plan. All rights reserved.

The website and Content (and any derivative works or enhancements of the same) is protected by copyright under both United States and foreign laws and may not be stored except for personal and non-commercial use. Republication and redissemination of Content is expressly prohibited without the prior written consent of CCHP. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the website is owned by CCHP or its affiliates. All rights not expressly granted herein are reserved to CCHP.

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3. Notice of Privacy Practices*

CCHP and its affiliated health care providers appreciate the opportunity to provide health care benefits to you and your family. In the course of providing the health benefit programs, CCHP must collect, use and disclose protected health information. CCHP considers this information confidential and private and consequently, CCHP has policies and procedures in place to protect the information against unlawful use and disclosure. In addition, CCHP is required by law to:

  • Keep confidential your protected health information while providing for the uses and disclosures described here which are necessary to administer your health care benefits;
  • Provide you with this Notice of our legal duties and privacy practices pertaining to your protected health information; and
  • Abide by the terms of our privacy notice currently in effect.

For more information, please:

* Translation Disclaimer: This Notice is also provided in Chinese. If there is a discrepancy between the English version and the Chinese version, the English version shall control.

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4. Privacy and Disclosure Statements

CCHP makes the following assurances of privacy for visitors to the website:

  • The website is designed to provide useful information about the CCHP organization and about health.
  • The website does not contain any advertising for products by third parties, nor does CCHP share any of your information with other parties except as authorized by law.
  • CCHP tracks visits to the website via an automatic monitoring program which records, among other things: how many visits are made to the website; the time of day and date of those visits; and the areas visited. This information is used to evaluate the effectiveness of the website. It helps CCHP answer questions such as: is CCHP providing information on the website that is useful? which information is most useful? and how has CCHP made you aware that the website exists? The monitoring program does not provide CCHP with any personal information about the visitor. CCHP cannot discern the name, address or any other personal information about visitors to the website.
  • CCHP is committed to protecting the privacy of children. You should be aware that the website is not intended or designed to attract children under the age of 13. CCHP does not collect personally identifiable information from any person CCHP actually knows is a child under the age of 13.

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5. Your E-Mail
CCHP welcomes your comments or questions about the website and has provided e-mail boxes for that purpose. CCHP will share your comments and questions with its customer service representatives and those employees who are most capable of addressing your questions and concerns.

Please note that your e-mail, like most, if not all, non-encrypted Internet e-mail communications, may be accessed and viewed by other Internet users, without your knowledge and permission, while in transit to CCHP. For that reason, to protect your privacy, please do not use e-mail to communicate information to CCHP that you consider confidential. If you wish, you may contact CCHP instead via non-cellular telephone at the numbers provided at various locations on the website or, in the case of CCHP health plan members, at the Member Services number that appears on your identification card.

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6. Who Funds the Website
The website is funded entirely by the operating income of the organization. CCHP does not accept external advertising income in exchange for promotion of any product or service via the website.

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7. Links to Outside Websites
The website may have numerous links to other Internet pages maintained by third parties, which may have information on health topics of interest to you. CCHP, however, does not operate, control, sponsor or endorse any of these websites, nor does CCHP make any representations regarding their content or accuracy. In addition, CCHP has no control over the privacy practices of external websites. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. The links are provided for your general information and education only, and should not be relied upon for personal diagnosis or treatment. CCHP is not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

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8. Liability of CCHP
The use of the website and Content is at your own risk. When using the website, information will be transmitted over a medium that may be beyond the control and jurisdiction of CCHP and its suppliers. Accordingly, CCHP assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the website.

The website and Content are provided on an "as is" basis. CCHP, ITS AFFILIATES, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, CCHP, its affiliates, its licensors, and its suppliers make no representations or warranties about the following:

  • The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the website.
  • The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the website.

In no event shall CCHP, its affiliates, its licensors, its suppliers, or any third parties mentioned on the website be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the website or Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not CCHP, its affiliates, its licensors, its suppliers, or any third parties mentioned on the website are advised of the possibility of such damages. CCHP, its affiliates, its licensors, its suppliers, or any third parties mentioned on the website may only be liable to the extent of actual damages incurred by you, not to exceed U.S. $1,000. CCHP, its affiliates, its licensors, its suppliers, or any third parties mentioned on the website are not liable for any personal injury, including death, caused by your use or misuse of the website or Content. Any claims arising in connection with your use of the website or Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these terms and conditions are exclusive and are limited to those expressly provided for in these terms and conditions.

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9. Indemnification

You agree to indemnify and hold harmless CCHP and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the website; (ii) any actual or alleged violation or breach by you of the terms and conditions of use; (iii) any actual or alleged breach of any representation, warranty, or covenant that you have made to CCHP; or (iv) your acts or omissions. You agree to cooperate fully with CCHP in the defense of any claim that is the subject of your obligations hereunder.

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10. Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with CCHP, or in any way relating to your use of the website, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving CCHP or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

The terms and conditions of use are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of the terms and conditions of use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the terms and conditions of use, which shall remain in full force and effect. No waiver of any of the terms and conditions of use shall be deemed a further or continuing waiver of such term or condition of use or any other terms or conditions.