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Web Terms and Conditions of Use
This Website ("Site") is owned by Midlands Choice, Inc.
By accessing, viewing, or using the systems, services or materials on this Site, you indicate your understanding of the following Terms and Conditions of Use and further agree to accept such Terms and Conditions of Use and to be legally bound by them.
Availability And Use of Materials on the Site
“Materials” means all information, forms, documents, software, and all content present or available on this Site, including logos, service marks and Midlands Choice company name. "Software" means any computer software accessible to you on the Site. Midlands Choice may revise the Materials at any time. Materials, which offer descriptions or information on our products, are intended as general information and may not contain complete descriptions of all applicable terms, exclusions and conditions. The product information contained on this Web Site has been prepared for informational purposes only and is not intended to constitute a solicitation or offer for sale.
Copyright and Proprietary Rights in Marks, Logos and Materials
All Materials on the Site are owned by Midlands Choice unless otherwise indicated. All Materials are protected by United States copyright and all other applicable laws. Removal or reproduction, by any means, of any Materials is prohibited without prior written consent by Midlands Choice.
License to Use Materials
Midlands Choice grants you a non-exclusive, non-transferable, temporary license to use Materials other than the Software. Midlands Choice may revoke your license to use any Material (including Software) at any time if you fail to comply with this Agreement, or for any other reason. You agree to use the Materials exclusively in conjunction with the positive marketing of Midlands Choice’s products and in accordance with procedures established by Midlands Choice. In no event shall the Materials be used in any manner that Midlands Choice deems to be directly or indirectly in competition with Midlands Choice or contrary to the best interests of Midlands Choice.
License to Use Software
Permission to use the Software is granted only if you are a provider in the Midlands Choice network, a Midlands Choice payer, employer or member enrolled with a Midlands Choice payer, or a broker representing a payer or employer group enrolled with Midlands Choice. If you are thus permitted to use the Software, Midlands Choice grants you a non-exclusive, non-transferable, temporary license to use the Software. The Software is the sole and exclusive property of Midlands Choice, or Midlands Choice’s third party vendor, as identified by the Software. If Midlands Choice’s authorization to use third party Software expires or terminates, your license to use the Software is immediately and automatically revoked. You agree to use the Software exclusively in conjunction with the marketing of Midlands Choice’s products and in accordance with procedures established by Midlands Choice. Under no circumstances, other than for backup or archival copying purposes, may you copy the Software or any portion thereof without Midlands Choice’s prior written consent. You are not otherwise authorized to copy, reverse engineer, decompile, or use the Software in any manner other than as expressly authorized in this Agreement.
Communications With the Site
Except as required by privacy laws, if you elect to communicate with Midlands Choice via the Site or e-mail addresses contained within the Site, you acknowledge that Midlands Choice does not guarantee protection or confidentiality of the information contained within these email messages. Midlands Choice shall be free to disclose or use all information (except that which is protected health information) contained in your message without any liability or limitation, including but not limited to creating and marketing products and/or services. Midlands Choice is not responsible and shall not be liable for the contents of information, messages or other content posted to the Site by visitors, third-party vendors, or persons other than Midlands Choice employees.
Links to Other Websites
The Site contains links to other Internet Website for the convenience of the Site’s users in location information and services that may be of interest. You acknowledge that these third-party sites are maintained by persons or organizations, which Midlands Choice does not control, and Midlands Choice expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites. Midlands Choice does not control, endorse, promote, or have any affiliation with any other Website unless expressly stated in the Site.
Use of The Internet
Use of the Internet is solely at your own risk and is subject to all applicable state, national and international laws and regulations. While Midlands Choice endeavors to apply security protocols which are reasonable and appropriate to the types of electronic communications which occur through use of the Site, the confidentiality of any communication or material transmitted to or from Midlands Choice via the Site, other Web Sites or Internet electronic mail cannot be guaranteed, including personal information such as your address or social security number. Midlands Choice will not be liable for any resulting loss, including but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
Disclaimer of Warranty and Limitation of Liability
Use of this Site is entirely at your own risk. In no event shall Midlands Choice be liable to you, or to any third parties, for any damages you or a third-party may sustain due to your use or inability to use the Site or any Materials, even if Midlands Choice has been advised of the possibility of such damage. Midlands Choice shall not be liable for any direct, special, indirect, incidental, consequential, or punitive damages, including without limitation, lost revenues, or lost profits, which may result from the use of, access to, or inability to use these materials. Under no circumstances will the total liability of Midlands Choice to you exceed the price paid for use of the Site. The Site and Materials are provided “as is.” To the maximum extent permitted by law, Midlands Choice disclaims all warranties of any kind, either expressed or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose, or non-infringement. Midlands Choice does not warrant that the functions contained in the Site or any Materials will meet any requirements or needs you may have, or that the Site or any Materials will operate in an error free or uninterrupted fashion, or that any defects or errors in the Site or Materials will be corrected, or that the Software is compatible with any particular platform. Some jurisdictions do not allow the waiver or exclusion of implied warranties so they may not apply to you.
Indemnification and Injunction
You agree to defend, indemnify, and hold harmless Midlands Choice, its vendors and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney's fees and litigation expenses) relating to or arising from your use of the Site, any breach by you of these Terms and Conditions, your negligent or intentional acts, errors or omissions in regard to the subject matter of this Agreement, or your failure to comply with applicable laws.
Governing Law and Jurisdiction
This Agreement is governed by the laws of the State of Nebraska without regard to that state's principles of conflicts of laws. Your consent to the jurisdiction of the federal and state courts presiding in Omaha, Nebraska, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by Midlands Choice from its home office located in Omaha, Nebraska. Midlands Choice makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.
