SAG-AFTRA Health Plan Terms and Conditions
Please read the following Terms and Conditions (Terms) carefully before using the SAG-AFTRA Health Plan (Plan) websites, the Contributions Manager or using any online features or mobile applications that are made available by or on behalf of the Plan (collectively, the Web Properties).
These Terms are in effect for all of the Plan’s Web Properties. These Terms are not applicable to any other web page operated and/or owned by any entity other than the SAG-AFTRA Health Plan, including, but not limited to, any website, mobile application, blog, forum, or other material operated by any third party identified on the Web Properties. When visiting these third-party websites, you should refer to the Terms and Conditions in effect for the applicable owner.
These Terms include important information about your legal rights, remedies, and obligations. By accessing or using the Web Properties, you agree to be bound by the Terms and all additional Terms incorporated by reference. If you do not agree to any portion of these terms, you should not access or otherwise use the Web Properties.
The Plan will make an effort to update this web page with any changes to these Terms and you are encouraged to review these Terms frequently.
By merely providing access to the Contributions Manager and Web Properties, the Plan does not warrant or represent that: (a) any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Web Properties (Content) is accurate or complete; (b) the Content is up-to-date or current; (c) the Plan has any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Web Properties will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Web Properties is accurate or complete.
The Contributions Manager also allows producers to run reports containing data submitted by the producer through the Contributions Manager, subject to the limitations noted above. By running any reports through the Contributions Manager, you agree to treat the reports and information contained therein confidentially and for internal use only.
You may view, copy or print a single copy of any page from the Web Properties if you include the following copyright notice: "Copyright © 2016. SAG-AFTRA Health Plan. All rights reserved." Viewing, copying or printing any reports derived from the Contributions Manager does not require such notice. The SAG-AFTRA Health Plan pages and materials may contain other copyright and proprietary rights notices and in no event may you remove, modify, or alter these notices. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information from the Web Properties without the express, prior, written consent of the SAG-AFTRA Health Plan. You may not use any web property for any commercial use. Any special rules for the software, audio files, downloads and other items accessible through the Web Properties may be included elsewhere in the Web Properties and are incorporated into these Terms by reference.
We may make changes to the Web Properties described in these Terms at any time and without further notice. We will make an effort to update this web page with any changes to the services described in these Terms.
User Account, Password and Security. To the extent that a User Account is created by you to access and use the Contributions Manager, the following shall apply:
- User Account. To access certain types of features, the Content and the User Content available through the Web Properties, we require the use of a username and password after setting up a User Account. We use reasonable precautions to protect the privacy of your username, password, and User Account information. However, you are ultimately responsible for protecting your username, password, and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies, if any. You agree to (i) immediately notify the SAG-AFTRA Health Plan of any unauthorized use of your username, password, or User Account, or any other breach of security, (ii) ensure that you exit from your User Account at the end of each session; and (iii) inform the SAG-AFTRA Health Plan of any termination of employment of producer’s staff member with a user account, so that access through that account may be deleted. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the internet is secure, or that such transmissions are free from delay, interruption, interception or error.
- Accurate Information. In creating and using your User Account for use on the Web Properties, you agree to: (i) provide true, accurate, current, and complete information about you and/or your organization on any registration form required for the Web Properties; (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete; and (iii) maintain and promptly update payment information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if the SAG-AFTRA Health Plan have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
- Non-Transferability of User Account. User Accounts and usernames are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Properties with his or her username and password.
No warranties for Web Properties. When using the Web Properties, information will be transmitted in such a way that may be beyond the control of the SAG-AFTRA Health. As such, the SAG-AFTRA Health Plan makes no warranty concerning the delay, failure, interruption, or corruption of any data, the Content, the User Content, or other information transmitted in connection with the use of the Web Properties. You expressly agree that use of the Web Properties is at your sole risk. The Web Properties, the content and the user content are provided as is and as available for your use, without warranties of any kind, either expressed or implied, unless such warranties are legally incapable of exclusion. We make no representations or warranties that the web properties, the content, and the user content or any services offered in connection with the web properties are or will remain uninterrupted or error-free, that defects will be corrected or that the web pages on or through the web properties, or the servers used in connection with the Web Properties, are or will remain free from any viruses, worms, or other harmful components. The SAG-AFTRA Health Plan does not guarantee that you will be able to access or use the Web Properties at times or locations of your choosing, or that the SAG-AFTRA Health Plan will have adequate capacity for the Web Properties as a whole or in any specific geographic area. The SAG-AFTRA Health Plan makes no representation or warranty regarding government compliance of any software used in running the Web Properties. The entire liability of the SAG-AFTRA Health Plan and your exclusive remedy with respect to the use of any service or product provided on or through the Web Properties will be the refund of the purchase price for any content, user content, products, or services found to be inadequate.
Indemnification. You agree to defend, indemnify and hold harmless the SAG-AFTRA Health Plan, and its directors, officers, employees and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorney fees) assessed or incurred by thePlan, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or any claim that your User Content caused damage to a third party.
Limitation of Liability. In no event will the SAG-AFTRA Health Plan be liable for any indirect, incidental, special, exemplary, punitive or consequential damages arising from your use of the Contributions Manager and Web Properties and/or any content and/or user content provided in connection with the Contributions Manager and Web Properties or for any other claim related in any way to your use of the Web Properties and/or any content and/or user content provided, including but not limited to loss of data or interruption in its use or availability. Additionally, the Plan shall not be liable for negative repercussions to any party based on the comments, views, and opinions of any author or contributor, including but not limited to lost goodwill or lost profits. Furthermore, the Plan shall not be liable for any negative repercussions resulting from the lack of availability of any Web Properties and/or any content provided with the Web Properties, including but not limited to the use of the online contribution payment feature. You are responsible for ensuring that any contributions owed to the plans on behalf of your employees are paid timely. Failure to timely pay will subject you to liquidated damages and/or interests as detailed in the Plan’s Trust Document.
Third Party Content and Third Party Applications. The SAG-AFTRA Health Plan may provide links to other websites maintained by third parties, or may provide third party content on the Web Properties by framing or other methods (Third Party Content). In addition, the Web Properties may include certain applications, features, programs and services provided by third parties (Third Party Applications). The SAG-AFTRA Health Plan does not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. The links to third party websites, any third party content, and any Third Party Applications are provided for your convenience and information only. The content on any linked website or in any third party application is not under the SAG-AFTRA Health Plan control and, just as with the Web Properties, the SAG-AFTRA Health is not responsible for the content of linked websites and/or third party applications, including any further links contained in a third party website. The SAG-AFTRA Health Plan makes no representations or warranties in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided as is. Third Party Applications may be subject to additional terms and conditions or agreements between you and the provider of such Third Party Applications as may be provided to you in connection therewith, and you agree to fully comply with all such additional terms, conditions and agreements. If you decide to access any of the Third Party Websites linked to the Web Properties, any Third Party Content, and/or any Third Party Application, you do so entirely at your own risk. If a third party links or refers to the Web Properties, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with the SAG-AFTRA Health Plan. In most cases, the Plan is not aware that a third party has linked or refers to the Web Properties. A third party website that links to the Web Properties: (a) may link or refer to, but not replicate, the Content and/or the User Content; (b) may not create a browser, border environment or frame the Content and/or the User Content; (c) may not imply that the SAG-AFTRA Health Plan is endorsing it or its products or services; (d) may not misrepresent its relationship with the SAG-AFTRA Health Plan; (e) may not present false or misleading information about the SAG-AFTRA Health Plan products or services; and (f) should not include content that could be construed as distasteful, offensive or controversial.
Intellectual Property. The Content of the Web Properties, including but not limited to the graphics, audio clips, video clips, and editorial content, is intellectual property owned, controlled and/or licensed by the SAG-AFTRA Health Plan. All applicable intellectual property laws, including copyright laws, protect the SAG-AFTRA Health Plan’s rights in and to the Content. No portion of the Content and/or the User Content may be reproduced in any form or by any means, except as provided in Section 3 (Web Properties Use and Content) and elsewhere in these Terms.
The SAG-AFTRA Health Plan is the copyright owners or authorized licensees of all trademarks, service marks and logos used and displayed on the Web Properties. All trademarks and service marks of the SAG-AFTRA Health Plan, or its subsidiaries or affiliates, that may be referred to on the Web Properties are the property of the SAG-AFTRA Health Plan, or one of their subsidiaries or affiliates. Other parties' trademarks and service marks that may be referred to on the Web Properties are the property of their respective owners. Nothing on the Web Properties should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the SAG-AFTRA Health Plan, or their subsidiaries' or affiliates', trademarks, service marks or copyrights without the SAG-AFTRA Health Plan’s prior written permission. The SAG-AFTRA Health Plan aggressively enforces its intellectual property rights. Neither the name of the SAG-AFTRA Health Plan, its subsidiaries or affiliates, nor any of the SAG-AFTRA Health Plan’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Web Properties or otherwise, without the SAG-AFTRA Health Plan’s prior written permission, except that a third party website that desires to link to the Web Properties and that complies with the requirements of Section 11 (Third Party Content and Third Party Applications) above may use the name the SAG-AFTRA Health Plan or the title of any Content in or as part of that link.
Termination of service. We may terminate your account or right to access secured portions of the Contributions Manager and Web Properties at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Contributions Manager and Web Properties, to the SAG-AFTRA Health Plan, to its partners, to the contributors, to the business of our Internet service provider, or to other information providers. If you violate any of these Terms, your permission to use the Contributions Manager automatically terminates.
Additional remedies. You acknowledge that if your conduct is inconsistent with the provisions of these Terms it may cause the SAG-AFTRA Health Plan irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that the SAG-AFTRA Health Plan may seek injunctive or other equitable relief seeking to restrain such conduct without the necessity of proving actual harm or posting a bond.
Export restrictions. Any software and all underlying information and technology downloaded or viewed from any Web Property or in connection with the services (Software or Technical Data) by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Web Properties, the Content, the User Content, and any products or services of the SAG-AFTRA Health Plan, including without limitation, the Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
Governing law and jurisdiction. You agree that all matters relating to your access to, or use of, this website shall be governed by the laws of the State of California and any applicable federal laws. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state courts in Los Angeles County, California and the United States District Court for the Central District of California, with respect to such matters.