Terms of Use

This website ("Web Site") is offered to you by Health Care Cost Management Corporation of Alaska Inc. (HCCMCA).

The following Terms of Use govern your access and use of this Web Site. Also, specific terms and conditions may apply to specific content, data, materials, or information contained on or available through this Web Site (the "Content") and to specific content, data, materials, or information you may upload, submit and/or publish to the Web Site (“User Content”) or transactions concluded through this Web Site. Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.

1. Acceptance of Terms of Use

By accessing or using this Web Site you agree to be legally bound by the Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Web Site. If you do NOT agree to all of these Terms of Use, you should NOT access or use this Web Site.

2. Modification of Terms

These Terms of Use may be amended by HCCMCA at any time. Such amended Terms of Use shall be effective upon posting. By continuing to access or use the Web Site after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions.

HCCMCA reserves the right to discontinue or make changes or updates with respect to the Web Site or the Content of the Web Site at any time without notice. HCCMCA reserves the right to restrict, refuse or terminate access of any person to the Web Site or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.

3. Disclaimers

All content and user content (including, without limitation, text, images, graphics, links, and other materials) on the Web Site is provided "as is" and "as available". HCCMCA and its subsidiaries, affiliates, partners, licensors and suppliers hereby expressly disclaim any representations or warranties of any kind, express or implied, including warranties of merchantability, fitness for any particular purpose, non-infringement, or as to the operation of this web site, the content or user content. Neither HCCMCA nor its subsidiaries, affiliates, partners, licensors and suppliers warrants or makes any representations that (i) the Web Site will meet your requirements, (ii) the Web Site will be uninterrupted, timely, secure, or error free, or (iii) the results that may be obtained from the use of the Web Site (including any information and materials on this Web Site) will be correct, complete, accurate, reliable, or otherwise meet your requirements.

HCCMCA and its subsidiaries, affiliates, partners, licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services and do not warrant that the Web Site or the services which make this Web Site available or electronic communications sent by HCCMCA are free from viruses or any other harmful elements.

Any material downloaded or otherwise obtained through the use of this Web Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

4. Limitation of Liability

In no event shall HCCMCA or any of its subsidiaries, affiliates, partners, licensors or suppliers be liable for any direct, indirect, consequential, punitive, special or incidental or other damages resulting from, arising out of or in connection with the access, use of, or inability to access or use this Web Site, the content or the user content, even if HCCMCA has been advised of the possibility of such damages except to the extent such damages arise directly and solely from willful misconduct or gross negligence on the part of HCCMCA. If you live in a country or state that does not allow any of the foregoing exclusions or limitations of liability or any of the disclaimers of warranties in Section 3 above, such exclusions or limitations will not apply to you but only to the extent such exclusions or limitations are not allowed. In such case, such exclusions or limitations shall be limited to the extent required by applicable law.

5. Third Party Content/Software

HCCMCA is in no way responsible for the content of any site owned by a third party that may be linked to the Web Site via hyperlink, whether or not such hyperlink is provided by the Web Site or by a third party in accordance with the Terms of Use. Any link on our Web Site to another site is not an endorsement of such other site and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the Web Site may link, and we take no responsibility therefore. Any software made available for downloading from or through this Web Site is licensed subject to the terms of any applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. Warranties, if any, with respect to such software shall only apply as expressly set forth in the applicable license agreement. HCCMCA hereby expressly disclaims all further representations and warranties of any kind, express or implied, including warranties of merchantability, fitness for any particular purpose or non-infringement with respect to the software.

6. Copyright and Trademarks

Copyright and all other proprietary rights in Content provided by HCCMCA, its affiliates, subsidiaries and/or partners, the software to operate and publish the Web Site, the compilation of data on the Web Site, and the order, sequence and arrangement of this Web Site, all belong to HCCMCA and / or its partners or licensors. All rights in the Content not expressly granted herein are reserved.

7. Shut-Down of Site

We have the sole right to shut down the Web Site or any part thereof for any reason at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any Content.

8. Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the United States of America. You agree to the non-exclusive jurisdiction of the courts in the United States of America for any disputes, claim or cause of action arising out of, or relating to or in connection with these Terms of Use or your use of this Web Site, including any disputes relating to the existence or validity of these Terms of Use.

9. Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.

10. No Waiver

No failure on the part of HCCMCA to enforce any part of these Terms of Use shall constitute a waiver of any of HCCMCA’s rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by HCCMCA nor the reliance of any person on HCCMCA’s actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of HCCMCA shall have any legal effect whatsoever.

The parties hereby irrevocably waive their right to trial by jury in any action or proceeding (including any counterclaim) of any type in which they are parties as to all matters arising out of or relating to this agreement.

11. Headings

The headings of the sections of the Terms of Use are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Terms of Use.

 

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