Section 508

Effective July 1, 2015

This Terms and Conditions of Use Agreement ("Agreement") is a legal agreement between you and Sutter Health Plan ("Sutter Health Plan" or "we") governing your use of this Website (the "site").

Your use of this site is subject to the terms and conditions of this Agreement. By accessing, using and/or viewing our site, you hereby agree to be bound by the terms of this Agreement. You must be age 18 or older to obtain access to this site. If you do not agree to these terms and conditions, you must exit this site.

We may revise the information on the site or otherwise change or update the site, including this Agreement. If we make changes to this Agreement, we will use reasonable efforts to post such changes before they become effective and to specify the date they will become effective. In the absence of any specific date being provided, the changes are effective immediately. A current version of this Agreement showing the effective date is always available at this location. We encourage you to periodically read this Agreement to see if there have been any changes that may affect you. Your continued use of the site will signify your continued agreement to this Agreement as it may be revised.

We hereby grant you a personal, non-exclusive, non-transferable, revocable license to access our site and the information contained within the site. By using this site, you are attesting that you are age 18 or older.

The site contains software tools and databases that allow you to search and retrieve information. You may not sell, distribute or commercially exploit such software tools, databases or the results of any database search performed on this site. You may not use any data mining, robots, or similar gathering and extraction tools. You may not sell, rent, lease, lend, or transfer any services provided on this site. You may not gain unauthorized access to the site, to other users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the site. You may not send or otherwise transmit to or through this site chain letters, unsolicited messages, so-called "spamming" or "phishing" messages, or messages marketing or advertising goods and services.

You may use our services for lawful purposes only. You may not use our services to post, transmit or otherwise distribute unlawful material. Examples of unlawful material include, but are not limited to, threats of physical harm, defamatory statements, pornographic material, and copyrighted, trademarked, and other proprietary material used without proper authorization. You may not post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment. You may not "flood" or disrupt our site through any means or process such as launching or using any automated system, including but not limited to, "robots," "spiders," or "offline readers." You may not misrepresent your identity or affiliation in any way. You may not restrict, discourage or inhibit any person from using the site, disclose personal information on the site or obtained from the site or collect information about users of this site. You may not reverse engineer, disassemble or decompile any section or technology on the site, or attempt to do any of the foregoing.

You are responsible for all use of our services and the site, with or without your consent, by yourself and others, which occurs by, through, or in connection with access to the site via your computer.

You are not obligated to register with Sutter Health Plan in order to access this site. However, certain sections and features of this site are available only to Sutter Health Plan members, brokers, providers and employers ("Registered Users"). If you are a Registered User, you agree to accurately maintain and update any information about yourself that you have provided to Sutter Health Plan. You also agree to promptly notify us of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to this site.

Sutter Health Plan does not charge you any fees for using its site, but you may incur charges from your online service provider and/or telephone or cable companies.

Sutter Health Plan may offer users certain interactive features through the site from time to time. Interactive features may include the submission of commentary, feedback or other communications or materials by you and other users ("User Submissions").

Any personal information you submit to our site is governed by the Sutter Health Plan Privacy Policy. This includes information on your rights to see and receive copies of your personal health information. To deactivate your shplan.org account, please contact Sutter Health Plan Customer Service.

You agree, represent and warrant that any User Submission is a) truthful, accurate, and not misleading, b) offered in good faith, and c) that you have the right to transmit such information.

Subject to the limitations of the Sutter Health Plan Privacy Policy, you hereby grant to Sutter Health Plan a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, display, distribute, modify, and create derivative works based upon any content you submit, including the right to incorporate the content into any form, medium or technology throughout the world without compensation to you. You further voluntarily waive any "moral rights" you may have in such content. If you provide your email address in connection with your User Submission, you agree that Sutter Health Plan and its third-party plan partners may use your email address to contact you about the content and for other administrative purposes.

Members may use this site to view certain information from their Sutter Health Plan history including, but not limited to, their medical claim history and prescription drug history. If you think that the information included in your Personal Health Record that came from your Sutter Health Plan history is inaccurate, you may contact Sutter Health Plan using the customer service number listed on the back of your member ID card.

All content included on the site, including but not limited to, any text, documents, forms, software, images, sounds, names, logos, graphics and interactive features and any trademarks, service marks and logos contained and all other materials therein (collectively "Materials") are owned by or licensed to Sutter Health Plan, its affiliates or its suppliers, subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions.

Except as provided in the "Website Access; Prohibited Activities" section above, and except as expressly authorized or contemplated (such as for files containing Benefit Plans and Sales Materials), you may not: (1) copy, reproduce, publish, distribute, create derivative works of, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit, any copyright-protected element of the site, including the content and/or software on the site; (2) make any use of Sutter Health Plan’ trademarks and/or trade dress; (3) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, and/or form) of Sutter Health Plan; or (4) use any metatags or any other "hidden text" utilizing the Sutter Health Plan name or trademarks.

You may use information purposely made available by Sutter Health Plan for downloading from this Site, provided that you: (1) keep intact all copyright and other proprietary notices; (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; (3) make no modifications to any such information; and (4) do not make any additional representations or warranties relating to such information. You agree not to circumvent, disable, or otherwise interfere with security related features of this site or features that prevent or restrict use or copying of any Materials or content.

Modification of any Materials or use of any Materials for any other purpose is a violation of the copyrights and other proprietary rights of Sutter Health Plan, or of other entities or persons where so indicated, unless Sutter Health Plan or the owner has provided said Material for such express purpose. Permission for all other uses of Materials contained herein, including reproducing and distributing multiple copies or using Materials on any other website or networked computer or linking to any page at this site except the "home page" (sutterhealthplan.org), must be obtained from Sutter Health Plan or the appropriate rights owner in advance; otherwise, such use is prohibited. Requests for such authorization from Sutter Health Plan should be submitted via an email to SHPCommunityManager@sutterhealth.orgAll design rights, databases and compilation and other intellectual property rights associated with this Site, in each case whether registered or unregistered, and related goodwill, are proprietary of Sutter Health Plan.

As you view the site, you may notice links to third-party websites. If you use these links, you will leave this site. Certain of these linked websites may make use of Sutter Health Plan proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from Sutter Health Plan. Sutter Health Plan is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by Sutter Health Plan of the organizations sponsoring such third-party websites or their products or services. This Agreement does not apply to any other websites.

Certain content and services offered to you on this site and via a link through this site are served on websites hosted and operated by a third party ("Third Party Websites"). Except as described otherwise in Sutter Health Plan' Privacy Policy or these Terms of Use, Sutter Health Plan does not disclose Personal Information (including personal health information) you provide on this website to these Third Party Websites without your consent, but you should be aware that any information you disclose once you access these other websites is not subject to Sutter Health Plan's Privacy Policy. Once you click on a link to a Third Party Website, and leave Sutter Health Plan's site, that site's privacy policy and terms of use, rather than Sutter Health Plan's Privacy Policy and Terms of Use, govern your activities on that site. You should also be aware that some Third Party Websites offer mobile applications ("mobile apps") that can be downloaded to a mobile device (such as your phone or computing notebook) that would enable you to access Third Party Website content directly on your mobile device. The use of such mobile apps may be governed by a privacy policy and/or terms of use that may be different from, or in addition to, the privacy policy and terms of use that govern the Third Party Website. Sutter Health Plan does not endorse and is not responsible for the privacy practices of the Third Party Websites or any mobile apps provided by any third party. You should review the privacy policy and terms of use posted on each of these websites and mobile apps to understand how that Third Party Website or mobile app collects and uses your Personal Information (including personal health information). You can determine whether you are on a Third Party Website if your browser shows a URL address that does not end in sutterhealthplan.org or shplan.org.

Sutter Health Plan considers the privacy of your health information to be one of the most important elements in our relationship with you. Our responsibility to maintain the confidentiality of your health information is one that we take very seriously.

The Sutter Health Plan Notice of Privacy Practices describes how medical information about you may be used and disclosed and how you can get access to this information. We encourage you to review the notice carefully. You can access the notice at www.sutterhealthplan.org/privacy/notice-privacy-practices.

The webpage www.sutterhealth.org/privacy describes our website and your privacy.

In order to access certain features of our site, you must register and create a password. We require registration as part of a verification system designed to protect your privacy and security as well as the privacy and security of the information you are accessing. If you choose to register on our site, you are responsible for maintaining the security of your password and other login information. You are prohibited from distributing, providing or otherwise making available your password to any third party and are responsible for all activities that occur under your password. You agree to notify Sutter Health Plan immediately of any unauthorized use of your password or of any need to deactivate the password(s) associated with your account.

Sutter Health Plan reserves the right to change or discontinue any content made available through the site at any time and without any notice to you.

Our site contains various types of information originating from ourselves or third parties, including outside vendors that provide health-related information or goods and services. The site provides information about health issues designed to help users make better decisions. However, medical information is not the same as medical advice. Although we go to great lengths to make sure our information is accurate and useful, we urge you to consult a physician if you want professional assurance that our information, and your interpretation of our information, is appropriate to your particular situation.

Sutter Health Plan has made reasonable efforts to validate that our lists of participating providers displayed are up to date and accurate. However, the continued participation of any one physician, hospital or other provider cannot be guaranteed. Please call the provider prior to scheduling an appointment to verify that the provider continues to be part of our network.

As the user of this site, you assume full risk and responsibility for any and all use of this site, including the information presented on the site. The site is intended to be a general information resource only and does not constitute medical advice and is not a substitute for professional medical advice or treatment. You are responsible for seeking professional medical advice if you have any questions about your health or a health condition. You agree to hold Sutter Health Plan and its’ affiliates harmless from any and all claims relating to your use of, your reliance upon, or errors or omission in, information found on this site.

The services, information and functions contained on our site are provided “as is” without warranty of any kind. We expressly disclaim any and all representation and warranties, express or implied, including those of accuracy, completeness, non-infringement, merchantability and fitness for a particular use or purpose, concerning our services or the adequacy, accuracy or completeness of the information or services included on our site, that the services will be uninterrupted or error-free, that defects will be corrected or that this site or the server that makes it available are free of viruses or other harmful components. We expressly disclaim liability for errors in or omissions from services, information, or materials, including health-record histories, prescription and non-prescription drug purchase histories, or prescription refill information. We are not responsible for the content of any linked website or any link contained in a linked website, except to the extent that such website or link is owned and operated by Sutter Health Plan or its affiliates.

Use of our site is at your own risk. With regard to outside vendors and information providers, we do not endorse, or otherwise recommend or approve any product or information located on or available through our site. We do not own or control other networks, sites, or hyperlinked sites outside of our own site, including the outside vendors accessed through our site.

Sutter Health Plan, its Affiliates, its licensors and suppliers will not be liable to you or anyone else for any harm to you or others resulting from the use of our site and/or the products and services provided through our site. To the maximum extent permitted by law, in no event will we be liable to you or anyone else for any special, incidental, direct, indirect, consequential, or punitive damages whatsoever, including, without limitation, damages for personal injury, wrongful death, loss of revenue, business interruption, loss of business information or any other pecuniary loss, loss of technology, loss of rights or services, loss of data, interruption or loss of use of any equipment, mental anguish, emotional distress, or invasion of privacy, arising out of the use of or inability to use our site, even if we have been advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.

We are not responsible or liable for the acts or omissions of outside vendors or information providers, or for performance (or non-performance) within outside networks or interconnection points between our site and other networks and/or sites that are operated by third parties. We also make no representation regarding your ability to transmit and receive information from or through our site, and you agree and acknowledge that at times your ability to access our site may be impaired or disrupted. Although we will use commercially reasonable efforts to take any action we consider appropriate to remedy and avoid such events, we cannot guarantee that they will not occur, and accordingly we disclaim any and all liability resulting from or related to such events.

We are not liable for any failure or delay in our performance due to any cause beyond our reasonable control, including acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the internet.

You agree to defend, indemnify and hold Sutter Health Plan and its directors, officers, employees, agents, affiliates and successors harmless from and against any and all claims, demands, liabilities, judgments, losses, damages, costs, fees and expenses (including but not limited to reasonable attorneys' fees) arising from or relating to your use of the site or your acts or omissions, including but not limited to (1) infringement or misappropriation of any intellectual property rights; (2) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; (3) spamming, or any other offensive, harassing or illegal conduct or violation of this Agreement; or (4) any damage or destruction to our site, to us, or to other persons or parties.

Sutter Health Plan may terminate the license granted to you under the above "Website Access; Prohibited Activities" section at any time if you are in breach of this Agreement. The license will terminate immediately without notice from Sutter Health Plan if, in Sutter Health Plan' sole discretion, you fail to comply with any term or provision of this Agreement. Upon such termination, you may not access, use, or view the site.

Sutter Health Plan reserves the right to revoke your access to this site once your relationship with Sutter Health Plan ends. If your right to use this site ends, you shall make no further use of this site or any information obtained from this site. If you need access to your information available during your Membership period, you may contact Sutter Health Plan Customer Service for assistance.

Sutter Health Plan expressly reserves the right, in its sole discretion, to terminate a Registered User's shplan.org account due to any act that would constitute a violation of this Agreement.

We reserve the right to investigate suspected violations of this Agreement. If we become aware of possible violations, we may initiate an investigation that may include gathering information from you or any user involved and the complaining party, if any, and examination of other material. We may suspend the provision of our services temporarily, or we may permanently remove the material involved from our servers, provide warnings to you, or suspend or terminate your access to our services. We will determine what action will be taken in response to a violation on a case-by-case basis, and at our sole discretion. We will fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

You hereby acknowledge that your breach of this Agreement may result in immediate and irreparable harm to Sutter Health Plan, for which there will be no adequate remedy at law, and that Sutter Health Plan shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of information obtained through the site. Your breach of this Agreement may also entitle Sutter Health Plan to bring an action against you for any and all other remedies available at law or in equity.

We operate and control our site from our location in California, United States of America. We make no representation that any information, materials or functions included on or through our site are appropriate for use in any other jurisdiction. If you choose to access our site from locations other than California, you do so on your own initiative and are responsible for compliance with applicable laws and regulations.

This Agreement, and the rights and obligations of you and Sutter Health Plan hereunder, shall be governed by, and construed in accordance with, the laws of the State of California. You further agree that any legal action or proceeding between you and Sutter Health Plan arising out of or relating to this Agreement or your use of the site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Sacramento, California, and you hereby expressly and irrevocably consent to the jurisdiction and venue of such courts.

A waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions of this Agreement. In the event that any provision of this Agreement is held to be unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that is the closest to the intention underlying the unenforceable provision.

We may assign our rights and delegate our duties under this Agreement either in whole or in part at any time, at our sole discretion, and without your consent. You may not assign, sublicense or otherwise transfer your rights or obligations, in whole or in part, under this Agreement to anyone else.

This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us.

Sutter Health Plan is not licensed to sell products and services in all states nor in all counties within California. The descriptions of products and services contained on the website are offered as a convenience and do not contain all of the terms, conditions, limitations and exclusions that may be applicable.