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Terms & Conditions

  1. Scope
    These terms and conditions apply to access made available by Wellmark to a interactive web application and all written, visual and oral information to which a party using such application (hereinafter described as a "User") may have access by utilizing a Personal Identification Number(s) (PINs), a Security Password or other security device provided by Wellmark.
  2. Confidentiality Obligation
    All information to which a User has access by utilizing its PIN, Security Password or other security device provided by Wellmark shall be deemed confidential information. Users agree to maintain the confidentiality of such information in accordance with Federal and state laws. In the absence of any such provisions, Users agree to use reasonable means to protect the confidential information. User agrees that he or she shall only access that information which he or she has a legitimate need to know. User understands and shall make any individuals who are also provided confidential information obtained through or from a interactive web application aware that access to health claims information in the possession of Wellmark is subject to the confidentiality standards set forth under state and/or Federal law and/or the restrictions for the National Committee for Quality Assurance and that improper disclosure of such information to anyone who does not have a legitimate need to know the information, may subject the User and or any other individuals who have access to the confidential information to criminal penalties.
  3. Security
    Each User shall comply with the following rules:
    1. PINs, User Ids, passwords, or other security devices provided by Wellmark shall not be shared with any other individual, except as previously approved in writing by Wellmark's Security Administrator. Passwords shall not be posted or exposed to the view of others and should be constructed in a manner so as to maintain the confidentiality of each authorized individual.
    2. Automatic log on processes, such as PF KEYS or BAT FILES are not to be used unless they require manual input of the PIN, User ID, password or use of any other security device provided by Wellmark.
    3. Passwords should not be saved in the system.
    4. Other rules concerning PINs, User Ids, passwords, or other security devices provided by Wellmark shall be provided to User or to the contact person at the entity to which they are affiliated in writing by the Wellmark Security Administrator (of his or her delegate).
    5. User shall ensure at all times that no visual display of any confidential information shall be visible to the general public or unauthorized personnel.
    6. Access to a interactive web application as described in these terms and conditions shall only be available and utilized by authorized individuals which Wellmark's Security Administrator has been notified of in writing, as changes occur and also from time to time. A User's access shall be confirmed in the communication by the Security Administrator to the User or the entity to which they are affiliated. As between Wellmark and the User, Wellmark owns the confidential information provided hereunder and the grant of the limited license to use the confidential information pursuant to this arrangement does not transfer any rights of any kind to the User other than a limited right to use the data in accordance with the security procedures. Further, all materials provided to user and the entity to which they are affiliated by Wellmark regarding the interactive web applications, including instructions or manuals shall remain the sole property of Wellmark and shall be promptly returned upon termination of this agreement.
  4. No Warranty
    Wellmark makes commercially reasonable efforts to maintain the accuracy of the information contained on the interactive web applications. However, the information sources are not always subject to immediate verification, therefore Users should use independent means to verify the information when possible. Accordingly, all confidential information provided by Wellmark is provided "AS IS" and without any warranty, expressed, implied or otherwise.
  5. Access
    Wellmark shall provide access to interactive web applications to User on a basis consistent with other similarly situated Users of the systems. No guarantee of system availability is provided under this arrangement and Wellmark shall not be responsible for any periods of system down time which Wellmark or any entity acting on Wellmark's behalf for web hosting purposes or other maintenance services determines in its sole judgement may require for system maintenance or which occur for any reasons beyond their control.
  6. Audit Rights
    Wellmark may decide to review certain of its Users regarding the use of the interactive web applications by Users and to examine supporting documentation, records and associated information regarding same. Wellmark shall conduct such audits during normal business hours at any premises where functions are being performed and information accessed under this agreement. Users shall cooperate with any such audits.
  7. Term and Termination
    These terms and conditions shall be effective upon acceptance and shall continue in force and effect unless the parties mutually agree to terminate or shall terminate immediately upon User's violation(s) of these terms and conditions or any other Security Administration policies communicated to User in writing or electronically.
  8. Miscellaneous
    1. User acknowledges that the confidential information is a valuable asset of Wellmark's and improper disclosure or use of such information may cause Wellmark irreparable harm and that there may be no adequate remedy available at law. Accordingly, the User agrees that Wellmark shall have the right to obtain immediate injunctive relief to enforce obligations under this agreement in addition to any other rights and remedies Wellmark may have at law or in equity.
    2. Eligibility and benefit information do not constitute authorization of claim payment. These terms and conditions are not intended to supersede any other contract between Wellmark and another party. All other member and provider contractual limitations, including but not limited to, prior approvals, precertification and referrals must be handled separately as defined in the Member and Provider Information offered by Wellmark. Appropriate penalties as defined in those contracts shall apply for failure to meet these obligations.
    3. Any computer hardware and/or software purchased by User to obtain access to or to a interactive web application shall be the sole financial responsibility of User or the entity to which they are affiliated. Wellmark shall not be responsible in any way for any of the software or hardware equipment in the event that this agreement is terminated or the access provided hereunder is otherwise removed or restricted in any way. In addition, User is responsible for ensuring that the hardware and software they have purchased is compatible with any interactive web application. Any costs associated with providing this access, including but not limited to the charges for the ongoing use of telecommunications lines, internet service providers, or the like shall be borne by the User. In addition, Wellmark shall not have any liability whatsoever for any incidental or consequential damages related to providing the access or the use of information under the terms of this agreement.
    4. User represents and warrants that he/she has the authority to access this information and the authority to agree to these Terms and Conditions. User shall indemnify and hold Wellmark harmless for any loss, cost, or expense, including but not limited to reasonable attorney's fees directly related to the User's improper use of a interactive web application, access to confidential in.
    5. Any provision of this agreement should become prohibited by or irrelevant by applicable state or Federal law or determined invalid or unenforceable by a court of competent jurisdiction or any other governmental or regulatory authority with jurisdiction over the parties hereto such provisions shall be ineffective to the extent of such prohibition, without invalidating the remainder of the provision or remaining provisions of this agreement. Any notice provision requiring a written notice shall be satisfied if notice is provided electronically to the User on their behalf or to Security Administration on behalf of Wellmark.
    6. The confidentiality obligations and the indemnification obligations shall survive the termination of this agreement.
    7. These Terms and Conditions shall be construed according to the laws of the State of Iowa.