Terms and Conditions
These terms and conditions apply to access made available by Wellmark or its subsidiaries and affiliates (hereinafter described as “Wellmark”, “Company”, “we” or “us”) to a Wellmark.com 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.
Applicability to Wellmark agents
These terms and conditions apply to individuals or entities who are licensed insurance Producers acting as an Agent of Wellmark pursuant to a Wellmark Agency or Agent Agreement, including a Business Associate Contract, and who are registering to obtain access to information on the secure portion of Wellmark.com in order to conduct Wellmark business and operations, on behalf of Wellmark, and to obtain information necessary to conduct such business in support of the Wellmark customers and policyholders on which the Producer is the designated Agency of Record or Assigned Agent as those terms are defined in the Wellmark Agency and Agent Agreements. Wellmark Agencies or Agents may only access information relating to the Wellmark customers and policyholders for which they are the designated General Agency, Retail Agency, Sub-Retail Agency or Agent, and may not utilize their Agency or Agent login information to access any information relating to Wellmark customers on which they are not the designated Agency or Agent.
Applicability to producers acting as consultants for Wellmark employer customers
These terms and conditions apply to individuals or entities who are retained by Wellmark group health plan customers to provide benefits consulting services to the plan sponsor pursuant to a separate agreement between the plan sponsor and the Consultant (“Consultants” or “Consultant Firm”). Consultants may only register to obtain access to customer group health plan information for those specific employers who have provided Wellmark with authorization to provide the group health plan information to the designated Consultant or Consultant Firm which is a Business Associate of the plan sponsor. Consultants may not utilize their Consultant login information to access information pertaining to business where Wellmark does not have authorization from the group health plan.
Designated security coordinator
A Producer acting as an Agency, or Consultant Firm must designate an individual employee of the Agency or Consultant Firm to act as a Designated Security Coordinator (“DSC”) for the organization. The DSC is responsible for assigning access rights to each individual within a Consultant Firm or each Agent within an Agency. The DSC is responsible for ensuring that individuals provided with access agree to these Terms and Conditions, and comply with them. The DSC is responsible for determining the access each individual within the organization has to group health plan information.
Limitation on data use
The information available is considered Confidential Information as described below. The User may only utilize information accessed via the website strictly for purposes of providing services to the Wellmark customers as a Wellmark Agent, or a Consultant. The information may not be utilized for analytical purposes other than plan administration or to provide services and support to Wellmark customers. The information may not be used or disclosed to any third party, or to individuals who do not need the information for purposes of plan administration, or who are not bound by strict confidentiality provisions as described below. The information may not be altered in any way, and may not be aggregated with other information for analytical purposes.
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 subject to the confidentiality provisions of Agency or Agency Agreements and Business Associate Contracts between Wellmark and the User, and/or between User and a Wellmark customer, this Agreement, and state and federal laws. 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 the same means to protect the confidential information as the Users use to protect confidential information in their own trade or business, but in any event shall at least use reasonable means to protect the confidential information. User agrees that he or she shall only access that information which he or she has legitimate business need to know. User understands and shall make any individuals who are also provided confidential information obtained through or from a wellmark.com 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 that improper disclosure of such information to anyone who does not have a legitimate business need to know the information, may subject the User and or any other individuals who have access to the confidential information to criminal penalties.
Accessing the website and account securityWe reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions, or any other agreement regarding the relationship between you and Wellmark, including but not limited to an Agency or Agent Agreement, Consultant Fee Collection Agreement, Group Insurance Policy, Administrative Services Agreement, individual insurance policy, or network provider agreement.
Each User shall comply with the following rules:
- 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.
- Automatic log on processes, such as PF KEYS or BAT FILES are not to be used unless they require manual input of a PIN, User ID, password or use of any other security device provided by Wellmark.
- Passwords should not be saved in the system.
- 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).
- User shall ensure at all times that no visual display of any confidential information shall be visible to the general public or unauthorized personnel.
- Access to a Wellmark.com 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 Wellmark.com interactive web applications, including instructions or manuals shall remain the sole property of Wellmark and shall be promptly returned upon termination of this agreement.
Prohibited usesYou may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
- In any way that violates any applicable Federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
Wellmark makes commercially reasonable efforts to maintain the accuracy of the information contained on the Wellmark.com 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.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
Your use of the website, it's content and any services or items obtained through the website is at your own risk. The website, it's content and any services or items obtained through the website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.
The Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website.
Intellectual property rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws. The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Wellmark may decide to review certain of its Users regarding the use of the Wellmark.com 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.
Terms and conditions
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.
Changes to terms and conditions
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
- 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.
- 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.
- Any computer hardware and/or software purchased by User to obtain access to http://www.wellmark.com or to a wellmark.com 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 Wellmark.com 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.
- User represents and warrants that he/she has the authority to access this information on behalf of his/her employer and the authority to agree to these Terms and Conditions. User and his/her employer 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 Wellmark.com interactive web application, access to confidential information contained therein, User’s release of confidential information to any unauthorized individuals or entities, User’s breach or the breach by any of the User��s employees, agents or representative of the covenants of this agreement.
- To the extent that User is authorized to enter or correct information in one of Wellmark’s computer systems via a Wellmark.com interactive web application, User agrees that he/she is responsible for the accuracy of any information submitted.
- User understands that Wellmark or one of its accounts shall rely upon such information in making decisions related to the administration of health benefit plans such as eligibility determinations and, thus, will use commercially reasonable efforts to ensure the accuracy of the information provided. User further understands that changes made to membership information such as date of birth corrections or address changes may cause Wellmark to make changes to premium rates at the next billing cycle or renewal date.
- The confidentiality obligations and the indemnification obligations shall survive the termination of this agreement.
- These Terms and Conditions shall be construed according to the laws of the State of Iowa.