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Conditions of Use

 

Please read these Conditions of Use carefully before using this Web site.

By using this site, you agree to these terms of use. If you do not agree to these terms of use, please do not use this site. AvMed reserves the right to change the Web site terms, conditions, and notices. You are responsible for regularly viewing these terms and conditions. Your continued use of this Web site constitutes your agreement to such terms, conditions, and notices.

Restrictions on use:

This site is owned and operated by AvMed. Any activity on this site is subject to monitoring by AvMed at any time. Anyone who uses this site consents to such monitoring and agrees that AvMed may use the results of such monitoring without limitation. No material from this Web site or any Web site owned, operated, licensed or controlled by AvMed or any of its related, affiliated companies, may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of AvMed. Modification of the AvMed material or use of the AvMed material for any other purpose is a violation of AvMed’s copyright, service mark, and other proprietary rights. It is a condition of your use of this Web site that you do not restrict or inhibit any other user from using this Web site. Unless otherwise specified, this Web site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site.

No unlawful or prohibited use:

As a condition of your use of this Web site and any AvMed service(s), you will not use this Web site or any AvMed services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this Web site or any AvMed service(s) in any manner which could damage, disable, overburden, or impair any AvMed service(s) or interfere with any party’s use and enjoyment of this Web site or any AvMed service(s). You may not attempt to gain unauthorized access to any AvMed service(s), other accounts, computer systems or networks connected to this Web site or any AvMed service(s) through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through means not intentionally made available through the AvMed service(s).

Limitation of liability:

Under no circumstances, including, but not limited to, negligence, shall AvMed or any of its related, affiliated companies be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use the AvMed material. You specifically acknowledge and agree that AvMed is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any of the AvMed material, or with any of AvMed’s terms and conditions, your sole and exclusive remedy is to discontinue using this Web site.

Disclaimer:

AvMed makes no warranties or representations as to the accuracy of the content on this site and AvMed assumes no liability or responsibility for any errors or omissions in the content on the site.

The material is provided “as is” and without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement, and AvMed hereby disclaims all of the foregoing. Further, AvMed does not warrant that the functions contained in the AvMed materials 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. AvMed does not warrant or make any representations regarding the use or the results of the use of the AvMed materials in this site in terms of their correctness, accuracy, timeliness, reliability or otherwise. AvMed makes no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, products, services and related graphics contained within this Web site or the AvMed service(s) for any purpose. You (and not AvMed) assume the entire cost of all necessary maintenance, repair or correction.

To the fullest extent permissible pursuant to applicable law, AvMed disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness. AvMed does not warrant or make any representations regarding the use or the results of the use of the third party materials in the third party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not AvMed) assume the entire cost of all-necessary maintenance, repair or correction.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

While we try to keep the information on this Web site as accurate as possible, we disclaim any implied warranty or representation about its accuracy or completeness, or appropriateness for a particular purpose. You assume full responsibility for using the information at this site, and you understand and agree that AvMed is neither responsible nor liable for any claim, loss, or damage resulting from its use. The mention of specific products or services at this site does not constitute or imply a recommendation or endorsement by AvMed, unless it is explicitly stated.

Information on this Web site may be changed or updated without notice. Information may be out of date at any given time since AvMed has no obligation to update information presented on this Web site. AvMed may also make improvements and/or changes in products and/or services described in this information at any time without notice.

You specifically agree that AvMed shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through this Web site. You specifically agree that AvMed is not responsible or liable for any content or conduct of any other party or any infringement of another’s rights, including intellectual property rights.

In no event shall AvMed and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising from or in any way connected with the use of performance of this Web site or the AvMed service(s), with the delay or inability to use this Web site or the AvMed service(s) or related services, or for any information, products, services and related graphics obtained through this Web site or AvMed service(s), whether based on contract, tort, negligence, strict liability or otherwise.

Site visitorship data:

AvMed routinely gathers data on web site activity, such as how many people visit the site, the pages they visit, how long they stay, where they came from, etc. The data are collected on an aggregate, anonymous basis, which means no personally identifiable information is associated with the data. These data help us improve site content and overall usage. AvMed may also transfer this information to third parties where required to do so by law, or where such third parties process the information on AvMed’s behalf.

To collect the website usage data, we use “cookie” technology. Cookies are small data elements that we transfer to your browser when you visit our website. By assigning a unique data element to each web site visitor, our web site is able to recognize repeat users, track usage patterns and better serve you in the future. The cookies do not extract personal information about you, such as your name or address.

Collecting and using personal information:

AvMed only collects personally identifiable information from site visitors when site visitors voluntarily and explicitly provide it. This information is collected when site visitors send us e-mail, submit a Member Status Change Form, submit a Web site Visitor Survey, submit a Newsletter Registration, or fill out an application for coverage. This information is used to determine what the issues are, enable us to contact our members / prospective members, and service them in an expedient manner. Registration is required to gain access to secured areas in our web site.

Email and Telephone Communication:

By providing your email address, you agree that AvMed may send emails to you regarding its products and services. You agree that some of these emails, including breach notices, may be sent without encryption and, therefore, you understand that they may be visible to unauthorized persons. You specifically request that AvMed communicate with you in unencrypted emails when AvMed believes it to be appropriate. You agree that it is your responsibility to maintain the privacy and security of your email account. You also agree that, in the event that AvMed needs to provide you with notice of a data breach or a copy of its Notice of Privacy Practices, such notices may be provided to you by unencrypted email.

By providing a phone number, you represent and warrant that you are the current subscriber for the number and are authorized to consent to and do consent to receive and agree that AvMed or its affiliates, service providers, agents, or business associates may deliver, or cause to be delivered, telephone calls including text messages, or voicemail transmissions using an automated system for the selection or dialing of your phone number or the playing of an artificial voice or pre-recorded message regarding the purposes for which you provided your number, including AvMed products and services for which you are enrolled and treatment, appointment reminders and office closure announcements, clinic operations.  If you select the opt-in on the Member Portal for the phone number, you further expressly authorize and agree to calls and messages for marketing, advertising, solicitation, promotional, or other purposes pursuant to the clear and conspicuous disclosure therein.

You agree that some of these calls and messages may be sent without encryption and, therefore, you understand that they may be visible to unauthorized persons. You specifically request that AvMed communicate with you in unencrypted calls or messages when AvMed believes it to be appropriate. You agree that it is your responsibility to maintain the privacy and security of your phone calls and messages.

If you provide telephone number(s) for which you are not the subscriber, you understand that you shall indemnify AvMed or its affiliates, service providers, agents, or business associates for any costs and expenses, including reasonable attorneys’ fees, incurred as a result of attempting to contact you at the number(s).  If at any point you change or obtain a new phone number, or if you no longer maintain the phone number you originally provided to AvMed, you agree to notify AvMed immediately of such change by updating your account information.

Linking to other Web sites:

This site contains links to other sites. AvMed has no control over the content or the availability of these sites, and is not responsible for the privacy practices or the content of such Web sites. AvMed has provided links and pointers to Internet sites maintained by third parties (“third party sites”) and may from time to time provide third party materials on this site. Neither AvMed nor its related, affiliated companies operate or control in any respect any information, products or services on these third party sites. The third party materials in this site and the third party sites are provided “as is” and without warranties of any kind either expressed or implied.

Social Media Policy

The purpose and objective of the AvMed social media channels are to share news, articles, wellness, and company information with “Visitors,” which includes our employees, consumers, clients, constituents, and the public. Social media websites include personal blogs, blogs, Facebook, Twitter, LinkedIn, Google+, Wikis, YouTube and others.

AvMed Social Media Terms and Conditions of Use

  • Online web content of AvMed social media websites, including statements, opinions, comments and photographs posted by Visitors, do not represent or reflect the statements, opinions, policies, and/or ideas of AvMed and/or its officers, directors, employees, and affiliates.
  • AvMed does not endorse and/or accepts no responsibility for the online content posted by Visitors on its social media websites. As a Visitor and user, you agree to defend, indemnify and hold AvMed and its content providers and service providers harmless from any and all claims, liabilities, losses, damages, settlements, judgments, costs and expenses, including attorney’s fees, arising in any way from your use of or access to AvMed’s social media.
  • AvMed discourages Visitors from commenting upon and/or publishing certain items, including but not limited to the following:
    • Personal protected health information and/or private information of any person or entity as per the Health Insurance Portability and Accountability Act (HIPAA) and/or HIPAA Privacy Rule.
    • Commentary, content, or any material that infringes any patent, trademark, copyright or other proprietary rights of any party. Violation of any local, state, federal and international laws and regulations, including those related to copyright and other intellectual property rights (U.S. Copyright Office and Intellectual Property Rights).
    • Links or connections to viruses, worms, corrupted files, spam, advertisers, pornography, or promoting the sale of personal goods, products or services.
    • Commentary and content that is defamatory, threatening, offensive, discriminatory, deceptive, harassing, unlawful and/or illegal.
  • You should carefully consider your privacy before posting personal health information on the Internet. Please remember that your posts and comments are available for all to see. If you post this information publicly, it is not protected by the Health Insurance Portability and Accountability Act (HIPAA) and/or HIPAA Privacy Rule.
  • AvMed monitors all online content, postings and commentary on its social media websites and reserves the right and sole discretion to remove, at any time, online content posted by Visitors which is deemed inappropriate, unethical, in violation of the terms of use above, or against the views of AvMed.

For AvMed Employees, please refer to Procedure Number HR 4.25 for more information.

We welcome your posts and comments on social media channels maintained by AvMed. Please note, however, the social media websites are not intended to be viewed as a customer response, client service website, and/or a source of medical advice, diagnosis or treatment. Do not use social media to seek or obtain medical advice. Please seek a qualified health care provider or professional for any questions and/or concerns regarding personal health conditions. Please understand that AvMed cannot respond to every comment. If you encounter any issues related to your health insurance claims, please contact our Member Services department through the number on the back of your AvMed ID card or at members@avmed.org. If you are experiencing an emergency, please call 911.

Your use of any of the social media channels maintained by AvMed is subject to the Terms and Conditions of Use outlined above. By accessing, viewing, posting or otherwise using any content on or available through AvMed sites, you unconditionally accept the Terms and Conditions of Use. If you do not agree to the Terms and Conditions of Use, you may not use the AvMed sites. By posting online content, Visitors and employees acknowledge that they are publishing information voluntarily, with no expectation of compensation, reimbursement, and/or payment. AvMed may use, reproduce, modify, and/or distribute these materials for its own business purposes without compensation and in accordance with the applicable law.

AvMed reserves the right, at its sole discretion, to suspend, to modify or update these Terms and Conditions at any time without advance notice. Changes will be effective when posted. A Visitor’s continued use of the AvMed social media after such changes to the Terms and Conditions are posted will be considered acceptance of those changes.

The laws of the State of Florida, U.S.A., govern these terms and conditions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Miami-Dade County, Florida, U.S.A., in all disputes arising out of or relating to use of this Web site or the AvMed service(s). You agree that no joint venture, partnership, employment, or agency relationship exists between you and AvMed as a result of this agreement or use of this Web site or the AvMed service(s). You agree to indemnify and hold AvMed, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees asserted by any third party due to or arising out of your use of or conduct on this Web site or the AvMed service(s). If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, these terms and conditions constitute the entire terms and conditions with respect to the this Web site or the AvMed service(s) and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AvMed with respect to this Web site or the AvMed service(s).

Contacting our Web site:

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact AvMed by e-mail through this Web site or by completing a Web Site Visitor Survey. Comments or questions sent to us via e-mail will be shared with the staff most capable of addressing your questions and concerns. We will retain your e-mail until we have made our best effort to provide you with a complete and satisfactory response and then we either discard it, or in some cases, archive it.

Copyright and trademark notices:

All contents of this Web site are copyright (©) 2023 AvMed. All rights reserved. “AvMed” and/or other AvMed marks or products referenced herein are either trademarks or registered trademarks of AvMed. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.