Note that these Terms contain an arbitration provision that requires arbitration on an individual basis,
waives your right to trial by jury, and waives your right to participate in any purported class action or representative proceeding in the event of disputes within the scope of the Arbitration; Venue section.
Your use of the site
Highmark hereby grants you a limited license to copy and use the materials, features and services provided by Highmark on this Site (collectively, the "Materials") solely for your personal, non-commercial use, subject to these Terms. The design and layout of the Site are specifically excluded from the Materials. No other use of the Site or Materials is authorized. You agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein.
Your use of the Site is subject to all applicable local, state, national and international laws and regulations, and you agree not to use the Site for purposes that violate such laws and regulations. In addition, you agree that: (1) you will not interfere with another person's use and enjoyment of the Site; (2) you will not upload, download, transmit or otherwise distribute any message, data, information, text or other material ("Content") that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, and that, by uploading or downloading any Content, you represent and warrant to Highmark that you have the lawful right to reproduce and distribute such Content; (3) you will not upload, download, transmit or otherwise distribute any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable; (4) you will not upload, download, transmit or otherwise distribute any viruses or other harmful, disruptive or destructive files; (5) you will not upload, download, transmit or otherwise distribute any Content that would constitute or encourage a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law; (6) you will not use or attempt to use another's account, service or system without authorization from Highmark, or create or use a false identity on this Site; (7) you will not upload, download, transmit or otherwise distribute spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (8) you will not attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; (9) you will not interfere with or disrupt networks, systems and/or computers connected to the Site, and you will comply with all regulations, policies and procedures of such networks and systems; and (10) you will comply with all United States laws regarding the transmission of technical data exported from the United States. You acknowledge and agree that you are responsible for all use of your email address and will notify Highmark immediately of any unauthorized use.
No transfer of property rights
The products, services, technology and/or processes described and/or used on this Site may be the subject of intellectual property rights reserved by Highmark or other third parties. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title or ownership of or to any intellectual property right of Highmark or any third party.
Warranty restriction; limitation of liability
THE MATERIALS, INFORMATION AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT.
NEITHER HIGHMARK NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES OR DISBURSEMENTS) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF HIGHMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT HIGHMARK HEALTH SERVICES AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500).
NEITHER HIGHMARK NOR ANY OF ITS AGENTS TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD HARMLESS HIGHMARK AND ITS AGENTS AND PARTIES WITH WHOM HIGHMARK HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.
All documents available on this Site may be protected under the U.S. and Foreign Copyright Laws. Permission to reproduce may be required. Highmark retains all rights to the information provided on this Site, including, but not limited to, the right of distribution.
Any transaction or occurrence arising out of accessing, transmitting or viewing any information on this Site shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania (excluding any conflict of laws provisions).
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH HIGHMARK ON AN INDIVIDUAL BASIS AND LIMIT. THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM HIGHMARK.
i. Agreement to Arbitrate
ii. Waiver of Jury Trial
By agreeing to these Terms of Service, both you and Highmark are waiving the right to a jury trial on any Claims. You and Highmark agree that all Claims shall be resolved by final and binding individual arbitration.
In addition, you agree to notify Highmark in writing of any arbitrable Claim within thirty (30) days of the date the Claim arises, so that the parties can attempt in good faith to resolve the Claim informally. Notice to Highmark shall be sent by certified mail or courier to: Highmark Inc., 120 Fifth Avenue Place, Law Department, Pittsburgh, PA 15222. Your notice must include: (i) your name, street address, telephone number, and, if any, an email address at which you can be contacted; (ii) a brief description of the Claim; (iii) the amount of money, if any, at issue in the Claim; and (iv) the specific relief you are seeking.
If you and Highmark cannot agree how to resolve the Claim within thirty (30) days after the notice is received by the other party, then either you or Highmark may, as appropriate and in accordance with this section, commence an arbitration proceeding with a written demand for arbitration.
iii. Limitation on Time to Bring Action
You agree that regardless of any statute or law to the contrary, any Claim brought by you must be filed within one (1) year after such Claim arose or such Claim will forever be barred. Note that this may be a shorter time period than allowed under otherwise applicable law.
iv. Arbitration Administration and Certain Procedures
The arbitration shall be conducted in Pittsburgh, Pennsylvania. All submissions to the arbitrator, the proceedings, and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery and will proceed desk-only unless otherwise ordered. The arbitrator’s award shall be final and binding. The courts of the Commonwealth of Pennsylvania and/or the United States District Court for the Western District of Pennsylvania shall have exclusive jurisdiction and venue over (a) any action concerning the enforcement of an arbitration award, or (b) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Service. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. Highmark reserves all rights and remedies available to it in law or equity. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties.
v. Separability; Enforceability
If any term, clause or provision of this section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses, and provisions of this section will remain valid and enforceable. Further, the waivers set forth in this section are severable from the provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
Neither Highmark nor any of its agents makes any representation that Materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations other than within the United States are responsible for compliance with local laws.
Upon a request by Highmark, you agree to defend, indemnify and hold harmless Highmark and its employees, contractors, officers, directors and agents from all liabilities, claims and expenses, including attorneys' fees and disbursements, that arise from your use or misuse of this Site. Highmark reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Highmark in asserting any available defenses.
Enforcement by Highmark
In the event Highmark determines, that you have violated these Terms, Highmark shall have the right to immediately remove any materials you have placed on the Site and/or terminate your access to the Site, without prior notice to you, and/or pursue any other remedies available to it under applicable law.
Links to and from third party sites; framing
This Site may provide links or references to other sites. Neither Highmark nor any of its agents has any responsibility for the content of these other sites, makes any representations or gives any warranties with respect to any information contained in or at these other sites, or shall be liable for any damages or injury arising from the content of these other sites. Neither Highmark nor any of its agents endorses companies or products to which it has provided links. Any links to other sites are provided merely as a convenience to the users of this Site and, if you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk. Highmark reserves the right to terminate any link or linking program at any time.
There may be circumstances where access to this Site is provided by a link located at another website. Neither Highmark nor any of its agents makes any representations or gives any warranties with respect to any information contained in or at these other sites, and neither Highmark nor any of its agents shall be liable for any damages or injury arising from the content of these other sites. Neither Highmark nor any of its agents endorses the individuals, companies or other similar entities, or any products, services or materials associated with such individuals, companies, or other similar entities, that provide a link to this Site.
Updates to terms
Highmark shall have the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.