Terms & Conditions
AtlantiCare's website and its related online services and SMS communications are made available to the public as online information and communication services of (collectively referred to herein as "AtlantiCare," "us," and "we"). These Terms of Use help you understand what you can do on our site and what your responsibilities are. By continuing to use our website, its related online services and SMS communications, you signify your agreement to these Terms of Use.
The Basics
- All information on this site is copyrighted by AtlantiCare.
- Please don’t reuse information—including images—from this site without our written permission.
- We can’t provide medical advice on this site or through email. If you’re having a medical emergency, call 911.
- To use online payment, you’ll need to agree to allow us to display your information on our secure site.
- You’re responsible for activities that occur on your account.
- We’re not responsible for content on other sites that we link to.
- You can link to our site, but please refer to #2 above.
For more specifics about these Terms of Use, please read the legal details below.
1. Privacy
Your privacy is of the utmost importance to us. Please review AtlantiCare’s Notice of Privacy Practices located on our website, and its Privacy Policy for a thorough description of how we gather, use and protect your personal information. Nothing in these Terms of Use or the Privacy Policy shall be contrary to our Notice of Privacy Practices, as required by Federal Regulation.
2. Restrictions on Use and Ownership
- All pages within this website and any material made available for download (collectively referred to as "the Site") are the property of AtlantiCare and/or its subsidiaries and affiliates.
- AtlantiCare hereby grants site visitors, including patients and members, a non-exclusive license to use the Site solely for personal, informational, and non-commercial use.
- Use of certain features of the Site, including obtaining access to your protected health information, require registration and creation of a user name and password.
- As a condition of your use of this Site, you warrant to AtlantiCare that you will not use the Site for any purpose that is unlawful or not permitted by these Terms of Use. We expressly restrict the use of the Site for purposes including (but not limited to):
- Competitive Advantage: You may not use the Site to obtain materials, data, or information for purposes of gaining a competitive advantage.
- Commercial Benefit / Financial Gain (Payment): You may not use the Site for commercial purposes, or provide you login credentials in exchange for payment.
- Non-Personal Use: The Site is intended for personal use only. Do not provide your login credentials, including user name and/or password to third parties.
- With the exception of your protected health information, all contents of the Site, including the text, images, audio, and video, are copyrighted and may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of AtlantiCare, except that you may download content from the Site to any single computer for your personal, informational and non-commercial use only, provided you keep intact all copyright, trademark, and other proprietary notices and comply with any applicable end user license agreements. For purposes of these Terms of Use, any use of these materials on any other website or networked computer environment for any purpose is prohibited.
- If you breach any of these Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy all downloaded or printed materials obtained from the site with the exception of your own protected health information that you have obtained from the Site.
- Any rights not expressly granted by these Terms of Use or any applicable end user license agreements are expressly reserved by AtlantiCare.
3. Trademark Notice
This Site displays multiple trademarks and service marks which are owned by AtlantiCare. You agree not to display, reproduce, duplicate, copy, sell, resell, exploit or use in any manner any trademark, service mark or logo displayed on this Site without the express written permission of AtlantiCare or the third party that may own the trademark, service mark or logo. Use or misuse of these trademarks is expressly prohibited and may violate state and/or federal trademark law.
4. Claims of Copyright Infringement
In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512), AtlantiCare is registered with the United States Copyright Office as a Service Provider. Any notifications of claimed copyright infringement must be sent to AtlantiCare’s Legal Department, 2500 English Creek Road, Egg Harbor Township, NJ, 08234.
Other than where specifically noted, AtlantiCare does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to AtlantiCare through the Site, including email and all data, images, sounds, text, and other things embodied therein, (collectively "Communications") will be deemed NOT to be confidential except as provided otherwise by our Privacy Policy.
By sending AtlantiCare any Communications, you grant AtlantiCare an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those Communications in and on all media now known or later developed, and you also agree that AtlantiCare is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. You hereby waive your rights in any such materials or information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials or information.
You agree that you shall have no recourse against AtlantiCare for any alleged or actual infringement or misappropriation of any proprietary right in your Communications to us.
5. No Medical Advice
Nothing on this Site may be considered medical advice, diagnosis or treatment. All health and health-related information contained within this Site is intended to be general in nature and should not be used as a substitute for a visit to a healthcare professional. The information you obtain from this Site might be inappropriate for your own situation, or might be misinterpreted. AtlantiCare assumes no responsibility for how you use the information you obtain from this Site.
If you have an emergency, or think you need to speak to someone urgently, please do not rely on the email communication options provided to you through this Site. Neither email nor any other application available through this Site is a substitute for appropriate and timely contact with your physician. The Site is not a substitute for consultation with your physician. You should never change or stop any course of treatment prescribed by your physician without first consulting him or her. Only your physician can properly diagnose and treat your illness.
Also, please note that although we strive to keep our information up to date, information changes rapidly, and some information may be out of date.
INCURRED BY ATLANTICARE OR ANOTHER PARTY DUE TO SOMEONE ELSE USING YOUR PASSWORD. YOU MAY NOT USE ANYONE ELSE'S ACCOUNT AT ANY TIME WITHOUT THE PERMISSION OF THE ACCOUNT HOLDER.
7. WARRANTY DISCLAIMER
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ATLANTICARE OR ATLANTICARE’S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
ATLANTICARE CANNOT ENSURE THAT THE INFORMATION CONTAINED ON ITS SERVER WILL BE AVAILABLE AT ALL TIMES, AND BECAUSE YOU ARE RESPONSIBLE FOR INPUTTING INFORMATION ONTO ATLANTICARE’S SERVER, ATLANTICARE CANNOT ENSURE THAT THE INFORMATION PROVIDED ON ITS WEBSITE WILL BE ACCURATE. THUS, ATLANTICARE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OF CONTENT OF THIS INFORMATION. ATLANTICARE HAS PROVIDED THE INFORMATION ON AN "AS IS" BASIS, WITHOUT WARRANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MARCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. ATLANTICARE NEITHER WARRANTS THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR THAT ERRORS WILL BE CORRECTED.
8. WAIVER, RELEASE AND LIMITATION OF LIABILITY
IN ADDITION, YOU AGREE THAT NEITHER ATLANTICARE, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE OR ANY RELATED APPLICATIONS. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ATLANTICARE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.
ATLANTICARE AND ITS AFFILIATES, SUPPLIERS, AND OTHER THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. FURTHER, ATLANTICARE IS NOT RESPONSIBLE OR LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL USE OR CONDUCT OF A USER OF THIS SITE.
9. Visitor Chat Rooms and Other Interactive Areas
AtlantiCare may, but is not obligated to, monitor or review any areas of the Site where visitors transmit or post Communications or communicate solely with each other, including, but not limited to, chat rooms, bulletin boards, and other user forums, and the content or any such Communications. AtlantiCare, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. AtlantiCare retains the right to remove, in its sole discretion, Communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate.
10. Links or Pointers to Other Sites
AtlantiCare makes no representations whatsoever about any other website that you may access through this Site or any entity that may post its advertisements on this Site. When you access a non-AtlantiCare site, please understand that it is independent from AtlantiCare, and that AtlantiCare has no control over the content on that website. In addition, a hyperlink to a non-AtlantiCare website does not mean that AtlantiCare endorses or accepts any responsibility for the content, or the use, of the linked site or its privacy practices that may be different from AtlantiCare. AtlantiCare does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, linked, downloaded or accessed from any of the services contained on this Site, nor the quality of any products, information or other materials displayed, purchased or obtained by you as a result of an advertisement or any other information or offer in or in connection therewith. It is up to you to take precautions to ensure that whatever you select for your use or download are free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
11. Hyperlinks to This Site
Persons constructing other websites may of course link to any of the pages on this Site. However, you may not copy any of the materials from this Site onto your own Web server for any reason. Also, you may not link to isolated elements on this Site (including photographs, illustrations, diagrams, buttons, text, or any other elements whatsoever) for the purpose of "inlining" them into the context of other web pages, or for linking such isolated elements to other web pages. In other words, link to entire pages on this Site, or don't link at all. Any other use will be a violation of copyright and could subject you to legal action.
12. Caching
Web mirror sites, and commercial online services, may request written permission to cache this entire Site to their hard drives for the purpose of enabling people to access it more easily or view it more rapidly. Note, however, that under no circumstances will they be granted the right to copy parts of the Site piecemeal, but only to copy the entire Site, preserving all the interior and exterior links, and not employing any of the materials out of their original context.
13. Choice of Law and Venue
These Terms of Use are entered into in the Commonwealth of Pennsylvania and shall be governed by and construed in accordance with the laws of Commonwealth of Pennsylvania, exclusive of its choice of law rules. By accessing, transmitting or viewing any information on this Site, you agree to be subject to personal jurisdiction in the state courts sitting in Montour County, Pennsylvania and the federal courts of the Middle District of Pennsylvania, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. Any cause of action or claim you may have with respect to your use of AtlantiCare’s website must be commenced within one (1) year after the claim or cause of action arises. AtlantiCare’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
14. Indemnification
You agree to indemnify, defend and hold harmless AtlantiCare, its affiliates, officers, directors, employees, agents, suppliers and licensors from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your use of the Site or account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account or password.
15. Third Party Rights
The provisions of paragraphs 8 (Waiver, Release and Limitation of Liability) and 14 (Indemnification) and are for the benefit of AtlantiCare and its affiliates, officers, directors, employees, agents, suppliers and licensors. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
16. Term; Termination
These Terms of Use shall commence upon your accessing this Site. These Terms of Use may be terminated by AtlantiCare without notice at any time for any reason. The provisions of the Disclaimer set forth above and of paragraphs 4 (Claims of Copyright Infringement), 13 (Choice of Law and Venue), 14 (Indemnification), and 15 (Third Party Rights) and shall survive any termination of these Terms of Use.
17. Assignment
AtlantiCare may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
18. Notice
AtlantiCare may deliver notice to you under these Terms of Use by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U.S. mail to your address on record in AtlantiCare’s account information.
19. Entire Agreement
These Terms of Use constitute the entire agreement between AtlantiCare and you pertaining to the subject matter hereof. In its sole discretion, AtlantiCare may from time to time revise these Terms of Use by updating this posting. In the event of substantive changes, you will be prompted to review and accept the Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use.