Site Usage Agreement
GeoBlue Site Use
Note to Site/Mobile Users: If you agree to what you read below, you should click on the button that says "Yes, I Accept the Site/Mobile Use Agreement." By doing so, you indicate that you understand and intend this Agreement to be the legal equivalent of a signed, written and binding contract; that you intend to legally bind yourself and any individuals (family members or dependents) using your Password; and that you will use the GeoBlue Website/Wireless Services and the HTH Global Health & Safety Services, which are accessible through the GeoBlue Website/Wireless Services, in a manner consistent with applicable laws and regulations and in accordance with the terms in this Agreement.
If you do not agree with the terms in this Agreement, please click on "Cancel", and you will exit this Agreement and you will not have access to the GeoBlue Website/Wireless (Mobile) Services.
1. Agreement Between You, GeoBlue and HTH Worldwide
This Agreement is by and among you, Worldwide Insurance Services, LLC trading as GeoBlue ("GeoBlue") and HTH Worldwide, LLC ("HTH"). HTH is a support vendor to GeoBlue which provides a full range of global health and safety services (as described herein) for use by GeoBlue and GeoBlue members.
This Site Use Agreement governs the terms and conditions associated with your access to and use of any and all of the information, content, tools, services (whether provided directly or through linkages to other information or service providers) through the website located at www.geobluetravelinsurance.com (the "GeoBlue Website") or access to the mobile/wireless version of the GeoBlue Website located at www.geo-blue.com/mobile or access through certain mobile applications relating to GeoBlue ("GeoBlue Wireless/Mobile"). Collectively, the GeoBlue Website and the GeoBlue Wireless/Mobile shall be referred to herein as "GeoBlue Website/Wireless Services").
The GeoBlue Website/Wireless Services provides you with the ability to research and, in some instances, access GeoBlue international healthcare "Providers" which have accepted GeoBlue's invitation to participate with GeoBlue, by utilizing web based and wireless/mobile based provider search capabilities and, in some cases, an appointment scheduling system, either directly through the GeoBlue Website/wireless mobile access or, in some cases, through a Customer Service Representative (Service Representative). As used in this Agreement, "Providers" means "healthcare providers" and includes (but is not limited to) individual physicians, physician groups, hospitals, clinics and health systems that participate in GeoBlue's selected international network of participating providers. The insurance carrier associated with your insurance program, 4 Ever Life International Insurance Company, is the underwriting insurer for your insurance program (the "Insurance Company"). The Insurance Company's sole role is as the insurer underwriting the insurance policy.
In addition, the GeoBlue Website/wireless (mobile) services provides you with the ability to access and research healthcare providers inside the United States of America through a link to the provider finder offered by the Blue Cross Blue Shield Association ("BCBSA"). You acknowledge that for purposes of this Agreement, these providers shall not be included within the definition of Providers.
The GeoBlue Website/wireless (mobile) service also provides you with access HTH 's range of global health and safety tools and services (the "HTH Global Health & Safety Services"), including the following:
- information about healthcare services in destinations around the world either directly through the GeoBlue Website/Wireless (Mobile) Services or, in some cases, through a Service Representative ("Destination Dashboard");
- proprietary translation databases (drug and medical phrase) ("Translation Databases");
- city level safety and security content and alerts provided by Altegrity ("Safety Information");
- travel health content ("Travel Well");
- insurance related information resources (i.e. benefits, claims information);
- access to video consultations with GeoBlue Providers (in certain situations);
- symptom checker information provided by Schmitt Thompson ("Symptom Checker");
- access to specialized information and service offerings relating to specified chronic conditions ("Chronic Care and Maternity"); and
- any other tools, services or resources developed or made available by HTH (collectively, any and all such tools, services and resources available on the GeoBlue Website or accessible through wireless (mobile) services, whether now existing or developed in the future shall be referred to as "HTH Global Health & Safety Services").
Access to the GeoBlue Website Use of the HTH Global Health & Safety Services constitutes acceptance to the terms and conditions set forth herein.
This Agreement will set forth the terms and conditions relating to your use of the GeoBlue Website/Wireless Services, the Content and the HTH Global Health & Safety Services. You may register individually or you may include family members (dependents) under your account. (See GeoBlue Plan Descriptions.) Any and all family members (dependents) registered under your account shall be bound by the terms and conditions in this Agreement. You acknowledge, agree, and warrant that you will provide access to your Password only to an insured spouse and/or dependents and you agree that any user of your Password is bound by the terms set forth in this Agreement.
Upon completion of the site registration process, which includes acceptance of this Agreement, you will select a unique password ("Password"). Your Password shall serve as a personal, revocable, non-exclusive, non-transferable license to use the GeoBlue Website/Wireless Services and HTH Global Health &Safety Services for the purposes which they are intended as described herein, conditioned on your continued compliance with the terms of this Agreement. You will be responsible for maintaining the confidentiality of the Password. You agree that you will not impersonate any other person or entity by posting communications using a false or misleading password or otherwise attempting to utilize the GeoBlue Website/Wireless Services or HTH Global Health & Safety Services in an anonymous or unauthorized manner. Use of your Password, by any party, including but not limited to a spouse and/or dependents, at any time, shall constitute your consent to such use and such user's agreement to be bound by the terms and conditions of this Agreement. You agree to notify GeoBlue immediately if you become aware of any loss or theft of your Password or any unauthorized use of your Password.
2. Use of the GeoBlue Website/Wireless Services and HTH Global Health & Safety Services
You agree not to use the GeoBlue Website/Wireless Services and/or the HTH Global Health & Safety Services for any purpose that is unlawful or prohibited by the terms and conditions of this Agreement. The GeoBlue Website/Wireless Services contains valuable, proprietary content owned by GeoBlue, HTH and by other third parties as may be identified, that is protected by state, federal, and international law, including, without limitation, copyright and trade secret laws. You may use such proprietary information solely in connection with your personal, non-commercial, use of the GeoBlue Website/Wireless Services and the HTH Global Health and Safety Services. Any other use is strictly prohibited.
One feature of the HTH Global Health & Safety Services that may be available is the ability to communicate appointment requests to select GeoBlue Providers (the "Appointment Request Feature"). The Appointment Request Feature, when available, shall be provided solely to assist you to request and to schedule legitimate medical appointments with Providers. Any speculative, false or fraudulent appointment requests are strictly prohibited. You understand and agree that overuse or abuse of the Appointment Request Feature may result in your being denied access to the Appointment Request Feature.
Another feature of the HTH Global Health & Safety Services that may be available is the ability to communicate, via video conference, with select GeoBlue Providers, in certain situations (the "Video Conference Feature"). The Video Conference Feature, when available, shall be provided solely to assist you to seek medical advice from Providers. GeoBlue and/or HTH are acting purely as administrative facilitators and shall not be deemed to be providing medical care or advice in any manner.
3. Security of HTH's Website/Wireless Service; Use of the Internet/Wireless
GeoBlue makes reasonable efforts to maintain security of the GeoBlue Website/Wireless Services. In some cases when utilizing the GeoBlue Website/Wireless Services or utilizing the HTH Global Health & Safety Services, you will have the option to enter the GeoBlue secure server and will therefore be protected by the Secure Socket Layer (SSL) technology, utilized by most popular browsers, including Netscape and Microsoft Explorer. This technology allows GeoBlue to use advanced encryption tools to protect information transmitted between your computer/wireless (mobile device) and GeoBlue's or HTH's servers. Through encryption, the personal information you enter is converted into code so that it cannot be read as the information travels over the Internet/wireless providers. Despite GeoBlue's and HTH's reasonable efforts to maintain security, you acknowledge that use of the Internet/wireless networks is solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Actual or attempted unauthorized use of the GeoBlue Website/Wireless Services or the information provided by you or other parties in connection with the HTH Global Health & Safety Services may result in criminal and/or civil prosecution. For your protection, GeoBlue and HTH both reserve the right to view, to monitor, and to record activity on the GeoBlue Website/Wireless Services without notice or permission from you. Any information obtained from monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity relating to the GeoBlue Website/Wireless Services. GeoBlue and HTH will also comply with all court orders involving requests for such information.
4. Confidentiality of Information; Authority to Release Information to Providers
GeoBlue acknowledges that, in connection with your use of the GeoBlue Website/Wireless Services and/or the HTH Global Health & Safety Services, some of the information you will provide, either directly through links from the GeoBlue Website/Wireless Services or through a Service Representative, is personal. Any and all information which you provide shall be used by GeoBlue and/or HTH solely in connection with the HTH Global Health & Safety Services or in connection with access to the Providers.
You acknowledge that any and all information which you provide to GeoBlue or HTH relating to an appointment request (either directly onto the GeoBlue Website/Wireless Services or a Service Representative) may be communicated (by phone, wireless (mobile) device, fax or e-mail using the Internet or wireless networks) to a Provider designated by you (which may include such Provider's office staff, appointment scheduling assistants, etc.). You acknowledge and understand that, despite the precautions set forth in this Agreement, GeoBlue and/or HTH cannot and does not guarantee the confidentiality of such information.
Even though the information you provide to GeoBlue, HTH and/or a Provider during the appointment request process may relate to your medical condition(s), you acknowledge and agree that such information shall not constitute a medical record or private health information, for purposes of this Agreement. As a condition to and in consideration of your ability to utilize the GeoBlue Website/Wireless Services and/or the HTH Global Health & Safety Services, you agree that GeoBlue and/or HTH shall have the authority to release (by way of telephone, fax, wireless (mobile) device and/or e-mail using the Internet/wireless network) any and all information which you provide, of any nature whatsoever, including but not limited to information relating to any physical and mental conditions (including, if applicable, information relating to AIDS, HIV status, and/or your psychiatric records/information) to the Provider(s) which you designate, whether or not you are ultimately seen by such Provider.
In addition, you acknowledge that to the extent that the HTH Global Health & Safety Services contains personal information relating to your claims and claims history. You specifically acknowledge that any person that has access to your Password will have access to such claims information.
Notwithstanding any of the provisions of this Agreement, GeoBlue or HTH's use and/or communication of your Protected Health Information (PHI) as such term is defined in the Health Insurance Portability and Accountability Act ("HIPAA"), as amended, shall be in conformance with HIPAA.
Use and Disclosure of Health Information - Your Authorization to Release of Information
Certain GeoBlue Plans may require that you complete detailed medical information questionnaires. You may be purchasing this GeoBlue Plans through an agent or other referring entity that may have financial or other relationships with other general agents or referring parties. You hereby authorize the use or disclosure and receipt of your health information to any and all agents, their affiliated general agents or any other referring party (whether known or unknown to you) in connection with your application for insurance and/or coverage. This Authorization applies to all health information pertaining to any medical history, mental or physical condition and treatment received. This Authorization shall be valid for the term of GeoBlue relationship with the agent, their affiliated general agents or any other referring party. You acknowledge:
- that you have the right not to agree to this authorization;
- that you may revoke this authorization at any time by providing written notice by electronic mail to email@example.com;
- your revocation will be effective upon receipt;
- you have a right to receive a copy of this authorization;
- neither treatment, payment, enrollment or eligibility for benefits will be conditioned on your providing or refusing to provide this authorization;
- information disclosed pursuant to this authorization could be re-disclosed by the recipient and might no longer be protected by federal confidentiality law (HIPAA);
- you may inspect or obtain a copy of the health information that you am being asked to use or disclose.
5. Provider/Patient Relationship
You understand that GeoBlue and the HTH Global Health & Safety Services serve only as an intermediary functions that facilitate connections between Providers and patients. You acknowledge that none of the Providers are employed by or affiliated with GeoBlue, in any way, other than with respect to their agreement to accept requests for appointments from GeoBlue. You acknowledge the that any providers in the United States are not employed by or affiliated with GeoBlue in any manner whatsoever. You acknowledge that the Providers are not obligated to satisfy your appointment requests and that GeoBlue cannot guarantee that your appointment requests will be satisfied. In addition, you acknowledge that you are under no obligation to accept an appointment once it has been offered. You acknowledge and understand that, if you are in need of emergency medical services, you should contact the local emergency medical services. GeoBlue or HTH cannot be relied upon to make appointments in any particular timeframe. You acknowledge that any Provider which you choose to see has the sole responsibility for the professional care provided to you. Neither GeoBlue nor HTH assumes any responsibility or liability, of any nature whatsoever, for any claims, including, but not limited to, any medical malpractice claim, that may result from your interaction with a Provider.
You acknowledge and agree that neither GeoBlue nor HTH is a medical referral service, and that neither party recommends or endorses any particular doctors, dentists, healthcare providers, hospitals, medical clinics, physician practices, or medical services of any kind. Neither GeoBlue nor HTH offers advice regarding the quality or suitability of any particular medical treatment or remedy for any medical condition. Information on the GeoBlue Website/Wireless Services, provided to you by a Service Representative, or in conjunction with the HTH Global Health & Safety Services should not be construed, in any manner, as health or medical advice. You also understand that in inviting and accepting Providers for participation with GeoBlue, GeoBlue relies, in part, upon information provided by third-parties, including information provided by the Providers themselves. Neither GeoBlue, nor HTH, is liable and cannot be held liable or responsible for inaccurate, incomplete, or misleading information (collectively, "misinformation") given to it by third parties, whether or not GeoBlue or HTH could have discovered such misinformation. GeoBlue does not maintain malpractice insurance coverage on behalf of any of the Providers.
You understand that neither GeoBlue nor HTH is not responsible or liable for any costs, expenses, or charges, of any nature whatsoever, in connection with the professional services provided to you by a Provider. In addition, you understand that a Provider may, in some cases, require you to pay for professional services which are rendered, directly to the Provider, at the time such services are provided, in accordance with such Provider's customary fee schedule. Any such medical costs and/or insurance benefits are governed by the terms and conditions of your insurance policy, not this Site Use Agreement. See your insurance certificate for coverage details.
Use of any of the information and data contained in the GeoBlue Website/Wireless Services (all such information and data shall be referred to as the "Content"), use of the GeoBlue Website/Wireless Services and use of the HTH Global Health & Safety Services is entirely at your own risk. The Content, the HTH Global Health & Safety Services and the GeoBlue Website/Wireless Services are all provided "as is", without warranty of any kind, either express or implied, to the maximum extent permitted by applicable law, including without limitation: (1) any warranties concerning the accuracy, completeness, reliability or availability of Content, products, services or results; and (2) any warranties of title or warranties of merchantability or fitness for a particular purpose.
Utilization of the HTH Global Health & Safety Services and any of the Providers which participate with GeoBlue or other entities referenced on the GeoBlue Website/Wireless Services or in the Content or reliance upon any of the Content shall be at your sole discretion. Any references to Providers or other entities in the Content, on the GeoBlue Website/Wireless Services, or in connection with the HTH Global Health & Safety Services, do not constitute or imply endorsements, recommendations or referrals by GeoBlue, HTH or the Insurance Company. The Providers do not endorse the GeoBlue or the HTH Global Health & Safety Services or the Content and are not affiliated with and/or endorsed by each other. In addition, you acknowledge that the Content may not be comprehensive and that there may be healthcare services or healthcare providers other than those referenced in the GeoBlue Website/Wireless (Mobile) Services, the Content or participating with GeoBlue that meet your medical needs.
Neither GeoBlue, HTH, the Insurance Company nor any of their respective employees, agents, directors, proprietors, partners, representatives, shareholders, attorneys, predecessors, successors and assigns will be liable for any direct, indirect, incidental, special, or consequential damages (including but not limited to lost profits, and damages that result from inconvenience, delay, or loss) arising out of use of, or inability to use, the Content, the HTH Global Health & Safety Services or the GeoBlue Website/Wireless Services, even if GeoBlue, HTH and/or the Insurance Company has been advised of the possibility of such damages or losses and regardless of whether such damages are caused by negligence, gross negligence, and/or recklessness. If, however, despite the exclusions contained in this paragraph, GeoBlue, HTH and/or the Insurance Company should be found liable for any loss or damage which arises out of or is in any way connected with the use of the Content, the HTH Global Health & Safety Services, or the GeoBlue Website/Wireless Services, GeoBlue's and/or HTH's liability shall not exceed the amount of any fees paid by you to GeoBlue or Insurance Company, with respect to the insurance policy underwritten by the Insurance Company. In addition, you acknowledge that nothing in this Site Use Agreement amends or affects the terms and conditions set forth in the policy of insurance issued by the Insurance Company.
GeoBlue and HTH each expressly disclaim all representations and warranties and/or liability relating to all interactions, of any nature, you may have with any of the Providers or other entities referenced on or linkages through the GeoBlue Website/WirelessServices or participating with GeoBlue. Except for claims payable pursuant to the terms of the insurance policy underwritten by the Insurance Company, you agree to look solely to such Providers or entities, not GeoBlue or HTH in regard to any legal claims of any nature or other matter whatsoever arising out of such interactions.
Neither GeoBlue nor HTH is liable for any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, wireless network failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
The GeoBlue Website/Wireless Services and/or the Content may contain links to websites operated by parties other than GeoBlue. Such links are provided for your reference and convenience only. You acknowledge and understand that GeoBlue does not control such websites and you agree that GeoBlue is not responsible for the content of such websites. GeoBlue's inclusion of links to such websites does not imply any endorsement of the material on such websites, acceptance of liability of any nature whatsoever relating to the material on such websites, or any association or affiliation of any nature with their operators by GeoBlue.
All content on the GeoBlue Website/Wireless Services are: Copyright (c) 2008 - 2011 Worldwide Insurance Services, LLC (and its affiliated entities and parent entities), 933 First Avenue, King of Prussia, PA 19406 U.S.A. and/or its suppliers. All rights reserved. GeoBlue also owns a copyright in the GeoBlue Website/Wireless Services as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of its content. Your use of the GeoBlue Website/Wireless Services and the HTH Global Health & Safety Services is for your personal and noncommercial use. You agree not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, decompile, or dissemble any aspect of the GeoBlue Website/Wireless Services, with the following exception: You may display, print, and store one electronic copy of content provided for your personal use. You may not, without GeoBlue's written permission, "mirror" any material contained on the HTH Website/Wireless Services on any other server.
The names of GeoBlue products and/or services referenced in the Content or the HTH Global Health & Safety Services are trademarks/service marks or registered trademarks/service marks of GeoBlue and/or HTH. Other product and company names mentioned herein may be the trademarks of their respective owners. Please be aware that GeoBlue and HTH actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
This Agreement is governed by the laws of the Commonwealth of Pennsylvania, U.S.A. You consent to the exclusive jurisdiction and venue of courts in Philadelphia, Pennsylvania, U.S.A., in all disputes arising out of or relating to the use of the HTH Global Health & Safety Services and/or the GeoBlue Website/Wireless Services. Use of the HTH Global Health & Safety Services and/or the GeoBlue Website/Wireless Service is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth in this Agreement, then the invalid or unenforceable provision that most closely matches the intent of the original provision and remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between you, GeoBlue and HTH with respect to your use of the GeoBlue Website/Wireless Services and the HTH Global Health & Safety Services and it supersedes all prior or contemporaneous communications of any nature between you, GeoBlue and HTH. A printed version of this Agreement and of any notice given in electronic/wireless form shall be admissible in judicial or administrative proceedings based upon relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
In your individual capacity you:
- represent and warrant that you are at least 18 years of age and that you possess the legal authority to enter into this Agreement (for you and on behalf of your spouse and/or dependents, if applicable) and to use the GeoBlue Website/Wireless Services and the HTH Global Health & Safety Services in accordance with the terms and conditions of this Agreement;
- represent and warrant that all information supplied by you in registering and utilizing the GeoBlue Website/Wireless Services and the HTH Global Health & Safety Services is true and accurate;
- agree to supervise all usage of any party accessing the GeoBlue Website/Wireless Services and/or utilizing the HTH Global Health & Safety Services with your Password.
8. Term and Termination
The terms and conditions of this Agreement will take effect upon execution (when you click on the button that reads "Yes, I Accept Use Agreement"). The term of this Agreement is for as long as your Password remains active. (The period during which your Password shall remain active does not necessarily coincide with the period of insurance coverage.)