Last updated: December 09, 2015
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Service and its original content, features and functionality are and will remain the exclusive property of Wellcare MD and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Wellcare MD.
Our Service may contain links to third party web sites or services that are not owned or controlled by Wellcare MD.
Wellcare MD has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Wellcare MD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Wellcare MD and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
In no event shall Wellcare MD, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Wellcare MD its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.
This Notice of Privacy Practices is effective June 1, 2015.
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED OR DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
Wellcare MD respects your privacy. We are required by law to maintain the privacy of certain health information about you, and to inform you of its practices with respect to the privacy of that information. This Notice of Privacy Practices is being provided to inform you of the ways that Wellcare MD may use the personal information it collects about you and how it may disclose that information.
Federal and state laws require health care providers to protect the privacy of information about your health, your health care, and payment for your health care, if that information identifies you or could be used to identify you. The law permits us to use or disclose your protected health information only for certain specific purposes, unless you give us a written authorization permitting us to make other uses and disclosures. This notice describes the purposes for which we may use or disclose protected health information about you.
The law also gives you certain rights with respect to your protected health information. This notice provides a summary of those rights.
We may use and disclose health information about you without your specific authorization for purposes of treatment, payment and health care operations.
Treatment - As it pertains to Wellcare MD, treatment means providing care. Treatment also includes coordination and consultation with other health care providers. For example, Wellcare MD may use your protected health information in coordination with a physician treating you for a foot ulcer, who may need to know how your diabetes could affect your healing. Protected health information may be shared to determine the best course of treatment for you.
Payment - We may use and disclose health information for activities required to obtain payment from you for the services provided to you by Wellcare MD. Examples of these activities include billing and collection.
Health Care Operations - Health care operations include review of your protected health information by members of Wellcare MD’s professional staff to ensure compliance with all federal and state regulations. This information will be used to improve the quality and effectiveness of the services provided to you by Wellcare MD. Health care operations also include Wellcare MD’s business management and general administrative activities.
Appointment reminders, treatment alternatives and health-related benefits and service: We may use and disclose your health information to remind you about appointments; inform you of alternative treatment therapies, and providers; inform you of health-related products, benefits, or services related to your treatment or care. Wellcare MD may send you newsletters about general health matters, or member benefits and services, and wellness programs.
There are a limited number of other purposes for which we may use or disclose your health information without a written authorization from you.
We must obtain your prior authorization for uses and disclosures of your protected health information for marketing purposes and any sale of your protected health information. We will obtain your authorization for any use or disclosure of your protected health information for purposes other than those summarized above. You may revoke an authorization at any time, except to the extent we have acted in reliance on the authorization, by sending a written notice of revocation to the address on the last page of this notice.
You have the following rights concerning your protected health information. You may exercise these rights by sending a written request to the address on the last page of this notice.
We reserve the right to change the terms of this Notice of Privacy Practices, and to make the new notice provisions effective for all protected health information that we maintain. If we amend the terms of this notice, you may obtain a copy of the revised notice by sending a request to the address below.
If you have questions or would like additional information about our privacy practices, please call or write:
Wellcare MD Privacy Officer
2510 Airpark Drive Suite 203
Redding, CA 96001
Telephone: (530) 262-6626
Fax: (530) 262-6624
If you believe that your privacy rights have been violated, you may file a written complaint at the address above. You may also file a complaint with the Secretary of Health and Human Services by writing or calling:
Office for Civil Rights
U. S. Department of Health and Human Services
200 Independence Avenue SW
Room 509F, HHH Building
Washington, DC 20201