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Terms and Conditions
Please Note: This web site may include predictions, estimates and other information that might be considered forward-looking. These statements are based on current expectations and assumptions that are subject to risks and uncertainties. Actual results could differ from those anticipated as a result of various factors, including the ability to obtain regulatory approvals for Centene’s products and services, the ability to establish collaborative partner relationships, the availability of additional financing, and other risks identified in Centene’s SEC filings.
Please read these terms and conditions carefully before using this web site. Your use of Centene Corporation’s WellCare web site (the “Site”) is expressly conditioned on your acceptance of the following terms and conditions (“Terms and Conditions”). By using the Site, you signify your assent to these Terms and Conditions. If you do not agree with any part of the following Terms and Conditions, you must not use the Site. If you have questions or concerns regarding these Terms and Conditions of your use of the Site, please contact us using the link provided at the end of these Terms and Conditions.
1. Ownership. Except for items in the public domain, the information, photos, graphics, programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and all other materials comprising the Site (collectively, the “Materials”), are wholly owned by (or licensed to) Centene Corporation (“Centene”), its affiliates, and/or its content providers. The Site contains copyrighted material, trademarks, and other proprietary information including, without limitation, the Materials, text, photos, video, graphics, music and sound; and the entire contents, features and functionality of the Site is copyrighted under the United States copyright laws. Centene owns a copyright in the selection, coordination, arrangement, and enhancement of such content, features and functionality, as well as in any original content. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Materials without the prior written permission of Centene or such other party that may own the Materials. All rights not expressly granted herein are reserved by Centene.
You should assume that everything you see, read or access on the Site is copyrighted and owned by Centene, its affiliates, and/or its content providers, unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the express written permission of Centene, its affiliates, and/or its content providers. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify Centene by providing us with the following in writing:
Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Centene to locate the material;
- Your name, address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is infringing and not authorized;
- A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and
- The electronic or physical signature of the copyright owner or a person authorized to act on the copyright owner’s behalf.
To submit a notification of claimed infringement, please contact Centene’s designated agent at the following address:
Attn: Legal Dept.
7700 Forsyth Blvd.
St. Louis, MO 63105
Additionally, you agree not to: use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site; use any device, software, or routine that interferes with the proper working of the Site; introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; or otherwise attempt to interfere with the proper working of the Site.
The information presented on or through the Site is made available solely for general information purposes, and does not address the circumstances of any particular individual or entity, nor is it intended to provide medical, legal or diagnostic advice. Nothing on the Site constitutes medical and/or diagnostic advice, nor does any information on the Site constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. We do not warrant the accuracy, completeness, or usefulness of information on the Site. Any reliance you place on such information is strictly at your own risk. Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstance. We disclaim all liability and responsibility arising from any reliance placed on information on the Site by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. We may update the content on the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
By uploading or otherwise submitting a file or other information (“Contribution”), including but not limited to Contributions to chat rooms, bulletin boards or other user forums, and the content of any such
Contribution, to the Site, you automatically grant, or warrant that the copyright owner of the Contribution has expressly granted, to Centene and its affiliates, and our respective licensees, a perpetual, royalty-free, irrevocable, worldwide, non-exclusive right and license to use, reproduce, publicly display and/or perform, modify, store, publish, adapt, translate, create derivative works from, and/or distribute the Contribution (in whole or part) and/or to incorporate it in other works in any medium now known or hereafter developed for the full term of any copyright that may exist in the Contribution, as if the Contribution were public domain information and not confidential or proprietary. You similarly permit any Internet user to download, store, manipulate, reformat, view, print and display the Contribution for that user’s personal use.
Centene does not and cannot review all Contributions posted to or created by you and is not in any manner responsible for the content of these Contributions and materials. You represent and warrant that you own or control all rights in and to your Contributions and have the right to grant the license granted above to Centene and its affiliates, and our respective licensees, and that all of your Contributions do and will comply with these Terms and Conditions.
You acknowledge that by providing you with the ability to view and distribute user -generated content on the Site, Centene is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any Contribution or activities on the Site. You acknowledge that you are responsible for any Contributions you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. All statements and/or opinions expressed in Contributions, other than the content provided by Centene, are solely the opinions and the responsibility of the person or entity providing the Contributions. These materials do not necessarily reflect the opinion of Centene. Centene is not responsible or liable to any third party for the content or accuracy of any Contributions posted by you or any other user of the Site.
Further, Centene reserves the right to (a) disclose your identity or other information about you to any third party who claims that Contributions posted by you violates their rights, including their intellectual property rights or their right to privacy; (b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and (c) terminate or suspend your access to all or part of the Site for any or no reason, including without limitation any violation of these Terms and Conditions.
3. Age and Responsibility. You represent that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You understand that you are financially responsible for all uses of the Site by you and those using your login information. By using the Site, you signify you meet all of the foregoing criteria, and agree any action taken by you on the Site shall be deemed an action taken on your own behalf and/or, to the extent you are accessing or using the Site for your business, you represent, warrant and covenant that you have the power, authority and capacity to act on behalf of your business and that your actions are and shall be deemed to be authorized actions on behalf of your business.
5. Services. By using this Site, you authorize WellCare Sales Professionals to view and access your web session using third-party software and services, to a limited extent, in order to provide you with live assistance to address your customer service inquiry (the “Service”). You acknowledge that the Service is provided to you by Centene, its affiliates, its vendors, or a combination of these entities. You may end your current use of the Service at any time by clicking the “DISCONNECT” button or closing your browser window. Your current co-browse session will automatically be terminated at the end of your call with an WellCare Sales Representative if neither you nor the WellCare Sales Representative ended the session prior to ending your call.
To the extent your use of the Service or the Site requires a username, password or other account information or credentials for access, you are solely responsible for all activity occurring under those credentials, and are prohibited from sharing or disclosing them. You are solely responsible for safeguarding your access credentials at all times. You should log out of your account at the end of each usage session. You may not impersonate others and you must not allow others to impersonate you or others, or otherwise use your credentials to gain access to the Service, the Site and/or your account. You must promptly notify us of any unauthorized use of the Service or the Site with your information or credentials or any other breach of security you become aware of involving or relating to the Service or this Site. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
We reserve the right to withdraw or amend this Site, the Service, or any Materials, in our sole discretion without notice for any or no reason. We will not be liable if for any reason all or any part of the Site, the Service, or any Materials is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service or the Site, or the entire Service or Site, to users, including registered users.
If we interrupt or restrict use or access to the Service or the Site, because we suspect fraudulent or abusive activity, you shall cooperate with us in any fraud investigation and use any fraud prevention measures we prescribe. Failure to cooperate may result in your liability for all fraudulent usage relating to your account.
7. Third Party Software, Hardware and Services. You solely are responsible for all your, and any third-party, software, hardware and services used in connection with the Site. Any third-party software, hardware or services (whether required or optional) that you use in conjunction with the Site, are the sole responsibility of you and/or such third party, and your use of such third-party software, hardware or services is subject to the terms, conditions, warranties and disclaimers provided by such third party, and not these Terms and Conditions.
8. No warranties and Limitation of Liability. Your use of the Site, the Service, and the Materials is at your sole risk. You assume full responsibility and risk of loss resulting from the downloading and/or use of files or other material (including software) obtained through the Site. Neither Centene nor any of its affiliates or content providers endorse or stand behind the accuracy, truthfulness or reliability of any information provided on or by means of Centene or its affiliates.
THE SITE, THE SERVICE, AND THE MATERIALS ARE PROVIDED “ON AN "AS IS”," AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CENTENE NOR ANY OF ITS AFFILIATES, CONTENT PROVIDERS, LICENSORS, EMPLOYEES, CONTRACTORS, AGENTS, OR THE LIKE MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION SITE, THE SERVICE, OR THE MATERIALS. No oral advice or written information given to you by Centene, its affiliates, or any of its content providers, WellCare Sales Representatives, agents, or the like shall create any warranty. Neither Centene, its affiliates, nor any of its content providers, agents, or the like warrants that access to, or use of, the Site, the Services, or the Materials will be uninterrupted, virus free, or error-free, or that the Site (including, without limitation, any content on the Site) will meet any particular criteria of performance or quality. CENTENE, ON BEHALF OF ITSELF, ITS AFFILIATES AND ALL OF ITS CONTENT PROVIDERS, AGENTS, CONTRACTORS, AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT CENTENE KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE. FURTHERMORE, CENTENE, ON BEHALF OF ITSELF AND ALL OF ITS CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CENTENE OR ANY OF ITS AFFILIATES, CONTENT PROVIDERS, WELLCARE SALES REPRESENTATIVES, AGENTS AND THE LIKE, IN EACH INSTANCE, BE LIABLE FOR (A) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL AND/OR SPECIAL DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, THE SERVICE AND/OR THE MATERIALS, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER GROUNDS, EVEN IF CENTENE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (B) DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY FILE, IN EACH INSTANCE WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR UNDER ANY OTHER CAUSE OF ACTION. For further clarity, in all events, Centene, its affiliates, and all of its content providers, WellCare Sales Representatives, agents and the like shall not be liable for the defamatory, offensive, or illegal conduct of other users of the Internet. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you. In no event shall Centene or its subsidiaries, affiliates, agents, employees, contractors, and vendors be liable for any action that is not brought within six (6) months from the date you first use this Site.
The provisions of this Section 9 and Section 8 above represent a reasonable allocation of the risks under these Terms and Conditions. Centene’s willingness to allow you to use the Site, the Service, and/or the Materials reflects this allocation of risk and the limitations of liability specified herein.
10. Indemnification. You agree to defend, indemnify, and hold harmless Centene and all of its affiliates, content providers, WellCare Sales Representatives, agents and the like, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, in each instance from and against any and all claims, suits, judgments, awards, losses, liabilities, costs, expenses (including, without limitation, attorneys’ fees), and/or damages arising out of claims based upon your violation of these Terms and Conditions or your use of the Site including, without limitation, your Contributions or any claim of libel, defamation, violation of legal rights of others (including rights of privacy or publicity), loss of service by other subscribers and/or infringement of intellectual property or other rights.
11. Links. The Site may contain links to web sites operated by parties other than Centene. Such links are provided for your reference only. Centene does not control such web sites and is not responsible for their contents. Centene makes no representation or warranty regarding any other web sites or the contents or materials on such web sites. The Site’s inclusion of links to other web sites does not imply Centene’s endorsement of the material on the web sites or any association with their operators. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource. We accept no responsibility for other web sites or for any loss or damage that may arise from your use of them. If you decide to access any of these third-party web sites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such web sites.
You may link to the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent or as to cause the Site or portions of it to be displayed on, or appear to be displayed by, any other web site, for example, framing, deep linking, or in-line linking.
12. Governing Law. These Terms and Conditions and your use of the Site, the Service, and/or the Materials, and any dispute or claim arising therefrom or related thereto, shall be governed by the laws of the state of Delaware, United States of America, without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the state of Delaware, United States of America, in all questions and controversies arising out of your use of this Site, the Service, and/or the Materials and these Terms and Conditions. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
13. Geographic Restrictions. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
14. No Waiver. The failure of either party to insist upon or enforce strict performance by the other party of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and Centene nor the trade practice shall modify any provision of these Terms and Conditions.
15. Modification. Centene may at any time modify these Terms and Conditions and your continued use of this Site will be conditioned upon the Terms and Conditions in force at the time of your use. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
16. Additional Terms. Additional terms and conditions may apply to purchases of goods and services and other uses of portions of the Site, and you agree to abide by such other terms and conditions.
17. Severability. These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
18. Intellectual Property Notices. All contents of the Site are Copyrighted ©Centene Corporation. All rights reserved. Centene and other names of Centene products or services referenced in the Site are trademarks or registered trademarks of Centene and/or its affiliates. Other products or services and company names mentioned in the Site are the trademarks of their respective owners.
19. Entire Agreement. These Terms and Conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.