Users of the Moda Health and the Delta Dental websites must not:
- Monitor, gather or copy any content on these websites by using any robot, "bot," spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind.
- Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout).
- Engage in any activities through or in connection with the websites that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party.
- Attempt to circumvent the security systems of the websites.
- Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any Moda Health or Delta Dental server.
- Attempt to use the website for any purposes other than those intended by Moda Health, as determined by Moda Health in their sole discretion.
- Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
- Engage in any activity that interferes with a user's access to these websites or the proper operation of these websites. You also agree that, in using these websites, you will not impersonate any person or entity.
All items on these websites, including, but not limited to, the design, content, text, graphics, pictures, information, data, software, sound files, and other files remain the property of Moda Partners, Inc., their parents, and subsidiaries, or their suppliers, and are protected by United States and international copyright laws. A single copy of these items may be downloaded and/or reprinted by you solely for your personal and non-commercial use. Any downloaded or reprinted materials may not be altered in any way and must contain any copyright or other proprietary rights notices that were contained in the downloaded material, including the following copyright notice: "Copyright © 2020 Moda Partners, Inc." Any other use of the material, in whole or in part, for any other reason is expressly prohibited unless prior written consent is obtained from Moda Health. Any rights not expressly granted by the Terms or any applicable end-user license agreements are reserved by Moda Partners, Inc.
"Moda Health and the names of all Moda Health products and services referenced in the Moda Health website are the exclusive trademarks or registered trademarks of Moda Partners, Inc., its parent, or its subsidiaries, including the "look and feel," the layout, and the other graphical elements of the Moda Health website. You may not use any Moda Health trademark in any manner without the prior written consent of Moda Health. The names and products of other companies referenced in the Moda Health website may be the trademarks of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Moda Health.
At its sole and absolute discretion, Moda Health may, at any time and without notice, add to, revise, or otherwise change (a) the information contained on the Moda Health website, (b) the products and services described on the Moda Health website, or (c) the Terms. Any changes to the Terms, or to the information contained on the Moda Health website shall be effective immediately upon posting on the Moda Health website. Therefore, you should frequently review the Terms and applicable policies from time to time to understand how they apply to your use of this website. Your continued access or use of this website after such changes are posted constitutes your acceptance of and agreement to abide by such changes.
By accessing Moda Health's social media websites, including Facebook, Twitter, Pinterest and YouTube pages and any and all blogs, discussion forums and wikis operated by Moda Health ("Moda Health's Social Media"), you agree to follow the Terms. Users of Moda Health's Social Media and the #modamoment hashtag must also comply with all user responsibilities and obligations of social medial websites and platforms, including their terms and conditions.
Moda Health is not obligated to screen or monitor any user content, "user content" (hereinafter "User Content") being any and all contents, hashtags or comments posted on Moda Health's Social Media sites. Moda Health may, at their discretion, screen or monitor User Content to ensure compliance with its terms and conditions. Moda Health may delete, block, refuse to post or edit any User Content and or restrict users' access to Moda Health's Social Media at any time for any reason without notice or liability.
User Content does not reflect the opinions of Moda Health, their employees or affiliates. Moda Health takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by any user.
Moda Health will determine, at their discretion, whether any information transmitted or received violates any of the following provisions.
- Users may not upload, post, reproduce or distribute in any way content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
- Users shall not post or transmit any information, software or other material that violates or infringes the rights of others. This prohibition includes material that constitutes an invasion of privacy or publicity rights permission from the owner.
- By submitting User Content, users automatically grant Moda Health the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy and distribute the content in whole or in part worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content.
- Users shall not post any unlawful, threatening, abusive, libelous, defamatory, racist, obscene, vulgar, pornographic, profane or indecent information.
- Users shall not post or transmit comments containing harassing or offensive language, using sexual references, sexual nicknames, racial slurs or rude or deliberately offensive comments.
- Users shall not post any information, software or other material for commercial purposes.
- Users shall not post any third-party material (including any intellectual property), including, without limitation, logos, drawings, tattoos, photographs, pictures, sculptures, paintings and other images or works of art, phrases, trademarks, trade secrets or other items (collectively, "Third Party Materials") without the explicit prior written permission to use any such Third Party Materials.
- Users shall not provide private information about themselves or any other individual, including, without limitation, information related to the health of an individual, financial information about an individual, or any identification or account numbers related to an individual, with or without their permission or consent.
By using Moda Health's Social Media, you acknowledge and agree that you are solely responsible for your User Content and any related content uploads, posts, emails, and/or other communications disseminated in connection with your use of Moda Health's Social Media and agree that you will not hold Moda Partners, Inc. or its subsidiaries and affiliates, responsible or liable and shall release Moda Health or its subsidiaries and affiliates from any liability related to any User Content submitted by you or related to your use of Moda Health's Social Media.
WHILE MODA HEALTH USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON MODA HEALTH'S SOCIAL MEDIA, MODA HEALTH ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN SUCH INFORMATION.
Your plan documents describe the coverage under your health plan with Moda Health. The information contained on the Moda Health website is not intended to replace, amend, or add to any plan language for policies that you may have with Moda Health.
All information contained within the Moda Health website is provided on an "as is" and "as available" basis, without representations or warranties of any kind, express or implied. Moda Health hereby disclaims all warranties and conditions with regard to any information contained in this website, including any implied warranties of merchantability and fitness for a particular purpose.
The information contained in the Moda Health website is not intended to be and should not be considered a substitute for professional medical advice or medical care. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition or prior to starting any new treatment. In addition, the materials available at this website are only for informational purposes and not for the purpose of providing legal advice.
Limitations of liability
Moda Health is not responsible for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising from your use of the website, or the information or data contained herein, or for your inability to access this website. Your sole remedy for dissatisfaction with the website, website-related services, and/or third party websites is to stop using the websites and/or those services.
You agree to defend, indemnify and hold harmless Moda Partners Inc., their parents, their subsidiaries, their independent contractors, service providers and consultants, and their respective officers, directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to the content that you share, your conduct, your violation of the Terms or your violation of the rights of any third party.
The Terms shall be governed by and construed in accordance with the laws of the state of Oregon, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts located in Multnomah County, Oregon, for the resolution of any and all disputes arising out of or relating to your use of this website.
Links to third-party websites
Certain links on this website will let you leave Moda Health's websites. The linked websites are not under the control of Moda Health and Moda Health is not responsible for the contents or use of any linked website. These links are provided solely for your convenience and the inclusion of any link does not imply endorsement by Moda Health or acceptance of responsibility for the content or use, of any such linked website.
If any provision of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.