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Access Agreement
The Access Agreement* appears below. If you agree to its terms, check the radio button below that says "Yes, I Accept Access Agreement". <View/Print Access Agreement> If you agree to what you read below, you should click on the button that says "Yes, I accept Access Agreement". By doing so, you indicate that you understand and intend this Access 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 dependants) using your Password; and that you will use the information and services available in connection with the HTH GH&SS (as defined below) 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 "No, Cancel", and you will exit this Agreement and you will not have access to the HTH GH&SS. 1. Agreement Between You and Highway to Health, Inc.(d/b/a HTH Worldwide). HTH has developed proprietary suite of tools, information and services which: (i) allow you to access information and news about healthcare services in and the security status of some of the world's most popular destinations either directly through a website (the "HTH Website") or in some cases through an Customer Service Representative (Service Representative); (ii) assist you, when you are traveling, to locate and access healthcare "Providers" which have accepted HTH's invitation to participate with HTH; and (iii) provide other health and security related information of interest to travelers including medication names and translations of medically-related phrases and terms and text articles on relevant topics (collectively, these tools are referred to as HTH's Global Health & Safety Services (HTH GH&SS)). All information and data of any nature contained in or through the HTH GH&SS shall be referred to herein as the "Content". As used in this Agreement, "Providers" means "health care providers" and includes (but is not limited to) individual physicians, physician groups, hospitals, clinics and health systems. You have gained access to the HTH GH&SS either through your purchase of an HTH insurance product or through another administrative services or licensee relationship between an entity with which you have an affiliation. Please note: HM Life Insurance Company (HM) is the underwriting insurer for TravelGap®, the travel accident and sickness insurance policy, the Global Citizen health plan, and the Global Student Health plans. HM's sole role in these programs is as the insurer underwriting these policies. Stonebridge Casualty Insurance Company is the underwriting insurer for the TripProtector<sup>SM</sup> and TripProtector Preferred SM comprehensive travel insurance policies. HM's and Stonebridge Casualty's sole role is as the insurers underwriting these policies. As used in this Agreement, "Insurers" refers to HM and Stonebridge Casualty Insurance Company. Summary of "Terms of Use; Legal Disclaimer" (For full text, see Section 6 of this Agreement.) Use of any of the Content contained in the HTH GH&SS is entirely at your own risk. The HTH GH&SS and Content are all provided "as is", without warranty of any kind, either express or implied. Utilization of any of the healthcare Providers which participate in the HTH GH&SS or other entities referenced on through the HTH GH&SS or in the Content or reliance upon any of the Content shall be at your sole discretion. HTH expressly disclaims all representations and warranties and/or liability relating to all interactions, of any nature, you may have with any of the healthcare Providers or other entities referenced or participating in the HTH GH&SS. This Agreement will set forth the terms and conditions relating to your access to the HTH GH&SS. You may register individually or, depending on the HTH plan you have purchased, or other manner of access, you may include family members under your account. Any and all family members registered under your account shall be bound by the terms and conditions in this Agreement. Except where expressly limited to you in your individual capacity, the use of the word "you" in this Agreement shall apply to you and any family members who are registered under your account. If you register one or more family members, you acknowledge, agree, and warrant that you have permission and/or custodial authority to make such decisions on behalf of all such family members, by law or by separate agreement. Upon completion of the access registration process, which includes acceptance or execution of this Agreement, you will receive or you will select a unique username and password combination ("Password"). (In some cases, you will select a unique username and password later and enter your unique insurance Certificate number). Your Password shall serve as a personal, revocable, non-exclusive, non-transferable license to use or access the HTH GH&SS for the purposes which it is 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 HTH GH&SS in an anonymous or unauthorized manner. Use of your Password, by any party, at any time, shall constitute such user's agreement to be bound by the terms and conditions of this Agreement. You agree to immediately notify HTH if you become aware of any loss or theft of your Password or any unauthorized use of your Password. 2. Use of the HTH GH&SS. You agree not to use the HTH GH&SS or the Content for any purpose that is unlawful or prohibited by the terms and conditions of this Agreement. The HTH GH&SS and Content contains valuable, proprietary content owned by HTH 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 the HTH GH&SS. Any other use is strictly prohibited. 3. Security of HTH's Website; Use of the Internet. HTH makes reasonable efforts to maintain security of the HTH Website. In some cases when utilizing the HTH GH&SS, you will have the option to enter the HTH 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 HTH to use advanced encryption tools to protect information transmitted between your computer and our server. Through encryption, the personal information you enter, including credit card number, social security number, name and address is converted into code so that it cannot be read as the information travels over the Internet. Despite HTH's reasonable efforts to maintain security, you acknowledge that use of the Internet 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 HTH Website, the Content or any other information provided by you or other parties in connection with the HTH GH&SS may result in criminal and/or civil prosecution. For your protection, HTH reserves the right to view, monitor, and record activity on the HTH Website and the HTH GH&SS 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 HTH Website or the HTH GH&SS. HTH will also comply with all court orders involving requests for such information. 4. Confidentiality of Information. HTH acknowledges that, in connection with your use of the HTH GH&SS, some of the information you will provide, either directly through the HTH Website or to the Service Representative, is personal. Any and all information which you provide shall be used by HTH solely in connection with the HTH GH&SS. USE AND DISCLOSURE OF HEALTH INFORMATION - YOUR AUTHORIZATION TO RELEASE OF INFORMATION Certain HTH Plans such as Global Citizen require that you complete detailed medical information questionnaires. You may be purchasing this HTH Plan 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 Worldwide Insurance Services, Inc.'s (HTH's affiliated agency) relationship with the agent, their affiliated general agents or any other referring party. You acknowledge: (i) that you have the right not to agree to this authorization; (ii) that you may revoke this authorization at any time by providing written notice by electronic mail to compliance@hthworldwide.com; (iii) your revocation will be effective upon receipt; (iv) you have a right to receive a copy of this authorization; (iv) neither treatment, payment, enrollment or eligibility for benefits will be conditioned on your providing or refusing to provide this authorization; (v) information disclosed pursuant to this authorization could be re-disclosed by the recipient and might no longer be protected by federal confidentiality law (HIPAA); (vi) 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 the HTH GH&SS serves only as an intermediary that facilitates connections between Providers and patients. You acknowledge that none of the Providers are employed by or affiliated with HTH, in any way, other than with respect to their agreement to participate in the HTH GH&SS by having their name and biographical information included in HTH's database. You acknowledge that the Providers are not obligated to satisfy your appointment requests and that HTH cannot guarantee that your appointment requests will be satisfied. In addition, you acknowledge that you are under no obligation to accept 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. HTH cannot be relied upon to make appointments in any particular timeframe. You acknowledge that any Provider which you chose to see has the sole responsibility for the professional care provided to you. HTH assumes no responsibility or liability, of any nature whatsoever, for any claims, including but not limited to medical malpractice claim, that may result from your interaction with a Provider. You acknowledge and agree that HTH is not a medical referral service, and does not recommend or endorse any particular doctors, dentists, healthcare providers, hospitals, medical clinics, physician practices, or medical services of any kind. HTH does not offer advice regarding the quality or suitability of any particular medical treatment or remedy for any medical condition. Information on the HTH GH&SS or provided to you by an Service Representative in conjunction with the HTH GH&SS should not be construed, in any manner, as health or medical advice. You also understand that in inviting and accepting healthcare Providers for participation in the HTH GH&SS, HTH relies, in part, upon information provided by third-parties, including information provided by the Providers themselves. HTH is not and cannot be held liable or responsible for inaccurate, incomplete, or misleading information (collectively, "misinformation") given to it by third parties, whether or not HTH could have discovered such misinformation. HTH does not maintain malpractice insurance coverage on behalf of any of the Providers. You understand that 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. 6. Terms of Use; Legal Disclaimer. Use of any of the Content contained in the HTH GH&SS is entirely at your own risk. The Content and the HTH GH&SS are 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 any of the healthcare Providers which participate in the HTH GH&SS or other entities referenced on the HTH GH&SS 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 HTH Website, or in connection with the HTH GH&SS, do not constitute or imply endorsements, recommendations or referrals by HTH or any one of the Insurers. The Providers do not endorse HTH 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 Providers other than those referenced in the HTH Website, the Content or participating in the HTH GH&SS that meet your medical needs. Neither HTH, any one of the Insurers 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 GH&SS or the HTH Website, even if HTH and/or any one of the Insurers 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, HTH and/or any one of the Insurers 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 or the HTH GH&SS, HTH's liability shall not exceed the amount of any fees paid by you to HTH in connection with the use of the Content or the HTH GH&SS and any one of the Insurer's liability, with respect to any one person insured under the insurance policy underwritten by any one of the Insurers, shall be limited to the claims payable to that person pursuant to the terms of that policy. HTH and the Insurers each expressly disclaim all representations and warranties and/or liability relating to all interactions, of any nature, you may have with any of the healthcare Providers or other entities referenced in the Content or participating in the HTH GH&SS. Except for claims payable pursuant to the terms of the insurance policy underwritten by any one of the Insurers, you agree to look solely to such Providers or entities, not HTH or Insurer of your plan in regard to any legal claims of any nature or other matter whatsoever arising out of such interactions. Neither HTH nor any of the Insurers are 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, 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. You acknowledge and understand that the Insurers do not control the HTH GH&SS and/or the Content and links to websites operated by parties other than HTH. You agree that the Insurers are not responsible for the content of any of the aforementioned websites. HTH's inclusion of links to other websites does not imply any of the Insurers' endorsement of the material on such websites or the Insurers' association or affiliation of any nature with their operators. The HTH Website, the HTH GH&SS and/or the Content may contain links to websites operated by parties other than HTH. Such links are provided for your reference and convenience only. You acknowledge and understand that HTH does not control such websites and you agree that HTH is not responsible for the content of such websites. HTH's inclusion of links to such websites does not imply any endorsement of the material on such websites or any association or affiliation of any nature with their operators. All content on the HTH GH&SS and the HTH Website are: Copyright (c) 1998 - 2006 Highway to Health, Inc., 1 Radnor Corporate Center, Suite 100, Radnor, Pennsylvania 19087 U.S.A. and/or its suppliers. All rights reserved. HTH also owns a copyright in the HTH Website as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of its content. Your use of the HTH Website, the Content and/or the HTH GH&SS 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 HTH Website, the Content or the HTH GH&SS with the following exception: You may display, print, and store one electronic copy of content provided for your personal use. You may not, without HTH's written permission, "mirror" any material contained on the HTH Website on any other server. HTH, TravelGap®, CityHealth Profilessm , TravelGap Vacationer® , Global Student Health, Global Citizen, TripProtectorSM and other names of HTH products and/or services referenced in the Content or the HTH GH&SS are trademarks/servicemarks or registered trademarks/servicemarks of HTH. Other product and company names mentioned herein may be the trademarks of their respective owners. Please be aware that HTH actively and aggressively enforces its intellectual property rights to the fullest extent of the law. 7. General. 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 GH&SS and/or the HTH Website. Use of the HTH GH&SS and/or the HTH Website 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 and HTH with respect to your use of the HTH GH&SS, the HTH Website and/or the Content, in any manner, and it supersedes all prior or contemporaneous communications of any nature between you and HTH. A printed version of this Agreement and of any notice given in electronic 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: (i) 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 family members, if applicable) and to use the HTH GH&SS in accordance with the terms and conditions of this Agreement; (ii) represent and warrant that all information supplied by you in registering and utilizing the HTH GH&SS is true and accurate; (iii) agree to be financially responsible for all costs associated with your membership to the HTH GH&SS; and (iv) agree to supervise all usage of the HTH GH&SS by any party utilizing the HTH GH&SS under your account. If any of the membership registration information about you, or a family member, materially changes, you will use your best efforts to inform HTH of such changes promptly. 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 Access Agreement"). The term of this Agreement is for as long as you remain a subscriber to the HTH GH&SS. Yes, I Accept Access Agreement No, Cancel