Terms and Conditions

The following terms and conditions (“Terms and Conditions”) govern your use of this web site (the “Site”), and by accessing, viewing, or using the material on the Site, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract, and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. If you do not agree with the Terms and Conditions, you are not granted permission to use the Site and should exit immediately.

1. Proprietary Rights. All material contained in this Site is protected by law, including but not limited to, United States copyright law. Except as indicated, the entire content (including images, text and look and feel attributes) of this Site is © Absolute Total Care. All rights reserved. Removing or altering the copyright notice on any material on the Site is prohibited. Absolute Total Care also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of such content. Any commercial use of this content is prohibited without the prior written consent of Absolute Total Care. All trademarks and logos are proprietary to Absolute Total Care. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Please be advised that Absolute Total Care actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

2. Use of Site. By transmitting any suggestions, information, material, files, or other content (collectively, “content”) to Absolute Total Care, you automatically grant Absolute Total Care the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. Further, Absolute Total Care is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this Site for any purpose whatever, including but not limited to creating and marketing products and/or services using such information.

Access to or use of certain areas of this website (e.g. Member or Provider Web Portals) is for authorized personnel only. Absolute Total Care reserves the right to monitor and record all activities on this Site, specifically regarding protected areas such as the Member and Provider Web Portals.  No one using these web portals should expect any privacy despite the use of passwords or other such protections.  By registering to use the Member or Provider Web Portals on this Site you acknowledge that you are an authorized user and that you will adhere to all terms and conditions of use set forth and proscribed herein.  Absolute Total Care reserves the right to inactivate any unauthorized registered user of the Member or Provider Web Portals.  The Provider or the Provider Affiliated Group is responsible for notifying Absolute Total Care about any of its representatives access accounts that require deactivation from accessing the portals.  The Provider or the Provider Affiliated Group is responsible for any direct or indirect consequences that may result from not notifying  Absolute Total Care about access accounts that require deactivation.

3. No Solicitation or Offer of Medical Services or Advice. This Site is designed to provide general information about Absolute Total Care and its products and services. Information on the Site is not intended to constitute an offer to sell or a solicitation of any particular product or service. Some products and/or services may not be available in all states and in many instances may be offered only through employers and other plan sponsors. No material contained herein should be construed as medical advice. Individual inquiries about sensitive or confidential matters should be addressed to appropriate health care professionals.

4. No Legal Advice. Nothing contained, expressed, or implied in this Site is intended as, nor shall be construed or understood as, legal advice, guidance, or interpretation. No attorney-client relationship is established between Absolute Total Care and you by reason of your use of this Site or under any circumstances whatever. The information in this Site is for general informational purposes only. If you have questions about any law, statute, regulation, or requirement expressly or implicitly referenced in this Site, you should contact your own legal counsel.

5. Confidentiality Cannot be Guaranteed. Please be advised that the confidentiality of any communication or material transmitted to Absolute Total Care via this Site or Internet electronic mail cannot be guaranteed, including personal information such as your address or social security number.

6. 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.

7. Privacy. You have read the Absolute Total Care Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by Absolute Total Care and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the Absolute Total Care Privacy Policy.

8. Securities Information. This Site and the information contained herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. The Site contains information and press releases about Absolute Total Care, and although this information was believed to be accurate as of the date prepared, Absolute Total Care disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a “forward looking statement” as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the “safe harbor” for forward looking information and is subject to material risk factors which may or may not be disclosed herein.

9. Disclaimer of Warranty and Liability. USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. NEITHER Absolute Total Care NOR ITS AFFILIATES ARE RESPONSIBLE FOR THE CONSEQUENCES OF RELIANCE ON ANY INFORMATION CONTAINED IN OR SUBMITTED TO THE SITE, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Absolute Total Care SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS.

10. Corrections and Changes. While we endeavor to keep these materials up to date, Absolute Total Care cannot assume responsibility for any errors or omissions in these materials. Absolute Total Care further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. Absolute Total Care may make changes to these materials, or to the products or services described herein, at any time without notice, and makes no commitment to update the information contained herein. Absolute Total Care, reserves the right to terminate your access to the Site in the event that you violate these Terms and Conditions, or for any reason whatever.

11. Indemnification. You agree to defend, indemnify, and hold harmless Absolute Total Care, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney’s fees and litigation expenses) relating to or arising from your use of the Site and any breach by you of these Terms and Conditions.

12. Links to Other Web Sites. This Site may, from time to time, contain links to other Internet web sites for the convenience of users in locating information and services that may be of interest. These sites are maintained by organizations over which Absolute Total Care exercises no control, and Absolute Total Care expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites. Absolute Total Care does not control, endorse, promote, or have any affiliation with any other web site unless expressly stated herein.

13. Use of the Internet. Use of the Internet is solely at your own risk and is subject to all applicable state, national and international laws and regulations. Neither Absolute Total Care nor its affiliates will be liable for any loss resulting from a cause over which they do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

14. Governing Law and Jurisdiction. These Terms and Conditions will be governed by and construed in accordance with the laws of the [State of HEALTH PLAN's operation], without reference to its choice of law rules. By accessing, viewing, or using the material on the Site, you consent to the jurisdiction of the federal and state courts presiding in the [State of HEALTH PLAN's operation], and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by Absolute Total Care from its offices within the United States. Absolute Total Care makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.

15. Modification. Absolute Total Care 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.

16. 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.

These Terms and Conditions constitute the entire agreement between you and Absolute Total Care with respect to your use of the Site. You acknowledge that, in providing you access to and use of the Site, Absolute Total Care has relied on your agreement to be legally bound by these Terms and Conditions.