Online Services and EF Web Confidentiality Agreement
Important Terms and Condition Information
Welcome to https://www.theeagleforce.net/, the Web site for EagleForce (EF) Associates Inc. Please take a moment to read through this Online Services Agreement (the "Agreement") before proceeding. This Agreement contains the terms and conditions you agree to when you use our Web site.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OUTLINED HEREIN. ALL TRANSACTIONS CONDUCTED ON THE WEB CARRY FULL LEGAL AUTHORITY AND SCOPE DICTATED BY LAW FOR PAPER TRANSACTIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE CONTAINED HEREIN.
SECTION A) EF, Inc.
This Agreement will be governed and construed in accordance with the laws of the Commonwealth of Kentucky applicable to agreements made and to be performed in Kentucky.
EF Inc. may modify this Agreement at any time, and such modifications will be effective immediately upon either posting of the modified agreement on this Web site or by notifying You (as defined herein below).
You agree to review the agreement periodically to be aware of such modifications and Your continued access or use of the Service will be deemed Your conclusive acceptance of the modified agreement.
Agreement with EF
This Agreement is between you ("I","Me","MY","You","Your", or "User") and EF Inc. ("EF"), the provider of the online information, transaction services and communication services. During the period in which
I (User) am provided with authorized access to information of EFs and subsidiaries and affiliates of EF, I agree to the following provisions:
Information Systems Disclosure (Includes all affiliates of EF):
EF, by itself or through an agent, may deny access to its information systems to anyone at any time, with or without cause. EF reserves the right to access, read, copy, delete and disclose EF information.
EF reserves the right to inspect any and all files stored or transmitted by EF or by Me when using the Service.
I will not use EF's Internet facilities and computing resources in a manner which may violate the laws and regulations of the United States or any other nation, or the laws and regulations of any State, City, Province or other jurisdiction in any fashion.
I will maintain in strict confidence and will not use or disclose any information of EF or its managed and/or contracted entities, including, but not limited to, insured, plan, member, client, patient, enrollee, claim or medical information or any information contained on or in EF's computing environment.
The use of passwords or Personal Identification Number (PIN) created by Me in using the Service does not create a right of privacy for Me. Passwords and PINs are designed to minimize unauthorized access.
Passwords and PINs created to access the Service, should be memorized and kept private. EF will never request that you reveal your password. If My password or PIN is accidentally revealed, I can generate a new password or PIN at any time.
I may print a copy of the information contained on this Web site for my personal use only. I may not reproduce or distribute the text or graphics to others or substantially copy the information on My own server, or link to this Web site, without prior written permission of EF.
If I become aware of any activity that threatens the security of EF's Information Systems, I will immediately report the activity to EF’s contact 855-481-2110 or BigDataInsights@theeagleforce.net.
I agree my actions will be in accordance with the rules of ethics and conduct of all applicable state and federal rules, laws, and regulations. Proven misconduct could lead up to termination of my contract with EF.
Consent to Electronic Transactions
I, the User, and EF acknowledge and agree that any and all transactions performed during the term of this Agreement that are conducted through the utilization of electronic transactions and verified by the use of electronic signatures are binding per 15 U.S.C § 7001- 7006. I understand that My consent, when issued electronically by use of My unique identifiers or passwords, bears the same legal authority as My written signature and is binding per 15 U.S.C § 7001- 7006.
I will be bound by this Agreement throughout the term of such Agreement. I may request that this Agreement be terminated and that EF default to providing paper access to services by submitting an address, phone number and contact name for distribution of paper forms, as needed, to my EF representative. Such request will be processed within forty-eight (48) hours.
I may obtain a paper copy of any electronic transaction by printing the Internet screens on which such information is present. Some types of information will be provided automatically in paper form. Examples of paper forms include but are not limited to: any notice of cancellation of policies or termination of coverage and any information pertaining to an appeal of a denied claim or adverse benefit decision. Learn more about EF's website privacy and maintenance policies.
I and EF acknowledge and agree that all transactions conducted electronically bear the same legal authority as paper documents with written signatures and are binding per 15 U.S.C § 7001- 7006. Types of electronically conducted transactions include, but are not limited to activity related to:
· Claims, Referrals, Authorizations
· Eligibility, Benefits and ID Cards
· Quoting, Billing, Commissions
· Contracting, Credentialing
· Provider Directories
· Secured Messaging.
I and EF agree that certain minimum hardware and software requirements must be met in order to conduct electronic transactions.
I may terminate this Agreement should I be unable to communicate electronically under these or any new technical requirements.
I understand that EF cannot and does not guarantee or warrant that any files which may be available for downloading through the Service will be free of computer viruses or other code that manifests contaminating or destructive properties. I am responsible for implementing sufficient procedures and checkpoints to satisfy My particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.
EF: Does not assume any responsibility or risk for My use of the Service.
Does not make any express or implied warranties, representations or endorsements whatsoever (including, without limitation, warranties of title or non-infringement or fitness for a particular purpose) with regard to the Service, or any information or service provided through the Service or on the Internet generally, and will not be liable for any cost or damage arising either directly or indirectly from My use of the Service.
Does not warrant the accuracy, completeness, timeliness, or usefulness of any information, opinions, advice, services, merchandise or any other information provided through the Service or on the Internet generally. Is not responsible for any changes that may be required by My Internet Service Provider (ISP).
Will in no event be liable to Me or anyone else for any decision made or action taken by Me or anyone else in reliance upon the information provided through the Service.
Will under no circumstances and under any legal theory, tort, contract, or otherwise, be liable to Me or any other person for any indirect, special, incidental, or consequential damages or losses of any character whatsoever with regard to the service.
For More Information The EF Inc. Web site is maintained by EF Inc., 13241 Woodland Park Road, Suite 600, Herndon, VA 20171.
EF Web Confidentiality Agreement
THIS CONFIDENTIALITY AGREEMENT is entered into by and between EF INC. ("EF") and you in your role as a member or as an administrator of your Organization ("Organization" means a Provider, Provider group, Employer, Employer Group, Agent, Broker, Agency and Brokerage firm or Business Associate.) EF and You are sometimes hereinafter referred to individually as the "Party" or collectively as the "Parties".
WHEREAS the Parties hereto desire to enter into a confidentiality arrangement whereby parties shall share information;
WHEREAS, the Parties acknowledge that any information or data, whether printed, written, oral or electronically stored or reproduced and whether provided in response to specific inquiry or voluntarily provided, including but not limited to the identity of EF's customers, EF's methods of doing business, and financial information regarding EF's customer contracts, both detailed information and the basic nature of the information is confidential, and that both Parties intend that such information remain confidential ("Confidential Material");
WHEREAS The term "Confidential Material" does not include information which (i) becomes generally available to the public other than as a result of a disclosure by party or parties' subsidiaries or agents, (ii) was rightfully available to party on a non-confidential basis from a source other than said parties, provided that such source is not bound by a confidentiality agreement with any of said parties or otherwise prohibited from transmitting the information to party by a contractual, legal or fiduciary obligation.
NOW THEREFORE, Without the written prior consent of the party, party will not, and will direct your directors, agents and employees who have access to the Confidential Materials, not to, disclose to any of the Confidential Materials. The term "person" as used in this Agreement shall be broadly interpreted to include, without limitation, any corporation, company, partnership, trust or individual.
Both parties shall maintain the confidentiality of information of members/patients, insurers or other persons or entities to whom the Confidential Material may pertain. The Parties agree to prevent the disclosure of such information to third parties except in connection with its obligations hereunder and as may be required by law.
You and your subsidiaries, agents, or employees, will not, and you will direct your directors, officers, employees and representatives not to, use any of the Confidential Material for any reason or purpose other than to provide the services.
In the event that party or any of parties subsidiaries are requested or required (by oral questions, interrogatories, requests for information or document, subpoena, civil investigative demand or similar process) to disclose any information supplied to you in the course of your dealings with the other party or any subsidiary of the other party or the agents of any of them, you agree to provide the other party with prompt notice of such request(s) so that it may seek an appropriate protective order and/or waive your compliance with the provisions of this Agreement. It is further agreed that, if in the absence of a protective order or the receipt of a waiver hereunder you are nonetheless, in the reasonable opinion of your attorney, compelled to disclose information concerning the other party or any subsidiary of the other party to any tribunal or else stand liable for contempt or suffer other censure or penalty, you may disclose such information to such tribunal without liability hereunder.
At the termination of such Agreement, you will promptly, upon the request of the other party, deliver to such party all documents or other matters furnished to you constituting Confidential Material, without retaining any copy thereof. In the event of such request, all other documents or other matters constituting Confidential Material will be destroyed (including all electronic images of Confidential Material), and you will confirm in writing that all Confidential Material has been returned or destroyed.
It is understood and agreed that no failure or delay by the other party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder.
Communications, notices and customer service By registering for the Program, you agree that: (i) we may give you notices of important matters by prominently posting notices on the home page of the Program or in another reasonable manner we determine in our sole discretion; and (ii) we may contact you and send you communications by postal mail and e-mail at the addresses you provide to us.
You may modify certain types of mail and communications that you receive from us about the Program by indicating your communication preferences within the account settings section of the website. If you have a question regarding use of the Program, you may contact Customer Support by calling the number on the back of your EF member ID card.
General provisions Termination/suspension. Any suspension or termination will not affect your obligations to us under these Terms and Conditions, Additional Terms or any other requirements of the Program. Upon suspension or termination of your access to the Program, or upon notice from us, all rights granted to you under these Terms or any Additional Terms will
cease immediately, and you agree that you will immediately discontinue use of the Program. The provisions of these Terms and Conditions and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to us in these Terms and Conditions, as well as any indemnities, releases, disclaimers, and limitations on liability.
Severability. If any provision of these Terms and Conditions, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms and Conditions, or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms and Conditions, or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.
Investigations. We reserve the right, without any limitation, to: (i) investigate any suspected breaches of website’s security or information technology, or other systems or networks; (ii) investigate any suspected breaches of these Terms and Conditions or other requirements of the Program; (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters.
No waiver. Except as expressly set forth in these Terms and Conditions, or any Additional Terms, (i) no failure or delay by you or us in exercising any rights, powers, or remedies will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms and Conditions, or any Additional Terms, will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
Connectivity. You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service providers, mobile service, and other services needed for your access to and use of the Program and you will be responsible for all charges related to them.