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Arise Health Plan appreciates your visit to this web site www.WeCareForWisconsin.com. Please read the following terms and conditions (“Terms and Conditions”) carefully before using this Site as use of this Site constitutes your acceptance of these Terms and Conditions. Your access to and use of the Site is subject to the following terms and conditions (the “Terms and Conditions”) and all applicable laws. If you do not agree to abide by these Terms and Conditions, do not use the Site or download material from the Site.
Terms and Conditions
1. As used in these Terms and Conditions, Arise Health Plan shall mean WPS Health Plan, Inc. d/b/a Arise Health
Plan or any of its contractors.
2. This Site may be linked to other sites that are not maintained by Arise Health
Plan (“Linked Sites”). If you use any of the Linked Sites, you will leave this Site.
Arise Health Plan is not responsible for the content of the Linked Sites. Links
to Linked Sites do not constitute an endorsement from Arise Health Plan or that
any Linked Site is authorized to use any trademark, trade name, logo, or copyright
symbol of Arise Health Plan. Linked Sites are for informational purposes only, and
it is your responsibility to evaluate the content and usefulness of the Linked Sites.
If you decide to visit any of the Linked Sites, you do so at your own risk. It is your responsibility to take all protective measures to guard against viruses
or other destructive elements.
3. Arise Health Plan presents the material and Promotional Material (as hereinafter
defined) on this Site as a service to its customers and other Internet users. Arise
Health Plan makes no commitment to update the Site content or materials. Any unauthorized
downloading or distribution of any copyrighted material from this Site or from Linked
Sites, without the copyright owner's permission, is strictly prohibited.
4. This Site and the materials contained in this Site are copyrighted, protected
by worldwide copyright laws and treaty provisions, and provided for lawful purposes
only. Arise Health Plan reserves all rights under these laws, and except as specifically
permitted below, modifying, copying, distributing, or using for any purpose the materials
contained in this Site is strictly prohibited.
Notwithstanding the foregoing, Arise Health Plan may make available certain copyrighted
materials, including but not limited to photographs and marketing materials (collectively
the “Promotional Materials”) to certain users of the Site for marketing and promotional
purposes. You agree to abide by all additional restrictions displayed on the Site
as it may be updated from time to time. Arise Health Plan shall retain at all times
ownership of and all intellectual property rights to the Promotional Material.
Unless otherwise indicated, all marks displayed on Arise Health Plan‘s Site are
subject to the trademark rights of Arise Health Plan. Any use of our trademarks,
trade names, and logos in which Arise Health Plan, its subsidiaries, affiliates,
divisions, and licensors, do business is strictly prohibited absent Arise Health
Plan’s prior written consent. In addition, the names, trade names, and trademarks
of third parties that appear on this Site are proprietary to their respective owners
and may be used only with their express permission.
5. Arise Health Plan makes no warranty or representation of any kind as to (i) the
accuracy, completeness, reliability, use of, or the results of the use of the materials,
Promotional Materials, and Llinked Sites; (ii) the availability for use of any copyrighted,
trademarked, or proprietary materials of third parties that may appear on this Site;
(iii) whether Site service will be uninterrupted or error-free; or (iv) whether
any materials or Promotional Materials available on or accessible through the Site
are free of viruses, worms, trojan horses, or other harmful components. You acknowledge
that reliance on any such materials, Promotional Materials and Linked Sites shall
be at your sole risk. Arise Health Plan reserves the right, in its sole discretion,
but without obligation, to correct any errors or omissions in any portion of the
Site. Arise Health Plan may make any other changes at any time without notice to
the Site, the materials, or Promotional Materials described in the Site.
Without limiting the foregoing, this Site and the materials and Promotional Materials
available on or accessible through this Site, are provided on an "as is" and "as
available" basis without warranties of any kind, either express or implied, including,
but not limited to, warranties of title, non-infringement, or implied warranties of
merchantability or fitness for a particular purpose. This exclusion of implied warranties
may not apply to you to the extent that applicable law may not allow the exclusion
of implied warranties.
6. Neither Arise Health Plan nor anyone whose materials or information appear on
this Site shall have any liability (whether based on contract, tort, statute, or
otherwise), under any circumstances, for any costs, losses, or damages (whether
direct, indirect, incidental, special, punitive, exemplary, consequential or other
damages, including, without limitation, any lost profits, business interruption,
loss of information or programs or other data on your information handling system)
arising out of or in connection with your access to, browsing of, use of (or your inability
to use), or reliance on this Site, any of the contents of this Site or any Linked
Sites, even if there is negligence or Arise Health Plan or an authorized Arise Health
Plan representative has been advised of the possibility of such damages, or both.
The exclusion on consequential and incidental damages may not apply to you, to the
extent that applicable law may not allow the exclusion of consequential and incidental
damages. Arise Health Plan’s total liability to you for all losses, damages, and
causes of action (in contract, tort, or otherwise) will not be greater than the amount, if any, you paid specifically to
access this Site.
7. Any person or entity including, but not limited to, an entity’s officers, directors,
employees, contractors, and agents that uses this Site agrees to defend, indemnify,
and hold Arise Health Plan, its officers, directors, members, shareholders, contractors,
employees, agents, successors, and assigns harmless from any and all (i) losses,
claims, damages, liabilities, and costs, including reasonable attorneys’ fees, resulting
from or arising out of any act or omission by such person or entity relating to
that person’s or entity’s use of this Site; and (ii) all liabilities, costs, and
expenses, including reasonable attorneys' fees, related to any violation of these
terms and conditions by such person or entity.
8. This Site is controlled, maintained, and serviced by Arise Health Plan within
the State of Wisconsin, United States of America and is made available only to provide
information about Arise Health Plan. Those who choose to access this Site from other
locations do so on their own initiative and are responsible for compliance with
applicable local laws. You may not use or export the materials or Promotional Materials
in this Site in violation of U.S. export laws and regulations. This Site can be
accessed from all 50 states, as well as from other countries around the world. As
each of these places has laws that may differ from those of Wisconsin, by accessing
this Site both you and Arise Health Plan agree that the statutes and laws of the
State of Wisconsin, without regard to conflicts of laws principles, exclusively
will govern the construction of these Terms and Conditions and all matters relating
to the use of this Site. You and Arise Health Plan also consent, and hereby submit,
to the exclusive personal jurisdiction and exclusive venue of the Circuit Court
of Dane County, Wisconsin, or the United States District Court for the Western
District of Wisconsin with respect to all matters relating to the use of this
Site.
9. Except as provided by Arise Health Plan’s Privacy Policy, all remarks, questions,
suggestions, ideas, graphics, data, or other information communicated to Arise Health
Plan directly through this Site or e-mail will become the exclusive property of
Arise Health Plan, and is, and will be treated as, non-confidential and nonproprietary
and may be used for any purpose including, but not limited to, reproduction, transmission,
publication, broadcast, and posting. Furthermore, Arise Health Plan is free to use
any ideas, concepts, know-how, or techniques contained in any communication you
send to this Site for any purpose whatsoever, and Arise Health Plan will not incur
any liability as a result of any similarities to the communicated materials that
may appear in Arise Health Plan’s products, business, or services.
10. If any part of these Terms and Conditions is unlawful, void, or unenforceable,
that part will be deemed severable and will not affect the validity and enforceability
of any remaining provisions. These Terms and Conditions are the entire agreement
between you and Arise Health Plan relating to the use of this Site, and it cannot
be modified orally by any representative of Arise Health Plan. Any agreement which
varies these Terms and Conditions must be made in writing and signed by you and
Arise Health Plan. Any cause of action you may have with respect to your use of
the Site must be commenced within one (1) year after the claim or cause of action
arises.
11. Arise Health Plan may terminate, change, suspend, or discontinue any aspect
of this Site, including the availability of any features of or contained in the
Site, at anytime. Arise Health Plan may also impose limits on certain features and
services or restrict your access to all or parts of the Site without notice or liability.
Arise Health Plan may terminate the authorizations and rights granted, and, upon
such termination, you shall immediately destroy all materials and Promotional Materials
including, but not limited to, any and all related documentation and all copies and
installations.
Arise Health Plan reserves the right, in its sole and exclusive discretion, to revise
these Terms and Conditions at any time. Changes in these Terms and Conditions will
be effective when made and posted to the Site. Since you are bound by all revisions
made by Arise Health Plan, you should review this page each time you connect to
Arise Health Plan’s Site. Your continued use of the Site after any changes to these
Terms and Conditions are posted will be considered acceptance of those changes.
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