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Acceptable Use Policy

Terms of Use

Agreement. This Terms of Use Agreement ("Agreement") governs your use of the web site and all MCNA associated websites (collectively, the "Site"), and the services made available through the Site on MCNA's state specific Provider Portals (the "Services"). The Site is operated by Managed Care of North America, Inc. ("MCNA"). Please read this Agreement carefully as well as our MCNA site Privacy Policy (incorporated herein by reference) before using any part of the Site. By accessing and using the Site, you are signifying that you have read, understand, and agree to be bound by the Terms of Use ("Agreement") and Privacy Policy. If you decide to do more than review the publicly available contents of our Site, such as register or make use of the Site services, such as by accessing our Provider Portals, you may be asked to agree to additional terms and conditions, which are incorporated herein by reference. In the event of a conflict between those additional terms and conditions and this Agreement, the terms of the additional terms and conditions shall govern. If you use this Site on behalf of an organization, such as a health provider, references in this Agreement to "you" and "your" are intended to be references to you individually and to your organization, both of which are to be bound.

No Dental or Medical Advice. Although MCNA is dedicated to servicing the dental care industry, MCNA is not authorized or licensed to provide, and does not engage in providing, dental or medical advice. Nothing in the Site is intended to be construed as the provision by MCNA of dental or medical advice.

Territory and Eligibility. You may only use the Site if you are located within the continental United States, and Alaska and Hawaii, and are at least 18 years of age.

Acceptable Use. You may not use, or encourage, promote, facilitate or instruct others to use, the Site for anything other than a lawful and legitimate purpose, and not in any way that would violate this Agreement or the law. Regardless of the location from where the Site is used or accessed, you agree to comply with all applicable laws, regulations, statutes, and ordinances in connection with the use of the Site. Examples of prohibited uses include, without limitation: (a) any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography; (b) content that infringes or misappropriates the intellectual property or proprietary rights of others; (c) violation of any person's or entity's proprietary, publicity, privacy, or other right; (d) use of the information obtained through or from the Site to commit fraud, activities that may be harmful to others, our operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming), or engaging in other deceptive practices; (e) misuse or disclosure of a person's or entity's confidential or proprietary information; (f) downloading or otherwise exporting programs or content from the Site in violation of United States export laws; (g) transmission, storage, or knowing receipt of any obscene, pornographic material, defamatory, abusive, invasive of privacy, or otherwise objectionable or engaging in any misleading, tortious, defamatory, libelous, or offensive activity; (h) use of automated software or software scripts to simulate the human behavior of navigating the Site; or (i) disruption of the Site or attempts to purposefully disrupt the Site, through use of methods such as viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding, or spamming. In addition, to the extent applicable, you agree not to use, access, combine, or disclose the information available on the Site in such a way that would violate the Health Insurance Portability and Accountability Act ("HIPAA"), its regulations or other applicable law.

Reporting Fraudulent Activity or Inappropriate Site Usage or Behavior. If you become aware of or suspect fraudulent or unlawful activity or any other activity that threatens the security of the Site, its content, operations or any part thereof, or appears to be a misuse or unauthorized access to any confidential, dental or medical information, you are obligated to immediately report the activity to MCNA. We ask that you also report to us any activity on or regarding the Site that comes to your attention that is inappropriate, abusive, or otherwise problematic. MCNA reserves the right but not the obligation to pursue actions against any such wrongdoers. To report any of the foregoing problematic or potentially problematic activity, please contact MCNA.

Reporting Certain Abuses to Law Enforcement Authorities; Legal Process and Notifications. MCNA reserves the right to report to local, national or international law enforcement agencies abuse and violations of this Agreement, including, without limitation, those that may compromise the safety of you or users of the Site or the subjects of information sent through the Site. Nothing in this Agreement shall be construed to prohibit or restrict MCNA from complying with any applicable laws, law enforcement requests, subpoenas, legal requirements and legal reporting obligations relating to your or another user's use of the Site, or use of information or user information.

Disclaimers. You expressly understand and agree that any and all information and services contained on, used through, or obtained from the Site are provided "as is" and on an "as available" basis. MCNA, its licensors, and its information and service providers do not warrant that the information and services contained on, used through or obtained from the Site are accurate, complete, free from bugs, defects, harmful components, or errors, or that sent information will reach the intended destination or reach it in the form intended, or that the system will be accessible without interruption, or that any such defects, harmful components, errors or mis-deliveries will be corrected or removed. MCNA makes no, and hereby expressly disclaims all, warranties, express or implied, including, without limitation, as to the merchantability, fitness for a particular use or purpose, non-infringement, title, or any other warranty, condition, guaranty, or representation, whether oral, written, or in electronic form, with respect to the content or operation of the Site, including but not limited to, regarding the quality, accuracy, usefulness, timeliness, availability, operation, or completeness of any information or services provided on or made available through the Site. Additional disclaimers may appear on the site and are incorporated herein by reference.

You acknowledge that MCNA does not endorse or act in a representative capacity and is not responsible or liable for, any affiliate site, any Site user, or any third party.

No Third Party Beneficiary. Nothing in this Agreement shall be construed to establish a basis for claims against MCNA (its officers, directors, or employees) by third parties asserting status as third party beneficiaries.

Down Time. MCNA takes commercially reasonable measures so that the Site is available without significant interruption, except for scheduled down time needed to help maintain effective operation of the Site. However, difficulties with hardware, software, and equipment as well as services supplied by others may result in service interruptions. MCNA makes no express or implied warranties with respect to the availability or functionality of the Sites to you. You acknowledge and agree that MCNA shall have no liability for any loss incurred by you due to loss of functionality of the Site for any reason and duration of time.

Security. MCNA will use reasonable security measures to protect the Site, and at least those security measures required by law. However, MCNA is not responsible for any breach of security or for the unauthorized use by others of your information.

Links. From time to time, the Site may contain links to other sites. Such links are for your information and convenience only and the fact that they are linked to or from the Site does not mean that such sites or their contents, services or goods, are endorsed by MCNA. When you visit such sites, please review their terms of use and privacy policies before you use them. You may not insert a link to the Site without MCNA's prior written permission.

Denial of Access and Termination. MCNA may suspend, deny and terminate your access to the Site at any time. MCNA reserves the right to access, read, copy, delete and disclose information on MCNA's systems and equipment. MCNA reserves the right to inspect any and all files and information stored on or transmitted through MCNA equipment. Suspension, denial or termination of your use of the Site does not affect or terminate your obligations to MCNA.

Fees and Charges. MCNA may charge for some or all of the services provided on or through the Site. Such charges will be set forth in a separate agreement between you and MCNA, in this Agreement, on the Site itself, or on materials provided with the service, and MCNA may change such charges on notice to you.

Intellectual Property. MCNA and its licensors and its information providers retain all intellectual property rights with respect to the Site. All Site content included or available on the Site, including, but not limited to, trade names, trademarks, service marks, text, graphics, interfaces, code, information, databases, technology (other than content or information sent to and from Site users) (collectively, the "Content"), and the selection and arrangement thereof, are the sole and exclusive property of MCNA, or its licensors or information providers.

Indemnification. To the maximum extent allowed by applicable law, you agree to indemnify and hold harmless (and with respect to third party claims defend upon MCNA's request), MCNA, its affiliates, and licensors and information providers, from and against all claims, suits, proceedings, losses, liabilities, and expenses, including without limitation, attorneys' fees in connection with a third party claim, whether the claim or harm sounds in tort, contract, or otherwise, which arise out of, are a result of, or relate to your breach of any obligation, provision, acknowledgement, representation or warranty in this Agreement, your use of the Site or Site or any information sent, accessed, viewed, or received through the Site, your use of Content, and/or your activity in relation to the Site.

Electronic Communications. By using the Site, you are consenting to receive communications from MCNA electronically and agreeing that MCNA may communicate with you via e-mail, by posting notices on this Site, and also, if MCNA wishes, by regular means of communication, including for example, postal mail. You agree that all agreements, disclosures, notices and other communications that MCNA provides to you electronically satisfy any legal requirement that such communication be in writing.

Additional Terms. From time to time, the Site may contain additional terms and conditions (the "Additional Terms") governing your use of the Site or components thereof, which Additional Terms are hereby incorporated by reference. You agree to comply with any such Additional Terms as part of this Agreement.

General. This Agreement shall, for all purposes, be construed, governed by, and enforced solely and exclusively in accordance with the laws of the State of Florida, USA, without giving effect to its conflict of law provisions or your actual state of residence or domicile. You hereby agree that the courts located in Fort Lauderdale, Florida, USA, will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this Agreement and you hereby irrevocably consent to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto. Any judgments obtained by such courts may be entered and enforced against you in any jurisdiction where you or your assets are located. You hereby waive any right to couple a claim with the claim(s) of others against MCNA. Any legal action concerning this Agreement or the Site must be brought by you within one (1) year after the claim or cause of action arises. If any provision of this Agreement is held to be invalid or unenforceable such provision shall be struck and the remaining provisions shall be enforced. MCNA's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent and/or similar breaches.

Changes. MCNA may change the Site, its appearance, content, services or information, at any time in its discretion. MCNA may change this Agreement from time to time as well. With respect to material changes in the Agreement, MCNA will post a notice on the home page of the Site that the Terms of Use have been changed. With respect to changes that affect only Additional Terms, MCNA will post a notice of such change where the Additional Terms were posted or linked to on the Site. Please check the Site periodically for any such notices. In addition, the effective date of the modified Agreement shall be set forth below at the end of this Agreement or, for changes in the Additional Terms, at the end of the posting regarding those changes. If you do not want to be bound by the modified Agreement or Additional Terms in your use of the Site, you should not continue to access or use the Site or use the services made available to you because you agreed to the Additional Terms. Your continued use of the Site following the posting of changes to the Agreement will constitute your acceptance of the modified Agreement. Your continued use of the services subject to the Additional Terms following the posting of changes to such Additional Terms, will constitute your acceptance of the modified Additional Terms.

Establishing an account with MCNA. To use the MCNA Sites or Services (for example, MCNA Provider Portals), you may be required to create a user account ("Account"). If you create an Account, you agree to provide MCNA with current, complete, accurate, and truthful information, and to update this information should it change. MCNA retains the right to terminate, delete, suspend, or modify your Account with or without notice to you, with or without reason, including but not limited to violating the Terms of Use. We may terminate your account if we are unable to verify your information. If we receive a request by you to disclose, alter, amend, or delete your information, and you provide us with your username and password, you agree that MCNA may take the requested action and that such action will be deemed authorized by you.

To create an Account, you may be asked to choose a password and a user name. You agree that your user name will not:

  1. infringe the legal rights of others, including, but not limited to, by comprising or being substantially similar to a trademark or service mark;
  2. be offensive, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
  3. in any way infringe these Terms of Use;
  4. be otherwise inappropriate, regardless of MCNA's ability to disallow such user names; or
  5. be a name that is associated with another person, including but not limited to a celebrity or other well-known person or a MCNA representative.

You are responsible for maintaining the confidentiality of your password and for any and all activities that occur in association with your Account. You agree to notify MCNA immediately of any unauthorized use of your Account or any other breach of security. You may not use anyone else's Account at any time, and you may not allow anyone else to use your Account at any time. You further agree that you will be liable for losses incurred by MCNA or another party due to someone else using your Account. Your account may not be transferred to, shared with or used by or on behalf of any other person. You agree that MCNA will not be liable for any loss you may incur for someone else using your password or Account, either with or without your knowledge.

MCNA reserves the right to change or discontinue any service or feature provided by MCNA, including, without limitation, the Sites and Services, at any time and without notice. You agree that MCNA shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, change, or discontinuance.

License Grant to Sites. MCNA hereby grants to you a non-exclusive, non-transferable license to use the Sites in order to receive the benefit of our Services. Once that use is terminated, this license shall automatically terminate.

Responsibilities as a user. Your use of MCNA Sites and Services, including the MCNA Provider Portals, is subject to all applicable local, state, and national laws and regulations. You agree not to violate such laws and regulations.

Any violation of the Terms of Use will be regarded as an infringement of MCNA's copyright rights. You may not, under any circumstance, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, buy, auction, rent, lease, loan, or sell any content or other materials on any of our Sites or Services without the express written consent of MCNA.

You assert that you will comply with United States law regarding the transmission of technical data exported from the United States.

You may not, under any circumstance, use the content or any of our services, (i) in a manner that is unlawful, (ii) that could damage, disable, overburden, or impair any MCNA server or the networks connected to MCNA servers, and will comply with all regulations, policies, and procedures of such networks, (iii) that could interfere with any other party's use and enjoyment of the services, (iv) that gains or attempts to gain unauthorized access to any services, unpublished information, other user's accounts, networks or computer systems through hacking, password mining or any other means, (v) that collects information regarding other user's actions, (vi) that reverse engineers, decompiles, disassembles or attempts to reverse engineer, decompile, or disassemble any part of the content or sites. You may not make any derivative computer programs based upon any such underlying software. You may not publicly display any aspect of MCNA Provider Portals. You may not make copies of any aspect of MCNA Sites and Services, including the webpage, your licensed version of MCNA Provider Portals, and any underlying software related to MCNA, for any purpose, including but not limited to, distribution to the public by sale or other transfer of ownership, or by rental, lease or lending.

We may terminate your MCNA account or suspend your access to all or part of MCNA Provider Portals, without notice, if you violate this License or if you engage in any conduct that we, in our sole discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to the interests of MCNA or any third party. If your account is terminated, we may, but are not required to, remove some or all of your content from our servers.

By way of examples and not as limitations, you agree that you may not access the Sites and/or Services to:

  1. Post any information which is incomplete, false, inaccurate or not your own.
  2. Publish, post, upload, transmit, distribute, disseminate or otherwise make available surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  3. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including but not limited to the rights of privacy and publicity.
  4. Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity, hateful or racially, ethnically or otherwise offensive or objectionable.
  5. Publish, post, upload, transmit, distribute, disseminate or otherwise make available any files that contain viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or any other similar software or programs that may damage or interfere with the operation of the MCNA Sites and/or Services, other users' access to the MCNA Sites and/or Services, and/or other users' computers.
  6. Advertise or offer to sell or buy any goods or services for any purpose.
  7. Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material for which copyright management or digital rights management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material has been falsified, deleted, or otherwise disabled.
  8. Restrict or inhibit any other user from using and enjoying the Services.
  9. Violate any applicable laws or regulations, or promote or encourage any illegal activity.
  10. Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material regarding hacking, cracking, exploiting, or otherwise making use of the Site, or the Services in any manner.
  11. Attempt to obtain passwords, other Account information, or any other private information from any other user of the Sites and/or the Services, including, without limitation, the collection of personal information about others, including e-mail addresses.
  12. Make false reports to MCNA administrators.
  13. Publish, post, upload, transmit, distribute, disseminate or otherwise make available any automation software programs or any other unauthorized third-party software program designed to modify the Sites and/or Services.
  14. Use the Services for fraudulent transactions.
  15. Frame or mirror any part of the Sites and/or Services.
  16. Institute an attack upon any server used in connection with the MCNA Sites or any portion thereof or otherwise attempt to disrupt such servers.
  17. Access data not intended for you, or log into a server or Account which you are not authorized to access.
  18. Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  19. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
  20. Attempt to interfere in any way with the networks or network security, or attempt to use the Service of the Site or MCNA to gain unauthorized access to any other computer system.
  21. Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble all or any portion of the Sites, Services or the Content.
  22. Remove, alter, conceal any copyright, trademark, patent or other proprietary rights notices contained in the Sites, Services or the Content.

Confidentiality. You agree (i) to hold all non-public information including without limitation product, pricing and customer and supplier data disclosed by MCNA through our Provider Portal confidential ("Confidential Information"), in strict confidence, (ii) not to disclose such Confidential Information to any third parties, and (iii) not to use any Confidential Information for any purpose except for your internal business purposes. You may disclose the Confidential Information to your responsible employees with a bona fide need to know, but only to the extent necessary to carry out your internal business purposes. You agree to instruct all such employees not to disclose such Confidential Information to third parties, including consultants, without the prior written permission of MCNA. Confidential Information will not include information that: (i) is now, or hereafter becomes, through no act or failure to act by you, generally known or available to the public; (ii) was acquired by you before receiving such information from MCNA and without restriction as to use or disclosure; (iii) is hereafter rightfully furnished to you by a third party without restriction as to use or disclosure; or (iv) is disclosed with the prior written consent of MCNA. You recognize and agree that nothing contained in this License will be construed as granting any rights to you, by license or otherwise, to any Confidential Information except as specified in this License. You acknowledge that all Confidential Information is owned solely by MCNA (or its licensors) and that the unauthorized disclosure or use of such Confidential Information would cause irreparable harm and significant injury, the degree of which may be difficult to ascertain. Accordingly, you agree that MCNA will have the right to obtain an immediate injunction enjoining any breach of this License, as well as the right to pursue any and all other rights and remedies available at law or in equity for such a breach. The obligations of non disclosure, non-use, and confidentiality described in this License will remain in effect for three (3) years from the date of the last disclosure of Confidential Information, at which time such will terminate.

Ownership of Content. MCNA reserves the right to remove any content posted on the sites or through the services that it determines in its sole discretion to be in violation of any law or right of any person, infringes the rights of any person, or is otherwise inappropriate for posting on the sites or through the services.

You acknowledge and agree that all MCNA content is the property of MCNA and/or its licensors and that you have no intellectual property rights or other rights in any content, regardless of whether such MCNA content was provided by MCNA, you, or another user of the services.

If and to the extent you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the MCNA Content, you hereby transfer, grant, convey, assign and relinquish exclusively to MCNA all of your right, title and interest in and to the MCNA Content, without reservation and without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity. To the extent such assignment is ineffective under applicable law, you hereby grant to MCNA, an exclusive, irrevocable, sub-licensable, transferable, worldwide, paid-up license to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice the MCNA Content, all modified and derivative works thereof, all portions and copies thereof in any form, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret, trademark and other intellectual property rights thereto, and/or to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the MCNA Content.

User Submitted Data. You represent and agree that you are the rightful owner or have the necessary rights to any user submitted data that you submit to MCNA sites and/or services. MCNA does not claim ownership of any user submitted data that you submit (although MCNA does own the aggregation of data through the services).

You agree that any User Submitted Data that you provide does not create an obligation for MCNA to provide you any payment or other remuneration.

With respect to User Submitted Data, you hereby grant to MCNA, an non-exclusive, irrevocable, sub-licensable, transferable, worldwide, paid-up license to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice the User Submitted Data as set forth in these Terms of Use, any Site-Specific Terms, and the Privacy Policy.

Questions. Please contact us if you have questions about MCNA, the Site, our Services, or encounter problems with the functionality of this Site.