This website, located at uniform resource locator www.pa.performcare.org, together with its corporate website and the websites of its affiliated health plans and entities (collectively, the "Site"), is provided by PerformCare (“PERFORMCARE,” "we," "our," or "us") to the person accessing the Site ("you" or "your").
1. You Agree to These Terms by Using the Site
2. Permitted Use of the Site
The information and materials on the Site are provided for general informational purposes. You may use the site solely for the purpose of learning about and/or managing PerformCare services or products. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on the Site for any other purpose.
3. User Submitted Content
The Site may, from time to time offer interactive features that allow users to submit content to the Site. PerformCare does not and cannot review all such content, and is not responsible for such content.
You acknowledge that by providing the ability to view and distribute your user-generated content on the Site, PerformCare is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. However, PerformCare reserves the right to block or remove communications or materials that it determines to be unacceptable to PerformCare in its sole discretion.
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an PerformCare employee, host, or representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
4. Notice; Electronic Communications
When you visit the site or send e-mails to PerformCare, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
6. Typographical Errors
In the event that a service or product is mistakenly listed at an incorrect price or with incorrect specifications, PerformCare reserves the right to refuse or cancel any orders placed for product or service listed incorrectly, whether or not the order has been confirmed and whether or not you have been charged for such product or service. If your credit card has already been charged for the purchase and your order is cancelled, PerformCare shall issue you a credit (to your credit card account or otherwise) in the amount of the incorrect price.
7. Disclaimer – Warranty
THE SITE, ITS CONTENT, MATERIALS, SERVICES AND PRODUCTS ON THE SITE ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PERFORMCARE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PerformCare does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. PerformCare does not make any warranties or representations regarding the use of the materials in the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
9. Limitations of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER PERFORMCARE, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
10. Third-Party Links
In an attempt to provide increased value to our visitors, PerformCare may link to sites operated by third parties. However, even if the third party is affiliated with PerformCare, PerformCare has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of PerformCare. These linked sites are only for your convenience and therefore you access them at your own risk.
Without limiting the foregoing, PerformCare specifically disclaims any responsibility if such sites: infringe any third party's intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.
PerformCare does not endorse the content, or any products or services available, on such sites. Nonetheless, PerformCare seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
11. Trademarks and Service Marks
Trademarks and/or service marks of PerformCare and/ or its affiliates will be designated with either the federally registered trademark designation symbol of ®, with SM (indicating a service mark) or with TM (indicating a trademark). All such trademarks and service marks as are the property of PerformCare and/or its affiliates. These trademarks and service marks may not be used without PerformCare ’s written consent on any product or with any service, except our own.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of PerformCare or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of PerformCare and protected by United States and international copyright laws.
All software used on the Site is the property of PerformCare or its software suppliers and protected by United States and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the site.
13. Copyright Complaints
PerformCare respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us by mail at 8040 Carlson Road Harrisburg, PA 17112; by telephone at 1-888-722-8646; or via e-mail at firstname.lastname@example.org.
14. Export Control
Software and other materials downloaded or otherwise made available from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories.
No software from the Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders.
PerformCare does not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Control Laws.
15. Law and Jurisdiction
17. Questions and Feedback