Consent
to use of the application
This Application is owned and operated by Sistemas
Medicos Nacionales, S.A. de C.V. (“SIMNSA”), and its affiliates. Please read
the following terms and conditions ("Terms of Use") carefully and
completely before using this Application. The Terms of Use set forth a variety
of information, including but not limited to, SIMNSA’s Evidence of Coverage,
Group Service Agreement, privacy policy, limitation of liability and
indemnification. By using this site and the links accessible through this site,
you expressly agree to be bound by these terms and conditions. The information,
materials, and resources contained in and accessible through this site are made available to you by SIMNSA, subject to your
agreement to the terms and conditions listed herein. Please note that use of
some areas of this Application, such as specific sections offering features and
functionality for employer groups, plan administrators, agents or brokers may
be subject to additional terms and conditions.
Any activity on this Application is subject to
monitoring by SIMNSA. By using this Application, you are consenting to such
monitoring and agree that SIMNSA may use the results of such monitoring without
limitation.
If you do not agree with these Terms of Use,
please do not use this Application.
It is a condition of your use of this Application
that you do not restrict or inhibit any other user from using this Application.
Support
To cancel your participation in the use of the
Plan Application or for additional support, please contact SIMNSA at
1-619-407-4082.
General
information
SIMNSA is authorized to
use the SIMNSA name and marks to sell health plans in the state of California.
The product and/or service descriptions, if any, provided on this site are not intended to constitute offers to sell or
solicitations in connection with any product or service. All products may not
be available in all areas of California and are subject to applicable
regulations. Covered services and benefits set out on this Application are provided under the terms and conditions of the
applicable SIMNSA plan contract, including limitations and exclusions. Your health plan may be limited in benefits,
rights, and remedies under U.S. Federal and State Law.
Privacy
statement
All personal information that you, as a application user,
provide on this Application is handled and protected as set forth in SIMNSA’s
Privacy Policy, which is incorporated herein by this reference.
Linking
policy
Written permission is required from SIMNSA to
create a link from an external web site to SIMNSA's home page or any pages
within SIMNSA’s Application. SIMNSA is not
responsible for the content and security of any third-party
websites linked through the Web site or Application
General
prohibitions
With respect to any content you submit to the Application,
you represent, warrant and agree that:
For any content that you submit, you hereby grant
to SIMNSA a perpetual, irrevocable, royalty-free, transferable right and
license to use, copy, display, distribute, modify, and create derivative works
based upon any content you submit, including incorporating the content into any
form, medium or technology throughout the world without compensation to you.
You further voluntarily waive any "moral rights" you may have in such
content.
All content that you submit may
be used at SIMNSA’s sole discretion. SIMNSA reserves the right to
change, condense or delete any content on the site that SIMNSA deems, in its
sole discretion, to violate content guidelines or any other provision of these
Terms of Use. SIMNSA does not guarantee
that you will have any recourse through SIMNSA or third parties to edit or
delete any content you have submitted. SIMNSA reserves the right to remove or
to refuse to post any submission for any reason. You acknowledge that you, not SIMNSA,
are responsible for the contents of your submission. None of the content that
you submit shall be subject to any obligation of confidentiality on the part of
SIMNSA, its agents, subsidiaries, affiliates, partners or third party service
providers and their respective directors, officers and employees. Should you provide your email address in
connection with your submitted content, you agree that SIMNSA and its third
party service providers may use your email address to contact you about the
content and for other administrative purposes.
Service
marks / trademarks / copyrights
SIMNSA is a Registered® mark of Sistemas Medicos
Nacionales, S.A. de C.V. All materials
on this server, application, and this Internet site, including the site's
design, layout, and organization, are owned and copyrighted by SIMNSA or its
suppliers or vendors, and is protected by applicable copyright law.
Limitation
of Liability
The information, recommendations and/or services
provided to you on or through the Application are for general information
purposes only and does not constitute advice. SIMNSA will make reasonable efforts to keep
the Application and its contents correct and up to date but does not guarantee
that (the contents of) the Application is free of errors, defects, malware and
viruses or that the Site is correct, up to date and accurate.
SIMNSA shall not be liable for any damages
resulting from the use of or inability to use the Application, including
damages caused by inappropriate usage of the Application, error in call center
number, network issues, malware, viruses or any incorrect or incomplete information.
In no event shall SIMNSA shall be liable for the
provision of or failure to provide all or any service by medical practitioners
or listed third parties contacted or managed through the Application; any
content posted, transmitted, exchanged or received by or on behalf of any user
or other person on or through the Application; any unauthorized access to or
alteration of your transmissions or data; or any other matter relating to the
Application or the Service.
If applicable law does not permit the exclusion
of certain warranties or the limitation or exclusion of liability, the scope
and duration of such warranty exclusions and the
extent of the liability of SIMNSA shall be the minimum permitted under applicable
law.
Under no circumstances, including but not limited
to negligence, shall SIMNSA, its employees and directors, its suppliers and its
third party advisors be liable to you for any direct, indirect, incidental,
special or consequential damages or any damages whatsoever including punitive
or exemplary (including, but not limited to, damages caused by any virus,
personal injury, loss of profits, data or other intangible, business
interruption, loss of privacy, or any other pecuniary loss), arising out of or
in any way connected with the use/delivery/performance of this Application,
with the delay or inability to use this Application or any links or items on the
Application, the provision of or failure to provide Services, or for any
information, software, products, services and related graphics obtained through
this Application, or otherwise arising out of the use of this Application,
whether based on contract, tort, strict liability or otherwise, or for cost of
procurement of substitute goods and repair & correction services or
resulting from the use of this Application or obtained or messages received or
transactions entered into through or from the Application or resulting from
unauthorized access to or alteration of your transmissions or data, even if we
have been advised of the possibility of such damages.
You agree that SIMNSA shall not be liable for any
damages arising from interruption, suspension or termination of the
Application, including but not limited to direct, indirect, incidental,
special, consequential or exemplary damages, whether such interruption,
suspension or termination was justified or not, negligent or intentional,
inadvertent or advertent. Applicable law may not allow the limitation or
exclusion of liability or incidental or consequential damages. However, in no
event shall SIMNSA’s liability to you for all damages, losses
and causes of action (whether in contract or tort, including but not limited
to, negligence) exceed the amount paid by you, if any, for accessing the
Application.
Governing
Law
SIMNSA is a Mexican entity formed and operating
under the laws of Mexico. By using this Application you agree that any disputes arising from the use,
review, or operation of this Application shall be subject to the jurisdiction
of the Republic of Mexico. Further, any
such disputes shall be resolved exclusively and take place in the Republic of
Mexico.