Terms of use and registration agreement

You must be at least 12 years old to access the website or to use any of our products or services through the site. By using the website, you represent that you are at least 12 years old and are otherwise authorized to access the website.

You will be required to register for an account to participate in certain sharp.com and sharphealthplan.com services. You will be asked to use your email address as a username and create a password, provide information pertinent to your account, and agree that any identifying information you provide will be accurate and complete. You are responsible for changing your password upon entering the system for the first time if an initial password was assigned to you. You are also responsible for safeguarding and maintaining the secrecy of your password at all times. We believe that we have taken all reasonable security steps to encrypt your personal information so that it cannot be read as the information travels over the internet. However, nothing is entirely foolproof, and you accept the risk of conducting financial and private transactions via the internet. You may not copy, disclose, loan, rent, sell, lease, give away, give your password to or otherwise allow access to this website by any other person.

You agree that you will not access or use sharp.com, sharphealthplan.com or any associated content in a manner that violates any applicable law or regulation or the rights of any individual or entity; sell or transfer any information included in our services; or use such information to market any product or service, including, without limitation, through unsolicited email. You agree that you will not probe, scan or seek to exploit any vulnerability in the websites located at sharp.com or sharphealthplan.com or the network supporting them, or bypass, disable or otherwise circumvent any technical measures in place to protect the security, privacy, confidentiality and integrity of those websites and that network and any data contained therein, or take any action that imposes an unreasonable or disproportionately large load on Sharp's infrastructure.

Your Sharp Health Plan account and sharphealthplan.com are online information and communication services that Sharp Health Plan provides to its customers. The information provided should in no way be taken to be the provision or practice of medical, nursing or health care diagnosis, advice or services. Sharp Health Plan has used reliable sources in an effort to provide broad consumer understanding and knowledge of health-related topics. This information should not be considered complete or to be a substitute for a call, visit, consultation or advice from your physician or other health care providers, as necessary.

If you have specific health-related questions, please call your physician or other health care provider. If you have a health problem, or think you may, please consult your own physician. Do not depend on the information presented on this website, as each individual case is different.

Except for information, products or services clearly identified as being supplied by Sharp Health Plan, Sharp Health Plan does not operate, control or endorse in any way information, products or services on the internet.

In accessing this website and the internet generally, you assume all responsibility and risk for use. While Sharp Health Plan takes reasonable measures to protect its website, Sharp Health Plan cannot guarantee that files available for downloading will be free of contaminating or destructive properties. Users are responsible for implementing sufficient procedures to protect themselves and their own computer systems. Sharp Health Plan is not liable for errors in data or transmission or for lost data.

THIS WEBSITE, ITS CONTENT AND ALL SITE-RELATED SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. IN ADDITION, SHARP HEALTH PLAN DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ANY INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. SHARP HEALTH PLAN WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED.

The information provided within Sharp Health Plan’s website does not represent a guarantee of coverage or specific payment. All health plan benefits are subject to the terms, conditions and limitations of the specific policy issued, including, but not limited to, eligibility, prior approval, exclusions and limitations, and medical necessity requirements. For further information on a policy and its limitations, please contact our Customer Care Department at 1-800-359-2002.

The services, products or providers on this website, linked websites, or in listings of network doctors and hospitals may not be covered in your particular benefit package or included in your provider network. You must consult your specific benefits plan or contact Customer Care if you have any questions.

You acknowledge that any text, image or other content you submit in any public forum hosted on or through sharp.com or sharphealthplan.com (e.g., discussion groups, message boards, etc.) is available to the public. You understand that Sharp is under no obligation to display any such content and reserves the right to remove any portion of it at any time and for any or no reason. You agree that you are solely responsible for material you post on or transmit through sharphealthplan.com, and that you will only disclose information about yourself, including identifying information, that you consider suitable for public disclosure.

Links to other websites that are not owned by Sharp Health Plan are provided as a service to you. However, you must understand that these “third-party” sites are neither managed nor controlled by Sharp Health Plan. While Sharp Health Plan makes reasonable efforts to link to other sites that provide relevant information, neither Sharp Health Plan nor its employees, agents or contractors, review, control or take responsibility for the content of these sites.

You agree not to use this service for any purpose that is unlawful or prohibited by this agreement. We reserve the right to deny access to any part of this service at our sole discretion. You are personally responsible for the material that you send.

We rely on the information provided by you in order to supply you with the most appropriate information and services. Therefore, the information you provide to us should be accurate, current and complete. You should promptly provide any updates or corrections necessary to keep such information accurate, current and complete at all times. If you do not provide accurate, current and complete information, the services we provide to you may not be effective.

You may not impersonate another person or entity, and you may not use this website to harass or stalk another user. You agree that you will not use this website to disperse chain letters, junk mail, "spamming" solicitations (commercial or otherwise) or bulk communications of any kind. Also, you agree that you will not use this website in any way that is inconsistent with any applicable law or regulation. If we become aware of any violation of these conditions, we reserve the right to terminate your access to this site without further notice or warning.

You agree not to misuse, abuse, or overuse beyond reasonable amounts, this website. You agree not to attempt to view, disclose, copy, reverse engineer, disassemble, decompile or otherwise examine the source program code behind this website. You may be held legally responsible for any copyright infringement or other unlawful act that is caused or incurred by your failure to abide by the terms of this Agreement.

All trademark, logo or copyrighted material contained within these pages is the sole property of Sharp Health Plan. Any reproduction or redistribution of this material beyond personal use is prohibited without the express written consent of Sharp Health Plan. Any reproduction of illustrations or photographs appearing on these pages beyond personal use is strictly prohibited unless prior written authorization is obtained from Sharp Health Plan.

Sharp Health Plan collects information about you only with your consent. By using this website, you consent to the collection and use of information as discussed below. Changes in this policy will be posted on this page so you will always know what information is being collected, how it is being used, and under what circumstances it is being disclosed.

We collect, use and store the following personal information, exclusive of the contents of Sharp’s medical records:

• Names, email addresses, and telephone numbers for email subscriptions, online surveys, customer feedback and contact forms, and other communications with Sharp HealthCare.
• Personal information (such as, but not limited to, name, telephone number, email address, billing and shipping address, date of birth and date of health care service) when you register for a class, pay a bill, make an online donation, request a prescription refill, purchase a product, take a survey or participate in other online functions.
• We use your credit card information to process payments or donations. We do not store credit card numbers. All credit card transactions are secured and processed using the standard practices of banks and retail stores.
• Demographic information (such as, but not limited to, gender and ethnicity), which is optional unless you are applying for a job.

• You may be asked to provide your birthdate and Social Security number to help us match the account you create to your existing medical record.
• You may be asked to verify your identity by answering questions about your previous residences and credit history, which Sharp or a Sharp vendor checks against publicly available databases. The questions and answers will not be collected, used or stored on sharp.com or sharphealthplan.com.

By using sharp.com and sharphealthplan.com, you consent to the collection and use of information as discussed below. Changes in this policy will be posted on this page so you will always know what information is being collected, how it is being used and under what circumstances it is being disclosed.

Sharp may use third-party software for website maintenance, improvement, and the provision of targeted advertising. These third-party vendors may use technology that tracks your use of this website and shares that information with Sharp Health Plan and the third-party providing the software, in part to assist in showing you Sharp-related information in the future or to measure the effectiveness of advertising. If you wish to opt out of this practice, you may do so at https://youradchoices.com/ or at https://optout.networkadvertising.org/. Sharp does not place cookies on website pages that contain your personal health information.

We collect the following information about our website visitors on an aggregated basis:

• Dates and times of use
• IP address (numbers that identify your internet service provider or network)
• Information about your mobile data network
• Name of the internet browser you used to visit these websites
• Pages visited and files downloaded on sharphealthplan.com
• Referring website (the last website you visited before coming to sharphealthplan.com)
• Search terms
• Type of computer (PC or Mac) you used to visit sharphealthplan.com

You may receive plan information, news alerts, newsletters or surveys from Sharp Health Plan. You may unsubscribe from these communications at any time. You may be asked for your email address and name as part of a newsletter subscription, survey, feedback form or other communication with or within Sharp Health Plan.

Sharp Health Plan does not sell, trade, rent or share personal information about its users, but does use various tracking technologies for website maintenance, services optimization, and sharing with third-party analytics and advertising vendors that may use information specific to your browser or device. The information collected about the domain name of the server from which you are visiting is aggregated and used to determine the number of visitors to our site each day and sources of traffic.

You expressly consent and agree that Sharp HealthCare, its business associates, and other third parties, including debt collectors, may send you periodic electronic communications for any lawful purpose, including routine business and/or marketing purposes, at any email address or phone number you provide. Messages may be sent by text (SMS), email, automatic telephone dialing systems (auto-dialer), prerecorded messages or live operator calls, and message and data rates may apply. You may opt out of receiving further automated, electronic communications at any time, and whether you agree to receive these messages will not affect your care in any way.

YOU AGREE THAT USE OF OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK. SHARP HEALTH PLAN SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF SHARP HEALTH PLAN HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, MISREPRESENTATION, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THIS SITE OR THE INFORMATION, SERVICES, PRODUCTS, CONTENT AND OTHER MATERIALS AVAILABLE FROM OR THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, INOPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY PERSONAL INFORMATION (AS THAT TERM IS DEFINED IN THE PRIVACY POLICY).

YOU SPECIFICALLY ACKNOWLEDGE THAT SHARP HEALTH PLAN SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THIS SITE OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Notwithstanding anything in these terms to the contrary, our aggregate liability in respect of any claim or action you may bring against us or any of Sharp HealthCare, Sharp Health Plan or its affiliated entities, regardless of form of action or theory of liability, shall be limited to the greater of (1) one hundred United States dollars (US $100), and (2) the aggregate fees actually paid by you to us for the six (6) month period preceding the event first giving rise to such claim or action. You acknowledge that you may be waiving rights with respect to claims that are unknown or unsuspected. Accordingly, you agree to waive the benefit of any law, including, to the extent applicable, California Civil code § 1542 (or similar provisions of the laws of other states), which states:

A general release does not extend to claims which the creditor does not know or suspect to exist in their favor at the time of executing the release, which if known by them must have materially affected their settlement with the debtor.

In the case of a jurisdiction that restricts limitation clauses, this limitation shall be applied to the greatest extent permitted by law. Nothing in these terms of use is intended to limit any rights you may have that may not be lawfully terminated.

Upon our request, you agree to defend, indemnify, and hold us (and our affiliates, employees, contractors, officers, directors, co-branders, vendors, and content providers) harmless from any dispute, loss, claim, damages, or expense (including reasonable attorneys' fees and court costs) which may arise from or relate to your breach of any of the terms and conditions of these Terms and conditions of use or which may arise from or relate to any information, software, files, messages or other content placed on our website by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In the event that we assume the exclusive defense and control of such a matter, you shall have no further obligation to provide indemnification to us in that matter.

This Agreement and any disputes arising out of or related to the website shall be governed by, and construed and enforced in accordance with, the laws of the State of California, without regard to its choice of law rules. You agree to submit to the personal jurisdiction of the state and federal courts located in the County of San Diego, California, and agree not to bring any action relating to these terms of use in any other court in any other jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts located in the County of San Diego, California, and agree not to bring any action relating to these terms of use in any other court in any other jurisdiction. Sharp HealthCare and Sharp Health Plan retain the right to commence or enforce any legal or equitable action in any jurisdiction or court as necessary to enforce these terms of use or to protect our or any third party's rights in the services, data, information or other content made available via sharp.com and sharphealthplan.com. You hereby waive any right to a jury trial.

Electronic Signature: "Electronic Signature" is how Plan determines that an individual or entity is entering into this Agreement and/or accessing Commission Statements on behalf of Registrant via an electronic medium. The Electronic Signature is comprised of a User ID or Username and Password.

Broker: "Broker" means an individual or agency that is duly licensed by the State of California to solicit on behalf of Health Care Service Plans and is contracted with Plan to provide such services on Plan’s behalf. Broker, as used herein, encompasses either or both of “Individual Broker” (a Broker acting independently and contracted directly with Plan) and “Broker Agency” (an agency or firm that employs more than one Broker to provide services on Plan’s behalf), as applicable.

Broker Authorized Representative: "Broker Authorized Representative" means a person who is employed by or otherwise selected by the Broker and who has been granted authority by the Broker-designated administrator to register on the Sharp Health Plan account and conduct certain specified transactions on the Sharp Health Plan account on behalf of the Broker in accordance with the access rights granted to the Broker Authorized Representative.

Employer Group: "Employer Group" is that entity listed on the Sharp Health Plan Master Application that is entering into this Agreement on behalf of itself and its agents and employees.

Employer Group Authorized Representative: "Employer Group Authorized Representative" means a person who is employed by, the broker of, or otherwise selected by the Employer Group and who has been granted authority by the Employer Group to register for a Sharp Health Plan account and conduct certain specified transactions on the Sharp Health Plan account on behalf of the Employer Group in accordance with the access rights granted to the Employer Group Authorized Representative.

Provider: As used herein "Provider" means the physicians, hospitals, skilled nursing facilities, home health agencies, pharmacies, medical transportation companies, laboratories, X-ray facilities, durable medical equipment suppliers and other licensed health care entities or professionals that are included in the Plan Network and which or who provide Covered Benefits to Plan beneficiaries or members through an agreement with the Plan.

Plan Provider Authorized Representative: "Plan Provider Authorized Representative" means a person who is employed by or otherwise selected by the Plan Provider and who has been granted authority by the Plan Provider to register for a Sharp Health Plan account and conduct certain specified transactions with a Sharp Health Plan account on behalf of the Plan Provider in accordance with the access rights granted to the Plan Provider Authorized Representative.

Recipient: "Recipient" means the Broker or Employee Group or Provider as defined in herein.

Recipient Authorized Representative: "Recipient Authorized Representative" means a person or entity who is employed by or otherwise selected by the Recipient and who has been granted authority by the Recipient to register for a Sharp Health Plan Account website and conduct certain specified transactions with a Sharp Health Plan account on behalf of the Recipient.

Online Account Management: "Online Account Management" means the interactive Internet process provided by Plan via the Sharp Health Plan website by which Plan will permit the Recipient to view Commission Statements and client information, as described in this Agreement.

Commission Statement: A "Commission Statement" is a statement of all cases the Registrant receives on commissions associated with Plan. A Registrant Authorized Representative who has been named by a Registrant to have “View Commission Statement” access will have access to view all Plan Commission Statements associated with that Registrant.

Sharp Health Plan account: "Sharp Health Plan account" is the online internet portal provided by Sharp Health Plan to provide Online Account Management for or to Registrant.

Access to the Sharp Health Plan account: Plan shall, subject to the terms of this Agreement, make available to the Recipient’s Authorized Representative(s), through the Sharp Health Plan account, services and information related to Online Account Management.

Privacy and Security: Plan agrees to take reasonable security measures, in compliance with applicable state and federal laws, to safeguard the assigned usernames and passwords utilized in the Sharp Health Plan account and to maintain the security and privacy of the information contained therein.

Authorized Transactions: Recipient represents and warrants that it will not engage in any transaction on the Sharp Health Plan account unless it has authority to do so. Recipient assumes all liability for all use of the Sharp Health Plan account or Online Account Management access by anyone logged in as Recipient Authorized Representative, whether authorized or unauthorized.

Privacy and Security: Recipient shall comply with all laws, state and federal, dealing with records and personal, private, and or confidential information accessed via the Sharp Health Plan account. Recipient will maintain the confidentiality of such records and information as required by law. Recipient understands that the Recipient’s designated administrator and any Recipient Authorized Representative(s) are responsible for securing their User ID or Username and Password so that access to the Sharp Health Plan account is not permitted by any person who does not have authorization to engage in a transaction pursuant to this Agreement.

Notifications: Recipient shall immediately notify Plan in the case of a suspected breach of the security of the Recipient Authorized Representative’s Electronic Signature (i.e., User ID or Username and Password). Recipient shall immediately notify Plan when any of the authorities given to a Recipient Authorized Representative under this agreement should be modified or terminated (e.g., termination of a Recipient Authorized Representative’s engagement or employment).

Term: This Agreement shall become effective upon the Recipient’s agreement to the terms and conditions on the Sharp Health Plan account as part of registration. Unless otherwise terminated as provided per the provision entitled “Termination” below, this Agreement shall terminate automatically upon the termination of the Agreement between Plan and the Recipient.

Termination: Plan may terminate this Agreement without cause at any time by providing Recipient with prior written notice.

Indemnification: Recipient shall indemnify, defend and hold Plan, its officers, directors, employees and agents (“Plan Indemnitees”) harmless against any claim of loss or damages including, without limitation all costs and attorney’s fees arising from any act or omission of Recipient, its employees or agents, including but not limited to, unauthorized disclosure of User IDs, Usernames, Passwords, and other security access codes, its failure to prevent access or use of the system by any third party or unauthorized employee and from any unauthorized transactions. Recipient shall further indemnify Plan Indemnitees against any and all damages, costs and reasonable attorney’s fees which may result from Recipient’s disclosure of Sharp Health Plan’s proprietary and confidential information in violation of this Agreement.

Incorporation by Reference: In addition to the Recipient’s in-force Agreement with Plan, Plan website’s Terms and conditions of use agreement and the Plan’s Website privacy policy are herein incorporated by reference into the terms of this Agreement. Recipient agrees to be bound to the provisions of the aforementioned terms and policy, in addition to this Agreement, as a condition of use of the Sharp Health Plan account. Use of the Sharp Health Plan account constitutes Recipient’s agreement to be bound to all provisions.

Choice of Law: This Agreement shall be governed by and interpreted in accordance with the laws of the state of California without regard to its choice of law provisions.

This Agreement expressly incorporates Sharp Health Plan’s most-current Terms and conditions of use and Website privacy policy, with respect to any access granted, services provided, or other activity undertaken pursuant to the Agreement. In cases of conflict, the terms of the Agreement control over the Terms and conditions of use and over the Website privacy policy to the maximum extent permitted by law.