Terms & Conditions

Welcome to ASHLink.com. ASHLink.com and ASHLink® are owned and operated by American Specialty Health Incorporated on behalf of itself and its subsidiaries (hereinafter collectively referred to as “ASH” or “We”) American Specialty Health Incorporated is a privately held corporation. American Specialty Health is a Delaware corporation with a major corporate office located at 10221 Wateridge Circle San Diego CA 92121. All ASHLink web site operations are conducted and maintained by staff affiliated with ASH. Use of this site is governed by the User Agreement detailed below.

USE OF THIS WEB SITE IS STRICTLY SUBJECT TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT.

THE WEB SITES OF ASH ARE NOT INTENDED TO PROVIDE INSTRUCTIONS IN THE EVENT OF AN EMERGENCY. IF YOU BELIEVE YOUR SYMPTOMS OR SITUATION IS LIFE-THREATENING CALL 911 OR YOUR EMERGENCY MEDICAL SYSTEM IMMEDIATELY.

Agreement

READ CAREFULLY. BY USING THIS WEB SITE YOU HEREBY AGREE TO BE BOUND BY THIS AGREEMENT AND THE PRIVACY STATEMENT. USE OF THIS WEB SITE IS STRICTLY SUBJECT TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. This agreement explains the terms and conditions governing usage of this Web site and it is your responsibility to read and understand them. By using this Web site you agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions do not use this Web site. Authorized access to non-publicly available ASHLink functions by health plan clients contracted providers or contracted fitness centers is also governed by the provisions of their contracts with the applicable ASH affiliate. Any use of ASHLink by such authorized persons that ASH determines in its sole discretion does not comply with the terms of this Agreement or the terms of the respective contract with the applicable ASH affiliate will subject the ASHLink log-in access of that user and related contracted person or entity to immediate suspension or termination. For certain ASH products ASHLink may be used to access ASH’s Virtual Platforms. When accessing the Virtual Platform through ASHLink the Virtual Platform Terms and Conditions apply.

AUTHORIZED LOG-IN ACCESS

The ASHLink website provides online resources for authorized users to verify eligibility access online materials and submit electronic transactions related to insurance benefit administration directly to ASH. ASHLink does not offer medical advice. Such access is available only by log-in by authorized registered users. Such users must be a designated representative of an actively contracted health plan provider or fitness center in good standing with ASH. Such access will be provided to eligible contracted health plans providers and fitness centers upon completion of the registration process. The contracted health plan provider or fitness center is solely responsible for the distribution and management of passwords and access rights needed by others to access ASHLink to conduct business on their behalf.

Certain authorized registered users have the ability to create sub-accounts and/or power/master accounts. When a user creates a sub-account or requests a power/master account the user is acting as a “covered entity” under HIPAA and it is the main user’s obligation to ensure all of its sub-account users and power/master account users who access this Web site remain in compliance with all federal and state laws involving the access to information on the Web site as well as the Terms and Conditions of use including the Privacy Statement for the Web site. It is the main user’s responsibility to supervise and monitor the power/master account or any sub-accounts to ensure usage is appropriate. All actions taken by a sub-account user or power/master account user in the main user’s account are deemed to be taken on the main user’s behalf and ASH is not liable for any use of sub-accounts or power/master accounts by any person.

Logging-in to or accessing ASHLink using credentials issued to another user is expressly prohibited. Authorized users are prohibited from disclosing or sharing their password or other credentials to access the site. ASH reserves the right to revoke this authorized access to ASHLink at any time. By using this site in this manner you agree that ASH may monitor your use of this web site and may use results of such monitoring without limitation.

Authorized users have access to the ASHLink Message Center. The Message Center provides a mechanism for secure electronic messaging between Authorized Users and ASH. Response times vary depending on the type of inquiry but all inquiries will be responded to within 10 business days.

ASH reserves the right to monitor usage of ASHLink by authorized users noted above and to use passive tracking mechanisms including the use of cookies and the logging of activities performed online. This information is used to monitor site usage by such authorized users identify areas requiring improvement and collect data about transaction volumes. By requesting authorized access to ASHLink you are consenting to allow monitoring for your activities when you access those restricted areas of the site.

General Information Disclaimer.

ASH does not make any warranty express or implied or assume any legal liability or responsibility for the completeness or usefulness or the accuracy or quality of any information presented on this ASH Web site. While reasonable efforts have been made to ensure the accuracy of the information provided the information is subject to change without notice and cannot be guaranteed to be current.

Medical Information Disclaimer.

The information on this ASH Web site is of a general nature and is intended for educational purposes only. The information available on this ASH Web site should not be used as a substitute for professional medical care for the prevention diagnosis or treatment of health problems. Only your personal physician or pharmacist can provide you with advice on what is safe and effective for you. The information on this ASH Web site should not be used as a substitute for the diagnosis and advice of your health care professional. Nothing on this Web site is to be interpreted as advocating the self-management of your health and medical condition(s) or those of your family.

Disclosures and Limitation of Liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS ASH WEB SITE AND THE INFORMATION PROVIDED HEREIN IS ENTIRELY AT YOUR OWN RISK. ASH AND ITS AFFILIATES AND LICENSORS WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT CONSEQUENTIAL SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THIS ASH WEB SITE YOUR USE OF THIS WEB SITE OR ANY INFORMATION DATA OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THIS WEB SITE REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION EVEN IF ASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY LAW YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ASH ITS AFFILIATES AND LICENSORS FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THIS ASH WEB SITE.

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.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY AND ALL INFORMATION CONTAINED ON THIS WEB SITE IS PROVIDED “AS IS ” AND ASH AND ITS AFFILIATES AND LICENSORS MAKE NO WARRANTIES EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW ASH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THIS SITE AND SUCH INFORMATION SERVICES PRODUCTS CONTENT AND OTHER MATERIALS INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE TITLE NON-INFRINGEMENT FREEDOM FROM COMPUTER VIRUS AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION ASH 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. PRICE AND AVAILABILITY INFORMATION FOR ANY PRODUCT OR SERVICE PROVIDED THROUGH THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.

Limitation of Liability for User’s Employer.

If you are using the public portions of this Web site in relation to employee health care benefit provided to you by your employer your right to use the Web site is subject to your acknowledgment and agreement that your employer is not a party to the relationship between ASH and you and that your employer has no control over ASH the contents of this Web site and any information products or services provided to you. Therefore as part of this Agreement you agree that your employer shall not be subject to any claims whether in contract tort or otherwise based on your use of this Web site and your employer shall not be liable for any direct indirect consequential special exemplary or other damages that may result from the use of the Web site including but not limited to any such damages with respect to any economic loss injury illness or death. This does not apply to access by employees or representatives of contracted providers or fitness centers that access non-public portions of the Web site as authorized users under the contracted provider’s or fitness center’s account.

Advertisers.

Your correspondence or business dealings with or participation in promotions of advertisers or providers of products or services found on or through this or any other ASH Web site including payment and delivery of related goods or services and any other terms conditions warranties or representations associated with such dealings are solely between you and such advertiser or provider. You agree that ASH shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or providers on this ASH Web site.

Links.

We May provide links to third-party Web sites that may be of interest to you. Such links are strictly for informational purposes. Third-party Web sites are not under the control of ASH and ASH is not responsible for the content of any linked Web site or any link contained in a linked Web site or any changes or updates to such Web sites. ASH provides these links to you only as a convenience and the inclusion of any link does not imply a financial or business relationship or endorsement by ASH of the Web site or its products or services. ASH is not responsible for any activities that you may engage in on any linked Web site including without limitation purchase of products or services. When you link to a third party Web site you will be notified you are leaving this Web site or the link will be clearly marked as a partner Web site. Once you link to a third-party Web site you will be subject to the Terms of Use Privacy Statement and/or Editorial Policy of that Web site. Your linking to such Web sites is at your own risk and ASH is not responsible or liable directly or indirectly for any damages or loss caused or alleged to be caused by or in connection with your use of or reliance on any content goods or services available on or through any such Web site. In addition you may not provide links to the Web site without the prior written permission of ASH.

Not Intended for Minors.

This ASH Web site is not designed or intended for use by minors. Minors under the age of 18 years old are not permitted to use this Web site without permission and oversight of a parent or guardian.

Privacy Policy.

ASH has an organizational commitment to protecting the privacy and security of all information collected through this Web site. To learn more about how ASH protects this information please refer to the Privacy Statement. Provider and Fitness Center access to ASHLink functions in relation to their agreements with ASH are also governed by the provisions of their contracts with the applicable ASH affiliate and are subject to federal and state privacy laws.

User Submissions.

Except as expressly provided in this User Agreement or the Privacy Statement any other communication(s) or material(s) transmitted to this Web site by electronic mail or other medium including any questions comments or suggestions is and will be treated as non-confidential and non-proprietary information and may be used by ASH ASH’s vendors or its affiliates or related entities for any purpose including but not limited to reproductions disclosure transmission publication broadcast and postings. Furthermore ASH ASH’s vendors and its affiliates and related entities are free to use any information ideas concepts inventions or techniques contained in any communication sent to this Web site for any purpose whatsoever including but not limited to developing manufacturing and marketing products or services. If you wish to keep any information ideas concepts inventions or techniques private or proprietary do not submit them to this Web site.

Proprietary Information.

All content of the ASHLink web site is copyrighted. As such this Web site contains proprietary information including but not limited to logos service marks trademarks software photos videos text graphics comments feedback ideas templates instructions notes drawings articles and other materials and the selection assembly and arrangement of information on this Web site (collectively “Content”). Unless otherwise noted all Content is protected by copyrights trademarks service marks and other proprietary rights that are owned by ASH ASH affiliates or by third parties that have licensed their use to ASH. You may download material displayed on this Web site for non-commercial personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not however reproduce copy distribute modify transmit repost display publish sell license create derivative works assign or transfer any Content or information on this Web site for public or commercial purposes without ASH's prior written permission. Nothing on this Web site shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of ASH its affiliates or any third party whether by estoppel implication or otherwise.

Any logos and trademarks appearing throughout the ASH Web site belong to ASH its affiliates or third party trademark owners and are protected by U.S. and international trademark laws. You shall not display disparage dilute or taint our marks or use any confusingly similar marks or use our marks in such a way that would misrepresent who the proper owner of such marks is. Any permitted use of our marks by you shall inure to our benefit. The contents of this Web site are copyrighted: Copyright © 2000-2014 American Specialty Health Incorporated or its licensors. All rights reserved.

Indemnification.

You agree to defend indemnify and hold ASH and its affiliates and licensors harmless from and against any and all claims liabilities costs and expenses including reasonable attorneys' fees related to your violation of this agreement or any activity by you on this Web site.

System Integrity

You may not use any device software or routine to interfere or attempt to interfere with the proper working of the Web site or any transaction conducted on the Web site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Assignment.

ASH may assign this User Agreement or any of its rights or obligations under this User Agreement to any third party without your prior consent. This User Agreement will inure to the benefit of ASH’s successors assigns and licensees.

Notices.

All notices required or permitted by this User Agreement shall be in writing and may be delivered in person or may be sent by registered or certified mail to the following address:

American Specialty Health
10221 Wateridge Circle
San Diego CA 92121

Governing Law.

This user agreement shall be construed governed by and enforced solely and exclusively in accordance with the laws of the State of California without giving effect to its conflict of law provisions of your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of this user agreement to be unenforceable the remainder of the agreement will continue in full force and effect. You hereby agree that the courts located in the State of California 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 consent to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto.

Waiver.

Any waiver of any provision of the User Agreement will be effective only if in writing and signed by ASH. The failure of ASH to insist upon or enforce the strict performance of the terms of this User Agreement or to exercise any right under this User Agreement will not be considered as a waiver of the right to assert or rely upon any such provision or right in that or any other instance.

Modifications.

At any time and without prior notice ASH retains the right to modify the:

• Agreement. Modifications are made periodically and as necessitated in order to comply with all applicable laws and regulations.
• Specific Terms. Modifications are made periodically and as necessitated in order to comply with all applicable laws and regulations.
• Web Site. This Web site or any part thereof may be discontinued modified or altered without prior notice and without incurring any liability. ASH reserves the right to change or discontinue any content products and services made available through the Web site at any time and without any notice to you.

All modifications made to the Agreement Specific Terms or the Web site are effective immediately. Notice of modifications may be provided by any means including but not limited to the posting of a revised Agreement on the Web site. You are responsible for regularly reviewing this User Agreement and any Specific Terms for any changes that may affect your rights or obligations. Any use of the Web site and services after the effective date of any modifications constitutes an agreement to the modifications. Each time you access the Web site you will be deemed to have accepted any modifications. All modifications are made exclusively by ASH and are not valid unless expressly agreed to by ASH.

Changes to the Privacy Policy.

Significant changes that affect the use of your personal information will not be made until you are given notice of those changes. If we make changes to our privacy policy as described in the Privacy Statement we will post the revised Privacy Statement on the Web site. Any use of the Web site and services after the effective date of any changes to the Privacy Statement constitutes an agreement to the changes. Each time you access the Web site you will be deemed to have accepted any changes.

Severability.

If for any reason a court of competent jurisdiction finds any provision or portion of this User Agreement to be unenforceable the remainder of the Agreement will continue in full force and effect.

Use Web Site At Own Risk.

THE SERVICES PRODUCTS AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE ARE DONE AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCTS OR CONTENT. ASH IS NOT RESPONSIBLE FOR ANY TERMINATION OF YOUR CONNECTION TO THIS WEB SITE EVEN IF SUCH TERMINATION OF CONNECTION AFFECTS ANY PURCHASE OR OTHER ACTIVITY ON THIS WEB SITE