Terms & Conditions of Website Use

The following terms and conditions govern your use of the information and content available at this website.  By clicking the “I Agree” button below, you indicate your acceptance of all of the terms and conditions set forth below (collectively, “Terms”).

Acceptance.

1. These Terms constitute your agreement with Preferred Medical Plan, Inc. and its subsidiaries (collectively, “PMP”) with respect to your use of this website (the “Website”).  PMP reserves the right to change, modify, add or remove any portion of these Terms, in whole or in part, at any time in PMP’s sole and absolute discretion.  Changes to these Terms will be posted at this Website, and will be reflected by a change to the version number located at the bottom of this document.  The initial version number of this document is v.1.0.  It is important for you to refer to this document from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these Terms.  Your continued use of the Website after any changes are made, shall be deemed your acceptance and knowledge of the changes.

Information Content. 

1. You understand and agree that the information provided to you through the Website (collectively, “Information”): 
2.   Is presented in a general format and intended to provide you with a broad overview of PMP’s products and services;
3. May be subject to change without prior notice to you, and such changes could affect the types of products and services for which you may qualify;
4. May be compiled from multiple third-party sources, and may contain inaccuracies or errors that may affect the types of products and services for which you may qualify; and,
5. Does not replace, amend or otherwise modify the terms of any product, service or plan for which you may be enrolled. 
6. The Information is not intended to be a substitute for professional medical care, and should not be used to change, replace or supplant the advice of a trained health care professional.  If you have specific health issues or needs, you are advised to consult with your doctor before joining any plan or service offered by PMP. 

Cookies.

1. PMP may use ‘cookie’ technology to obtain website usage information. Information from ‘cookies’ does not identify a specific user and does not contain personal information. You can disable your ‘cookie’ preference at anytime by adjusting your browser options. Information that may be gathered from ‘cookies’ are intended only to enhance the user’s experience with our website.           

Intellectual Property. 

1. All Information and content displayed at or through the Website, including all graphics, logos, text and information (collectively, “Content”) are owned or licensed by PMP, and are protected by the intellectual property laws of the United States.  The names “PMP Medical”, “PMPHMO” and all derivations of those names are PMP’s intellectual property, and shall not be used by you without PMP’s express written permission.  The Content is provided to you for informational purposes only, and you shall use the Content solely for personal and noncommercial purposes.  You agree to abide by any and all copyright notices, information, or restrictions contained in any part of the Website.  

Representations and Warranties. 

1. You represent and warrant that:
2. You are at least eighteen years old;
3. Any information you provide to PMP will be accurate, truthful and not misleading; and,
4. You have not been accused or convicted of any crime in any jurisdiction involving the filing of false medical claims or medical payment forms. 

PMP reserves the right to reject any application or inquiry from any person or applicant who, in PMP’s determination, fails to comply with these Terms.

Third Party Providers - Brokers. 

1. The Website contains links to certain third party healthcare providers and insurance brokers (collectively, “Third Party Providers”).  Links to Third Party Providers are provided for your information and convenience only, and do not constitute an endorsement by PMP of the products or services provided by any of the Third Party Providers.  If you click on any Third Party Provider link, you will be re-directed away from this Website and to another website that is not owned or operated by PMP, and which may have terms of service and/or privacy policies that are different than those found at this Website.  You are advised to avoid providing any information to any Third Party Provider unless you have read and understood the terms of use and the privacy policy of the Third Party Provider’s website. 
2. You understand and agree that PMP is not responsible for, and you will hold PMP harmless against, any and all issues, claims, costs, expenses, damages or losses that you incur as a result of your use of any Third Party Provider’s website, products or services. 

Links From Other Sites. 

1. Any other party that links to the Website:
2. Shall not create a browser or border environment around any of the content of the Website;
3. May link to the Website’s homepage (i.e., www.pmphmo.com), but shall not “deep link” past the homepage or replicate the Website’s content;
4. Shall not imply that the Website or PMP endorses or sponsors its products or services;
5. Shall not present false information about PMP or its products or services;
6. Shall not use Content without PMP’s prior written permission; and,
7. Shall not contain content that could be construed as distasteful, offensive or controversial.

 

WARRANTY; LIMITATIONS. 

1. The Website, including all Content and Third Party Provider information, is provided on an “as is” basis.  To the fullest extent permissible by law, PMP makes no representation or warranties of any kind about the Content or Third Party Provider information or activities, or any breach of security associated with the transmission of information through the Website or any linked site. 
2. PMP hereby disclaims any express or implied warranties related to the Website, and does not warrant that (i) the Website will be error-free, (ii) Website errors will be corrected, or (iii) that the Website or server that makes it available is free of viruses or other harmful components. 

PMP does not warrant or guarantee that you will be accepted into any program or service offered by PMP; acceptance decisions are made in PMP’s sole and exclusive discretion. 

1. Under no circumstances shall PMP be liable for any special, incidental, indirect or consequential damages that are directly or indirectly related to the use of, or the inability to use, the Website even if PMP has been advised of the possibility of such damages.  Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 

Indemnity.

1. You agree to indemnify PMP, its officers, employees, owners, representatives, agents, subsidiaries, affiliates, officers, partners, suppliers, and licensors (hereinafter individually and collectively referred to as "Indemnitees") and  PMP agrees to control any litigation, negotiations, discussions, settlements, or associated dealings, for any claims, demands, penalties, fines, liabilities, attorneys' fees, court costs, legal expenses and causes of action of any nature, whether civil or criminal, for losses and/or damages of any kind which may be brought against PMP and/or Indemnitees, in any way, directly or indirectly, incident to, arising out of, in connection with or resulting from your use of the Website.

Florida Law and Jurisdiction. 

1. Notwithstanding any provision to the contrary, this document and the interpretation of its terms shall be governed and construed in accordance with the laws of the State of Florida, without regard to its conflicts of laws rules.  The parties consent to the sole and exclusive jurisdiction and venue of the Florida state courts in Miami-Dade County, Florida, for all state court matters, and the Southern District of Florida for all federal court matters arising from or related to the Website or your use of the Website.

Notices; Electronic Notification.

1. When you sign up for any service or purchase any product offered by or through the Website, you consent to receive any privacy or other notices, agreements, disclosures, reports, documents, communications, or other records (collectively, “Notices”), whether or not the Notices are related to the service you signed up for or product you purchased, from PMP electronically. You consent to receive Notices electronically in either or both of the following ways:
2. We may post the Notice on our website (www.pmphmo.com); or,
3. We may transmit the Notice to you by email.
4. All Notices provided to you electronically will be deemed to be "in writing."  You acknowledge and agree that your consent to receive Notices electronically is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that the Act shall apply to the fullest extent possible to validate PMP’s ability to conduct business with you by electronic means.

Accessibility.

If you require the use of assistive technology, such as a Braille reader or TTY, please contact PMP in the following manner: 1) TTY/TDD 800-955-8771, 2) by telephone at 305-447-8373, or 3) in person or mail at 4950 S.W. 8th Street, Coral Gables, FL 33134.  Someone will gladly assist you with alternative modes of communication.

Miscellaneous. 

• The Terms comprise the sole and entire agreement between the parties with respect to your use of the Website.  Captions contained in this Agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of these Terms or the intent of any provision of this document.  If any provision of these Terms is held to be invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision contained in this document.

Contact for Privacy Issues.

• If you have any questions about this policy or think your privacy rights have been violated please contact:
• Preferred Medical Plan, Inc.
• Debbie Bishamber, Privacy Officer
• 4950 SW 8th Street
• Coral Gables, FL 33134
• Version v.1.0