I. Legal Disclaimer
"GENEX" refers to GENEX Services, Inc., "doing business as" (d/b/a) GENEX.
The product descriptions provided on the GENEX web sites are not intended to constitute offers to sell or solicit in connection with any product or service. Some products may not be available in all states.
The product descriptions, if any, provided on this web site are not intended to constitute offers to sell or solicitations in connection with any products or services. The information provided on this web site is not intended to replace professional, medical, or legal advice, nor is it a determination that coverage exists under any health benefit plan in which you are currently enrolled. Some products may not be available in all jurisdictions.
The information, content, tools, material and software available on or through this web site (together, “Information) is the property of GENEX, its licensors or other third parties and is protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Information from the different areas of the web site solely for your internal use in the use of our services, including with respect to administration of claims and/or case management. Otherwise, this Information may not be distributed, downloaded, modified, reused, reposted or otherwise used without the express written permission of GENEX.
Without the express written consent of GENEX, you may not and may not permit others to (a) disassemble, decompile, download or otherwise derive source code from any Information, (b) reverse engineer any Information, (c) modify or prepare derivative works of any Information, (d) copy the Information, (e) rent, lease, resell, or re-license the Information to other users, or (f) integrate the Information in an online system.
THIS INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FURTHER, YOUR USE OF THIS WEB SITE AND ITS CONTENT IS DONE ENTIRELY AT YOUR OWN RISK. GENEX WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DAMAGES BASED ON YOUR USE OF THIS WEB SITE OR ITS CONTENT AND YOU HEREBY RELEASE GENEX AND WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST GENEX FROM LOSSES INCURRED AS A RESULT OF YOUR USE OF THIS WEB SITE AND ITS CONTENT. GENEX SHALL NOT BE RESPONSIBLE FOR INFORMATION PROVIDED HEREIN UNDER ANY THEORY OF LIABILITY OR INDEMNITY.
You agree by accessing any Information on or through this web site that under no circumstances or any theories of liability under international or civil, common or statutory law including but not limited to strict liability, negligence or other tort theories or contract, patent or copyright laws, will GENEX be liable for damages of any kind occurring from the use of such Information and this web site or any Information obtained or used on or through this web site including direct, indirect, consequential, incidental, or punitive damages (even if GENEX has been advised of the possibility of such damages), to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of certain damages so some of these limitations may not apply to you.
You agree to defend, indemnify and hold GENEX harmless for any and all judgments, settlements, and costs, including attorneys' fees that GENEX incurs or pays in connection therewith, based on your violation of these Terms and Conditions or any other activity by you on our web site including the use of any of our Information.
Although GENEX has made every effort to ensure that the contents of this web site are correct and complete, it cannot be responsible for the accuracy of the Information anywhere on our web site.
While visiting our web site, you may leave the GENEX web site and access certain non-GENEX web sites through the use of hyperlinks. GENEX does not endorse the content and accuracy of these web sites, and therefore disclaims responsibility for their content and accuracy.
II. General Terms and Conditions
The Information provided on or through our web site is for general information purposes only and is not intended to constitute or replace professional, medical, or legal advice.
The Information available on or through this web site is the property of GENEX, its licensors or other third parties and is protected by copyright and other intellectual property laws. This Information may not be distributed, downloaded, modified, reused, reposted or otherwise used without the express written permission of GENEX or the owner of such information. GENEX assumes no responsibility for any circumstances arising out of the use, misuse, interpretation or application of any Information supplied on or through this web site. Always consult with your doctor for appropriate examinations, treatment, testing, and care recommendations. Do not rely on Information obtained on or through web site as a tool for self-diagnosis.
GENEX cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. GENEX cannot and does not guarantee or warrant that files available for downloading from this on-line site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. GENEX does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title, noninfringement or fitness for a particular purpose) with respect to the Information available for downloading from this web site. In no event will GENEX be liable to you or to anyone else for any decision made or action taken by you or anyone else in reliance on results obtained from use of Information downloaded from this web site. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any reason except in connection with our provision of services to you is expressly prohibited, unless prior written consent is obtained from GENEX.
You understand further that the internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access of such materials is at your own risk. GENEX has no control over and accepts no responsibility whatsoever for such materials.
This web site and the Information is an online information and communications service provided by GENEX or its affiliates, subject to your compliance with these terms and conditions, including all exhibits hereto and the other information which is available in the registration process for any service available on or through this web site which is incorporated by reference in these Terms and Conditions.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THIS WEB SITE AND ANY OF ITS INFORMATION. BY ACCESSING OR USING THIS WEB SITE AND ANY OF ITS INFORMATION, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN INCLUDING THE DISCLAIMER SET FORTH ABOVE. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS WEB SITE OR ANY OF ITS INFORMATION. GENEX MAY MODIFY THESE TERMS AND CONDITIONS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED TERMS AND CONDITIONS OR NOTIFYING YOU. YOU AGREE TO REVIEW THESE TERMS AND CONDITIONS PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THIS WEB SITE AND ITS INFORMATION SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. License. Subject to these Terms and Conditions, GENEX grants to you, a non-transferable and non-exclusive license to use this web site and its Information (together, the “Service”), which are owned by GENEX, its affiliates and/or its licensors.
2. Equipment. You must provide, at your own cost, all computer, telephone and other equipment and services (including where necessary, telephone service and internet access service) necessary to access the Service.
3. Operating Policies. You agree to comply with the Operating Policies set forth in Section III below which are the rules that govern user activity in connection with the Service as they may be amended by GENEX from time to time. GENEX may remove any communications and materials that GENEX believes in its sole discretion to violate these Terms and Conditions, however GENEX does not guarantee that it will remove any or all of such material. Violations of these Terms and Conditions may also result in termination or suspension of the Service.
4. Copyright, Licenses and Idea Submissions. The entire contents of the Service and the Information are copyrighted. The Service includes works which are the property of GENEX and of its affiliates and licensors which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Service solely for your internal use in the administration of claims and/or case management. Any other redistribution, retransmission or publication of any material is strictly prohibited without the express written consent of GENEX and/or the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Service.
You agree to grant to GENEX a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the Service (such as bulletin boards, forums and chat rooms) by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against GENEX, its affiliates or licensors for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
5. Review. GENEX DOES NOT AND CANNOT REVIEW ALL COMMUNICATIONS AND MATERIALS POSTED OR UPLOADED TO THE SERVICE AND IS NOT RESPONSIBLE FOR THE CONTENT OF THESE COMMUNICATIONS AND MATERIALS. HOWEVER, GENEX RESERVES THE RIGHT TO BLOCK OR REMOVE COMMUNICATIONS OR MATERIALS THAT IT DETERMINES TO BE (A) ABUSIVE, DEFAMATORY, OR OBSCENE, (B) FRAUDULENT, DECEPTIVE, OR MISLEADING, (C) IN VIOLATION OF A COPYRIGHT, TRADEMARK OR; OTHER INTELLECTUAL PROPERTY RIGHT OF ANOTHER OR (D) OFFENSIVE OR OTHERWISE UNACCEPTABLE TO GENEX AT ITS SOLE DISCRETION. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY PART OF THE SERVICE SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
6. Indemnification. You agree to indemnify, defend and hold harmless GENEX, its affiliates and licensors and their respective officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your Service account.
7. Third Party Rights. The provisions of paragraphs 5 (Review) and 6 (Indemnification) above are for the benefit of GENEX, its affiliates and licensors and their officers, directors, employees, agents, licensors, suppliers, and licensors. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
8. Term; Termination. These Terms and Conditions shall commence upon your accessing the Service and/or completing the registration process. These Terms and Conditions may be terminated by GENEX without notice at any time for any reason and may be terminated by you upon notice to GENEX at any time for any reason. The provisions of paragraphs 4 (Copyright, License, and Idea Submission), 5 (Review), 6 (Indemnification), 7 (Third Party Rights), and 9 (Miscellaneous) shall survive any termination of these Terms and Conditions.
9. Notice. GENEX may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the Service, or by written communication delivered by first class U.S. mail to your address on record in GENEX’s account information. You may give notice to GENEX at any time via electronic mail to GENEX to firstname.lastname@example.org or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
GENEX Services, Inc.
440 East Swedesford Road
Wayne, PA 19087
III. Operating Policies
These Operating Policies (as well of the rest of these Terms and Conditions) govern your conduct on and use of the Service. Your failure to comply with these policies may result in suspension or termination of your access to the Service and, depending on the circumstances, legal action against you.
1. You must be an individual at least 18 years of age to register and you must register on the Service under your own name. Please inform GENEX promptly if there is a change in the information you provided to GENEX at the time of registration.
2. If/when you initially register for the Service, you will be asked to select a Users ID and Password. GENEX reserves the right to reject or change any Users ID you select for any reason in its sole discretion.
3. Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by GENEX. GENEX cannot and does not screen content provided by you to the Service. Notwithstanding the foregoing, GENEX reserves the right to monitor content on the Service and to remove content, which GENEX, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these Operating Policies for users of the Service ("Users")
4. Users may not post or transmit any message anonymously or under a false name. Users may not permit any other person (other than an agent acting on User’s behalf and subject to User’s supervision) to access the Service using User’s account for any purpose.
5. Users may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person, except as related to the provision of services by GENEX. Users may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.
6. Users may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
7. Users may not interfere with other User’s use of the Service.
8. Users may not post or transmit any file which contains viruses, worms, "Trojan horses", or any other contaminating or destructive features.
9. Users may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not GENEX’s intent to discourage Users from taking controversial positions or expressing vigorously what may be unpopular views; however, GENEX reserves the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements which are deeply and widely offensive and/or harmful.
10. Users may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. User may not post or transmit any advertising, promotional materials or any other solicitation of other Users to use goods or services except in those areas (e.g. a classified bulletin board) that are designated for such purpose.
11. Users may not: (a) post a single article to more than five (5) areas of the Service; (b) post to any area which is off-topic as determined by GENEX in its sole discretion; or (c) send unsolicited mass e-mailings to other Users.
12. Users may not use the facilities and capabilities of the Service to conduct any activity or solicit the performance of any activity which is illegal or which infringes on the rights of others.
IV. Privacy Statement
The employees of GENEX are committed to protecting the privacy of the individuals with which it works. It is GENEX’s belief that a person’s medical and health records belong to such person and we merely hold these records for the provision of services.
Personal information can be anything that identifies a particular person. This may include an email address, personal address or phone number, as examples.
Portions of the Service contain the personal information and GENEX will never willfully disclose a person’s individual information to anyone who is not entitled by law to receive it, unless an individual expressly authorizes GENEX to do so. Our commitment to privacy applies to any personal information entrusted to us, whether the information is medically related or not. GENEX does reserve the right to use aggregated, anonymous data about our users as a group.
V. Advertising Policy
GENEX does not contract with any entity for the placement of advertising. Advertising may appear on the web sites that can be reached via links. However, GENEX does not in any way solicit these advertisements nor does it receive any income from the advertising rates charged by these web sites for the placement of the advertisements.
VI. The Digital Millennium Copyright Act
GENEX reserves the right, but not the obligation, to terminate your access to this web site if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. GENEX and its service providers accommodate and do not interfere with standard technical measures used by copyright owners to protect materials. GENEX has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act.
Any notice regarding any infringement of copyright or of other proprietary rights must include the following information:
1. A signature of a person authorized to act on behalf of (i) the owner of an exclusive right that is allegedly infringed or (ii) the person defamed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, including information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
If you choose to access this GENEX web site from outside the United States you do so on your own initiative and are responsible for compliance with U.S. and local laws, if and to the extent that local laws are applicable. Software is subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (i) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (ii) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national resident of any such country or on any such list. You agree to comply with U.S. export control laws and that you will not transfer any software or other content from this GENEX web site to a foreign national or foreign country in violation of those laws.
VII. Changes and Applicable Law
We reserve the right to make changes to this GENEX web site and our Terms and Conditions of Use. We encourage you to review this web site and these terms periodically for any updates or changes. Your continued access or use of this web site shall be deemed your acceptance of these Terms and Conditions.
Use of this web site will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to its conflict of law provisions. You agree that any legal action or proceeding between you and GENEX will be brought exclusively in a federal or state court of competent jurisdiction sitting in the Federal Eastern District of Pennsylvania. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises. GENEX’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. GENEX may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.