TERMS AND CONDITIONS OF USE

PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING THIS WEB SITE, AND REVIEW THEM PERIODICALLY FOR ANY CHANGES.

By using this web site ("Web Site"), you agree to the following terms and conditions, which may be modified from time to time without prior notice ("Terms and Conditions" or "Agreement"), and to periodically review them for any modifications. If at any time you disagree with any of the Terms and Conditions, you may not use this Web Site. In the event you become aware of any violation of the Terms and Conditions, you agree to notify us immediately. Any reference in this document to "we", "us", or "our" is to NGS American, Inc. and its affiliates.

Use of This Web Site

The use of this Web Site, including all health information and other nonpublic personal information regarding any individual obtained or provided through this Web Site ("Nonpublic Personal Information"), is for informational purposes only and limited to authorized persons or entities directly in connection with payment, treatment, or health care operations of the group health plan(s) that we service.

Scope and Authority of Use

You represent to us that (i) you have the proper authority to use this Web Site on behalf of yourself, any organization you represent, and/or any other person or entity you represent; and (ii) you will not access, use or disclose, or permit or enable others to access, use or disclose, any information obtained from this Web Site in any manner that may be unauthorized, unlawful, or beyond the specific purpose for which such information is made available.

Confidentiality and User Authentication

Except as pursuant to proper consents or authorizations, all Nonpublic Personal Information is strictly confidential. You acknowledge that through this Web Site, you may be able to view, send and/or receive confidential medical information (including, but not limited to, medical conditions, eligibility for coverage, health history, medical claims, payments and/or treatments) and other Nonpublic Personal Information for yourself or others as to whom you have proper authority. You agree to maintain the security and privacy of all such information and other Nonpublic Personal Information (including any copies thereof), and to use the information solely for purposes directly relating to, and to the minimum extent necessary for, medical treatment, payment, communications with us, and other health care operations in connection with the group health plan(s) that we service.

As a safeguard against improper access to Nonpublic Personal Information, we require all users to login with their user ID, password, or other information intended to authenticate the identity or authority of the user based on the registration information we have on file. We strongly suggest that you maintain the user login information in strict confidence. You agree that you will be solely responsible for any loss or damages resulting directly or indirectly from access to Nonpublic Personal Information using your login information that has been lost, stolen, misplaced, sold, borrowed, improperly disclosed or maintained, or mishandled in any other manner. If you believe that the confidentiality of your login information may have been compromised in any way, you agree to immediately contact us to obtain new login information.

Contents of This Web Site

The contents of this Web Site are for informational purposes only and do not constitute medical, legal or financial advice, or offer of any coverage beyond what is permitted under the terms and conditions of the group health plan(s) we service. We do not provide health care services and, therefore, nothing in this Web Site is intended to suggest, recommend, guarantee or endorse any medical results or outcomes. While we make reasonable efforts to include information that is accurate and up-to-date, we do not warrant that the information and functions contained in this Web Site will at all times be complete, current, error-free and without interruption or defects. From time to time and without prior notice, the Web Site may be subject to maintenance, update or repair, and access may be limited or unavailable during such times.

Notwithstanding any information obtained from this Web Site, the terms of group health plan eligibility, participation, coverage, payment, benefit maximums, limitations, exclusions and other terms and conditions relating to any individual's health care benefits are governed solely by the plan document(s) for the relevant group health plan(s) we service. The information accessed from or sent to this Web Site will not constitute an amendment of any group health plan's plan document(s) without the express written adoption by the relevant plan sponsor(s).

Health Care Providers

Physicians, hospitals and other health care providers with access to the Web Site are not our agents or employees for any purpose.

On-Line Security, Protection and Privacy

Complete security and confidentiality over the Internet, in its current state, is not possible. We have, however, taken reasonable efforts to implement various procedures and technology designed to maximize the security, protection and privacy of Nonpublic Personal Information available from or provided to this Web Site.

We employ a Secure Socket Layer (SSL), which is designed to provide an encrypted connection between your computer and our server, so that Nonpublic Personal Information is transmitted in a secure manner. In addition, we employ various other administrative and physical safeguards intended to prevent accidental or unauthorized access, use or disclosure of Nonpublic Personal Information, and test our systems against potential intrusions and other contingencies. To prevent unauthorized access to any Nonpublic Personal Information that may reside in your computer, we recommend that you exit the Internet browser after using our Web Site, especially if you routinely share the computer with someone else.

When sending email comments, do not send sensitive information in your message as it may be sent in plain text over the Internet.

Despite reasonable efforts to provide for an environment free of computer viruses and similar hazards, the proliferation of new and unexpected viruses, worms, Trojan horses or other codes across the Internet continues to present potential threats to us and users of this Web Site. It is your responsibility to ensure that your computers, software and files are properly scanned in order to prevent any codes with destructive properties from affecting this Web Site, any information therein, and any of your computer hardware, software, and files or other information in connection with use of this Web Site. We do not make any express or implied warranties, representations or endorsements whatsoever (including, but not limited to, warranties of title, noninfringement or fitness for a particular purpose) with respect to any file or information you or others may access or download from this Web Site.

We may use "cookies" or similar technologies in order to track usage of the Web Site and help us in improving our services. Most Internet browsers allow you to erase cookies from your hard drive, block all cookies, or receive a warning before a cookie is stored. Please refer to your Internet browser's help files or user guides to learn more about these functions.

Links to Other Sites

This Web Site may contain hypertext links through which a user can visit various health care-related web sites sponsored by other entities ("Non-NGS Sites"). These links to Non-NGS Sites are for the users' convenience only, and are not intended to be an endorsement or promotion of any kind. We have no control over the design, modification, contents and security of any Non-NGS Sites, and will not be responsible for any loss or damage resulting from the use of any Non-NGS Sites. Prior to using any Non-NGS Site, all users are strongly encouraged to visit and read the terms and conditions and disclaimers that may be posted on that site to understand the ways in which any Nonpublic Personal Information may be used or handled by the operator of that site or any others.

Disclaimer and Limitations of Liability

The contents of this Web Site are provided "as is" and "as available," and the use of this Web Site is at the user's own risk. To the fullest extent permitted by law, (i) we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose relating to any matter in connection with this Web Site; and (ii) in no event shall any agents, employees, directors, or officers of NGS American, Inc. or its affiliates be liable for any damages of any kind caused to any person or entity as a consequence of the use or attempted use of this Web Site, including but not limited to, any direct, special, incidental, indirect or consequential damages of any kind, whether or not advised of the possibility of such damage, or based upon any theory of liability, including detrimental reliance, arising out of or in connection with the existence, use, attempted use, or performance of this Web Site or any information therein contained or omitted.

Termination

NGS American, Inc., in its sole discretion, reserves the right to terminate this Agreement and your access to this Web Site at any time and without notice to you. You may terminate this Agreement by providing us written notice of such termination and discontinuing your access or use of our Web Site. All provisions of this Agreement, which, by their nature survive, shall survive any termination.

Indemnification

You agree to indemnify and hold NGS American, Inc. and its affiliates harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any information you submit, post to or transmit to us through this Web Site, your use of the Web Site, your connection to the Web Site, your violation of the Terms and Conditions, or your violation of any rights of another user.

Governing Law and Severability

Except to the extent preempted by federal law, the applicable laws of the State of Michigan will govern the interpretation, validity and effect of all provisions of this Agreement, without giving effect to any principles of conflicts of law. If a court determines that any provision herein is illegal or unenforceable, then such provision will be eliminated and the remaining provisions will remain in force and effect.

Contacts

If you have any questions regarding the above, or would like to notify us for any reason, please click here to send questions or comments to us.