Terms & Conditions

Effective Date: 10/1/18

General

Welcome to the websites owned and operated by Vitality Health of California.
Please carefully read the following Terms of Use before using the Websites. By accessing, using and/or browsing the Websites, you acknowledge that you have read, understood and agree to be bound by these Terms of Use which form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms of Use, please do not access, use or browse the Websites or any of its content.

These terms of use describe certain rules and prohibitions that apply to your access to, use and browsing of the websites, which is subject to the all the terms contained in these terms of use. By accessing, using and/or browsing the websites, you are agreeing to these terms of use, Vitality Health Plan of California's internet privacy policy and all applicable laws and regulations. If you do not agree with these terms of use, your permission to access, use and/or browse the websites is automatically and immediately revoked.

Some areas of the Websites, such as specific sections offering features and functionality for caregivers, providers, agents or brokers, may be subject to additional terms and conditions that will be specified in those sections.

The information contained in the Websites are not meant to replace the advice of or treatment by health care professionals. Always contact a qualified health care professional for any medical symptoms or medical conditions. Never disregard professional health care advice or delay in seeking it because of something you have read on the Websites.

If this is an emergency, call 911 or go to the nearest hospital.

Updates and Changes

Vitality Health Plan of California may make changes or updates to the Websites, including these Terms of Use, from time to time, without notice to you. Any changes or updates to these Terms of Use will be effective when posted on the Websites and apply to your access, use and browsing of the Websites on and after the Effective Date. Accordingly, you should check these Terms of Use regularly for changes and updates. You can determine when these Terms of Use were last revised by referring to the Effective Date at the top of this page. Each time you access, use or browse the Websites, you signify your acceptance of and continued agreement to the then-current Terms of Use.

Use of Website

You are authorized to view, print, and download Material solely for your personal, noncommercial use and solely for its intended purposes. You agree not to create derivative works of any materials, and not to sell, lease, license, repurpose, modify, display, perform or otherwise use, including, without limitation, reproduce, duplicate, distribute, transmit, republish, copy, or exploit, the Material or derivative works thereof for any public or commercial purpose, unless specifically authorized in writing by Vitality Health Plan of California.
You must keep all copyright and other intellectual property or proprietary notices, acknowledgements, credits, marks or logos contained on any material printed or downloaded, and may not remove, obscure or modify same.

You will not use the Websites in violation of any laws including, without limitation, those pertaining to the fraud and abuse or anti-kickback provisions of the federal Medicare and Medicaid laws. You agree not to access the Websites by any means other than through a standard web browser.

Accuracy of Information

Although we regularly validate and maintain the Websites, we can make no guarantees as to their correctness, completeness, or accuracy. The Websites may contain typographical errors, inaccuracies, or other errors or omissions. Unauthorized additions, deletions, or alterations could be made to the Websites by third parties without our knowledge.

Limitation of Liability

Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.

Indemnification

You agree to indemnify, defend, and hold Vitality Health Plan of California, its suppliers, vendors, licensors, and their related parties, including, without limitation, their respective, affiliates, officers, directors, employees, agents, representatives, subsidiaries, services providers, successors, assigns, and others acting in concert with any of the foregoing, harmless from any liability, loss, claim, demand and expense (including, without limitation, reasonable attorneys' fees) made by you, or on your behalf by any third party due to, arising out of, related to or in connection with (a) your violation of these terms of use, any applicable laws, or the rights of Vitality Health Plan of California or any third party; or (b) your connection or submission to or use of the websites or the materials.

Modifications to this Website

Vitality Health Plan of California reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Websites, or any portion thereof, with or without notice. You agree that Vitality Health Plan of California will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Websites.

Notice Required by California Law

Pursuant to California Civil Code Section 1789.3, users are entitled to the following specific consumer rights notice:
The name and address of the provider of the Websites is Vitality Health Plan of California 18000 Studebaker Rd #960, Cerritos, CA 90703. Complaints regarding the Websites or Material or requests to receive further information regarding use of the Websites or Material may be sent to the above address. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.

Governing Law and Disputes

You agree that any dispute between you and Vitality Health Plan of California arising out of or relating to these Terms of Use, the Internet Privacy Policy, the Websites or any Material will be decided only by arbitration, individually and not on a class-wide basis. You knowingly waive any right to participate in any form of "class," "joint" or "representative" litigation (including in any "private attorney general capacity") against Vitality Health Plan of California. The laws of the State of California, U.S.A., without regard to choose of law principles, shall apply to any dispute between us, except as to matters relating to arbitration, which shall govern by the Federal Arbitration Act. Any arbitration will be administered by the American Arbitration Association and will take place in Los Angeles County, California, U.S.A.
The Websites are controlled within the United States of America and directed to individuals residing in the United States. Those who choose to access the Websites from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Vitality Health Plan of California does not represent that the Websites or any Material are appropriate outside the United States of America. Vitality Health Plan of California reserves the right to limit the availability of the Websites to any person, geographic area or jurisdiction at any time in its sole discretion.

Miscellaneous

These Terms of Use and the Internet Privacy Policy set forth the entire understanding and agreement between you and Vitality Health Plan of California with respect to the subject matter hereof. If any provision of these Terms of Use or the Internet Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use or the Internet Privacy Policy shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section.
Failure to act with respect to any failure by you or others to comply with these Terms of Use or the Internet Privacy Policy does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer these Terms of Use or the Internet Privacy Policy or your rights or obligations under these Terms of Use or the Internet Privacy Policy without the prior written consent of Vitality Health Plan of California, and any assignment or transfer in violation of this provision shall be null and void. There are no third-party beneficiaries to these Terms of Use or the Internet Privacy Policy.