Terms and Conditions

YOUR USE OF THE WELLCARE WEBSITE LOCATED AT  HTTPS://PROVIDER.WELLCARE.COM AND ITS RELATED SUBDOMAINS, SERVICES, AND OTHER SITES AND TOOLS LINKED TO WWW.WELLCARE.COM BY WELLCARE, AS WELL AS THE SERVICES AVAILABLE THROUGH SUCH WELLCARE WEBSITE (COLLECTIVELY, THE “SITE”) IS GOVERNED BY THESE TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS”), WHICH IS A LEGAL CONTRACT BETWEEN YOU AND WELLCARE. As used in these Terms and Conditions, “WellCare,” “we” or “us” refers to WELLCARE HEALTH PLANS, INC., ITS SUBSIDIARIES AND AFFILIATED COMPANIES. IN ORDER TO USE THE SITE, YOU MUST READ AND CONSENT TO THIS AGREEMENT, AS IT INCLUDES TERMS SUCH AS LIMITATION OF LIABILITY, CHOICE OF FORUM FOR DISPUTES AND OTHER PROVISIONS THAT MAY LIMIT YOUR RIGHTS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.  

Intellectual Property Notice. All of the content, information and materials on the Site, such as text, graphics, logos, images, data, software and other material (collectively “Content”), is owned or licensed by WellCare or one of its affiliate companies or by third parties, and is proprietary and protected by copyright, trademark, patent, trade dress and/or other intellectual property rights. The selection, collection, arrangement, and assembly of all Content on the Site is the exclusive property of WellCare. WellCare hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Content and to use this Site solely for your personal use. Except for the foregoing license, you may not copy, reproduce, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.

Certain information and other content on the Site may be provided by third party licensors and suppliers to WellCare (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only access the Third Party Content on the Site solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. WellCare DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WellCare and its licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials that appear on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of WellCare’s or any third party’s intellectual property rights.

Prohibited Uses. By using the Site, you agree not to:

1. Use any false or inaccurate information for purposes of registering as a user of the Site;
2. Delete or revise any material or other information of any other user or WellCare;
3. Introduce or attempt to introduce a Trojan horse, worm, virus, spider, robot, files, programs, or other malicious and/or foreign code into the Site designed to interrupt, destroy, or limit the functionality of the Site, the Content or any computer software or hardware or telecommunications equipment;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Site;
5. Use the Site to collect or store personal data about others;
6. Use the Site in a manner that intentionally or unintentionally violates any applicable local, state, national or international law;
7. Use the Site or the Content for any commercial or pecuniary purpose;
8. Use the Site in any manner that is harmful to others;
9. Take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
10. Allow any other person or entity to use your username or password;
11. Attempt to modify, adapt, translate, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site or the Content; or
12. Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
13. Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site;
14. Frame or mirror any part of the Site without WellCare’s prior written consent; or
15. Create a database by systematically downloading and storing Site content;
16. You shall not violate or attempt to violate the security of the Site including, but not limited to, actions such as:
17. Accessing data not intended for you or logging into a server or account that you are not authorized to access;
18. Accessing the Site by any means other than through the interface that is provided by us for use in accessing the Site;
19. Using the Site for unintended purposes or trying to change the behavior of the Site;
20. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
21. Attempting to interfere with service to any user, host or network including, but not limited to, by way of submitting a virus to, or overloading, “flooding,” “spamming,” “mailbombing” or “crashing”;
22. Forging communications on behalf of the Site (impersonating the Site) or to the Site (impersonating another user); or
23. Taking any action that may otherwise harm, disrupt or overburden the Site.

This list of prohibitions provides examples and is not complete or exclusive. WellCare reserves the right to terminate your access to your account with or without cause and with or without notice, for any reason or no reason, or for any action that WellCare determines is inappropriate or disruptive to this Site or to any other user of this Site. Violations of system or network security may result in civil or criminal liability. WellCare reserves the right to investigate any actual, reported or suspected violations. WellCare also may report information about any such suspected, reported or actual violations to law enforcement and may cooperate with law enforcement authorities in investigating and prosecuting users who have participated in such violations. WellCare also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or government request.

Age of Users. You must be 13 years or older to use the Site. If you are under the age of 18, you must have your parent’s permission to use the Site and to agree to these Terms and Conditions. WellCare may terminate these Terms and Conditions and use of the Site without notice if we, in our sole discretion, believe that you are either (i) under the age of 18 and using the Site and its services without the permission of your parent or (ii) under the age of 13.

Changes to these Terms and Conditions and/or the Site. WellCare reserves the right to make changes to these Terms and Conditions at any time. In the event of any such changes, you will be required to consent to the updated Terms and Conditions the next time you access the Site. If you do not consent to the changes, you may no longer use the Site. WellCare may change the information, services and any other resources accessible through the Site, or discontinue the Site altogether, at any time and without notice.

Using the Site. Some features of the Site are available without registering with WellCare. However, in order to access certain member-only or password-restricted areas of the Site and to use certain services and materials offered through the Site, you must login using your WellCare account username and password.

Submissions. You acknowledge and agree that by submitting remarks, reviews, ratings, and other materials (other than information given in connection with registration) to WellCare (individually and collectively, the “Submissions”), you (i) grant WellCare a nonexclusive, royalty-free, fully-paid, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform the Submissions throughout the world in any media, now known or hereafter created without attribution, (ii) grant WellCare the right to pursue at law any person or entity that violates your and/or WellCare’s rights in your Submissions, and (iii) forever waive any and all of your rights, including but not limited to moral rights, if any, in and to your Submissions, including, without limitation, any all rights or requirements of attribution or identification of you as the author of the Submissions or any derivative thereof. You further acknowledge and agree that your Submissions are non-confidential and do not contain proprietary information.

Except as described in our Privacy Policy, WellCare will not be required to treat any of your Submissions as confidential, and you acknowledge and agree WellCare may use in connection with its business any of the concepts and ideas contained in your Submissions without compensation to you and WellCare will not incur any liability to you as a result of any similarities between concepts and ideas contained in your Submissions and future WellCare operations and business. Except as otherwise set forth in these Terms and Conditions, WellCare will be entitled to use the Submissions for any commercial or other purpose whatsoever without compensation to you or any other person.

Your Submissions, including personally identifiable information contained therein, are made voluntarily and are subject to our Privacy Policy. You are responsible for the content of your Submissions and agree to defend (at WellCare’s option and at your sole expense), indemnify and hold WellCare harmless from any damages, losses, costs, or expenses, including reasonable attorneys’ fees, which WellCare may incur as a result of your Submissions.