Select Health of South Carolina, Inc. (“FIRST CHOICE NEXT”) provides its content to you subject to the following Terms and Conditions (the "Terms and Conditions"). The Terms and Conditions govern your use of this application, and by accessing, viewing, or using the material on the mobile application ("Application"), you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract, and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them.
If you do not agree with the Terms and Conditions, you are not granted permission to use the Application and should exit the Application immediately.
1. Proprietary Rights
All material contained in this application is protected by law, including but not limited to United States copyright law. Except as indicated, the entire content (including images, text, and look and feel attributes) of this Application are Copyright © 2023 FIRST CHOICE NEXT. All rights reserved. Removing or altering the copyright notice in the Application in any manner is prohibited. FIRST CHOICE NEXT also owns a copyright in this Application as a collective work and/or compilation, and in the selection, coordination, arrangement, organization, and enhancement of such content.
Any commercial use of this content is prohibited without the prior written consent of FIRST CHOICE NEXT. All trademarks and logos are proprietary to FIRST CHOICE NEXT or its parent companies. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Please be advised that FIRST CHOICE NEXT actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
2. Communications Through Our Application
FIRST CHOICE NEXT welcomes your feedback and suggestions about how to improve our products and services and this Application.
By transmitting any suggestions, information, material, or other content (collectively, "Content") to FIRST CHOICE NEXT, you automatically grant FIRST CHOICE NEXT the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Content.
Further, you hereby authorize FIRST CHOICE NEXT to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send through the Application for any purpose whatsoever, including but not limited to creating and marketing products and/or services using such information.
3. No Offer of Medical Services or Advice
This Application is designed to provide FIRST CHOICE NEXT members who have logged into the Application access to information about their health plan and medical record information. Information that appears on the Application is not intended to offer or sell any particular product or service. No material found in the Application should be considered to be medical advice and/or treatment. No provider/patient relationship is created by any individual choosing to use the Application. Individual inquiries about sensitive or confidential matters should be addressed to appropriate health care professionals.
4. No Legal Advice
Nothing contained, expressed, or implied in this Application is intended as, nor shall be construed or understood as, legal advice, guidance, or interpretation. No attorney-client relationship is established between FIRST CHOICE NEXT and you by reason of your use of this Application, under any circumstances whatsoever. If you have questions about any law, statute, regulation, or requirement expressly or implicitly referenced in this Application, you should contact your own legal counsel.
5. Confidentiality Cannot be Guaranteed
Please be advised that the confidentiality of any communication or material transmitted to FIRST CHOICE NEXT via this Application, through our website or via internet electronic mail cannot be guaranteed, including personal information such as your address or Social Security number.
6. Disclaimer of Warranty and Liability
USE OF THIS APPLICATION IS ENTIRELY AT YOUR OWN RISK. NEITHER FIRST CHOICE NEXT NOR ITS AFFILIATES ARE RESPONSIBLE FOR THE CONSEQUENCES OF RELIANCE ON ANY INFORMATION CONTAINED IN OR SUBMITTED TO THE APPLICATION, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THESE MATERIALS ARE 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 NONINFRINGEMENT.
FIRST CHOICE NEXT SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF FIRST CHOICE NEXT TO YOU EXCEED THE PRICE PAID BY YOU FOR USE OF THE APPLICATION.
7. Corrections and Changes
While endeavors to keep the Application up to date, FIRST CHOICE NEXT cannot assume responsibility for any errors or omissions in the Application. FIRST CHOICE NEXT further does not warrant the accuracy or completeness of the information, text, graphics, links, or other items contained within the Application.
FIRST CHOICE NEXT may make changes to the Application, or to the products or services described herein, at any time without notice, and makes no commitment to update the information contained herein. FIRST CHOICE NEXT reserves the right to terminate your access to the Application in the event that you violate these Terms and Conditions, or for any reason whatsoever.
You agree to defend, indemnify, and hold harmless FIRST CHOICE NEXT, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney's fees and litigation expenses) relating to or arising from your use of the Application and any breach by you of these Terms and Conditions.
9. Links to Other Websites
This Application may, from time to time, contain links to other internet websites for the convenience of users in locating information and services that may be of interest. These applications are maintained by organizations over which FIRST CHOICE NEXT exercises no control, and FIRST CHOICE NEXT expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party websites. FIRST CHOICE NEXT does not control, endorse, promote, or have any affiliation with any other website unless expressly stated herein.
10. Use of the Internet
Use of this Application is solely at your own risk and is subject to all applicable state, national, and international laws and regulations. Neither FIRST CHOICE NEXT nor its affiliates will be liable for any loss resulting from a cause over which they do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
11. Governing Law and Jurisdiction
These Terms and Conditions will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without reference to its choice of law rules. By accessing, viewing, or using the material on the Application, you consent to the jurisdiction of the federal and state courts presiding in Philadelphia, Pennsylvania, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.
This Application is controlled and operated by FIRST CHOICE NEXT from its offices within the United States. FIRST CHOICE NEXT makes no representation that materials in the Application are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Application from other locations do so on their own volition and are responsible for compliance with applicable local laws.
These Terms and Conditions constitute the entire agreement between you and FIRST CHOICE NEXT with respect to your use of the Application. You acknowledge that, in providing you access to and use of the Application, FIRST CHOICE NEXT has relied on your agreement to be legally bound by these Terms and Conditions.