“You” and “your” refer to the Member reading this Agreement, which may include covered family members.
Before Accessing and Otherwise Using GEHA’s Member Accounts, Please Read this Agreement Carefully.
Click on a link below to jump to a specific section of this Agreement:
- Legally Binding Agreement
- Eligibility to Use Our Member Accounts
- Additional Terms Applicable
- Changes to Agreement
- Lawful Use of Member Accounts
- General User Agreements
- Unauthorized Use or Misuse of Member Accounts
- Accessibility to Member Accounts
- Member Account Content
- No Medical Advice Provided
- Third Party Websites and Services
- Updates to Mobile Applications
- Privacy and Security
- Disclaimer of Warranties
- Limitation and Release of Liability
- Dispute Resolution
- Geographic Restrictions/Export Controls
- Information for California Residents
- Miscellaneous Provisions
- Legally Binding Agreement
- Eligibility to Use Our Member Accounts
- Additional Terms Applicable
- Changes to Agreement
- Lawful Use of Member Accounts
- General User Agreements
Please read this Agreement carefully before you use our Member Accounts. This Agreement forms a legally binding contract between you and GEHA. We represent and warrant that GEHA has validly entered into this Agreement and has the legal power to do so.
By creating and using a Member Account, you accept and agree to be bound and abide by this Agreement and affirm that you are able and legally competent to do so. If you do not agree to all terms set forth in this Agreement, then GEHA does not agree to your creation and use of a Member Account, and you must not create a Member Account or immediately stop accessing and using your Member Account. Otherwise, by creating a Member Account, and by accessing and using your Member Account, you are agreeing to be bound by this Agreement.
Our Member Accounts are offered to and intended for use only by Members and their covered family members who are 18 years of age or older and reside in the United States or any of its territories. By using our Member Accounts, you represent and warrant that you are of legal age to form a binding contract with GEHA, meet all of the foregoing eligibility requirements, and have validly entered into this Agreement. If you do not meet all of these requirements, then we do not agree to your creation and use of a Member Account, and you must not create, access, or use a Member Account.
The Website Agreement is incorporated herein by reference and, together with this Agreement, constitute the entire agreement between you and GEHA pertaining to your access and use of Member Accounts.
GEHA reserves the right to revise and update this Agreement at any time in our sole discretion. We will provide advance notice of all material changes to this Agreement by posting information about upcoming updates to this Agreement on the home page of our Member Accounts, and/or by sending an email to you providing information about upcoming updates to this Agreement.
All changes are effective immediately when we post the updated Agreement to our Sites (the “Effective Date” of the revised Agreement) and apply to all access to and use of the Member Accounts thereafter. When the updated Agreement is posted, you will be asked to agree to the updated Agreement the next time you login to your Member Account. If you do not agree to the updated Agreement, you will not be permitted to login to your Member Account. Any revised Agreement will supersede all previous versions of such Agreement, but changes will not apply retroactively.
This Agreement may not be orally modified. Neither you nor any individual GEHA employee are permitted to change the terms of this Agreement.
You agree to use GEHA’s Member Accounts only for lawful purposes and in accordance with this Agreement. It is your responsibility to determine whether your use of our Member Accounts is lawful, and you must comply with all applicable laws while using our Member Accounts. You are not permitted to use our Member Accounts for any illegal purpose. Your access to our Member Accounts is permitted on a temporary basis and is conditioned upon your adherence to the terms of this Agreement.
If you choose to remain on our Member Accounts or to later return to our Member Accounts, you agree that:
- You will be bound by all terms and conditions set forth in this Agreement;
- You will not use our Member Accounts in any manner that violates any applicable laws or regulations (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);
- All information you submit through our Member Accounts, including Member Account creation information, will be truthful, accurate, and complete;
- You will update any submitted information, including Member Account creation information, as necessary in order to maintain complete, accurate, and current information;
- You will not collect or store any personal data about any other user of our Member Accounts unless you are legally entitled to do so;
- You will return or destroy copies of any GEHA Content, as defined below, you have made if we ask you to do so;
- You will be held responsible for all use of your Member Account, including any use by others in the event you ever permit others to access your Member Account;
- You are responsible for maintaining the confidentiality of passwords associated with your Member Account;
- You will notify us promptly at firstname.lastname@example.org of any unauthorized use of your login name, password, other Member Account information, or of any other breach of security of which you become aware involving your Member Account;
- You will not use another Member’s password or user identification to gain access to a Member Account except where expressly authorized by law;
- You will not falsely state or otherwise misrepresent your affiliation with a person or entity to obtain access to a Member Account;
- You will notify GEHA Customer Service at (800) 821-6136 when you have a plan change that changes your enrollment status (such as divorce or legal separation) so we can assist you with securing the appropriate access to this Member Account;
- You are at or over the age at which you are legally permitted by your country of residence to provide consent to personal data processing activities;
- GEHA may contact you using the email address that you provided when you created your Member Account;
- You will not use our Member Accounts for any unauthorized purposes or in any manner that could damage, disable, overburden, or impair the Member Accounts or GEHA’s servers or networks or interfere with any other party’s use and enjoyment of our Member Accounts;
- You will not use any robot, spider, or other automatic device, process, or means to access the Member Accounts for any purpose, including monitoring or copying any of the material on the Member Accounts;
- You will not use any device, software, or routine that interferes with the proper working of the Member Accounts;
- You will not introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the Member Accounts;
- You will not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Member Accounts, the servers on which the Member Accounts are stored, or any server, computer, or database connected to the Member Accounts;
- You will not attack the Member Accounts via a denial-of-service attack or a distributed denial-of-service attack; and
- You will not otherwise attempt to interfere with the proper working of the Member Accounts.
You agree that your right to access and use your Member Account will cease immediately upon your violation of any of the terms set forth in this Agreement or upon any unauthorized use or misuse of your Member Account, and that GEHA has total discretion to terminate your Member Account and/or your access to your Member Account without further notice if you violate any terms or prohibitions set forth in this Agreement.
Unauthorized use and misuse of GEHA’s Member Accounts are strictly prohibited, and, depending on the circumstances, may subject you to a civil claim for damages and criminal prosecution. GEHA reserves the right to report any breach of this Agreement or unauthorized use or misuse of our Member Accounts to law enforcement authorities.
GEHA reserves the right to: (1) amend or discontinue our Member Accounts, and any service or material we provide on or through our Member Accounts, in our sole discretion and without notice; (2) terminate access to a Member Account for any reason, including, but not limited to, terminating access to Member Accounts that are inactive for an extended period of time; and (3) maintain, delete, or destroy all communications and materials provided on or through our Member Accounts pursuant to our internal record retention and/or destruction policies. GEHA affirmatively disclaims any liability for any occasions on which all or any part of our Member Accounts may be unavailable for your use.
You understand and agree that GEHA will deactivate Member Accounts showing inactivity for a period of six (6) consecutive months. You agree to regularly back up your own data, and to maintain adequate records to be able to replicate any data transmitted through your Member Account. You further agree that GEHA is not liable for the content of or any errors in the data transmitted through our Member Accounts, or for any lost data.
GEHA is committed to providing all Members with the opportunity to access our Member Accounts. If you have difficulty accessing information on your Member Account or you have limited English proficiency and require assistance, please contact 800.735.2966 (TTY) or 800.821.6136 for GEHA Customer Care.
GEHA’s Member Accounts, including all information, graphics, images, artwork, displays, text, video clips, data compilations, software, HTML code, audio clips, trademarks, service marks, logos, trade names, look-and-feel, and other content provided on, in, or through our Member Accounts (collectively, “GEHA Content”) are owned by GEHA, its licensors, or other providers of such material and are protected under applicable laws.
This Agreement grants you a personal, revocable, nonexclusive, non-transferrable, and limited license (without the right to sublicense) (the “Limited License”) to access and use GEHA’s Member Accounts and to download, copy, or print a reasonable number of copies of GEHA Content solely for your own personal, non-commercial use and not for further reproduction, publication, or distribution, provided that you retain all copyright, trademark, and other proprietary notices contained in the original GEHA Content.
You agree to take reasonable steps to protect the confidentiality of health information and other personal information that you access on any of our Member Accounts, including but not limited to refraining from taking screen shots and refraining from creating screen recordings of any personal or health information.
Except for the Limited License granted to you by this Agreement, or as otherwise permitted under applicable law, you acknowledge and agree that:
- Trade secrets and intellectual property embodied in GEHA’s Member Accounts and GEHA Content have not been and will not be licensed to you;
- Neither the copyrights, trademarks, other intellectual property; nor any portion of GEHA’s Member Accounts or GEHA Content may be used, reproduced, duplicated, copied, sold, resold, accessed, distributed, modified, used to create derivative works, publicly displayed, publicly performed, or otherwise exploited, in whole or in part, for any purpose without GEHA’s prior written consent;
- Unauthorized use of GEHA Content may violate copyright, trademark, patent, trade secret, and other intellectual property or proprietary laws.
You agree that unless GEHA provides you with prior written authorization to do so, you will not:
- Modify copies of any materials located in the Member Account;
- Access or use GEHA Content in any public or commercial manner or for any commercial purpose;
- Delete or alter any copyright, trademark, or other proprietary rights notices from GEHA Content or from any copies of GEHA Content; or
- Use GEHA Content in a manner that suggests that you have an association with GEHA other than as a Member.
All rights not expressly granted here are reserved by GEHA. If you would like to request GEHA’s permission to use GEHA Content, please email email@example.com.
Member Accounts are not a substitute for the advice and treatment of a medical professional. You may not use your Member Account to report a medical emergency. In the event of a medical emergency, immediately contact your physician or call 911.
The health content and information contained in your Member Account (“Health Content”) is provided to you for informational purposes. GEHA’s Health Content cannot, and is not intended to, replace the relationship that you have with your health care professionals. The Health Content in your Member Account does not constitute medical advice and is not a substitute for proper medical care or advice provided by a health care professional. Health Content should not be considered complete or exhaustive. You should not use Health Content in your Member Account as a means of diagnosing a health problem or disease, or as a means of determining treatment. GEHA assumes no responsibility for any circumstances arising out of the use, misuse, interpretation, or application of any Health Content in our Member Accounts. Always consult with your health care professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you.
GEHA’s Member Accounts may contain or otherwise utilize links, third-party plug-ins, tools, software, and/or applications (“Links”), that connect to third-party websites and resources, such as health assessments, personal health records, cost and quality, and others (“Third-Party Resources”). Links are provided for your convenience only. The inclusion of Links on our Member Accounts does not constitute or imply GEHA’s endorsement of, or association with, such Third-Party Resources. GEHA does not control Third-Party Resources and, therefore, GEHA is not responsible for the content or accuracy of such Third-Party Resources or any information or materials posted on or made available by such Third Party-Resources. GEHA is also not responsible for the quality of products or services provided by or advertised on such Third-Party Resources. If you decide to access any of the Third-Party Resources through Links on our Member Accounts, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Resources.
We may from time to time, in our sole discretion, develop and provide updates for our mobile applications, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality.
Based on your mobile device settings, when your mobile device is connected to the Internet either: (a) the Updates will automatically download and install; or (b) you may receive notice of or be prompted to download and install available Updates. Promptly download and install all Updates. If you do not, portions of GEHA Member Accounts may not properly operate.
You agree that GEHA has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of our mobile applications. You further agree that all Updates will be deemed part of GEHA Member Accounts and will be subject to all terms and conditions in this Agreement.
For information about our privacy and security practices regarding protected health information and medical information under the Health Insurance Portability and Accountability Act, please review our Notice of Privacy Practices.
GEHA makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of any information, content (including GEHA Content and Health Content), materials, services, products, merchandise, functionality, or other resources (collectively, “Resources”) available on or accessible through our Member Accounts, including the substance, accuracy, or sufficiency of any service or product information listed on our Member Accounts.
Your use of our Member Accounts and any Resources available on or obtained through our Member Accounts is at your own risk. Our Member Accounts and any Resources available on or obtained through our Member Accounts are provided on an “as is” and “as available” basis, without any warranties of any kind, express or implied. Neither GEHA nor any person associated with GEHA makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of information provided through our Member Accounts.
Without limiting the foregoing, neither GEHA nor any person associated with GEHA represents that our Member Accounts or any Resources available on or obtained through our Member Accounts will be accurate, reliable, error-free, or uninterrupted; that defects will be corrected; that our Member Account or the server that makes it available are free of viruses or other harmful components; or that our Member Accounts or any Resources available on or obtained through our Member Accounts will otherwise meet your needs or expectations.
You are responsible for taking all precautions necessary to ensure that any Resources you may obtain from our Member Accounts are free of viruses and any other contaminating or destructive code. To the fullest extent permitted by applicable laws, GEHA will not be liable for any loss or damage resulting from your use of our Member Accounts or Resources available on or obtained through our Member Accounts.
To the fullest extent permitted by applicable laws, GEHA specifically disclaims all warranties and conditions of any kind, whether express or implied, statutory, or otherwise, including but not limited any Implied Warranties and Conditions of Merchantability; Fitness for a Particular Purpose; Non-Infringement; Fitness for the Ordinary Purpose; Accuracy of Information; Title; Freedoms from Defects, Uninterrupted Use, and all warranties implied from any course of dealing or usage of trade.
Some jurisdictions do not permit the exclusion of implied warranties, which means that some or all of these exclusions may not apply to you. If any of the above provisions are void under applicable law, GEHA’s liability shall be limited to the fullest extent permitted by law.
To the fullest extent permitted by applicable law, in no event will GEHA, or any of its affiliates, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Member Accounts, any websites linked to our Member Accounts, or any Resources available on or obtained through our Member Accounts, including any direct, indirect, special, exemplary, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, regardless of whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
If you are a California resident, you waive your rights with respect to California Civil Code Section 1542, which asserts that “a general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
You acknowledge and agree that the above-asserted limitations of liability, together with the other provisions in this Agreement that limit liability, are essential terms of this Agreement, and that GEHA would not grant you the rights set forth in this Agreement unless you agreed to the above-asserted limitations of liability.
If the limitations of liability set forth in this section are inapplicable or unenforceable for any reason, GEHA’s maximum liability for any type of damages hereunder shall be limited to $100.
You agree, at your own expense, to defend, indemnify, and hold harmless GEHA and its third-party service providers, as well as all of our third-party service providers’ subsidiaries, affiliates, related entities, directors, officers, shareholders, employees, contractors, and agents from and against all claims, actions, liabilities, losses, demands, damages, judgments, awards, costs, expenses, or fees (including reasonable attorneys’ and accounting fees) arising out of or relating to your use of GEHA’s Member Accounts or arising out of or relating to your violation of any terms set forth in this Agreement, your violation of any rights of any third party, or your any violation of any applicable law, regulation, rule, or standard.
This indemnification provision does not apply to the extent it is prohibited by any applicable law. GEHA reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of GEHA may be made without GEHA’s prior written approval.
Choice of Law: Except for any disputes relating to intellectual property rights or infringement claims, all of which shall be governed by United States federal law, any disputes between you and GEHA and our agents, employees, officers, directors, principals, successors, assigns, subsidiaries, or affiliates arising from or relating to this Agreement and the interpretation, formation, performance, breach, enforceability, termination, or validity thereof, or otherwise arising from or relating to our Member Accounts (each individually a “Dispute”; collectively, “Disputes”), shall be governed by and construed and enforced in accordance with the laws of the State of Missouri, regardless of the location in which you reside or where you access our Member Accounts, and without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction).
Agreement to Arbitrate: You and GEHA agree that all Disputes shall be resolved by final and binding arbitration in Lee’s Summit, Missouri by and pursuant to the rules of the American Arbitration Association (“AAA”). You and GEHA further agree that:
- Prior to initiating any arbitration, the initiating party will give the other party at least 60 days advanced written notice of its intent to file for arbitration. GEHA will provide notice by email to the email address you provided to GEHA; and you must provide such notice to GEHA by email at firstname.lastname@example.org;
- Regardless of any statute or law to the contrary, notice of any claim arising from or related to this Agreement must be made within one (1) year after the facts supporting such claim arose or be forever barred;
- A single arbitrator will be selected in accordance with the AAA Commercial Arbitration Rules. The arbitration shall be conducted in the English language;
- The arbitrator, rather than any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes;
- The arbitrator will have the power to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction;
- The arbitrator will not have the power to award punitive or exemplary damages. Further, each party hereby specifically waives his/her/its right to receive punitive or exemplary damages relating to any Dispute;
- The arbitrator will apply applicable law and the provisions of this Agreement. Any failure by the arbitrator to do so will be deemed an excess of arbitral authority and grounds for judicial review;
- The arbitrator’s decision must include a written explanation of his/her decision and shall remain confidential; and
- Any Dispute will be submitted to arbitration on an individual basis only. Neither party is entitled to arbitrate any Dispute as a class action, representative action, or private attorney general action. The arbitrator will not have authority to proceed with an arbitration submitted on a class, representative, or private attorney general basis.
Exception to Arbitration Agreement: Either party to this Agreement may obtain preliminary injunctive relief in a court of competent subject matter jurisdiction in Jackson County, Missouri for the purpose of enforcing any of the terms of this Agreement pending a final determination in arbitration. Additionally, either party to the arbitration may seek permanent relief from a court of competent subject matter jurisdiction in Jackson County, Missouri for the purpose of enforcing any arbitration award.
Users Located Outside the United States: If you are located outside of the United States, GEHA retains the right to bring proceedings against you for breach of this Agreement in your country of residence or any other appropriate country.
Our Member Accounts are controlled from GEHA’s offices within the United States. We make no representation that our Member Accounts or any Resources on our Member Accounts are appropriate or available for use in locations outside of the United States.
Access to the Member Accounts may not be legal by certain persons or in certain countries. Accessing GEHA’s Member Accounts from any location where such access is illegal is strictly prohibited. By accessing GEHA’s Member Accounts, you agree that you are not in a country in which such access is prohibited and that you are not otherwise prohibited from legally accessing GEHA’s Member Accounts. If you choose to access our Member Accounts from locations outside the United States, you do so on your own initiative and at your own risk and you are responsible for compliance with all applicable foreign and domestic laws, including export control laws.
Additionally, if you download any content from our Member Accounts, in performing such download you agree that you are not in a country to which such export is prohibited. You further represent and confirm that no U.S. federal agency has suspended, revoked, or denied your export privileges.
This Agreement is effective until terminated by either party. If you no longer agree to be bound by this Agreement, you must cease your use of your Member Account. If you are dissatisfied with your Member Account, its Resources, or any of the terms and conditions of this Agreement, and your dissatisfaction cannot be informally resolved by GEHA Customer Service, your sole and exclusive legal remedy is to discontinue using your Member Account.
If you breach any provision of this Agreement, then you may no longer use your Member Account. GEHA may at any time, with or without notice, terminate or suspend your access to all or part of your Member Account for any or no reason, including without limitation, after an extended period of inactivity related to the Member Account, or for any violation of this Agreement.
If this Agreement is terminated for any reason, then: (1) this Agreement will continue to apply and be binding upon you in respect of your prior use of your Member Account (and any unauthorized further use of your Member Account), including payment of any charges accrued in connection with use of your Member Account and your indemnification obligations; (2) this Agreement’s provisions regarding Disclaimer of Warranties, Limitation and Release of Liability, Indemnification, Confidential Information, and Dispute Resolution, as well as its Miscellaneous Provisions, and all other provisions of this Agreement that, by their nature, should survive termination of this Agreement, will survive such termination; and (3) any rights, remedies, or licenses granted to GEHA under this Agreement will survive such termination.
Under California Civil Code Section 1789.3, GEHA is required to provide California residents with the following specific consumer rights information:
- GEHA’s Member Accounts are owned by: Government Employees Health Association, Inc., 310 NE Mulberry Street, Lee’s Summit, MO 64086.
- GEHA’s contact phone number is: 800-821-6136.
- No fees are charged for the use of GEHA’s Member Accounts.
- To file a complaint regarding GEHA’s Member Accounts or to receive further information regarding use of GEHA’s Member Accounts, please send a letter to: GEHA, Attn: Privacy Officer, 310 NE Mulberry St., Lee’s Summit, MO 64086; or contact us via email at email@example.com (with “California Resident Request” as the Subject Line).
- You also may contact California’s Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 800.952.5210.
Notice. GEHA may provide notice regarding your Member Account by email to the email address you provided us when you created your Member Account, or by postal mail to the address we have on record for you. GEHA may also provide notices regarding changes to this Agreement by posting information about upcoming changes to this Agreement on the home page of your Member Account.
Headings. Headings and captions in this Agreement are for convenience only and shall not be binding on either party.
Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, then such provision shall be eliminated or limited to the minimum extent possible such that the remaining provisions of this Agreement will continue in full force and effect.
Waiver. Any failure by GEHA to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver by GEHA of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
Transferability. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without the prior written consent of GEHA’s Privacy Officer, who can be reached via email at firstname.lastname@example.org. We may assign, transfer, or sublicense our rights and obligations under this Agreement to an acquirer upon any sale of all or a part of our business.
If you have questions relating to this Agreement, you can contact us via email at email@example.com. You also can write to us at GEHA, Attn: Privacy Officer, 310 NE Mulberry St., Lee’s Summit, MO 64086.