Effective date: September 12, 2021
Government Employees Health Association, Inc. and its affiliates and subsidiaries (collectively, "GEHA," "we," "us," or "our") is pleased to provide you with access to and use of our websites and mobile applications (a "Site"
Before Accessing and Otherwise Using GEHA's Sites, Please Read this Agreement Carefully.
Click on a link below to jump to a specific section of this Agreement:
I. Legally Binding Agreement
Please read this Agreement carefully before you use our Sites. 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 using our Sites, 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 use of our Sites,
and you must immediately stop accessing and using our Sites. Otherwise, by accessing and using our Sites, you are agreeing to be bound by this Agreement.
II. Eligibility to Use Our Sites
Our Sites are offered to and intended for use only by users who are 18 years of age or older and reside in the United States or any of its territories. By using our Sites, 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 use of our Sites, you must not access or use our Sites.
III. Additional Terms May Be Applicable
Certain services offered by or through GEHA Sites may be governed by additional terms and conditions presented in conjunction with such services ("Additional Terms"). You must agree to the Additional Terms before using such services. Any Additional
Terms are to be applied in addition to the terms in this Agreement. If any provision of the Additional Terms conflicts with any provision in this Agreement, the Additional Terms will prevail over the inconsistent provision in this Agreement solely
to the extent of the inconsistency.
IV. Changes to Agreement
GEHA reserves the right to revise and update this Agreement at any time in our sole discretion. We will provide advance notice of all such changes by posting information about upcoming updates to this Agreement on the home page of our Sites. All changes
are effective immediately when we post them (the "Effective Date" of the revised Agreement) and apply to all access to and use of the Sites thereafter. Any revised Agreement will supersede all previous versions of such Agreement, but changes
will not apply retroactively. If you do not agree to all terms set forth in any updated Agreement, then GEHA does not agree to your use of our Sites, and you must immediately stop accessing and using our Sites. Your continued access to and use of
the Sites following the posting of a revised Agreement means that you accept and agree to the changes. You are expected to periodically review this Agreement so you are aware of any changes, as they are binding on you.
This Agreement may not be orally modified. Neither you nor any individual GEHA employee are permitted to change the terms of this Agreement.
V. Lawful Use of Sites
You agree to use GEHA's Sites only for lawful purposes and in accordance with this Agreement. It is your responsibility to determine whether your use of our Sites is lawful, and you must comply with all applicable laws while using our Sites. You are not
permitted to use our Sites for any illegal purpose. Your access to our Sites is permitted on a temporary basis and is conditioned upon your adherence to the terms of this Agreement.
VI. General User Agreements
If you choose to remain on our Sites or to later return to our Sites, you agree that:
VII. Unauthorized or Use or Misuse of Sites
You agree that your right to access and use our Sites will cease immediately upon your violation of any of the terms set forth in this Agreement or upon any unauthorized use or misuse of our Sites, and that GEHA has total discretion to terminate your
account and/or your access to its Sites without further notice if you violate any terms or prohibitions set forth in this Agreement.
Unauthorized use and misuse of GEHA's Sites 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 Sites to law enforcement authorities.
VIII. Accessibility to Sites
GEHA reserves the right to amend or discontinue our Sites, and any service or material we provide on our Sites, in our sole discretion and without notice. GEHA affirmatively disclaims any liability for any occasions on which all or any part of our Sites
may be unavailable for your use. From time to time, we may restrict access to some parts of our Sites, or the entirety of our Sites, to registered users.
GEHA is committed to providing all individuals with the opportunity to access to our Sites. If you have difficulty accessing information on our Sites or you have limited English proficiency and require assistance, please contact 800.735.2966 (TTY) or
800.821.6136 for GEHA Customer Care.
IX. Site Content
GEHA's Sites, 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 Sites (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 Sites and to download, copy, or print one copy 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 should protect the confidentiality of any of your health information or other personal information that is accessible to you on any of our Sites, 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:
You agree that unless GEHA provides you with prior written authorization to do so, you will not:
All rights not expressly granted here are reserved by GEHA. If you would like to request GEHA's permission to use GEHA Content, email firstname.lastname@example.org.
The GEHA logo, Government Employees Health Association®, GEHA®, GEHA Connection Dental Discount®, GEHA Express®, GEHA Health Balance®, GEHA Holdings, Inc.®, GEHA
Connection Dental Federal®, Connection Dental Discount®, Connection Dental Network®, Connection Hearing®, Connection Dental®, Connection Dental Plus®, Connection
®, Connection Dental Rewards Program®, PPO USA®, Health E-Report®, The Benefits of Better Health®, any other GEHA trademarks, and all related names, logos, product and services
names, designs, and slogans are trademarks of GEHA or its affiliates or licensors. You may not use such marks without the prior written permission of GEHA. All other names, logos, product and service names, designs, and slogans on the Sites are the
trademarks of their respective owners.
XI. Blog Posts
The information provided through GEHA blogs on our Sites do not necessarily reflect the position of GEHA, our subsidiaries, or our affiliated companies. Such information is for general informational purposes only. We do not warrant the accuracy, completeness,
or usefulness of such information. Information provided through GEHA blogs should not be relied upon as professional advice. Any reliance you place on such information is strictly at your own risk. GEHA disclaims all liability and responsibility arising
from any reliance placed on such information by you or any other visitor to our Sites, or by anyone who may be informed of such information.
XII. No Solicitation
Our Sites are designed to provide general information about GEHA and our products and services. Information on our Sites, including product and service descriptions, if any, is not intended to constitute an offer to sell or a solicitation in connection
with any product or service. Some products may not be available in all areas.
XIII. Health Information Does Not Constitute Medical Advice
The health information contained in our Sites ("Health Content") is general in nature and is provided solely for informational purposes as a public service to promote consumer health. GEHA's Health Content cannot, and is not intended to, replace
the relationship that you have with your health care professionals. The Health Content on our Sites does not constitute medical advice and is not a substitute for proper medical care or advice provided by a health care professional. GEHA assumes no
responsibility for any circumstances arising out of the use, misuse, interpretation or application of any Health Content on our Sites. Always consult with your health care professionals for diagnosis and treatment, including information regarding
which drugs or treatment may be appropriate for you.
XIV. No Legal Advice Provided
Nothing contained, expressed, or implied in our Sites is intended as, or should be understood or construed as, legal advice, guidance, or interpretation. The information contained in our Sites is for general informational purposes only. If you have questions
about any law, statute, regulation, or requirement expressly or implicitly referenced in our Sites, you should contact your own legal counsel.
XV. Social Media and App Stores
GEHA's social media pages/channels (e.g., Twitter, Facebook, LinkedIn, YouTube) (collectively, "GEHA Social Media"), as well as the Apple App Store for iOS, the Google Play Store for Android, and other mobile application stores (collectively, "App
Stores"), which may contain reviews of GEHA mobile applications, are places where you may find more information about GEHA. The mention of specific products or services on GEHA Social Media or in App Stores does not constitute or imply a recommendation
or endorsement by GEHA, unless such recommendation or endorsement is explicitly stated by GEHA. Neither GEHA nor any of its subsidiaries are responsible for any content from any individuals or entities other than GEHA that are posted on or that otherwise
appear on GEHA Social Media or in App Stores, including but not limited to content and links posted by users or mobile application reviewers. GEHA does not control, endorse, or take responsibility for any third-party content and makes no representations
regarding the accuracy of content, opinions, claims, or advice shared by third parties on GEHA Social Media.
For your security, you should not post any personal or health information (such as your policy number, medical conditions, or medications) on GEHA Social Media. GEHA reserves the right to remove postings from GEHA Social Media that (1) are abusive, defamatory,
or obscene; (2) are intended to harass or threaten others; (3) are fraudulent, deceptive, or misleading; (4) are in violation of copyright or intellectual property laws; (5) infringe on another's rights; (6) contain advertising or SPAM; (7) promote
any particular agent, third-party distributor, direct marketing channel, products, or services not offered by GEHA; or (8) that GEHA otherwise deems inappropriate. GEHA reserves the right to ban and block individuals that post prohibited content on
GEHA Social Media and App Stores are subject to the terms and conditions of use for each individual social media website and App Store. Therefore, when visiting GEHA Social Media or App Stores, you should familiarize yourself with the applicable social
media website owners' (e.g., Twitter, Facebook, LinkedIn, YouTube) or the applicable App Store's posted terms and conditions of use. For additional information on GEHA Social Media, please review our Social Media Participation Guidelines.
XVI. Third Party Websites and Services
GEHA's Sites may contain or otherwise utilize links, third-party plug-ins, and/or applications ("Links"), that connect to third-party websites and resources ("Third-Party Resources"). Links are provided for your convenience only. The inclusion
of Links on our Sites 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 such Third-Party Resources, or any information
or materials posted on or made available by such Third Party-Resources. If you decide to access any of the Third-Party Resources through Links on our Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such
XVII. Updates to Mobile Applications
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 Sites 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 Sites and will be subject
to all terms and conditions in this Agreement.
XVIII. Privacy and Security
For information about our privacy practices regarding protected health information and medical information under the Health Insurance Portability and Accountability Act, please review our Notice of Privacy Practices.
XIX. Disclaimer of Warranties
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 Sites, including the substance, accuracy, or sufficiency of any service or product information listed on our Sites.
Your use of our Sites and any Resources available on or obtained through our Sites is at your own risk. Our Sites and any Resources available on or obtained through our Sites 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 our Sites. Without limiting the foregoing, neither GEHA nor any person associated with GEHA represents that our Sites or any Resources available on or obtained through our Sites will be accurate, reliable, error-free, or uninterrupted; that defects will be corrected; that our Site or the server that makes it available are free of viruses or other harmful components; or that our Sites or any Resources available on or obtained through our Sites 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 Sites are free of viruses and any other potentially destructive material. You are responsible for ensuring that any device you use to access our Sites and any Resources available on or obtained through our Sites is suitable for that purpose, e.g., devices that have not been modified from manufacture specifications. To the fullest extent permitted by applicable laws, GEHA will not be liable for any loss or damage resulting from your use of our Sites or Resources available on or obtained through our Sites.
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.
XX. Limitation and Release of Liability
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 Sites, any websites linked to our Sites, or any Resources available on or obtained through our Sites, 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, and 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 and that GEHA would not be willing to grant you the rights set forth in this Agreement but for your Agreement 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,
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 Sites 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.
XXII. Dispute Resolution
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 Sites (each individually a "Dispute"; collectively, "Disputes"), shall be governed by and construed and enforced in accordance with the internal laws of the State of Missouri, regardless of the location in which you reside or
where you access our Sites, 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
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.
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.
XXIII. Geographic Restrictions/Export Controls
Our Sites are controlled from GEHA's offices within the United States. We make no representation that our Sites or any Resources on our Sites are appropriate or available for use in locations outside of the United States.
Access to the Sites may not be legal by certain persons or in certain countries. Accessing GEHA's Sites from any location where such access is illegal is strictly prohibited. By accessing GEHA's Sites, you agree that you are not in a country in which
such access is prohibited. If you choose to access our Sites from locations outside the United States, you do so on your own initiative and you are responsible for compliance with all applicable foreign and domestic laws, including export control
Additionally, if you download any content from our Sites, in performing such download you agree that you are not in a country to which such export is prohibited. You further represent that no U.S. federal agency has suspended, revoked, or denied your
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 the Sites. If you are dissatisfied with the Sites, their Resources, or any of the terms and conditions of this
Agreement, your sole and exclusive legal remedy is to discontinue using the Sites.
If you breach any provision of this Agreement, then you may no longer use the Sites. GEHA may at any time, with or without notice, terminate or suspend your access to all or part of our Sites for any or no reason, including without limitation, 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 the Sites (and any unauthorized further use of the Sites), including payment of any charges accrued
in connection with use of the Sites and your indemnification obligations; (2) this Agreement's provisions regarding Disclaimer of Warranties, Limitation and Release of Liability, Indemnification, and Dispute Resolution, as well as its Miscellaneous
Provisions, will survive such termination; and (3) any rights, remedies, or licenses granted to GEHA under this Agreement will survive such termination.
XXV. Information for California Residents
Under California Civil Code Section 1789.3, GEHA is required to provide California residents with the following specific consumer rights information:
XXVI. Miscellaneous Provisions
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 our prior written consent. 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.
Entire Agreement. This Agreement constitutes the sole and entire agreement between you and GEHA regarding our Sites and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral,
regarding our Sites.
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.