Site owned/maintained by Highmark Inc. and affiliates; use binds you to these Terms and monitoring
The Site is owned, made available and/or maintained by Highmark Inc. and/or its subsidiaries or affiliates (Highmark) or on their behalf. Anyone using the Site agrees to be bound by these Terms and consents to monitoring of that use by system, security or law enforcement personnel.
Supporting quotations
This website (Site) is owned, made available, and/or maintained by Highmark Inc., and/or by its subsidiaries or affiliates, (hereinafter Highmark) or on behalf of Highmark. Anyone using this Site agrees to be bound by the terms of use (the Terms) set forth below, and consents to the monitoring of this use by system, security or law enforcement personnel.
Qualifications & exceptions
The Terms bind "anyone using this Site".
Not stated here
Which specific subsidiary or affiliate hosts or maintains the Site is not identified.
Legal Rights & Agreement Rules · Context
These Terms contain an arbitration provision requiring individual arbitration and waiving jury trial and class actions
The opening notice states that these Terms contain an arbitration provision that requires arbitration on an individual basis, waives the right to trial by jury, and waives the right to participate in any purported class action or representative proceeding, for disputes within the scope of the Arbitration; Venue section.
Supporting quotations
Note that these Terms contain an arbitration provision that requires arbitration on an individual basis, waives your right to trial by jury, and waives your right to participate in any purported class action or representative proceeding in the event of disputes within the scope of the Arbitration; Venue section.
Qualifications & exceptions
The waiver applies to disputes within the scope of the Arbitration; Venue section.
Content & IP Rights · Permission or license
Limited personal, non-commercial license to copy and use Materials; design and layout excluded
Highmark grants a limited license to copy and use the materials, features and services provided on the Site (the Materials) solely for personal, non-commercial use, subject to these Terms. The design and layout of the Site are specifically excluded from the Materials, and no other use is authorized. Any copy of the Materials must retain all copyright and other proprietary notices.
Supporting quotations
Highmark hereby grants you a limited license to copy and use the materials, features and services provided by Highmark on this Site (collectively, the "Materials") solely for your personal, non-commercial use, subject to these Terms. The design and layout of the Site are specifically excluded from the Materials. No other use of the Site or Materials is authorized. You agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein.
Qualifications & exceptions
License is limited to personal, non-commercial use.
Design and layout of the Site are excluded from the Materials.
Account & Service Control · Restriction or exception
Use must comply with all laws; enumerated prohibited conduct on the Site
Use of the Site is subject to all applicable local, state, national and international laws and regulations, and the user agrees not to use the Site for purposes that violate them. The user also agrees to a list of prohibitions, including interfering with others' use; distributing infringing, unlawful, obscene, harassing or otherwise objectionable Content; distributing viruses or harmful files; using another's account or a false identity; sending spam or unsolicited mass email; attempting unauthorized access; interfering with networks or systems; and complying with U.S. laws on exporting technical data. The user is responsible for all use of their email address and must notify Highmark of unauthorized use.
Supporting quotations
Your use of the Site is subject to all applicable local, state, national and international laws and regulations, and you agree not to use the Site for purposes that violate such laws and regulations.
Qualifications & exceptions
Prohibitions are enumerated as (1)-(10) in the source.
Content & IP Rights · Restriction or exception
No transfer of intellectual property rights beyond the limited license
Products, services, technology and/or processes described or used on the Site may be subject to intellectual property rights reserved by Highmark or other third parties. Except for the limited license granted above, nothing is construed as conferring any license, title or ownership of any intellectual property right of Highmark or any third party, by implication, estoppel or otherwise.
Supporting quotations
The products, services, technology and/or processes described and/or used on this Site may be the subject of intellectual property rights reserved by Highmark or other third parties. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title or ownership of or to any intellectual property right of Highmark or any third party.
Qualifications & exceptions
Applies "by implication, estoppel or otherwise".
Legal Rights & Agreement Rules · Restriction or exception
Materials, information and services provided "as is" with no warranty
The Materials, information and services provided on the Site are provided "as is" without warranty of any kind, express or implied, including implied warranties of merchantability and fitness for a particular purpose, and with no warranty against interference with enjoyment or against infringement.
Supporting quotations
THE MATERIALS, INFORMATION AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT.
Qualifications & exceptions
Disclaimer covers both express and implied warranties.
Charges & Financial Obligations · Restriction or exception
Liability excluded; aggregate cap of $500 if limitation held unenforceable
Neither Highmark nor its officers, directors, employees or agents is liable for any direct, indirect, special, consequential, punitive, exemplary and/or incidental damages of any kind, including lost profits or attorneys' fees, arising from access to or use of the Site or reliance on its information, even if advised of the possibility. The limitation applies to all causes of action in the aggregate, including breach of contract, breach of warranty, negligence, strict liability, misrepresentation and other torts. If that limitation is held unenforceable or inapplicable, Highmark Health Services and its affiliates' aggregate liability shall not exceed $500.
Supporting quotations
NEITHER HIGHMARK NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES OR DISBURSEMENTS) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF HIGHMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT HIGHMARK HEALTH SERVICES AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500).
Qualifications & exceptions
Cap applies to Highmark Health Services and its affiliates, not Highmark generally, if the limitation is unenforceable.
Legal Rights & Agreement Rules · Restriction or exception
No responsibility for user or third-party content; user holds Highmark harmless
Neither Highmark nor its agents takes responsibility or assumes liability for any Content uploaded or otherwise transmitted by the user or any third party, or for mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, indecency, lewdness, harassment, threats, abuse or profanity encountered in using the Site. The user agrees to hold harmless Highmark and its agents and parties contracted for hosting or maintaining the Site from all claims based upon communications or materials made available by the user on the Site.
Supporting quotations
NEITHER HIGHMARK NOR ANY OF ITS AGENTS TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD HARMLESS HIGHMARK AND ITS AGENTS AND PARTIES WITH WHOM HIGHMARK HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.
Qualifications & exceptions
User agrees to hold harmless Highmark and its agents and hosting/maintenance contractors.
Content & IP Rights · Company practice
Documents on the Site may be protected by U.S. and foreign copyright; Highmark retains rights
All documents available on the Site may be protected under U.S. and foreign copyright laws; permission to reproduce may be required. Highmark retains all rights to the information provided on the Site, including the right of distribution.
Supporting quotations
All documents available on this Site may be protected under the U.S. and Foreign Copyright Laws. Permission to reproduce may be required. Highmark retains all rights to the information provided on this Site, including, but not limited to, the right of distribution.
Qualifications & exceptions
Permission to reproduce "may be required".
Legal Rights & Agreement Rules · Context
Pennsylvania law governs transactions or occurrences arising from the Site
Any transaction or occurrence arising out of accessing, transmitting or viewing any information on the Site is governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding any conflict of laws provisions.
Supporting quotations
Any transaction or occurrence arising out of accessing, transmitting or viewing any information on this Site shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania (excluding any conflict of laws provisions).
Qualifications & exceptions
Conflict of laws provisions are excluded.
Legal Rights & Agreement Rules · Context
Arbitration provision survives termination; class-action waiver invalidity severs only that provision
The arbitration provision survives termination of these Terms. Arbitration uses a neutral arbitrator, may allow more limited discovery than court, and is subject to very limited court review; a party may be represented by a lawyer or proceed without one. If the class action waiver provision is found invalid, only that specific invalid provision is unenforceable and severed, and the remainder of the arbitration provisions remain in full force.
Supporting quotations
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, WHICH MAY ALLOW FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS OF SERVICE. IF, HOWEVER, THE CLASS ACTION WAIVER PROVISION BELOW IS FOUND INVALID, THEN THE SPECIFIC INVALID PROVISION WILL BE UNENFORCEABLE AND WILL BE SEVERED AND THE REMAINDER OF THE ARBITRATION PROVISIONS WILL REMAIN IN FULL FORCE.
Qualifications & exceptions
Severance applies only if the class action waiver is found invalid.
Legal Rights & Agreement Rules · Restriction or exception
Most Claims resolved by one AAA arbitrator under Consumer Arbitration Rules; Highmark IP Claims excluded
Except as otherwise described, any Claim by either party arising out of or relating to these Terms, additional terms on the Site (including the Privacy Policy and GDPR Statement), use of the Site, or products/services accessed through the Site is resolved by a single impartial arbitrator under AAA Consumer Arbitration Rules. Each Claim must be brought solely by the individual, not as part of a class. Claims brought by Highmark relating to protecting its intellectual property or intellectual property rights, including infringement claims, are not subject to the arbitration provision.
Supporting quotations
Except as may be otherwise described herein, any dispute, cause of action, controversy or claim (“Claim”), by either party, arising out of or relating to: i) these Terms of Service, ii) Any additional terms and conditions contained on the Site (including but not limited to the Privacy Policy and GDPR Statement), iii) your use of the Site, and iv) any products and/or services accessed within or through the Site, shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its Consumer Arbitration Rules. As further stated in the No Class Actions section below, each such Claim shall be brought, in any arbitration or other legal proceeding, solely by you as an individual and not as part of, or as a representative of, a class. Notwithstanding anything the contrary, any Claim brought by Highmark that relates to Highmark protecting or related to its intellectual property or intellectual property rights, including Claims alleging infringement of its intellectual property rights, shall not be subject to this Arbitration Provision.
Qualifications & exceptions
IP claims by Highmark are carved out of arbitration.
Not stated here
The Privacy Policy and GDPR Statement are referenced but not supplied.
Legal Rights & Agreement Rules · Restriction or exception
No class, collective or representative arbitration or actions; no consolidation
Any Claims or arbitration take place on an individual basis; each party may bring Claims only in its individual capacity, not as plaintiff or class member in any purported class or representative proceeding. Class arbitrations and class actions are not permitted, and the parties waive the ability to participate in or pursue claims on a collective, consolidated or representative basis to the maximum extent permitted by law. The arbitrator may not consolidate more than one person's claims or preside over a representative or class proceeding, and the AAA Supplementary Rules for Class Arbitrations and Mass Arbitration Supplementary Rules do not apply. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary for that individual claim.
Supporting quotations
YOU AGREE THAT ANY CLAIMS OR ARBITRATION UNDER THESE TERMS OF SERVICE WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND WE ARE AGREEING TO GIVE UP AND WAIVE THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION, CLASS ACTION, OR TO PURSUE ANY CLAIMS ON A COLLECTIVE OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your or our claims respectively, and may not otherwise preside over any form of a representative or class proceeding. For the avoidance of doubt, the parties further expressly agree that the Supplementary Rules for Class Arbitrations and any Mass Arbitration Supplementary Rules or procedures of AAA (or any similar rules or procedures of any arbitral institution) shall not apply to any arbitration commenced under these Terms of Service, and the arbitrator shall have no authority to conduct any arbitration on a class, collective, representative, or mass basis, or to consolidate or join the claims of multiple parties.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Qualifications & exceptions
AAA class/mass arbitration supplementary rules do not apply.
Legal Rights & Agreement Rules · Restriction or exception
Both parties waive the right to a jury trial on Claims
By agreeing to these Terms, both the user and Highmark waive the right to a jury trial on any Claims, and agree that all Claims are resolved by final and binding individual arbitration.
Supporting quotations
By agreeing to these Terms of Service, both you and Highmark are waiving the right to a jury trial on any Claims. You and Highmark agree that all Claims shall be resolved by final and binding individual arbitration.
Qualifications & exceptions
Applies to both user and Highmark.
Legal Rights & Agreement Rules · Procedure
30-day written notice to Highmark's law department before commencing arbitration
The user agrees to notify Highmark in writing of any arbitrable Claim within 30 days of the date the Claim arises, so the parties can attempt good-faith informal resolution. Notice must be sent by certified mail or courier to Allegheny Health Network, 120 Fifth Avenue Place, Law Department, Pittsburgh, PA 15222, and include the user's name, address, telephone number and email if any; a brief description of the Claim; the amount of money at issue if any; and the specific relief sought. If the parties cannot resolve the Claim within 30 days after notice is received, either may commence an arbitration proceeding with a written demand.
Supporting quotations
In addition, you agree to notify Highmark in writing of any arbitrable Claim within thirty (30) days of the date the Claim arises, so that the parties can attempt in good faith to resolve the Claim informally. Notice to Highmark shall be sent by certified mail or courier to: Allegheny Health Network, 120 Fifth Avenue Place, Law Department, Pittsburgh, PA 15222. Your notice must include: (i) your name, address, telephone number, and, if any, an email address at which you can be contacted; (ii) a brief description of the Claim; (iii) the amount of money, if any, at issue in the Claim; and (iv) the specific relief you are seeking.
Qualifications & exceptions
30-day notice period runs from when the Claim arises.
Legal Rights & Agreement Rules · Restriction or exception
Claims must be filed within one year or are barred
The user agrees that, regardless of any statute or law to the contrary, any Claim brought by the user must be filed within one year after the Claim arose, or the Claim is forever barred. The Terms note this may be shorter than allowed under otherwise applicable law.
Supporting quotations
You agree that regardless of any statute or law to the contrary, any Claim brought by you must be filed within one (1) year after such Claim arose or such Claim will forever be barred. Note that this may be a shorter time period than allowed under otherwise applicable law.
Qualifications & exceptions
May be shorter than otherwise applicable law.
Legal Rights & Agreement Rules · Procedure
Arbitration in Pittsburgh, PA; confidential, expedited, desk-only; PA courts exclusive for enforcement
Arbitration is conducted in Pittsburgh, Pennsylvania. All submissions, proceedings and the award are confidential. Arbitration is conducted on an expedited basis with minimal discovery and proceeds desk-only unless otherwise ordered or agreed. The arbitrator's award is final and binding. The courts of the Commonwealth of Pennsylvania and/or the U.S. District Court for the Western District of Pennsylvania have exclusive jurisdiction and venue over actions concerning enforcement of an arbitration award, or, if arbitration is not permitted by law, over any Claim arising from these Terms. The user agrees to submit unconditionally and irrevocably to that jurisdiction and venue.
Supporting quotations
The arbitration shall be conducted in Pittsburgh, Pennsylvania. All submissions to the arbitrator, the proceedings, and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery and will proceed desk-only unless otherwise ordered or agreed. The arbitrator’s award shall be final and binding. The courts of the Commonwealth of Pennsylvania and/or the United States District Court for the Western District of Pennsylvania shall have exclusive jurisdiction and venue over (a) any action concerning the enforcement of an arbitration award, or (b) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Service. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise.
Qualifications & exceptions
Desk-only unless otherwise ordered or agreed.
Charges & Financial Obligations · Procedure
Each party bears its own costs and fees; arbitrator may award fees; frivolous claims trigger fee award
Each party bears its own costs and attorneys' fees in any arbitration, except as otherwise set forth, and except that the arbitrator may award costs and reasonable attorneys' fees to the prevailing party. If the arbitrator determines a claim or defense was frivolous or brought in bad faith, or that a party's conduct was dilatory, vexatious or otherwise unreasonable, the arbitrator shall award the other party its costs, expenses and reasonable attorneys' fees incurred as a result.
Supporting quotations
Each party shall bear its own costs and attorneys’ fees incurred in any arbitration, except as set forth herein, and except that the arbitrator may, in the arbitrator’s discretion, award costs and reasonable attorneys’ fees to the prevailing party. Notwithstanding the foregoing, if the arbitrator determines that a claim or defense was frivolous or brought in bad faith, or that a party’s conduct during the arbitration was dilatory, vexatious, or otherwise unreasonable, the arbitrator shall award the other party its costs, expenses, and reasonable attorneys’ fees incurred as a result of such conduct.
Qualifications & exceptions
Fee award for frivolous/bad-faith conduct is mandatory ("shall award").
Legal Rights & Agreement Rules · Restriction or exception
No punitive or consequential damages in arbitration; AAA Optional Appellate Arbitration Rules adopted
In any arbitration arising out of or related to a Claim, the arbitrator shall not award punitive or exemplary damages, nor incidental, indirect or consequential damages, damages for lost profits or other equivalent damages. The parties adopt and agree to implement the AAA Optional Appellate Arbitration Rules as they exist on the effective date of these Terms with respect to any final award.
Supporting quotations
In any arbitration arising out of or related to a Claim, the arbitrator shall not award punitive or exemplary damages. In any arbitration arising out of or related to a Claim, the arbitrator shall not award any incidental, indirect, or consequential damages, damages for lost profits, or other equivalent damages. The parties adopt and agree to implement the AAA Optional Appellate Arbitration Rules (as they exist on the effective date of these Terms of Service) with respect to any final award in an arbitration arising out of or related to a Claim.
Qualifications & exceptions
Adopts AAA Optional Appellate Arbitration Rules as of the effective date.
Legal Rights & Agreement Rules · Restriction or exception
No joinder or consolidation of arbitrations; arbitrator cannot join third parties
No arbitration is joined with any other arbitration proceeding, and there is no right or authority for Claims to be arbitrated on a joint or consolidated basis or in a representative capacity on behalf of the general public or other claimants. The arbitrator has no power to join any third party without the express written consent of all parties. Any dispute regarding the applicability or enforcement of this joinder prohibition is resolved exclusively by the arbitrator.
Supporting quotations
No arbitration shall be joined with any other arbitration proceeding, and there shall be no right or authority for any Claims to be arbitrated on a joint or consolidated basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other claimants, or other persons similarly situated. The arbitrator shall have no power to join any third party to the arbitration without the express written consent of all parties. Any dispute regarding the applicability or enforcement of this joinder prohibition shall be resolved exclusively by the arbitrator.
Qualifications & exceptions
Arbitrator cannot join third parties without all parties' express written consent.
Legal Rights & Agreement Rules · Restriction or exception
Arbitration proceedings and awards are confidential
The parties must maintain the confidential nature of the arbitration proceeding, including the hearing and any decision or award, except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Supporting quotations
The parties shall maintain the confidential nature of the arbitration proceeding, including the hearing, and any decision or award, except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Qualifications & exceptions
Exceptions: court application for preliminary remedy, judicial challenge/enforcement, or legal requirement.
Legal Rights & Agreement Rules · Permission or license
Either party may sue in court to enjoin IP infringement or misuse, or where injunctive relief is appropriate
Notwithstanding anything to the contrary, the user and Highmark both agree that either may sue in a court of jurisdiction to enjoin infringement or other misuse of intellectual property rights, or in other scenarios where injunctive relief is appropriate.
Supporting quotations
Notwithstanding anything to the contrary, you and Highmark both agree that you or Highmark may sue in a court of jurisdiction to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate.
Qualifications & exceptions
Carves out injunctive relief from the arbitration requirement.
Legal Rights & Agreement Rules · Restriction or exception
Invalid terms are severed to the minimum extent; waivers remain valid; confidentiality duty survives
Except as otherwise stated in the disputes section, if any term, clause or provision of the arbitration provision is held invalid or unenforceable, it is so held to the minimum extent required by law, and all other terms remain valid and enforceable. The waivers are severable from the Terms and remain valid and enforceable except as prohibited by applicable law. Any duty of confidentiality survives such severance.
Supporting quotations
Except as otherwise stated in this DISPUTES, ARBITRATION, AND CLASS ACTION WAIVER; VENUE section, if any term, clause, or provision of this Arbitration Provision is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses, and provisions of this section will remain valid and enforceable. Further, the waivers set forth in this Arbitration Provision are severable from the provisions of these Terms of Service and will remain valid and enforceable, except as prohibited by applicable law. However, any duty of confidentiality whether or not such duty is connected with arbitration shall survive such severance.
Qualifications & exceptions
Confidentiality duty survives severance.
Legal Rights & Agreement Rules · Restriction or exception
No representation that Materials are appropriate or available outside the United States
Neither Highmark nor its agents makes any representation that Materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who access the Site from other locations are responsible for compliance with local laws.
Supporting quotations
Neither Highmark nor any of its agents makes any representation that Materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations other than within the United States are responsible for compliance with local laws.
Qualifications & exceptions
Access from territories where contents are illegal is prohibited.
Legal Rights & Agreement Rules · Restriction or exception
User indemnifies Highmark for liabilities arising from use or misuse of the Site
Upon Highmark's request, the user agrees to defend, indemnify and hold harmless Highmark and its employees, contractors, officers, directors and agents from all liabilities, claims and expenses, including attorneys' fees and disbursements, arising from the user's use or misuse of the Site. Highmark reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which event the user will cooperate in asserting available defenses.
Supporting quotations
Upon a request by Highmark, you agree to defend, indemnify and hold harmless Highmark and its employees, contractors, officers, directors and agents from all liabilities, claims and expenses, including attorneys' fees and disbursements, that arise from your use or misuse of this Site. Highmark reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Highmark in asserting any available defenses.
Qualifications & exceptions
Highmark may assume exclusive defense and control at its own expense.
Account & Service Control · Permission or license
Highmark may remove materials and terminate access without notice for violations
If Highmark determines the user has violated these Terms, Highmark has the right to immediately remove any materials the user has placed on the Site and/or terminate the user's access to the Site, without prior notice, and/or pursue any other remedies available under applicable law.
Supporting quotations
In the event Highmark determines, that you have violated these Terms, Highmark shall have the right to immediately remove any materials you have placed on the Site and/or terminate your access to the Site, without prior notice to you, and/or pursue any other remedies available to it under applicable law.
Qualifications & exceptions
Removal and termination may occur without prior notice.
Legal Rights & Agreement Rules · Restriction or exception
Links to and from third-party sites; no endorsement or liability; links may be terminated
The Site may provide links or references to other sites. Neither Highmark nor its agents has responsibility for the content of those sites, makes representations or gives warranties about their information, or is liable for damages or injury arising from their content, and neither endorses companies or products to which links are provided. Links are provided as a convenience and the user accesses third-party sites at their own risk. Highmark reserves the right to terminate any link or linking program at any time. Where access to the Site is provided by a link on another website, neither Highmark nor its agents makes representations or gives warranties about that other site's information or is liable for damages or injury arising from its content, and neither endorses the individuals, companies or entities providing the link or their products, services or materials.
Supporting quotations
This Site may provide links or references to other sites. Neither Highmark nor any of its agents has any responsibility for the content of these other sites, makes any representations or gives any warranties with respect to any information contained in or at these other sites, or shall be liable for any damages or injury arising from the content of these other sites. Neither Highmark nor any of its agents endorses companies or products to which it has provided links. Any links to other sites are provided merely as a convenience to the users of this Site and, if you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk. Highmark reserves the right to terminate any link or linking program at any time.
There may be circumstances where access to this Site is provided by a link located at another website. Neither Highmark nor any of its agents makes any representations or gives any warranties with respect to any information contained in or at these other sites, and neither Highmark nor any of its agents shall be liable for any damages or injury arising from the content of these other sites. Neither Highmark nor any of its agents endorses the individuals, companies or other similar entities, or any products, services or materials associated with such individuals, companies, or other similar entities, that provide a link to this Site.
Qualifications & exceptions
Highmark may terminate any link or linking program at any time.
Legal Rights & Agreement Rules · Permission or license
Highmark may revise the Terms at any time by updating the posting; use binds you to revisions
Highmark has the right to revise these Terms at any time by updating this posting. By using the Site, the user agrees to be bound by any such revisions and should periodically visit the Site to determine the then-current Terms to which they are bound.
Supporting quotations
Highmark shall have the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.
Qualifications & exceptions
Revisions take effect by updating the posting; no other notice is described.