This Organization Access Agreement ("Agreement") is entered into by You and between HUMANA INC. ("Humana", "We", "Us" or "Our") and the Organization ("Organization", "You" or "Your" means a Provider, Provider Group, Employer, Employer Group, Agent, Broker, Agency, Brokerage firm or Subscriber or Member) named on this Application to Access Humana Health Care Plans’ Self-Service Web Functions ("Application"). Humana and You are sometimes hereinafter referred to individually as the "Party" or collectively as the "Parties".
This Agreement governs your use of the Humana Health Care Plans’ secured web self-service site ("Site") including, without limitation, all content and all self-service functions ("Services") made available to you through the Site. This Agreement includes the Terms and Conditions set forth below.
I, the electronically signing Controlling Authority, Access Administrator, or User, do hereby attest to the accuracy and completeness of the information provided by Organization in the on-line application and attest that I have the authority to, and hereby do, enter into this Agreement on behalf of Organization. Any individuals indicated on the on-line application are authorized by me to execute on behalf of the indicated Organization the Humana Health Care Plans’ self-service web functions and to access the data related to the listed Organization Identifiers.
I, the Controlling Authority, Access Administrator, or User represents and warrants that he, she or it is authorized to negotiate terms and conditions of agreements, including this Agreement and to execute such agreements on behalf of itself and the Organization and their respective independent contractors, subcontractors, and employees. In addition, I, the Controlling Authority, Access Administrator, or User represents and warrants that he, she or it is authorized to delegate access functionally to others.
If you are a subscriber or member, then please select the I Agree button on behalf of your individual family unit organization. Should you choose to allow others to access your information through Humana's Self-Service Web site then you will be bound by this agreement.
Terms and Conditions
- Controlling Authority is someone who has legal
authority to sign agreements for Organization and who has been identified as
such in a registration process.
- Access Administrator is someone designated by a
Controlling Authority to set-up and to maintain Users and has been identified
as such in a registration process.
- A User is a person who has registered to use the Site and that you have authorized to access or use the Services.
- Use. Your access to and use of the Services are
permitted by us solely for your internal use and benefit; any other access or
use is strictly prohibited.
- User Access. The Services will be accessible only to Users. In addition, each User must execute an on-line Confidentiality Agreement and an on-line Security Agreement ("User Agreements") before receiving access to the Services. You are responsible for all acts or omissions by Users, and for any liabilities, losses, damages, injunctions, suits, actions, fines, penalties, claims or demands of any kind or nature by or on behalf of any person, party or governmental authority incurred as a result thereof. You may enable Users by submitting the required information about them to us on this Application or later on a Change Request Form for Access to Humana Health Care Plans’ Self-Service Web Functions ("Change Request") or by any methodology adopted in
the future by Humana for access to the web self-service portals. A Controlling
Authority or Access Administrator may disable access to the Services by a User
at any time by oral or written request to us. You must request that we disable
access to the Services by a User when you have security concerns, including
but not limited to lost or stolen User ID and Password, disclosure of confidential
information, or fraudulent activity. . If we at any time discover any error or
omission in the information provided to us, we may, at our option, terminate
any User’s or Organization’s right to access and use the Site and the
- Security. We require each User to have unique information to identify himself/herself ("IDs")
when accessing or using the Services. Currently this unique information is a
User ID and Password and later may be a digital certificate. You are solely
responsible for (1) maintaining the strict confidentiality of the IDs assigned
to you and your Users, (2) instructing your Users to not allow another person
to use their IDs to access the Site or the Services, and (3) any charges,
damages, or losses that may be incurred or suffered as a result of your or
your Users’ failure to maintain the strict confidentiality of their IDs.
- Intellectual Property Ownership. You agree that
we (or third parties providing contents or services for the Site) own all
worldwide rights, titles and interests in and to the Site and all intellectual
property rights therein. All rights not expressly granted in this Agreement
are reserved to us. No other rights or licenses are conveyed or intended by
- General Disclaimers. THE SITE AND THE SERVICES
ARE PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS, AND YOUR USE THEREOF
IS AT YOUR OWN RISK.
- Indemnity. You agree to defend, indemnify and
hold us harmless against any losses, expenses, costs or damages (including our
reasonable attorneys’ fees, expert fees’ and other reasonable costs of
litigation) arising from, incurred as a result of, or in any manner related to
(1) your breach of the terms of this Agreement, (2) your unauthorized or
unlawful use of the Site or the Services, and (3) the unauthorized or unlawful
use of the Site or the Services by any other person using your Ids, and (4)
any breach or unauthorized use of this Site or the Services of any person or
entity that you delegate functions or User access to with regard to this Site
or the Services. and (5) any breach of confidentiality laws, rules, and
- Waiver. It is understood and agreed that no
failure or delay by the other party in exercising any right, power or
privilege hereunder shall operate as a waiver thereof, nor shall any single or
partial exercise thereof preclude any other or further exercise thereof or the
exercise of any other right, power or privilege hereunder.
- Delegation. It is understood and agreed that any
and all persons or entities that you delegate functions or User access to this
Site or the Services shall execute a separate Organization Access Agreement
with Humana prior to access to the Self Service Web