Organization Access Agreement

 

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

  1. Definitions.
  1. 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.
  2. 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 Services.
  3. 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.
  4. 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 this Agreement.
  5. 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.
  6. 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 regulations.
  7. 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.
  8. 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 site.