General Terms of Use
General Terms of Use
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WPS GHA Portal - General Terms of Use
Reviewed March 1, 2023
Updated March 2, 2023
The WPS GHA Portal Website is composed of various web pages operated by Wisconsin Physicians Service Insurance Corporation (“WPS”). The capitalized term “Website” shall be defined herein to include wpsgha.com and all other web pages operated or hosted exclusively by WPS for health care providers in Medicare Jurisdiction 5 (“J5”) and Jurisdiction 8 (“J8”), including the transactional areas of the WPS GHA Portal that require user registration to access.
Acceptance of the General Terms of Use
Please read this agreement carefully before using this Website. By accessing this Website, you agree to be bound by the terms and conditions below and the processing of your personal data in accordance with our WPS Privacy Policy. If you do not wish to be bound by these terms and conditions, you should not access or use this Website. Please save and/or print a copy of these General Terms of Use and our Privacy Policy for your future reference.
Amendments to the General Terms of Use
WPS may amend these General Terms of Use from time to time. If we do, we will publish the changes on this Website. It is your responsibility to check the Website periodically for changes to these General Terms of Use. Your continued use of the Website following the posting of revised General Terms of Use means that you accept and agree to the changes.
User Obligations
You agree not to:
- use or access the Website, or any information accessed through the Website, for any fraudulent or unlawful purpose;
- use or access the Website to impersonate any person or entity;
- interfere with or disrupt the operation of the Website or access to it;
- transmit or otherwise make available in connection with the Website or access to it any virus, worm, Trojan horse, time bomb, spyware, or other harmful computer code, file, or program;
- restrict or inhibit the ability of any other person to access or use the Website;
- modify, adapt or translate any portion of the Website;
- remove, obscure or modify any copyright, trademark, or other proprietary rights notice from the Website; and
- obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website, including, but not limited to, data mining, robots, or similar data gathering and extraction tools.
Products and Services Void Where Prohibited
Although the information on this Website is accessible worldwide, not all services discussed in this Website are available to all persons or in all geographic locations or jurisdictions. To the extent permitted by law, WPS reserves the right to limit the provision of its services to any person, geographic area, or jurisdiction and to limit the quantities of any services that WPS provides. Any offer for any service made in the materials on this Website is void where prohibited and/or WPS is not licensed or admitted to do business. Nothing in this Website implies that WPS provides, or intends to provide, such services in your area, jurisdiction, state or country.
Indemnification
To the extent permitted by applicable law and without waiving sovereign immunity, you will hold WPS and its officers, directors, employees and agents harmless for any indirect, punitive, special, incidental or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and other forms of dispute resolution), whether in an action of contract, negligence or other tortious action, or arising out of or in connection with these General Terms of Use, including without limitation any claim for personal injury or property damage, arising from (i) your use of and access to the services portrayed on the Website; (ii) your violation of any of these General Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these General Terms of Use.
No Warranties
The Website is designed to provide general information about WPS and its administration of Medicare in J5 and J8, as well as access to eligibility and claims data as authorized. The eligibility and claims data displayed by the Transactional Areas originates from several third party (external) data centers, which are ultimately responsible for the data content provided to the Website and WPS does not guarantee the data will be error-free. Although WPS strives to ensure its accuracy and integrity, all information on this Website and documents available from this server are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. WPS does not represent or guarantee that your use of information or documents from this Website would not infringe privately owned rights.
Information on this Website may contain out of date information, technical inaccuracies and typographical errors. WPS assumes no responsibility or liability for damages incurred directly or indirectly arising out of any errors, omissions, or discrepancies. Information may be changed or updated by WPS at any time without notice. WPS may also make improvements and/or changes in the services described in this information at any time without notice.
The information on this Website is limited in nature and therefore may be incomplete. For example, it may not contain all of the applicable terms, conditions, limitations or exclusions of the services referenced.
The views and opinions of third-party authors published on this Website do not necessarily reflect those of WPS.
Intellectual Property Rights
All content included on this Website, such as text, graphics, logos, button icons, images, audio and video clips, and software, is either the exclusive property of WPS or duly licensed by third parties. All content is protected by United States of America and international copyright laws and all such rights are reserved. The content on this Website may be used as an informational resource only. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the contents on this Website is strictly prohibited.
The contents of this Website's pages, including, but not limited to, text, graphics, logos, button icons, images, audio and video clips, and software, are copyrighted materials owned and/or controlled by WPS and contain WPS's trademarks, service marks, and trade names. Users of this Website may download one copy of these materials on any single computer and print a copy of the materials for the user's use in learning about, evaluating, or acquiring WPS's services. No other permission is granted to any user to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials. No permission is granted to any user to use WPS's icons, site address, or other means to hyperlink other Internet sites with any page in this Website, and WPS assumes no responsibility, obligation or liability for any other party's website that is hyperlinked to this Website or in which any part of this Website has been hyperlinked.
All WPS trademarks are strictly owned by WPS, and nothing in these General Terms of Use can be construed to transfer ownership rights or grant any permission, license or other rights to any WPS trademark without written authorization from WPS.
Hyperlinks
This Website contains hyperlinks (“links”) to and frames of websites that are not maintained by WPS. WPS makes no representations whatsoever about any other website that may be accessed through or hyperlinked to this Website. Any non-WPS website is independent from WPS and WPS has no control over its content or privacy practices. While WPS tries to include only links to or frames of websites that are of good quality, WPS cannot guarantee that those websites will not change without WPS's knowledge. WPS’s inclusion of such links and frames in this Website is for your convenience only and does not imply WPS's endorsement or recommendation of the linked or framed websites or their content or privacy practices. WPS does not accept any responsibility, obligation or liability for damages arising out of your use of such non-WPS websites.
No Endorsement
No information, statements, links, or references to any specific commercial products, processes, or services by trade name, trademark, or manufacturer should be interpreted as an endorsement or recommendation by WPS.
Limitation of Liability
IN NO EVENT WILL WPS BE RESPONSIBLE OR LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON ANY INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WPS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This disclaimer of responsibility and liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. By using this Website, the user specifically acknowledges that WPS is not responsible or liable for any user's or any third party's defamatory, offensive, infringing, or illegal information, materials or conduct, and WPS reserves the right to remove such information or materials from this Website without liability.
Submissions
Any comments or materials sent to WPS, including, but not limited to, feedback data, questions, comments, suggestions, or the like, (collectively "Feedback") shall be deemed to be non-confidential and provided free and without fee, charge, or cost to WPS. WPS shall have no responsibility, obligation or liability of any kind with respect to such Feedback and shall be free to reproduce, delete, destroy, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, WPS shall be free to use any ideas, concepts, know-how, methodology, or techniques contained in such Feedback for any purpose whatsoever, including, but not limited to, developing and marketing products or services incorporating such Feedback.
Privacy and Personal Information
For information about WPS data protection practices, please read the WPS Privacy Policy. This policy explains how WPS treats your personal information, and protects your privacy, when you use the Website. You agree to the use of your data in accordance with the WPS Privacy Policy. If you become aware of any unauthorized use of your password or of your account, you must notify WPS immediately by calling our J5 or J8 Customer Service number. Click on “Security Incidents” in the webpage footer for additional information.
Governing Law
These General Terms of Use and any dispute or claim arising out of or in connection with the Website (including non-contractual disputes or claims) are subject to the laws of the State of Wisconsin, USA. You and WPS agree to submit to the exclusive jurisdiction of the courts located within Dane County, Wisconsin to resolve any legal matter arising from the use of the Website.
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