Web Site Usage Agreement
FirstCarolinaCare Insurance Company
You ("you" or the "User") have a nonexclusive, nontransferable, limited and revocable right to use the web site solely for your personal educational, informational and entertainment use, subject to the terms and restrictions herein contained. You may not use the web site for any other purpose, including any commercial purpose, without FCC's express prior written consent.
The copying, uploading, posting transmitting or redistributing of this web site in any manner is strictly prohibited. Users may download one copy of such materials to an individual computer solely for personal, non-commercial use. All copyright and other notices appearing on such downloaded materials must be strictly preserved without any alteration or modification. You may not modify or prepare derivative works based upon the web site, or any element thereof, and you may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise attempt to access the source code to any software downloaded from the web site. You may not attempt to restrict or gain access to FCC confidential or proprietary information through this web site.
Links to Third Parties' Web Sites
FCC has provided links and pointers to web sites maintained by third parties ("third party sites"). FCC may from time to time provide third party materials on this site, which will be clearly marked as third party materials. Neither FCC nor its affiliated companies operate or control in any respect any information, products or services on third party sites. Third party sites do not constitute any offer to sell, or the solicitation of an offer to buy, any products or services offered by such entity, nor do such links constitute any endorsement, referral or other recommendation of any kind. The third party materials in this web site and the third party sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, FCC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness. FCC does not warrant or make any representations regarding the use or the results of the use of the third party materials in the third party sites in terms of their security, correctness, accuracy, reliability or otherwise.
Contracted third party vendors
FCC contracts with DST Health Solutions to bring you the ePower application. FCC does not exercise control over the content or functionality of this application. DST Health Solutions is solely responsible for the administration of this application and has its own privacy policies and usage conditions. According to DST Health Solutions, ePower© uses a digital certificate based server-side authentication to encrypt traffic between the browser (client) and the server using Secure Socket Layer. For more information on those subjects, please go to dsthealthsolutions.com. FCC does not warrant or make any representations regarding the use or the results of the use of this application in terms of security, correctness, accuracy, reliability or otherwise. FCC provides access to the ePower© application for your convenience and is not liable in any way for the services received. FCC reserves the right to discontinue access to ePower© at any time.
Reservation of rights
All rights, titles and interests in and to this web site are owned by FCC and its parent, FirstHealth of the Carolinas, Inc. All trademarks, service marks and trade names are also proprietary to FCC. None of the items mentioned herein may be used without the express written consent of FCC. All rights are reserved by FCC and its parent, FirstHealth of the Carolinas, Inc.
WARRANTY AND DISCLAIMER
THE WEB SITE AND ALL ELEMENTS THEREOF ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. FCC MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR SUITABILITY OF THE CONTENT CONTAINED ON THE WEB SITE. FCC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FCC DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE OR PERFORM IN A MANNER THAT IS UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEB SITE OR HOST SERVER WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. FCC MAKES NO WARRANTIES THAT THE INFORMATION PRESENTED ON THE WEB SITE IS CURRENT, UP-TO-DATE OR ACCURATE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, WILL FCC OR ANY OF ITS AFFILIATED COMPANIES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATING TO INACCURACIES OF WEB SITE INFORMATION, LOST DATA, COMPUTER FAILURE OR MALFUNCTIONING, OR OTHERWISE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT FCC IS NOT LIABLE FOR ANY UNAUTHORIZED USE OF THIS WEB SITE OR ILLEGAL CONDUCT OF USER. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE TO THIS ALLOCATION OF RISK IN RELATION TO YOUR USE OF THE WEB SITE. IF YOU DISAGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
FCC reserves the right to amend this Agreement at any time. The user is responsible for regularly reviewing these terms and conditions. Continued use of this web site following any such changes constitutes the user's acceptance of such amendments.
This web site is administered within the State of North Carolina, United States of America and makes no representation that these materials are appropriate or available for use in other locations. This Agreement shall be deemed to have been made in the State of North Carolina, and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the laws of the State of North Carolina without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts for the County of Moore, North Carolina for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement. Both parties hereby consent to the jurisdiction of the North Carolina courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.