Cigna's Online Portal for Employers and Plan Sponsors Legal
Disclaimer
Last revised: 5/29/2020
By using Cigna's Online Portal for Employers and Plan Sponsors (the "Secured
Site"), you agree to the following terms and conditions. Your continued access or
use of the Secured Site shall be deemed your acceptance of this Legal Disclaimer.
Definitions; Products and Services Provided by Cigna Corporation
Subsidiaries "Cigna®" is a registered service mark of Cigna
Intellectual Property, Inc. licensed for use by Cigna Corporation and its subsidiaries. Cigna
Corporation is a holding company and is not an insurance or an operating company. Therefore,
products and services are provided exclusively by subsidiaries and not by Cigna Corporation.
"Cigna" may refer to Cigna Corporation itself or one or more of its subsidiaries, but when used
in connection with the provision of a product or service, always refers to a
subsidiary.
Cigna Content and Others' Content While using the Secured Site, you may
access certain social media and other websites, services or applications with a different look
and feel. If such website, service or application is operated by Cigna, it will display the
Cigna brand and be subject to our Privacy Information and this Legal Disclaimer. If such
website, service or application is not operated by Cigna (a "Non-Cigna Site"), Cigna does not
review, control or endorse the content and accuracy of any such Non-Cigna Site and therefore
will not be responsible for its content or accuracy. Also, while using or accessing Non-Cigna
Sites, you may have information displayed or collected about you based on certain user
controlled settings or according to the privacy policies of the Non-Cigna Sites. The privacy
policies of Non-Cigna Sites may not be the same as Cigna’s Privacy Information. Your
access to Non-Cigna Sites is at your sole risk.
Site Administration and Plan Sponsor Use Note: This section applies
only if you have access to the Site Administration tool.
The Site Administration tool is furnished by Cigna to provide plan sponsors (including similarly
situated entities that are not sponsors of benefit plans), their employees and agents, with a
tool for administering security for their users of certain Cigna online services.
Cigna User IDs and Passwords should NEVER be shared. Plan sponsors are fully and solely
responsible for all activities performed under the security administrator User ID(s) and
Password(s) issued to the plan sponsor, and under the User IDs and Passwords of other users to
whom the plan sponsor delegates access. Cigna is entitled to rely on all activities utilizing
the security administrator User ID(s) and Password(s) until notified in writing by the plan
sponsor to the contrary. Plan sponsors are also fully and solely responsible for adding and
deleting access for employees and agents as they change employment and responsibilities.
Notwithstanding the foregoing, once the plan sponsor or employer terminates its relationship
with Cigna, we reserve the right to terminate access in accordance with applicable policy or
agreement in effect with such plan sponsor or employer. This agreement addresses
only the use of the Secured Site and does not change anything in any other agreement between
Cigna and the plan sponsor or plan sponsor's employees and agents. Information
processed by the Site Administration tool and the Secured Site should be treated as
confidential. Such information may not be used or disclosed to any party except as expressly
authorized herein.
Health Information Health information available through the Secured Site
is provided by Cigna solely for informational purposes as a public service to promote consumer
health. It does not constitute medical advice and is not intended to be a substitute for proper
professional medical care. Always consult your physician for appropriate examinations,
treatment, testing and care recommendations. Do not rely on this health information as a tool
for self-diagnosis. Any messages, advice, opinions or other information contained in any
discussion area should not be construed as professional advice or instruction.
Forward-Looking Statements The Secured Site may, from time to time,
contain forward-looking statements that include information about Cigna's financial prospects,
plans and objectives of management for future operations, economic conditions, trends and known
uncertainties. Cigna cautions you that actual results could differ materially from those that
Cigna expects, depending on the outcome of certain factors. In some cases, Cigna describes
uncertainties when offering forward-looking statements. Some factors that could cause Cigna's
actual results to differ materially from forward-looking statements ("Risk Factors") are listed
in the most recent Form 10-K or Form 10-Q Cigna filed with the Securities and Exchange
Commission (SEC). Cigna does not undertake any obligation to correct or update any
forward-looking statements on the Secured Site. Cigna also cautions you that the list of Risk
Factors that appears in the most recent Form 10-K or Form 10-Q Cigna filed with the SEC may be
modified by any subsequent SEC filings, such as reports on Form 8-K, proxy statements and other
SEC filings. Cigna will not update the Risk Factors listed in any of Cigna's SEC filings prior
to the next required SEC filing. The list of Risk Factors provided in any Cigna SEC filing may
not be complete and speaks only as of the date filed with the SEC.
Social Networking Media
Your use of social networking media, including but not limited to participation in or use of
blogs, threaded discussions, message boards and wikis (“Social Media”), is
conditioned upon your compliance with the following:
- Do not post or transmit any unlawful, threatening, abusive, libelous, defamatory, racist,
obscene, vulgar, pornographic, profane or indecent information. This includes, without
limitation, any transmissions that are or that encourage illegal conduct. This ban includes
anything that would constitute a criminal offense, give rise to civil liability or otherwise
violate any local, state, national or international law.
- Never post or transmit comments containing harassing or offensive language, using sexual
references, sexual nicknames, racial slurs or rude or deliberately offensive comments.
- Do not engage in disruptive activity online, including excessive use of scripts, sound waves
or scrolling (repeating the same message over and over).
- Do not post or transmit any information, software or other material that violates or
infringes the rights of others. This prohibition includes material that constitutes an
invasion of privacy or publicity rights permission from the owner.
- Never post or transmit any information, software or other material that contains a virus,
worm, Trojan horse or other code that has contaminating or destructive properties.
- Do not post any information, software or other material for commercial purposes.
- Do not solicit other users to join or contribute money to any online service or other
organization, or advocate or attempt to persuade users to join in legal or illegal schemes.
- Never pretend to be any other person or entity. Site users also may not falsely represent
their professional or other affiliation with any person or entity.
- Do not use the Secured Site to collect personally identifiable information in violation of
the policies contained in the Cigna Privacy
Information.
You agree that Cigna, at our sole and absolute discretion, determines whether any information
transmitted or received violates this provision.
You also agree to indemnify and hold Cigna and our employees, officers, directors and agents
harmless from any claim or demand, including reasonable attorneys' fees, made by a third party
arising from any information or material you contribute to the Social Media you access via the
Secured Site.
Cigna has no obligation to monitor Social Media. But we reserve the right to monitor any and all
information transmitted or received through the Secured Site. Cigna may examine, record, copy
and use any information on the Secured Site in accordance with the Cigna Privacy Information. We reserve the
right, in our sole and absolute discretion to remove any information or materials, in whole or
in part, from Social Media.
When using the Secured Site or Social Media, please be certain that anything you disclose does
not compromise your personal safety. Please don't provide your name, phone number, social
security number or any other personally identifying information to people you do not know. Don't
continue any conversation online that makes you feel uncomfortable. Protect your safety and
privacy.
General Disclaimer and Limitation of
Liability Information on this Secured Site is provided "AS IS" and without
warranties of any kind, either express or implied, including, but not limited to, the implied
warranties of merchantability, fitness for a particular purpose, or non-infringement. All
information is presented without any warranty as to its reliability, accuracy, timeliness,
usefulness or completeness. Cigna does not warrant that access to the Secured Site will be
uninterrupted or error-free. You agree to use the Secured Site at your own risk. Cigna assumes
no responsibility for any circumstances arising out of the use, misuse, interpretation, or
application of any information supplied on this site. You agree by accessing the Secured Site
that under no circumstances or any theories of liability under international or civil, common or
statutory law including but not limited to strict liability, negligence or other tort theories
or contract, patent or copyright laws, will Cigna be liable for damages of any kind occurring
from the use of the Secured Site or any information, goods or services obtained through the
Secured Site, including direct, indirect, consequential, incidental or punitive damages (even if
Cigna has been advised of the possibility of such damages), to the fullest extent permitted by
law. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of
these limitations may not apply to you.
We reserve the right to suspend or terminate access to the Secured Site to address non-compliance
with this Legal Disclaimer or applicable law, or to protect the integrity, availability or
security of the Secured Site. We also reserve the right to terminate your access if you have not
accessed the Secured Site in 12 months.
Web-Enabled Mobile or Handheld Devices
Certain web and smartphone applications of the Secured Site have been designed to run on a
personal computer, standard laptop or web-enabled mobile device. If you view or use the Secured
Site on a mobile or handheld device you may experience some display and functionality
limitations. You may experience varying wireless network coverage and speed, depending on your
geographic location and telecommunications provider. The Secured Site should not be used
while operating any motor vehicle, or in any other manner that might endanger yourself or
others.
If your mobile device uses global positioning system (“GPS”) technology, trackers, or
other location tracking tools, your location information may be used for purposes of determining
your location when using a function on the Secured Site that uses such information. While using
the Secured Site, if you allow your location information to be obtained, we will use this
information solely to return your estimated location and to provide you with more personalized
results and/or services. Cigna does not monitor your GPS tracking or location information, and
does not save this information. We will not use this information to identify you or
disclose this information to any third parties.
By using the Secured Site you expressly agree and acknowledge that Cigna shall not be responsible
for any of the following: (a) performance limitations and/or failures experienced in connection
with any wireless or Wi-Fi service used to access the Secured Site; (b) data transmitted through
wireless access that may be intercepted by unauthorized persons; or (c) your failure to
physically secure and/or monitor your personal computer, laptop or wireless device or to protect
your passwords, resulting in unauthorized access to the Secured Site and/or your Cigna account
or plan information.
While using any web-enabled mobile or handheld device to use the Secured Site, standard mobile
phone carrier and data usage charges will apply. You expressly agree and acknowledge that the
use of any mobile or handheld device is at your sole risk and shall be in accordance with all
applicable local, state and federal laws.
Updates and Reverse Engineering By using the Secured Site, you agree to
receive any applicable software updates that may be issued from time to time by Cigna. You agree
to accept and install such updates as part of your use of the Secured Site. You also agree not
to reverse engineer, modify, decompile, adapt, translate, disassemble, or otherwise attempt to
discover the source code of the Secured Site and/or any Cigna application.
Viruses, Worms, Use of Files Cigna cannot and does not guarantee or
warrant that files available for downloading from this site are free of viruses, worms, Trojan
horses or other code that has contaminating or destructive properties. Cigna does not make any
express or implied warranties, representations or endorsements whatsoever (including without
limitation warranties of title, noninfringement or fitness for a particular purpose) with
respect to the files available for downloading from this site. In no event will Cigna be liable
to you or to anyone else for any decision made or action taken by you or anyone else in reliance
on results obtained from use of files downloaded from this site. These files may be downloaded
and/or reprinted for personal use only. Permission to reprint or electronically reproduce any
document or graphic in whole or in part for any reason except for personal use is expressly
prohibited, unless prior written consent is obtained from the appropriate copyright
holder.
Minors and Child Online Privacy Protection Act The Secured Site does not
direct content to Minors and does not intend to collect personal information from Minors and,
therefore, is not subject to the Child Online Privacy Protection Act. If you allow your minor
child, or a child for whom you are legal guardian (a "Minor"), to access and use the Secured
Site, you agree that you will be solely responsible for: (i) the online conduct of such Minor;
(ii) monitoring such Minor's access to and use of the Secured Site; (iii) the consequences of
any use.
Privacy Cigna
Privacy Information and the privacy statements and practices of non-Cigna web sites
may be different. Please review the Cigna Privacy Information and each privacy statement
applicable to non-Cigna content that you may visit from the Secured Site.
The Digital Millennium Copyright Act Cigna reserves the right, but not the
obligation, to terminate your access to the Secured Site if it determines in its sole and
absolute discretion that you are involved in infringing activity, including alleged acts of
first-time or repeat infringement, regardless or whether the material or activity is ultimately
determined to be infringing. Cigna and its service providers accommodate and do not interfere
with standard technical measures used by copyright owners to protect materials. Cigna has
implemented procedures for receiving written notification of claimed infringements and for
processing such claims in accordance with the Act. Our designated agent to receive notification
of claimed infringement is:
Troy Larson Cigna 1601 Chestnut St-Two Liberty,
TL7LH Philadelphia, PA 19192 215.761.6221
Any written notice regarding any infringement of copyright or of other proprietary rights, should
be sent to our designated agent, listed above, and must include the following information:
- Physical or electronic signature of a person authorized to act on behalf of (i) the owner of
an exclusive right that is allegedly infringed or (ii) the person defamed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification, a
representative list of such works at that site.
- Identification of the material that is claimed to be infringing, or to be the subject of
infringing activity, including information reasonably sufficient to permit us to locate the
material.
- Information reasonably sufficient to permit us to contact you, such as your address,
telephone number, and/or electronic mail address.
- A statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright or other proprietary right owner, its
agent, or the law.
If you choose to access the Secured Site from outside the United States you do so on your own
initiative and are responsible for compliance with U.S. and local laws, if and to the extent
that local laws are applicable. Software is subject to United States export controls. No
software may be downloaded or otherwise exported or re-exported (i) into (or to a national
resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S.
has embargoed goods, or (ii) to anyone on the U.S. Treasury Department list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. You represent and
warrant that you are not located in, under the control of, or a national resident of any such
country or on any such list. You agree to comply with U.S. export control laws and that you will
not transfer any software or other content from the Secured Site to a foreign national or
foreign country in violation of those laws.
Product Descriptions - Not Available in all States The product
descriptions, if any, provided on the Secured Site are not intended to constitute offers to sell
or solicitations in connection with any products or services. Some products may not be available
in all jurisdictions. Anyone interested in a particular product should contact the indicated
Cigna business to determine whether the product is available in their jurisdiction and to
request a copy of the applicable policy or prospectus for a complete description of the
product.
Calculations and Investment Decisions Financial calculators and
calculations are provided for illustrative purposes only. You are responsible for verifying the
accuracy and suitability of all assumptions and calculations. Please seek the advice of licensed
and/or competent individuals before making any investment or financial planning decisions. Do
not rely solely on financial calculators, calculations or financial or retirement information
found on the Secured Site.
Trademarks There are references throughout the Secured Site to various
trademarks or service marks and these, whether registered or not, are the property of their
respective owners.
Document Terms of Use
- The terms of use in this section shall extend to any document posted on the Secured Site for
you by Cigna in connection with its insured life, disability, accident or health policies or
in connection with the administration of self-funded agreements. Such Documents include
those specific to Cigna's clinical programs, provider network, care management, or claim or
other administrative services.
- You acknowledge that all such Documents are the property of Cigna, and may not be
reproduced, modified or distributed except as permitted herein or otherwise in writing by
Cigna.
- With respect to the following Documents, you are granted a non-exclusive revocable license,
for so long as a Policy or Agreement remains in effect, to (a) print, without alteration
other than insertion of employer specific information, and distribute to persons insured
thereunder, certificates of insurance and/or summary plan descriptions; (b) distribute to
eligible brochures and enrollment materials supplied by Cigna, in blank or personalized; (c)
provide administrative forms to enrolled participants where appropriate; and (d) make
available on any Intranet, or other network not accessible to the public, in .PDF format or
such other form as is approved by the Cigna, any such Documents for uses consistent with the
foregoing. Unless Cigna has consented in writing, any use other than as set forth above is
prohibited.
- You shall be permitted to incorporate language of certificates of insurance or plan
documents into summary plan descriptions and other materials describing the benefits of the
insurance policies or your benefit plan. No such derivative work may appear to originate
from the Cigna, bear any form number assigned by Cigna, or bear Cigna's logo, without
Cigna's written permission. You assume full responsibility for any materials created
by or for you which are comprised of modifications or alterations of language to Documents
provided by Cigna, and you agree to indemnify and hold harmless Cigna with respect to any
claims that may be asserted against Cigna, its affiliates, or their respective officers,
employees or agents with respect thereto.
- You shall not alter or remove any copyright notice contained on any Document furnished by
Cigna.
You are not permitted to alter or modify the content of any Document subject to
these Document Terms of Use, except for the purpose of analysis, negotiation, and similar
purposes. No such altered form shall be provided to any participant or other person.
- In the event of termination of any or all Policies or Agreements, on request of Cigna, you
will discontinue use of all Documents, except as required by law.
Changes and Applicable Law We reserve the right to make changes to
the Secured Site and this Legal Disclaimer. We encourage you to review the Secured Site and
these terms periodically for any updates or changes. Your continued access or use of the Secured
Site shall be deemed your acceptance of this Legal Disclaimer and any changes and the
reasonableness of these standards for notice of changes. Use of the Secured Site will be
governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania,
without giving effect to its conflict of law provisions. You agree that any legal action or
proceeding between you and Cigna will be brought exclusively in a federal or state court of
competent jurisdiction sitting in Philadelphia, Pennsylvania. If any provision of this agreement
shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed
severable from this agreement and shall not affect the validity and enforceability of any
remaining provisions.
|