These Terms and Conditions (“Terms and Conditions”), along with any applicable additional terms (see below) (collectively, the “Terms”) govern your use of and access to our website and other interactive areas or services (collectively, the “Services”) and software that we include as part of the Services, as well as any applications, including mobile applications and related documentation (collectively, the “Software”).
Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website or Application.
1.1 In these Terms and Conditions, the following terms shall have the following meanings:
“Application” means the Application you are currently using on a device (e.g., mobile, tablet, laptop, PC).
“Content” means any text, graphics, logos, icons, images, audio, video, software, data compilations, page layout, source code, object code and software and any other form of information capable of being stored in a computer that appears on or forms part of the Website and/or Application (other than the User Data).
“ATRIO Health Plans” means ATRIO Health Plans, a company registered in Oregon, having its registered office at 2965 Ryan Drive SE Salem, OR 97301, or its affiliates.
“Intellectual Property Rights” means patents, utility models, rights to inventions, copyright and related rights, trademarks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
“Service” means collectively any online facilities, tools, services, or information that ATRIO Health Plans makes available through the Website and/or Application either now or in the future.
“User” / “Users” means any third party that accesses the Website and/or Application that is not acting on behalf of ATRIO Health Plans.
“User Data” means content or data that is uploaded, transmitted, stored and/or processed by Users; and
“Website” means the website that you are currently using, any sub-domains of this site unless expressly excluded by their own terms and conditions.
2.1 The Website, Application and Content are the exclusive property of ATRIO Health Plans, our affiliates or other relevant third parties and you acquire no rights in or to the Website, Application or Content other than those expressly authorized by these Terms and Conditions. By continuing to use the Website or Application you acknowledge that such material is protected by applicable Intellectual Property Rights.
2.2 All Intellectual Property Rights in or arising out of or in connection with your use of the Website, Application and/or Content (to avoid doubt, other than Intellectual Property Rights in any User Data) including, without limitation, all Intellectual Property Rights in any data generated as a result of your use of the Website, Application and/or Content, shall be solely owned by ATRIO Health Plans.
2.3 You grant us a royalty-free non-exclusive license to use and copy the User Data for the purposes of making available the Website, Application, and our Service.
3.1.1 You may not:
3.2 User Data
3.2.1 User Data, and the use of User Data by us in any manner licensed or otherwise authorized by you, must not:
4.1 The Website or Application may contain links to third party websites, applications, products, software, services, or content. Unless expressly stated, these third-party resources are not under the control of ATRIO Health Plans or that of our affiliates. We assume no responsibility for the content of such third-party resources and disclaim liability for all forms of loss or damage arising out of the use of them. The inclusion of a link to resources provided by a third party on the Website or Application does not imply any endorsement of the site itself or of those in control of it.
6.1 ATRIO Health Plans makes no warranty, express or implied, or representation that the Website or Application will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure or that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
6.2 No part of the Website or Application is intended to constitute advice and the Content should not be relied upon when making any decisions or taking any action of any kind.
6.3 While ATRIO Health Plans uses reasonable endeavors to ensure that the Website or Application is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
7.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, or satisfactory quality.
7.2 ATRIO Health Plans accepts no liability for any disruption or non-availability of the Website or Application resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
7.3 ATRIO Health Plans reserves the right to alter, suspend or discontinue any part (or the whole of) the Website or Application including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website or Application unless it is expressly stated otherwise.
8.1 ATRIO Health Plans is not responsible for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising from your use of the Website or Application, or the information or data contained herein, or for your inability to access this Website or Application. Your sole remedy for dissatisfaction with the Website, website-related services, and/or third party websites is to stop using the websites and/or those services.
9.1 Any delay or failure by us to exercise any right or remedy contained herein shall not be construed as a waiver of that right or remedy. No single or partial exercise of any right or remedy provided under these Terms and Conditions or by law shall prevent or restrict the further exercise of that or any other right or remedy by us.
10.1 In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions currently available on the ATRIO Health Plans Website shall prevail unless it is expressly stated otherwise.
11.1 All notices / communications shall be sent to us either by post to our premises at 2965 Ryan Drive SE, Salem, OR 97301
or by email to email@example.com. Such notices will be deemed received 3 business days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
11.2 Any personal data you submit will be retained by ATRIO Health Plans for as long as it is reasonably necessary to provide you with the services which you have requested. If you withdraw your consent or request removal of your personal data, such data will be destroyed, but in doing so, you acknowledge that our ability to provide you with access to our Website, Application and/or Service may be adversely affected. You can withdraw your consent or request removal of your personal data by contacting firstname.lastname@example.org.
12.1 The Terms shall be governed by and construed in accordance with the laws of the state of Oregon, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts located in Marion County, Oregon, for the resolution of any and all disputes arising out of or relating to your use of this website.
Last updated Nov 13, 2023