The following terms and conditions govern all use of the Tribal Active Management Services (TAMS), dba O’NA HealthCare™ website and all content, services and products available at or through the Approved Circle Provider Portal. The ACP Portal is owned and operated by O’NA HealthCare™, which will be referred to as ACP Portal. The website Portal is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by O’NA (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the ACP Portal. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the ACP Portal or use any services.
I hereby apply to be enrolled with the O'NA Approved Circle Provider network. I understand that approval is subject to the terms and conditions of Tribal Active Management Services (TAMS), dba O'NA HealthCare™ (O’NA).
This Agreement governs your use of the ACP Portal site and all related content, software and services, including affiliated websites, content, software, or services owned or provided by O’NA. By signing up for, using, visiting, or logging in to the Services you accept and agree to be bound by this Agreement. Some services may be subject to additional conditions. Your participation in the ACP network is dependent upon acceptance of all conditions stated or referenced in the Agreement. If you do not wish to be bound by this Agreement, do not accept the Agreement.
I agree to disclose to O'NA HealthCare™, or its representatives all information and records and services provided to any O’NA HealthCare™ Plan Member relating to diagnosis, treatment, medical history, physical or mental conditions, and evaluation thereof. A copy of this authorization shall have the same effect as the original.
O'NA respects the privacy of our website visitors and members. The following privacy statement is provided so you will understand the information gathering and dissemination practices of O'NA.
Your O’NA HealthCare™ ACP Portal Account and Site. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection. You must immediately notify O’NA of any unauthorized uses of your account or any other breaches of security. O’NA will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
As a condition to using certain Services, you must create an account by selecting a user name and password ("User ID"). You represent and warrant that you have provided and that you will provide O’NA with accurate, complete, and updated information. In the event that any of your information changes in the future, you will promptly update your information in the ACP Portal. Failure to provide accurate, complete, and updated information shall constitute a breach of this Agreement, which may result in immediate termination or suspension of your account. You are solely responsible in all respects for: (a) all use of the ACP Portal made using your User ID and password, and (b) maintaining the confidentiality of your User ID and password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security regarding the ACP Portal of which you are aware.
General Terms. By selecting a product or service, you agree to pay O’NA the one-time and/or annual subscription fees indicated (additional payment terms may be included in other communications). Annual subscription payments will be charged on a pre-pay basis on the day you sign up and will cover the use of that service for a annual subscription period as indicated. Payments are not refundable.
Fees, Payment, Automatic Renewal. Unless you notify O’NA before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual subscription fee for such subscription using any credit card or other payment mechanism we have on record for you. Services can be canceled at any time prior to your annual renewal by submitting a written notice to O’NA.
O’NA may change, suspend, or discontinue all or any aspect of the Services at any time, including the availability of any Service feature, database, or content, without prior notice or liability.
O’NA uses reasonable efforts to maximize system availability. O’NA shall make a reasonable effort to correct any technical difficulties that may arise with the Services; however, O’NA does not guarantee that the Services will be uninterrupted or error-free. O’NA is not responsible for any technical difficulties resulting from the World Wide Web, Internet access, computer hardware or software.
Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by O’NA to respond within one business day) concerning the use of the Services. All support will be provided in accordance with O’NA standard services practices, procedures and policies.
Intellectual Property. This Agreement does not transfer from O’NA to you any O’NA or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with O’NA. O’NA, ONACare.com, the O’NACare.com logo, and all other trademarks, service marks, graphics and logos used in connection with ONACare.com, or the ACP Portal are trademarks or registered trademarks of O’NA or O’NA's licensors. Other trademarks, service marks, graphics and logos used in connection with the ACP Portal may be the trademarks of other third parties. Your use of the ACP Portal grants you no right or license to reproduce or otherwise use any O’NA or third-party trademarks.
Partner Products. By activating a partner product from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
Changes. O’NA reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the ACP Portal following the posting of any changes to this Agreement constitutes acceptance of those changes. O’NA may also, in the future, offer new services and/or features through the ACP Portal (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. O’NA may terminate your access to all or any part of the ACP Portal at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your O’NA account, such account can only be terminated by O’NA if you materially breach this Agreement and fail to cure such breach within thirty (30) days from O’NA's notice to you thereof; provided that, O’NA can terminate the ACP Portal immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The ACP Portal is provided "as is". O’NA and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither O’NA nor its suppliers and licensors, makes any warranty that the ACP Portal will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will O’NA, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to O’NA under this agreement during the twelve (12) month period prior to the cause of action. O’NA shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless O’NA, and all of its officers, directors, employees, owners, agents, information providers, affiliates, and licensors (collectively, "Representatives") harmless from and against all claims, suits, liability, losses, costs, and expenses (including attorney's fees) incurred by O’NA or any Representative in connection with any claim arising out of:
In the event O’NA determines, in its sole discretion, that you have violated this Agreement, O’NA shall have the right to immediately suspend your access to the ACP Portal without prior notice to you, and/or pursue any other remedies available to it under applicable law.
Disputes. As this program is administered by and on behalf of the tribal community, any dispute(s) arising under this contract are subject to the jurisdiction of the Native American community tribal court and will first be handled by compulsory court arbitration. Should the matter not be resolved through the court arbitration program then said dispute, as a civil matter, can be appealed to the tribal court. Upon request a copy of court rules and applicable codes will be sent to you. Further, all parties are expected at all times to comply with the court rules governing these matter. It should also be noted that a prevailing party may be awarded a finding which can include an assessment of the costs of the arbitration and may be entered as a judgement through the tribal court which as a court of competent jurisdiction be utilized to enforce said judgement against non-compliant parties to the proceeding.
O'NA does not sell, rent or disseminate any nonpublic personal information you have provided to us. Whenever a benefit provider wants to promote their services to our clients, we 1) review and approve the promotional materials and 2) receive the promotional materials from the benefit provider and conduct the distribution ourselves.
We always use industry-standard encryption technologies when transferring and receiving personal data exchanged with our site. When we transfer and receive certain types of sensitive information we redirect visitors to a secure server. We have appropriate security measures in place in our physical facilities in order to seek to protect against the loss, misuse or alteration of information that we have collected from you at our site.
I understand that participation in the programs available through O’NA is governed by the law and order codes of the Native American Tribal Community.
The information provided herein and the documentation submitted herewith, is, to the best of my knowledge, complete and accurate.