SCANListens
SCANLIstens is now closed. Thank you for your time and participation in SCANListens. If you have any questions or comments about SCANListens, please email cxi@scanhealthplan.com.
Privacy Policy | Privacy | Terms and Conditions
SCANLISTENS TERMS OF PARTICIPATION

SCANListens Terms of Participation
Effective Date: May 31, 2017

1. Acceptance of Terms
  • SCAN Health Plan® (“SCAN”) operates an online service (the “Service”) that allows you and other members of SCAN to use the Service to communicate with SCAN about SCAN’s products and services with the goal of improving communications with members and member satisfaction. These Terms of Participation are a legal agreement (the “Agreement”) between you and SCAN governing your access to and use of the Service, which includes any software related to the Service. The Service is offered to you conditioned upon your acceptance, without modification, of this Agreement. Your use of the Service constitutes your acceptance of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS OF PARTICIPATION, YOU MAY NOT USE OR ACCESS THE SERVICE. You represent that (a) you have attained the age of majority in the state in which you reside and (b) any information that you submit is correct to the best of your knowledge or belief. SCAN reserves the right to change this Agreement and the terms under which it offers the Service at any time and without notice, and such modifications will be deemed effective immediately upon posting of the modified terms. You are responsible for regularly reviewing this Agreement and any changes made to this Agreement. You can review the most current version of this Agreement at any time at https://scanlistens.com. If you do not agree to any terms of this Agreement, or any future changes made by SCAN, your sole and exclusive remedy is to stop using the Service. Unless explicitly stated otherwise, any new features that change, augment or enhance the current Service will be subject to this Agreement.

2. Your Use of the Service
SCAN grants you a personal, limited, non-transferable and non-exclusive right and license to access the Service online, or to download a mobile app through which you may access the Service online using your personal devices. Your right to use the Service is personal to you only. SCAN reserves the right at any time, in its sole and absolute discretion, to modify or discontinue – temporarily or permanently – the Service (or any part thereof) with or without notice. SCAN reserves the right to cancel, suspend or refuse access to the Service to anyone in its sole and absolute discretion. You will not use the Service, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement or for any commercial purpose. You agree not to modify, rent, lease, loan, reproduce, duplicate, copy, sell, distribute, otherwise exploit or create derivative works based on the Service, in whole or in part, or any Content (as defined below) contained therein.

3. Registration and Activities
To become a user of the Service, you must provide your email address, first and last name, and date of birth. You will be asked to create a username and password for your account (the “Account”), that are different from your login credentials for the SCAN Health Plan site, and to create a user profile on the Service by responding to a few mandatory questions about your health care preferences and perspectives. You may not (a) select or use a username of another person with the intent to impersonate that person, (b) use another's name or password or (c) select a username or password that SCAN, in its sole discretion, deems inappropriate or offensive. You agree to (x) provide true, accurate, current and complete information as prompted by the Service’s registration process to create your user profile and (y) maintain and promptly update your user profile to keep it true, accurate, current and complete. You may update your email address and other aspects of your profile through the My Profile Section.

After you have registered as a user, SCAN may use your email address to send you reminders of upcoming activities and sessions on the Service, and you consent to receive such emails. These activities and sessions will involve non-mandatory surveys to ask how you rate your current health, behavioral questions about your health, about your attitudes on health care, and for your demographic information. Your answers may be tagged to your user profile. In addition, demographic information that you may have provided to the SCAN site or demographic information in your SCAN file may be tagged to your user profile. Any use of information about you by SCAN will be subject to the SCAN https://www.scanhealthplan.com/legal-notices/privacy and SCAN'sNotice of Privacy Practices . If you do not wish to receive email correspondence from the Service, you may log into the Service and change your email options on the Preferences page in the My Profile section.

4. Account, Password and Security
You are solely responsible for maintaining the confidentiality of your username, password and Account and their use by you or anyone else. You agree to log out of your account at the end of each session. You agree to immediately notify SCAN of any unauthorized use of your Account or any other breach of security. SCAN will not be liable for any loss or damage arising from your failure to comply with this Section 4. SCAN is not obligated to identify or authenticate any user who accesses the Service. SCAN is not responsible for identity theft or other misuse of any information in your user profile. You authorize SCAN to act on instructions received through use of your password or Account, and acknowledge and agree that SCAN is not liable for any loss or damage arising from your failure to comply with this Section.

5. Term; Termination
This Agreement, and any revisions to this Agreement, shall remain in full force and effect while you are a user of the Service. You may terminate your registration with the Service at any time for any reason. You understand and agree that the termination of your registration is your sole right and remedy with respect to any dispute with SCAN. SCAN may terminate or suspend your registration at any time, for any or no reason, with or without prior notice or explanation and without liability. Even after a registration is terminated, this entire Agreement will remain in effect.

6. Privacy Policy
All information about you collected through the Service is subject to SCAN’s Privacy Policy. You should review the entire Privacy Policy at
www.scanhealthplan.com/legal-notices/privacy, which is incorporated into this Agreement including any amendments from time to time. If there is a conflict between the Privacy Policy and this Agreement, the terms of this Agreement will prevail. SCAN disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information.

7. User Conduct
You, and not SCAN, are responsible for compliance with all laws, regulations and ordinances in connection with your use of the Service. You agree not to engage in any of the following activities in connection with your use of the Service:
(a) circumventing, modifying or interfering with; attempting to circumvent, modify or interfere with; or encouraging or assisting any other person in circumventing, modifying or interfering with any security measures, technology or software that is part of the Service;
(b) any activity that involves the use of software viruses, worms, spyware or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or otherwise permit the unauthorized use of or access to a computer or a computer network;
(c) any automated use of the Service;
(d) damaging, disabling, disrupting, overburdening or impairing the Service or interfering with any other party’s use and enjoyment of the Service;
(e) using the Account, username or password of another user at any time or disclosing your password to any third party or permitting any third party to access your Account;
(f) allowing usage of the Service by others in such a way as to violate this Agreement;
(g) taking any steps to interfere with, or in any manner compromise, any security measures employed by the Service;
(h) engaging in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining information from the Service; or
(i) attempting to decompile, reverse engineer, disassemble, modify, hack or create derivative works from the Service or defeat or overcome any encryption and/or digital rights management technology implemented with respect to the Service.
SCAN reserves the right to investigate and take appropriate legal action against anyone who, in SCAN’s sole discretion, violates this Section 7, including without limitation reporting a user to law enforcement authorities and terminating or suspending a user’s right to use the Service.

8. Content
The Service may contain information, data, text, software, music, sound, photographs, graphics, video, messages, advertising, links to websites or other materials (the “Content”) provided by SCAN or third parties (the “Content Suppliers”). SCAN is not responsible or liable, directly or indirectly, for any Content or for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content.

9. SCAN’s Proprietary Rights
As between SCAN and you, all right, title and interest in and to the Service and Content (including any intellectual property rights to the Service and Content) are and will remain the sole property of SCAN. You may not copy, use or incorporate any of the Content on the Service – including any artwork, trademarks or logos, or questions – into any other work – including your own site – or use such Content in any other public or commercial manner.

10. Submission of Ideas
To the extent any response to a survey question under the Service is claimed to be submission of an idea for a new product or service, you acknowledge and agree that there is and will be no fiduciary or confidential relationship between you and SCAN or any employee or representative of SCAN; and that SCAN is not and will not be in the position of receiving a disclosure in trust. SCAN is not obligated and makes no commitment to treat or maintain any claimed submission in confidence, even if marked as "Confidential" or intended to be kept confidential, and SCAN asks you not to disclose confidential ideas to it. SCAN is not obligated to use or act on any claimed idea or suggestion, and has not promised any compensation in exchange for any claimed idea or submission.

11. Information for California Residents
Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights information: (a) The Service is provided by SCAN Health Plan, located at 3800 Kilroy Airport Way, Suite 100, Long Beach, CA 90806 (1-800-559-3500). (b) You may contact SCAN at the address in subsection (a) with complaints or to request additional information about the Service. Also, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.

12. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. SCAN AND SCAN’S SUPPLIERS (INCLUDING BUT NOT LIMITED TO CONTENT SUPPLIERS) PROVIDE THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED FROM OR THROUGH THE SERVICE – “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND – EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SCAN AND SCAN’S SUPPLIERS (INCLUDING CONTENT SUPPLIERS) MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR (c) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR NEEDS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

13. LIMITATION OF LIABILITY
IN NO EVENT WILL SCAN OR ANY OF SCAN’S SUPPLIERS (INCLUDING BUT NOT LIMITED TO CONTENT SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR FAILURE OF PERFORMANCE, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, COMMUNICATION LINE FAILURES, THEFT OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICE, OR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT, EVEN IF SCAN OR ANY OF SCAN’S SUPPLIERS (INCLUDING BUT NOT LIMITED TO CONTENT SUPPLIERS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

14. Independent Review
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND YOU ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.

15. Notice
Statements, notices and other communications to you may be made by email, postings within your Account, postings on the Service, or other reasonable means. You are solely responsible for keeping your email address updated on your Account. The Company will not be responsible for any undelivered notices caused by your failure to update such information.

16. Choice of Law, Arbitration, JURY WAIVER
You agree that any dispute between you and SCAN arising out of or relating to this Agreement will be decided only by arbitration, individually and not on a class-wide basis. You knowingly waive any right to participate in any form of "class," "joint" or "representative" litigation (including in any "private attorney general capacity") against SCAN. The laws of the State of California, U.S.A., without regard to choice of law principles, shall apply to any dispute between us, except as to matters relating to arbitration, which shall be governed by the Federal Arbitration Act. Any arbitration will be administered by the American Arbitration Association and will take place in Los Angeles County, California, U.S.A.
WAIVER OF JURY TRIAL: YOU AND SCAN HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY WITH REGARD ANY DISPUTE, CLAIM, QUESTION, OR DISAGREEMENT ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH THESE TERMS, THE PRIVACY POLICY, THE WEBSITES, THEIR CONTENT OR THE RELATIONSHIP OF THE PARTIES HEREUNDER.

17. No Injunctive Relief
You agree not to seek, and you acknowledge and agree that you are not entitled to an injunction that would restrain the operation of the Service.

18. General
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, 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 this Agreement will continue in effect. A printed version of this Agreement and any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. SCAN may assign this Agreement, in whole or in part, at any time with or without notice to you. You will not assign this Agreement, by operation of law or otherwise, without prior written approval of SCAN, and any such attempted assignment will be void. Subject to the foregoing, this Agreement will be binding upon and inure to the benefits of the parties, their successors and permitted assigns. The failure of SCAN to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement sets forth the entire understanding and agreement between SCAN and you with respect to the Service, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between SCAN and you with respect to the Service. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance. Each party is an independent contractor and not an agent or representative of any other party. No party will have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement will not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.

For questions regarding this Agreement, please email moderator@scanlistens.com

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

 
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SCANListens. All Rights Reserved

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SCANLIstens is now closed. Thank you for your time and participation in SCANListens. If you have any questions or comments about SCANListens, please email cxi@scanhealthplan.com.
Welcome to SCANListens!
Thank you for being a part of SCANListens! We’re excited that you’re a part of our community – we’re looking forward to hearing from you.

If you are not a member of SCANListens and would like more information, please email: moderator@scanlistens.com.

Have questions about your SCAN benefits (prescription medications, eyeglasses, how to find a provider), please contact SCAN Member Services at 1-800-559-3500 (TTY: 711). SCAN Member Services hours are 8 a.m. to 8 p.m., seven days a week, from Oct. 1 to Feb. 14. From Feb. 15 to Sept. 30, Member Services hours are 8 a.m. to 8 p.m., Monday through Friday. Messages received on holidays and outside of regular business hours will be returned within one business day. You can also email us at MemberServices@scanhealthplan.com.