A STRONG FOUNDATION OF
Solutions Built on Compliance
Genius Avenue is proactive with an internal team of regulatory professionals who have extensive experience working with leading insurers, carriers, product distributors and various types of organizations. This gives us the ability to assess and collaborate on identifying the right solutions for your business. We look forward to assisting you and enhancing your compliance programs and other regulatory compliance needs.
TERMS AND CONDITIONS FOR DIRECTWEB ADMINISTRATIVE SERVICES LLC d/b/a GENIUS AVENUE WEBSITE
Set forth below are the Terms and Conditions that govern your use of the DirectWeb Administrative Services LLC d/b/a Genius Avenue web site (the “Web Site”). These Terms and Conditions describe your rights and obligations with respect to the Web Site and should be read carefully. By logging onto the Web Site, you confirm that you have read these Terms and Conditions, and you agree to be bound by them. If you do not agree to these Terms and Conditions, you should exit from this Web Site immediately and you do not have permission to use or access this Web Site.
DirectWeb Administrative Services LLC d/b/a Genius Avenue (the “Company”) may amend these Terms and Conditions at any time by posting the amended version on this Web Site. The amended Terms and Conditions will automatically become effective 10 days after they are first posted on the Web Site. Your continued use of the Web Site will evidence your acceptance of the amended Terms and Conditions.
Copyright and Intellectual Property Rights
This Web Site and all of its contents, including but not limited to, text and graphics (collectively, “Content”) are subject to copyright laws and are owned by the Company, its subsidiaries and/or affiliates. You also agree to review and abide by the Company’s policies regarding intellectual property rights, which include both copyright and trademark policies. (Click here to view these policies).
You agree to indemnify, defend and hold harmless the Company, its parents, subsidiaries, affiliates, officers, directors, employees and agents (collectively, the “Indemnified Parties”) from and against all claims, losses, damages, liabilities and judgments, and all fees and expenses related thereto (including, without limitation, reasonable legal fees) incurred by an Indemnified Party as a result of any violation by you of your agreements with us.
Disclaimer of Warranties
THE USE OF THE WEB SITE, THE CONTENT OR INFORMATION CONTAINED ON THE WEB SITE IS PROVIDED SOLELY AT YOUR OWN RISK. THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEB SITE AND ITS CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT THE WEB SITE AND/OR ANY CONTENT THEREIN WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE WEB SITE AND/OR ANY CONTENT THEREIN WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE WEB SITE IS TO CEASE USING THE WEB SITE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:
THE USE OR INABILITY TO USE THE WEB SITE, INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED BY A COMPUTER VIRUS, SOFTWARE BUG, HUMAN ACTION OR INACTION, MALFUNCTIONS OF ANY HARDWARE, SOFTWARE OR OTHER ELEMENT OF A COMPUTER SYSTEM, ERRORS, FAILURE, MALFUNCTION OR DELAY IN COMPUTER TRANSMISSION OR NETWORK CONNECTIONS.
THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS AFFECTED OR FAILED TO BE AFFECTED,
ANY LINK PROVIDED IN CONNECTION WITH THE SITE, OR
ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE.
Jurisdictional and Other Matters
You are responsible for compliance with all local laws, if and to the extent your local laws are applicable. In addition, you and the Company and any of its parents, subsidiaries, affiliates, employees, contractors, agents, officers, or directors (collectively, the “Company Parties”) agree that these Terms and Conditions and any actions arising from these Terms and Conditions or your use of the Web Site will be governed by the laws of the State of Texas, without respect to its conflict of laws provisions, and applicable federal laws and regulations, and that venue with respect to any dispute between you and the Company or Company Parties will rest exclusively in the state and federal courts located in the State of Texas.
You understand and agree that the Company may from time to time establish and revise practices and limitations concerning its Web Site and your use of it. You agree that the Company shall have no liability for the deletion or failure to store any messages and other communications or other content maintained on the Web Site or transmitted using the Web Site. These Terms and Conditions constitute the entire agreement between you and the Company with respect to the Web Site and govern your use of the Web Site. You also may be subject to additional terms and conditions that may apply when you use third party content or websites available through the Web Site. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Web Site or these Terms and Conditions must be filed within one year after such claim or cause of action arose. The Company may provide notice to you by e-mail or regular mail. The Company may also provide notice of changes to these Terms and Conditions at any time and from time to time by displaying notices to you on pages of the Web Site. The section titles of these Terms and Conditions are merely for convenience.
Electronic Signatures and System Requirements
By logging onto the Web Site you have signified your agreement to all of the terms and conditions to use the Web Site, and shall have the same binding effect as it would had you signed the same agreement on paper. If you would like a paper copy of this agreement, you may obtain one by submitting a written request to: DirectWeb Administrative Services LLC d/b/a 15300 North 90th Street, Suite 400, Scottsdale, AZ 85260 Attention: Legal Department. For optimum use of the Web Site, you may need to utilize specific web browsers.
INTELLECTUAL PROPERTY RIGHTS
www.geniusavenue.com is owned by DirectWeb Administrative Services LLC d/b/a Genius Avenue and/or its parent company, affiliates or subsidiaries (collectively, “Company”). All rights are exclusively reserved to the Company. You acknowledge that the www.geniusavenue.com web site (the “Web Site”) may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively “Content”), which are provided by the Company or by licensors of the Company. You agree and acknowledge that, notwithstanding that the Company permits you to access the Content, the Content and its use or the use of this Web Site is protected by patents, copyrights, trademarks, and other proprietary rights (including intellectual property rights), that these rights are valid and protected in all media now existing or later developed, and that except as specifically provided in these Terms and Conditions, your use of the Content shall be governed and constrained by applicable patent, copyright, trademark and other intellectual property laws. In addition to the Company’s and its licensors’ rights in individual elements of the Content, the Company owns a copyright in the selection, coordination, arrangement and enhancement of the Content. You agree not to assert any claim of ownership over this Web Site, including without limitation, the Content, based on your use.
Your use of this Web Site constitutes a license, not a transfer in title. You expressly acknowledge and agree that no right is granted to you to copy (other than by printing or downloading portions for your personal use only, but not for other persons’ use or for commercial exploitation), modify, alter, revise, paraphrase, omit, change, display, perform store, timeshare, rent, lease, sublicense, publish, distribute, transmit, transfer, assign, sell, create derivative works from, or commercially exploit in any manner whatsoever any of the Content. You may not post, upload, display or otherwise transmit any materials to another website, including but not limited to, any personal or commercial websites or home pages. You may download one copy of the materials found on this Web Site on a single computer for your personal, non-commercial, internal use only unless specifically licensed to do otherwise in writing by the Company. You agree not to assert any claim of ownership over this Web Site, including without limitation, the Content, based on your use.
NOTICE OF INFORMATION COLLECTED AND DISCLOSED
This Policy tells you, among other things, what information we gather from you through our web site, how we may use or disclose that information, and our efforts to protect it. Please read this Policy carefully and feel free to contact firstname.lastname@example.org if you have any inquiries, complaints or questions regarding its contents. Our postal address is 15300 North 90th Street, Suite 400, Scottsdale, AZ 85260
In connection with your use of our web site, we may collect the following information:
The domain name, but not the e-mail address, of visitors to our web site.
The e-mail addresses of users who communicate with us via e-mail.
Aggregate information on what pages on our web site users access or visit.
Information volunteered by the user, such as site registration, e-mail update requests and product or service related inquiries.
Information about your transactions with us or others.
You may choose to restrict our use of your information. If you are a user of our web site or services, you may restrict distribution of your information by indicating such restrictions in your account when asked. On our web site, you have the option to remove your name and personal information from any information that will or may be disclosed to a third party although disclosures to law enforcement or to meet other legal requirements may still be required.
You may exercise your choice to “opt-out” of providing personal information in many ways. When selecting certain services or features of our web site, you can choose whether to share personal information with respect to the particular service or feature. If you receive communications from us that you do not want to receive, you can opt-out from receiving these communications, by deleting your registration profile from our database or specifically telling us to stop sending them to you.
You may also “opt-out” entirely from providing personal information to us by not providing information or registering on our web site. You may also choose at a later date to have your name removed from our database. However, certain sections of our web site do require registration in order to use these sections and services. If you choose not to register or provide certain information, these sections will not be available for your use.
ONWARD TRANSFER (TRANSFERS TO THIRD PARTIES)
If we propose to disclose your information to a third party that is acting as our agent or on our behalf, we will ensure that the third party has agreed to assure adequate protection of your information.
You can access your information by logging into your account on the web site. Once there, you can modify, correct, amend or delete your information. Ordinarily, we will not restrict access to your information except in rare cases where we reasonably believe that the rights of persons other than yourself would be violated.
Your account containing your information is password-protected. Only those who log on with your password can access your account. We have taken appropriate security measures to protect your personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction. However, please remember that you play a valuable part in security as well. You are responsible for protecting your password for accessing your account. After you have finished using the web site, you should log off and exit your browser so no unauthorized persons can use our web site with your name and account information.
Furthermore, if you provide any information to parties who operate web sites that are linked to or from our web site, different rules may apply to their collection, use, or disclosure of your personal information. We encourage you to review the privacy policies of such other sites before revealing any sensitive or personal information. Regardless of the precautions taken by you or by us, “perfect security” does not exist on the Internet. We cannot ensure or warrant the ultimate security of any information you transmit.
We seek to ensure that your information is reliable for the use you intend, and that it is accurate, complete, and current. To assist us in ensuring that your information is relevant on an ongoing basis for its intended purposes, we encourage you to update your information on the web site as frequently as is necessary. This can be done by entering our web site, signing in using your e-mail address and password. After your account information is displayed you can submit your modifications to us. We may periodically send you a notice asking you to visit the web site and update your information.
A cookie is a small data file that certain web sites write to your computer’s hard drive when you visit those sites. A cookie file can contain information such as a user ID that a web site uses to track the pages you have visited. A persistent cookie allows the web site to remember you on subsequent visits. We do not set persistent cookies.
We do not partner with or have special relationships with any ad server companies.
DirectWeb Administrative Services LLC d/b/a Genius Avenue is concerned about the safety of children and their use of the Internet. This web site is not directed at children under the age of 13 and does not knowingly collect personal data from children under the age of 13. If we receive actual knowledge that we have received such personal information without the required verifiable parental consent, we will delete the information from our database as soon as we practically can.
LINKING TO OTHER WEB SITES
CHANGES IN OWNERSHIP
In the event that ownership of DirectWeb Administrative Services LLC d/b/a Genius Avenue was to change as a result of a merger, acquisition or transfer to another company, personal information that you provide to DirectWeb Administrative Services LLC d/b/a Genius Avenue through this web site may be transferred. If such a transfer results in a material change in the use of your personal information, DirectWeb Administrative Services LLC d/b/a Genius Avenue will provide notice about your choices to decline to permit such a transfer.
EFFECTIVE DATE AND FUTURE CHANGES
Effective Date: April 14, 2003
DirectWeb Administrative Services LLC d/b/a Genius Avenue NOTICE OF PRIVACY PRACTICES
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
If you have any questions about this Notice, please contact our Director of Administration and Compliance by emailing email@example.com or mailing DirectWeb Administrative Services LLC d/b/a Genius Avenue, 15300 North 90th Street, Suite 400, Scottsdale, AZ 85260.
WHO WILL FOLLOW THIS NOTICE
This Notice of Privacy Practices describes the practices of DirectWeb Administrative Services LLC d/b/a Genius Avenue. and the following companies that are affiliated with DirectWeb Administrative Services LLC d/b/a Genius Avenue: Alta Coterie Investments LLC and DirectWeb Administrative Services LLC d/b/a Genius Avenue (collectively, “Genius Avenue”).
OUR COMMITMENT TO YOUR PRIVACY
We understand that medical information about you and your health is personal and we are committed to protecting that information. We create a record of your benefits, eligibility status and claims history. We need this record to provide you with quality health care services and to comply with certain legal requirements. Hospitals, physicians and other health care providers providing health care services to you may have different policies or notices regarding their uses and disclosures of your medical information.
This Notice will tell you about the ways in which we may use and disclose medical information about you. This Notice will also describe your rights and certain obligations we have regarding the use and disclosure of medical information.
We are required by law to: make sure that medical information that identifies you is kept private; give you this Notice of our legal duties and privacy practices with respect to medical information about you; and follow the terms of the Notice that is currently in effect.
HOW WE MAY USE AND DISCLOSE MEDICAL INFORMATION ABOUT YOU
DirectWeb Administrative Services LLC d/b/a Genius Avenue will not disclose your medical information to anyone, except with your authorization or as otherwise permitted or required by law. For some activities, we must have your written authorization to use or disclose your medical information. However, the law permits us to use or disclose your medical information for the following purposes without your authorization:
We may use and disclose your medical information in order to pay for your medical benefits. These activities may include making a determination of eligibility or coverage for insurance benefits, reviewing services provided to you to determine medical necessity, and undertaking utilization review or case management activities with respect to your claims. For example, we may use and disclose your medical information to pay your claims or process your premium payments.
HEALTH CARE OPERATIONS
We may use or disclose medical information about you for our insurance operations. These uses and disclosures are necessary to run the insurance company and make sure that our insureds receive quality service. Here are some examples of the ways that we use your medical information for our health care operations: creation, renewal, replacement or maintenance of your insurance contract; placing an insurance contract for reinsurance of our insurance risks; claims adjudication; disclosures to medical consultants to determine the medical necessity of treatment recommended by your physician; policy administration, underwriting and premium rating; eligibility determinations; detection and investigation of fraud and other unlawful conduct; recovery of overpayments; conduct of grievances and appeals programs; and disclosures to PPO networks for purposes of repricing claims.
We may use or disclose your medical information as necessary to provide you with information about other health-related products or services that are included in your insurance benefits, including communications about replacement of, or enhancements to, an insurance contract. For example, your name and address may be used to send you a newsletter about our organization and your insurance benefits. You may contact our Privacy Office to opt-out of receiving such materials. We will not disclose your medical information to third parties for marketing purposes without your written authorization.
AS REQUIRED BY LAW
We will disclose medical information about you when required to do so by federal, state or local law. We must also share your medical information with the Secretary of the Department of Health and Human Services to investigate or determine our compliance with federal privacy laws.
TO AVERT A SERIOUS THREAT TO HEALTH OR SAFETY
We may use and disclose medical information about you when necessary to prevent a serious threat to your health and safety or to the health and safety of the public or another person. Any disclosure, however, would only be to someone able to help prevent the threat.
We also may use or disclose your protected health information in the following special situations without your authorization. These situations include:
We may disclose protected health information to a health oversight agency for activities authorized by law, such as audits, investigations and inspections. Health oversight agencies include government agencies that oversee health plan administration, state insurance regulatory authorities and certain other government regulatory programs.
PUBLIC HEALTH RISKS
We may disclose medical information about you for public health activities. These activities may include (1) the prevention or control of disease, injury or disability and (2) notifying people of recalls of products they may be using.
LAWSUITS AND DISPUTES
If you are involved in a lawsuit or a dispute, we may disclose medical information about you in response to a court or administrative order. We may also disclose medical information about you in response to a subpoena, discovery request or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell you about the request (which may include written notice to you) or to obtain an order protecting the information requested.
We may release medical information if asked to do so by a law enforcement official: (1) in response to a court order, subpoena, warrant, summons or similar process; (2) to identify or locate a suspect, fugitive, material witness or missing person; (3) about the victim of a crime if, under certain limited circumstances, we are unable to obtain the person’s agreement; (4) about a death we believe may be the result of criminal conduct; or (5) in emergency circumstances to report a crime, the location of the crime or victims, or the identity, description or location of the person who committed the crime.
FOR SPECIFIC GOBVERNMENT FUNCTIONS
We may disclose your medical information for the following specific government functions: (1) health information of military personnel, as required by military authorities; (2) health information of inmates, to a correctional institution or law enforcement official; and (3) for national security reasons.
We may disclose your protected health information as authorized to comply with workers’ compensation laws and other similar legally established programs.
The following is a statement of your rights with respect to your medical information and a brief description of how you may exercise these rights.
You have the right to inspect and copy your medical information.
You may inspect and obtain a copy of medical information about you for as long as we maintain the medical information. We may charge you a fee for the costs of copying, mailing or other supplies that are necessary to grant your request. You have the right to choose to obtain a summary instead of a copy of your medical information.
Under federal law, however, you may not inspect or copy psychotherapy notes or information compiled in reasonable anticipation of, or for use in a civil, criminal or administrative action or proceeding. In some circumstances, you may have the right to have our decision to deny you access to your medical information reviewed. Please contact our Privacy Office if you have any questions about access to your medical information.
You have the right to request a restriction on the use and disclosure of your medical information.
You have the right to request restrictions on certain uses and disclosures of your medical information. We are not required to agree to a restriction that you request. If we do agree to a requested restriction, we will put the agreement in writing and follow it, except in emergency situations. We cannot agree to limit uses or disclosures of information that are required by law. You may request a restriction by writing to or telephoning our Privacy Office.
You have the right to request to receive confidential communications from us by alternative means or at an alternative location.
You may request that any and all confidential communications regarding your medical information be sent by alternative means or to an alternative location. For example, you may request that we contact you only in writing or at a different residence or post office box. We will accommodate reasonable requests. We may, however, condition such accommodation on your agreeing to permanent communications at the alternative location or by the alternative means. We will not request an explanation from you as to the basis for the request. Please make any such requests in writing to our Privacy Office.
You may have the right to have your medical information amended.
You may request that we amend your medical information that is incorrect or incomplete for as long as we maintain the information. In certain cases, we may deny your request for amendment. If we deny your request for amendment, you have the right to file a statement of disagreement with us and we may prepare a rebuttal to your statement and provide you with a copy of such rebuttal. Any statement of disagreement will become a permanent part of our records. To request an amendment, you must send a written request, along with the reason for the request, to our Privacy Office.
You have the right to receive an accounting of certain disclosures of your medical information.
You have a right to receive an accounting of disclosures of your medical information we have made after April 14, 2003 for purposes other than disclosures (1) for our treatment, payment or health care operations, (2) to you or based upon your authorization and (3) for certain government functions. To request an accounting, you must submit a written request to our Privacy Office. You must specify the time period, which may not be longer than six years.
You have the right to a paper copy of this Notice.
You have the right to obtain a paper copy of this Notice from us upon request, even if you have agreed to accept this Notice electronically. To obtain a paper copy of this Notice, please contact our Privacy Office.
CHANGES TO THIS NOTICE
We reserve the right to change this Notice. We reserve the right to make the revised Notice effective for the medical information we already have about you as well as any information we receive in the future. We will post a copy of the current Notice on the DirectWeb Administrative Services LLC d/b/a Genius Avenue website at www.geniusavenue.com. The Notice will contain on the first page, in the top right-hand corner, the effective date.
You may contact us or the Secretary of the United States Department of Health and Human Services if you believe your privacy rights have been violated. To file a complaint with DirectWeb Administrative Services LLC d/b/a Genius Avenue, contact our Privacy Office. All complaints must be submitted in writing. No retaliatory actions will be taken against you for filing a complaint.
OTHER USES OF MEDICAL INFORMATION
Other uses and disclosures of medical information not covered by this Notice or the laws that apply to us will be made only with your authorization. If you provide us with permission to use or disclose medical information about you by signing a written authorization, you may revoke that permission, in writing, at any time. If you revoke your permission, we will no longer use or disclose medical information about you for the reasons covered by your written authorization. You understand that we are unable to take back any disclosures we have already made with your permission.
You may contact our Director of Administration and Compliance by emailing firstname.lastname@example.org or by mail at: DirectWeb Administrative Services LLC d/b/a 15300 North 90th Street, Suite 400, Scottsdale, AZ 85260