RebateServicesPortal 5.5.46 Utah

These RSP Terms of Use create a binding legal agreement among the individual accessing the RSP (“User”), the company which employs the User ("Company") and Goold Health Systems ("GHS"). By enrolling and accepting these Terms of Use, and by subsequently accessing, using, viewing, transmitting, caching, storing, or otherwise utilizing the RSP and its contents in any way, User and Company acknowledge that they have read and agree to each and all of the terms and conditions set forth below.

1. The purpose of the RSP is to provide Medicaid eligible drug manufacturers (including Company) and their authorized representatives (including User) with quarterly Medicaid rebate invoices. By establishing an RSP account user name and password, User acknowledges that (i) s/he is authorized to enroll Company and User in the RSP, and (ii) Company participates in the Medicaid pharmacy benefit. Company is solely responsible for ensuring that it has the hardware, software, and peripheral technology required to access the RSP. GHS is not responsible for service difficulties resulting from Company's failure to possess technology adequate to use the RSP to their satisfaction. Company agrees to use third party browser software that supports GHS' SSL protocols.
2. GHS is not responsible for telephone, electric, electronic, network, Internet, computer, hardware or software program malfunctions, failures, delays or difficulties. Further, GHS is not responsible for incorrect or inaccurate entry information, whether caused by User or by any of the equipment or programming associated with or utilized in the RSP or by any technical or human error which may occur in the processing of any information related to the RSP.
3. Company and User give GHS consent to receive electronic mail from GHS, as necessary for maintenance of Company's account and User’s enrollment. Because e-mails transmitted across the Internet pass through servers that are not owned or operated by GHS, Company and User are aware that unauthorized third parties may access emails sent from GHS to Company. Company and User will promptly provide GHS with any changes to email addresses and accept electronic communications from GHS at the e-mail address so specified.
4. The User will establish a user name and password that will be used to register the User as an authorized user for the RSP account. Establishing the user name and password and agreeing to these terms does not grant User permission to use or access the RSP; all User information will be verified by GHS before access is granted. GHS reserves the right to revoke User’s access to the RSP at any time.
5. Company and User are responsible for maintaining the confidentiality of user names and passwords, and acknowledge that they have read and agree to the security and password policies of the RSP. Without limiting the foregoing, User and Company agree that the user name and password established by User are confidential and agree not to share the user name and/or password with another party, even if they are authorized users of the program and RSP. GHS is not liable for any damages resulting from Company's or User’s disclosure of user name and password. If User or Company believes that any assigned user name or password has been compromised, or that an unauthorized person is using the User’s RSP account user name and password to access the RSP, Company and User agree to notify GHS immediately at: rebatesvs@ghsinc.com.
6. Please note: The unit rebate amount is CONFIDENTIAL and cannot be disclosed in accordance with section 1927(b)(3)(D) of the Social Security Act.
7. All access to quarterly rebate invoices will be tracked for auditing purposes. If any suspicious activity is noted by GHS, access to the User’s account will be disabled until GHS verifies that User is the only person from Company accessing the User’s account. User and Company agree to cooperate in any investigation of misuse of the RSP.
8. Upon termination of User’s employment from the Company or User’s authorization from Company to use the RSP, User will voluntarily terminate use of the RSP, and User and Company will notify GHS immediately to fully deactivate User’s account. GHS shall not be responsible for any unauthorized access by User in the event of such termination unless and until GHS receives notice of such termination.
9. Links to other sites GHS thinks may be of interest to Company and User are provided for convenience. By providing these links, GHS is not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services, and other situations at or related to or from any other site.
10. GHS further reserves the right to modify these Terms of Use at any time, immediately, and without notice to Company or User. Any such changes will be posted to the RSP.
11. It is the sole responsibility of Company to ensure that User and all other users within Company's account comply with these Terms of Use.
12. User and Company agree to indemnify, defend, and hold harmless GHS and its officers, directors and employees from and against any and all claims, costs, expenses, injuries, liabilities, losses and damages of any kind and description resulting from or arising out of any improper use of any proprietary data obtained by User (or anyone using User’s secure user name and password) from this site. This indemnification does not extend to any claims, costs, expenses, injuries, liabilities, losses or damages arising from negligence or unlawful acts on the part of GHS.
13. User agrees not to interrupt or attempt to interrupt the operation of the RSP in any way. User understands that unauthorized access to restricted areas of the RSP may be a criminal violation. User agrees not to access such location(s), nor attempt to obtain or decrypt any passwords or other security protection associated with the RSP. User will not impersonate any person or entity, misrepresent any affiliation with a person or entity; or misrepresent the origin of any content provided to us. User agrees to comply with GHS rules and policies regarding use of the RSP, as published from time to time. User agrees that use of the RSP will at all times be for a lawful purpose and to comply with all laws and regulations applicable to use of the RSP. Possible evidence of use of this RSP for illegal purposes will be provided to law enforcement authorities. User agrees not to reverse engineer, reverse assemble, decompile, create derivative works, modify, or otherwise attempt to derive the source code of the RSP or to copy (except as otherwise expressly permitted hereunder), modify or create derivative works of its content or any materials related to the RSP or any of the services provided by GHS through the RSP.
14. GHS assumes no responsibility, and will not be liable for, any damages to, or viruses that may infect, User’s or Company’s computer equipment or other property caused by User’s access to, use of, or browsing of the RSP or downloading of any information from the RSP.
15. All content included on the GHS website and the RSP, including but not limited to trademarks and service marks, text, graphics, logos, button icons, images, audio clips, and software (collectively the “Content”) and the collection, arrangement and assembly of the Content is the exclusive property of GHS, and is protected by applicable U.S. and international intellectual property laws including without limitation patent, trademark and copyright law. The Content may not be used in any manner without GHS’ express written permission or as otherwise permitted by applicable law and, except as expressly set forth in these Terms of Use or permitted by applicable law, any use, including without limitation reproduction, modification, distribution, transmission, creation of derivative work(s), republication, display, reverse engineering, license, sale or performance of the Content of this Site is strictly prohibited.
16. All trademarks, services marks, trade names, logos, icons and domain names located on the GHS website and the RSP are the property of GHS, or the property of others (where so indicated). Any use of any such trademark, service mark, trade name, logo, icon and domain name without written permission of GHS, or the permission of other owners, is strictly prohibited.
17. The RSP contains software, photographs, graphics, text, images and other material (collectively "Material") that are protected by copyright law. All such Material also is copyrighted as a collective work under the copyright laws, and GHS owns a copyright in the selection, coordination, arrangement, and enhancement of such Material. User and Company may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Material, in whole or in part. GHS grants User and Company permission to electronically copy and print in hard copy portions of the RSP solely for the purposes contemplated by these Terms of Use. Otherwise, User and Company may not reproduce or distribute in any way Material protected by copyright without obtaining prior written permission from GHS. User and Company may use, copy and distribute the Materials and other information on the site for internal, informational purposes only. Any copy of the Material must bear any copyright, trademark, service mark or other proprietary notice that pertains to the material being copied.
18. If User or Company feel that any content on this website infringes User’s or Company’s copyrights, notify GHS at the following address: 45 Commerce Drive, Suite 5, PO Box 1090, Augusta, ME 04332-1090. Please be sure to include the following information: (a) a description of the copyrighted work alleged to have been infringed (and registration information if such work is registered with the copyright office); (b) the location of the allegedly infringing material on this website, (c) the signature (digital or hard-copy), address, telephone number, and e-mail address of the person providing the notice, and (d) a statement (notarized if possible and made under penalty of perjury) that such person is (i) the copyright owner or is authorized to act on the copyright owner's behalf; and (ii) believes in good faith that the rights of the copyright owner are being infringed, and that the uses of the allegedly infringing material are not authorized (either by the copyright owner, its agents, or applicable law). GHS will take appropriate action after receipt of such information to appropriately address the copyright issues raised, including, if necessary, removal of any infringing material.
19. GHS’ responsibility is to provide User and Company with the information and services described in these Terms of Use in a commercially reasonable manner. ALTHOUGH GHS USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE, GHS MAKES NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, OR OTHER MATERIALS AVAILABLE THROUGH THIS WEBSITE. GHS PROVIDES THIS WEBSITE ON AN "AS IS, AS AVAILABLE" BASIS AND WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY USER’S AND COMPANY’S USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OR INTERRUPTION OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. USER AND COMPANY USE IT AT THEIR OWN RISK. GHS AND ITS OFFICERS, DIRECTORS, AGENTS, THIRD PARTY SERVICE PROVIDERS AND EMPLOYEES ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, AND SPECIAL DAMAGES, EVEN IF KNOWN TO GHS) THAT MAY RESULT FROM ITS USE. GHS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY WARRANTY NOT SET FORTH IN THESE TERMS OF USE WILL NOT BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, GHS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
20. The laws of the United States and the State of Maine will govern the content and use of this RSP, without giving effect to conflict of law principles. GHS controls the RSP from its offices within the United States, and makes no representation that the content on the RSP is appropriate, legal or available for use in other locations. Those who choose to access the RSP from other locations do so at their own initiative and are responsible for compliance with applicable local laws. By registering for or entering the RSP, User and Company consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in the State of Maine.
21. United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User and Company agree to abide by these laws and their regulations, including, but not limited to, the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any such technology derived from the RSP to either a foreign national or a foreign destination in violation of such laws.