By accessing any Aetna Sponsored Social Media and Community Page (the “Aetna Page”), you agree to comply with these Aetna Social Media and Community Terms of Use (the “Terms of Use”), in addition to any terms or requirements posted on the Aetna Page.
Any content or comments you provide on the Aetna Page shall be referred to as “User Content.”
User Content:
Although Aetna is under no obligation to screen or monitor any User Content, Aetna may, in its sole discretion, screen or monitor User Content to review compliance with these Terms of Use or for any other purpose, and may delete, block, refuse to post or edit any User Content and/or restrict your access to the Aetna Page at any time and for any reason without notice or liability, subject to the Aetna Page’s terms and conditions and functionality provided by the Aetna Page.
USER CONTENT DOES NOT REFLECT THE OPINIONS OF AETNA, ITS EMPLOYEES OR AFFILIATES, AND AETNA DOES NOT ENDORSE ANY USER CONTENT AND TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT POSTED, STORED OR UPLOADED BY ANY USER, OR FOR ANY LOSS OR DAMAGE THERETO.
User Content must adhere to the following requirements and CANNOT:
- Contain any third-party material (including any intellectual property), including, without limitation, logos, drawings, tattoos, photographs, pictures, sculptures, paintings and other images or works of art, phrases, trademarks, trade secrets or other items (collectively, “Third Party Materials”) without the explicit prior written permission to use any such Third Party Materials;
- Be sexually explicit; graphically, gratuitously or unnecessarily violent; defamatory or derogatory of any ethnic, racial, gender, religious, professional or age group; pornographic; or contain nudity;
- Contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without explicit prior written permission;
- Contain private information about yourself or any other individual, including, without limitation, information related to the health of the individual, financial information about the individual, or any identification or account numbers related to the individual, with or without their permission or consent;
- Be in violation of any law, or depict any materials or images that are in violation of any law;
- Contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or
- Contain any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or promote illegal activity and/or illegal contests, sweepstakes, gambling, including any online casino, sports books, bingo or poker, or any other form of solicitation.
Release: You acknowledge and agree that you are solely responsible for your User Content and any related content uploads, posts, emails, and/or other communications disseminated in connection with your use of the Aetna Page and agree that you will not hold Aetna, its subsidiaries and affiliates, responsible or liable and shall release Aetna, its subsidiaries and affiliates, from any liability related to any User Content submitted by you or related to your use of the Aetna Page.
License: You hereby grant to Aetna, its subsidiaries, affiliates and agents, a perpetual (as long as Aetna or any other third party has not deleted the User Content), non-exclusive, worldwide, irrevocable, sub-licensable, royalty-free license to use, redact, reproduce, publish, adapt, edit, modify, create derivative works of, perform, display, distribute or otherwise exploit your User Content and/or all other intellectual property contained therein, alone or with other materials for any commercial or non-commercial purposes in Aetna’s sole discretion without any compensation paid to you and without further approval from you.
Proprietary Rights: The Aetna Page contains information and materials protected by copyright, trademark, and/or other proprietary laws. Such information and materials may include, without limitation, trademarks, service marks, trade names and logos of Aetna, its affiliates and third parties. Nothing on the Aetna Page grants or should be construed as transferring, assigning or granting to you any rights, including without limitation, a license to use, any such information and materials. Additionally, you understand and agree that you do not own or have any rights in the Aetna Page, or any information or material made available through the Aetna Page (other than your User Content). Except as otherwise stated, you agree not to copy, rent, lease, sell, make available, distribute, modify or make derivative works of the Aetna Page or any information that we post to the Aetna Page (other than your User Content) without our prior express written consent.
Links: The Aetna Page may provide you with links to websites, services, products, content or other material of third parties. You acknowledge and agree that we do not endorse and are not responsible or liable for any material available through such links, and that you access such material at your own risk. We encourage you to review the privacy and terms of use policies made available to you by such third parties. YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.
Privacy: We have no intention of collecting personally identifiable information from children under the age of 13. Additionally, the privacy of your personal information is very important to us. For more on what information we collect and how we use such information, please read our Privacy Policy. You agree to our collection, use and sharing of your information and User Content as set forth in the Privacy Policy.
The Aetna Page is intended for persons older than 18 years. If you live in a state where the explicit consent of a parent or legal guardian is required if you are under the age of 21, you may be required to secure such consent prior to submitting a Submission or other content to the Website.
Aside from personally identifiable information, which is defined in and subject to the Website's Privacy Policy, any User Content that you provide will be considered non-confidential and non-proprietary.
No Warranties: The information, materials and services on the Aetna Page are provided to you “as is,” without any express or implied representations or warranties of any kind, including any warranties as to merchantability or fitness for a particular purpose or non-infringement of intellectual property. We make no representation or warranties as to any material or information posted on the Aetna Page or that your use of content posted on or material otherwise made available through this Aetna Page will not infringe the rights of third parties.
WHILE WE USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE AETNA PAGE, WE ASSUME NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN SUCH INFORMATION. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE AETNA PAGE OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE AETNA PAGE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST DATA, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO US $100.
Indemnity: You agree to defend and indemnify Aetna, its subsidiaries, and affiliates, and each of our respective officers, agents, directors, shareholders, partners, licensors, service providers, and employees, from any loss, liability, claim, or demand, including reasonable attorneys’ fees, issued by any third party due to or arising out of your use of the Aetna Page arising from a breach or alleged breach of these Terms of Use by you (including, without limitation, any breach of your representations and warranties set forth herein).
Digital Millennium Copyright Act: We are committed to complying with copyright and related laws, and we require all users of the Aetna Page to comply with these laws. Accordingly, you may not store any material or content on, post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is our policy to terminate use privileges of any user who infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent. Upon receiving such notice, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the DMCA procedures to resolve the claim between the notifying party and the alleged infringer.
If you believe that your work has been posted on the Aetna Page in a way that constitutes copyright infringement, please provide our designated agent (see below) with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Aetna Page;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our designated agent for notice of claims of copyright infringement can be reached by sending an e-mail to DMCANotice@aetna.com.
Miscellaneous: Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein, constitutes the entire understanding between you and us. You agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or related to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Governing Law; Arbitration: These Terms of Use are governed by the laws of the State of Connecticut, U.S.A., without regard to its conflicts of law provisions, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY OR ANY ASPECT OF THE RELATIONSHIP BETWEEN US, SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. BY YOUR USE OF THE AETNA PAGE, YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS OF USE WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND, BY ENTERING INTO THESE TERMS OF USE, YOU ARE GIVING UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by the terms and conditions of these Terms of Use. The Supplementary Procedures are available online Unless you request that hearings be conducted in person, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances shall be held in New York, NY, U.S.A. Arbitration proceedings shall be conducted in a manner that preserves confidentiality. The arbitrator's decision shall follow the terms and conditions of these Terms of Use and shall be final and binding. The arbitrator shall have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing herein shall preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.
Use of the Aetna Page is unauthorized in any jurisdiction that does not give effect to these Terms of Use. Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Aetna Page or information provided to or gathered by us with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 these Terms of Use shall continue in effect. These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein, constitutes the entire understanding between you and us.
Assignment: We may assign, transfer or sublicense any or all of our rights or obligations under these Terms of Use without restriction. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written permission.
Notices and Questions: We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Aetna Page or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address. Should you have any questions regarding these Terms of Use you may contact us at SocMedCoEExternal@AETNA.com.