You must read and agree to our Site Terms and Conditions before your account can be created.
“API” means any Humana application programming interface offering or available Humana service, and any related documentation, materials, tools, and systems provided or made available to you as part of the Program or through the Portal.
“Application” means any application, website, interface, or other communication method you develop or use to interact with an API or with Content.
“Claims” means allegations, losses, costs, damages, liabilities, judgments, and expenses, of any nature, including attorneys’ fees and costs.
“Confidential Information” means any non-public or otherwise restricted information available or provided to you pursuant to your Participation, and includes without limitation, any API, Content, and/or Key.
“Content” means the data of your and Humana’s mutual users that you transmit to Humana through the API, and the data made available by Humana to you through an API or other interaction with a Humana Site.
“Humana Marks” means Humana trade names, trademarks, service marks, and logos embedded within APIs or otherwise made available through the Portal.
“Humana Sites” means the Humana.com site and all affiliated websites that are operated by or on behalf of Humana or its partners and affiliates.
“Keys” means confidential security keys or credentials that are required to access certain Content and/or Humana Sites.
“Portal” means the Humana Developer Program website at developer.humana.com.
“Program” means the Humana Developer Program.
“Registration Information” means personal and other information you provide to register for the Program and to establish user identification credentials and a password.
To Participate in the Program, you are required to register at the Portal. For certain uses and APIs, you may be provided with and required to use Keys. You agree to provide Humana with accurate and complete Registration Information, and to inform Humana immediately of any updates or other changes to your information. Humana may reject, terminate, or modify your registration or Participation at any time for any reason, in Humana’s sole discretion and without notice.
3. REPRESENTATIONS AND WARRANTIES
You represent and warrant that you and your users are 18 years of age or older. You represent and warrant that you have the authority to bind the company, entity, or person you represent by your actions. You represent and warrant that you will comply with all security requirements for access to and use of the Portal, any Human Site, any API, or any Content.
You are responsible for maintaining the confidentiality of your Registration Information and Keys. You are fully responsible for all activities in the account associated with your Registration Information and/or Keys, whether or not you authorize such activities. You agree to immediately notify Humana of any unauthorized use of your Registration Information or Keys of which you become aware. Notice of unauthorized use will not relieve you of responsibility for activities that occur as a result of unauthorized use.
5. USE OF THE PORTAL, HUMANA SITES, APIS, AND CONTENT
You will not violate the security or integrity of any network, computer or communications system, software application, or network or computing device, whether related to the Program, the Portal, any Humana Site, any API, or any Content. Prohibited activities include: (i) unauthorized access or use of any system, or breach of any security or authentication measures used by a system; (ii) intercepting, monitoring, and/ or blocking of, and/or interfering with, data or traffic on a system without authority or permission; or (iii) falsification of origin, e-mail headers, or any part of a message describing its origin or route.
6. GRANT OF LICENSES
B. Trademarks Humana grants you a non-exclusive, non-transferable, non-sublicensable (except as expressly permitted herein) limited license to display the Humana Marks in compliance with all Humana requirements for such usage (including without limitation all trademark usage guidelines posted on Humana Sites) solely in connection with offering your users the opportunity to interact with Humana Sites. Humana reserves the right to review and approve any uses of the Humana Marks. You will not acquire any rights or interest in any Humana Marks, and any goodwill generated will inure solely to Humana’s benefit.
7. RESTRICTIONS ON RIGHTS TO USE
You hereby grant Humana and its affiliates a perpetual, universal, non-exclusive, royalty-free right to: (i) copy, display, modify, transmit, make derivative works of and distribute any information or content you provide; and (ii) post, upload, disclose, or otherwise transmit information and content to Humana through an API, Humana Site, and/or the Portal, for the purpose of interacting with you and your Users, subject to limitations imposed by applicable laws and regulations. You represent and warrant to Humana that you have the right, as owner, licensee, or authorized agent to make such information and content available to Humana. You are solely responsible for any copyright violations you may incur as a result of your Participation.
12. MONITORING AND ENFORCEMENT
YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION, INCLUDING WITHOUT LIMITATION, YOUR USE OF THE PORTAL, HUMANA SITES, APIS, CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, OR OTHER MATERIALS MADE AVAILABLE BY HUMANA, IS ENTIRELY AT YOUR OWN RISK, AND THAT THE PORTAL, HUMANA SITES, APIS, CONTENT, INFORMATION, AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, HUMANA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS AS TO THE AVAILABILITY, SECURITY, OPERATION, RELIABILITY AND/OR USE OF SUCH ITEMS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, HUMANA DOES NOT REPRESENT OR WARRANT THAT SUCH ITEMS ARE ACCURATE, COMPLETE, OR CURRENT, AND HUMANA IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE SAME. HUMANA MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PORTAL, HUMANA SITES, APIS, CONTENT, OR YOUR PARTICIPATION WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANYONE FROM HUMANA OR THE PORTAL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
14. LIMITATION ON LIABILITY
IN NO EVENT SHALL HUMANA, ITS AFFILIATES, OR THE RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS REPRESENTATIVES, OR MEMBERS, OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA, ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF THE PORTAL, HUMANA SITES, APIS, OR CONTENT, OR ANY OTHER INFORMATION, SERVICES OR MATERIALS PROVIDED BY HUMANA OR RELATED TO YOUR PARTICIPATION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, HUMANA'S RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE PORTAL, HUMANA SITES, APIS, CONTENT, OR ANY OTHER INFORMATION, SERVICES OR MATERIALS PROVIDED BY HUMANA OR YOUR PARTICIPATION HEREUNDER, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED US DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
16. CHOICE OF LAW, VENUE, AND DISPUTES
17. OTHER TERMS