THIS PROVIDER PORTAL DOES NOT PROVIDE MEDICAL ADVICE

IMPORTANT: This EULA is a legal agreement between you and Fidelis Care ("Fidelis", "we", "our", or "us"). The Provider Portal is controlled and operated by Fidelis or its designated representatives as a service to its participating health care providers (“providers”) and visitors ("you" or "your"). By using this Provider Portal, you acknowledge that you have read, understood, and agree to be bound by these terms and comply with all applicable laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE REFRAIN FROM USING THIS PROVIDER PORTAL. FIDELIS RESERVES ITS RIGHT TO TERMINATE YOUR ACCESS TO THIS PROVIDER PORTAL AT ITS SOLE DISCRETION.

Limited Rights of Use: The material provided on this Provider Portal is protected by law, including, without limitation, United States copyright and trademark law, state laws, and international treaties. The copyright in all material provided on this Provider Portal is held by Fidelis, by the publisher, controller of the copyright, or by the original creator of the material. Unless expressly granted permission in this agreement, in the pages of the Provider Portal, or by our or the copyright holder's advance written permission, you may not copy, reproduce, distribute, republish, download, display, post, or transmit any of the material in the Provider Portal in any form or by any means. You also may not "mirror" any material contained on the Provider Portal on any other server without advance written permission. “Mirror” is defined as content copied from the Provider Portal hosted on any other site. Any automated access to the Provider Portal is also prohibited without our prior consent and will be grounds for immediate access termination. Any unauthorized use of material contained on the Provider Portal may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications laws or regulations. Fidelis authorizes you to view or download the materials on the Provider Portal for personal, commercial use only, so long as you do not modify or sell the materials and so long as you retain all copyright and other proprietary notices contained in the materials. If you do not abide by this limited non exclusive EULA, the limited permission that we grant you will immediately terminate. You must then immediately destroy any copies (electronic or print) of material from the Provider Portal. All other provisions of this EULA shall survive such a termination.

DISCLAIMER OF WARRANTY
THE MATERIALS ON THIS PROVIDER PORTAL ARE PROVIDED "AS IS", "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, FIDELIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. FIDELIS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS PROVIDER PORTAL OR ANY FIDELIS PORTALS LINKED TO THIS PROVIDER PORTAL.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL FIDELIS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS PROVIDER PORTAL, EVEN IF FIDELIS OR A FIDELIS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE INFORMATION AND SERVICES ON THIS PROVIDER PORTAL MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. YOU ASSUME THE COSTS IF YOUR USE OF MATERIALS FROM THIS PROVIDER PORTAL RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FIDELIS. FIDELIS WOULD NOT PROVIDE THIS PROVIDER PORTAL AND THE INFORMATION MATERIALS CONTAINED IN IT WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE PROVIDER PORTAL SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. MOREVER, NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THESE MATERIALS.

Changes to the Provider Portal
Although Fidelis makes no commitment to update any materials on the Provider Portal, Fidelis may at any time revise this EULA by updating this posting. By using this Provider Portal, you agree to be bound by any such revisions. You should periodically visit this page to determine the current terms and conditions to which you are bound. Your continued usage of the Fidelis Provider Portal will mean that you accept those changes.

Linking
You should be aware that when you are on the Provider Portal, you could be directed to other portals that are beyond our control. There may also be links to other portals from the Provider Portal that take you outside our service. We don't always review those portals and we take no responsibility and assume no liability for any content in such portals, or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein. You shall not upload to, distribute through, or otherwise publish through the Provider Portal any content that is defamatory, libelous, slanderous, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, that would constitute or encourage a criminal offense or violate the rights of anyone, or that would otherwise give rise to liability or violate any law. You may not link to the Provider Portal from any other portal without advance written permission, which may be requested by contacting the Chief Information Officer; Fidelis Care; 25-01 Jackson Ave Long Island City, NY 11101-5095. You may not display any portion of this Provider Portal (or any of the content found on this Provider Portal via in-line links) in frames without written permission, which may be requested by contacting the Chief Information Officer; Fidelis Care; 25-01 Jackson Ave Long Island City, NY 11101-5095.

User Administration
Only authorized users may access this Provider Portal. Each provider is responsible for selecting a User Administrator to be the main contact with Fidelis regarding the provider's offices use of the Fidelis Provider Portal. The User Administrator is required to manage the access of their provider's account users. This includes the provider's employees and agents use, including billing companies. Any use of the Provider Portal by billing companies needs the express prior permission by Fidelis. Furthermore, if applicable, the User Administrator is responsible for having a Business Associate Agreement in place with any required parties at all times. You agree to access and use information strictly applicable to the provider you are employed by. As the User Administrator, you take full responsibility for all access to the Provider Portal by your provider's employees, agents and any other delegated User Administrator. This means that you, as the User Administrator are responsible for any illegal use of the Provider Portal originating from your provider's account. You have the ability and the responsibility to add, change, and/or remove an account user at your provider's organization, and the ability to set the scope of access that an account user has to Fidelis' Provider Portal. All changes should be made in a timely manner.

Trademarks
The trademarks, service marks, and logos (the "trademarks") used and displayed on the Provider Portal are the trademarks of Fidelis and others by whom Fidelis has been authorized to use and display their marks and logos. Nothing on the Provider Portal should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Provider Portal, without the advance written permission of the trademark owner. Please be aware that Fidelis aggressively enforces its intellectual property rights to the fullest extent of the law. The trademarks, service marks and logos displayed on the Provider Portal, including others' and ours, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Provider Portal, without advance written permission. Fidelis prohibits use of any Fidelis logo as a hypertext link to any other portal unless we approve the establishment of such link by advance written permission.

Not a Substitute for Professional Health Care or Advice
The information contained in this Provider Portal is general in nature and is not a substitute for professional health care. It is not meant to replace professional medical advice, diagnosis, or treatment. If you have specific health care needs, or for complete health information, please see a doctor or other health care provider. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it due to any information supplied on this Provider Portal.

Indemnifications
You agree to indemnify, defend, and hold Fidelis and its officers, directors, owners, agents, information providers, and licensors (collectively, the "Fidelis Parties") harmless from and against any and all claims, liability, losses, costs, and expenses (including, without limitation, reasonable attorneys' fees) incurred by any Fidelis Party in connection with any use or alleged use of the Provider Portal by you. Fidelis reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

Children
We are committed to protecting the privacy of children. You should know that this Provider Portal is not intended or designed to attract children under the age of 13. If you are under 13, you are not permitted to submit to us any personally identifiable information, such as your name, address, e-mail address, telephone number or any other information that would permit us to identify you. If you are under 13, it is against the law for us to ask you for that information, and we will not ask for it, nor do we want it. Because such information will not be specifically identified as being from minors, users of the Provider Portal should be aware that personally identifiable information submitted to it by minors, in violation of this policy, may be treated in the same manner as information given by an adult. Please refer to the Privacy Policy for more information.

Governing Law
This Agreement shall be treated as though it were executed and performed in New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict or choice of law principles). Any cause of action by you with respect to the Provider Portal or any Provider Portal content or Provider Portal services must be instituted within six (6) months after the cause of action arose or shall be forever waived and barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All actions shall be brought in the appropriate state or federal court located in New York. You expressly submit to the exclusive jurisdiction of such courts and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law, the remaining portions shall remain in full force and effect, and a court of competent jurisdiction shall have the right to reform the invalid or unlawful portions of this Agreement to make them valid and enforceable. To the extent that anything in or associated with the Provider Portal is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. This Agreement constitutes the entire agreement between Fidelis and you as a user of the Provider Portal, and supersedes all prior or contemporaneous agreements with respect to the Provider Portal. We reserve to ourselves all rights not expressly granted to you in this Agreement and the Privacy Policy. This Agreement shall inure to the benefit of and bind Fidelis' agents, licensors, licensees, successors, and assigns and you and your agents, heirs, successors, assigns, estate, and legal representatives.

Void Where Prohibited
Although the Provider Portal is accessible worldwide, not all products, services, or benefits discussed in the Provider Portal are available to all persons or in all geographic locations or jurisdictions. The descriptions provided on this Provider Portal are not intended to constitute offers to sell or solicitations in connection with any product, service or benefit. All products, services, and benefits are not available in all areas and are subject to applicable regulations and eligibility criteria. Covered services or benefits are provided under the terms of the applicable plan contract or regulations, including limitations and exclusions.

Security
We take very seriously the integrity of the information and systems that we maintain. Therefore, we have instituted security measures for all information systems under our control. These security measures are designed to identify attempts to tamper with this Provider Portal. Information collected through these security measures may be used in connection with a criminal prosecution or other legal proceeding. We cannot guarantee that the security of this Provider Portal will not be breached despite our best efforts, however, because very often a determined individual is able to circumvent even the very best security measures. We reserve the right to set technical environmental settings at our sole discretion in order to ensure the security of this Provider Portal.

A Word of Thanks
We appreciate your taking the time to read these Terms and Conditions of Use, as well as your willingness to abide by them. Thank you for accessing the Provider Portal; we hope you will do so often. If you have any question concerning use of the Provider Portal or would like more information relating to any material posted on the Provider Portal, please do not hesitate to utilize the Feedback link at the top right hand corner of the Provider Portal or contact the Chief Information Officer; Fidelis Care; 25-01 Jackson Ave Long Island City, NY 11101-5095.