Legal

Welcome to the Praestan Health Website

Welcome to the Praestan Health website! Praestan Health maintains this website (“Website”) for your personal information, education and communication. Your access to and use of this Website is subject to the following Terms of Use. Please read these Terms of Use carefully before accessing or using the Website, so that you fully understand your rights and responsibilities. If you are experiencing a medical emergency, you should not rely on any information on this website and should seek appropriate emergency medical assistance, such as calling “911”.

Your Agreement

These website Terms of Use (“Terms”) describe the rules for using this website. These Terms constitute a legally binding agreement between you, the person using this website, and Praestan. If you are helping another person use this website, these Terms constitute a legally binding agreement between both the helper and the person being helped and Praestan.

By using this website, you agree to the most-recent Terms as well as the most-recent version of our Privacy Policies. We may change these Terms at any time, and such changes will be posted on this or a similar page of this website. It is your responsibility to review these Terms each time you use this website. By continuing to use this website, you consent to any changes to our Terms.

Representations Made by You

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to be legally bound by these Terms of Use. You agree to be responsible for your use of the Website and to comply with your responsibilities and obligations as stated in these Terms of Use.

If you are not 18 years of age, you are not permitted to use this Website and must exit now.

Content of this Website

Although Praestan Health attempts to ensure the integrity and accuracy of the content on the Website, it makes no guarantees whatsoever as to the correctness or accuracy of such content. It is possible that the Website and its content could include inaccuracies or errors, and third parties could make unauthorized additions, deletions and alterations to the Website. In the event you become aware of an inaccuracy, please inform Praestan Health so that it can be corrected.

Praestan does not make any warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the website or any content or information contained within it.

Website content may be changed or updated without notice. Praestan reserves the right to modify Website content without any obligation to notify past, current or prospective Website users.

Some services may not be available in certain areas. Praestan Health makes no representations that the materials on this Website are appropriate or available for use in other states or other countries besides the United States. Those who do access this Website from other states or countries are solely responsible for compliance with the laws of such state or country.

You are responsible for the accuracy of information that you submit to us via this Website. We have no obligation or liability for any information that is not accurate.

Restrictions on Your Use

You may not download, reproduce or otherwise distribute any materials on this Website without our prior express written consent and/or the consent of any third party copyright owner.

Any rights that are not expressly granted by these Terms of Use or any applicable end user license agreements are reserved by Praestan Health.

You may not use this Website or its content for any purpose prohibited or restricted by law or in violation of these Terms of Use.

Intellectual Property Rights

The Website and its content is the property of Praestan Health, its affiliates or its third party sources and vendors. The Website and its content are protected by federal and international copyright and trademark laws. The distinctive and original layout and presentation of the Website also constitutes protectable trade dress under applicable federal law. “Praestan” and the logo are service marks of Praestan Health. All other trademarks, service marks and logos used on this Website are the trademarks, service marks or logos of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to Praestan Health or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

No Warranty

All content on this website is provided to you on an “as is”, “as available” basis. The company, all third parties, if any, providing content for this website, and all third parties providing support or information for this website (collectively, “website-related-parties”) hereby disclaim all warranties of any kind, either express or implied, statutory or otherwise including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

The website-related-parties make no warranty as to the accuracy, completeness, timeliness, correctness, or reliability of any content available through this website. Without limiting the foregoing, the website-related-parties specifically do not represent or warrant that any information regarding particular plan benefits or scope of coverage is accurate or complete. The website-related-parties make no representations or warranties that use of this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the technology that makes it available are free of viruses or other harmful components. You are responsible for taking all precautions necessary to ensure that any content you may obtain from this website is free of viruses and any other potentially destructive computer code.

No advice or information, whether oral or written, obtained by you from Praestan Health or in any other manner from this Website creates any warranty.

Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.   Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Limitation on Liability

You agree that none of the website-related-parties shall be liable for any damage resulting from your use or inability to use this website or the content. This protection covers claims based on warranty, contract, tort, strict liability, and any other legal theory. This protection covers the website-related-parties, including all affiliates, and their officers, directors, employees, and agents. This protection covers all losses including, without limitation, direct or indirect, special, incidental, consequential, exemplary, and punitive damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption. The total, cumulative, liability of the website-related-parties, including all affiliates, and their officers, directors, employees, and agents, if any, for losses or damages shall be limited to the amount of your actual damages, not to exceed U.S. $100.00. The limit of liability may not be effective in some states. In no event shall the website-related-parties, including all affiliates, and their officers, directors, employees, and agents, be liable to you for any losses or damages other than the amount described above. All other damages, direct or indirect, special, incidental, consequential, exemplary, or punitive, resulting from any use of the website or content are excluded even if the website-related-parties have been advised of the possibility of such damages. You agree that you use this website at your own risk. If you are dissatisfied with this website or the content, your sole and exclusive remedy is to discontinue using the website.

Indemnification

You agree to indemnify, defend and hold harmless Praestan Health, its affiliates and their respective officers, directors, employees and agents from and against all losses, expenses, liabilities, damages and costs, including without limitation reasonable attorney fees, resulting from or arising from any use of the Website or its content or any violation of these Terms of Use.

Governing law and statute of limitations

The laws of the State of Minnesota govern these Terms and any cause of action arising under or relating to your use of the website, without reference to its choice-of-law principles. You agree that the only proper jurisdiction and venue for any dispute with the Company, or in any way relating to your use of this website, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving the Company or its employees, officers, directors, agents and providers. If any provision of these Terms is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.

Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this website, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.

Privacy Policy

Use of this Website is also governed by the terms of the Praestan Health Privacy Policy, which are incorporated into these Terms of Use by this reference. Any Protected Health Information collected on the Website will be used and disclosed only in accordance with Praestan Health’s HIPAA Authorization.

Third Party Websites

Praestan Health has no liability for any third party website that you may access through this Website. When you access a third party website, please understand that it is independent from Praestan Health, and that Praestan Health has no control over the Website or its content.

In addition, Praestan Health does not endorse any third party whose Website may be linked from this Website. Praestan Health does not and cannot ensure that the propriety, security or accuracy of any third party website and we encourage you to review the posted policies of any website that you visit.

Entire Agreement

These Website Terms of Use, along with the Praestan Health Privacy Policy , and if applicable, Praestan Health HIPAA Authorization constitute the entire agreement between Praestan Health and you pertaining to the subject matter hereof. If a court deems any provision of this Agreement unenforceable or invalid, then the court will modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision will be severed and the remaining terms of this Agreement interpreted and read to give them maximum enforceability.

Questions, comments or reports of incidents

You may direct questions, comments or reports to Praestan Health: by filling out our contact us form.