Developer portal terms of use

Effective date: March 22, 2023
Government Employees Health Association, Inc. and its affiliates and subsidiaries (collectively, "GEHA," "we," "us," or "our") is pleased to provide you with access to and use of our developer portal (“Developer Portal”), including the application program interfaces (collectively, “APIs”) described on the Developer Portal. This developer portal terms of use agreement ("Agreement") governs the use, whether as a guest or a registered user, of the Developer Portal and other GEHA websites that link to this Agreement or on which this Agreement is posted or referenced by you (“you” or “your”), including the employer or entity on whose behalf you are using the Developer Portal (“Your Company”).

Before Accessing and Otherwise Using GEHA's Developer Portal, Please Read this Agreement Carefully.

Click on a link below to jump to a specific section of this Agreement:

• Legally Binding Agreement
• Eligibility to Use Our Developer Portal
• Additional Terms May be Applicable
• Changes to Agreement
• Lawful Use of Developer Portal
• General User Agreements
• Unauthorized Use or Misuse of Developer Portal
• Access to Developer Portal and Accessibility
• Developer Portal and API Content
• Trademarks
• Blog Posts
• No Solicitation Intended
• No Legal Advice Provided
• Social Media
• Third Party Websites and Services
• Updates to Mobile Applications
• Privacy and Security
• Disclaimer of Warranties
• Limitation and Release of Liability
• Indemnification
• Dispute Resolution
• Geographic Restrictions/Export Controls
• Termination
• Information for California Residents
• Miscellaneous Provisions
• Questions

1. Legally Binding Agreement

Please read this Agreement carefully before you use our Developer Portal. This Agreement forms a legally binding contract between you and GEHA. We represent and warrant that GEHA has validly entered into this Agreement and has the legal power to do so.

By using our Developer Portal, you accept and agree to be bound and abide by this Agreement and affirm that you are able and legally competent to do so. If you are using our Developer Portal on behalf of Your Company, you affirm that you are an authorized representative of Your Company and have the authority to bind Your Company to this Agreement. If you do not agree to all terms set forth in this Agreement, or if you have acting on behalf of Your Company but do not have the authority to bind Your Company, then GEHA does not agree to your use of our Developer Portal, and you must immediately stop accessing and using our Developer Portal. Otherwise, by accessing and using our Developer Portal, you are agreeing to be bound by this Agreement.

2. Eligibility to Use Our Developer Portal

Our Developer Portal is offered to and intended for use only by users who are 18 years of age or older and reside in the United States or any of its territories. By using our Developer Portal, you represent and warrant that you are of legal age to form a binding contract with GEHA, meet all of the foregoing eligibility requirements, and have validly entered into this Agreement. If you do not meet all of these requirements, then we do not agree to your use of our Developer Portal, you must not access or use our Developer Portal.

3. Additional Terms May Be Applicable

Certain services offered by or through our Developer Portal may be governed by additional terms and conditions presented in conjunction with such services ("Additional Terms"). You must agree to the Additional Terms before using such services. Any Additional Terms are to be applied in addition to the terms in this Agreement. If any provision of the Additional Terms conflicts with any provision in this Agreement, the Additional Terms will prevail over the inconsistent provision in this Agreement solely to the extent of the inconsistency.

4. Changes to Agreement

GEHA reserves the right to revise and update this Agreement at any time in our sole discretion. We will provide advance notice of all such changes by posting information about upcoming updates to this Agreement on the home page of our Developer Portal. All changes are effective immediately when we post them (the "Effective Date" of the revised Agreement) and apply to all access to and use of the Developer Portal thereafter. Any revised Agreement will supersede all previous versions of such Agreement, but changes will not apply retroactively. If you do not agree to all terms set forth in any updated Agreement, then GEHA does not agree to your use of our Developer Portal, and you must immediately stop accessing and using our Developer Portal. Your continued access to and use of the Developer Portal following the posting of a revised Agreement means that you accept and agree to the changes. You are expected to periodically review this Agreement so you are aware of any changes, as they are binding on you.

This Agreement may not be orally modified. Neither you nor any individual GEHA employee are permitted to change the terms of this Agreement.

5. Lawful Use of Developer Portal

You agree to use GEHA's Developer Portal only for lawful purposes and in accordance with this Agreement. It is your responsibility to determine whether your use of our Developer Portal is lawful, and you must comply with all applicable laws while using our Developer Portal. You are not permitted to use our Developer Portal for any illegal purpose. Your access to our Developer Portal is permitted on a temporary basis and is conditioned upon your adherence to the terms of this Agreement.

6. General User Agreements

If you choose to remain on our Developer Portal or to later return to our Developer Portal, or to use or access any of our APIs described on our Developer Portal, you agree that:

• You will be bound by all terms and conditions set forth in this Agreement;
• You will not use our Developer Portal in any manner that violates any applicable laws or regulations (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);
• All information you submit through our Developer Portal, including account registration information, will be truthful, accurate, and complete;
• You will update any submitted information, including account registration information, as necessary in order to maintain complete, accurate, and current information;
• You will not collect or store any personal data about any other user of our Developer Portal unless you are legally entitled to do so;
• You agree to return or destroy copies of any GEHA Content, as defined below, you have made if we ask you to do so;
• You will only use the APIs in accordance with the API documentation GEHA makes available, including any limitations or restrictions contained in the API documentation such as limits on access, volume or call frequency;
• You will be held responsible for all use of your account, including any use by others in the event you ever enable others’ access to your account;
• You will notify us promptly at privacyofficer@geha.com of any unauthorized use of your login name, password, other account information, or of any other breach of security of which you become aware involving your account or our Developer Portal;
• You are at or over the age at which you are legally permitted by your country of residence to provide consent to personal data processing activities;
• GEHA may contact you using the email address that you provided when you signed up to receive information;
• You will not use our Developer Portal for any unauthorized purposes or in any manner that could damage, disable, overburden, or impair the Developer Portal or GEHA's servers or networks or interfere with any other party's use and enjoyment of our Developer Portal;
• You will not use any robot, spider, or other automatic device, process, or means to access the Developer Portal for any purpose, including monitoring or copying any of the material on the Developer Portal, except that you may use code or applications to access the APIs as they are intended and permitted to be accessed as set forth in this Agreement and any API documentation;
• You will not use any device, software, or routine that interferes with the proper working of the Developer Portal;
• You will not introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the Developer Portal;
• You will not attempt to circumvent any limitations on your access rights or gain unauthorized access to, interfere with, damage, or disrupt any parts of the Developer Portal, the servers on which the Developer Portal are stored, or any server, computer, or database connected to the Developer Portal;
• You will not attack the Developer Portal via a denial-of-service attack or a distributed denial-of-service attack; and
• You will not otherwise attempt to interfere with the proper working of the Developer Portal.



7. Unauthorized or Use or Misuse of Developer Portal

You agree that your right to access and use our Developer Portal will cease immediately upon your violation of any of the terms set forth in this Agreement or upon any unauthorized use or misuse of our Developer Portal, and that GEHA has total discretion to terminate your account and/or your access to its Developer Portal without further notice if you violate any terms or prohibitions set forth in this Agreement.

Unauthorized use and misuse of GEHA's Developer Portal are strictly prohibited, and, depending on the circumstances, may subject you to a civil claim for damages and criminal prosecution. GEHA reserves the right to report any breach of this Agreement or unauthorized use or misuse of our Developer Portal to law enforcement authorities.

8. Access to Developer Portal and Accessibility

GEHA reserves the right to amend or discontinue our Developer Portal, and any API, service or material we provide on our Developer Portal, in our sole discretion and without notice. GEHA affirmatively disclaims any liability for any occasions on which all or any part of our Developer Portal may be unavailable for your use. From time to time, we may restrict access to some parts of our Developer Portal, or the entirety of our Developer Portal, to any or all users, and we reserve the right in our sole discretion to place any limits on API access or usage as we deem fit, including call frequency, volume, speed and data throughput.

GEHA is committed to providing all individuals with the opportunity to access to our Developer Portal. If you have difficulty accessing information on our Developer Portal or you have limited English proficiency and require assistance, please contact 800.735.2966 (TTY) or 800.821.6136 for GEHA Customer Care.

9. Developer Portal and API Content

Our Developer Portal, including all information, data, API descriptions and specifications, graphics, images, artwork, displays, text, video clips, data compilations, software, HTML code, audio clips, trademarks, service marks, logos, trade names, look-and-feel, and other content provided on, in, or through our Developer Portal (collectively, "GEHA Content") are owned by GEHA, its licensors, or other providers of such material and are protected under applicable laws.

Subject to your compliance with this Agreement, applicable laws and the API documentation, GEHA grants you a personal, revocable, nonexclusive, non-transferrable, and limited license (without the right to sublicense) (the "Limited License") to access and use GEHA's Developer Portal and to access the APIs and the GEHA Content made available through the APIs solely for your own personal, non-commercial use, or for the use of Your Company for Your Company’s internal purposes, and not for further reproduction, publication, or distribution until your license is terminated or revoked as set forth in this Agreement.

Except for the Limited License granted to you by this Agreement, or as otherwise permitted under applicable law, you acknowledge and agree that:

• Trade secrets and intellectual property embodied in GEHA's Developer Portal and GEHA Content have not been and will not be licensed or otherwise disclosed to you;
• Neither the copyrights, trademarks, other intellectual property; nor any portion of GEHA's Developer Portal or GEHA Content may be used, reproduced, duplicated, copied, sold, resold, accessed, distributed, modified, used to create derivative works, publicly displayed, publicly performed, or otherwise exploited, in whole or in part, for any purpose except as explicitly permitted in this Agreement or with GEHA's prior written consent; and
• Unauthorized use of GEHA Content may violate copyright, trademark, patent, trade secret, and other intellectual property or proprietary laws.

You agree that unless GEHA provides you with prior written authorization to do so, you will not:

• Modify copies of any materials from the Site;
• Access or use GEHA Content in any public or commercial manner or for any commercial purpose;
• Delete or alter any copyright, trademark, or other proprietary rights notices from GEHA Content or from any copies of GEHA Content; or
• Use GEHA Content in a manner that suggests that you have an association with GEHA.

All rights not expressly granted here are reserved by GEHA. If you would like to request GEHA's permission to use GEHA Content, email editor@geha.com.

10. Trademarks

The GEHA logo, Government Employees Health Association®, GEHA®, GEHA Solutions, Inc.®, GEHA Connection Dental Discount®, GEHA Express®, GEHA Health Balance®, GEHA Holdings, Inc.®, GEHA Connection Dental Federal®, Connection Dental Discount®, Connection Dental Network®, Connection Hearing®, Connection Dental®, Connection Dental Plus®, Connection Vision ®, Connection Dental Rewards Program®, PPO USA®, Health E-Report®, The Benefits of Better Health®, any other GEHA trademarks, and all related names, logos, product and services names, designs, and slogans are trademarks of GEHA or its affiliates or licensors. You may not use such marks without the prior written permission of GEHA. All other names, logos, product and service names, designs, and slogans on the Developer Portal are the trademarks of their respective owners.

11. Blog Posts

The information provided through GEHA blogs on our Developer Portal do not necessarily reflect the position of GEHA, our subsidiaries, or our affiliated companies. Such information is for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of such information. Information provided through GEHA blogs should not be relied upon as professional advice. Any reliance you place on such information is strictly at your own risk. GEHA disclaims all liability and responsibility arising from any reliance placed on such information by you or any other visitor to our Developer Portal, or by anyone who may be informed of such information.

12. No Solicitation

Our Developer Portal are designed to provide general information about GEHA and our products and services, as well as certain information and data via our APIs. Information on our Developer Portal, including product and service descriptions, if any, is not intended to constitute an offer to sell or a solicitation in connection with any product or service. Some products may not be available in all areas.

13. Health Information Does Not Constitute Medical Advice

Any health information contained in our Developer Portal, including the data accessible through our APIs ("Health Content"), is general in nature and is provided solely for informational purposes as a public service to promote consumer health. GEHA's Health Content cannot, and is not intended to, replace the relationship that patients have with their health care professionals. The Health Content on our Developer Portal does not constitute medical advice and is not a substitute for proper medical care or advice provided by a health care professional. GEHA assumes no responsibility for any circumstances arising out of the use, misuse, interpretation or application of any Health Content on our Developer Portal. Always consult with your health care professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you.

14. No Legal Advice Provided

Nothing contained, expressed, or implied in our Developer Portal is intended as, or should be understood or construed as, legal advice, guidance, or interpretation. The information contained in our Developer Portal is for general informational purposes only. If you have questions about any law, statute, regulation, or requirement expressly or implicitly referenced in our Developer Portal, you should contact your own legal counsel.

15. Social Media and App Stores

GEHA's social media pages/channels (e.g., Twitter, Facebook, LinkedIn, YouTube) (collectively, "GEHA Social Media"), as well as the Apple App Store for iOS, the Google Play Store for Android, and other mobile application stores (collectively, "App Stores"), which may contain reviews of GEHA mobile applications, are places where you may find more information about GEHA. The mention of specific products or services on GEHA Social Media or in App Stores does not constitute or imply a recommendation or endorsement by GEHA, unless such recommendation or endorsement is explicitly stated by GEHA. Neither GEHA nor any of its subsidiaries are responsible for any content from any individuals or entities other than GEHA that are posted on or that otherwise appear on GEHA Social Media or in App Stores, including but not limited to content and links posted by users or mobile application reviewers. GEHA does not control, endorse, or take responsibility for any third-party content and makes no representations regarding the accuracy of content, opinions, claims, or advice shared by third parties on GEHA Social Media.

For your security, you should not post any personal or health information (such as policy number, medical conditions, or medications) about you or any other party on GEHA Social Media. GEHA reserves the right to remove postings from GEHA Social Media that (1) are abusive, defamatory, or obscene; (2) are intended to harass or threaten others; (3) are fraudulent, deceptive, or misleading; (4) are in violation of copyright or intellectual property laws; (5) infringe on another's rights; (6) contain advertising or SPAM; (7) promote any particular agent, third-party distributor, direct marketing channel, products, or services not offered by GEHA; or (8) that GEHA otherwise deems inappropriate. GEHA reserves the right to ban and block individuals that post prohibited content on its Developer Portal or on GEHA Social Media.

GEHA Social Media and App Stores are subject to the terms and conditions of use for each individual social media website and App Store. Therefore, when visiting GEHA Social Media or App Stores, you should familiarize yourself with the applicable social media website owners' (e.g., Twitter, Facebook, LinkedIn, YouTube) or the applicable App Store's posted terms and conditions of use. For additional information on GEHA Social Media, please review our Social Media Participation Guidelines.

16. Third Party Websites and Services

GEHA's Developer Portal may contain or otherwise utilize links, third-party plug-ins, and/or applications ("Links"), that connect to third-party websites and resources ("Third-Party Resources"). Links are provided for your convenience only. The inclusion of Links on our Developer Portal does not constitute or imply GEHA's endorsement of, or association with, such Third-Party Resources. GEHA does not control Third-Party Resources and, therefore, GEHA is not responsible for such Third-Party Resources, or any information or materials posted on or made available by such Third Party-Resources. If you decide to access any of the Third-Party Resources through Links on our Developer Portal, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Resources.

17. Updates to Mobile Applications

We may from time to time, in our sole discretion, develop and provide updates for our mobile applications, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, "Updates"). Updates may also modify or delete in their entirety certain features and functionality.

Based on your mobile device settings, when your mobile device is connected to the Internet either: (a) the Updates will automatically download and install; or (b) you may receive notice of or be prompted to download and install available Updates. Promptly download and install all Updates. If you do not, portions of GEHA Developer Portal may not properly operate.

You agree that GEHA has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of our mobile applications. You further agree that all Updates will be deemed part of GEHA Developer Portal and will be subject to all terms and conditions in this Agreement.

18. Privacy and Security

Your use of our Developer Portal is subject to our Privacy Policy. You should review this Privacy Policy carefully. If you do not understand or agree with our data collection and privacy practices, as set forth in our Privacy Policy, please do not use our Developer Portal.

For information about our privacy practices regarding protected health information and medical information under the Health Insurance Portability and Accountability Act, please review our Notice of Privacy Practices.

19. Disclaimer of Warranties

GEHA makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of any information, content (including GEHA Content and Health Content), materials, services, products, merchandise, functionality, or other resources available on or accessible through our Developer Portal (collectively, "Resources"), including the substance, accuracy, or sufficiency of any service or product information listed on our Developer Portal.

Your use of our Developer Portal and any Resources available on or obtained through our Developer Portal is at your own risk. Our Developer Portal and any Resources available on or obtained through our Developer Portal are provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied. Neither GEHA nor any person associated with GEHA makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of our Developer Portal or any Resources. Without limiting the foregoing, neither GEHA nor any person associated with GEHA represents that our Developer Portal or any Resources available on or obtained through our Developer Portal will be accurate, reliable, error-free, or uninterrupted; that defects will be corrected; that our Developer Portal or the server that makes it available are free of viruses or other harmful components; or that our Developer Portal or any Resources available on or obtained through our Developer Portal will otherwise meet your needs or expectations.

You are responsible for taking all precautions necessary to ensure that any Resources you may obtain from our Developer Portal are free of viruses and any other potentially destructive material. You are responsible for ensuring that any device you use to access our Developer Portal and any Resources available on or obtained through our Developer Portal is suitable for that purpose, e.g., devices that have not been modified from manufacture specifications and meeting the technical requirements to be able to view and access our Developer Portal and any Resources. To the fullest extent permitted by applicable laws, GEHA will not be liable for any loss or damage resulting from your use of our Developer Portal or Resources available on or obtained through our Developer Portal.

To the fullest extent permitted by applicable laws, GEHA specifically disclaims all warranties and conditions of any kind, whether express or implied, statutory, or otherwise, including but not limited any Implied Warranties and Conditions of Merchantability; Fitness for a Particular Purpose; Non-Infringement; Fitness for the Ordinary Purpose; Accuracy of Information; Title; Freedoms from Defects, Uninterrupted Use, and all warranties implied from any course of dealing or usage of trade.

Some jurisdictions do not permit the exclusion of implied warranties, which means that some or all of these exclusions may not apply to you. If any of the above provisions are void under applicable law, GEHA's liability shall be limited to the fullest extent permitted by law.

20. Limitation and Release of Liability

To the fullest extent permitted by applicable law, in no event will GEHA, or any of its affiliates, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Developer Portal, any websites linked to our Developer Portal, or any Resources available on or obtained through our Developer Portal, including any direct, indirect, special, exemplary, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

If you are a California resident, you waive your rights with respect to California Civil Code Section 1542, which asserts that "a general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

You acknowledge and agree that the above-asserted limitations of liability, together with the other provisions in this Agreement that limit liability, are essential terms and that GEHA would not be willing to grant you the rights set forth in this Agreement but for your Agreement to the above-asserted limitations of liability.

If the limitations of liability set forth in this section are inapplicable or unenforceable for any reason, GEHA's maximum liability for any type of damages hereunder shall be limited to $100.

21. Indemnification

You agree, at your own expense, to defend, indemnify, and hold harmless GEHA and its third-party service providers, as well as all of our third-party service providers' subsidiaries, affiliates, related entities, directors, officers, shareholders, employees, and agents from and against all claims, actions, liabilities, losses, demands, damages, judgments, awards, costs, expenses, or fees (including reasonable attorneys' and accounting fees) arising out of or relating to your use of GEHA's Developer Portal or any Resources or arising out of or relating to your violation of any terms set forth in this Agreement, your violation of any rights of any third party, or your any violation of any applicable law, regulation, rule, or standard.

This indemnification provision does not apply to the extent it is prohibited by any applicable law. GEHA reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of GEHA may be made without GEHA's prior written approval.

22. Dispute Resolution

Choice of Law: Except for any disputes relating to intellectual property rights or infringement claims, all of which shall be governed by United States federal law, any disputes between you and GEHA and our agents, employees, officers, directors, principals, successors, assigns, subsidiaries, or affiliates arising from or relating to this Agreement and the interpretation, formation, performance, breach, enforceability, termination, or validity thereof, or otherwise arising from or relating to our Developer Portal (each individually a "Dispute"; collectively, "Disputes"), shall be governed by and construed and enforced in accordance with the internal laws of the State of Missouri, regardless of the location in which you reside or where you access our Developer Portal, and without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction).

Agreement to Arbitrate: You and GEHA agree that all Disputes shall be resolved by final and binding arbitration in Lee's Summit, Missouri by and pursuant to the rules of the American Arbitration Association ("AAA"). You and GEHA further agree that:

• Prior to initiating any arbitration, the initiating party will give the other party at least 60 days advanced written notice of its intent to file for arbitration. GEHA will provide notice by email to the email address you provided to GEHA; and you must provide such notice to GEHA by email at legal2@geha.com.
• Regardless of any statute or law to the contrary, notice of any claim arising from or related to this Agreement must be made within one (1) year after the facts supporting such claim arose or be forever barred.
• A single arbitrator will be selected in accordance with the AAA Commercial Arbitration Rules. The arbitration shall be conducted in the English language.
• The arbitrator, rather than any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes.
• The arbitrator will have the power to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
• The arbitrator will not have the power to award punitive or exemplary damages. Further, each party hereby specifically waives his/her/its right to receive punitive or exemplary damages relating to any Dispute.
• The arbitrator will apply applicable law and the provisions of this Agreement. Any failure by the arbitrator to do so will be deemed an excess of arbitral authority and grounds for judicial review.
• The arbitrator’s decision must include a written explanation of his/her decision and shall remain confidential.
• Any Dispute will be submitted to arbitration on an individual basis only. Neither party is entitled to arbitrate any Dispute as a class action, representative action, or private attorney general action. The arbitrator will not have authority to proceed with an arbitration submitted on a class, representative, or private attorney general basis.

Exception to Arbitration Agreement: Either party to this Agreement may obtain preliminary injunctive relief in a court of competent subject matter jurisdiction in Jackson County, Missouri for the purpose of enforcing any of the terms of this Agreement pending a final determination in arbitration. Additionally, either party to the arbitration may seek permanent relief from a court of competent subject matter jurisdiction in Jackson County, Missouri for the purpose of enforcing any arbitration award.

Users Located Outside the United States: If you are located outside of the United States, GEHA retains the right to bring proceedings against you for breach of this Agreement in your country of residence or any other appropriate country.

23. Geographic Restrictions/Export Controls

Our Developer Portal are controlled from GEHA's offices within the United States. We make no representation that our Developer Portal or any Resources on our Developer Portal are appropriate or available for use in locations outside of the United States.

Access to the Developer Portal may not be legal by certain persons or in certain countries. Accessing GEHA's Developer Portal from any location where such access is illegal is strictly prohibited. By accessing GEHA's Developer Portal, you agree that you are not in a country in which such access is prohibited. If you choose to access our Developer Portal from locations outside the United States, you do so on your own initiative and you are responsible for compliance with all applicable foreign and domestic laws, including export control laws.

Additionally, if you download or transfer any Resources, in performing such download or transfer you agree that you are not in a country to which such export is prohibited. You further represent that no U.S. federal agency has suspended, revoked, or denied your export privileges.  You also agree not to export any Resources to a country to which such export is prohibited.

24. Termination

This Agreement is effective until terminated by either party. If you no longer agree to be bound by this Agreement, you must cease your use of the Developer Portal. If you are dissatisfied with the Developer Portal, their Resources, or any of the terms and conditions of this Agreement, your sole and exclusive legal remedy is to discontinue using the Developer Portal.

If you breach any provision of this Agreement, then you may no longer use the Developer Portal. GEHA may at any time, with or without notice, terminate or suspend your access to all or part of our Developer Portal for any or no reason, including without limitation, any violation of this Agreement.

If this Agreement is terminated for any reason, then: (1) this Agreement will continue to apply and be binding upon you in respect of your prior use of the Developer Portal (and any unauthorized further use of the Developer Portal) and any Resources that you transfer or download, including payment of any charges accrued in connection with use of the Developer Portal and your indemnification obligations; (2) this Agreement's provisions regarding Disclaimer of Warranties, Limitation and Release of Liability, Indemnification, and Dispute Resolution, as well as its Miscellaneous Provisions, will survive such termination; and (3) any rights, remedies, or licenses granted to GEHA under this Agreement will survive such termination.

25. Information for California Residents

Under California Civil Code Section 1789.3, GEHA is required to provide California residents with the following specific consumer rights information:

• GEHA's Developer Portal is owned by: Government Employees Health Association, Inc., 310 NE Mulberry Street, Lee's Summit, MO 64086.
• GEHA's contact phone number is: 800-821-6136.
• No fees are charged for the use of GEHA's Developer Portal.
• To file a complaint regarding GEHA's Developer Portal or to receive further information regarding use of GEHA's Developer Portal, please send a letter to: GEHA, Attn: Privacy Officer, 310 NE Mulberry St., Lee's Summit, MO 64086; or contact us via email at privacyofficer@geha.com (with "California Resident Request" as the Subject Line).
• You also may contact California's Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 800.952.5210.



26. Miscellaneous Provisions

Headings. Headings and captions in this Agreement are for convenience only and shall not be binding on either party.

Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, then such provision shall be eliminated or limited to the minimum extent possible such that the remaining provisions of this Agreement will continue in full force and effect.

Waiver. Any failure by GEHA to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver by GEHA of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

Transferability. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our prior written consent. We may assign, transfer, or sublicense our rights and obligations under this Agreement to an acquirer upon any sale of all or a part of our business.

Entire Agreement. This Agreement constitutes the sole and entire agreement between you and GEHA regarding our Developer Portal and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our Developer Portal.

27. Questions

If you have questions relating to this Agreement, you can contact us via email at privacyofficer@geha.com. You also can write to us at GEHA, Attn: Privacy Officer, 310 NE Mulberry St., Lee's Summit, MO 64086.