Terms of Use – Healthcost

WAM Health Technologies Terms and Conditions

Last updated: November 16, 2016

PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE

These terms and conditions of use are a legal agreement (these “Terms”) between you and WAM Health Technologies, L.L.C., a Delaware limited liability company d/b/a HealthCost.com and HealthCost NetworksSM (referred to in these Terms as “WAM Health”, “HealthCost.com, HealthCost NetworksSM,” “we”, “us” or “our”), establishing terms and conditions under which you may access and use the services and features available on our website located at HealthCost.com, any and all other websites that we own, operate, license or control (collectively referred to as the “Sites”) These Terms also apply to all of our mobile applications that do not have separate terms of service or that link to these Terms (the “Apps”). Collectively, the Websites and Apps are referred to in these Terms as the “Services.”

You are not authorized to use the Service unless you are at least 18 and able to enter into legally binding contracts.

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT FULLY AGREE TO ALL OF THESE TERMS AND OUR PRIVACY POLICY, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.

We have the right to change any of the terms and conditions contained in these Terms, and our Privacy Policy at any time and in our sole discretion. It is your responsibility to review these Terms and our Privacy Policy each time you use the Service. Your continued use of the Service following changes to these Terms constitutes your acceptance of such changes. If you do not agree to any changes, do not use the Service.

1. You have a limited license to use the Service. You are granted a limited, revocable, non-exclusive license to access Service under these Terms solely for the purpose of researching the costs of certain Episodes of Care and other health care services identified our Sites and Apps; researching information regarding health care providers, including information about the quality of services they perform, identified on our Sites and Apps, furnishing information regarding fees for health care services, participating in interactive discussions that we host on our Sites and Apps, and for other purpose clearly stated on our Sites and Apps, in accordance with these Terms. Any use of the Service that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.

2. The Service is a venue. The Service is a venue which provides information and other means to facilitate health care consumers and health care providers to develop a patient-provider relationship. Collectively, health care consumers, health care providers, and other persons who may access the Service, may be referred to as “Users”). If you are a health care consumer, the Service is intended to provide you with information about health care providers, including information regarding the health care provider’s charges and SelfPaySM Rates that they are willing to offer to consumers through our products. If you are a health care provider, the Service is intended to provide a venue for you to communicate your SelfPaySM Rates and other information about your services to health care consumers.

3. We do not provide health care services or advice. All of the information and content in the Service is for informational purposes only and is not intended as a substitute for professional medical advice, help, diagnosis or treatment. Episodes of Care described in the Service are health care services that are often delivered together and are intended to illustrate the types of costs that health care consumers may experience when they face a need for particular services. Episodes of Care and should not be viewed as medical advice. If you are a consumer of health care, you should always consult with your doctor or other health care provider for medical advice, and your treatment plan may be different than the plan described by Episodes of Care.

4. You are responsible for selecting a health care provider to furnish health care services to you. We assume no responsibility for verifying credentials of any health care provider. We cannot guaranty that all information regarding any health care provider is accurate, including information that the health care provider posts to the Service. The information we provide may not be all of the information you decide that you need to make a decision. Such information might include: pre-existing relationships with health care providers, licenses and qualifications, the design of your health care coverage, and whether the health care provider participates in the network of your health insurance plan or other health care coverage. You are responsible for checking with the health care provider or your insurance or other health care coverage plan to determine whether the health care provider participates in the applicable network. We may provide a mechanism for health care consumers and health care providers to contract with each other for services. However, you are solely responsible for determining the information that you need in order to make an informed decision regarding the selection of a health care provider and for selecting a health care provider.

5. Our information about health care providers’ charges is limited.

5.1 Information about charges may be based on publicly available information or estimates. We obtain information regarding health care providers’ charges from publicly available sources. We may also estimate a health care provider’s fees for particular services based on publicly available information about the health care provider’s fees for other services. Publicly available information, and estimates based on publicly available information may not accurately reflect the fee that a health care provider will charge you.

5.2 We invite health care providers to join HealthCost NetworksSM and post their SelfPaySM Rates and to update their charge information. If you are a health care provider, we invite you to contract with HealthCost NetworksSM and post your SelfPaySM Rates. Regardless of whether you join HealthCost NetworksSM you can create an account and update your charges to be sure that they are accurate. If you post your SelfPaySM Rates with the Service, you are responsible for their accuracy.

5.3 Our information about a health care provider’s charges and SelfPaySM Rates may be different from fees paid by your health coverage plan. Health care providers enter into agreements with insurance companies, health maintenance organizations, government agencies or programs, third party administrators and others (collectively “Payers”) regarding the fees that they will accept from Payers for health care services furnished to beneficiaries of the Payer’s health coverage plan. The fees may be different for each Payer, and may be lower than the SelfPaySM Rates listed in the Service. If you are covered by a health coverage plan, check with your health care provider or Payer to compare the fees that the Payer will pay for a health care service with the SelfPaySM Rates listed in the Service. You might be able to obtain better pricing by accessing the Payer’s fee.

5.4 Health care providers may be required by law or contract to charge you particular fees. If you are a Medicare beneficiary, health care providers participating with Medicare are required to accept Medicare rates for services they provide. Providers may also be required by the terms of contracts with other government agencies or Payers to accept their contracted rate for the services that they provide to patients covered by the Payer’s coverage Plan.

5.5 Our estimates of cost do not reflect information regarding your health status. Health care provider charges vary based on a number of factors, including complications and your health care status.

5.6 Taxes, if any, would be in addition to the health care provider’s fees. The charges and SelfPaySM Rates we make available under this Service do not include taxes that might be imposed by any country, state or local jurisdiction on services furnished by a health care provider.

5.7 Taxes, if any, on fees that we charge do not include taxes that might be imposed by any country, state or local jurisdiction on our products or services.

6. If you decide to enter into a patient-provider relationship with a health care provider, the terms of that arrangement are between you and the health care provider. The terms and conditions of such patient-provider relationship, including but not limited to cancellation fees, are solely the responsibility of the health care consumer and the health care providers, except as otherwise provided in this section. This means, among other things that you will be responsible for paying for the cost of services and procedures, and cancellation fees, unless your health plan pays all or a portion of the cost. We are not a party to any contract between health care consumers and health care providers even if the health care consumer uses the Site to assist in making a selection of health care provider or the health care provider furnishes fees or other information or content on this Site. We may, at our discretion, enter into contracts with health care providers under which they agree to honor prices they furnish on this Site if a health care consumer selects the provider to furnish care. Any obligations and responsibilities set forth in contracts between health care providers and us would be in addition to and not be superseded by these terms and conditions.

7. We are not responsible for the care furnished by health care providers, or any other action or inaction of healthcare providers.

7.1 We are not responsible for the truthfulness or accuracy of content posted by health care providers. The truth or accuracy of any content furnished by health care provider, or any other statement made by a provider, and is solely the responsibility of the health care provider.

7.2 We are not responsible for the quality of care furnished by health care providers. The quality of care furnished by health care provider, and is solely the responsibility of the health care provider.

7.3 We are not responsible for compliance by health care providers with applicable laws and regulations. Health care providers are solely responsible for compliance with all United States, state and local laws relating to their provision of health care services, including but not limited to requirements relating to licensure, requirements the facilities in which they furnish health care services, credit card transactions, and confidentiality of medical information.

8. We reserve the right to change the functionality of the Service. We may change, add or remove any functionality or content associated with the Service at any time without notice.

9. You agree to keep your login information secure. If you establish an account with us, you agree to (i) keep your password and online ID for your account with us secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password.  Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request. Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.

We discourage you from giving anyone access to your online ID and password for your account.  However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us or your email account, even those transactions that are fraudulent or that you did not intend or want performed.   YOU ACKNOWLEDGE AND AGREE THAT: (1) WE WILL NOT HAVE ANY LIABILITY TO YOU OR ANYONE ELSE FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY YOUR ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR COULD CAUSE YOU TO INCUR LIABILITY TO OTHER USERS.

10. We are not responsible for user contributed content. We assume no obligation or duty to pre-screen content posted by Users, including but not limited to content related to fees, services, and participation in the interactive forum. (collectively, “user contributed content”).  We are not responsible for user contributed content.

We reserve the right to decline to permit the posting on the Site of or to remove from the Site any user contributed content that fails to meet our content guidelines or if it otherwise violates these Terms, each as determined in our discretion. We may also remove user contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, has/have been apparently breached in respect of such content, as determined in our consent.  At a minimum, user contributed content must (as determined by us in our discretion):

  • not infringe anyone’s rights, violate the law or otherwise be inappropriate;
  • not include personal information of another that can be used to identify or contact any person;
  • not include unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations;
  • be directly related to the Site, business service, product or forum where the content is submitted;
  • not be obscene, abusive, discriminatory or illegal content; or
  • not be false or misleading.

11. By posting user contributed content, you are granting us rights in such content. User content is not confidential, and by submitting or authorizing user contributed content, you grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense, adapt, distribute, display, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of your user contributed content, in connection with our business.

You further grant us and our affiliates the ability to copyright and protect the user contributed content, including the images, copy, and content from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means.  This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material.  You further agree to assist us—at our expense and control—to protect such copyrighted material from unauthorized redistribution.

In the event that it is determined that you retain any rights of attribution, integrity or any other moral rights in any user contributed content, you hereby declare that you do not require that any personally identifying information be used in connection with the user contributed content or any derivative works thereof and that you have no objection to the publication, use, modification, deletion or exploitation of the user contributed content by us.

You agree that we may access and use your user-contributed content in accordance with these Terms or our Privacy Policy and we agree that we will only disclose your user-contributed content in accordance with these Terms and our Privacy Policy.

12. If you send us feedback, Ideas or suggestions for our business, those ideas and suggestions become our property. We welcome feedback regarding our Service. If you have feedback, please send it to us at questions@HealthCost.com. If you submit feedback, ideas, suggestions, creative artwork or other information (collectively, “submissions”) to us pertaining to our business, including but not limited to ideas for new services or website enhancements, or new product names, then regardless of what you say, write or provide to us in connection with your submission, (i) we have no obligation to review your submission; (ii) we have no obligation to keep your submission confidential, (iii) your submission and its contents will automatically become our property, without any compensation or acknowledgement to you; and (iv) we may use or redistribute any such submission and its contents for any purpose and in any way.

13. If you log on using Facebook or other third party website, our rights to information accessible from the website will be governed by these Terms. If the Service offers a tool which allows us to access or use any profile or other information about you that you have provided to Facebook or another third party website (each a “Social Media Site”) and you decide to use such a tool: (i)     The information or content that you have designated as “publicly accessible (“Public Social Media Content”) designation) may be accessed and used by us in connection with the Services; and (ii)    The Public Social Media Content will be considered “user contributed content” under these Terms.

14. We assume no liability or obligation to take measures to avoid potentially fraudulent or illegal activities by Users.  We assume no responsibility, liability or obligation to take any measures or actions to avoid potentially fraudulent or other illegal activity of which we become aware.  Without limiting the foregoing, we do not assume any responsibility to confirm each User’s purported identity. If and to the extent that we provide warnings or messages to Users about suspected fraudulent or illegal activity, we do not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm or otherwise have any impact.

15. We may collect fees. If and to the extent provided on the Site or in any separate agreement that we may maintain with health care providers, we may collect fees from health care consumers who Lock In Rates using the Service and/or health care providers who join HealthCost NetworksSM.

16. We cannot guaranty the order of appearance in search results.  We cannot guarantee that a particular health care provider will appear in any specific order in search results on a Site. Search order will fluctuate based on a variety of factors such as search parameters, level or charges, source of information about charges, whether the health care provider has agreed to honor the charges posted, and other factors we deem pertinent from time to time. Listing appearance or order in any particular search result may also vary depending on the search criteria used by the particular User, including location of that user.  We reserve the right to apply various search algorithms or to use methods to optimize results user experiences.

17. You may link to our Service under the following terms and conditions:

  • 17.1 Control of the browser window is transferred from the originating website to our Site; or a new browser window is established which displays our Site.
  • 17.2 Websites may not link to our Site or any of its interior pages in a manner in which the material contained within our Site is framed within the originating website.
  • 17.3 The link may not portray the Service in a false, misleading or derogatory way.
  • 17.4 The linking site may not contain adult or illegal material or any other material that is offensive or otherwise objectionable.

In all other cases, our written consent is required to link to our website. We reserve the right to refuse hypertext links to, or addresses of, other web sites from; and to remove links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at any time.

18. Links to third party sites do not constitute an endorsement. The Service may contain links and pointers to Internet sites, and resources operated by persons other than us. These links are for educational purposes only and do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof.  We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.

19. Certain uses of the Service are not authorized.  Your license to use the Service only extends to the uses expressly described in these Terms.  Your license does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Service nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided for general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Site or the App. Unauthorized uses of the Site also include, without limitation, those listed below.  You agree not to do any of the following, unless otherwise previously specifically agreed to by us:

  • Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever; provided however that you may copy, print or upload information for your personal use in connection with establishing a patient-provider relationship;
  • Reproduce any portion of the Service on your website;
  • Deep-link to any portion of the Site without our express written permission;
  • Modify, translate into any language or computer language, or create derivative works from, any content or any part of the Service;
  • Directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms or any software, documentation, or data related to the Service;
  • modify, translate, or create derivative works based on the Service or the underlying codes, algorithms or software;
  • Sell, offer for sale, transfer, or license any portion of the Service in any form to any third parties;
  • Use any robot, spider, scraper, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Service;
  • Use the Service or post or transmit information that is in any way false, fraudulent, or misleading, or taking any action that may be considered phishing or that would give rise to criminal or civil liability, including but not limited to violations of federal or state anti-kickback laws; or
  • Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
  • Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights.
  • Create or send Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks; or other disruptions of this Service or other networks, websites or services.
  • access computers, accounts or networks without authorization, penetrate or attempting to penetrate security measures, port scans, stealth scans, and other “hacking” activities.

If you become aware of any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, please contact us.

20. We have proprietary rights in the Service and content. The Service and all its software, content and information are protected by copyright as a collective work and/or compilation, pursuant to applicable U.S. and international copyright laws and conventions and database rights.  You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying, storing or otherwise accessing the Site or any content on the Site for other than for your personal, noncommercial use (other than in accordance with a valid subscription) is expressly prohibited without prior written permission from us. For rights and permissions, contact us at questions@HealthCost.com

21. Uses of Our Trademarks or Logos.

There are limited ways in which you may use our trademarks or logos without specific prior written authorization.  The following are general guidelines:  It is usually permissible for you to refer to HealthCost.com or HealthCost NetworksSM on your practice website or marketing as a location where consumers can find information about your services. However, you may not refer to us in any way that might lead someone to believe that we sponsor, endorse or are affiliated with you. For example, you may not say “HealthCost.com endorses my practice.” You may not use metatags or other hidden text using our name or logo without our written permission

22. Maps. Maps provided on the Site that are provided by Google are subject to the Google Maps terms and conditions located at: http://www.google.com/intl/en_us/help/terms_maps.html.

23. OUR LIABILITY TO YOU FOR ANY CLAIMS IS FORECLOSED OR VERY LIMITED. IN NO EVENT WILL WAM HEALTH TECHNOLOGIES, LLC OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, MEMBERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE “WAM HEALTH GROUP”),  BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) USE OF OUR SERVICE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) ANY USER CONTRIBUTED CONTENT, (E) THE PROVISION OF OR FAILURE TO FURNISH SERVICES BY A HEALTH CARE PROVIDER; AND (F) NON-PAYMENT BY A HEALTH CARE CONSUMER OR PAYER.

THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY THIRD PARTY PROVIDER OR ANY USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SERVICE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE WAM HEALTH GROUP, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.

22. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICE AND CONTENT. THE SERVICE AND ALL OF ITS CONTENT IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE AVAILABLE BY THE SOFTWARE USED FOR THE SERVICE. WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

23. Disputes will be resolved informally or by litigation in NewCastle County, DE courts.

23.1 If you have a dispute with us, you will give us an opportunity to resolve your concern before filing a lawsuit. We are committed to customer satisfaction, so if you have a problem or dispute, please contact us in the manner described in the Contact Us link on the home page and we will try to resolve your concerns. If you have contacted us as described herein, and we have not resolved your problem within sixty days, you may pursue a claim against us as described in this paragraph.

23.2 The only proper jurisdiction and venue for any dispute with us (or our officers, directors, employees, members, or agents) in any way relating to your use of the Service, is in the state and federal courts in New Castle County, in the State of Delaware, U.S.A. You consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving such claims.

23.3 Our dispute will be decided by a judge in a case where you are the only plaintiff. BOTH YOU AND WE EXPRESSLY WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT WE MAY HAVE TO A TRIAL BY JURY AND AGREE TO A TRIAL BEFORE A JUDGE. YOU WAIVE ALL RIGHTS TO FORM OR JOIN ANY MEMBER OF A CLASS IN A LEGAL ACTION AGAINST US.

23.4 The laws of the State of Delaware govern these Terms and any cause of action arising under or relating to your use of the Service, without reference to its choice-of-law principles.

Miscellaneous.

24.1 Entire Agreement. These Terms constitute the entire agreement between you and us, with the exception of separate agreements that we might maintain with health care providers, and any agreements that we may have with consumers for membership in our Discount Medical Plan.

24.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

24.3 Termination. We may terminate this agreement or the Service at any time with or without cause, and with or without notice. We shall have no liability to you or any third party because of such termination. Upon termination for any reason, or cancellation of your account, we may delete your archived data. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability.

24.4 Insurance or other Health Care Coverage. The Service is independent of all health care coverages. We do not represent, warrant or guaranty that your health insurance or other coverage will pay for all or any part of any service or any health care provider that you select. IF YOU HAVE COVERAGE FOR HEALTH CARE SERVICES, CHECK WITH YOUR HEALTH CARE PLAN REGARDING PAYMENT, PROVIDER NETWORK PARTICIPATION, AND ADMINISTRATIVE REQUIREMENTS SUCH AS REFERRALS OR PRIOR AUTHORIZATIONS.

24.5 The App, including any upgrades and replacements to the App, is licensed, not sold, to you. Your license to each App that you download or obtain through the Apple App Store, the Google Play Store, or other mobile application storefront, portal, or provider, is subject to your prior acceptance of these Terms. The license to the App is limited to a non-transferable license to use the App on authorized devices. For example, an iOS-based App may be used only on devices running iOS (including but not limited to iPad and iPhone) that you own or control or as otherwise permitted by the Usage Rules set forth in Apple’s App StoreSM Terms of Service. This license does not allow you to use the App on any device that you do not own or control, and you may not distribute or make any App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the App and, if you sell your device to a third party, you must remove the App from the device before doing so. You may not copy (except as expressly permitted by this license), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of our rights.

With respect to your use of our App that is compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these Terms and does not own and is not responsible for the App. Apple is not providing any warranty for the App, except if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including, without limitation, any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to us. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App StoreSM Terms of Service. In addition, you agree to comply with the terms of any third-party agreement that is applicable to you when using the App, such as your wireless data service agreement. You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this paragraphs and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. Notwithstanding the immediately preceding sentence, our right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.

24.6 We provide the Service for use only by persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own initiative and are responsible for compliance with local laws.

You may not use or otherwise export or re-export the App or the Service except as authorized by United States law. In particular, but without limitation, the App and the Service may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the App and the Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Apps for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons. The App, the Service and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

24.7 If you believe in good faith that content or material on this site infringes a copyright owned by you, you (or your agent) may send the us a notice requesting that the material be removed, or access to it blocked. This request should be sent to questions@HealthCost.com The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices meet the then-current statutory requirements imposed by the Digital Millennium Copyright Act of 1998. This paragraph should not be construed as legal advice.