Your Sponsor offers the Healthmine platform to help you keep track of the care that is recommended for you and, in many programs, to earn rewards for completing it. Depending on the program your Sponsor has chosen, you may be able to see the health actions recommended for you, complete a health assessment, receive reminders by email, text message, or push notification, get help finding and scheduling care, and track and redeem rewards you have earned. Not every feature is available in every program, and what you see is determined by your Sponsor.

The Service does not provide medical, legal, or psychological advice, diagnoses, or treatment. The Service may provide helpful health-related information, but it is not intended to substitute for professional advice, diagnoses, or treatment, or your judgment. You acknowledge that all the information and content on the Service is provided “as is” for educational and informational purposes only. You assume full risk and responsibility for the use of or reliance on information you obtain from or through the Service.

The Service does not include the practice of medicine, nursing, psychology or any other professional health care occupation. Neither Healthmine, nor any Healthmine personnel, including but not limited to employees, subcontractors and independent contractors of Healthmine, as well as the employees and independent contractors of Healthmine’s subcontractors, do or shall, directly or indirectly, practice medicine, provide medical items or services, or give prescription medication as part of the Service. Your use of the Service does not create a patient or client relationship with Healthmine. You should consult with qualified health professionals who are familiar with your individual medical needs concerning your specific medical issues. Never disregard professional advice or delay in seeking it because of information you read on the Service.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. We do not recommend or endorse any provider of health care or health-related products, tests, opinions, procedures, items, or services.

You must be at least eighteen (18) years of age to register for and use the Service on your own behalf. If your health plan or other Sponsor covers members under the age of 18, a parent or legal guardian may register for and manage an account on that member's behalf by completing the legal guardian step during registration.

A member under 18 may not create or hold an account independently. By agreeing to these Terms, you represent and warrant to us:
(i) that you are at least eighteen (18) years of age, or that you are the parent or legal guardian of a member under 18 and hold documentation of that authority;
(ii) that you have not previously been suspended or removed from the Service; and
(iii) that your registration and your use of the Service follows any and all applicable laws and regulations.

You must register for an account to use the Service. When you register for an account, you may be required to provide us with some information about yourself (such as your e-mail address or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. When you register, you will be asked to provide a password. You are solely responsible for the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at ITSupport@healthmine.com.

Your health plan or other Sponsor pays for the Service. Healthmine does not charge you a fee to participate. You will never be charged a fee that you have not had an opportunity to review and accept in advance. If Healthmine ever offers an optional paid feature, any fees will be stated in U.S. Dollars and presented to you for acceptance before you are charged.

8.1  User Content Generally. Certain features of the Service may permit users to post content, including messages, reviews, photos, video, images, folders, wearable data, other data, text, and other types of content (collectively, “User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.

8.2  Limited License Grant to Healthmine. By posting or publishing User Content, you grant Healthmine a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use of your User Content by Healthmine may be without any compensation paid to you.

8.3  Limited License Grant to Other Users. By posting and sharing User Content with another user of the Service, you hereby grant that user access and use such User Content as permitted by these Terms and the functionality of the Service.


8.4  User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:

8.5  User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. Healthmine may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Healthmine with respect to User Content. We expressly disclaim all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not match to these Terms, we may investigate them and determine whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Healthmine does not permit copyright-infringing activities on the Service.

9.1  DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints with respect to material posted on the Service, you may contact our Designated Agent at the following address:


Healthmine, Inc.
539 W. Commerce St
Suite 1050

Dallas, TX 75208

Email: ITSupport@healthmine.com

‍Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:

9.2  Repeat Infringers. Healthmine will promptly terminate without notice the accounts of users that are determined by Healthmine to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Service more than twice.

BY USING THE SERVICE, YOU AGREE NOT TO:



10.1  Use the Service for any illegal purpose, or in violation of any local, state, national, or international law;



10.2  Violate, or encourage others to violate, the rights of third parties, including by infringing or stealing third party intellectual property rights;



10.3  Post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

10.4  Interfere with security-related features of the Service, including without limitation by (i) disabling or bypassing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;


10.5  Interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by (i) uploading or otherwise spreading viruses, adware, spyware, worms, or other nasty code, (ii) making unwanted offers or advertisements to other users of the Service, (iii) attempting to collect, personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;

10.6  Perform any false activity including impersonating any person or entity, claiming false relationships, accessing the Service accounts of others without permission, or falsifying your age or date of birth;


10.7  Sell or otherwise transfer the access granted herein or any Materials (as defined in Section 16 below) or any right or ability to view, access, or use any Materials; or attempt to do any of the previous in this Section 10, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section

Healthmine may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on Healthmine with an account on the third-party service. By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third-party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links to third- party websites. Such linked websites are not under our control, and we are not responsible for their content. When using any third-party service you must comply with applicable law, as well as the terms, conditions and restrictions of the third-party service provider.

11A. Your Rights as a Healthmine Participant. As a Healthmine participant, you have the following rights: 

1. The right to receive information about Healthmine, including the services we provide on behalf of your Sponsor, our staff and their qualifications, and our contractual relationships with your Sponsor and our subcontractors.

2. The right to decline participation in the Service or to disenroll at any time. Declining or disenrolling does not affect your underlying health plan benefits.

3. The right to be treated courteously and respectfully by Healthmine staff and contractors.

4. The right to communicate complaints to Healthmine and to receive instructions on how to use the complaint process. Healthmine will acknowledge your complaint within five (5) business days, investigate, and respond with a resolution within thirty (30) days for most complaints. You may submit complaints to Complaints@healthmine.com. Filing a complaint with Healthmine does not limit your right to file a grievance under the Healthmine Notice of Nondiscrimination, or to file a complaint with a federal, state, or local agency, including the U.S. Department of Health and Human Services Office for Civil Rights. Nothing in Section 22 (Dispute Resolution and Arbitration) restricts that right.

5. The right to receive services free from discrimination on the basis of race, color, national origin, age, disability, or sex, and to receive free language assistance services and appropriate auxiliary aids and services, as described in the Healthmine Notice of Nondiscrimination.

6. The right to have your health information kept confidential and handled in accordance with HIPAA, the Healthmine Privacy Policy, and our agreement with your Sponsor.

The Service may incentivize you to engage in certain wellness activities by providing you with opportunities to earn rewards (“Rewards”) through certain wellness activities offered through the Service. No purchase is necessary to participate in any Rewards. Promotions are void where prohibited, restricted by law, or where registration or bonding requirements exist. Rewards are non-transferable. Rewards may be subject to third-party terms and conditions. No substitutions are permitted, except that Healthmine or the Reward’s sponsor, as applicable, reserves the right to substitute a Reward of equal or greater monetary value for any Reward displayed on the Reward’s information web page. The recipient of a Reward will be responsible and liable for any federal, state, and local taxes on the value of their Reward as well as any other costs not specifically indicated to be paid by Healthmine or Reward sponsor on the Reward’s information web page. Any person attempting to defraud or in any way tamper with any promotion will be ineligible for Rewards and may be prosecuted under the law. Healthmine reserves the right to modify this Section 12 in any way or at any time. Healthmine reserves the right, in its sole discretion, to shorten, extend, modify, cancel or suspend any Reward in its sole discretion at any time and without notice. Total rewards and eligible health actions vary by member and may change at any time. You must be enrolled in your health plan’s rewards program, meet all eligibility requirements, and complete qualifying services within the current plan year to earn rewards. Members may not qualify for all health actions. Certain restrictions and limitations may apply to reward use. While you are encouraged to get screenings as recommended by your provider, gift cards are awarded only as defined by the reward program. Timing and distribution of rewards may vary. Please contact your health plan for additional questions about your plans’ specific rewards. The Rewards Program is subject to federal and state laws governing member incentive programs, including the federal Anti-Kickback Statute (42 U.S.C. § 1320a-7b(b)), the CMS Medicare Advantage rewards regulations (42 C.F.R. § 422.134), and the Medicaid managed care rewards regulations (42 C.F.R. § 438.3(d)).

If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, Healthmine, may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at ITSupport@healthmine.com. If you terminate your account, you will remain required to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination.

1.  Privacy Policy. Please read the Healthmine Privacy Policy carefully for information relating to our collection, use, storage and release of your personal information. The Healthmine Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms. If these Terms and the Healthmine Privacy Policy conflict on a privacy matter, the Privacy Policy controls. If either document conflicts with HIPAA or with Healthmine's Business Associate Agreement with your Sponsor as to your Protected Health Information, HIPAA and that agreement control. If either document conflicts with the Healthmine Notice of Nondiscrimination, that Notice controls as to nondiscrimination, language assistance, and auxiliary aids and services.


2.  Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the “Additional Terms”), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Service, subject to Section 15 below. All such Additional Terms are hereby included by reference into, and made a part of, these Terms.

14A. Your Privacy and Health Information. Healthmine cares about your privacy. Some of the information you share or that flows through the Service is Protected Health Information (PHI) under the federal Health Insurance Portability and Accountability Act (HIPAA). Healthmine acts as a Business Associate to your health plan, employer, or other Sponsor and handles your PHI only as permitted by HIPAA, our Privacy Policy, and our agreement with your Sponsor.

Healthmine maintains the confidentiality of your health information. We will not use your information for purposes prohibited by law or by our agreement with your Sponsor. Because Healthmine performs the Service on behalf of your Sponsor, information that identifies you, including PHI, may be provided to or accessed by authorized personnel of your Sponsor. We do this only as permitted by HIPAA and by our Business Associate Agreement with that Sponsor, and only for purposes such as treatment, payment, health care operations, quality measurement and reporting, and care management. Once information is in your Sponsor's hands, your Sponsor's own Notice of Privacy Practices governs how it is used. We do not disclose information that identifies you to anyone else for their own purposes, and we do not sell your information. The one exception is a corporate transaction such as a merger or sale of assets, described in the Healthmine Privacy Policy, in which any transfer of member information remains subject to HIPAA and to our agreements with Sponsors.

If a breach of unsecured PHI occurs that affects your information, Healthmine will notify affected individuals in accordance with the HIPAA Breach Notification Rule (45 C.F.R. §§ 164.400 to 164.414) and applicable state law.

We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or agreements, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an account, or through other means. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms. Any dispute under these Terms will be resolved under the version of these Terms in effect at the time the dispute arose.

The Service is owned and operated by Healthmine. The visual interfaces, graphics, design, collection, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Materials”) provided by Healthmine are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of Healthmine or our third party licensors. Except as clearly authorized by Healthmine, you may not make use of the Materials. Healthmine reserves all rights to the Materials not decided clearly in these Terms.

You agree that you will be responsible for your use of the Service, and you agree to defend, cover, and hold harmless Healthmine and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Healthmine Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to benefit by you (and without limiting your pay obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE (INCLUDING REWARDS) ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE HEALTHMINE ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DENY ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE. INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE HEALTHMINE ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE HEALTHMINE ENTITIES OR THE SERVICE THAT IS NOT STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.

SOME RULES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM AUTHORITY TO AUTHORITY.

IN NO EVENT WILL THE HEALTHMINE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER VAGUE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, WRONGDOING (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE HEALTHMINE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.


YOU AGREE THAT THE TOTAL LIABILITY OF THE HEALTHMINE ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, WRONGDOING, OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO HEALTHMINE FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM OR (ii) $100.

SOME RULES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR MAJOR OR MINOR DAMAGES. ACCORDINGLY, THE ABOVE MAY NOT APPLY TO YOU.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ASSIGN THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS SHARING IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 19 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

These Terms shall be governed by the laws of the State of Texas without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Healthmine agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Dallas County, Texas for the purpose of litigating all such disputes. We operate the Service from our offices in Texas, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Healthmine regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any delivery will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any delivery of these Terms create a waiver of any subsequent breach or default or a waiver of the delivery itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration, including, but not limited to, Sections 2, 7, and 9 through 23.

21A. Advertising and Ownership Disclosures. Healthmine does not display third-party paid advertising to participants and does not sell participant information for advertising. Educational content in the Service may be licensed from third-party content providers; where Healthmine has a material financial ownership arrangement or referral arrangement that could affect the recommendations or services delivered to you, Healthmine will disclose that arrangement in this Section or in materials made available to you and your Sponsor.

1. Generally. In the interest of resolving disputes between you and Healthmine in the most expedient and cost-effective manner, you and Healthmine agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, wrongdoing, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HEALTHMINE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

2.  Exceptions. Notwithstanding subsection 22.1, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief or other temporary relief in aid of arbitration from a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.


3.  Arbitrator. Any arbitration between you and Healthmine will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Healthmine.

4.  Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail (“Notice”). Healthmine’s address for Notice is: Healthmine Services Inc.,

539 W. Commerce Street
Suite 1050
Dallas, TX 75208

The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Healthmine may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Healthmine shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Healthmine shall pay you (i) the amount awarded by the arbitrator, if any, (ii) the last written settlement amount offered by Healthmine in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.00, whichever is greater.

5.  Fees. If you commence arbitration in accordance with these Terms, Healthmine will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Dallas County, Texas, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is silly or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Healthmine for all monies previously disbursed by it that are otherwise your agreement to pay under the AAA Rules. Regardless of the way the arbitration is conducted, the arbitrator shall issue a reasoned written decision satisfactory to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

6.  No Class Actions. YOU AND HEALTHMINE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY ALLEGED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Healthmine agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise lead over any form of a representative or class proceeding.

7.  Modifications. In the event that Healthmine makes any future change to this arbitration provision (other than a change to Healthmine’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Healthmine’s address for Notice, in which case your account with Healthmine shall be immediately terminated and this arbitration delivery, as in effect immediately prior to the amendments you reject shall survive.

8. Enforceability. If Subsection 22.6 is found to be unenforceable or if the entirety of this Section 22 is found to be unenforceable, then the entirety of this Section 22 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 20 shall govern any action arising out of or related to these Terms.

California, Colorado, Connecticut, Virginia, Utah, Texas, and other state residents may have additional rights under state privacy laws, including the California Consumer Privacy Act (CCPA, Cal. Civ. Code § 1798.100 et seq.) and the California Privacy Rights Act (CPRA). These rights may include the rights to access, correct, delete, and limit the use of personal information, and to opt out of certain types of sharing. To exercise these rights, please see the Healthmine Privacy Policy or contact ITSupport@healthmine.com. Healthmine will not discriminate against you for exercising your privacy rights.

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

If you opt in, you agree to receive SMS messages from Healthmine Services, Inc. on behalf of your health plan or other Sponsor. Messages may include health action and screening reminders, appointment prompts, and rewards notifications. Message frequency varies. Message and data rates may apply. For help, reply HELP. You can opt out at any time by replying STOP. Consent is not a condition of purchase and is not required to receive any benefit from your health plan. Your mobile number, opt-in record, and consent are never shared with any third party or affiliate for any purpose. Text messages are not a secure channel and may include limited personal information; please do not reply with sensitive health information. Opting out of text messages does not affect your health plan benefits or your participation in the Service. See the Healthmine Privacy Policy for how we handle this information.

The services hereunder are offered by Healthmine Services Inc., located at
‍
539 W. Commerce Street
Suite 1050
Dallas, TX 75208.

You may contact us by sending correspondence to the foregoing address or by emailing us at ITSupport@healthmine.com. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your mailing address and a request for these Terms.

Updated August 11, 2026.