
Healthmine terms of use
(“Healthmine”, “we,” or “us”) and our Web site at www.Healthmine.com (the “Site”), as well as all related websites, networks, embeddable widgets, downloadable software, mobile applications (including tablet applications), and other services provided by us (collectively, together with the Site, the “Service”).PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY CLICKING “I ACCEPT” OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE HEALTHMINE PRIVACY POLICY (COLLECTIVELY, THESE “TERMS”). If you do not agree to these Terms, do not use the Service.
1. Healthmine Service Overview.
(i) automatically updates medical claims, pharmacy claims, biometric and lab results, activity tracker data, smart scale data, and more, (ii) delivers access to deductible status, out-of-pocket tabs, authorization requirements, and more,
(iii) provides personalized health goals and recommendations synchronized with rewards and other incentives, and
(iv) delivers real-time updates of progress to measure, monitor and improve health.
2. For Educational and Informational Purposes Only.
3. No Patient or Client Relationship.
4. Medical Emergency.
5. Eligibility.
(i) that you are at least eighteen (18) years of age;
(ii) that you have not previously been suspended or removed from the Service for violation of these Terms of Use; and
(iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
6. Accounts and Registration.
7. Mobile Messaging Terms and Conditions
7.2 Enrolling in SMS services requires a customer to provide his or her own mobile number with an area code within the 50 United States or the District of Columbia. By providing your mobile phone number and enrolling you certify that (i) you are the account holder and consent to enroll, or have the account holder's consent to enroll, and (ii) you are 18 or older. There is no charge from us for this service, but YOUR SERVICE PROVIDER'S MESSAGE AND DATA RATES MAY APPLY. Messages will be sent via automated technology and you have enrolled to receive automated Messages. Once you enroll, the frequency of Messages we send may vary and you may receive multiple Messages. These Messages may include, but are not limited to: account activity notification, completion of health actions, and rewards delivery.
7.3 You agree that Messages may include protected health information. Whoever has access to the mobile phone or carrier account will also be able to see this information. You acknowledge and understand that Messages (including text messages) are not a secure means of communication, and any protected health information that may be contained in our Messages to you will not be encrypted. This means that there is risk that the protected health information contained in Messages could be intercepted and read by or disclosed to, unauthorized third parties. Use of alternative and more secure methods of communication with us, such as telephone, fax, or the U.S. Postal Service are available to you. If you do not wish to accept the risks associated with unencrypted Messages from us, please follow the instructions below to opt-out of this program.
7.4 You may opt out of text Messages at any time by visiting your communication preference page. For help, call us to adjust your preferences. You may also adjust your Message preferences directly in Personal Health Assistant.
7.5 Messaging is offered on an "as is" basis, may not be available in all areas at all times, and may not continue to work in the event of product, software, coverage or other service changes made by us or your wireless carrier. We may change or discontinue Messaging without notice or liability to you. We and our officers, directors, employees, and agents are not responsible and shall not be liable for any losses or injuries of any kind resulting, directly or indirectly, related to any Messaging or technical failures or delays of any kind. We reserve the right to cease delivery of Messages to any person at any time in our sole discretion. Your participation in Messaging services is at your sole discretion and risk, and if you are dissatisfied with a program, Message content, or these terms and conditions, you should opt-out and cease use of the program
8. User Content
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 a non-exclusive license to 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:
- You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Healthmine and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 8 and in the manner contemplated by Healthmine and these Terms; and
- Your User Content, and the use thereof as contemplated herein, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, or libel any third-party.
9. Digital Millennium Copyright Act
Healthmine, Inc.
539 W. Commerce St #1050
Dallas, TX 75208
Email: Copyright@healthmine.com
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of the material that you claim is infringing and where it is located on the Service;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
10. Prohibited Conduct.
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 misappropriating 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 circumventing 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 disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited 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 fraudulent activity including impersonating any person or entity, claiming false affiliations, 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
10.8 Attempt to do any of the foregoing 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 10.
11. Third-Party Services and Linked Websites.
12. Rewards.
13. Termination of Use; Discontinuation and Modification of the Service.
14. Privacy Policy; Additional Terms
14.2 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 Term”), 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 incorporated by reference into, and made a part of, these Terms.
15. Changes to the Terms.
16. Ownership; Proprietary Rights.
17. Indemnity.
18. Disclaimers; No Warranties
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 EXPRESSLY 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 JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
19. Limitation of Liability
YOU AGREE THAT THE AGGREGATE 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, TORT, 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION 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 ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION 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.
20. Governing Law.
21. General.
The failure to require performance of any provision 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 provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular 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.
22. Dispute Resolution and Arbitration
22.2 Exceptions. Notwithstanding subsection 22.1, we both agree that nothing herein will be deemed to be waived, 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 provisional 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.
22.3 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.
22.4 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 in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Healthmine’s address for Notice is: Healthmine, Inc., 539 W. Commerce St #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.
22.5 Fees. In the event that 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 telephonic 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 frivolous 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 obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient 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.
22.6 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 PURPORTED 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 preside over any form of a representative or class proceeding.
22.7 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.
23. Consent to Electronic Communications.
24. Contact Information.