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THESE TERMS AND OUR PRIVACY POLICY APPLY TO YOUR USE OF THIS WEBSITE. PLEASE READ THEM BOTH CAREFULLY BEFORE ACCESSING THE SITE. BY ACCESSING THIS WEBSITE OR USING ANY OF THE SERVICES, YOU ACKNOWLEDGE AND AFFIRM THAT YOU HAVE HAD AN OPPORTUNITY TO READ, AND HAVE SO READ, THESE TERMS AND OUR PRIVACY POLICY AND THAT YOU VOLUNTARILY AGREE WITH AND ASSENT TO BE LEGALLY BOUND BY BOTH, ALONG WITH ANY AND ALL CHANGES WE MAY SUBSEQUENTLY MAKE TO EITHER. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, CONDITIONS, NOTICES, OR POLICIES APPLICABLE TO THIS SITE, PLEASE IMMEDIATELY NAVIGATE AWAY FROM AND DO NOT USE THIS SITE.
Site ID and Ownership
Welcome to the website located at www.healthbeyondinsurance.com (along with any and all web pages, subdomains, and associated web and mobile applications of this website or maintained by HBI and used in association with the services provided through or associated with this website) ("site"). This site is owned and operated by HBI.INC. ("HBI" "us" or "we"). This site and all pages, content, forms, materials, trademarks, and service marks (including but not limited to the "look and feel" of the site, content, and materials) appearing on this site belong wholly and exclusively to HBI or to the providers or any third parties offering or providing information, products, or services to you through the site, and are protected by U.S. and International copyright and trademark laws and treaties. You acknowledge and affirm that your use of the site or services does not grant or transfer to you any intellectual property rights or licenses whatsoever in the site or any part or portion of the site.
Must be 18
You must be at least eighteen (18) years old to use the site or services, and you warrant that you are at least eighteen (18) years old and have the authority and capacity to enter into this legal contract. If you are under the age of eighteen (18), you may use the site or services only with the consent of a parent or guardian. Parents or guardians consenting to a minor's use of the site or services may contact HBI at [email protected]. If we discover use of the site without consent from a parent or guardian by a child under the age of eighteen, we will close the account and delete all associated data. If you are a parent or guardian and need help closing such an account, please contact us at [email protected].
Use and No Unlawful Use or Prohibited Activity
This site is intended to connect healthcare consumers to healthcare providers, and to provide helpful information to consumers regarding providers' products and services. Every effort is made to confirm providers' credentials and other information prior to allowing providers to list services on the site. Every attempt is made to verify information regarding providers located outside of the United States via applicable local authorities. HBI does not endorse, guarantee, or warrant the products or services of any healthcare provider, and HBI is not an agent, broker, dealer, or representative of, or otherwise responsible for or on behalf of, any such provider. HBI never makes any medical decisions for you or on your behalf, nor does HBI ever take any medical action in response to information transmitted or received by the site. HBI does not take part in any medical diagnoses, procedures, or recommendations, or in any medical, prescription, service, or product price negotiations, and HBI never receives any commissions or portions of fees or amounts which may be paid to providers. All decisions regarding connecting, communicating, treatments, services, prices, or purchases between consumers and providers are made solely and exclusively by and between consumer and provider, and HBI has no authority over or responsibility regarding any such decisions, determinations, or negotiations on behalf of either consumer or provider. HBI assumes no liability whatsoever for your experience as a healthcare consumer or provider through or as a result of your use of the site or services. If you feel you have been treated unfairly by a provider, please contact that provider directly. That said, if you feel you have been treated unfairly by a provider or a consumer/patient, please also inform HBI of the incident to enable us to make further inquiry or investigation or to ensure and uphold the honor and integrity of the site and services. The information on this site is provided in an effort to help you to make educated decisions regarding your own healthcare services.
THIS SITE AND SERVICES ARE NOT BY ANY MEANS INTENDED TO REPLACE HEALTHCARE INSURANCE COVERAGE. PLEASE DO NOT REDUCE OR ELIMINATE YOUR HEALTHCARE INSURANCE COVERAGE BASED ON ANY INFORMATION OR SERVICES AVAILABLE THROUGH THIS SITE.
THE SITE IS NOT AN ALTERNATIVE TO EMERGENCY MEDICAL ASSISTANCE OR A CALL TO "911." IF YOU NEED HELP IN AN EMERGENCY, PLEASE GO TO YOUR NEAREST EMERGENCY ROOM OR DIAL "911" FOR APPROPRIATE MEDICAL CARE. ANY MESSAGE DELIVERED TO A PROVIDER THROUGH THE SITE OR THROUGH ANY PORTAL OR SERVICE OF THE SITE MAY BE DELAYED, AND YOU MAY NOT RECEIVE A RESPONSE IN A TIMELY FASHION OR IN TIME FOR YOUR RECEIPT OF ANY NECESSARY OR PROPER MEDICAL CARE.
You have a limited, revocable, non-transferable, non-sublicensable, non-exclusive license to access this site strictly in accordance with these Terms of Use. You agree to and will abide by, comply with, and act in accordance with the spirit and meaning of all applicable United States laws governing your use of this site, the internet, and the World Wide Web. You have no license or right whatsoever to, and you will not, use (or allow or assist any other(s) to use) the site or services for any unlawful purpose or engage (or allow or assist any other(s) to engage) in any prohibited activity on or in association with the site or any part or portion thereof, including but not limited to attempting or actually, whether on your own behalf or on behalf or for the benefit of any other person, group, or entity:
Monitoring of Proper Uses
You understand and agree that HBI has no obligation to monitor or police the site or services or the content or information on the site or services, but that limited authorized personnel of HBI may so monitor or police the site and services and any and all content or information located on the site and services to ensure proper use of the site and services and to protect consumers and providers from any and all potentially unauthorized and improper contacts, communications, or uses, and, that with no liability whatsoever to HBI and with no notice and for any reason whatsoever, HBI may in its sole discretion restrict, limit, reject, refuse, revoke, freeze, or terminate any party's access to the site or services or restrict, limit, reject, refuse, revoke, freeze, terminate, remove, or close any account or remove or delete any content or information from the site or services.
Consumer Guest Use or Creating a Consumer Account on the Site
You may access this site as a guest, without creating an account. Without an account you can search for listed healthcare providers in your preferred location using the 'search bars' or 'direct service links' located on the site. You can also compare information regarding listed providers and contact providers directly via the information shared on the site by those providers. By using or accessing the site or services, regardless of whether you create an account, you voluntarily agree to be bound by these Terms of Use and our Privacy Policy, and you grant to HBI a worldwide, non-exclusive, royalty-free, fully paid license to use any and all information, content, materials, and intellectual property inputted by you or automatically relayed as a result of your use of the site or services according to the terms of our Privacy Policy, available here: NOTICE OF PRIVACY POLICY.
You will need to create an account on this site if you would like to contact us electronically for additional information about health services; engage our help to locate a provider in your desired area; contact a provider using our secure patient-provider messaging system; or, upon a providers request, send a provider your health records (i.e., lab results, images, medical documents). Creating an account requires you to designate a user ID and password.
Creating a Provider Account on the Site
All provider contact and other services, product, or marketing information which does not independently constitute private information of the provider and may reasonably be presumed to be provider listing information by which health care consumers may locate, contact, and learn more about providers will be public information available to consumers on the site. Provider licensing and other private data will not be available as public information. If you have any questions, concerns, or special instructions regarding your public or private data as a listed provider on the site, please contact us at [email protected].
Consumer and Provider Account Responsibility
If you create an account on this site, you alone are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer and any other devices through which you may access the site. You understand and agree that HBI may in its sole discretion refuse or reject any ID or password which may be disallowed, unauthorized, or conflict with these Terms of Use. You agree to, and do, accept full and sole responsibility for any and all activity conducted or occurring in, on, or under your account and all access and use of the site or services made possible through the use of your password or account, and you warrant that you have the right to use, and to grant to HBI the license to use and to sublicense, as applicable, any and all information, content, materials, and intellectual property which you may add, upload, contribute, forward, share, distribute, display, transfer, publish, post, write, or input into or onto the site, or which is automatically relayed as a result of your use of the site or services, and that such use will not damage, infringe, violate, or otherwise invade any third party's rights or interests. You agree not to, and shall not, assign or otherwise transfer your account or password to any other person, group, or entity for any purpose whatsoever. Providers may contact us at [email protected], as applicable, to assist in the smooth transition of any provider's practice, or portion thereof, to any other provider.
Supplemental Terms for Providers and Lawful Use
To access certain features or elements of the site or services, providers may be required to agree to applicable Supplemental Terms of Use. Any such Supplemental Terms of Use shall be made available to you as applicable. Providers are solely responsible for ensuring their use of the site and services is lawful and complies with any and all applicable laws, codes, rules, and regulations. Certain contractual obligations between providers and health care insurers may prohibit certain types of payments to providers by consumers. Providers are solely responsible for ensuring their use of the site and services, and any exchanges with health care consumers via the site or services, are allowed under, and do not conflict with, any obligations providers may have to any third parties.
Closing an Account
You may cancel or close your account at any time. In such case, HBI will permanently delete all account information entered or stored on the site, such that you and HBI will no longer have access to any of your previously entered or stored data, including but not limited to any and all messaging chains you may have established with consumers or providers, as the case may be. If you are a consumer, please note that HBI has no access to, authority regarding, or ability to affect providers' servers or sites. After closing an account on the site, please contact a provider directly to determine whether your communications or other information may continue to be available through that provider.
Electronic Communications and Written Evidences
You understand and agree that accessing the site or services or communicating via email with or to HBI constitutes electronic communication and establishes an electronic relationship between you and HBI for communication purposes. You consent to receive electronic communications from HBI, and agree that any and all agreements, notices, alerts, disclosures, updates, and other communications required or allowed to be delivered or provided to you may be delivered or provided electronically through the site itself, through email, or through such other forms of electronic communication which may be or become commonly used and accepted for such purposes, and that such communications constitute communications in writing and satisfy any and all legal requirements regarding communications in writing. Printed versions of these Terms of Use, our Privacy Policy, and any notices, alerts, disclosures, updates, communications, or evidences (collectively, "Evidences") of or relating to the site or services shall be admissible in arbitral, judicial, or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and HBI each confirm that it is your wish that these Terms of Use, our Privacy Policy, and any and all Evidences are, have been, and will be written in the English language only.
Public Bulletin Boards or Communication Services
This site may feature one or more bulletin or message boards, chat areas, news groups, forums, communities, profiles, personal pages, calendars, or other pages, platforms, or facilities designed to allow you to communicate with groups or with the public at large (collectively, "Public Communication Services"). When communicating publicly, please always use caution if or when communicating any information about yourself or your children or loved ones. HBI does not control or endorse any content, materials, information, or communications appearing on Public Communication Services, and such content, materials, information, and communications do not necessarily reflect the views or opinions of HBI or its representatives. HBI specifically disclaims any and all liability regarding such content, materials, information, or communication. HBI reserves at all times the right in its sole discretion to remove, edit, or refuse to post, display, or publish any content, materials, information, or communication in whole or in part for any reason including but not limited to complying with or satisfying any applicable law, regulation, legal process, or government request.
Links to Third Party Sites or Services
This site may contain links to third party websites, offerings, or services ("Linked Sites"). Linked Sites are not controlled or operated by HBI, and the presence of such a link does not imply any endorsement by HBI of the Linked Site nor any association or affiliation between HBI and the owners or operators of a Linked Site. HBI is not responsible or liable for any content or information appearing on any such Linked Site or for your experience with respect to any such Linked Site. HBI does not endorse, guarantee, or warrant the products or services of any third party or website, and HBI is not an agent, broker, dealer, or representative of, or otherwise responsible for or on behalf of, any such third party or website. Such links are provided for your convenience only. You understand and agree that you connect to, access, or use any such Linked Site solely at your own risk.
No Agency
You understand and agree that no agency, partnership, joint venture, or employment or representative relationship exists or has been created as a result of these Terms of Use, our Privacy Policy, or your use of the site or services, and neither you nor HBI has any right or authority of any kind whatsoever to bind the other respective party.
United States Service
This site is operated within the United States, and all data and information submitted or inputted will be connected and transferred to, and used within, the United States. By accessing the site or services, you consent to this use and transfer. If you are using the site or services from outside the United States, additional laws may apply. Please ensure your use of the site or services is appropriate in your jurisdiction. If you access the site or services from outside the United States, you do so at your sole initiative and risk and are solely responsible for compliance with any and all applicable laws and consequences of your use. You may not use the site or services in any jurisdiction in which such use would be illegal or unlawful.
Disclaimer of Warranty
THIS SITE AND ALL ELEMENTS THEREOF ARE PROVIDED "AS-IS" AND WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, HBI HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OR ARISING FROM CUSTOM OR TRADE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; FUNCTIONALITY OR STABILITY; CONSISTENCY; LACK OF VIRUSES; ACCURACY OR COMPLETENESS OF INFORMATION, RESPONSES, OR RESULTS; CORRESPONDENCE TO DESCRIPTION; LACK OF NEGLIGENCE; WARRANTY, DUTY, OR CONDITION OF TITLE; QUIET ENJOYMENT; AND NON-INFRINGEMENT. YOU ASSUME ANY AND ALL RISK WITH RESPECT TO YOUR USE OF THE SITE OR SERVICES. HBI DOES NOT WARRANT AND MAKES NO PROMISE, REPRESENTATION, OR GUARANTEE THAT THE SITE ITSELF WILL BE RELIABLE, THAT THE FUNCTIONS OF THE SITE ARE OR WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVERS, SOFTWARE, OR HARDWARE THAT MAKE THE SITE OR SERVICES AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CONTENT, INFORMATION, OR MATERIALS APPEARING OR CONTAINED ON THE SITE WILL BE CORRECT, ACCURATE, OR RELIABLE.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, HBI IS NOT AND SHALL NOT BE, AND NO PAST, PRESENT, OR FUTURE AGENT, REPRESENTATIVE, OFFICER, DIRECTOR, OWNER, SHAREHOLDER, PARTNER, ADVISOR, EMPLOYEE, LICENSOR, LICENSEE, HEIR, SUCCESSOR, ASSINGEE, SUBSIDIARY, OR AFFILIATED ENTITY OF HBI (COLLECTIVELY, "AFFILIATES") IS OR SHALL BE, LIABLE UNDER ANY CIRCUMSTANCES OR ANY LEGAL OR EQUITABLE THEORY, INCLUDING BUT NOT LIMITED TO TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHERWISE, TO YOU OR ANY OTHER PERSON, GROUP, OR ENTITY FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES ARISING OUT OF YOUR USE OF THIS SITE OR ANY PRODUCT OR SERVICE LINKED TO OR ADVERTISED OR PROMOTED ON THIS SITE, INCLUDING WITHOUT LIMITATION ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST DATA OR INFORMATION, LOST MATERIALS OR DOCUMENTS, COMPUTER FAILER OR MALFUNCTION, OR ANY OR ALL OTHER INTANGIBLE DAMAGES OR LOSSES, EVEN IF HBI OR ITS AFFILIATES HAS OR HAVE BEEN ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY AGREE THAT HBI'S AND ITS AFFILIATES' ENTIRE COLLECTIVE AND AGGREGATE LIABILITY ARISING OUT OF OR UNDER THESE TERMS OF USE OR YOUR USE OF THE SITE OR SERVICES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) U.S. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542 (OR ANY SIMILAR SECTION OF ANY OTHER CODE OR LAW OF ANY OTHER STATE) WHICH SAYS, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Indemnification
You agree to, and hereby do, defend, indemnify, and hold harmless, to the maximum extent allowed by applicable law, HBI and its Affiliates from and against any and all claims, demands, actions, proceedings, arbitrations, mediations, or investigations, or threats of any thereof (collectively, "Claims"), and from and against any and all fees, costs, losses, damages, obligations, expenses, and liabilities of any nature whatsoever, including but not limited to any and all attorneys' fees and legal costs (collectively, "Costs"), arising out of or related to your use or inability to use the site or services or any element therof, your violation of these Terms of Use or any term, portion, or provision thereof, your violation or infringement of the rights or property of HBI or any third party, or your violation of any applicable law, code, rule, or regulation, and you hereby release, waive, discharge, and covenant not to sue HBI or its Affiliates for any such Claims or Costs. HBI reserves the right in its sole discretion and at its own cost, to assume and assert the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with HBI in asserting any and all available defenses, and any such assertion shall in no way serve as any waiver whatsoever of HBI's rights to its defense and indemnification by you per these Terms of Use in or under any other or subsequent circumstances.
Governing Law and Changes to these Terms of Use and Our Privacy Policy
These Terms of Use and any amendments to these Terms of Use are and shall be governed, to the maximum extent allowed by law, exclusively by these Terms of Use and construed in accordance with Illinois law without respect to its conflict of laws rules. Together, these Terms of Use and HBI's Privacy Policy constitute the entire agreement and understanding between you and HBI with respect to the subject matter, and any and all terms, premises, and conditions, hereof and herein, and supersede any and all other communications or impressions with respect to or regarding the site or your use of the site or services. HBI may assign its rights and duties under these Terms of Use and its Privacy Policy to any party at any time without notice to you. These Terms of Use or HBI's Privacy Policy may be amended or updated at any time or from time to time, and the most current version of these Terms of Use and the Privacy Policy shall supersede any and all previous versions and shall be accessible to you at any time by clicking on the applicable links provided on the site. We encourage you to periodically review these Terms of Use and our Privacy Policy and to remain informed of any and all updates. If you continue to use the site or services after any amended or updated Terms of Use or Privacy Policy has been posted, your use or continued use signifies your acceptance of and agreement with the Terms of Use or Privacy Policy, as the case may be, as modified.
Severability
If any term, portion, or provision of these Terms of Use should be held invalid or unenforceable by an acceptable arbitrator or court of competent jurisdiction, such invalidity or unenforceability will not affect any other term, portion, or provision, and the remaining terms, portions, and provisions shall continue in full force and effect as if the unenforceable term, portion, or provision did not exist. In such event, any invalid or unenforceable term, portion, or provision will be superseded by a valid and enforceable term, portion, or provision that most closely matches the intent of the original term, portion, or provision of these Terms of Use.
Waiver
The waiver of any breach of any performance under, or term, covenant, or condition of, these Terms of Use is not and will not be deemed estoppel against asserting the right to require such performance in the future or a waiver of any other term, covenant, or condition, nor of any subsequent breach of the same or any other term, covenant, or condition. All remedies are cumulative.
Construction
Words and phrases used herein, including any acknowledgment hereof, shall be construed and applied flexibly as in the singular or plural number, or masculine, feminine, or gender neutral, as the context upon interpretation or application so requires, and shall not be used to strictly limit any interpretation or application.
Survival
All of the agreements, understandings, and obligations contained in these Terms of Use that expressly or impliedly continue after termination of these Terms of Use or your use of the site or services survive any such termination.
Dispute Resolution
In the event you feel a matter of concern exists regarding your use of the site or services or these Terms of Use, or any term, portion, or provision thereof, please contact HBI at [email protected].
At the election of HBI in its sole and absolute discretion, should any matter or dispute remain unresolved between you and HBI, such matter or dispute shall be subject to final and binding arbitration conducted by a single neutral arbitrator and administered by the American Arbitration Association, with proceedings to be conducted in Chicago, Illinois. The subject matter before the arbitration tribunal may include claims for monetary damages and equitable and injunctive relief, and the prevailing party in any such matter or dispute shall be entitled to recover its costs and reasonable attorneys' fees. The decision or award of the arbitrator shall be final and binding, and judgment upon such decision or award may be entered in any competent court, expressly including any such court sitting in Cook County, Illinois. The Federal Arbitration Act governs the interpretation and enforcement of this provision, and any such entire dispute, including scope and enforceability of this provision, shall be determined by the arbitrator. This provision survives any termination of your use of the site or services or of these Terms of Use.
Alternatively, at HBI's sole and absolute discretion, should HBI not elect to submit any matter or dispute to arbitration, the State and Federal courts of Cook County, Illinois shall have exclusive jurisdiction over, and shall be the exclusive forums for, any matter, dispute, claim, or cause of action, whether in law or equity, arising under or in connection to these Terms of Use or any term, portion, or provision thereof or your use of the site or services, and you and HBI hereby irrevocably consent to personal jurisdiction in such courts, waive any right to object to jurisdiction of or venue in such courts, and agree that service of process in any such circumstances may be made upon each party, respectively, by any means allowed by Illinois or U.S. Federal law. The prevailing party in any such action shall be entitled to recover its costs and reasonable attorneys' fees.
Questions
If you have any questions regarding these Terms of Use, our Privacy Policy, or your use of the site or services please contact us at [email protected].
Date of Last Revision
March 01, 2017
Health Beyond Insurance (HBI) an online platform that connects self-pay patients with health and dental care providers. HBI is your marketplace to find transparent pricing for health and dental services.
