Terms of Service
Effective Date: November 15, 2014
OnPlan Health is a service provider to hospitals and healthcare professionals ("Provider"). OnPlan Health allows patients to manage payment plans, and personal account information.
Please read these User Terms of Service ("Terms") carefully. If you use or access OnPlan Health services, products, or websites ("OnPlan Services"), you agree to be bound by these Terms. If you do not agree to these Terms, do not use the OnPlan Services. We may update or modify these Terms from time to time and will post them and update the date. By accessing or using the OnPlan Services thereafter, you agree to be bound by such updated Terms. If you do not agree, you should not continue to use the OnPlan Services.
When using the OnPlan Services, you agree to: (1) provide accurate information to us at all times and promptly update any information provided, including your profile or any other OnPlan Health account information; (2) keep your access credentials confidential and secure and to promptly notify us if they are compromised; and (3) promptly update any compromised credentials to new credentials and take other steps that you or we may deem necessary to protect your account.
You are responsible for any inaccurate information you provide in connection with the OnPlan Services and any actions taken under your OnPlan account credentials, regardless of whether such actions are taken by you or a third party. We are not liable for any loss or damage arising from any unauthorized use of your account.
You represent and warrant that you meet the following qualifications: (1) if you are an individual person, that you are at least 18 years of age and a resident of the US; (2) if you are an organization, that you are validly organized under applicable US law, and the person completing this registration is authorized to enter into contracts on the entity's behalf; and (3) you are able to form legally binding contracts under applicable law.
As between you and us, all User Content is your sole and exclusive property and you are responsible for it. "User Content" consists of any information, content, or material that you upload, post, or transmit to the OnPlan Services. We may use the User Content to provide the OnPlan Services to you.
In addition, we may use or disclose any information that we reasonably believe is necessary to: (1) satisfy legal requirements or governmental requests; (2) enforce or investigate violations of these Terms; (3) detect, prevent, or otherwise address fraud, security, or technical issues; (4) respond to your user support requests; (5) protect the rights, property, or safety of OnPlan Health, our users, and the public.
With regard to your use of the OnPlan Services, you agree not to engage in any of the following activities and that doing so is a breach of these Terms:
· Violating local, state, or other applicable laws or regulations;
· Impersonating a third party or implying you are someone other than who you are;
· Distributing viruses or other harmful or malicious computer code;
· Collecting information about others without their explicit written consent;
· Providing your access credentials or otherwise allowing a third party or third party system to use your identification, to pretend they are you, or to access your OnPlan Health account; or
· Engaging in any conduct that disrupts or impedes a third party's use and enjoyment of the OnPlan Services, or which, in our judgment, exposes us or any customers, partners or related entities to liability or detriment of any type.
Use of OnPlan Services; Limited License
OnPlan Health grants you limited, revocable, non-sublicensable license to access and use the OnPlan Services and all content, data, information, and materials included in the OnPlan Services (the "OnPlan Services Materials") solely for your own personal use, or if you are a commercial customer of OnPlan Health, solely for your internal business use, subject to the terms and conditions set forth in these Terms or provided in connection with the OnPlan Service. All other rights are reserved by OnPlan Health. You agree that you will not modify, copy, distribute, resell, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, or use the OnPlan Service or OnPlan Service Materials except as explicitly authorized in these Terms. You will not use the OnPlan Services or any of the OnPlan Services Materials other than for their intended purpose or in any way that is unlawful or harms us or our suppliers.
Without limiting the foregoing, you may not engage or attempt to engage in the practices of "screen scraping," "database scraping," "data mining" or any other activity with the purpose of obtaining lists of users or other information from the OnPlan Services or that uses web "bots" or similar data gathering or extraction methods, or knowingly permit use of your access credentials by another party to do so. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the OnPlan Services.
THE ONPLAN SERVICES, THE ONPLAN SERVICES MATERIALS, AND OTHER SERVICES, PRODUCTS, OR MATERIALS PROVIDED IN CONNECTION THEREWITH BY ONPLAN HEALTH, PROVIDERS, OR ANY OTHER THIRD PARTY (THE "MATERIALS") ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ONPLAN HEALTH, PROVIDERS AND ALL OTHER THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT.
ONPLAN HEALTH, PROVIDERS AND ALL OTHER THIRD PARTIES EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR COVENANTS THAT THE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS TO AND USE OF THE MATERIALS IS SAFE, ONPLAN HEALTH DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE MATERIALS OR THE ONPLAN HEALTHF OR THIRD PARTY SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT WILL ONPLAN HEALTH, PROVIDERS, OR OTHER THIRD PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE ONPLAN SERVICES, THE USE OF THE ONPLAN SERVICES.
You agree to indemnify and hold OnPlan Health, each Provider and all other third parties harmless from and against any and all claims, liabilities and damages (including, but not limited to reasonable attorneys' fees and legal costs) of any nature whatsoever related to your breach of these Terms or your use of the OnPlan Services. You further agree that neither OnPlan Health nor any Provider will be liable for any loss, liability, cost, expense, or claim for acting upon your authorization to Connect with Providers pursuant to these Terms.
Applicable Law and Venue
These Terms are governed by and construed in accordance with the laws of the State of Illinois, applicable to agreements made and entirely to be performed within the State of Illinois, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms can be filed only in state or federal court located in Chicago, Illinois, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms. You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, or agents, arising out of or relating to your use of the OnPlan Services or the Terms: (1) you are giving up your right to have a trial by jury; and (2) you are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute.
If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms will continue in effect. You may not assign these Terms, or assign, transfer or sublicense your rights, if any, in the OnPlan Services. Except as expressly stated in another written agreement between you and us, the Terms constitute the entire agreement between you and us with respect to the OnPlan Services. You agree and consent to receive communications from us via each of the following methods: by posting or making available such communication within the OnPlan Services or by sending such communication to the email address or phone number you provided as part of your account. You agree that all agreements, notices, disclosures and other communications that we may provide to you electronically satisfy any legal requirement that such communications be in writing.
Portions of the OnPlan Services are protected by OnPlan intellectual property rights and unless otherwise explicitly indicated in the OnPlan Services, the OnPlan Services Materials and the selection and arrangement thereof are the proprietary property of OnPlan Health and its suppliers and are protected by U.S. and international copyright laws. The OnPlan Health name, and any OnPlan Health products and services slogans or logos referenced herein are either trademarks or registered trademarks of OnPlan Health in the United States or other countries. The names of Providers and other third party companies and products may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.