Last Updated: January 23, 2021
Arbitration NOTICE. Except for certain kinds of disputes described in Section 17, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND TRANSCARENT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury (See Section 17).
No Medical or Health Advice, Care, Diagnosis or Treatment. TRANSCARENT DOES NOT DISPENSE MEDICAL, DIAGNOSIS, OR TREATMENT ADVICE. The contents of the Site, including the text, graphics, images, and other materials created by or obtained from contributors, licensors, and other materials contained on the Site (collectively, “Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. THIS SITE PROVIDES INFORMATION ONLY. THE SITE DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY HEALTH CARE PRACTITIONER OR SERVICE, AND TRANSCARENT, ITSELF, DOES NOT PROVIDE MEDICAL OR HEALTH ADVICE, CARE, DIAGNOSIS, OR TREATMENT. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE.
No Emergency Services. If you think you may have a medical emergency, call your doctor or 911 immediately. THE SITE SHOULD NOT BE USED DURING A MEDICAL EMERGENCY. YOU UNDERSTAND THAT THE SITE IS NOT INTENDED TO SUPPORT OR CARRY MESSAGES TO ANY EMERGENCY SERVICES.
Minimum Age Requirement. This Site is not intended or designed to be used by children under the age of 13.
Third Party Websites. The Site may contain links to other websites that are owned and operated by third parties. These links are provided solely for your convenience. Inclusion of these links (and of any associated third party trademarks and logos) does not mean that Transcarent endorses the content or services provided on those third party sites. Transcarent does not guarantee the availability or functionality of these third party sites. We are not responsible for the accuracy, completeness, quality, availability, timeliness, validity, legality, and decency of the content, products, opinions, recommendations, services, or any other aspect of the materials or tools made available through any third party sites or for your use of them. Your use of third party sites is subject to the terms and conditions of use for such websites. Your use of third party sites and any services offered on or by such sites is at your own risk. Transcarent shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with your use of third party sites. Your interactions with entities or individuals found on or through the Site are solely between you and such entities or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You acknowledge that you are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site.
No Transcarent Control of Third Party Content; No Statement as to Accuracy. To the extent that any of the Content included on the Site is provided by third party content providers, health care practitioners, or others, Transcarent has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by professionals, third party suppliers or users on the Site are those of such professional, third party suppliers or users, respectively. They do not reflect the opinions of Transcarent. Transcarent does not recommend or endorse any specific tests, providers, products, procedures, medications, devices, opinions, or other information that may be mentioned on the Site. Transcarent does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party. The inclusion of health care practitioners on the Site or in any professional directory located on the Site does not imply recommendation or endorsement of such health care practitioner.
License. Subject to your compliance with these Terms, Transcarent grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Site; (b) make modifications to the Site; or (c) interfere with or circumvent any feature of the Site, including any security or access control mechanism. If you are prohibited under applicable law from using the Site, you may not use it.
Ownership; Proprietary Rights. The Site is owned and operated by Transcarent. The Content provided on the Site is protected by intellectual property and other laws. All Content included in the Site are the property of Transcarent or its third party licensors. Except as expressly authorized by Transcarent in these Terms, you may not make use of the Content. Transcarent reserves all rights to the Content not granted expressly in these Terms. If you choose to provide Transcarent with input and suggestions regarding problems with or proposed modifications or improvements to the Site (“Feedback”), then you grant Transcarent an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Site and create other products and services.
Notice and Procedure for Making Claims of Intellectual Property Infringement. Transcarent respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and Transcarent asks our users to do the same. Transcarent therefore employs measures to prevent copyright and other intellectual property infringement on the Site, including promptly terminate accounts of users that are determined by Transcarent to be repeat infringers. Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please send a written notification of the claimed copyright or other intellectual property infringement to the following Designated Agent:
58 South Park Street
San Francisco, CA 94107
Attn: General CounselUnder Title 17, United States Code, Section 512(c)(3)(A), to be effective the notification must include substantially the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
Identification of the copyrighted work or other intellectual property that you claim has been infringed, or if multiple copyrighted works or other intellectual property on the Site are covered by the notice, a representative list of such works;
Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Transcarent to locate the material;
Information reasonably sufficient to permit Transcarent to contact you, such as your name, address, telephone number and email address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
A statement by you that the notification is accurate, and under penalty of perjury, that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.
Prohibited Conduct. BY USING THE SITE, YOU AGREE NOT TO
use the Site for any illegal purpose or in violation of any local, state, national, or international law;
use the Site to verify the credentials of health care practitioners;
harass, threaten, demean, embarrass, or otherwise harm any other user of the Site;
violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
interfere with security-related features of the Site;
interfere with the operation of the Site or any user’s enjoyment of the Site, including by uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code or interfering with or disrupting any network, equipment, or server connected to or used to provide the Site; or
attempt to do any of the acts described in this Section 10 or assist or permit any person in engaging in any of the acts described in this Section 10.
Modification of these Terms.We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If you do not agree with any changes to the Terms you must discontinue your use of the Site immediately. Your continued use of the Site after changes are made to the Terms will mean you accept those changes. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Modification of Site.Transcarent reserves the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. Transcarent will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site.
Term, Termination and Modification of the Site
Term. These Terms are effective beginning when you accept the Terms or use the Site, and ending when terminated as described in Section 13.2.
Termination. If you violate any provision of these Terms, your license and authorization to access and use the Site will automatically terminate. In addition, Transcarent may, at its sole discretion, terminate these Terms or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice.
Effect of Termination. Upon termination of these Terms your license rights will terminate, and you must immediately cease all access to and use of the Site. Sections 7, 6, 13.3, 14, 15, 17 and 18 will survive any termination of these Terms.
Disclaimers; No WarrantiesTHE SITE AND ALL CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. Transcarent DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL CONTENT AVAILABLE THROUGH THE SITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. Transcarent DOES NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND TRANSCARENT DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR TRANSCARENT ENTITIES OR ANY CONTENT AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING ANY OF THE TRANSCARENT ENTITIES OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SITE AND YOUR DEALING WITH ANY OTHER SITE USER.YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE) OR ANY LOSS, DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE.THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Transcarent does not disclaim any warranty or other right that Transcarent is prohibited from disclaiming under applicable law.
Indemnity.To the fullest extent permitted by law, you are responsible for your use of the Site, and you will indemnify and hold harmless Transcarent and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Transcarent Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use of the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party.
Limitation of LiabilityIN NO EVENT WILL THE TRANSCARENT ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY TRANSCARENT ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.EXCEPT AS PROVIDED IN SECTION 17.5, THE AGGREGATE LIABILITY OF THE TRANSCARENT ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR USE THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS IN THIS SECTION 16 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Dispute Resolution and Arbitration
Arbitration. In the interest of resolving disputes between you and Transcarent in the most expedient and cost effective manner, and except as described in Section 17.2 and 17.3, you and Transcarent agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal 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. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Transcarent ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions of Section 17.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 within 30 days after the date that you agree to these Terms by sending a letter to Transcarent, Inc., Attention: Legal Department – Arbitration Opt-Out, 58 South Park Street, San Francisco, California 94107 that specifies: your full legal name, the email address associated with your account on the Site,, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Transcarent receives your Opt-Out Notice, this Section 17 will be void and any action arising out of these Terms will be resolved as set forth in Section 18.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
Arbitrator. Any arbitration between you and Transcarent will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. 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 Transcarent. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Transcarent’s address for Notice is: Transcarent, Inc., 58 South Park Street, San Francisco, California 94107. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Transcarent may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Transcarent must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Transcarent in settlement of the dispute prior to the award, Transcarent will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
Fees. If you commence arbitration in accordance with these Terms, Transcarent will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) 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 that case, you agree to reimburse Transcarent 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 must 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.
No Class Actions. YOU AND TRANSCARENT 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 Transcarent 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.
Modifications to this Arbitration Provision. If Transcarent makes any future change to this arbitration provision, other than a change to Transcarent’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Transcarent’s address for Notice of Arbitration, in which case your account with Transcarent will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
Enforceability. If Section 7 or the entirety of this Section 17 is found to be unenforceable, or if Transcarent receives an Opt-Out Notice from you, then the entirety of this Section 17 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 18.2 will govern any action arising out of or related to these Terms.
Governing Law. These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and Transcarent submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Delaware for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Site from our offices in California, and we make no representation that Content included in the Site are appropriate or available for use in other locations.
Additional Terms. Your use of the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site or certain features of the Site that we may post on or link to from the Site (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
Contact Information. The Site is offered by Transcarent, Inc., located at 58 South Park Street, San Francisco, California 94107. You may contact us by sending correspondence to that address.
Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site.
No Support. We are under no obligation to provide support for the Site. In instances where we may offer support, the support will be subject to published policies.
International Use. The Site is intended for visitors located within the United States. We make no representation that the Site is appropriate or available for use outside of the United States. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited.