Welcome, and thank you for your interest in Transcarent, Inc. (“Transcarent,” “we,” or “us”) and our redesign of the system for delivering health care. We believe that by putting you, the consumer, at the center, and empowering you with our suite of health and care concierge services, which use a combination of software, technology, health guides, and data science to provide you with information, guidance, and access to high-value care, you will take charge of your health, and in the process, benefit not only your health and your finances, but also your family, friends, colleagues, employers, and communities.
We provide the Transcarent health and care experience to you through our live health guides, mo.bile applications, digital tools, other solution services, and related websites (including our website at www.transcarent.ai (the “Site”)) (collectively, the “Service”). These Terms of Service (“Terms”) are a legally binding contract between you and Transcarent regarding your use of the Service. It is important to note that “Service” does not include any of the clinical or medical health and care services you may access through our solution. These services are provided by independent health care practitioners, although Transcarent may enter into contracts to select these providers and require these providers to meet certain standards of excellence. Transcarent is not a licensed medical professional and only provides you with the information, guidance, and access necessary to effectively navigate these services. If you believe you are having a medical emergency, call your doctor or dial 911 immediately.
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESS.ING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS. YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE SERVICE. BY AGREEING TO THESE TERMS, YOU REPRESENT AND WARRANT TO US THAT: (A) YOU ARE AT LEAST 18 YEARS OLD; (B) YOU HAVE NOT PREVI.OUSLY BEEN SUSPENDED OR REMOVED FROM THE SERVICE; AND (C) YOUR REGISTRATION AND YOUR USE OF THE SERVICE IS IN COMPLIANCE WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU ARE AN ENTITY, ORGANIZATION, OR COMPANY, THE INDI.VIDUAL ACCEPTING THESE TERMS ON YOUR BEHALF REPRESENTS AND WARRANTS THAT THEY HAVE AUTHORITY TO BIND YOU TO THESE TERMS AND YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, PLEASE DO NOT ACCESS, BROWSE, OR USE THE SERVICE. We reserve the right 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 obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this section, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. 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.
We reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Transcarent will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
ARBITRATION NOTICE. THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH ARBITRATION AND WITHOUT A JURY TRIAL, ON AN INDIVIDUAL BASIS, AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION.
Transcarent Service Overview. Transcarent’s suite of health and care concierge services continues to grow, and Transcarent will endeavor to update these Terms in a timely manner as additional services are added from time to time to provide you with relevant information about these new services. Currently, participants in group health and welfare plan customers of Transcarent are able to access some or all of the following aspects of the Transcarent Experience:
Digital Experience: Transcarent’s solution organizing the health and care journey in one place via a mobile and desktop application.
Health Guides: Human beings who are available to serve as a navigator, concierge, advocate, and/or coach to you throughout your health and care journey by helping you access information and guidance, build health literacy, identify high quality and cost-effective solutions for your health and care needs, communicate your needs to and prepare for visits with health care practitioners, and develop and follow through on self-determined action plans.
Quality Provider Finder: An integrated offering that analyzes individual health care provider quality and cost efficiency performance for primary care providers, medical and surgical specialists, and other providers across the country. The quality performance analysis assesses appropriate.ness of care (waste avoidance), clinical outcomes, and patient reviews. The cost efficiency performance analysis assesses the total service utilization frequency and intensity of an individual provider compared to like providers on a risk adjusted basis. The Quality Provider Finder does not recommend any individual health care provider. You are ultimately responsible for choosing your health care providers.
Symptom Checker: An automated tool into which you enter symptoms and respond to a series of artificial intelligence-based questions in order for the service to make a probabilistic determination of the potential clinical issues causing your symptoms. The Symptom Checker offers considerations on the acuity of the issue and recommends a series of next steps you may take in the progression of evaluating the specific issue. The Symptom Checker does not make a diagnosis or recommend specific treatments and is not providing medical advice.
Health Information Center: Information about health conditions, symptoms, treatments, and other information made available to you via the Digital Experience and/or Health Guides.
Expert Medical Opinion & Shared Decision Support: An integrated offering including expert medical opinions for high-cost/high-variation procedures and evidence-based medical advice for any medical condition. These services include treatment decision support for you to learn more about your conditions and treatment options and nurse coaching services offering clinical education on most clinical areas.
Musculoskeletal Care: An integrated offering providing you with access to an application contain.ing information about musculoskeletal conditions, symptoms, and treatments through which you can track your progress and receive feedback with behavioral coaching and continuous eduction.
Virtual Physical Therapy: Physical therapy services specifically related to a Surgery Solution (see below for description of this service) medical and/or surgical procedure delivered remotely through instructional video content, sensor technology, and/or oversight and answers to your questions by licensed physical therapists.
Telehealth: Real time and asynchronous telemedicine services for urgent care, behavioral health, and basic primary care offerings for medically low complexity issues. Transcarent’s Telehealth program connects you with a provider who may diagnose your ailment, recommend treatment, and, if necessary and where appropriate, prescribe non-controlled medications in states where you live and travel. One Telehealth “episode” includes an unlimited number of interactions be.tween you and a Telehealth provider you are connected with through the Service during a 7-day period beginning from the time you initiate a chat for healthcare services with a physician regard.less of whether the episode is for the same or different chief complaints or issues.
Surgery Solution: An integrated offering including access to negotiated bundled case rates (inclusive of the medical and/or surgical procedures or treatments associated with an episode of care) with high- value ambulatory surgical centers and hospitals (“Centers of Excellence”) and a team of Care Coordinators who (a) communicates with you via mail, email, telephone, or live chat concerning procedures or treatments recommended by your providers from Centers of Excellence, and (b) provides descriptive information on the process of utilizing the Surgery Solution, including assistance with scheduling treatments and procedures, collecting, and sharing necessary medical records with appropriate providers, travel arrangements for you and any accompanying companion, certain pre-travel care and after-care services, and understanding the costs associated with the Surgery Solution. As part of the Surgery Solution, Transcarent also assists with collecting payments from your health plan in advance of your scheduled medical or surgical procedure or treatment in order to facilitate a smooth passthrough of fees to providers.
Pharmacy Savings Solution: An integrated offering providing you with access to alternative, more effective or less-costly pharmaceutical options to choose from.
Care @ Home: An integrated offering connecting you with at-home services for simple and complex urgent and post-operative care.
Family Behavioral Health: An integrated offering providing technology-enabled pediatric behavioral health support across a breadth of needs for children, teens, and their families, including (a) a digital solution with access to personalized content bundles, virtual peer support groups, and asynchronous chat, (b) skill-building programs including one-on-one video visits with trained family behavioral health coaches, (c) licensed therapists for clinical needs applicable to children from 18 months of age, and (d) prescribers for clinical needs applicable to children ages 6-17.
Transcarent Service Guidelines. Providing you with an entirely new health and care experience comes with a few rules of the road that are essential to keep everyone safe. It is important to keep in mind that we are here to help you understand your health and care options, to facilitate your use of the health and care systems available to you, and to support you as you make your health and care decisions, not to provide you with medical care. The content we provide you through the Service is for informational purposes only—it is not medical advice or treatment, and it is not a determination by your health insurers. Further, though we make every effort to bring you the highest quality content, it is possible that the content we provide you could become outdated or inaccurate. You are responsi.ble for confirming the accuracy of information you access via the Service, and we encourage you to speak with qualified healthcare professionals before deciding on any course of action. The following disclaimers spell this out in greater detail.
No Emergency Services. THIS SERVICE SHOULD NOT BE USED DURING A MEDICAL EMERGENCY. THE SERVICE IS NOT INTENDED TO SUPPORT OR CARRY MESSAGES TO ANY EMERGENCY SERVICES, INCLUDING ANY SUCH EMERGENCY SERVICES THAT MAY OTHERWISE ACCEPT INSTANT MESSAGES. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU HAVE AN ALTERNATE MEANS TO SEND AND RECEIVE EMERGENCY MESSAGES AND TO CONTACT EMERGENCY SERVICES. IF YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. YOU SHOULD NOT DELAY SEEK.ING PROFESSIONAL MEDICAL CARE IF YOUR SYMPTOMS OR CONDITION WORSENS, OR IF YOU NEED IMMEDIATE MEDICAL ATTENTION. NOTWITHSTANDING, IF A TRANSCARENT REPRESENTATIVE REASONABLY SUSPECTS THAT YOU MAY BE EXPERIENCING A HEALTH EMERGENCY, OR MAY BE A DANGER TO YOURSELF OR ANOTHER PERSON, TRANSCARENT RESERVES THE RIGHT, AND YOU EXPRESSLY AGREE, THAT TRANSCARENT MAY CONTACT THE APPROPRIATE EMERGENCY SERVICES, INCLUDING CALLING 911, CONTACTING CHILD PROTECTION SERVICES, A SUICIDE HOTLINE, OR OTHER APPROPRIATE SERVICE.
No Practice of Medicine; No Licensed Services. TRANSCARENT’S SERVICES ENABLE CO.ORDINATION WITH HEALTH CARE PRACTITIONERS, AND IN CERTAIN CIRCUMSTANCES, DIRECT COMMUNICATION WITH HEALTH CARE PRACTITIONERS, BUT TRANSCARENT’S SERVICES DO NOT REPLACE ANY RELATIONSHIP WITH ANY HEALTH CARE PRACTI.TIONER OR SERVICE, AND TRANSCARENT ITSELF DOES NOT DIRECTLY OR INDIRECT.LY PROVIDE MEDICAL OR HEALTH ADVICE, CARE, DIAGNOSIS, OR TREATMENT. ALL HEALTH CARE PRACTITIONERS YOU ARE CONNECTED TO THROUGH TRANSCARENT ARE INDEPENDENT PROFESSIONALS PRACTICING AS INDEPENDENT PROFESSIONALS OR WITHIN A GROUP OF INDEPENDENTLY OWNED PROFESSIONAL PRACTICES. TRANSCARENT DOES NOT PRACTICE MEDICINE OR ANY LICENSED PROFESSION AND DOES NOT INTERFERE WITH THE PRACTICE OF MEDICINE OR ANY OTHER LICENSED PROFES.SION BY HEALTH CARE PRACTITIONERS, EACH OF WHOM IS RESPONSIBLE FOR THEIR PROFESSIONAL SERVICE AND COMPLIANCE WITH THE REQUIREMENTS APPLICABLE TO THEIR PROFESSION AND LICENSE. YOU HEREBY AGREE AND ACKNOWLEDGE THAT TRANSCARENT IS IN NO WAY ACTING AS A MEDICAL PROVIDER WITH RESPECT TO ANY PERSON. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE TREATMENTS, PROCEDURES, WORKFLOW, INFORMATION, MEDICATIONS, PROCESSES, PRODUCTS, AND OTHER ITEMS REFERENCED BY TRANSCARENT OR THE SERVICE ARE NOT INTENDED AS A RECOMMENDATION OR ENDORSEMENT OF ANY COURSE OF TREATMENT, PROCE.DURE, INFORMATION, PRODUCT, HEALTH CARE PRACTITIONER, OR MEDICATION AND THAT THE ULTIMATE RESPONSIBILITY FOR DIAGNOSING AND TREATMENT OF ANY PA.TIENT USING THE SERVICE RESTS WITH THE HEALTH CARE PRACTITIONERS TREATING SUCH PATIENT.
No Insurance, Indemnity, Payment, Guaranty or Underwriting of Health Care Benefits. YOU HEREBY AGREE AND ACKNOWLEDGE THAT TRANSCARENT IS IN NO WAY ACTING AS AN INSURER, INDEMNITOR, PAYOR, GUARANTOR OR UNDERWRITER OF HEALTH CARE BENEFITS. TRANSCARENT DOES NOT COLLECT REVENUE THROUGH PREMIUM PAY.MENTS, DOES NOT PROCESS CLAIMS OR APPEALS, AND DOES NOT PAY PROVIDER CLAIMS USING COLLECTED PREMIUMS. TRANSCARENT IS NOT AN INSURER OR THIRD-PARTY ADMINISTRATOR. TRANSCARENT IS NOT RESPONSIBLE FOR DETERMINING WHETHER ANY SERVICE IS COVERED UNDER ANY PLAN, OR FOR MAKING ELIGIBILITY OR COVERAGE DETERMINATIONS WITH RESPECT TO ANY CUSTOMER, PARTICIPANT OR PLAN. TRANSCARENT DOES NOT EXERCISE DISCRETION OR CONTROL OVER AND DOES NOT REPRESENT ANY CUSTOMER OR PLAN, OR EITHER OF THEIR RESPECTIVE ASSETS, POLICIES, PAYMENTS, INTERPRETATIONS, PRACTICES OR PROCEDURES. YOU ACKNOWLEDGE THAT IT IS THE SOLE RESPONSIBILITY OF THE HEALTH CARE PRACTITIONER YOU ARE CONNECTED TO THROUGH THE SERVICE TO DETERMINE THE APPROPRIATENESS OF MEDICAL AND/OR SURGICAL PROCEDURES OR TREATMENTS FOR YOU.
No Control Over Practitioners. Transcarent is a customer-focused service designed to bring health and care information to you from one source to maximize the benefits you receive from your group health and welfare plan. We also help facilitate your access to health and care services including medical treatment, accommodation arrangements (such as hotels), and nursing and physician referral services. However, we do not control or operate any hospital, hotel, or any health care practitioner or other service provider, and we do not control the services provided by any hospital, hotel, or any health care practitioner or service provider you may choose to ac.cess through the Service. No health care practitioners are employees or independent contractor service providers of Transcarent. Any opinions, advice, or information expressed by a health care facility, practitioner, professional, or specialist using or accessible through the Service are those of the facility, practitioner, professional, or specialist alone. They do not reflect the opinions of Transcarent. Transcarent does not recommend or endorse any specific tests, products, procedures, medications, devices, or opinions that are made available to you through the Ser.vice. THE HEALTH CARE PRACTITIONER YOU INTERACT WITH THROUGH TRANSCARENT IS SOLELY RESPONSIBLE FOR ALL MEDICAL ADVICE, TREATMENT, AND ANY OTHER INFORMATION PROVIDED TO YOU BY THE HEALTH CARE PRACTITIONER DIRECTLY OR THROUGH THE SERVICE. YOU ALSO AGREE THAT THE OPINIONS EXPRESSED BY ANY HEALTH CARE PRACTITIONER YOU ACCESS THROUGH THE SERVICE ARE NOT THOSE OF TRANSCARENT AND WILL NOT BE USED IN ANY LEGAL DISPUTE AGAINST TRANSCARENT, INCLUDING BUT NOT LIMITED TO LITIGATION, ARBITRATION, CLAIM FOR DISABILITY BENEFITS, CLAIM FOR WORKER’S COMPENSATION, AND/OR MALPRACTICE CLAIMS.
No Representations or Warranties Regarding Providers. The inclusion of health care practitioners in the Service or in any professional directory located in the Service is based on information you, such practitioners, your employer, and others provide to Transcarent, and is not intended as a tool for verifying the credentials, qualifications, or abilities of any health care practitioner contained therein. Transcarent uses data from trusted third-party sources in an effort to provide you with accurate and up-to-date information to assist you in making your health and care deci.sions. However, Transcarent does not make any representations or warranties about the training or skill of any health care providers who provide services via the Services, and you are ultimately responsible for choosing your particular health care provider in every instance. SUCH INFORMATION IS PROVIDED ON AN “AS-IS” “WHERE IS” AND “WITH ALL FAULTS” BASIS, AND TRAN.SCARENT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. TRANSCARENT SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY IN RELIANCE ON INFORMATION ABOUT HEALTH CARE PRACTITIONERS ON THE SERVICE. YOUR RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK. THE SERVICE MAY NOT BE USED BY ANY ENTITY OR INDIVIDUAL TO VERIFY THE CREDENTIALS OF HEALTH CARE PRACTITIONERS.
Non-Discrimination. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND ANY INCENTIVES YOU MAY BECOME ELIGIBLE TO RECEIVE IN CONNECTION THEREWITH FROM TIME TO TIME ARE INTENDED TO PROVIDE VALUE-BASED INCENTIVES AS PART OF A VALUE-BASED INSURANCE DESIGN PROGRAM, AND IN NO EVENT WILL YOU BE ELIGI.BLE TO RECEIVE ANY OF SUCH SERVICES OR INCENTIVES IN A MANNER INCONSISTENT WITH HIPAA’S PROHIBITION AGAINST DISCRIMINATION BASED ON A HEALTH FACTOR.
No Duty to Monitor Communications. By accepting these Terms, you understand that your health care practitioner may send you messages, reports, and emails via the Service regarding the treatment of your condition or in response to your inquiry. We do not and are not responsible for monitoring these messages, reports, and emails for you. YOU AGREE THAT YOU WILL NOT HOLD US LIABLE FOR ANY LOSS, INJURY, OR CLAIMS OF ANY KIND RESULTING FROM YOUR FAILURE TO READ THESE MESSAGES OR FOR YOUR FAILURE TO COMPLY WITH ANY TREATMENT RECOMMENDATIONS CONTAINED IN MESSAGES FROM YOUR HEALTH CARE PRACTITIONER.
Risks of Telehealth and Other Consultative Services. If your independent health care practitioner uses the Service to provide advice or treatment to you, they may not have the benefit of information that would be obtained by examining you in person and/or observing your physical condition. Therefore, your health care practitioner may not be aware of facts or information that would affect their opinion of your diagnosis or treatment. We encourage you to discuss these limitations with your health care practitioner if you have concerns. BY DECIDING TO ENGAGE THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE AWARE AND AGREE TO ASSUME THE RISK OF THESE LIMITATIONS. FURTHERMORE, YOU AGREE AND AC.CEPT THAT: (I) ANY DIAGNOSIS YOU MAY RECEIVE FROM YOUR HEALTH CARE PRACTITIONER THROUGH THE SERVICE IS LIMITED AND, IN SOME CASES, PROVISIONAL; (II) ANY OPINIONS YOU MAY RECEIVE FROM YOUR HEALTH CARE PRACTITIONER THROUGH THE SERVICE ARE NOT INTENDED TO REPLACE A FULL MEDICAL EVALUATION OR AN IN-PERSON VISIT WITH YOUR HEALTH CARE PRACTITIONER; (III) A HEALTH CARE PRACTITIONER ACTING THROUGH THE SERVICE MAY NOT HAVE IMPORTANT INFORMATION THAT IS USUALLY OBTAINED THROUGH AN IN-PERSON PHYSICAL EXAMINATION; AND (IV) THE ABSENCE OF AN IN-PERSON PHYSICAL EXAMINATION MAY AFFECT THE HEALTH CARE PRACTITIONER’S ABILITY TO DIAGNOSE YOUR CONDITION, DISEASE OR INJURY THROUGH THE SERVICE. Other potential risks associated with the use of virtual encounters for advice and treatment include, without limitation, the following:
Delays in medical evaluation and consultation or treatment due to deficiencies or failures of the equipment or internet connection;
Failure of security protocols that may lead to a breach of privacy of personal medical information; and
Lack of access to complete medical records resulting in adverse drug interactions or allergic reactions or other negative outcomes.
Accounts and Registration. To access most features of the Service, you must register for an ac.count. When you register for an account, you will be required to provide us with some information about yourself, such as your name, email address, zip code, date of birth, or other identifiers. If the participant is a child, a parent or guardian will need to register them, and after doing so, may be able to access certain limited aspects of the Service on behalf of their child. You agree to provide us with accurate information when you register for an account and to keep your information accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at email@example.com.
Your Relationship with Transcarent. Transcarent provides a health and care experience through which you are able to consult with your health care practitioners and obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness. The health and wellness resources made available through our Service are not a substitute for direct in-person health care services. The decision to focus on diagnosis, treatment recommendations, or both rests with you and your health care practitioner, whom you select in your sole discretion. You understand that by coordinating and in certain cases consulting with a health care practitioner through the Service, you are not entering into a doctor-patient relationship with Transcarent.
General Payment Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable.
Price. Transcarent reserves the right to determine pricing for the Service. Transcarent will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Transcarent may change the fees you have agreed to be charged for any feature of the Service, including additional fees or charges, if Transcarent gives you advance notice of changes before they apply. Transcarent, at its sole discretion, may make promotional offers with different features and different pricing to any of Transcarent’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
Third-Party Charges. Additional charges from licensed health care practitioners and/or Transcarent’s independent third-party allied clinical services partners may apply. Before you pay any fees to a third party, you will have an opportunity to review and accept the fees that you will be charged by these third parties. Such charges are subject to the applicable third-party’s terms and conditions.
Authorization. You authorize Transcarent to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Transcarent, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a health insurance plan, Transcarent may seek pre-authorization of your account with your insurer prior to your purchase to verify that the account is valid and that your purchase is eligible for coverage by your plan. If you pay any fees with a credit card, Transcarent may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
Delinquent Accounts. Transcarent may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
Limited License. Subject to your complete and ongoing 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: (a) install and use object code copies only of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on mobile devices that you own or control; and (b) access and use the portions of the Service purchased by your health and/or welfare benefit plan(s).
License Restrictions. You may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
Feedback. If you choose to provide input and suggestions regarding the Service (“Feedback”), you hereby grant Transcarent an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free, worldwide right and license to exploit commercially or otherwise the Feedback in any manner and for any purpose, to the fullest extent permitted by applicable law, including to aggregate and de-identify such Feedback, including any protected health information, improve the Services, and create other products and services.
Ownership; Proprietary Rights. The Service is owned and operated by Transcarent. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Transcarent are protected by intellectual property and other laws. All Materials included in the Service are the property of Transcarent or its third-party licensors. Except as expressly authorized by Transcarent, you may not make use of the Materials. Transcarent reserves all rights to the Materials not granted expressly in these Terms.
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. Transcarent asks our users to do the same. Transcarent therefore employs measures to prevent copyright and other intellectual property infringement on the Service. 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:
Transcarent, Inc. 2 South Park Street San Francisco, CA 94107 Attn: Designated Agent
Under 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 in.fringed, or if multiple copyrighted works or other intellectual property on the Service 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, ad.dress, 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.
Do not send any inquiries unrelated to copyright or other intellectual property infringements to the contact listed above.
No Transcarent Control of Third-Party Content; No Statement as to Accuracy. To the extent that any of the content included in the Service is provided by third-party content providers, health care practitioners, or other Service users, 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 Service are those of such professional, third-party suppliers, or users, respectively. Transcarent does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the content displayed on the Service or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Transcarent.
Third-Party Services and Linked Websites. Transcarent may provide tools through the Service that enable you to export information, including User Content, to third-party services. By using one of these tools, you agree that Transcarent may transfer that information to the applicable third-party service, and it is doing so at your direction. You acknowledge that third-party services are not under Transcarent’s control, and, to the fullest extent permitted by law, Transcarent is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Transcarent’s control, and Transcarent is not responsible for their content.
Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
Third-Party Interactions. Your interactions with entities or individuals accessible on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such entities or individuals. We encourage you to conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for exercising caution, discretion, common sense, and judgment in using the Service and disclosing personal information. You agree that Transcarent shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Service, or between users and any third party, you under.stand and agree that Transcarent is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Transcarent, its officers, employees, agents, and successors in interest from claims, demand, and damages (actual or con.sequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” Regardless of whether you are a California resident, you waive any claims based on statutes, common law principles, or other applicable laws similar to the substance of California Civil Code Section 1542.
With Transcarent Concierges. You may use the Service to connect with Transcarent and in.dependent health care practitioners. You may initiate these connections using the Service. You may receive invitations to connect by telephone call, text message, email, or via the Transcarent mobile application or a linked third-party application. When you initiate or accept a connection with Transcarent or a health care practitioner, you consent to receiving communications via the Service, including SMS or email generated by the Service, from Transcarent or such other person and the company or entity that such other person represents (including other employees and service providers from the same company). You may disconnect from a particular health care practitioner, their company, or any other person via the Service. Disconnecting from a health care practitioner, their company, or any other person rescinds your consent for such health care prac.titioner, company, or other person to contact you via the Service but does not rescind any other permissions you have given the practitioner or company to contact you via other means.
Text Messaging. Transcarent and those acting on our behalf may send you text (SMS) messages at the phone number you provide us. These messages may include operational messages about your use of the Service, as well as marketing messages. You may opt out of receiving market.ing and/or operational text messages at any time by indicating that you no longer wish to receive such texts directly in the Transcarent mobile application by navigating to the “Notifications” screen from your Profile Page and toggling your communications settings or by texting “STOP” or “END” in reply to such messages from the mobile device receiving the messages. You may continue to receive text messages for a short period while Transcarent processes your request, and you may also receive text messages confirming the receipt of your opt-out request. You acknowledge that opting out of receiving operational text messages may impact the functionality that the Service provides to you. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive text messages is not a condition of any purchase or use of the Service. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier.
Push Notifications and In-App Messages. When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not active. You can turn off notifications directly in the Transcarent mobile application by navigating to the “Notifications” screen from your Profile Page and toggling your communications settings.
Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself or directly in the Transcarent mobile application by navigating to the “Notifications” screen from your Profile Page and toggling your communications settings.
BY USING THE SERVICE, YOU AGREE NOT TO:
use the Service for any illegal purpose or in violation of any local, state, national, or international law;
harass, threaten, demean, embarrass, or otherwise harm any other user of the Service or any other person with whom you interact in connection with the Service, including, but not limited to, Health Guides, health care practitioners contacted through the Service and Transcarent team members;
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 Service, including 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 any portion of the Service;
interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
sell or otherwise transfer the access to the Service granted under these Terms or any Materials (as defined in the section above titled “Ownership; Proprietary Rights”) or any right or ability to view, access, or use any Materials; or
attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.
Are you using social media? So are we! We encourage you to read, share, follow us, and provide commentary on Facebook®, Twitter®, Pinterest®, LinkedIn®, Instagram®, and other social media sites (“Social Media Site”). Before you post, please make sure you read our social media disclaimer:
We are under no obligation to screen or monitor your posts or any other user content; however, we reserve the right to monitor participation to ensure that you stay on topic, are courteous, and avoid making offensive comments. Your posts and user content must adhere to the following requirements and cannot:
Contain any third-party material including logos, drawings, tattoos, photographs, pictures, sculptures, paintings, and other images or works of art, phrases, trademarks, trade secrets, or other items without explicit prior written permission to use such materials;
Contain sexually explicit, graphic, gratuitous, or unnecessarily violent content or defamatory or derogatory content against any ethnic, racial, gender, religious, sexual orientation, professional or age group or contain any pornographic or nude material;
Contain any private information about yourself or any other individual, including without limitation, information related to the health of the individual, financial information about the individual, or any identification or account numbers related to the individual, with or without their permission or consent;
Contain any software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; or
Contain any advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or promote illegal activity and/or illegal contests, sweepstakes, gambling, including any online casino, sports books, bingo, poker, or any other form of solicitation.
We reserve the right to edit comments for content, remove off-topic contributions, delete offensive comments or remarks, block offensive contributors, and delete actual or suspected spam content from any Social Media Site. Please be aware that once you post something online, there is the potential for numerous individuals to read your words, even years from now. Therefore, we suggest that you exercise caution when posting on any Social Media Sites and that you not disclose Information like your location, medical record number, personal medical information, financial information, etc. We are not responsible for the content of any comments or responses posted by others to any web.site or Social Media Site we manage or monitor. We do not control the placement of any marketing or advertising displayed on our pages by social media or third-party organizations.
Please remember that information posted on any of our social media profiles or sites is for general informational purposes only and should not be considered medical advice and should not replace a consultation with your health care or financial professional. Always consult an appropriate health care or financial professional for your specific needs. If you are experiencing a medical emergency, call 911 or your local emergency number. Some treatments mentioned on social media formats may not be covered by your health plan. Please refer to your benefit plan documents for information about coverage.
We reserve the right to respond to any post or user content and may occasionally privately request your contact information to assist offline with your consent by routing the matter to the appropriate persons or department for further handling. Any further questions about your account, claims or benefits or request for additional information can be addressed by visiting your health plan’s member website, or calling the toll-free member phone number on the back of your health plan ID or other membership card.
All trademarks are the property of their respective owners.
Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and end when terminated.
Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Transcarent may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time directly in the Transcarent mobile application by navigating to the “My Profile” page from the Home Page and selecting “Delete My Account” or by contacting a Health Guide.
Effect of Termination. Upon termination of these Terms, (a) your license rights will terminate, and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Transcarent any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and provisions which by their nature involve obligations extending beyond termination of these Terms will survive.
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will de.fend and indemnify Transcarent and its owners, officers, directors, employees, consultants, affiliates, subsidiaries, contractors, and agents (together, the “Transcarent Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (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; (d) your negligence or intentional misconduct, or (d) any dispute or issue 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 indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS”, “WHERE IS”, “WITH ALL FAULTS”, AND ON AN “AS AVAILABLE” BASIS. TRANSCARENT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, 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 SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SE.CURE, 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 SERVICE OR TRANSCARENT ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE TRAN.SCARENT ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER, INCLUDING HEALTH CARE PRACTITIONERS YOU HAVE ACCESS TO THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE 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 SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULL.EST EXTENT PERMITTED BY LAW. Transcarent does not disclaim any warranty or other right that Transcarent is prohibited from disclaiming under applicable law.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE TRANSCARENT EN.TITIES 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 SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUD.ING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY TRANSCARENT ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE TRANSCARENT ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO TRANSCARENT FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DIS.CLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES AL.LOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. 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 WILL APPLY EVEN IF ANY LIMITED REM.EDY FAILS OF ITS ESSENTIAL PURPOSE.
Generally. In the interest of resolving disputes between you and Transcarent in the most expedient and cost-effective manner, 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. 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 an applicable federal, state, or local agency if that enforcement action is available through such agency; (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 pro.visions of this section 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, 2 South Park Street, San Francisco, California 94107 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Transcarent receives your Opt-Out Notice, this section will be void and any action arising out of these Terms will be resolved as set forth in the section below labeled “Miscellaneous.” 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., 2 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 through informal means, 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 docu.ments 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 reimburse.ment 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 PLAIN.TIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEED.ING. 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 any portion of this section or these Terms is found to be unenforceable, or if Transcarent receives an Opt-Out Notice from you, then the entirety of this Dispute Resolution and Arbitration section will be null and void and, in that case, the exclusive jurisdiction and venue described in the section below labeled “Miscellaneous” will govern any action arising out of or related to these Terms.
General Terms. These Terms and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Transcarent regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise. The failure to require performance of any provision in any one instance will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, in any one instance be 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 will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
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.
Additional Terms. Your use of the Service is subject to 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 from the Service (the “Additional Terms”). All Additional Terms are incorporated into these Terms by this reference.
Contact Information. The Service is offered by Transcarent, Inc., located at 2 South Park Street, San Francisco, California 94107. You may contact us by sending correspondence to that address or by chatting with a live Health Guide directly in the Transcarent mobile application.
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 Service or to receive further information regarding use of the Service.
No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
International Use. The Service is only intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
Notice Regarding Apple. This section only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Transcarent only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.