Last Modified: 2016, September 27
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY SIGNING UP FOR THE REMEDY SERVICE OR OTHERWISE ACCESSING OR USING THIS WEB SITE OR THE REMEDY SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION B.14, DO NOT USE THIS WEB SITE OR THE REMEDY SERVICE.
A. TERMS OF SERVICE
1. Remedy Service
YOU ACKNOWLEDGE AND AGREE THAT WHEN REMEDY ACCESSES AND RETRIEVES HEALTHCARE AND INSURANCE INFORMATION FROM INSURANCE COMPANIES, MEDICAL PROVIDERS OR OTHER SOURCES, REMEDY IS ACTING SOLELY AT YOUR REQUEST AND AS YOUR AGENT, AND NOT AS THE AGENT OF, OR ON BEHALF OF, ANY THIRD PARTY FROM WHOM IT OBTAINS SUCH INFORMATION.
WHILE REMEDY ENDEAVORS TO OBTAIN THE BEST RESULTS FOR ITS USERS, IN NO EVENT DOES REMEDY MAKE ANY PROMISES, REPRESENTATIONS OR WARRANTIES OR ANY KIND REGARDING THE REMEDY SERVICE INCLUDING WITHOUT LIMITATION REGARDING THE RESULTS OF THE REMEDY SERVICE OR THE SAVINGS, IF ANY, THAT MAY BE OBTAINED THROUGH THE USE OF THE REMEDY SERVICE, NOR WILL IT HAVE ANY LIABILITY FOR ANY INABILITY TO ACHIEVE ANY SAVINGS OR FAILURE TO FIND ANY ERRORS.
When you sign up for the Remedy Service or otherwise access or use the Remedy Service, you are engaging Remedy to assist you in analyzing your medical bills and insurance claims and attempting to negotiate lower bills on your behalf, and you hereby authorize Remedy to do the following as Remedy deems necessary or appropriate to provide the Remedy Service: a) access your Insurance Portal Account and review and analyze your medical bills and claims information; b) advocate and negotiate directly with medical providers, insurance companies or intermediaries on your behalf; c) obtain medical records and billing and insurance information about you from any medical provider or insurance company, including insurance eligibility, benefits and coverage information, and d) release medical and billing information to your insurance company and your healthcare provider. You agree to sign, and to have all other family members over the age of 18 whose information is accessed through the Insurance Portal Account sign, all authorizations, releases and other documents as Remedy may from time to time require to enable it to exercise the following authority and otherwise carry out the Remedy Service, including without limitation insurance company and healthcare provider release forms (collectively the "Authorization Forms"). You also agree to sign separate Authorization Forms on behalf of each minor child under the age of 18 whose information is accessed through the Insurance Portal Account. You understand that Remedy may be unable to provide certain services until such Authorization Forms are received by Remedy.
4. Service Fees; Payment Terms
The fees for the Remedy Service (the “Service Fees”) are based on the amount of savings and are set forth on the Pricing page of the Site located at http://tryremedy.comYOU AUTHORIZE REMEDY TO AUTOMATICALLY CHARGE THE PAYMENT METHOD YOU PROVIDE IN THE ENROLLMENT PROCESS FOR ALL SERVICE FEES INCURRED BY YOU IN CONNECTION WITH THE REMEDY SERVICE.
If the payment method we have on file for you is or at any time becomes invalid, you agree to promptly provide to us a substitute payment method, and we will charge all overdue Service Fees plus late fees at the rate of one percent (1%) per month or the highest rate permitted by applicable law, whichever is less. We also reserve the right to suspend the Remedy Services until you have a valid credit card on file with us.
5. Mobile Communications
As part of the Remedy Service, we may send you updates, acknowledgements, inquiries, or other information by mobile phone or text message, and you hereby consent to our communicating with you via your mobile device. We do not charge for these services. However, your carrier’s normal messaging, data and other rates and fees will still apply. At any time, you may text STOP to cancel or HELP for customer support information.
B. GENERAL TERMS
2. Copyright and Limited License
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site or otherwise provided in connection with the Service, including, without limitation, the Remedy logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Remedy, its licensors or users or other third parties and are protected by U.S. and international copyright laws.
REMEDY, the Remedy logos and any other product or service name or slogan contained in the Site are trademarks of Remedy and its suppliers or licensors or other third parties, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Remedy or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Remedy" or any other name, trademark or product or service name of Remedy without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Remedy and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Remedy or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Remedy logo or other proprietary graphic of Remedy to link to this Site without the express written permission of Remedy. Further, you may not use, frame or utilize framing techniques to enclose any Remedy trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Remedy's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Remedy or any third party.
Remedy makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of Remedy and Remedy is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Remedy provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Remedy of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
5. Third Party Content
Remedy may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. Remedy does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Remedy is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use Third Party Content at their own risk.
6. Suggestions; Third-Party Products and Services
Remedy may from time to time make suggestions to you based on the information we review or may provide information about, or link to, third-party products or services on the Site. HOWEVER, YOU ACKNOWLEDGE THAT (A) REMEDY DOES NOT ENDORSE, AND IS NOT LIABLE FOR, ANY PRODUCTS, SERVICES, PHYSICIANS OR OTHER MEDICAL PROVIDERS YOU SELECT, OR ANY OTHER ACTIONS YOU TAKE, BASED ON ANY INFORMATION PROVIDED BY REMEDY OR THAT IS AVAILABLE ON THE SITE; (B) REMEDY IS NOT LIABLE FOR THE CONDUCT OF ANY THIRD PARTIES FROM WHOM YOU MAY RECEIVE ANY HEALTH CARE OR OTHER PRODUCTS OR SERVICES; AND (C) REMEDY DOES NOT RECOMMEND OR DISCOURAGE ANY PROCEDURES OR TESTS OR PROVIDE HEALTH OR FINANCIAL ADVICE OF ANY KIND AND THAT REMEDY IS NOT A HEALTHCARE OR FINANCIAL PLANNER OR ADVISOR.
7. Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) safeguard and maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Remedy, to keep it accurate, current and complete; (d) not to impersonate any third party, sign on another person’s behalf (other than your minor children for whom you have legal authority to do so), or otherwise misrepresent your identity or authority; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Remedy due to your providing any third party with access to, or otherwise failing to safeguard, your password or log in information. You agree to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions, and to immediately notify Remedy of any unauthorized use of your account
THE SITE, THE SITE MATERIALS, AND THE REMEDY SERVICE ARE PROVIDED ON AN "AS IS," “AS AVAILABLE,” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. REMEDY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, AND THE REMEDY SERVICE, INCLUDING REGARDING THE INFORMATION, RESULTS, CONTENT, RECOMMENDATIONS, AND MATERIALS ON THE SITE OR OBTAINED THROUGH THE REMEDY SERVICE. REMEDY DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE REMEDY SERVICE OR THE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
WHILE REMEDY ENDEAVORS TO OBTAIN THE BEST RESULTS FOR ITS MEMBERS AND TO PROVIDE USEFUL TOOLS AND INFORMATION TO ASSIST MEMBERS IN UNDERSTANDING AND MANAGING INSURANCE AND HEALTH RELATED EXPENSES, IN NO EVENT DOES REMEDY MAKE ANY PROMISES, REPRESENTATIONS OR WARRANTIES OR ANY KIND REGARDING THE REMEDY SERVICE INCLUDING WITHOUT LIMITATION REGARDING THE RESULTS OF THE REMEDY SERVICE OR THE SAVINGS, IF ANY, THAT MAY BE OBTAINED THROUGH THE USE OF THE REMEDY SERVICE, NOR WILL IT HAVE ANY LIABILITY FOR ANY INABILITY TO ACHIEVE ANY GOALS OR SAVINGS.
WHILE REMEDY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE REMEDY SERVICE SAFE, REMEDY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Remedy reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Remedy.
9. Limitation of Liablity
10. Dispute Resolution; Binding Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH REMEDY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Except for small claims disputes in which you or Remedy seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Remedy seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Remedy waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in San Francisco County, California in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS") , which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Remedy agree that any dispute arising out of or related to these Terms or our Services is personal to you and Remedy and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and Remedy agree that these Terms affect interstate commerce and that the enforceability of this Section 9 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Company agree that for any arbitration you initiate, you will pay the filing fee and Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Company will pay all JAMS fees and costs. You and Remedy agree that the state or federal courts of the State of California and the United States sitting in San Francisco County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND REMEDY WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 9 by signing up for Remedy or otherwise accessing or using the Remedy Service. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 10.
11. Applicable Law and Venue
14. Questions & Contact Information
Questions or comments about the Site may be directed to Remedy at the following email address: firstname.lastname@example.org