Terms n Conditions

MyProfusions® web and mobile terms of use

Welcome to the MyProfusions web and mobile experience. These MyProfusions web and mobile terms of use (the “Terms”) apply to those websites and software applications (including mobile applications) that we operate and that contain a link to these Terms (an “Application” or together the “Applications”).

By using our Applications you are agreeing to these Terms. Please read them carefully.

We may modify these Terms at any time by posting the revised Terms on the Applications. You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend at the bottom of these Terms. Any modifications will be effective immediately upon such posting. Your use of or access to the Applications after such modifications are posted will signify your acceptance of the modifications and your agreement to be bound by them. Notwithstanding the foregoing, any modifications to these Terms shall not apply to any dispute between us arising prior to the date on which we post the revised Terms that contain such modifications.

Information on the Applications is provided “AS IS” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The data set forth herein is for informational purposes only, and no warranty is made that the information is error-free. Please note that once you leave an Application or arrive at an Application from another non-MyProfusions location, either by using a link we may have provided for your convenience or by specifying your own destination, MyProfusions accepts no responsibility for the content, products and/or services provided at these non-MyProfusions locations. MyProfusions does not control, endorse, promote or have any affiliation with any other website or software application (including mobile applications) unless expressly stated herein.

Live Chat, the chatbot application used by MyProfusions, provides automated assistance using artificial intelligence (AI).

By using Live Chat, you acknowledge that the chatbot responses are meant to be general in nature. The responses may not be complete, current or specific to your situation. All Live Chat conversations may be recorded and are used in line with our privacy policy. By using Live Chat, you consent to this recording.

We always strive to keep your information secure and confidential. Even with our best efforts, sometimes that is not possible. Conversations with Live Chat may not be secure. By using Live Chat, you accept that risk and agree to use the chatbot regardless. You may stop using Live Chat at any time. To get secure information from MyProfusions, log in to your member account.

Limitation of liability

In No Event Will Myprofusions Be Liable To Any Party For Any Direct, Indirect, Special Or Other Consequential Damages Arising Out Of Any Use Of The Applications, Or Any Other Hyper-linked Website Or Software Application (Including Mobile Applications), Including, Without Limitation, Any Lost Profits, Business Interruption, Loss Of Programs Or Data On Your Equipment, Or Otherwise, Even If We Are Expressly Advised Of The Possibility Or Likelihood Of Such Damages.

Changes to the applications

Information may be changed or updated without notice. MyProfusions has no obligation to update information presented on the Applications, so information contained herein may be out of date at any given time. MyProfusions may also make improvements and/or changes in the products and/or programs described in this information at any time without notice.

Forward-looking statements

Certain information related to financial and operating performance contained on the Applications is forward-looking. You should consider forward-looking statements to have been made only as of the date of their original publication and you should not put undue reliance on forward-looking statements. Those statements, while included on the Applications for historical reference, speak only as of the date of their original publication and have not been updated. We disclaim any intention or obligation to update or revise forward-looking statements, whether as a result of new information, future events, uncertainties or otherwise. Forward-looking information is based on management’s estimates, assumptions and projections, and is subject to significant uncertainties and other factors, many of which are beyond the control of MyProfusions, or any of their affiliates (together, the “Company”). The Private Securities Litigation Reform Act of 1995 provides a safe harbor for forward-looking statements made by or on behalf of the Company. By their nature, all forward-looking statements are not guarantees of future performance or results and are subject to risks and uncertainties that are difficult to predict and/or quantify.

Products and services offerings

“MyProfusions” is the brand name used for products and services provided by one or more of the MyProfusions group of subsidiary companies.

The product and/or services descriptions, if any, provided on this site are not intended to constitute offers to sell or solicitations in connection with any product or service. All products are not available in all areas and are subject to applicable regulation areas and in many instances may be offered only through employers or other plan sponsors. Specific products may not be available in both self-funded and insured forms.

Covered services and preferred benefits are provided under the terms of the applicable plan contract, including limitations and exclusions.

Anyone interested in a particular product should contact their local MyProfusions representative to determine whether the product and/or service is available in their jurisdiction, and to request a copy of the applicable policy or prospectus for a complete description of the product and/or service in question

Trademarks

The MyProfusions logo, MyProfusions, MyProfusions App®, and all other trademarks, service marks, trade names, logos, domain names, URLs and icons (“Marks”) appearing on this website, registered or not, are the property of MyProfusions or their respective owners. Nothing on this website grants you any right or license to use any of the Marks on this site without the express written permission of MyProfusions or the third party owners of the Marks. Unauthorized use may violate trademark and other laws.

Ownership of the applications

The Applications (including any content made available through the Applications) are the property of MyProfusions (or its licensors) and are protected by applicable intellectual property laws. The Applications are licensed, not sold, to you. You may utilize the Applications only as permitted by these Terms. You may not, and will not permit any other party to:

Modify, adapt, alter, translate or create derivative works of the Applications;
Use or merge the Applications, or any component or element thereof, with other software, databases or services not provided by MyProfusions;
Sublicense, distribute, sell or otherwise transfer the Applications to any third party;
Use the Applications as a service bureau, or lease, rent or loan the Applications to any third party;
Reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the Applications;
Interfere in any manner with the operation of the Applications;
Circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the Applications;
Create a database by systematically downloading and storing the Applications;
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape” “data mine” or in any way gather the Applications or reproduce or circumvent the navigational structure or presentation of the Applications without our express prior written consent; or
Use the Applications for any commercial purposes. You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the Applications. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Applications.

Session data

You consent to the use of tracking technologies on the website to collect and record your real-time activities and movements across the Applications throughout your browsing session. You consent to our sharing of your session data with our vendors. Please review our privacy policy for more information about our collection, use, and sharing of session data.

Termination

MyProfusions may suspend or terminate your use of or access to the Applications if you fail to comply with these Terms. Such suspension or termination may result in the permanent deletion of your information or other previously available content.

Not a solicitation

Nothing in this site should be construed as a solicitation or offer to purchase coverage from MyProfusions or any of its affiliated companies.

Not a substitute for professional health care or advice

The health information contained in these Application is general in nature and is not a substitute for professional health care. It is not meant to replace the advice of health care professionals. If you have specific health care needs, or for complete health information, please see a doctor or other health care provider.

Apple-specific terms and conditions

In addition to your agreement with the foregoing Terms, and notwithstanding anything to the contrary herein, you acknowledge and agree to the following provisions with respect to your use of any Application that is compatible with the iOS operating system of Apple (“Apple”). Apple is not a party to these Terms and does not own and is not responsible for the Application. Apple is not providing any warranty for the Application, except if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Application and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Application, including, without limitation, any third-party product liability claims, claims that the Application fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Application, including those pertaining to intellectual property rights, must be directed to MyProfusions. The license you have been granted herein is limited to a non-transferable license to use the Application on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store℠ Terms of Service. In addition, you agree to comply with the terms of any third-party agreement that is applicable to you when using the App, such as your wireless data service agreement. You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. Notwithstanding the immediately preceding sentence, MyProfusions’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.

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