Terms of Use

These Terms of Use govern any use by any person (referred to as “you” or “your”) of the website of MVP Health Care, Inc. (referred to as “we,” “us” or “our”) located at www.joinmvpmedicare.com and any micro sites maintained by us, including all of the pages of that website or those micro sites (we refer to these collectively as our “Websites”), and including the mobile applications we make available for your download and use through a smartphone or other mobile device (our “Mobile Apps”).

Agreement

• Accessing or using our Websites or Mobile Apps in any way is acceptance of these Terms of Use as the binding, complete and exclusive agreement between you and us, including the other documents we refer to in these Terms of Service as included in the agreement between you and us (collectively, we refer to these Terms of Use and those documents as the “Agreement”). We may change these Terms of Use by posting a new version at our Websites, and upon posting the Agreement is modified to include the new version.  No other written terms, and no oral communications of any nature, are part of the Agreement.  Agreements not set forth in this agreement are not binding and this agreement may not be changed or terminated orally. This agreement supersedes any preceding agreement between the parties relating to the services of this site or the mobile application.
• The downloading and use of our Mobile Apps is also subject to the terms and conditions of the online stores from which it is downloaded.
• The Agreement is also subject to the documents we post at our Notice of Privacy Practices & Compliance page located at www.mvphealthcare.com.

Websites and Mobile Apps

• Our Websites and our Mobile Apps provide general information about MVP products and services, and certain information and means of communications with us to assist our members, providers, brokers and employers using or paying for our services and those to be provided to their employees.
• The descriptions of products and services on our Websites and Mobile Apps are not intended to constitute offers to sell or solicitations in connection with any product or service. All of our products and services are not available in all areas or to all parties, and are subject to applicable laws and regulations. If you are interested in a particular product or service, contact us to request a complete description of the product or service, as well as information regarding its availability.
• The information contained on our Websites and our Mobile Apps are inherently limited in nature, does not contain all applicable terms, conditions, limitations, or exclusions of the products and services referenced, may contain inaccuracies, typographical errors, and is subject to change without notice.
• We may discontinue all or any portion of our Websites or Mobile Apps at any time, without any notice, and our Websites or Mobile Apps may not be available at all times or at all.
• The listing of a health care professional in our Websites’ or Mobile Apps’ directory does not guarantee that the services rendered by that professional are covered under your specific medical plan. Check your official plan documents, or call the number listed on the back of your ID card for information about the services covered under your plan benefits.
• The information contained on our Websites and our Mobile App is not medical advice. That information should not be used in place of or in addition to the advice of health care professionals. You should see a health care professional if you have a specific health care question or concern.

Access and Required Equipment

• You are solely responsible for properly connecting to our Websites and our Mobile Apps.  You are solely responsible for the proper operation of your computer or other device used to access our Websites, the required browser software and the connection between your computer and the internet.  You are also solely responsible for your smartphone or other mobile device you use to download and operate our Mobile Apps and the telecommunications services required for that operation.
• Actual features of our Mobile Apps may vary based on your mobile device, your communications plan and your individual security profile.  Standard mobile phone carrier and data usage charges will apply to your use of our Mobile Apps.

ID Card Mobile App

• Use of our ID Card Mobile App does not guarantee coverage of services.  You must refer to your Summary Plan Description or Post Enrollment Materials for an explanation of your health plan benefits.
• Use of the electronic ID Card provided through the ID Card Mobile App is limited to the member(s) named on the electronic ID Card.  The electronic ID Card available through the Mobile App is provided for the same use as the physical ID Card mailed to you by MVP.
• You are solely responsible for the proper use, storage, security and communication of the electronic ID Card provided through the ID Card Mobile App.

Ownership and License

• Our Websites and Mobile Apps and the materials available at each are copyrighted by us or our licensors, and all rights are reserved by us.  No ownership right is granted to you by us, whether or not you use or download any item from our Websites or Mobile Apps.
• You are hereby granted a limited license to use the materials on our Websites and Mobile Apps for personal, non-commercial use only, so long as you comply with the terms of the Agreement. You agree not to display, publish, broadcast or sell any material received from our Websites or our Mobile Apps, or in any other manner infringe any intellectual property or proprietary interests of ours or our licensors in such materials. You also agree not to remove or alter any trademarks, copyright notices or related visual marks and logos from the information provided or from any authorized reproductions of such materials. Any derivative works, reproduction, distribution, republication or retransmission of any materials posted on our Websites or Mobile Apps in whole or part for any reason except personal use is prohibited without our prior written consent. You may not create links to or from our Websites or Mobile Apps or “frame” or “mirror” any portion of our Websites or Mobile Apps.
• You may in your discretion provide suggestions to us for changes to in our Websites or Mobile Apps or to our other products and services, new products or services, or other ideas for our business (“Suggestions”), and we welcome Suggestions.  By submitting a Suggestion, you hereby grant to us a worldwide, non-exclusive, royalty-free, unrestricted, sublicenseable, transferable and irrevocable (on any basis whatsoever) license to use the Suggestion in any way we determine without any compensation, attribution, accounting or other obligation to you.

Limitations

• Your use of our Websites and Mobile Apps and the information and materials contained on our Websites and Mobile Apps is at your own risk. TO THE EXTENT PERMITTED BY LAW, WE DO NOT WARRANT, REPRESENT OR GUARANTEE THE ACCURACY, TIMELINESS, OR COMPLETENESS OF OUR WEBSITES OR MOBILE APPS, OR ANY OF THE INFORMATION OR GRAPHICS CONTAINED ON OUR WEBSITES OR MOBILE APPS. OUR WEBSITES AND MOBILE APPS AND ALL MATERIALS CONTAINED ON OUR WEBSITES AND MOBILE APPS, INCLUDING BUT NOT LIMITED TO INFORMATION, GRAPHICS, AUDIO, VIDEO, SOFTWARE, AND OTHER DATA, IF ANY, ARE PROVIDED “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
• We have no duty to update or keep current our Websites or Mobile Apps, and disclaim any responsibility for the content or accuracy of the information contained on, or the availability of, our Websites and Mobile Application. To the extent permitted by law, we will not be liable for: (1) any decision made or action taken by you or anyone else in reliance on materials or information obtained or downloaded from our Websites or Mobile Apps; or (2) any direct, indirect, consequential, incidental, special or similar damages even if we are advised of the possibility of such damages. You expressly agree that in no event will we be liable for any loss or damages arising from the use of our Websites or the Mobile Apps, or any information on our Websites or Mobile Apps.

Other Provisions

• Waiver of any breach of the Agreement will not be a waiver of any future breach. Failure by us to enforce any provision of the Agreement, for any reason, will not affect our right to subsequently enforce that or any other provision of the Agreement.
• The Agreement and all rights and obligations of the parties arising under or relating in any way to our Websites or our Mobile Apps or the information or materials accessed on our Websites or Mobile Apps will be governed by and construed in accordance with the laws of the State of New York applied to contracts entered into and actions occurring within the State of New York and excluding choice of law principles.
• By using our Websites or Mobile Apps, or accessing, transmitting or viewing any information within our Websites or Mobile Apps, you agree to be the exclusive personal and subject matter jurisdiction and venue of the courts located in Albany County in the State of New York.

Version

•  This version of the Terms of Use is dated September 20, 2017.