Terms and Conditions (Posted 06/01/2020 )

MyEZ Health Guide, together with its related websites and mobile applications are offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained in these Terms and Conditions. If you do not agree with these Terms and Conditions, do not access or download the MyEZ Health Guide website(s) and/or mobile application(s). Your use of the website(s) and/or mobile application(s) is your agreement to all of the Terms and Conditions.

“MyEZ Health Guide” includes your MyEZ Health Guide account together with its related website(s) and mobile application(s).

Key Benefit Administrators, Inc. (“KBA”) and American Health Data Institute, Inc. (“AHDI”), together with their subcontractors manage the MyEZ Health Guide. “We” refers to KBA and AHDI.

We reserve the right change the terms, conditions, and notices under which the MyEZ Health Guide is offered in our sole discretion, including by not limited to changes associated with the use of its websites and mobile applications. Your continued use of the MyEZ Health Guide following the posting of revised Terms and Conditions means that you accept and agree to the changes. If we make any changes, we will post the new Terms and Conditions.

In order to use the MyEZ Health Guide and access any content, you need to (1) be 18 years or older, or be 13 years or older and have your parent or guardian’s consent to this Terms and Conditions, the Privacy Notice and all of the site agreements, (2) have the power to enter a legally binding contract with us and be permitted to do so under any applicable laws, and (3) reside in the United States. You also promise that any registration information that you submit to us is true, accurate, and complete, and you agree to provide updates to keep it that way at all times.

Your Use of MyEZ Health Guide

The documents and other information and content available on the MyEZ Health Guide website(s) and mobile application(s) are referred to as “Content.” The Content is protected by copyright laws throughout the world. You are granted a limited, revocable license to access and use the MyEZ Health Guide and the Content. You are required to retain all copyright and other proprietary notices on any copies of the Content. Using the MyEZ Health Guide does not give you any ownership rights to the Content. Further, nothing in these Terms and Conditions is to be interpreted as giving you any license or right under any patent, copyright, trademark, or other intellectual property right of ours or of any third party. We and our suppliers reserve all rights not granted in these Terms and Conditions.

You may not provide any Data (as defined in Section 5) or use the MyEZ Health Guide in any way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the MyEZ Health Guide or any of its features. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any Content or any portion of the Content in any electronic medium or in hard copy, or create any derivative work based on such Content, without our express written permission. The MyEZ Health Guide and Content are for informational purposes only and we do not make any recommendations on or via the MyEZ Health Guide; accordingly, you should not rely upon the MyEZ Health Guide or Content as the sole basis for any decision or action. 

Access to Explanations of Benefits through Your Account

Explanations of Benefits (EOBs) for services received by adult dependents covered by your benefit plan (Spouse and Children over age 18) may be hidden from you view. Adult dependents may create an account and adjust their profile preferences based on whether they want you to view their EOBs and other information.

You will receive EOBs electronically to your account, which may view, download or print from MyEZ Health Guide websites. To receive paper EOBs, go to the profile tab in your account and change your preferences. You also may reach out to us using the message feature in your MyEZ Health Guide account or call the number on the back of your health plan identification card.

Trademarks

All trademarks, logos and service marks (“Marks”) displayed on the MyEZ Health Guide are our property or the property of third parties. You are not permitted to use these Marks without the Marks’ owner’s prior written permission. 

Modification

We reserve the right to (i) modify the Content or to (ii) modify, suspend, or discontinue the MyEZ Health Guide or any part of any of its websites or mobile applications at any time with or without notice to you. You agree that we are not be liable to you or to any third party for any modification of the Content or any modification, suspension, or discontinuance of the MyEZ Health Guide.

User Submissions

MyEZ Health Guide may enable you to submit emails or otherwise provide certain content, data or other information (“Data”) to MyEZ Health Guide website(s) or mobile application(s). You can only post Data if you own all the rights to the Data or if the owner has given you permission. You do not transfer ownership of the Data you provide, submit or post. However, by doing so, you grant us and necessary sub-licensees permission to use the Data in the operation of our businesses, subject to our compliance with applicable laws, including federal and state privacy laws. This includes permission to copy, modify publish, perform, transmit and display such Data in accordance with these Terms and Conditions. However, except as permitted by federal or state privacy laws (such as in connection with paying a health care claim), our use will not reveal your name unless you, the individual user, agree to permit such use in a separate agreement with us. 

To the extent permitted by applicable law, we reserve the right to disclose aggregated data, or information or statements we publish without attribution to any identifiable individual, or specific data or statements that you separately and specifically agree we can share with the larger public or media, without infringing your confidentiality.

Privacy Policy

Please review the Privacy Policy. It is part of these Terms and Conditions and provides information on our data protection practices.

You are also encourage to review your health plan’s Notice of Privacy Practices (NOPP). In most cases, you can access the NOPP in your account, together with other health plan documents. You may use your MyEZ Health Guide to send us a message from your account if you have questions about obtaining copies of the documents. You may also call the number on the back of your health plan identification card.

Third Party Links

The Content may contain links to websites that are owned and/or operated by third parties. Such websites are not under our control. We provide these links only as a convenience and we do not review, approve, monitor, endorse, warrant, or make any representations with respect to such websites. We are not responsible for such websites’ content or for any link(s) they may contain. 

Warranty Disclaimer

NO WARRANTIES OR PROMISES ARE MADE ABOUT MYEZ HEALTH GUIDE, ITS WEBSITE(S) OR MOBILE APPLICATIONS. IN PARTICULAR, KBA AND AHDI DO NOT MAKE ANY WARRANTIES OR PROMISES ABOUT MYEX HEALTH GUIDE, THE WEBSITES, MOBILE APPLICATIONS OR CONTENT. FOR EXAMPLE, INFORMATION ON THIS WEBSITE OR MOBILE APPLICATION MAY NOT BE CURRENT, OR COMPLETE WHEN YOU VISIT IT AND IT MAY CONTAIN ERRORS AND INACCURACIES. ADDITIONALLY, WE DO NOT MAKE ANY COMMITMENTS OF THE WEBSITE LEGAILTY, AVAILABLITY, RELIABLITY OR ABILITY TO MEET YOUR NEEDS. MYEX HEALTH GUIDE, WEBSITES, MOBILE APPLICATIONS AND CONTENT ARE PROVIDED “AS IS” AND FOR YOUR USE AT YOUR OWN RISK. SOME JURISDICTIONS PROVIDE CERATIN WARRANTIES, SUCH AS NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PREMITTED BY LAW, ALL WARRANTIES, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING ALL THE WARRANTIES LISTED ABOVE, AND ANY WARRANTIES OF TITLE, ACCURACY, AND QUIET ENJOYMENT ARE DISCLAIMED. 

Indemnification

You agree to indemnify and hold KBA, AHDI, their parents, subsidiaries, affiliates, officers, employees, agents, contractors, partners and licensors (collectively, the “MyEZ Health Guide Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your Data or (b) your violation of any applicable laws, rules or regulations. The MyEZ Health Guide Parties reserve the right, at their own cost, to assume the exclusive defense and control of any matter requiring indemnification by you, in which event you will fully cooperate with the MyEZ Health Guide Parties in asserting any available defenses. You agree that the provisions in this section will survive your access or use of MyEZ Health Guide, its website(s) and mobile application(s). 

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT EXCEPT WHERE PROHIBITED IN NO EVENT WILL THE MYEZ HEALTH GUIDE PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH CONTENT OR THE USE OR PERFORMANCE OF THE MY EZ HEALTH GUIDE, ITS WEBSITES OR MOBILE APPLICATIONS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT A MYEX HEALTH PLAN PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. THE MYEX HEALTH PLAN PARTIES’ TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, OR THE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED FIFTY DOLLARS (US$50). THE CONTENT IS NOT INTENDED TO PROVIDE LEGAL OR TAX ADVICE. THE CONTENT SHALL NOT BE USED AS A SUBSTITUTE FOR SPEAKING OR COUNSELING WITH AN ATTORNEY, ACCOUNTANT, OR TAX ADVISOR. THE CONTENT IS NOT INTENDED TO REPLACE TO THE ADVICE OF A PHYSICIAN AND IS NOT INTENDED TO BE RELIED UPON FOR PURPOSES OF MEDICAL DIAGNOSIS OR TREATMENT.

International Visitors

MyEZ Health Guide may be accessed from states across the United States of American and from countries around the world and may contain references to products and services that are not available in your state or in your country. These references do not imply that MyEZ Health Guide intends to provide any product or service offerings in your state or your country. We are based in the United States of America. MyEZ Health Guide makes no representations that its websites, mobile applications or the Content and any of our offerings are or will be appropriate or available for use in foreign countries. Those who access or use MyEZ Health Guide, its website(s) or mobile application(s) or the Content from other jurisdictions do so at their own volition and are responsible for compliance with all applicable laws. 

Additional Terms

We currently have various service offerings. If you subscribe to any such offerings, those services may be provided under a separate digitally or manually executed agreement. Such agreements will supersede these Terms and Conditions.

These Terms and Conditions may also be superseded by expressly designated legal notices or terms located on particular pages of the website(s) and mobile application(s). 

Governing Law

These Terms and Conditions and any related action will be governed and interpreted by and under the laws of the State of Indiana, without regard conflicts of laws, principles or rules. Venue for any dispute arising out of these Terms and Conditions will be the state courts located in Marion County, Indiana or the federal courts of the United States in the Southern District of Indiana, and each party (you and KBA and AHDI) consents to personal jurisdiction to such court(s) and also waive any right it may otherwise have to challenge the appropriateness of such forums. 

General Provisions

Any waiver or failure to enforce any provision of these Terms and Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any particular provision of these Terms and Conditions is held invalid or unenforceable, that part will be modified to reflect the original intention of the parties, and the other parts will remain in full force and effect. 

General Provisions

Any waiver or failure to enforce any provision of these Terms and Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any particular provision of these Terms and Conditions is held invalid or unenforceable, that part will be modified to reflect the original intention of the parties, and the other parts will remain in full force and effect. 

Contact Information

All questions, comments, concerns or notices of violation of these Terms and Conditions can be made to: ___________________. Notify us immediately at ______________________ if you become aware of any unauthorized use of your password, your account or your Data.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us at _____________________ and provide us with a description of the copyrighted work or other intellectual property that you claim has been infringed, a description of where the material is located on the website or mobile application, your address, telephone number and email address, a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent or the law, and a statement by you made under penalty of perjury that the above information is accurate and you are the copyright or intellectual property owner or authorized to act on the owner’s behalf.