Terms of Use

 

1. Acceptance of Terms of Use

These Terms of Use (“Terms”) govern your use of the website, mobile applications and any associated online or offline services (collectively, the “Services”) provided by AvMed, Inc. (“AvMed”). Please read these Terms carefully before using our Services.

We require that all users of our Services adhere to these Terms, including with respect to any electronic content, functionality, features and applications in our Services (collectively, “Materials”). By using our Services, you agree to be bound by these Terms, and represent that you are of legal age to be bound. If you do not agree to these Terms, you may not use our Services. If you have a separate relationship with us, the contractual terms of that relationship will control in the event of any conflict.

PLEASE SEE SECTIONS 11-14 BELOW REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING OUR SERVICES, INCLUDING A WAIVER TO A JURY TRIAL OR CLASS ACTION, THAT LIMITS YOUR RELIEF.

NOTE: The Services provide access to information or facilitate communications with health-related services FOR INFORMATIONAL PURPOSES ONLY; the Services do not include any attempt to practice medicine, provide specific medical advice or diagnosis, or create a healthcare provider-to-patient relationship with you. DO NOT disregard your physician or healthcare provider’s advice or delay seeking treatment based on information found through the Services, including through any patient portal. IN THE EVENT OF A MEDICAL EMERGENCY, PLEASE CALL 911. OTHERWISE, PLEASE DIRECT ANY MEDICAL QUESTIONS TO YOUR HEALTHCARE PROFESSIONAL.

2. Your responsibilities

You are responsible for any activity that occurs through your use of the Services. All information you provide to us must be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

Certain features or portions of the Services may be password-protected and may require you to complete a registration process and/or qualify for such Services in order to obtain access. We may, in our sole and absolute discretion, disable your account from the Services for any or no reason, including suspicion of fraud, false information or misuse. You are responsible for (a) the accuracy of all information that you provide to us, (b) maintaining the confidentiality and security of any passwords or other account identifiers that you choose or that are otherwise assigned to you, and (c) all activities that occur under such password(s) or account(s). In the event that your account credentials (i.e., username and password) are used without your consent or you discover any other breach of security, you must immediately notify us.

3. Privacy practices

a. Protected Health Information

Your privacy is important to us. Please see AvMed's Notice of Privacy Practices available here in regard to the protection of your Protected Health Information (“PHI”) as defined under the Health Insurance Portability & Accountability Act and related federal and state laws and regulations (collectively referred to as “HIPAA”), and your ability to access or exercise other rights related to such health information.

b. Website usage data

AvMed routinely gathers data on website activity, such as how many people visit the site, the pages they visit, how long they stay, where they came from, etc. The data is generally collected on an aggregate, anonymous basis. These data help us improve site content and overall usage. AvMed may also transfer this information to third parties where required to do so by law, or where such third parties process the information on AvMed’s behalf.

To collect website usage data, we use “cookies” and similar technologies. Cookies are small data elements that we transfer to your browser when you visit our website. By assigning a unique data element to each website visitor, our website is able to recognize repeat users, track usage patterns and better serve you in the future.

c. Collecting and using personal information

AvMed only collects personal information like name and email address from site visitors when voluntarily provided to us. For example, this information is collected when site visitors send us an e-mail, submit a Member Status Change Form, submit a Visitor Survey, submit a Newsletter Registration, or fill out an application for coverage. This information is used to evaluate and respond to that submission, contact submitters, and service them in an expedient manner. Registration is required to gain access to secured areas in our website.

d. User content and feedback

By submitting, uploading, or otherwise providing content to our Services, such as event activities, pictures, reviews, etc. (“User Content”), you grant AvMed a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, distribute, modify, adapt, and create derivative works in connection with our Services and our business, subject to our privacy practices and commitments referenced above. You represent and warrant that you have all necessary rights, licenses, and permissions to grant the above license and that your User Content does not infringe any intellectual property rights, privacy rights, or any other rights of any third party.

You agree that we are free to use any feedback, corrections, ideas, concepts, know-how, or techniques that you provide to us in regard to the Services (collectively, “Feedback”) for any purpose and you waive all rights therein. PLEASE DO NOT SEND US ANY FEEDBACK THAT YOU WISH US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION UNLESS WE EXPRESSLY AGREE IN WRITING OTHERWISE. For the avoidance of doubt, any feedback subject to a negotiated agreement will be governed by that agreement and not these Terms.

e. Email communication

By providing your email address, you agree that AvMed may send emails to you regarding its products and services. You agree that some of these emails, including breach notices, may be sent without encryption and, therefore, you understand that they may be visible to unauthorized persons. You specifically request that AvMed communicate with you in unencrypted emails when AvMed believes it to be appropriate. You agree that it is your responsibility to maintain the privacy and security of your email account. You also agree that, in the event that AvMed needs to provide you with notice of a data breach or a copy of its Notice of Privacy Practices, such notices may be provided to you by unencrypted email.

f. Telephone communication

By providing a phone number, you represent and warrant that you are the current subscriber for the number and are authorized to consent to and do consent to receive and agree that AvMed or its affiliates, service providers, agents, or business associates may deliver, or cause to be delivered, telephone calls including text messages, or voicemail transmissions using an automated system for the selection or dialing of your phone number or the playing of an artificial voice or pre-recorded message regarding the purposes for which you provided your number, including AvMed products and services for which you are enrolled. If you select the opt-in on the Member Portal for the phone number, you further expressly authorize and agree to calls and messages for marketing, advertising, solicitation, promotional, or other purposes pursuant to the clear and conspicuous disclosure therein. You agree that some of these calls and messages may be sent without encryption and, therefore, you understand that they may be visible to unauthorized persons. You specifically request that AvMed communicate with you in unencrypted calls or messages when AvMed believes it to be appropriate. You agree that it is your responsibility to maintain the privacy and security of your phone calls and messages.

By enrolling to receive text messages, you:

1. Confirm that you want to be enrolled in texts from AvMed and that you understand that there is a risk that your text messages could be read by unauthorized persons. Choosing not to receive texts will not affect your rights to healthcare services or benefits.

2. Agree that AvMed may send you recurring automated texts at the mobile number you provided. You do not need to consent to receive these texts as a condition of receiving any health-related services. Message and data rates may apply. Text “STOP” at any time to stop receiving text messages; text “HELP” for help.

3. Represent that you are legally able to enter into agreements on your own behalf and agree to these Terms. If you will be receiving or sending texts on behalf of another individual (such as a child, parent or partner) who is the patient, you are also representing that you have the legal right or authority, or have obtained all necessary consents and authorizations, to communicate on behalf of such other person with AvMed and use our Services on their behalf.

Text message frequency may vary based on the Services. Participating carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For any questions about our text program, you can reach us via the contact information provided below. If you provide telephone number(s) for which you are not the subscriber, you understand that you shall indemnify AvMed or its affiliates, service providers, agents, or business associates for any costs and expenses, including reasonable attorneys’ fees, incurred as a result of attempting to contact you at the number(s). If at any point you change or obtain a new phone number, or if you no longer maintain the phone number you originally provided to AvMed, you agree to notify AvMed immediately of such change by updating your account information.

g. Healthcare providers and health plans

In some instances, portions of the Services may be used to facilitate communications or other interactions between you and one or more third party healthcare provider(s) or health plan(s). In addition to other disclaimers and exclusions contained in these Terms, we expressly disclaim to the maximum extent permitted by law any and all liability related to any services provided to you by such third-party healthcare provider(s) or health plan(s).

4. Limited license to our Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use our Services for your personal, lawful and non-commercial use. The Services contain Materials owned or licensed by us, including name, logo, text, images, audio/visual works, icons and scripts and other materials provided on or through the Services. Except as provided herein, none of the Materials may be copied, distributed, displayed, downloaded, licensed, modified, published, re-posted, reproduced, reused, sold, used to create a derivative work, or transmitted in any form or by any means without prior written permission from us or the third party owner. Unauthorized use of any Materials provided by the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. Except as expressly provided herein, we and our licensors reserve all rights with respect to the Services and Materials.

Any activity on the Services is subject to monitoring by AvMed at any time. Anyone who uses the Services consents to such monitoring and agrees that AvMed may use the results of such monitoring without limitation.

5. Copyright and trademark notices

All Materials of our Services are subject to copyright protection by AvMed or its licensors. “AvMed” and/or other AvMed marks or products referenced herein are either trademarks or registered trademarks of AvMed. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

6. Linking to our Services

You may link to our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The Services may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content on our Services; send communications with certain content, or links to certain content, using the Services; or cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and must not otherwise: (i) establish a link from any website that is not owned by you; (ii) cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking); or (iii) take any action with respect to the Services that is inconsistent with these Terms. We may disable any social media features and any links at any time without notice in our sole discretion.

7. No unlawful or prohibited use

You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Services to human readable form or create derivative works based upon the Services or any part thereof; (b) disable any licensing or control features of the Services; (c) introduce into the Services any virus or other code or routine intended to disrupt or damage the Services, or alter, damage or delete any Materials, or retrieve or record information about the Services or its users; (d) merge the Services or Materials with another program or create derivative works based on the Services or Materials; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Services or Materials; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Services to others; (g) use, or allow the use of, the Services or the Materials in violation of any applicable laws or regulations; (h) otherwise act in a fraudulent, illegal, misleading, malicious or negligent manner when using the Services; (i) post violent, defamatory, indecent, sexually explicit, discriminatory, unlawful, infringing, hateful or other inappropriate photos or other content, including any posts intended for defaming, stalking, bullying, abusing, harassing, threatening, harming, impersonating or intimidating people or entities; (j) create, solicit, transmit, or procure the sending of, any unwanted, unsolicited or harassing comments or communications, including advertising or promotional material, without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation; (k) access or use the Services by means of any automated program, expert system, electronic agent or “bot” except for general purpose search engines; (l) give any other person or entity unauthorized access to the Services or (m) scrape, copy, republish, license, or sell the information or Materials on the Services. We may pursue legal action and/or report to law enforcement for any such violations.

8. Reporting infringement and other violations with respect to services

We respect the intellectual property rights of others, and we prohibit users of our Services from hosting or transmitting any materials that violate another person’s intellectual property rights or these Terms. For allegations of copyright infringement or any other issues, please notify us via the contact information below.

9. Links to other websites and services

Although we may control some of the hyperlinks in the Services, other links within the Services may lead to third-party sites or services, including social media platforms. AvMed may also from time to time provide third party materials through the Services. AvMed has no control over the content or sites of these third parties, and is not responsible for their privacy practices or content. Neither AvMed nor its related, affiliated organizations operate or control in any respect any information, products or services of these third parties, which are provided “as is” and without warranties of any kind either expressed or implied.

10. Social media policy

The purpose and objective of the AvMed social media channels are to share news, articles, wellness, and company information with “Visitors,” which includes our employees, consumers, clients, constituents, and the public. Social media sites include personal or professional blogs, Facebook, X (Twitter), LinkedIn, YouTube and others.

• Online web content of AvMed social media sites, including statements, opinions, comments and photographs posted by users, do not represent or reflect the statements, opinions, policies, and/or ideas of AvMed and/or its officers, directors, employees, and affiliates.

• AvMed does not endorse and/or accepts no responsibility for the online content posted by users on its social media sites, and you agree to defend, indemnify and hold AvMed and its content providers and service providers harmless from any and all claims, liabilities, losses, damages, settlements, judgments, costs and expenses, including attorney’s fees, arising in any way from your posts to, use of, or access to AvMed’s social media.

• AvMed prohibits users from publishing content or otherwise engaging in activities on our social media sites with respect to:

o Protected health information or other non-public personal information about yourself or any other person;

o Commentary, content, or any material that infringes any patent, trademark, copyright or other proprietary rights of any party;

o Links or connections to viruses, worms, corrupted files, spam, advertisers, pornography, or promoting the sale of personal goods, products or services; and

o Commentary and content that is defamatory, threatening, offensive, discriminatory, deceptive, harassing, unlawful and/or illegal.

• You should carefully consider your privacy before posting anything publicly on the Internet, including in your posts and comments that are available for others to see.

• Note that AvMed may not review or respond to every comment, but AvMed has the right to monitor all content, postings and commentary on its social media sites and may exercise its sole discretion to remove content at any time, including for violation of the above restrictions.

SOCIAL MEDIA SITES SHOULD NOT BE USED FOR PATIENT COMMUNICATIONS, TO SEEK A CUSTOMER RESPONSE FROM AVMED, OR AS A PROPER FORUM FOR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. If you encounter any issues related to your health insurance claims, please contact our Member Services department through the number on the back of your AvMed ID card or at members@avmed.org. If you are experiencing an emergency, please call 911.

Your use of any of the social media channels maintained by AvMed is subject to these Terms. By posting content on a social media site, you acknowledge that you are publishing information voluntarily, with no expectation of privacy, compensation, reimbursement or payment. AvMed may use, reproduce, modify, and/or distribute these materials for its own business purposes without compensation and in accordance with the applicable law.

AvMed employees should refer to Procedure Number HR 4.25 for more information.

11. Disclaimers

YOUR USE OF THE SERVICES AND MATERIALS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND "AS-AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT, AND AVMED HEREBY DISCLAIMS ALL OF THE FOREGOING. Without limiting the generality of the foregoing, AvMed makes no representation or warranty that the Services will be uninterrupted or error-free, that defects will be corrected, or that they will be free of viruses or other harmful components. AvMed does not warrant or make any representations regarding the correctness, accuracy, suitability, timeliness, or reliability of any Materials. ALL INFORMATION CONTAINED ON OR WITHIN THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE SPECIFIC ADVICE AND SHOULD NOT BE RELIED UPON IN THAT OR ANY OTHER REGARD. To the extent your jurisdiction does not allow the exclusion of certain implied warranties, it will not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

We may update the content in our Services and Materials from time to time, but it will not necessarily be complete or up-to-date. Although it is our intention for the Services to be available as much as possible, there may be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We may remove any content from the Services for any reason, without prior notice.

You specifically agree that AvMed shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Services. You specifically agree that AvMed is not responsible or liable for any content or conduct of any other party or any infringement of another’s rights, including intellectual property rights.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AVMED, ITS AFFILIATES, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING FROM OR IN ANY WAY CONNECTED WITH: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR SERVICES; (III) ANY MATERIALS OBTAINED FROM OUR SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, AND IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. If you are dissatisfied with the Services, Materials or these Terms, your sole and exclusive remedy is to discontinue use of the Services.

BY USING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF ANY LAW, WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

13. Indemnification

At our request, you agree to defend, indemnify, and hold harmless AvMed, its affiliates, directors, employees, contractors and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of our Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the you, in which event you will cooperate in asserting any available defenses.

14. Governing law; Dispute resolution

These Terms and the Services shall be governed and construed in accordance with the laws of the State of Florida (U.S.A.), without regard to its conflict of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of competent federal and state courts located in Miami-Dade County, Florida (U.S.A.), in all disputes arising out of or relating to these Terms or the Services. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are expressly excluded from these Terms.

We are reachable via the contact information at the end of these Terms to address any concerns you may have regarding these Terms or the Services. In the event of any dispute hereunder, you agree to provide written notice of the dispute to us, and negotiate in good faith to resolve that dispute for a period of sixty (60) days, which shall be a precondition to you initiating any legal proceeding against us.

YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY JUDICIAL PROCEEDING.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

15. Entire agreement; General terms

You agree that no joint venture, partnership, employment, or agency relationship exists between you and AvMed as a result of these Terms or use of the Services. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Unless otherwise specified herein, these Terms (with our referenced privacy disclosures) constitute the entire terms and conditions with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and AvMed with respect to this subject matter.

16. Termination

Your right to access or use the Services is terminated if you violate these Terms. AvMed reserves the right, in its sole discretion, to terminate your access to our Services, without notice or liability, for any reason or no reason. Upon termination, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

17. Changes to these Terms

AvMed reserves the right, in its sole discretion, to suspend, to modify or update these Terms and Conditions at any time without advance notice. Changes will be effective when posted. Your continued use of the Services after such changes are posted will be deemed acceptance of the changes.

18. Contacting us
If you have any questions, concerns or comments about these Terms or our Services, please contact AvMed by e-mail to members@avmed.org or by phone to 800-882-8633.

Last updated: 12/13/2023