1. The Services Care Better offers, provide pricing information for certain medical procedures that is free to access through its Portal (collectively the “Services”) to individuals, in relation to certain medical procedures from various physician practices, ambulatory surgery centers, hospitals and other providers (“Providers”). Medflo and Care better are not an insurer and the pricing information is not insurance. Care Better pricing information can be used instead of, but not in conjunction with insurance. Care Better pricing information is not intended as a substitute for health insurance. The range of the pricing will vary depending on the medical procedure and the participating Providers. Final payment terms and final pricing should be mutually agreed to by you and the Providers prior to medical procedures. Medflo and Care Better are not responsible for any transfer or payment arrangement between you and Providers. Medflo and Care Better do not make payments to any Providers. Please note that cash payments that you make for medical procedure using Medflo and Care Better Services may not count toward your medical coverage out of pocket costs, but you can confirm that by contacting your coverage provider or insurer. If you are a Medicare Part D beneficiary, then cash payments made using Care Better Services will not count toward your Medicare Part D cost-sharing obligation. Care Better pricing information provided may be based on quotes received from specific participating Providers or multiple Providers, including published price lists, purchases, claims records, and data provided by Providers. There is no guarantee Medflo and Care Better will be able to attain pricing information or a quote from a particular Provider selected by Member. Care Better pricing information is not a guarantee and may change at any time. The pricing information provided by Care Better, is an estimate based on information provided by you and information received from Providers; while we believe our data to be generally accurate, we cannot guarantee that the price we provide will exactly match the price you will pay for the medical procedure. For an exact price, please contact the specific Providers. Care Better pricing information may change at any time. Care Better does not endorse any specific Provider. If a Provider provides an estimate, Provider will ultimately be responsible for determining the price based on Provider's own discretion and professional judgment. This is not a good faith estimate. Providers reserve the right to deny care.
2. Information to be Used and Disclosed; Authorization. You authorize Care Better, owned by Medflo, to disclose your personal and medical information provided by you (including but not limited to including: name, date of birth, address, telephone number(s), e-mail address, medical information, medical procedure, information related to medical procedure, and provider name and other contact information), to various Providers as necessary to obtain pricing information for certain medical procedures. You understand that: (1) You have the right to revoke this authorization except to the extent that Medflo and Care Better have relied upon it; (2) this authorization will remain in effect for two years; and (3) if you do not agree with this authorization, Medflo and Care Better will not be able to provide you pricing information for certain medical procedures. If information you provide discloses information regarding any sensitive medical conditions you may have, including but not limited to those related to mental health, substance use, HIV or other communicable diseases, developmental disabilities, and/or genetic conditions, you authorize that information to be used and disclosed pursuant to this authorization. You understand you may elect to have the Provider contact you directly via email or SMS messages. If you choose to receive email or SMS messages from Providers, you represent that you will provide all required authorizations and permissions to receive the message to the Provider, including but not limited to emails and/or SMS messages which contain certain health-related information. You understand the email or SMS messages you send to Providers will be transmitted via a third party provider, and the messages will not be encrypted and may be read by third parties. Medflo and Care Better are not responsible for revoking or terminating such authorization, Member will need to communicate with Provider directly to do so. The purpose of this authorization is to permit Medflo and Care Better to use and disclose your information for the purposes of creating, maintaining, populating, providing services and communications related to obtaining pricing information for certain medical procedures, either directly or through third parties. You understand that Medflo and Care Better may receive direct or indirect compensation in relation to such use and disclosure. You understand that either may contact you using the contact information provided for these purposes. You understand that this Authorization is voluntary. You may revoke this authorization by sending a request to email@example.com, except to the extent that action has been taken in reliance upon your authorization. You understand that information used or disclosed as a result of this authorization may be subject to re-disclosure by affiliates and may no longer be protected by applicable privacy laws. You understand that if you agree to this authorization by checking the related box, which you are not required to do, you can obtain a copy at any time by sending a request to firstname.lastname@example.org.
3. License; Authorized Users Subject to your compliance with these Terms, your registration of an account, and maintaining your ongoing status as a Permitted End User (defined below), Medflo and Care Better grant you a personal, nonexclusive, non-transferable, revocable right to access and use the ordinary features and functionalities of the Services for the purposes for which they are provided and designed. Use for any other purposes is strictly prohibited. You may use the Services outside the United States, but Medflo and Care Better will not be responsible in any way if your account, private information, or Services access are hacked, intercepted or otherwise compromised if you choose to do so. You may download, install and run the Portal on any web-enabled or web-connected device, whether by using a mobile app version or by visiting the Portal's web address in a browser. If you use a mobile app version, you agree to promptly install all Portal software updates that Medflo may issue, and we will have no responsibility for your failure to update your app. Your access to personalized features of the Services will be through a unified user account regardless of how you access the Portal; however, the Portal's appearance or functionality may vary from platform to platform and Medflo will have no responsibility for functionality variances between platforms. Medflo may change the functionality of the Portal in any way and at any time, including adding and removing features, changing the look and feel, changing the underlying platform, or making any other modifications (including ceasing to provide the Services altogether, see below). You acknowledge that all features of the Services may not work well or at all on any particular device or computer.
6. SUSPENSION; TERMINATION Care Better provides the Services solely for your convenience and solely in our discretion. Medflo reserves the right to change, suspend, remove, disable or terminate access to the Portal and/or Services at any time without notice, for any or no reason, and with no liability or responsibility to you. Medflo may also impose limits on the use of or access to the Services, in any case and without notice or liability. These Terms and your license to use the Services are effective until terminated by you or Medflo. You may terminate your agreement with these Terms and your obligations hereunder by ceasing all use of the Services and deleting the Portal from each of your devices. If you fail to comply at all times with these Terms, Medflo may terminate your license without any notice from Medflo, and your continued use after termination may expose you to legal liability, and Medflo may pursue its rights to the fullest extent permitted by law, including the pursuit of money damages or injunctive relief at our discretion. Upon any termination of the license, you shall cease all use of the Services and destroy all copies, full or partial, of the Services. SERVICES ARE PROVIDED “AS IS”, ALL WARRANTIES DISCLAIMED YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS COMPLETELY VOLUNTARY AND AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND DEFECTS, AND WITHOUT WARRANTY OF ANY KIND. MEDFLO MAKES NO, AND HEREBY DISCLAIMS ALL, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SUITABILITY, RELIABILITY, AVAILABILITY, UPTIME, TIMELINESS, ACCURACY, CURRENCY OR COMPLETENESS OF INFORMATION, ACCURACY OF GEOLOCATION DATA OR DRIVING DIRECTIONS, NETWORK CONNECTIVITY , COMPATIBILITY WITH YOUR DEVICE(S), UNINTERRUPTED OR ERROR-FREE PERFORMANCE, TIMELY TRANSMISSION OF INFORMATION OVER THE INTERNET, THAT FUNCTIONALITY OR FEATURES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR ABSENCE OF HARMFUL OR MALICIOUS VIRUSES, WORMS OR OTHER DESTRUCTIVE CODE. NO ORAL OR WRITTEN STATEMENTS MADE BY MEDFLO PERSONNEL CREATE ANY WARRANTY. Some jurisdictions do not allow the exclusion of certain implied warranties or limitations on applicable statutory rights of a consumer, so certain of the above exclusions and limitations may not apply to you.
7. LIMITATION OF LIABILITY IN NO EVENT WILL MEDFLO, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, STAFF, VOLUNTEERS, AGENTS, SUPPLIERS OR CONTRACTORS (“MEDFLO PARTIES”) BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR SIMILAR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ECONOMIC LOSSES, LOSS OR CORRUPTION OF DATA, LOSS OF USE OF YOUR DEVICE, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, PERSONAL INJURY, WRONGFUL DEATH OR OTHERWISE) AND EVEN IF MEDFLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. YOUR DAMAGES HEREUNDER SHALL BE ZERO DOLLARS ($0.00), EXCEPT IN JURISDICTIONS WHERE ALL LIABILITY CANNOT BE DISCLAIMED, IN WHICH CASE YOUR TOTAL DIRECT AND INDIRECT DAMAGES SHALL BE CAPPED AT AN AGGREGATE AMOUNT OF FIFTY DOLLARS ($50.00). The foregoing limitation and exclusion of liability shall be as broad and inclusive as is permitted by local law, if applicable. All other terms shall remain in full force and effect.
8. MISCELLANEOUS Governing Law These Terms and all disputes arising hereunder shall be governed by the laws of New York State without regard to conflict of law rules. Prior to initiating any formal legal action against Medflo, you must use all reasonable efforts to resolve your dispute with us in good faith. In our experience, almost all customer service disputes can be resolved to your satisfaction by our customer service team, reachable by emailing email@example.com or by calling (520) 873-9799. If your dispute cannot be resolved using our customer service team, our Terms and Conditions, describe how we shall proceed with the resolution of the dispute. PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. Updates and Amendments to These Terms Medflo may update these Terms in our discretion and from time to time. It is your responsibility to review these Terms fully and to continue using the Services only if you agree to these Terms. Without acknowledging any obligation to do so, Medflo may choose to notify you of changes to these Terms by notification, email, or any other method. Regardless of such notification, your continued use of the Services after each update constitutes your consent to all updates and amendments made to these Terms, and you must consent to all updates in order to continue using the Services. No Agency Neither these Terms nor the license granted herein creates any agency relationship between you and Medflo or any of its affiliates. You shall not take any action or make any statement that suggests, tends to indicate, or purports to be taken under agency from Medflo. You shall not conduct yourself with third parties in any way that misrepresents or exceeds your actual status or authority with or on behalf of Medflo (which may be none), whether you are a Member, covered entity, business associate, independent contractor, practitioner with admitting privileges, or otherwise. You shall also ensure that anyone acting on your behalf or under your direction or control, including without limitation your employees and professional staff, abide by these restrictions, and you shall be responsible with all conduct of such personnel. Assignment Medflo may freely assign these Terms to any of its affiliates or any other party, and any such assignment shall have no impact on your continued obligations hereunder. You may not assign or delegate any of your rights, duties or obligations under these Terms, and any attempt to do so shall be null and void. Injunctive and Other Remedies You acknowledge that any violation of these Terms could result in irreparable harm to Medflo or to the Members and Providers, the damages for which are incalculable. You agree that in the case of such a breach, Medflo shall have every remedy available at law, including immediate injunctive relief. Export Controls You may not use or otherwise export or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Services were obtained. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Services for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. U.S. Government Rights The Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 1 through 227.7202 4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to any U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to these Terms. Contact If you have questions or requests regarding these Terms, you may direct them to us by writing firstname.lastname@example.org or calling our corporate office at (520) 873-9799. These Terms may not be copied, modified or adapted without our prior written consent. By signing this Authorization or by checking the related box, I am authorizing the use and disclosure of all information as outlined above.