MEMBERS TELEHEALTH END USER AGREEMENT

I. Scope

These terms and conditions (“Terms”) govern the use of Members TeleHealth services including the Members TeleHealth website https://www.nar.realtor/realtor-benefits-program/personal-insurance/members-telehealth, any other webpage or online service offered by Members TeleHealth or any webpage or online service that links to these Terms (the “Services”). By accessing or using the Services, you accept the Terms as posted in their most current version.

II. Medical Needs Disclaimer

Members TeleHealth is an online portal that enrolls members in a telehealth program. Members TeleHealth does not provide medical services. None of the content provided through the Services is medical advice. Members TeleHealth, its licensors, suppliers and related third parties do not endorse or recommend any tests, providers, medications, products or procedures for any reason. IF YOU HAVE AN EMERGENCY MEDICAL NEED, CALL 911 IMMEDIATELY.

Members TeleHealth does not employ or represent any medical or health care provider.  Members TeleHealth is not a third party agent for any medical or health care provider and does not make any representations or warranties about the training, skill or qualifications of any medical or health care provider or the services they provide.  You are responsible for choosing a telehealth medical or health care provider.  Your relationship with any medical or health care provider through telehealth or otherwise is your responsibility.

NEITHER MEMBERS TELEHEALTH, NOR ITS LICENSORS, SUPPLIERS OR ANY THIRD PARTIES WHO PROMOTE THE SERVICES OR PROVIDE YOU WITH A LINK TO THE SERVICES SHALL BE LIABLE FOR ANY PROFESSIONAL ADVICE YOU RECEIVE FROM A MEDICAL OR HEALTH CARE PROVIDER THROUGH THE SERVICES OR FOR ANY INFORMATION YOU RECEIVE THROUGH THE SERVICES.   YOUR RELIANCE ON ANY MEDICAL OR HEALTH CARE PROVIDER’S ADVICE OR INFORMATION IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL ASSOCIATED RISK.

III. Insurance Disclaimer

Members TeleHealth is an online portal that enrolls members in a telehealth program.  Members TeleHealth is not an insurance company, insurance third party administrator or insurance agent or facilitator.  You are completely responsible for any insurance coverage that may apply to your use of the Services.  All insurance claims must be processed directly with your insurance carrier.  Members TeleHealth expressly disclaims all liability, responsibility, knowledge and obligation relating to any applicable insurance coverage.

IV. Members TeleHealth Account Enrollment

You must establish an individual user account (“Account”) to use the Services.  You agree that you will provide true, accurate, current and complete information on the Account enrollment form.  You represent that you are at least 18 years old and that you are legally entitled to agree to these Terms on your own behalf and on behalf of any dependent or minor child listed on your enrollment form.

V. Privacy

By using the Services, you agree to allow your information to be used consistent with our Privacy Policy.

VI.  Prohibited Conduct

You may not use the Services to take an action that would harm Members TeleHealth or a third party, interfere with the Services or violate the law.  Prohibited conduct includes, but is not limited to:

A. Providing or transmitting inaccurate, dishonest, false, defamatory, obscene, predatory, harassing, threatening or otherwise unlawful information.

B. Providing or transmitting information that infringes or violates the intellectual property or privacy rights of others.

C. Engaging in spidering, scraping or harvesting of content or personal information or otherwise compiling information in an unauthorized manner.

D. Attempting to reverse engineer, disassemble, modify or create derivative works of the software that supports the Services.

E. Engage in any conduct that, in the sole judgment of Members TeleHealth, exposes Members TeleHealth, its affiliates or any other third party to liability, damages or other harm.

Members TeleHealth may suspend or terminate your access to and use of the Services at any time for any reason or no reason with or without notice.

VII. Payment Authorization

By providing a credit card or other payment method accepted by Members TeleHealth (“Payment Method”), you expressly agree that Members TeleHealth and its payment processor are authorized to charge to the Payment Method any fees for your use of the Services along with applicable tax.  Per the Insurance Disclaimer in Section III of these Terms and Conditions, please note that Members TeleHealth does not collect or process any co-pay, deductible or other insurance-related cost associated with your use of a telehealth provider.  You may be billed separately for costs associated with your insurance coverage.

You agree that authorization to charge your Payment Method remains in effect until you cancel it in writing.  You agree to notify Members TeleHealth of any changes to your payment method.  In the case of an ACH transaction that is rejected for insufficient funds, Members TeleHealth pay process the charge again within 30 days or apply interest in the collection process as allowed by law.  You understand that all fees for the Services may be changed at the discretion of Members TeleHealth at any time.

VIII. Intellectual Property

The services are protected under the copyright and trademark laws of the United States.  All copyrights in the Services are owned by Members TeleHealth or its licensors to the fullest extent permitted by law.  You may not reproduce, publish, distribute, display, perform, edit, modify or otherwise exploit any part of the Services without the written consent of Members TeleHealth.

All rights in the names, logos, service marks, trade dress, slogans, product design of the Services, whether marked with the trademark symbol or not, belong exclusively to Members TeleHealth or its licensors and are protected from reproduction, imitation, dilution or misleading uses under national and international trademark and copyright law.  The use or misuse of these trademarks or any materials herein is expressly prohibited.  No license is conferred by use of the Services.

IX. DISCLAIMER OF WARRANTIES; LIMITATION OF LIAIBILITY

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.  THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTIBILTY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.  MEMBERS TELEHEALTH DOES NOT WARRANT THE ADEQUACY, CURRENCY, ACCURACY, RESULTS OR COMPLETENESS OF THE SERVICES OR ANY THIRD PARTY SITES LINKED TO OR FROM THE SERVICES, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE.  WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE SERVICES OR ANY THIRD PARTY SITES LINKED TO OR FROM THE SERVICES.

IN NO EVENT WILL MEMBERS TELEHEALTH, ITS PARENT COMPANY, AFFILIATED COMPANIES, SUBSIDIARIES, LICENSORS, SUPPLIERS AND THEIR DIRECTORS, OWNERS, OFFICERS, AFFILIATES, SUBCONTRACTORS, EMPLOYEES AGENTS AND ASSIGNS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS OR ANY OTHER DAMAGES ARISING IN CONNECTION WITH THE USE OF THE SERVICES, ANY INTERRUPTION IN AVAILABILITY OF THE SERVICES, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, MISUSE, RELIANCE, REVIEW MANIPULATION OR OTHER UTILZATION OF THE SERVICES OR THE DATA COLLECTED THROUGH THE SERVICES EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGE OR LOSS AS LIMITED BY APPLICABLE LAW.

YOU HEREBY AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIM ARISING OUT OF OR CONNECTED WITH THE SERVICES WILL BE TO STOP USING THE SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT MEMBERS TELEHEALTH IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT MEMBERS TELEHEALTH IS NOT DETERMINING APPROPRIATE MEDICAL USE OF THE SERVICES.  MEMBERS TELEHEALTH, ITS LICENSORS, SUPPLIERS AND ALL THIRD PARTIES WHO PROMOTE THE SERVICES OR PROVIDE YOU WITH A LINK TO THE SERVICES EXPRESSLY DISCLAIM ANY AND ALL LIABILTY RESULTING FROM OR RELATED TO THE DELIVERY OF HEALTHCARE INCLUDING BUT NOT LIMITED TO LIABILITY FOR MEDICAL MALPRACTICE.

X. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD MEMBERS TELEHEALTH, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIER AND THEIR DIRECTORS, OWNERS, OFFICERS, AFFLIATES, SUBCONTRACTORS, EMPLOYEES, AGENTS AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COSTS, EXPENSES INCLUDING REASONABLE ATTORNEYS FEES AND EXPENSES, CLAIMS, DAMAGES, AND LIABILITIES RELATED TO OR ASSOCIATED WITH YOUR USE OF THE SERVICES AND ANY ALLEGED VIOLATION BY YOU OF THESE TERMS.  MEMBERS TELEHEALTH RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS PROVISION.  IN SUCH EVENT, YOU SHALL COOPERATE WITH ANY REASONABLE RELATED REQUEST.

XI. Choice of Law; Forum

The Services are intended for use by residents of the United States.  Members TeleHealth does not intentionally provide access to the services to individuals located outside of the United States.  You agree that your access to and use of the Services will be governed by and construed under the laws of the United States and the State of Wisconsin without regard to its law of the conflict of laws.  You agree that any dispute or claim against Members TeleHealth, its parent, affiliates, subsidiaries, licensors, suppliers or their directors, owners, officers, affiliates, subcontractors, employees agents and their assigns will be brought in the State of Wisconsin in its federal district courts or circuit court.

XII. Miscellaneous

These Terms constitute the entire agreement between you and Members TeleHealth, superseding any prior communications and proposals whether written, oral or electronic.  In the event any provision of these Terms is found to be unenforceable, it will not affect the enforceability or validity of the remaining provisions and will be reformed by a provision that most closely approximates the unenforceable provision.  No joint venture, partnership, employment or agency relationship is created by your use of the Services.

Any failure to enforce a provision of the Terms or respond to a violation does not waive the right of Members TeleHealth to subsequently enforce any of the Terms or respond to any violation.

Members TeleHealth Terms and Conditions

03 2020