INSURANCETPA.COM TELEHEALTH ADMINISTRATION PROCESS TERMS AND CONDITIONS
I. Scope
InsuranceTPA.com is an online portal administrator that provides participant enrollment and administration (billing and fulfillment) for its telehealth provider partners (“Telehealth Administration”). The telehealth provider partners establish their own relationship with the participant to provide telehealth services (the “Telehealth Services”).
These terms and conditions (“Terms”) govern the InsuranceTPA.com Telehealth Administration process, any other webpage or online service offered by InsuranceTPA.com or any webpage or online service that links to these Terms. By accessing or using the Telehealth Administration process, you accept the Terms as posted in their most current version.
II. Medical Needs Disclaimer
The InsuranceTPA.com Telehealth enrollment website is an online portal that helps participants enroll in a telehealth program with an InsuranceTPA.com telehealth provider partner and processes related service fees. InsuranceTPA.com does not provide medical services. None of the content provided through the Telehealth Administration process is medical advice. InsuranceTPA.com, its affiliated companies, 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.
InsuranceTPA.com does not employ or represent any medical or health care provider. InsuranceTPA.com 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 INSURANCETPA.COM, ITS AFFILIATED COMPANIES, 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 TELEHEALTH SERVICES OR FOR ANY INFORMATION YOU RECEIVE THROUGH THE TELEHEALTH 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
The InsuranceTPA.com enrollment website is an online portal that helps participants enroll in a telehealth program. InsuranceTPA.com 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 Telehealth Services. All insurance claims must be processed directly with your insurance carrier. InsuranceTPA.com expressly disclaims all liability, responsibility, knowledge and obligation relating to any applicable insurance coverage.
IV. InsuranceTPA.com Telehealth Account Enrollment
You must establish an individual user account (“Account”) to enroll in the Telehealth 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 Telehealth Administration process, you agree to allow your information to be used consistent with our Privacy Policy.
VI. Prohibited Conduct
You may not use the Telehealth Administration process to take an action that would harm InsuranceTPA.com, its telehealth provider partners, its affiliated companies or a third party, interfere with the Telehealth 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 InsuranceTPA.com, exposes InsuranceTPA.com, its telehealth provider partners, , its affiliated companies or any other third party to liability, damages or other harm.
InsuranceTPA.com may suspend or terminate your access to and use of its online platform and systems and/or the Telehealth Administration process 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 InsuranceTPA.com (“Payment Method”), you expressly agree that InsuranceTPA.com and its payment processor are authorized to charge to the Payment Method any fees that you incur for your use of the Telehealth Services along with applicable tax. Per the Insurance Disclaimer in Section III of these Terms and Conditions, please note that InsuranceTPA.com 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 InsuranceTPA.com of any changes to your payment method. In the case of an ACH transaction that is rejected for insufficient funds, InsuranceTPA.com may process the charge again within 30 days or apply interest in the collection process as allowed by law. You understand that all fees related to use of the Telehealth Services may be changed at the discretion of InsuranceTPA.com and its telehealth provider partners at any time.
VIII. Intellectual Property
The Telehealth Administration process is protected under the copyright and trademark laws of the United States. All copyrights, patents, trademarks, designs and other intellectual property (the “Intellectual Property”) in the Telehealth Administration system is owned by InsuranceTPA.com 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 Intellectual Property without the written consent of InsuranceTPA.com.
All rights in the names, logos, service marks, trade dress, slogans, product design of the Telehealth Administration system, whether marked with the trademark symbol or not, belong exclusively to InsuranceTPA.com or its licensors and are protected from reproduction, imitation, dilution or misleading uses under national and international trademark and copyright law. The unauthorized use or misuse of these trademarks or any materials herein is expressly prohibited. No license is conferred by use of the Telehealth Administration system.
IX. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOUR USE OF THE TELEHEALTH ADMINISTRATION PROCESS AND/OR THE TELEHEALTH SERVICES IS AT YOUR OWN RISK. THE TELEHEALTH ADMINISTRATION PROCESS IS 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. INSURANCETPA.COM DOES NOT WARRANT THE ADEQUACY, CURRENCY, ACCURACY, RESULTS OR COMPLETENESS OF THE TELEHEALTH ADMINISTRATION PROCESS OR ANY THIRD PARTY SITES LINKED TO OR FROM THE INSURANCETPA.COM WEB PAGES, 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 TELEHEALTH ADMINISTRATION PROCESS OR ANY THIRD PARTY SITES LINKED TO OR FROM THE INSURANCETPA.COM WEB SITES.
IN NO EVENT WILL INSURANCETPA.COM, 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 TELEHEALTH ADMINISTRATION PROCESS OR TELEHEALTH SERVICES, ANY INTERRUPTION IN AVAILABILITY OF THE TELEHEALTH ADMINISTRATION PROCESS OR TELEHEALTH SERVICES, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, MISUSE, RELIANCE, REVIEW MANIPULATION OR OTHER UTILIZATION OF THE TELEHEALTH ADMINISTRATION PROCESS OR THE DATA COLLECTED THROUGH THE TELEHEALTH ADMINISTRATION PROCESS EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY 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 TELEHEALTH ADMINISTRATION PROCESS WILL BE TO STOP USING THE TELEHEALTH SERVICES. YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR CONNECTED WITH THE TELEHEALTH ADMINISTRATION PROCESS MUST BE BROUGHT WITHIN ONE YEAR OF YOUR DISCOVERY OF THE CLAIM. ANY CLAIM NOT BROUGHT WITHIN ONE YEAR OF DISCOVERY IS DEEMED WAIVED AND RELEASED.
YOU ACKNOWLEDGE AND AGREE THAT INSURANCETPA.COM IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT INSURANCETPA.COM IS NOT DETERMINING APPROPRIATE MEDICAL USE OF THE TELEHEALTH SERVICES. INSURANCETPA.COM, 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 INSURANCETPA.COM , ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS 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 TELEHEALTH ADMINISTRATION PROCESS AND/OR THE TELEHEALTH SERVICES AND ANY ALLEGED VIOLATION BY YOU OF THESE TERMS. INSURANCETPA.COM 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 Telehealth Administration Process is intended for use by residents of the United States. InsuranceTPA.com does not intentionally provide access to the Telehealth Services to individuals located outside of the United States. You agree that your access to and use of the Telehealth Administration Process 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 InsuranceTPA.com, 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 state circuit court.
XII. Miscellaneous
These Terms constitute the entire agreement between you and InsuranceTPA.com, 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 Telehealth Administration Process.
Any failure to enforce a provision of the Terms or respond to a violation does not waive the right of InsuranceTPA.com to subsequently enforce any of the Terms or respond to any violation.