Terms of Use

DEFINED TERMS

1. "Micro Health Plan" means Micro Health Plan Technologies, LLC., ("OMD"), on behalf of itself. We are also referring to Micro Health Plan when we say "we", "us" and "our". But when we say "Micro Health Plan Entities", we mean Micro Health Plan and its affiliates; its and their suppliers, vendors, contractors and licensors; and its and their directors, officers, employees, and agents.
2. "Micro Health Plan Service" means collectively any services offered through Micro Health Plan’s and Micro Health Plan Entities’ website(s), portal(s) or mobile application(s) ("App").
3. "Providers" means the healthcare professionals and professional entities that offer or schedule their services through the Micro Health Plan Service.
4. "you" or "your" means any user or patient (like you!) who is using the Micro Health Plan Service
5. A few other key terms used in these Terms of Use:
   • *"Content" means descriptions of Micro Health Plan Services, comments, messages, Feedback, reviews, suggestions, questions, submissions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials) that are made available by the Micro Health Plan Entities through, or in connection with, the Micro Health Plan Service;
   • *"Feedback" means ideas, concepts, feedback, and know-how that you make available in connection with the Micro Health Plan Services; and "make available" means make available in any way, which includes to post, transmit, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the Micro Health Plan Services administrated by third-parties).
     
     

YOUR ACKNOWLEDGMENT

As a condition to using or accessing the Micro Health Plan Service, you hereby agree and acknowledge that:

• You have fully read and understood these Terms of Use
• These Terms of Use are in addition to any other agreement that you have entered into or may enter into with a Provider regarding a treatment relationship;
• Agreeing to these Terms of Use or using the Micro Health Plan Service does not guarantee your eligibility to receive treatment from a Provider and does not obligate any Provider to provide any service to you. General guidelines about eligibility for medical treatment may be provided through the Micro Health Plan Service, but Providers reserve the right, at their sole discretion, to determine whether and to what extent you are eligible to receive any services offered by such Provider. If, in the discretion of a Provider, you are ineligible to receive treatment, the Provider may (but has no obligation to) refer you to a different healthcare provider
• The Micro Health Plan Service may not be reimbursable by Medicare, Medicaid, Tricare, other government health care program, commercial insurers, managed care organizations, preferred provider organizations, or other payors. You will not seek reimbursement from any such payors for the cost of use of the Micro Health Plan Service where prohibited or otherwise not permitted by such payors; and
• If you are seeking services on behalf of a child, dependent, or other person for whose medical care you are responsible, your acceptance of these Terms of Use will bind that other person to these terms and conditions.
  
  

CONDITIONS FOR USE

As a condition to using or accessing the Micro Health Plan Service, you represent and warrant that:

• You have the legal power and authority to agree to these Terms of Use, you are at least 15 years of age or you are accompanied by a parent or guardian who can give informed consent on your behalf, and have neither falsely identified yourself nor provided any false information to gain access to the Micro Health Plan Service;
• You: (i) are the patient, meaning you are the person receiving the healthcare services obtained or accessed through the Micro Health Plan Service ("Patient"), or (ii) are the Patient’s legal representative.
• If you are not the Patient
  • You have all necessary consents and permissions required by law to (x) view any Patient information that you may access using the Micro Health Plan Service, and (y) undertake any necessary actions with respect to the Patient using the Micro Health Plan Service; and
  • You will maintain the confidentiality and privacy of any information that you view or access in any manner through the Micro Health Plan Service on behalf of such Patient; and
• You are physically located in the state in which you are requesting the Micro Health Plan Service.

Additionally, you agree to:

• Abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Micro Health Plan Service, including those related to data privacy, international communications, the transmission of technical or personal data and any applicable U.S. export control laws;
• Maintain the confidentiality and security of your account including the security of your username, password, and any PIN or other unique identifiers;
• Notify Micro Health Plan immediately of any unauthorized use of any password or account or any other known or suspected breach of security;
• Report to Micro Health Plan immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or users who access the service on your behalf;
• Keep confidential and use commercially reasonable efforts to prevent unauthorized disclosure or use of the Content or the Micro Health Plan Service; and access and use the Micro Health Plan Service only with information that you own or legally possess, and have the right to use in connection with the Micro Health Plan Service.

Finally, you understand that there are a few important steps that must be completed before you become a Patient of the Micro Health Plan Service, which include the following (not necessarily in this order):

• You must complete all requested registration, intake and on-boarding information and processes associated with the Micro Health Plan Service in a comprehensive and accurate manner;
• You must pay for the Micro Health Plan Service if payment is required; and
• You must request and show up for the telehealth visit with the Provider.

If you do not complete the steps set forth above, you understand that we cannot onboard you as a patient and you will not have any of the protections or rights set forth in these Terms of Use or any other rights typically afforded to patients under the law. Put another way, if you do not complete the actions described above, Providers will not have a responsibility to provide any care to you, as a valid patient-provider relationship will not have been formed.

DATA PRIVACY AND SECURITY

Our "Notice of Privacy Practices" describes how your information may be used and disclosed and how you can get access to such information. Micro Health Plan reserves the right to modify its Notice of Privacy Practices from time to time.

If you have any questions about Micro Health Plan’s Notice of Privacy Practices please contact our HIPAA Compliance Officer at the address identified in the Notice of Privacy Practices.

Please remember that, as detailed in these Terms of Use, you are responsible for maintaining the confidentiality and security of your Micro Health Plan Service account information and any health information that you submit through Micro Health Plan services. Micro Health Plan is not responsible for any losses or claims resulting from any unauthorized use of your Micro Health Plan Service account or if you lose, or share, your account access.

USE AND DISCLOSURE OF PERSONAL INFORMATION

Micro Health Plan may use your personal contact information to send you information about Micro Health Plan and its services that may be of interest to you. You may opt out of receiving any, or all, of these communications from Micro Health Plan by following the unsubscribe link or instructions provided in any communication Micro Health Plan sends. Micro Health Plan will only use protected health information in accordance with the Walmart Inc. Notice of Privacy Practices. You understand and acknowledge that, because the Micro Health Plan Service is a hosted online application, Micro Health Plan occasionally may need to notify all users (whether or not they have opted out of email communications) of important announcements regarding the operation of the Micro Health Plan Service, including temporary disruptions of the Micro Health Plan Service.

INTELLECTUAL PROPERTY; ACCESS GRANT; RESTRICTIONS

The Micro Health Plan Entities shall continue to own and retain all right, title, and interest, including all related copyrights, trademarks, trade dress, and other intellectual property rights, in and to Micro Health Plan’s technology, the Micro Health Plan Service and any Content.

Access Grant

Micro Health Plan hereby grants you a non-exclusive, non-transferable, worldwide right to use the Micro Health Plan Service, solely for your own purposes, subject to these Terms of Use. All rights not expressly granted to you are reserved by Micro Health Plan and its licensors. All Micro Health Plan names, logos, graphics, page headers, button icons, scripts, and product or service names included in or made available through any of the Micro Health Plan Service are trademarks or trade-dress of Micro Health Plan, and no right or license is granted to use them. You must (a) retain all copyright, trademark, or other proprietary designations contained on all Content you obtain from the Micro Health Plan Service; (b) not modify or alter such Content in any way; and (c) not provide or make available such Content to any third-party in a commercial manner.

If you provide any Feedback to Micro Health Plan in connection with the Micro Health Plan Service, you hereby grant to Micro Health Plan a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Feedback, in any format or media now known or hereafter developed, and for any purpose. You acknowledge and agree that Feedback is not confidential, and that Micro Health Plan is free to use any Feedback for any purpose.

Restrictions on Use

You may not access the Micro Health Plan Service for competitive commercial purposes, except with Micro Health Plan’s prior written consent. In addition, you may not access the Micro Health Plan Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking purposes. 4 Additionally, you may not (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit or make available to any third-party the Micro Health Plan Service or its Content in any way; (ii) modify or make derivative works based upon the Micro Health Plan Service or its Content; (iii) publicly display visual output of the Micro Health Plan Service; (iv) transmit the Micro Health Plan Service over a network, by telephone, or electronically using any means; (v) create Internet "links" to the Micro Health Plan Service where prohibited or "frame" or "mirror" any of its content on any other server or wireless or internet-based device; (vi) reverse engineer or access the Micro Health Plan Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions, or graphics of the Micro Health Plan Service, or (c) copy any ideas, features, functions, or graphics of the Micro Health Plan Service; (vii) send or transmit spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (viii) send, transmit, or post a message or any information under a false name; (ix) send, transmit, post, or store infringing, obscene, threatening, libelous, defamatory, fraudulent, false, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights or the ownership or intellectual property rights of another person; (x) send, transmit, or store material containing software viruses, worms, trojan horses, or other harmful computer codes, files, scripts, agents, or programs; (xi) interfere with or disrupt the integrity or performance of the Micro Health Plan Service or the data contained therein; (xii) attempt to gain unauthorized access to the Micro Health Plan Service or its related systems or networks; or (xiii) otherwise use the Micro Health Plan Service in a way that could cause damage or adversely affect the Micro Health Plan Service, any other customers of Micro Health Plan or Micro Health Plan’s reputation, networks, property, or services.

MOBILE APPLICATION

If you are accessing the Micro Health Plan Service through the App, you acknowledge and understand that certain permissions may be required on your mobile device, including the permission to access: (i) "location services" that allows the App to get your precise or approximate location; (ii) "camera" that allows the App to take pictures; (iii) "read phone status and identity" that allows the App to access the phone features of the device to determine the phone number and device IDs, whether a call is active, and the remote number connected by a call; (iv) "view network connections" that allows the App to view information about network connections such as which networks exist and are connected; (v) "full network access" that allows the App to create network sockets and use custom network protocols; (vi) "read Google service configuration" that allows the App to read Google service configuration data, if applicable; and (vii) "prevent device from sleeping" that allows the App to prevent the device from going to sleep. Some of these permissions may consume additional battery power or incur additional data usage or charges. If you do not grant the App the permissions listed in (i) through (vii), then the App will not function effectively and Micro Health Plan is not responsible for the App’s reduced performance.

CHARGES AND PAYMENT OF FEES

You shall pay all fees or charges to Micro Health Plan in accordance with the fees, charges, and billing terms then in effect, except any fees or charges that another party (e.g., your employer or health plan) has contractually agreed to pay on your behalf. Payments may be made on a per-visit basis, annually, monthly, or quarterly. All payment obligations are non-cancelable and all amounts paid are nonrefundable. All pricing terms are confidential, and you agree not to disclose them to any third-party. You understand and agree that for services provided on an appointment basis, if you fail to properly cancel a scheduled appointment at least 24 hours in advance of the appointment or if you are late to an appointment causing you to miss more than 40% of the allotted time for the appointment, you may be responsible for a missed appointment fee up to the greater of Micro Health Plan’s then-current visit fee rate for the service type or the fees your insurer or other payor would have otherwise paid for the scheduled services had they taken place.

BILLING PROCESS

Micro Health Plan charges and collects fees in advance for your use of the Micro Health Plan Service. Unless otherwise mutually agreed upon, Micro Health Plan will automatically renew and bill your credit card or issue an invoice to you for your current subscription amount (where applicable); except for any fees that another party has contractually agreed to pay on your behalf, for which Micro Health Plan will issue an invoice to or charge such other party. Fees for other services will be charged on an as-quoted basis. Micro Health Plan’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties levied in connection with the Micro Health Plan Services. 5 If Micro Health Plan has incorrect billing contact information for you or if you (or a third-party obligated to pay on your behalf) fail to pay any applicable fees or charges, Micro Health Plan reserves the right to terminate or suspend your access to the Micro Health Plan Service. You will continue to be charged for your subscription during any period of suspension. In addition to any other remedies available to us, delinquent invoices are subject to an interest charge of 1.5% per month on any outstanding balance, or the maximum interest permitted by law, whichever is less, plus all collection expenses. If you believe your bill is incorrect, you must immediately contact Micro Health Plan in writing regarding the amount in question. You irrevocably waive your right to challenge the accuracy of any bill, or otherwise receive an adjustment or credit to any bill, if you fail to notify Micro Health Plan in writing within 15 calendar days of receiving a bill that you believe to be inaccurate, along with a description of what you believe to be inaccurate. Micro Health Plan may use a third-party payment processor (the "Payment Processor") in which case your use of the Micro Health Plan Service will also be subject to the terms, conditions, and privacy policies of the Payment Processor. Micro Health Plan is not responsible for any damages arising out of any errors or omissions by the Payment Processor or by your credit card issuer.

TERMINATIONS AND UPDATES

Any breach of your payment obligations or those of another party contractually obligated to pay on your, or any use of the Micro Health Plan Service that is not in compliance with these Terms of Use, will be deemed a material breach for which we, in our sole discretion, may immediately terminate your password, account, or use of the Micro Health Plan Service. Additionally, Micro Health Plan may terminate a free account at any time in its sole discretion. Except as otherwise provided by law, at any time without prior notice to you, Micro Health Plan may also at its sole discretion (i) change, restrict access to, suspend, or discontinue the Micro Health Plan Service or any portion of the Micro Health Plan Service, or (ii) charge, modify, or waive any fees required to use any services, functionality or other Content available through the Micro Health Plan Service or any portion of it If your account is terminated for any reason, you will be obligated to pay the balance due on your account and you agree that Micro Health Plan may bill you for any unpaid fees or charges, unless another party has contractually agreed to pay such amounts on your behalf. Micro Health Plan reserves the right to impose a reconnection fee in the event your account is suspended and thereafter you request to restore access to the Micro Health Plan Service.

UPDATES TO TERMS OF USE

Micro Health Plan may update these Terms of Use at any time. Micro Health Plan is not obligated to provide prior notice of any such updates to you. Micro Health Plan may notify you of the updated Terms of Use by any reasonable means including by posting the revised Terms of Use at microhealthplan.com/terms. The updated Terms of Use will apply to your use or access of Micro Health Plan Services after the date on which Micro Health Plan posts the revised Terms of Use or otherwise notifies you of the changes. By continuing to use or access the Micro Health Plan Services after Micro Health Plan posts any changes, you accept the updated Terms of Use. The "Last Updated" legend below indicates the date on which these Terms of Use were last updated.

DISCLAIMER OF WARRANTIES AND ASSUMPTION OF RISK – FUNCTIONALITY

USE OF THE Micro Health Plan SERVICE OR ANY PORTION OF THE Micro Health Plan SERVICE IS STRICTLY AT YOUR SOLE RISK. The Micro Health Plan SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND YOU HEREBY RELEASE THE Micro Health Plan ENTITIES FROM ALL CLAIMS WHICH MAY RESULT FROM YOUR USE OF THE Micro Health Plan SERVICE OR ANY PORTION OF THE Micro Health Plan SERVICE, OR THE NEGLIGENCE OF THE Micro Health Plan ENTITIES (OTHER THAN ANY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT).

YOU UNDERSTAND AND ACKNOWLEDGE THAT:

1. THE MICROHEALTHPLAN ENTITIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE Micro Health Plan SERVICE OR ITS CONTENT.
2. THE MICROHEALTHPLAN ENTITIES ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.
3. THE MICROHEALTHPLAN ENTITIES DO NOT REPRESENT OR WARRANT THAT:
   1. THE USE OF OR SUBSCRIPTION TO THE MICROHEALTHPLAN SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA;
   2. THE MICROHEALTHPLAN SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
   3. ANY STORED DATA WILL BE ACCURATE OR RELIABLE;
   4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER CONTENT PURCHASED OR ACCESSED BY YOU THROUGH THE MICROHEALTHPLAN SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
   5. ERRORS OR DEFECTS WILL BE CORRECTED; OR
   6. THE MICROHEALTHPLAN SERVICE OR THE SERVER(S) THAT MAKE THE MICROHEALTHPLAN SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
4. THE Micro Health Plan ENTITIES DO NOT AUTHORIZE ANY THIRD PARTY TO MAKE ANY OF THE FOREGOING REPRESENTATIONS OR WARRANTIES ON THEIR BEHALF.
5. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MICROHEALTHPLAN ENTITIES HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
   

   YOU UNDERSTAND THAT BY AGREEING TO THIS CLAUSE, YOU ARE RELEASING CLAIMS AND GIVING UP SUBSTANTIAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN CERTAIN INSTANCES.

DISCLAIMERS OF WARRANTIES AND ASSUMPTION OF RISK – HEALTHCARE SERVICES

1. The healthcare services (including, as applicable, mental or behavioral health services) that you use or access through the Micro Health Plan Service are provided by Providers, not the Micro Health Plan, Technologies, LLC., and they’re provided at each Provider’s sole discretion and medical judgment. Micro Health Plan Technologies, LLC. is not a healthcare provider or insurance provider, and does not engage in the practice of medicine. Their role is limited to making the Micro Health Plan Service available to you, which simply provides a system to facilitate communication with the Providers using Micro Health Plan’s owned or licensed health information database and software.
2. While the Micro Health Plan Entities may make certain Content available to you related to the healthcare services that you use or access using the Micro Health Plan Service, you should discuss the Content with your Provider or other licensed healthcare professional and confirm any facts that are important to your situation or decision. CONTENT IS NOT INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A PROVIDER, AND IT DOES NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE OR EFFECTIVE FOR YOU. CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR PROVIDER FOR GUIDANCE BEFORE USING ANY PRESCRIPTION OR OVER-THE-COUNTER DRUG.
   
   THE Micro Health Plan ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT OR Micro Health Plan SERVICE.
3. While the Micro Health Plan uses standard procedures designed to verify the state and national (NPI, DEA) licensing status for all Providers who have entered into a contract with Micro Health Plan, some other Providers whose services may be offered to you as part of a subscription or bundled services package by your employer, health plan, physician, using the Micro Health Plan Service may not have entered into a contract with Micro Health Plan and you are responsible for verifying the state and national (NPI, DEA) licensing status for all such Providers.
4. Micro Health Plan further disclaims all liability (including any liability for a refund) for the failure of a noncontracted provider to render care to you or otherwise fulfill the terms of service of your subscription 7 or bundled services package. A non-contracted provider is a provider not directly credentialed and contracted by Micro Health Plan but whose services may be offered to you as part of a subscription or bundled services package by your employer, health plan, physician, or using the Micro Health Plan Service. Micro Health Plan is not responsible for providing you additional services purchased via a subscription or bundled services package.
5. The Micro Health Plan Service is not a replacement for your primary care physician or annual office check-ups, nor is it a replacement for other treating providers (except in the context of the "Virtual Primary Care" service line where the Provider has explicitly agreed to assume that role). Consultations through the Micro Health Plan Service treat the majority of common medical and behavioral health conditions, however some cases require an in-person visit for complete care. With respect to psychotherapy and counseling, you understand that information discussed in any sessions is for therapeutic purposes only and is not intended for use in any legal proceedings involving any other individuals participating in any sessions. You agree not to subpoena any Provider to testify for or against individuals (including you) participating in the sessions or to provide records in court actions against other individuals participating in any sessions. You understand that anything any individual participating in any session tells a Provider individually, whether on the phone or otherwise, may at the Provider’s discretion be shared with any other individual participating in the sessions.
6. The Micro Health Plan Service provides access to a national pharmacy network and home-delivery services offering certain pharmacy-related products and services, which include, but are not limited to, retail and home-delivery prescriptions, over-the-counter, and diabetes meds/supplies. This pharmacy network is not an insurance product, nor is it a Medicare prescription drug plan, and you are required to pay the entire cost of any prescription to the pharmacy at the point of sale.
   Providers using the Micro Health Plan Service do not, via the Micro Health Plan Service, prescribe elective medications (except through the "Elevate" and "Optimize" service lines or the "Virtual Primary Care" service line when deemed by the Provider to be medically necessary), anticonvulsants (except through the "Virtual Primary Care" service line when deemed by the Provider to be medically necessary), narcotic pain relievers, or drugs listed as controlled substances by the U.S. Drug Enforcement Agency or regulated under state law. Review the DEA Controlled Substances Schedule (http://www.deadiversion.usdoj.gov/schedules/index.html) if you are interested in a particular prescription and are uncertain if it is listed as a controlled substance. Micro Health Plan does not guarantee that a specific medication will be prescribed by a Provider if requested, particularly where prescribing of the medication is in violation of Micro Health Plan’s treatment policies or not medically appropriate, as determined by the Provider, in the Provider’s sole discretion. Our behavioral health Providers will not prescribe you medication until they conduct a mental health assessment (also sometimes called an intake or initial assessment) for you. You will not be prescribed more than a 90-day supply of medication at one time by a behavioral health Provider, and may not receive a refill of the medication unless you first complete a medication management visit with the behavioral health Provider. Our Providers in the "Urgent Care" service line generally do not prescribe more than a 90-day refill within a 6-month period. Our Providers in the "Virtual Primary Care" service line may be able to prescribe you up to a 1-year supply of medically necessary maintenance medications as long as you are compliant with their recommended treatment plan. You agree that any prescription obtained from a Provider in connection with your use of the Micro Health Plan Service will only be for its intended use. Refunds for completed visits are not provided solely on the basis of Providers not prescribing a medication.
7. The Micro Health Plan Service does not meet the minimum essential coverage (MEC) requirements imposed by the Patient Protection and Affordable Care Act ("PPACA") or any minimum creditable coverage (MCC) requirements imposed by any state laws. The Micro Health Plan Service is not a "Qualified Health Plan" under the PPACA.
8. The Micro Health Plan Service is not insurance and is not intended to replace health insurance; it is a telemedicine service available on a per-visit or membership basis. The offering of products and services by Micro Health Plan is not to be construed as the sale of insurance product(s) or otherwise engaging in the transaction of insurance. Micro Health Plan expressly reserves the right, in order to comply with state insurance laws, to (i) limit 8 the number of visits offered in connection with any bundled services and subscription packages and/or (ii) charge a visit fee, both in an amount determined by Micro Health Plan in its sole discretion.
9. You authorize Micro Health Plan to use and publish any comments you choose to share about the Micro Health Plan Service, such as comments shared in the Micro Health Plan "Patient Satisfaction Survey" or via third-party service providers contracted for such purposes, unless specified otherwise. Micro Health Plan will not publish any part of your name and will with the comments and will only identify the state of requested service.
10. Micro Health Plan does not warrant or validate any information provided by a third party (including, but not limited to, your employer, health plan, or the Providers) even if the information is about the Micro Health Plan Service, whether through advertisements, promotions, communications, or other materials, and does not assume any responsibility or liability for the accuracy of such information.
11. Micro Health Plan has the right to refuse access to the Micro Health Plan Service to any person, agency, or organization, at any time, for any reason, or for no reason at all.
    
    

LIMITATION ON LIABILITY

1. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL ANY OF THE Micro Health Plan ENTITIES BE LIABLE:
   1. IN ANY WAY FOR CLAIMS ARISING FROM YOUR USE OF, OR SUBSCRIPTION TO, THE Micro Health Plan SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS IN ANY CONTENT, INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR SUBSCRIPTION TO THE Micro Health Plan SERVICE; OR
   2. FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER, FILE CORRUPTION, WORK STOPPAGE, OR LOSS OF SECURITY OF MATERIALS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES) ARISING FROM OR IN CONNECTION WITH THE Micro Health Plan SERVICE, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE, OR OTHERWISE RESULTING FROM YOUR USE OF THE Micro Health Plan SERVICE.
2. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF THE Micro Health Plan ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LOWER OF (I) $100.00 OR (II) THE AMOUNT YOU PAID TO Micro Health Plan IN THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE

YOU UNDERSTAND THAT BY AGREEING TO THIS CLAUSE, YOU ARE RELEASING CLAIMS AND GIVING UP SUBSTANTIAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN CERTAIN INSTANCES.

INDEMNIFICATION

You agree to indemnify, defend, and hold the Micro Health Plan Entities, and all Providers whose information is provided through the Micro Health Plan Service, and their respective employees, subcontractors, agents, vendors, suppliers, and licensors harmless from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, suits, fees (including attorneys’ fees and expert fees), and costs of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use of and subscription to the Micro Health Plan Service (including your submission of any information to Micro Health Plan or the Providers in connection with the Micro Health Plan Service); (ii) your violation of these Terms of Use or any policy set forth in these Terms of Use; and (iii) your violation of any applicable laws and regulations or rights of any third party.

NOTICE

Except as these Terms of Use specifically provide otherwise, you must provide Micro Health Plan notice by calling or writing Micro Health Plan at its registered address. Micro Health Plan may provide you notice through sending a mail to your last known address, to any fax number or e-mail address you have provided Micro Health Plan, by calling you on any phone number you have provided Micro Health Plan, by voice message on any phone number you have provided Micro Health Plan, or by text message to any phone number you have provided Micro Health Plan that accepts text messages. You hereby expressly authorize, and specifically consent to allowing, Micro Health Plan and any of Micro Health Plan’s agents to contact you in connection with any and all matters relating to unpaid past due fees or charges you may owe Micro Health Plan. You agree that, for attempts to collect unpaid past due fees or charges, Micro Health Plan and any of its agents may contact you at any mailing address, telephone number, cellular phone number, email address, or any other electronic address that you have provided, or may in the future provide, to Micro Health Plan. You agree and acknowledge that any e-mail address or any other electronic address that you provide to Micro Health Plan is your private address and is not accessible to unauthorized third parties. For attempts to collect unpaid fees or charges, you agree that in addition to individual persons attempting to communicate directly with you, any type of contact described above may be made using, among other methods, pre-recorded or artificial voice messages delivered by an automatic telephone dialing system, pre-set email messages delivered by an automatic e-mailing system, or any other pre-set electronic messages delivered by any other automatic electronic messaging system.

ASSIGNMENT; CHANGE IN CONTROL

Your obligations and rights under these Terms of Use may not be assigned by you without the prior written approval of Micro Health Plan. Micro Health Plan may transfer its rights and obligation to an affiliate or third-party without prior notice to you or your consent. Any purported assignment made in violation of this section shall be void.

DISPUTE RESOLUTION; ARBITRATION; GOVERNING LAW

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Micro Health Plan both agree to provide a written notice of any disputes to the other party at its notice address and try to resolve any such disputes in good faith thereafter. If the dispute is not resolved, within 60 days of a party providing notice to the other party, both parties agree that the unless the dispute qualifies for a small claims court it will be resolved through individual, non-representative, binding arbitration or small claims court, instead of a proceeding in courts of general jurisdiction. In an arbitration proceeding, there is no judge or jury. Disputes are instead decided by a neutral third-party arbitrator and is administered by Judicial Arbitration Mediation Services, Inc. ("JAMS") pursuant to the JAMS Streamlined Arbitration Rules & Procedures and as modified by this agreement to arbitrate. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by Micro Health Plan that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. In arbitration, there is limited discovery and the arbitrator’s decision is subject to limited review by courts. The arbitrator’s decision will follow the terms and conditions of these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court with appropriate jurisdiction. Each party is responsible for its respective costs, including costs related to its respective attorneys, experts, and witnesses. These Terms of Use will be governed by and construed under the laws of State of Arkansas, without regard to its conflicts of law principles.

OTHER IMPORTANT TERMS

IF FOR ANY REASON A CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF OR ACCESS OR SUBSCRIPTION TO THE Micro Health Plan SERVICE OR THESE TERMS OF USE IN ANY WAY PROCEEDS IN COURT RATHER THAN IN ARBITRATION, REGARDLESS OF WHETHER THE CLAIM IS AN ACTION, COUNTERCLAIM, OR ANY OTHER COURT PROCEEDING, BOTH PARTIES AGREE THAT TO THE EXTENT ALLOWED BY LAW, THERE WILL NOT BE A JURY TRIAL OR CLASS ACTION AND WE EACH UNCONDITIONALLY (1) WAIVE ANY RIGHT TO TRIAL BY JURY AND (2) WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS-WIDE BASIS, INCLUDING JOINING A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERTING A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY OTHER PROCEEDING.

OTHER IMPORTANT TERMS

If either of us waives or doesn’t enforce a requirement under these Terms of Use, we don’t waive our right to later enforce that requirement. If any part of these Terms of Use is held invalid or unenforceable, the rest of this Terms of Use remains in full force and effect. There are no third-party beneficiaries to these Terms of Use, except Micro Health Plan’s subsidiaries, affiliates, parent companies, employees, subcontractors, agents, vendors, suppliers, licensors, and predecessors and successors in interest. These Terms of Use and any associated documents make up the entire agreement between us and replaces all prior written or spoken agreements - you can’t rely on any contradictory documents or statements by Micro Health Plan’s sales or service representatives or the Providers. The rights, obligations, and commitments in these Terms of Use that, by their nature, would logically continue beyond the termination of your use of or access or subscription to the Micro Health Plan Service (including, without limitation, Sections 4, 5, 6, 14, 15, 18, 19 and 20 ) survive termination of your use of and access and subscription to the Micro Health Plan Service and these Terms of Use.

ELECTRONIC SIGNATURE

I have read and understand these Terms of Use. I agree to comply with them, on my behalf and on behalf of any other person for whom I am or may in the future be seeking medical care including, but not limited to, mental or behavioral health services. I understand and agree that if I fail to comply with these Terms of Use, I may be prohibited from using the Micro Health Plan Service, and I will hold Micro Health Plan harmless from any liability arising from my failure to comply. I hereby certify that I possess the legal right and ability to these Terms of Use under the name in which I have registered to use the Micro Health Plan Service. I further certify that I am physically present in the state that I have designated at the time that I am accessing the Micro Health Plan Service. I understand and acknowledge that my ability to access the Micro Health Plan Service is conditional upon my compliance with these Terms of Use at the time that I access the Micro Health Plan Service, and that the Providers are relying upon this certification in order to interact with and facilitate health care services to me.