Terms of
Use.

The Site works as a personal concierge for members of participating health plans, but does not provide any medical services or advice, including but not limited to emergency or urgent medical services. The information on this Site is for general education purposes and is not intended to constitute medical advice. Any content on the Site or other sites linked to from the Site, is never a substitute for professional medical advice.

PLEASE IMMEDIATELY CALL 911 OR YOUR HEALTHCARE PROVIDER IF YOU BELIEVE THAT YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR IF YOU ARE EXPERIENCING HEALTH CHANGES THAT ARE WORRISOME TO YOU.

Sympl reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site, following the posting of changes, will mean that you accept and agree to all changes. As long as you comply with these Terms of Use, Sympl grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Sympl reserves the right to change or discontinue the Site with or without notice, including without limitation, removing features or functionality. Sympl reserves the right to charge fees for use of the Site. Sympl reserves the right to exclude or terminate access from any individual or user in its sole discretion.

Please address technical questions or comments about the Site to help@symplbenefits.com.

For all other communications, please contact Sympl at (844) 447-9675.

Sympl’s Privacy Policy applies to use of the Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site, or response from the Site to a request may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

To the extent that the Site allows you to share your information publicly, Sympl shall not have any responsibility for the actions of other users in relation to your information, if you choose to share it. Please consider carefully what you choose to share or make public.

References on the Site to any specific commercial products, brand names, processes, or services, or the use of any trade, firm, or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by Sympl, or its officers, employees or agents nor does such reference constitute an endorsement of Sympl or any of the foregoing.

Sympl respects the intellectual property of others and expects its users to do the same. Sympl will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to Sympl. Any such notices should be reported by calling 844.447.9675.

You acknowledge and agree that Sympl or third parties granting rights to Sympl (including other users of the Site), hold title to any and all materials on the Site, the underlying software of the Site, and related technology, including all intellectual property rights therein. All content including text, graphics, user interfaces, visual interfaces, photographs, trademarks, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned by, controlled by, or licensed by Sympl, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You do not acquire or have any ownership, license, or other proprietary interest in the Site, Content, or any information contained on or provided by the Site. All rights not expressly granted in the Terms of Use are reserved by Sympl.

Sympl authorizes you to view and use the Site solely for your personal informational and noncommercial use, and downloading is limited to one electronic or hard copy of limited portions, or under a separate agreement with Simpl. If you download or print any pages or Content, you must (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Except as expressly provided in these Terms of Use, no part of the Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without express prior written consent from Sympl.

You will not frame or use framing techniques to enclose any portion of this Site or the Content without the express prior written consent of Sympl. You will not use meta tags or any other hidden text using the Sympl name or trademarks and service marks without the express prior written consent of Sympl.

No commercial use of the information on or under the Site is licensed or permitted. The use of automated systems (robots, spiders, or any other data-mining or similar data-gathering and extraction tools) to access, acquire, or download information on the Site is expressly prohibited where such systems are employed in connection with commercial objectives (other than indexing for search engines), or in a fashion that directly or indirectly violates any privacy interests. You will not in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site. Sympl reserves the right to bar any such activity.

The words “Sympl Benefits”, and the Sympl logos, and the products and services described in the Site are either trademarks, trade names, or service marks of Sympl and its licensors, or are the property of their respective owners. These marks may not be copied, imitated, or used, in whole or in part, without the express prior written permission of Sympl or their respective owners, and then only with the proper acknowledgments. In addition, page headers, custom graphics, button icons, and scripts may be service marks, trademarks, or trade dress of Sympl, and may not be copied, imitated, or used, in whole or in part, without the express prior written permission of Sympl.

You will not reverse engineer or attempt to derive the source code of the Site. You will not send automated queries to the Site without the prior written approval of us or attempt to understand how the Site ranks results. You will not use the Site to sell a product or service or to advertise or direct activity to other websites. You will not decompile, reverse engineer or otherwise manipulate or work with the software or software architecture of the Site. You will not use any robot, or any other automatic device and you will not use any manual process to monitor or to copy any information in the Site for any unauthorized purpose. You will not use any automatic device, software, or other routine to interfere with or attempt to interfere with the functioning of the Site. You will not interfere with the operation of the Site or any other party’s use of the Site.

You will not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Sympl server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You will not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You will not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, or any other customer of Sympl, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Sympl’s systems or networks, or any systems or networks connected to the Site or to Sympl. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Sympl on or through the Site or any service offered on or through the Site. You will not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You will not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Sympl or others. You will not transmit, install, upload, post or otherwise transfer any information in violation of the laws, rules, or regulations of the United States, applicable state, or any other country in which you reside.

You do not need to register or create an account on the Site in order to use the Site. You must provide complete, accurate, and truthful information when submitting. You are responsible for maintaining the confidentiality of your submission. Should you suspect that any unauthorized party may be using your personal identifying information, or you suspect any other breach of security, you will contact Sympl immediately at 844.447.9675. Sympl may terminate or suspend your access if found in violation of this Terms of Use or if Sympl reasonably believes your use of your account or the Site could cause us to incur cost, damage, expense, or liability of any kind. You will not use anyone else’s personal identifying information, or account at any time. Sympl cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Site.
• Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

The Site is not intended for or directed at children under the age of 18, and you will not register with the Site or use the Site if you are under the age of 18.

You acknowledge that by using the Site, you will be presented with search results that direct you to third party content. Some, if not all, of the content and information you may access through the Site’s search results is owned and controlled by third parties. You may find some third-party content to be offensive, indecent, or otherwise objectionable. Information and other content obtained by using the Site and any third-party boards or websites displayed as search results or linked to by the Site are developed, owned, and maintained by third parties. Information in the Site has been indexed and compiled through an automated process with no advance review by Sympl. As a result, Sympl does not endorse or control and has no responsibility or liability for any of the boards, information, or links made available by the Site.

Except as otherwise provided in a separate written agreement between you and Sympl, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, notes, drawings, original or creative materials, or other information, provided by you in the form of e-mail or electronic submissions to Sympl, or postings at the Site, are nonconfidential and shall become the sole and exclusive property of Sympl to the fullest extent permitted by applicable law. Sympl shall own all exclusive rights and shall be entitled to the unrestricted use of these materials for any and all purposes, commercial or otherwise, without acknowledgment or additional compensation to you. In the event applicable law operates to prevent Sympl from becoming the sole owner of any such property, then this provision shall be effective as granting to Sympl (with rights of assignment) a perpetual, royalty-free worldwide, paid-in- full, nonexclusive right (including any and all moral rights) and license to make, use, sell, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in any such material.

The Site may include discussion forums or other interactive areas. All views, opinions, and knowledge expressed through or on the Site are the sole opinions of such users or visitors, and are provided “AS IS,” and you understand and agree that Sympl does not review, verify or approve of any such views, opinions, or knowledge, nor can it undertake such a review as the Site is provided to you free of charge. In addition, you understand that users may have specific circumstances and conditions which may be different from yours. As such, Sympl and our affiliates make no warranties or representations of any kind as to the accuracy, completeness, reliability, operability, timeliness or legality of any information, postings, views, opinions or knowledge provided through or accessible through the Site. All such views, opinions, knowledge, or any other information or materials posted on, provided through or accessible through is not intended to be advice on which you rely.

SYMPL AND ITS AFFILIATES DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON ANY VIEWS, OPINIONS, KNOWLEDGE, OR OTHER INFORMATION OR MATERIALS POSTED ON, PROVIDED THROUGH OR ACCESSIBLE THROUGH THE SITE.

You hereby agree to not upload, distribute, or otherwise publish through the Site any content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise create liability or violate any law. You will not impersonate any person or misrepresent yourself as another person or to be affiliated with another person. Forums and interactive areas shall be used only for your personal and noncommercial purposes. On the Site you cannot, without the express written approval of Sympl, distribute or publish promotions, advertising or solicitations for funds, goods, or services. You shall remain solely liable for the content of any messages or other information posted by you on the Site. Sympl takes no responsibility and assumes no liability for the content of posted or uploaded material, and has no duty monitor uploaded material. Sympl reserves the right, in its sole discretion, to remove or edit any material posted by you that is determined to be harmful, offensive, or otherwise inappropriate. You are solely responsible for all posts to any discussion forums or other interactive areas made with your account information.

You agree to comply with all additional rules, procedures and policies posted by Sympl for any forums or other interactive areas. Such additional rules, procedures or policies will be posted in the applicable forum or other interactive area.

The Site may contain advertising and sponsorship from third parties. By using the Site, you acknowledge that third party advertisements may be served to you on the Site. Sympl is not responsible or liable for any advertisements or the products or services being advertised, and advises you to review any third party’s privacy policy and terms of use for more information about those products, services, and companies. Your dealings with advertisers and third-party vendors found on or through the Site or advertisements on the Site, including your participation in promotions, purchase of goods and services, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third-party advertiser or vendor.

The Site search results will include links to boards and other websites. There may also be links in third party advertisements served on the Site. You acknowledge that these links are provided solely as a convenience to you and not as an endorsement by Sympl or by any of its third-party providers regarding the contents of those boards and other websites. Sympl and its third-party providers are not responsible for and will not have any liability with respect to the information or content contained in on or in any boards and other websites that you may access as a result of such links including any objectionable or offensive content. Sympl reserves the right, but does not have any obligation, to remove any offensive or objectionable content. Sympl may establish links to websites that are operated by third parties. Sympl has no control over such websites and makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of websites accessible by hyperlink from the Site, or websites linking to the Site. Visitors to such third-party websites should refer to such websites’ respective privacy policies, terms and conditions and practices. Any mention on the Site of products or services provided by third parties is for informational purposes only and does not constitute and endorsement or recommendation by Sympl.

YOU USE THE SITE AT YOUR OWN RISK. SYMPL DOES NOT REVIEW OR EDIT SEARCH RESULTS, RELATED CONTENT, OR THIRD-PARTY ADVERTISEMENTS. SYMPL DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT, AND SERVICES ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITH NO WARRANTIES OF ANY KIND. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SYMPL CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SYMPL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SYMPL DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SYMPL SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SYMPL FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. YOU AGREE THAT YOUR USE OF OR RELIANCE UPON ANY INFORMATION OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.

The above disclaimer applies to any damages, liability or injuries caused by a failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Sympl reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

To the fullest extent allowed by applicable law, you agree that Sympl will not be liable to you or to any other party for any indirect damages, or for any special, exemplary, punitive, incidental, consequential or other damages (including, but not limited to, lost profits or lost time), whether based on contract, tort, strict liability or otherwise, which arise out of or are in any way connected with any access to the Site or any viewing or use of any information on OR THROUGH the Site or any contractual or other dealings or relationships you may have with third parties based upon any information included in OR THROUGH the Site. IN NO EVENT WILL SYMPL’S AGGREGATE LIABILITY TO YOU ARISING FROM OR RELATED TO YOUR USE OF THE SITE EXCEED $100.

You acknowledge that, as no subscription or other fees are required for your access to the Site, the limitations in this Paragraph are reasonable and appropriate. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Except where prohibited by law, in no event will Sympl be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Sympl has been advised of the possibility of such damages.

You shall indemnify, defend, and hold Sympl, its subsidiaries, affiliates, officers, employers, directors, shareholders, predecessors, successors in interest, and other agents, harmless from and against any claim, demand, suit, cause of action, proceeding, loss, liability, damage or expense (including reasonable attorney fees) arising out of or related to your use of the Site, including, without limitation, any violations by you of the Terms of Use and your use of or reliance on any search results, or the submission of any inaccurate or incorrect information.

Sympl may disclose any information Sympl has about you (including your identity) if Sympl determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Sympl’s rights or property, or the rights or property of visitors to or users of the Site, including Sympl’s customers. Sympl reserves the right at all times to disclose any information that Sympl deems necessary to comply with any applicable law, regulation, legal process or governmental request. Sympl also may disclose your information when Sympl determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Sympl may preserve any transmittal or communication by you with Sympl through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Sympl determines that such preservation or disclosure is reasonably necessary to (1) comply with legal processes, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Sympl, its employees, users of or visitors to the Site, and the public.

You agree that Sympl may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if Sympl determines that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Sympl, for which monetary damages would be inadequate, and you consent to Sympl obtaining any injunctive or equitable relief that Sympl deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Sympl may have at law or in equity.

You agree that Sympl may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Sympl does take any legal action against you as a result of your violation of these Terms of Use, Sympl will be entitled to recover from you, and you agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Sympl. You agree that Sympl will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

These Terms of Use and your access to and use of information from the Site are governed by the laws of the State of Michigan, without regard to any conflict of laws rules. All claims, suits, or causes of action arising out of or relating to these terms or the Services will be litigated exclusively in the Western District of Michigan Federal Court or state courts of Michigan in Kent County, Michigan, USA, and you and Sympl consent to personal jurisdiction in those courts.

This Terms of Use constitutes the entire agreement between you and Sympl regarding your access to the Site and your reproduction and use of any information in the Site. Any waiver of any term or condition of this User Agreement shall not be effective unless in a written document signed by an authorized representative of Sympl. These terms control the relationship between Sympl and you. They do not create any third-party beneficiary rights. If you do not comply with these terms, and Sympl does not act right away, this doesn’t mean that Sympl is giving up any rights that Sympl may have (such as acting in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.

No waiver by Sympl of any right under or term or provision of these Terms and Conditions will be deemed a waiver of any other right, term or provision of these Terms and Conditions at that time or a waiver of that or any other right, term or provision of these Terms and Conditions at any other time.

It is at the express consent of the parties that the present agreement be written in English.