Terms of Use

Healthfirst Foundation Website

Please read these Terms of Use carefully, as they set forth the legally binding terms and conditions for your use of our website(s) and services.

This website is owned, operated, licensed, and controlled by Healthfirst Foundation, Inc. (the “Healthfirst Foundation”), a Healthfirst, Inc. entity.

These Terms of Use (“Terms”) describe the rules for using our online and mobile websites, platforms, services, and applications that we own and operate and that contain a link to these Terms (collectively, “HF Websites”), over the course of receiving and/or accessing products and services from the Healthfirst Foundation ( the “Services”). Use of the terms “Healthfirst Foundation”, “we”, “our,” and “us,” refer to Healthfirst Foundation, Inc. and its affiliate entities. Any references to “you” or “your” in these Terms mean the individual using an HF Websites, including but not limited to persons, dependents, or individuals making benefits decisions.

The information and content (“Content”) on our online and mobile websites, platforms, services, and applications is for your general information only.

The Content should not be considered financial advice, legal advice or tax advice. Always seek the advice of a financial advisor when making decisions that may have tax implications.

By using our HF Websites, you agree to the most-recent Terms as well as the most-recent versions of our Privacy Policies. Therefore, do not use the HF Websites if you do not agree. We may change these Terms at any time, and such changes will be posted on this or a similar page and be denoted with “last updated.” If the changes are material in nature, we will notify you with a “pop up” alert the next time you visit a HF website.

Additionally, you acknowledge and agree that any activity on the HF Websites is subject to monitoring by the Healthfirst Foundation or its affiliates at any time, and that the Healthfirst Foundation or its affiliates may use the results of such monitoring without limitation, subject to applicable law.

If you enter into any other agreement with the Healthfirst Foundation, these Terms are in addition to the terms of such other agreement, and in the event of any conflict, the terms of the other agreement control.

User IDs

The HF Websites may allow you to register by providing a username/email address and password (“User ID”). These are your credentials for accessing portions of the HF Websites. You are responsible for protecting your User ID. If your User ID or other activation codes you use with the HF Websites are compromised, you agree to immediately inform us.

Content Ownership

All rights, title and interest in and to the HF Websites, including the Content, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein, shall remain with the Healthfirst Foundation and our licensors and vendors, and no ownership interest is transferred to you or any other entity by virtue of making the Content available on the HF Websites. Some HF Websites operated by the Healthfirst Foundation may include trademarks or logos belonging to other third-party licensors. Use of such third-party licensor’s trademarks or logos are used pursuant to an agreement with such third parties.

Restrictions on Use of HF Websites

You agree to comply with all applicable laws and regulations while using our HF Websites or the Content.

You represent and warrant that you are at least 13 years of age, and that, if you are between 13 and the age of majority in your state and otherwise not emancipated, a parent and/or guardian agrees to

You agree that we may take any actions permitted or required by law (including the suspension or termination of your account or your access to the HF Websites) if we believe, in our sole discretion, that you are engaging in activities that violate these provisions and/or these Terms.

You agree:

  • not to misrepresent your identity or provide us with any false information in any information-collection portion of our HF Websites, such as a registration, enrollment, or application page;
  • not to modify, copy, adapt, publish or create derivative works or improvements of the Content or other information or materials from the HF Websites;
  • not to introduce viruses or programs that interrupt, destroy, or limit the functionality of any computer software or hardware;
  • not to attempt to disassemble or reverse engineer any of the software used to provide the HF Websites;
  • not to upload any materials, including pictures, which violate the Healthfirst Foundation code of conduct;
  • not to use the HF Websites or the Content for any unlawful purpose, or in violation of any national or international law, statute, decree, rule or regulation;
  • not to sublicense, resell, lease, transfer or otherwise distribute or grant access to the HF Websites to any other person;
  • not to access or use the HF Websites or the Content in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of any third party;
  • not to remove any copyright, trademark or other proprietary rights notice that appears on any portion of the HF Websites or the Content; and
  • not to use the HF Websites or the Content in any abusive way, as determined in the Healthfirst Foundation’s sole discretion.

Unless otherwise noted, all materials – including, but not limited to, images, illustrations, designs, icons, photographs, video clips, written compositions, and other work product – that are part of this, or any other HF Website(s), are the property of the Healthfirst Foundation. Unless otherwise noted, all trademarks, service marks, and trade names are the property of Healthfirst Foundation. No material from this or any other HF Website(s) may be reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without notice to and prior authorization of the Healthfirst Foundation, Inc. Any modification, use, adaptation, translation, or derivative work of any HF Website(s) materials without notice to and prior authorization of the Healthfirst Foundation is a violation of Healthfirst Foundation’s ownership and proprietary rights in such materials; provided, however, that you may download, where specifically permitted, one copy of the materials on any single computer for your personal, noncommercial use only, and provided that you keep intact all ownership and proprietary notices. For purposes of these Terms, the use of any such material on any other Web site or networked computer environment is prohibited.

Input Data

Any content you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit.

During your use for the HF Websites, you may provide to the Healthfirst Foundation certain information in connection with the Services (“Input Data”). By providing this Input Data in connection with your use of the HF Websites, you represent and warrant that you have all rights, consents and licenses necessary to transmit and provide access to such Input Data to the Healthfirst Foundation and to permit the Healthfirst Foundation to use such Input Data as contemplated herein, including in connection with the provision of the Services by or on behalf of the Healthfirst Foundation and that use of the Input Data by the Healthfirst Foundation as contemplated herein does not and will not infringe, misappropriate, or otherwise violate any intellectual property rights or any privacy or other rights of any third party, or violate any applicable law.

You grant the Healthfirst Foundation a non-exclusive, worldwide, royalty-free, transferable, irrevocable, sublicensable (through multiple tiers), fully paid up right and license to use, reproduce, modify and otherwise exploit the Input Data for the following purposes:

  • to provide the Services to you and to operate the HF Websites in connection with your authorized use;
  • to maintain, support, enhance and improve the HF Websites and the Services, including by performing analytics and analyzing, generating and extracting usage data, and such right to maintain, support, enhance and improve the HF Websites and the Services will be perpetual and irrevocable, and shall survive the termination of these Terms.

You may provide suggestions, comments, and feedback to the Healthfirst Foundation regarding the HF Websites and the Services, including but not limited to, usability, feature requests or enhancement, content, performance, operation, output, bug reports and test results (the “Feedback”). You agree that the Healthfirst Foundation may use, disclose, reproduce, analyze and otherwise exploit the Feedback for any lawful purpose, including to improve and develop the HF Websites and the Services, without any obligation to you.

The Healthfirst Foundation maintains commercially reasonable administrative, technical and organizational measures and procedures designed to ensure a level of security appropriate to protect Input Data in the Healthfirst Foundation’s possession or under its control, against accidental or unlawful destruction, loss, alteration or unauthorized disclosure or access. Please note, however, that no method of transmission over the Internet or method of electronic storage is 100% secure.

Links

While visiting our HF Websites you may click on a link to other online websites, mobile websites, platforms, services, and applications and leave our HF Websites. We do not endorse, and are not responsible for, the content and accuracy of linked online websites, mobile websites, platforms, services, and applications operated by third parties or for any actions with such third parties.

Disclaimer

The materials in the HF Websites are provided “as is” and are without warranties of any kind, express or implied. To the fullest extent permissible, pursuant to applicable law, the Healthfirst Foundation disclaims any and all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. The Healthfirst Foundation does not warrant that the use of a HF Website or materials will be uninterrupted or error-free, that defects will be corrected, or that this site or any other HF Website or the server(s) that make access to the HF Website available are free of viruses or other harmful components. The Healthfirst Foundation does not warrant, represent, or make any representations regarding the use or the results of the use of the materials in this or any other HF Website, in terms of their correctness, accuracy, reliability, or otherwise limitation of liability. Under no circumstances, including but not limited to negligence, shall the Healthfirst Foundation be liable for any special or consequential damages that result from the use of, the reliability on, or the inability to use the materials in this or any other HF Website, even if the Healthfirst Foundation or a the Healthfirst Foundation affiliated entity or authorized representative has been advised of the possibility of such damages.

No Warranties

Our HF Websites and their content are provided to you on an “as is” basis.

Termination

We may cancel, suspend or block your use of the HF Websites and/or registration at any time, without cause and/or without notice.

Agreement to be Bound by Electronic Signature

Your affirmative act of using the HF Websites, or registering for membership, constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.

Additional Terms

Accuracy of Information Provided

We may use a number of different sources (such as information provided by you, your health insurance carrier, or information we obtain from other data sources available to us) to display information that we believe may be relevant to you or your search query.

Jurisdiction and Governing Law

The HF Websites are controlled and operated by the Healthfirst Foundation, Inc. from its offices within New York City. The Healthfirst Foundation makes no representations that materials in any HF Website are appropriate or available for use in other locations. Those who choose to access any HF Website from other locations do so on their own initiative and are responsible for establishing the usability or correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in New York City, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided herein.

Disclaimer of Representations and Warranties

YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK.

THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, the Healthfirst Foundation and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “HF Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

  1. the Services;
  2. the functions, features, or any other elements on, or made accessible through, the Services;
  3. any products, services, or instructions offered or referenced at or linked through the Services;
  4. security associated with the transmission of your data transmitted to the Healthfirst Foundation or via the Services;
  5. whether the Services or the servers that make the Services available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your device);
  6. whether the information (including any instructions) on the Services is accurate, complete, correct, adequate, useful, timely, or reliable;
  7. whether any defects to or errors on the Services will be repaired or corrected;
  8. whether your access to the Services will be uninterrupted;
  9. whether the Services will be available at any particular time or location; and
  10. whether your use of the Services is lawful in any particular jurisdiction.

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY AN HF PARTY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE HF PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.

Any reference made by this website or any other HF Website(s) to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by the Healthfirst Foundation. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of the Healthfirst Foundation.

Limitations of Our Liability

TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY HF PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:

  1. the Services;
  2. your use of or inability to use the Services, or the performance of the Services;
  3. any action taken in connection with an investigation by the HF Parties or law enforcement authorities regarding your access to or use of the Services;
  4. any action taken in connection with copyright or other intellectual property owners or other rights owners;
  5. any errors or omissions in the Services’ technical operation; or
  6. any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the HF Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Services).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.

EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE HF PARTIES’ TOTAL LIABILITY TO YOU FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE GREATER OF (1) the amount you have paid the Healthfirst Foundation in connection with the transaction(s) that underlie the claim(s); and (2) ten dollars ($10); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.

Online Accessibility Statement

The Healthfirst Foundation is committed to providing a website that is accessible to the widest possible audience. To meet this commitment, the Healthfirst Foundation has adopted the Web Content Accessibility Guidelines (WCAG) 2.0AA as our corporate standard.

Conformance with these guidelines will help make the web more user friendly for all people.

If you would like additional assistance or have any accessibility concerns, please contact us at 1- 866-463-6743 (TTY/TDD English 1-888-542-3821, TTY/TDD Spanish 1-888-867-4132)