Terms & Conditions

Website Terms of Use

These Terms of Use were last updated on January 1, 2021.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL "911" IMMEDIATELY.  

INTRODUCTION

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.  PLEASE READ IT CAREFULLY.

These Terms of Use are entered into by and between you and Seamless Health Indemnity Plan LLC, (referred to in these Terms of Use as Seamless,” “we,” “us,” or “our”).  The following terms of use, together with any other documents expressly incorporated herein by reference (collectively, these “Terms of Use”) govern your access to and use of this website, including any content, functionality, and services delivered through the domain seamlesshealthmd.com (collectively, the “Site”).  By using or accessing the Site, registering with the Site, and/or by clicking “I Agree” to accept or agree to these Terms of Use when this option is made available to you, you signify your agreement to these Terms of Use as well as our Privacy Policy, which is incorporated herein by reference.

The Site’s content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. If you think you may have a medical emergency, call 911 immediately or seek appropriate professional medical treatment.

CHANGES TO THESE TERMS OF USE

We may modify these Terms of Use from time to time in our sole discretion. We will provide notice by, at a minimum, updating this posting.  You are expected to carefully review these Terms of Use from time to time so you are aware of any changes.  However, if we make material changes to these Terms of Use, we will notify you either through the email address you have provided us or by means of a prominent notice on the Site before the change becomes effective.  Any changes to these Terms of Use will be in effect as of the “Last Updated” date referenced at the top of these Terms of Use.  Your continued use of the Site constitutes your binding acceptance to these Terms of Use, including any changes or modifications that we may make. If any part of these Terms or any future changes to these Terms are not acceptable to you, you must not use or access the Site.

ELIGIBILITY

THE SITE IS OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER.  YOU MAY NOT USE, ACCESS, OR REQUEST SERVICES FORM THE SITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF USE, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SITE OR ANY OF THE SITE'S CONTENTS OR SERVICES BY APPLICABLE LAW.

BY USING THE SITE OR OBTAINING SERVICES FROM THE SITE, YOU REPRESENT AND WARRANT THAT YOU MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS AND YOU AFFIRM THAT YOU ACCEPT AND ARE BOUND BY THESE TERMS.  IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE SITE.

INTELLECTUAL PROPERTY

These Terms of Use permit you to use the Site exclusively for your personal, non-commercial use only.  The Site and all information and content contained therein are protected by contract law and various intellectual property laws, including domestic and international copyright laws.

All Site materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of Seamless or by the original creator of the material.  The trademarks, service marks, trade names, logos, headers, custom graphics, button icons, and scripts used and displayed on this Site are registered and unregistered trademarks and/or trade dress of Seamless.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except that your computer or other device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, and you may store files that are automatically cached by your browser for display enhancement purposes.  Subject to the restrictions set forth in these Terms of Use, and except for content specifically and expressly made available for redistribution, you may print or download information from the Site only for your personal and other non-commercial use, and not for further reproduction, publication or distribution, provided you keep intact all copyright and other proprietary notices.

These Terms of Use do not grant you any right, title, interest, license (express or implied) to any patent, trademark, service mark, copyright, trade secret or other intellectual property right of Seamless or the respective intellectual property owners.  Modification of any content on the Site is explicitly prohibited.  You are also prohibited from utilizing the Site in any way that would damage its content or visibility for other visitors.   As between Seamless and you, Seamless has and retains exclusive and valid ownership of the Site, the names and marks thereof, and all intellectual property, proprietary rights and documentation therein, and you acknowledge that the foregoing constitute valuable assets and may constitute trade secrets of Seamless.  Seamless, and its associated logos, and all page headers, custom graphics, and other icons are service marks, trademarks, registered service marks, or registered trademarks of Seamless.  All other product names and company logos mentioned on the Site or in the information or content contained therein are trademarks of their respective owners.  In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Site without the prior written authorization of Seamless or the respective owners of such information or intellectual property.  You agree that you will not remove, alter, or obscure any copyright, legal or proprietary notices in or on any portions of the Site or the information and content contained therein.

Seamless accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.  Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), Seamless reserves the right to terminate your use of the Site or the information and content contained therein if it determines in its sole and absolute discretion that you are involved in infringing activity, regardless of whether such alleged infringement is a first-time or repeat occurrence and/or whether the material or activity is ultimately determined to be infringing.

PROHIBITED USES

You agree to use the Site only for lawful purposes and in accordance with these Terms of Use.  Specifically you agree:

  • that you will not use the Site in any way that violates federal, state, local or international law or regulation, or generally accepted practices or guidelines in relevant jurisdictions (including any laws or regulations regarding the export of data or software to and from the United States or other relevant countries);

  • that you will not use the Site to transmit or send unsolicited commercial communications;

  • that you will not access (or attempt to access) the Site by any means other than through the interface that is provided by us;

  • that you will not attempt to gain unauthorized access to, interfere with, damage, disrupt, or circumvent any of the security features of any part of the Site (or the servers, networks, and databases which are connected to the Site);

  • that you will not access (or attempt to access) the Site through any automated means (including use of scripts or web crawlers);

  • that you will not “screen scrape,” monitor, “mine,” or copy the Site;

  • that you will not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;

  • that you will not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without our express written consent;

  • that you will not introduce any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs or other material which is malicious or technologically harmful to the Site (or the servers, networks, and databases which are connected to the Site);

  • that you will not use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

  • that you will not edit or otherwise modify any content on the Site that is not owned by you or another person or entity for whom you act as their agent;

  • that you will not engage in any activity that interferes with or disrupts the Site (or the servers, networks, and databases which are connected to the Site);

  • that you will not impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);

  • that you will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or develop restricted or password-only access pages, or hidden pages or images;

  • that you will not reproduce, redistribute, republish, duplicate, copy, display, sell, rent, sub-license, trade or resell any content or other aspect of the Site for any commercial purpose (except for content specifically and expressly made available for redistribution); and

  • that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which you may suffer) of any such breach.

USER CONTRIBUTIONS

The Site may contain forms, message boards, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site.  All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that: (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and (ii) all of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.  We are not responsible, or liable to you or any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion;

  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for us;

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and

  • Terminate or suspend your access to all or part of the Site for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU HEREBY WAIVE AND SHALL HOLD HARMLESS Seamless AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services.  User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;

  • Promote sexually explicit or pornographic material; violence; or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;

  • Post any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Notice;

  • Be likely to deceive any person;

  • Promote any illegal activity, or advocate, promote, or assist any unlawful act;

  • Impersonate any person or misrepresent your identity or affiliation with any person or organization; or

  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please send a notice of copyright infringement to the Contact Information provided at the end of these Terms of Use. It is our policy to terminate the user accounts of repeat infringers.

INFORMATIONAL CONTENT

The information presented on or through the Site is made available solely for informational purposes. We use reasonable efforts to update the information on the Site.  However, the contents of the Site are subject to change without notice.  We make no representations or warranties as to the accuracy, reliability, completeness, or usefulness of any information on the Site. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

The Site may include content provided by third parties.  All statements and/or opinions expressed in these materials, and all content other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect our opinion.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Please contact us at the “Contact Information” provided at the end of these Terms of Use if you have questions about the information presented on the Site.

THIRD PARTY SITES AND CONTENT 

This Site may contain links to other Internet sites that our business partners and other third parties own or operate. Your use of each of those sites is subject to the terms and conditions, if any, that each of those sites have posted. We have no control over third party sites and we are not responsible for any changes to or content on them. Our inclusion of any content is not an endorsement of that material or link or the companies that own or operate the material or linked sites.  If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.

LINKING TO THE SITE AND SOCIAL MEDIA FEATURES

You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. 

This Site may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Site;

  • Send e-mails or other communications with certain content, or links to certain content, on this Site; and

  • Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you;

  • Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;

  • Link to any part of the Site other than the homepage; or

  • Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

RISK ALLOCATION

No Warranties

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY ADVICE OR SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER Seamless NOR ANY PERSON ASSOCIATED WITH Seamless MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE.

WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF INFORMATION OR CONTENT. WE DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR CONTENT FROM THE SITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

WITHOUT LIMITING THE FOREGOING, NEITHER Seamless NOR ANYONE ASSOCIATED WITH Seamless REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY ADVICE OR SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY ADVICE OR SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL Seamless, ITS PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO THE SITE, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY/WRONGFUL DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  

Limitations Period

Any claim related to these Terms of Use or the Site may not be brought unless made within the one-year period beginning on the date when the claim first could be filed. If it is not filed within such time, then that claim is permanently barred.

MODIFICATIONS, INTERRUPTION OF SERVICE AND ACCOUNT SECURITY

We reserve the right to modify or discontinue this Site with or without notice to you. We shall not be liable to you or any third party should we exercise its right to modify or discontinue the Site. We do not guarantee continuous, uninterrupted, or secure access to our Site. The operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God.

Access to certain portions of the Site or some of the resources it offers may require a user name and password.  Only registered users may access password-protected pages.  You may be asked to provide certain registration details or other information.  It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.  You agree that all information you provide to register with the Site or otherwise is governed by our Privacy Policy [insert hyperlink], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information.  You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.  We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion you have violated any provision of these Terms of Use.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE

All information we collect on the Site is subject to our Privacy Policy [insert hyperlink].  By accessing or using the Site, you acknowledge and agree that you have read and understand the privacy policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Seamless and its successors and assigns and all of their respective officers, directors, agents, employees, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, obligations, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your use of the Site and any information obtained from the Site; (ii) your breach of this Agreement, including any use of the Site’s content or services other than as expressly authorized in these Terms of Use; (iii) your violation of any third party right, including, without limitation, any copyright, property right, or privacy right; or (iv) any claim that content provided by you caused damage or loss to a third party. This defense and indemnification obligation will survive your use of the Site and any termination of this Agreement.

GENERAL

Governing Law and Venue

These Terms of Use and all matters arising from them are governed by and construed in accordance with the laws of the State of Texas, exclusive of its choice of law rules, whose courts shall have exclusive jurisdiction over all disputes arising in connection with the Terms of Use. The place of performance of these Terms of Use is agreed by you to be the State of Texas, and you irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts of Texas for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in Texas, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree Texas courts represent the exclusive jurisdiction for all disputes relating to this Agreement..  Nothing in these Terms of Use limits either party's ability to seek equitable relief.  We shall be entitled to reasonable attorneys’ fees and costs in connection with enforcing any provision of these Terms of Use.

No Waivers

No waiver by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  

Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms of Use without our prior written consent. Any purported assignment or delegation in violation of this prohibition on assignment is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use.

Notices

We may provide any notice to you under these Terms of Use by: (i) sending a message to the e-mail address you provide, or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail, and notices we provide by posting will be effective upon posting.

To give us notice under these Terms of Use, you must contact us as follows: (i) by sending a message to the “Contact Us” information provided at the end of these Terms of Use; or (ii) by personal delivery, overnight courier, or registered or certified mail to us at the “Contact Us” information provided at the end of these Terms of Use.  We may update the e-mail address or mailing address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by e-mail or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

Entire Agreement

These Terms of Use, together with any documents expressly referred to in them, including our Privacy Policy [insert hyperlink], constitute the entire agreement between you and us with respect to the Site, and supersede all previous written or oral agreements.

Reformation and Interpretation

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect.

Limitations on Exclusions Not Applicable

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability and that of our third-party content providers and their respective agents shall be limited to the greatest extent permitted by law.

Seamless Health Indemnity Plan LLC Privacy Policy

This Policy was last updated on January 1, 2021.

INTRODUCTION

Seamless Health Indemnity Plan LLC (referred to herein as “we,” “us,” and “our”) is committed to protecting the privacy and security of the personal information we receive and collect from you.  We also believe in transparency, and we are committed to informing you about how we treat your personal information.

This Website Privacy Policy (the “Policy”), together with our Terms of Service apply to this our online interfaces and properties (e.g. websites and mobile applications) owned and controlled by Seamless Health Indemnity Plan LLC including, but not limited to, the https://www.seamlesshealthga.com website (the “Site”). This Policy describes the ways in which we use and share (1) personal information that users, visitors, and customers (“you” or “your”) provide to us when using the Site, and (2) certain information about you that is automatically collected when you access or use the Site.  This Policy also describes certain rights and options that you may have with regard to your personal information.

This Policy does not apply to (1) information collected by us offline, or (2) information collected through any third party (including our affiliates and subsidiaries) and any third party application, website, or content (including advertising) that may link to or be accessible from or on the Site.  

PLEASE READ THIS POLICY CAREFULLY TO UNDERSTAND HOW WE TREAT YOUR PERSONAL INFORMATION.  IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS POLICY, YOU SHOULD NOT ACCESS OR USE THE WEBSITE.

BY USING, ACCESSING, VISITING, OR REGISTERING WITH THE SITE, OR BY SUBMITTING YOUR INFORMATION THROUGH IT, YOU CONSENT TO THIS POLICY AND TO OUR COLLECTION AND SHARING OF YOUR INFORMATION IN ACCORDANCE WITH THE TERMS OF THIS POLICY.

WHAT INFORMATION DO WE COLLECT? 

We may collect and process the following personal information from you for the purposes set forth below:

Category

Types of Data and Purpose

Contact Information

When you visit the Site, request our services, or purchase products from us we may ask you for your name, address, telephone number, email address, or other contact details in order to respond to your request or inquiry.

User Account Information

In order to access and use certain features of the Site, you must first complete a registration.  When you create an account or register with us, we collect your contact information, other identity information (e.g., age, date of birth), other demographic information (location), username and password, and other registration information, including payment information.  Please note that if you sign up to use our service you may be asked to submit photographs of your condition, if applicable, as well as demographic and other information relevant to diagnosis and treatment such as your condition, lifestyle and general medical history (e.g. allergies, other medications).  This information is necessary to enable us to provide you the account you have requested and to maintain the account and your profile.  You may update your account information by editing the information associated with your account.

Location Information

When you use the Site, we may collect information about your use of the Site, including your interaction with advertising and analytics services on the Site, in order to (a) serve you the content and functionality you request, and (b) maintain the privacy and security of the Site and services.  Location information collected may include your Internet Protocol (IP) address or unique device identifier.

Cookies and Similar Technologies

Please see the Cookies and Similar Technologies section of this Policy below.  If you choose to disable cookies and similar technologies, some areas and features of the Site may not work properly.

Automated Information

When you visit our Site, we automatically collect information from your browser or your mobile device, which includes the date and time of your visit, your Internet Protocol (IP) address or unique device identifier, domain server, your browser type, cookies and data about which pages you visit in order to allow us to operate and provide the Site and our services.  This information is used to understand how you interact with the Site and to provide you with advertising and a more personalized experience.  To learn more about our collection of technical data, please see the Cookies and Similar Technologies section of this Policy below.

Email Interconnectivity

If you receive email communications from us, we may use certain tools to capture data related to if/when you open our message and if/when you click on any links or banners it contains.  Other information collected through this email tracking feature includes: your email address, the date and time of your “click” on the email, a message number, the name of the list from which the message was sent, a tracking URL number, and a destination page.  We use this information to enhance our marketing efforts.  We do not sell or distribute this information to third parties.

Feedback / Support / Inquiries

If you provide us with feedback or contact us for support or to ask us questions, we will collect your name, address, telephone number, email address, and other information needed to respond to your feedback, or request for support, or to answer your question.

Mailing List

When you sign up for one of our mailing lists, we collect your contact information, including your email address. We will not include you on any mailing list unless you sign up for the mailing list(s).  You may request removal from our mailing list(s) and we will remove you from the mailing list(s) within five days of our receipt of your request.

Your Communications

When you communicate with us, we may retain your communications in order to process and respond to them, as well as to improve our services. We may use your email address to communicate with you about our services or send you periodic emails.  If at any time you would like to unsubscribe from receiving future emails, you may unsubscribe at the bottom of each email.

Financial and Payment Information

If you choose to purchase goods or services from us, we may collect your name, address, telephone number, bank account number, bank routing information, and other data necessary to process payments, including credit card numbers, security codes, expiration dates, and other related billing information.  By submitting your payment card information, you expressly consent to the sharing of your information with third-party payment processers and other third-party services (including but not limited to vendors who provide fraud detection services to us and other third parties).  

Third Party Information

In addition to the information that we collect from you directly, we may also receive information about you from other sources, including third parties, business partners, our affiliates, or publicly-available sources.


COOKIES AND SIMILAR TECHNOLOGIES

A “cookie” is a small file created by a web server that can be stored on a user’s device for use either during a particular browsing session (a “session” cookie) or a future browsing session (a “persistent” cookie).  This file may include information about your internet protocol (IP) addresses, browser type, internet service provider (ISP), URLs of any referring or exited webpages, operating system, and/or date and time stamps.

We may use cookies to enable certain website functions, develop web browsing analytics, store and track your preferences, and enable the delivery of advertising and marketing, when applicable.  For example, we may track the number of “hits” or visits to the Site, the most popular times of day and sections visited, and the range of devices and browsers most commonly used to view the Site.  

First-Party Cookies

First-party cookies are set by the website you are visiting, and they can only be read by that site.  Certain features of our Site may use session, permanent, and flash cookies.

“Session” cookies are temporarily stored on your hard drive and only last until they expire at the end of your browsing session or after a set time period.  “Permanent” cookies remain stored on a user’s hard drive until they expire or are deleted by a user.  Local stored objects (or “flash” cookies) are used to collect and store information about your preferences and navigation to, from, and on a website.  Flash cookies are not managed by the same browser settings as browser cookies. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website at:  https://www.macromedia.com/support/documentation/en/flashplayer/help/help09.html.

Third Party Cookies

You also may encounter third party cookies on the Site.  Third Party Cookies are cookies that are stored on your web browser by a party other than us and may gather browsing activity (such as information you have entered or choices you have made) across numerous websites that you visit and across numerous browsing sessions.  These cookies also help us to improve how the Site and services function and perform, to customize your interaction with the Site, and to provide more relevant messaging and marketing communications to you.  We may be currently using third party cookies to track and analyze usage. If you wish to delete Third Party Cookies, you should adjust your browser settings as described in the “CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION” section of this Policy.

We may use a Twitter Tweet widget (Twitter Button and Twitter Syndication) at the Site. As a result, our website makes requests to Twitter’s servers for you to be able to tweet our webpages using your Twitter account. These requests may make your IP address, browser type, operating system, hardware type, internet service provider, pages visited, location, your mobile carrier, and device information (including device and application IDs) visible to Twitter, who may use it in accordance with their data privacy policy: https://twitter.com/en/privacy#update.

The Site may also use features provided by YouTube.   As a result, when you visit a page with content embedded from or linked to YouTube, you are presented with cookies from YouTube.  To view YouTube’s privacy policy, visit https://policies.google.com/privacy?hl=en.

The Site may use the ShareThis and/or AddThis social media cookies to allow you to share content from our Websites across your social networks such as Facebook, LinkedIn, Twitter and others.  If you browse the internet while signed into a social network, that network may have the ability to collect information about the websites you are visiting, including ours.  To view ShareThis' privacy policy, visit https://www.sharethis.com/privacy/.  To view Addthis’ privacy policy, visit http://www.addthis.com/privacy/privacy-policy.

We feature Facebook Connect, which gives you the option to post information about your activities to your profile page to share with others within your network by using a single sign-in service to authenticate your identity. You may learn more about Facebook Connect by visiting https://www.facebook.com/policy.php, where you can also find instructions for opting out of receiving advertisements.]

We may use LinkedIn Widgets on the Site to allow you to share content from our Site on your LinkedIn account. LinkedIn’s privacy policy is available at https://www.linkedin.com/legal/privacy-policy.

We may use other third party cookies in addition to those expressly listed above.  If you would like more detailed information about first party and third party cookies in use on or related to this Site, please contact us.  

What similar technologies are in use and why do we use them?

Like most websites, as you navigate through and interact with the Site, we may passively collect information about your browsing activities using cookies and other automatic data collection technologies, such as Internet tags, web beacons (clear gifs., pixel tags, and single-pixel gifs), and navigational data collection (log files, server logs, etc.) in order to improve website functionality and analytics.  

  • Web beacons: These are tiny graphics (sometimes called “clear GIFs” or “web pixels”) with unique identifiers that are used to understand browsing activity.  In contrast to cookies, which are stored on a user’s computer hard drive, web beacons are rendered invisible on web pages when you open a page. 

  • Social Widgets: These are buttons or icons provided by third-party social media providers that allow you to interact with social media services when you view a web page or mobile app screen. These social widgets may collect browsing data, which may be received by the third party that provided the widget and are controlled by third parties. 

  • UTM Codes: These are strings that can appear in a URL (the “Uniform Resource Locator,” which is typically the http or https address entered to go to a web page) when a user moves from one web page or website to another, where the string can represent information about browsing, such as which advertisement, page, or publisher sent the user to the receiving website. 

The aggregate data collected by these passive technologies typically does not target any personally identifying information, but personal information we store about you may be linked to information stored in and obtained from cookies in order to improve our marketing, analytics, or website functionality.

Google Analytics and Similar Technologies

We may use Google Analytics and similar technologies to collect and process statistical data about the number of people using the Site and to better understand how they find and use our webpages.  This does not necessarily include personally identifiable information. Any data collected is used in accordance with our Policy and Google’s privacy policy. You may learn more about Google Analytics and the performance and ad tracking cookies used by Google by visiting https://www.google.com/policies/privacy/partners/ or https://policies.google.com/technologies/ads?hl=en as well as Google's restrictions on data use by visiting the Google Privacy Policy at: https://www.google.com/policies/privacy. To opt-out of Google Analytics, visit https://tools.google.com/dlpage/gaoptout  and install the opt-out browser add-on feature.  For more details, visit the “Google Analytics opt-out browser add-on” page (located at https://support.google.com/analytics/answer/181881?hl=en). Google Analytics has certified compliance with the EU-US Privacy Shield Framework set forth by the U.S. Department of Commerce.

Other Third Party Technologies

Some third parties may use automated data collection technologies to collect information about you when you when you browse the Internet.  The information they collect about your online browsing activities over time and across different websites and other online services may be associated with your personal information and used to provide you with targeted content.  We do not control these third parties’ technologies or how they may be used.  If you have any questions about targeted content, you should contact the responsible party directly or consult their privacy policies.

Choices About Cookies

We provide you with choices regarding the personal information you provide to us, and we have created ways to give you control over our use of your information.  Most web browsers are set by default to accept cookies.  If you do not wish to receive cookies, you may set your browser to refuse all or some types of cookies or to alert you when cookies are being sent by website tracking technologies and advertising.  Note that, if you decline the use of cookies, you may not have access to the full benefits of the Site.

HOW WE USE YOUR INFORMATION

We collect and use the types of personal information listed above in an effort to improve your experience on the Site, to provide services to you, and to communicate with you about the information you have requested.  We may also use personal information to help us develop and improve the Site and our services.  Additionally, we may use your personal information in the following ways:

  • To provide you with the products or services you have requested and to manage our relationship with you, including administering your account, processing payments, accounting, auditing, billing and collection and taking other steps necessary to the performance of our business relationship with you;

  • To present and improve the Site’s content and functionality;

  • To personalize your experience (your information helps us to better respond to your individual needs);

  • To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs);

  • To respond to your inquiries;

  • To determine user interests, needs, and preferences;

  • To provide notice of changes to the Site or the services and products we offer or provide through it;

  • To deliver services and products to you and honor our Terms of Use [insert hyperlink to Terms of Use] with you; 

  • To conduct research and analysis;

  • To develop new products and services;

  • To manage and maintain the security of the Site and our services;

  • To administer a contest, promotion, survey or other site feature (we may periodically run a contest, sweepstakes, or survey relating to the Site. When we run a contest or sweepstakes relating to the Site, it will be accompanied by a set of rules. The rules for each contest/sweepstakes will specify how the information gathered from you for entry will be used and disclosed);

  • To market our services and products to you but only if you have given us permission to do so;  

  • To send periodic emails or text messages including information and updates pertaining to your order. We will also use your contact information to respond to your requests or inquiries. SHARING AND DISCLOSING OF YOUR PERSONAL INFORMATION 

We may share your information in the following contexts:

Category

Disclosure Contexts

Subsidiaries and Acquisitions

We may share your personal information with our corporate subsidiaries and affiliates and with their respective officers, directors, employees, accountants, attorneys and agents.  In addition, we may disclose your personal information in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our company assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about the Site’s users is among the assets transferred.  For example, if another company acquires us, we will share your personal information with that company.

Disclosures With or Without Your Consent

We may share your personal information with other unaffiliated third parties who are not described elsewhere in this Policy and may do so without your additional consent, unless legally required to obtain separate consent.  We may disclose your personal information in response to subpoenas, warrants, court orders or other legal process, or to comply with relevant laws.  We may also share your personal information in order to establish or exercise our legal rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property or a violation of our Terms of Service. 

Public

Some areas of our Websites may offer forums or provide the opportunity for users to post comments or reviews in a public forum. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information.


If you decide to submit your personal information in these areas, you do so at your own risk and acknowledge that the information will be publically-available.  The information you submit, including personal information will be stored as User Information and Support.

Service Providers 

We may share your personal information with our service providers that need access to your information to provide operational or other support services on our behalf.  Among other things, service providers may help us to administer the Website, support our provision of services requested by you; provide technical support; send marketing, promotions and communications to you about our services; provide payment processing; and assist with other legitimate purposes permitted by law.


Aggregated Data

We may disclose aggregated information about our users, and information that does not identify any specific individual, such as groupings of demographic data and customer preferences, for new product and marketing development.


HOW LONG DO WE STORE YOUR PERSONAL INFORMATION? 

We will retain your personal information as needed to fulfill the purposes for which it was collected.  We will retain and use your personal information as long as necessary to comply with our business requirements and legal obligations, to resolve disputes, to protect our assets, to provide our services, and to enforce our agreements.

When we, in our sole discretion, believe we no longer have a purpose to retain your personal information, we will securely destroy your personal information in accordance with applicable law and our policies. We take reasonable steps to delete the personal information we collect if  you ask us to delete your information, unless we determine that doing so would violate our existing, legitimate legal, regulatory, dispute resolution, contractual, or similar obligations.  To the extent permitted by law, we may retain and use anonymous and aggregated information for performance reporting, benchmarking, and analytic purposes and for product and service improvement.

HOW DO WE PROTECT YOUR INFORMATION?

We have put in place reasonable and appropriate security measures to protect the personal information that you share with us from being accidentally lost, used, altered, or disclosed or accessed in an unauthorized manner. From time to time, we review our security procedures to consider appropriate new technology and methods. 

While our security measures seek to protect your personal information in our possession, no security system is perfect, and no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our Site, and you do so at your own risk.  We cannot promise that your personal information will remain absolutely secure in all circumstances.  We are not responsible for circumvention of any privacy settings or security measures we provide.  

The safety and security of your personal information also depends on you. Where you use a password for access to restricted parts of the Site, you are responsible for keeping the password confidential.  Do not share your password with anyone.

RIGHTS AND CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

Please use the Contact Us details at the end of this Policy to exercise your rights and choices under this Policy.  If you would like to manage, change, limit, or delete your personal information or if you no longer want to receive any email, postal mail, or telephone contact from us or our affiliates in the future, such requests may be submitted via the Contact Us details at the end of this Policy.

Email Opt-Out. If you no longer wish to receive communications from us via email, you may opt-out by contacting us and providing your full name, mailing address, phone number, and email address so that we may identify you in the opt-out process.  Once we receive your instruction, we will promptly take corrective action.

Cookies.  As discussed above, you can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.  If you disable or refuse cookies, please note that some parts of the Site may then be inaccessible or not function properly.

Disclosure of Your Information for Third-Party Advertising.  We do not share your personal information with unaffiliated third parties for promotional purposes.

Updating Your Personal Information. If any of the personal information you have provided to us changes, please let us know.  For instance, if your email address changes, you may wish to cancel any request you have made of us; or, if you become aware of inaccurate personal information about you, you may use the “Contact Us” details provided at the end of this Policy to update your information.    We are not responsible for any losses arising from any inaccurate, inauthentic, deficient or incomplete personal data that you provide to us. 

Right of Access.  If required by law, upon request, we will grant reasonable access to the personal information that we hold about you.

Right to Object. In certain circumstances, if permitted under applicable law, you have the right to object to processing of your personal information and to ask us to erase or restrict our use of your personal information.  If you would like us to stop using your personal information, please contact us, and we will let you know if are able to agree to your request. 

Right to Erasure and Deletion of Your Personal Information. You may have a legal right  to request that we delete your personal information when it is no longer necessary for the purposes for which it was collected, or when, among other things, your personal information has been unlawfully processed.  All deletion requests should be sent to the address noted in the Contact Us section of this Policy.  If you would like us to delete your personal information, please contact us, and we will let you know if are able to agree to your request.

We may decide to delete your personal information if we believe it is incomplete, inaccurate, or that our continued storage of your personal information is contrary to our legal obligations or business objectives.  When we delete personal information, it will be removed from our active servers and databases and the Site; but, it may remain in our archives when it is not practical or possible to delete it.  We may also retain your personal information as needed to comply with our legal obligations, resolve disputes, or enforce any agreements.

Right to Withdraw Consent.  If you have provided your consent to the collection, processing, and transfer of your personal information, you may have the right to fully or partially withdraw your consent.  To withdraw your consent, please notify us using the information in the Contact Us section of this Policy.  Once we have received notice that you have withdrawn your consent, in whole or in part, we will no longer process your information for the purpose(s) to which you originally consented and have since withdrawn unless there are compelling legitimate grounds for further processing that override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.  Withdrawal of consent to receive marketing communications will not affect the processing of personal information for the provision of our services.

Online Tracking.  We do not currently recognize browser settings or signals of tracking preferences, which may include “Do Not Track” instructions.  “Do Not Track” is a web browser setting that seeks to disable the tracking of individual users’ browsing activities.  We adhere to the standards set out in this Policy and do not currently respond to “Do Not Track” signals on the Site or on third-party websites or online services where we may collect information.

California Residents. Under California Civil Code Section 1798.83, California residents who provide personal information in obtaining products or services for personal, family, or household use may be entitled to request and obtain from us once a calendar year information about the information we shared, if any, with other businesses for direct marketing uses. At present, we do not share your personal information with third parties. Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing, if any, will be included in our response. As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at any time by contacting us using the email in the Contact Us section below. 

THIRD PARTY SITES

This Policy is applicable only to the Site, and it does not apply to any third party websites.  

The Site may contain links to, and media and other content from, third-party websites.  These links are to external websites and third parties with which we have no relationship.  Because of the dynamic media capabilities of the Site, it may not be clear to you which links are to the Site and which are to external, third party websites.  If you click on an embedded third-party link, you will be redirected away from the Site to the external third-party website.  You can check the URL to confirm that you have left this Site.

We cannot and do not (i) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by any third parties or their websites, (ii) control third parties’ independent collection or use or your personal information, or (iii) endorse any third party information, products, services or websites that may be reached through embedded links on this Site.

Any personal information provided by you or automatically collected from you by a third party will be governed by that party’s privacy policy and terms of use.  If you are unsure whether a website is controlled, affiliated, or managed by us, you should review the privacy policy and practices applicable to each linked website.

CHILDREN’S ONLINE PRIVACY PROTECTION ACT COMPLIANCE

We are committed to protecting the privacy of children.  The Children’s Online Privacy Protection Act (“COPPA”), as well as other data privacy regulations, restrict the collection, use, or disclosure of personal information from and about children on the Internet.  Our Site, products, and services are not directed to children under the age of 18, nor is information knowingly collected from children under the age of 18.  No one under the age of 18 may access, browse, or use the Site or provide any information to or on the Site.  If you are under 18, please do not use or provide any information on the Site (including, for example, your name, telephone number, email address, and username).  If we learn that we have collected or received personal information from a child under the age of 18 without a parent’s or legal guardian’s consent, we will take steps to stop collecting that information and delete it. If you believe we might have any information from or about a child under the age of 18, please contact us using the contact information provided below.

For more information about COPPA, please visit the Federal Trade Commission's website at: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule.

UPDATES AND CHANGES TO THIS POLICY

We reserve the right, at any time and without notice, to add to, change, update, or modify this Privacy Policy to reflect any changes to the way in which we treat your personal information or in response to changes in law. Should this Policy change, we will post all changes we make to this Policy on this page.  Any such changes, updates or modifications shall be effective immediately upon posting on the Site. The date on which this policy was last modified is identified at the beginning of this Policy.

You are expected to, and you acknowledge and agree that it is your responsibility to, carefully review this Policy prior to using the Site, and from time to time, so you are aware of any changes.  Your continued use of the Site after the “Last Modified” date will constitute your acceptance of and agreement to such changes and to our collection and sharing of your personal information according to the terms of the then-current Policy.  If you do not agree with this Policy and our practices, do not access, view, or use any part of the Site.

CONTACT US

For more information, or if you have any questions regarding this Privacy Policy, wish to exercise your rights, or wish to lodge a complaint with us, you may contact us using the information below, and we will do our best to assist you. Please note, if your communication is sensitive, you may wish to contact us by postal mail or telephone.

In Writing: Seamless Health Indemnity Plan LLC 

7205 Dallas Pkwy #800 Plano, TX 75024

By Telephone: 1-877-257-2788

By Email: info@seamlesshealthga.com