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Terms of Use

These Terms of Use govern any use by any person (referred to as “you” or “your”) of the website of MVP Health Care, Inc. and its affiliates (referred to collectively as “we,” “us” or “our”) located at mvphealthcare.com and any micro sites maintained by us, including all of the pages of that website or those micro sites (we refer to these collectively as our “Websites”), all of which will have a link to these Terms of Use, and including the mobile applications we make available for your download and use through a smartphone or other mobile device (our “Mobile Apps”).

We provide our products and services through affiliates, including MVP Health Services, Corp., MVP Health Insurance Co., and MVP Select Care, Inc.

Agreement

  • By accessing or using our Websites or Mobile Apps in any way, you are agreeing to these Terms of Use as the binding, complete and exclusive agreement between you and us, including the other documents we refer to in these Terms of Service (collectively, we refer to these Terms of Use and those documents as the “Agreement”). We may change these Terms of Use by posting a new version at our Websites, and upon posting the Agreement is modified to include the new version. No other written terms, and no oral communications of any nature, are part of the Agreement. The Agreement may not be changed or terminated orally. The Agreement supersedes any preceding agreement between the parties relating to our Websites or our Mobile Apps, including any prior version of these Terms of Service.
  • The downloading and use of our Mobile Apps is also subject to the terms and conditions of the online stores from which they are downloaded.
  • The Agreement is also subject to the documents we post at our Notice of Privacy Practices & Compliance page located on mvphealthcare.com.

Websites and Mobile Apps

  • Our Websites and our Mobile Apps provide general information about MVP products and services, and certain information and means of communications with us to assist our members, providers, brokers and employers using or paying for our products and services and those products and services of ours to be provided to their employees and family members.
  • The descriptions of products and services on our Websites and Mobile Apps are not offers to sell or solicitations in connection with any product or service. All of our products and services are not available in all areas or to all parties, and are subject to applicable laws and regulations. If you are interested in a particular product or service, contact us to request a complete description of the product or service, as well as information regarding its availability. Our products and services are only provided after execution by us and our customer of a written agreement, and then they are subject to the terms of that written agreement and applicable laws, regulations and other government requirements.
  • The information contained on our Websites and our Mobile Apps is inherently limited in nature, does not contain all applicable terms, conditions, limitations, or exclusions of the products and services referenced, may contain inaccuracies, typographical errors, and is subject to change without notice.
  • We may discontinue all or any portion of our Websites or Mobile Apps at any time, without any notice, and our Websites or Mobile Apps may not be available at all times or at all.
  • The listing of a health care professional in our Websites’ or Mobile Apps’ directory does not guarantee that the services rendered by that professional are covered under your specific medical plan, and is not a recommendation regarding those services. Check your official plan documents, or call the number listed on the back of your ID card for information about the services covered under your plan benefits.
  • The information contained on our Websites and our Mobile App is not medical advice. That information should not be used in place of or in addition to the advice of health care professionals. You should see a health care professional if you have a specific health care question or concern.

Access and Required Equipment

  • You are solely responsible for properly connecting to our Websites and our Mobile Apps. You are solely responsible for the proper operation of your computer or other device used to access our Websites, the required browser software and the connection between your computer and the internet.  You are also solely responsible for your smartphone or other mobile device you use to download and operate our Mobile Apps and the telecommunications services required for that operation.  You are responsible for the security of your computer or other device used to access our Websites and your smartphone or other mobile device you use to download and operate our Mobile Apps, and of the materials you download from or through our Websites and Mobile Apps.
  • Actual features of our Mobile Apps, and their performance, may vary based on your mobile device, your communications plan and your individual security profile.  Standard mobile phone carrier and data usage charges may apply to your use of our Mobile Apps.

myMVP Mobile App

  • Use of the myMVP Mobile App does not guarantee coverage of services. You must refer to your Summary Plan Description or Post Enrollment Materials for an explanation of your health plan benefits.
  • Use of the electronic ID Card provided through the myMVP Mobile App is limited to the member(s) named on the electronic ID Card. The electronic ID Card available through the Mobile App is provided for the same use as the physical ID Card mailed to you by MVP.
  • You are solely responsible for the proper use, storage, security, and communication of the electronic ID Card provided through the myMVP Mobile App.

Ownership and License

  • Our Websites and Mobile Apps and the materials available at each are copyrighted by us or our licensors, and all rights are reserved by us. No ownership right is granted to you by us, whether or not you use or download any item from our Websites or Mobile Apps.
  • You are hereby granted a limited license to use the materials on our Websites and Mobile Apps in the form we provide for personal, non-commercial use only, and only so long as you comply with the terms of the Agreement. You agree not to display, publish, broadcast or sell any material received from our Websites or our Mobile Apps, attempt to derive or reverse engineer any of the code available at or through our Websites and Mobile Apps, attempt to discover, breach or alter the security measures of our Websites and Mobile Apps, or in any other manner infringe any intellectual property or proprietary interests of ours or our licensors in such materials. You also agree not to remove or alter any trademarks, copyright notices or related visual marks and logos from the information provided or from any authorized reproductions of such materials. Any derivative works, reproduction, distribution, republication, or retransmission of any materials posted on our Websites or Mobile Apps in whole or part for any reason except personal use is prohibited without our prior written consent. You may not create links to or from our Websites or Mobile Apps or “frame” or “mirror” any portion of our Websites or Mobile Apps.
  • We grant the right to owners of other web sites to link to our Websites for informational purposes only provided that (a) the linked web site links to our Websites for a valid purpose and does not contain any unlawful, obscene, pornographic or defamatory materials, and does not disparage, or adversely affect our name, reputation and goodwill, and (b) the owner of the linked site will indemnify, defend and hold us harmless from and against all claims, demands, lawsuits and other proceedings and all damages, expenses, fines and penalties, including attorney’s fees, arising out of their failure to comply with their obligations under this provision.  We may terminate the right to link to our Websites at any time.
  • In our Websites or Mobile Apps, we may provide links to third party websites or materials; your access of such third party websites and materials is at your sole risk, we do not endorse, control or review such websites and materials, and we are not responsible for such websites and materials.
  • You may in your discretion provide suggestions to us for changes to in our Websites or Mobile Apps or to our other products and services, new products or services, or other ideas for our business (“Suggestions”), and we welcome Suggestions.  By submitting a Suggestion, you hereby grant to us a worldwide, non-exclusive, royalty-free, unrestricted, sublicenseable, transferable and irrevocable (on any basis whatsoever) license to use the Suggestion in any way we determine without any compensation, attribution, accounting or other obligation to you.

Limitations

  • We cannot guarantee and do not warrant that materials available at our Websites or Mobile Apps is free of viruses and other malware that can harm your computer or smart device  or allow an unauthorized third party access to the information available on or through your computer or smart device.
  • Your use of our Websites and Mobile Apps and the information and materials contained on our Websites and Mobile Apps is at your own risk. TO THE EXTENT PERMITTED BY LAW, WE DO NOT WARRANT, REPRESENT OR GUARANTEE THE ACCURACY, TIMELINESS, AVAILABILITY, OPERATION, SECURITY OR COMPLETENESS OF OUR WEBSITES OR MOBILE APPS, OR ANY OF THE INFORMATION OR GRAPHICS CONTAINED ON OUR WEBSITES OR MOBILE APPS. OUR WEBSITES AND MOBILE APPS AND ALL MATERIALS CONTAINED ON OR ACCESSED THROUGH OUR WEBSITES AND MOBILE APPS, INCLUDING BUT NOT LIMITED TO INFORMATION, GRAPHICS, AUDIO, VIDEO, SOFTWARE, AND OTHER DATA, IF ANY, ARE PROVIDED “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
  • We have no duty to update or keep current our Websites or Mobile Apps, and disclaim any responsibility for the content or accuracy of the information contained on, or the availability of, our Websites and Mobile Application. To the extent permitted by law, we will not be liable for: (1) any decision made or action taken by you or anyone else in reliance on materials or information obtained or downloaded from our Websites or Mobile Apps; or (2) any direct, indirect, consequential, incidental, special or other damages even if we are advised of the possibility of such damages. You expressly agree that in no event will we be liable for any loss or damages arising from the use of our Websites or the Mobile Apps, or any information on or accessed through our Websites or Mobile Apps.

Other Provisions

  • Except as expressly stated upon initial access to a specific portion of our Websites or Mobile Apps, we do not direct any content to minor children and do not intend to collect personal information from minor children, and therefore we are not subject to the Children’s Online Privacy Protection Act.  If you as a parent or legal guardian allow a minor child to access and use our Websites or Mobile Apps, you are solely responsible for the minor child’s actions, monitoring the minor child’s access to and use of our Websites and Mobile Apps, and the provision of information to us relating to such minor child.
  • We reserve the right to terminate any access to our Websites and Mobile Apps that we can so terminate.
  • We do not interfere with standard technical measures taken by copyright owners to protect their materials.  We have implemented procedures for receiving written notification of claims infringements and for processing such claims in accordance with the Digital Millennium Copyright Act and other applicable laws.  Our designated agent to receive notification of claimed infringement is:
  • Mail:
    625 State Street
    PO Box 2207
    Schenectady, NY 12301-2207
    Phone: 1-800-825-5687
    Email: legal@mvphealthcare.com
  • Any notice regarding infringement of a third party’s rights must include the signature and contact information of a person authorized to act on behalf of the owner of the right being infringed or other person whose rights are being violated, identification of the work infringed or a representative list of such works located at a single site, identification of the materials claimed to be infringing, including the location of such materials, a statement that the person has a good faith believe that the claimed infringement is not authorized by the owner, an agent or the law.
  • Waiver of any breach of the Agreement will not be a waiver of any future breach. Failure by us to enforce any provision of the Agreement, for any reason, will not affect our right to subsequently enforce that or any other provision of the Agreement.
  • Our Websites and Mobile Apps are made available for use from within the United States by persons residing in and subject to the laws of the United States. We do not conduct business outside the United States, and do not intentionally solicit or obtain information from persons located outside the United States.
  • The Agreement and all rights and obligations of the parties arising under or relating in any way to our Websites or our Mobile Apps or the information or materials accessed on our Websites or Mobile Apps will be governed by and construed in accordance with the laws of the State of New York applied to contracts entered into and actions occurring within the State of New York and excluding choice of law principles.
  • By using our Websites or Mobile Apps, or accessing, transmitting or viewing any information within our Websites or Mobile Apps, you agree to the exclusive personal and subject matter jurisdiction and venue of the courts located in Albany County in the State of New York.
  • We comply with all applicable civil rights laws, and we do not discriminate on the basis of race, color, national origin, age, disability, gender, gender identity, military service or any other basis prohibited by law.  We provide services in compliance with applicable law to permit persons with disabilities to communicate effectively with us, including interpretation services.  If you need such services, please contact our customer service at the toll free number on your ID card and ask for assistance. If you believe that we have failed to provide these services or that we have discriminated in any unlawful way, you can file a grievance with us at:
  • Mail:
    625 State Street
    PO Box 2207
    Schenectady, NY 12301-2207
    Phone: 1-800-825-5687
    Email: legal@mvphealthcare.com
  • You can also file a civil rights complaint with the U.S. Department of Health and Human Services, Office for Civil Rights electronically here, by email to OCRMail@hhs.gov or by phone at 1-800-537-7697.

Version

  • This version of the Terms of Use was updated March 15, 2019.