[Please Note: If you are experiencing a medical emergency, call 911 for immediate attention.]

1. Your Agreement with MedExpert and the MedExpert Member Portal

   Your use of MedExpert services, including the MedExpert Member Portal, is governed by this agreement. "MedExpert services" covers any use of MedExpert medical information conveyed by any medium (e.g., phone, web, email, postal or other delivery service, print formats); MedExpert reports; incentives programs administered by MedExpert; administrative and/or concierge assistance provided by MedExpert; and any other assistance and information provided or conveyed by MedExpert in partnership with the organization(s) that have arranged for MedExpert services and the MedExpert Member Portal to be made available to you.

2. Not Medical Advice

   The MedExpert Member Portal, and MedExpert services in general, do not offer medical advice. Any content accessed through the portal or MedExpert services is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. This content should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified healthcare provider if you are being treated for or being diagnosed with a medical condition; if you are changing a prescription; or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through the Portal or other MedExpert services. Call 911 for all medical emergencies.

3. Valid for Use in the United States Only

   You may only use MedExpert services, including the MedExpert Member Portal, if you reside in the United States and you are a member of an organization with an applicable service agreement with MedExpert, or if you are a spouse of such a member eligible to participate in a health plan provided by such an organization.

4. Your Account and Use of the MedExpert Member Portal

   Use of MedExpert services including the MedExpert Member Portal website (https://medexperthealth.com) is contingent upon participation in the MedExpert Member program offered by your health care purchaser. You must provide accurate and complete registration information any time you register to use the MedExpert Member Portal. You are responsible for the security of your passwords and for any use of your account. You must immediately notify MedExpert of any unauthorized use of your password or account by calling 1-800-999-1999 or by sending an email by following the instructions at this link: https://auth.medexperthealth.com/contact_us. (Note: you do not need to be signed in to the MedExpert Member Portal to send such an email.)

   Your use of MedExpert services, including the MedExpert Member Portal, and any content accessed through the MedExpert Member Portal must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to use MedExpert services, including the MedExpert Member Portal.

   You may not access the MedExpert Member Portal other than by the interfaces provided by the MedExpert Member Portal, and you may not interfere with or disrupt the proper operation of the MedExpert Member Portal

5. Use of Your Information

   If you create, transmit, or display health or other information while using the MedExpert Member Portal, you may provide only information that you own or have the right to use. The MedExpert Member Portal may only use health information you provide as permitted by the MedExpert Member Portal Privacy Policy and applicable law. The MedExpert Member Portal is fully compliant with the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder ("HIPAA"). MedExpert does not sell or license your information to other entities. MedExpert limits use of your private medical information to use on your behalf.

6. Content and Services Accessed through the MedExpert Member Portal

   USE OF THESE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT YOUR OWN RISK. MEDEXPERT AND THE MEDEXPERT MEMBER PORTAL MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY CONTENT.

7. Modification and Termination of the MedExpert Member Portal

   MedExpert may place limits on, modify, suspend or terminate the MedExpert Member Portal website generally, and may suspend or terminate your use of the MedExpert Member Portal, if you fail to comply with this agreement. This suspension or termination may result in deletion of your information, files, and other previously available content.

8. Changes to this Agreement

   MedExpert may change this agreement, in which case MedExpert will post the modified agreement on the https://medexperthealth.com website. If MedExpert makes a material change in the way MedExpert handles personal information, MedExpert will post a notice prominently on this website in advance of the change. Continued use of the MedExpert Member Portal after the effective date of any changes will constitute your acceptance of the modified agreement.

9. Exclusion of Warranties

   NEITHER MEDEXPERT NOR ANY OF THE MEDEXPERT MEMBER PORTAL'S LICENSORS MAKE ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER MEDEXPERT NOR ANY OF THE MEDEXPERT MEMBER PORTAL'S LICENSORS MAKE ANY WARRANTY THAT THE CONTENT IN THE MEDEXPERT MEMBER PORTAL SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE IF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. CONTENT IN THE MEDEXPERT MEMBER PORTAL IS DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER MEDEXPERT NOR ANY OF THE MEDEXPERT MEMBER PORTAL'S LICENSORS MAKE ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY.

10. Limitation of Liability

    NEITHER YOU NOR MEDEXPERT OR ANY MEDEXPERT MEMBER PORTAL LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION.

    NEITHER YOU NOR MEDEXPERT OR ANY OF THE MEDEXPERT PORTAL LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN $1,000.

    The limitations of liability in this Section do not apply to breaches of intellectual property provisions or indemnification obligations.

11. General Legal Terms

    If you have not signed a separate written agreement related to the MedExpert Member Portal, this agreement is the entire agreement between you and your health care purchaser related to the MedExpert Member Portal, replacing any prior agreements. If there is any conflict between this agreement and a signed written agreement between you and your health care purchaser related to the MedExpert Member Portal, the signed written agreement will control.

    The MedExpert Member Portal's Licensors may be third-party beneficiaries to this agreement. There are no other third-party beneficiaries to this agreement. The parties are independent contractors, and nothing in this agreement creates an agency, partnership, or joint venture.

    If the MedExpert Member Portal provides you with a translation of the English language version of this agreement, the English language version of this agreement will control if there is any conflict.

    Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.

    This agreement is governed by California law, excluding California's choice-of-law rules. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS ALAMEDA COUNTY, CALIFORNIA. YOU AND THE MEDEXPERT MEMBER PORTAL CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. Nothing in this agreement limits either party's ability to seek equitable relief.

    March 2019