Premier Health

October 22, 2024

Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY CHECKING THE BOX, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, IMMEDIATELY EXIT THIS WEBSITE AND DO NOT USE THE SERVICES.

These Terms and Conditions are among Premier Health, its affiliates and their successors, assigns, directors, officers, managers, employees, agents, service providers and/or authorized representatives (collectively referred to as, "Premier Health” and you (referred to as, "You" or “Your”). This Agreement is effective as of the date You checked the box agreeing to these Terms and Conditions (the “Effective Date”). Your use of and our provision of the services are governed by these Terms and Conditions.

YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS AND ANY DOCUMENTS OR POLICIES THAT THESE TERMS AND CONDITIONS REFERENCE (WHICH ARE INCORPORATED HEREIN BY REFERENCE), AND ALL OTHER OPERATING RULES, POLICIES, PROCEDURES, AND ANY FUTURE MODIFICATIONS THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE WEBSITE OR OTHERWISE MADE AVAILABLE TO YOU (COLLECTIVELY, “TERMS”). YOU AGREE THAT ANY PERSON CHECKING THE BOX ON YOUR BEHALF HAS BEEN AUTHORIZED TO DO SO AND THE PERSON CHECKING THE BOX TO THESE TERMS ON YOUR BEHALF REPRESENTS THAT THEY HAVE THE AUTHORITY TO BIND YOU TO THESE TERMS. YOU WILL BE AUTOMATICALLY DEEMED TO HAVE AUTHORIZED ACCEPTANCE OF THESE TERMS CHECKED BY SOMEONE ON YOUR BEHALF IF YOU DO NOT FILE A DISPUTE WITHIN SIXTY (60) DAYS AFTER SAID AUTHORIZATION.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES OR THIS WEBSITE.

SERVICES ARE SOLELY FOR USE BY INDIVIDUALS EIGHTEEN YEARS AND OLDER AND LOCATED IN THE UNITED STATES.

Premier Health provides the materials contained on this website as a service to our customers and/or visitors ("Visitors"). Premier Health requires that Visitors to this website adhere and agree to these Terms. By accessing this website and any of its pages, You indicate Your acknowledgement of and Your agreement to these Terms without limitation or qualification. Premier Health may revise the Terms at any time by updating this posting, which revisions will be binding upon all Visitors to this website. You should therefore review the Terms each time as You visit this website.

Subject to and condition on Your compliance with these Terms, You are granted access to this website solely for the limited purpose of managing Your account with Premier Health You are not permitted to access this website for any other purpose. Without limiting the generality of the foregoing, You may not:

  • copy, modify, or create derivative works or improvements of the Site.
  • reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Site, in whole or in part.
  • bypass or breach any security device or protection used by the Site
  • input, upload, transmit, or otherwise provide to or through the Site any information or materials that are inaccurate, incomplete, misleading, unlawful or injurious, or contain, transmit, viruses, worms, or activate any harmful code.
  • damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the Site.
  • access or use the Site for purposes of competitive analysis of the Site, the development, provision, or use of a competing software service or product or any other purpose that is detrimental or commercial disadvantageous.

Laws and Regulations

Your access to and use of this website is subject to all applicable federal, state and local laws and regulations. Unauthorized use of this Site is prohibited, and violators can be prosecuted under federal and state laws. Ohio State law and Federal law will govern the interpretation and enforcement of these Terms (without giving effect to its conflicts of law principles). You agree and consent to the personal and exclusive jurisdiction of the federal and state courts of Montgomery County, Ohio.

Electronic Authorization Consent

To use this Site and any associated online services, You must agree to receive these Terms electronically. You must also agree that Your electronic acceptance of these Terms will constitute a valid and binding electronic signature that will have the same force and effect as a handwritten signature by You. If You do not agree to Your use of electronic signature, You must immediately exit this website.

To access and retain the information subject to Your consent, You must have or have access to equipment that meets the hardware and software requirements:

  • Windows operating system or Macintosh OS X.
  • Internet access and an internet browser which supports HTML 4.0, SSL encryption, Cookies and JavaScript.
  • Adobe Reader
  • For Windows users, the latest version of one of the following free web browsers:
    • Microsoft Edge
    • Mozilla Firefox
    • Google Chrome
  • For Macintosh users, the latest version of one of the following web browsers:
    • Apple Safari
    • Mozilla Firefox
    • Google Chrome

Certain older web browsers may not be supported by this Site. If You are using an outdated version, You may need to update it in order to access Your account(s) online.

To print these Terms, communications or any other documents, You must have a printer connected to Your computer. To download these Terms, communications or any other documents, You must have sufficient hard drive space to store the relevant materials.

By consenting to this Electronic Authorization Consent, You agree that You have the requisite hardware and software requirements as described above. If, in the future, You no longer have access to a computer that meets the hardware and software requirements, please contact Premier Health at (888) 566-4856 and immediately exit this website.

Consent to Contact via Phone (Mobile or Landline) or Electronic Mail

You agree that Premier Health may contact you at any email address or telephone number (including telephone numbers which could result in charges to you) provided by You directly through Premier Health or this website or provided by You through any means, whether in the past, present, or future. You agree that Premier Health may contact You using pre-recorded or artificial voice messages, an automated telephone dialing system or text messages. You acknowledge that text messages and email are inherently insecure and that there are risks involved when using them. Some risks include that they may (1) be forwarded to third parties, printed, stored in multiple electronic forms, and may be received by an unintended recipient or sent to an unintended recipient; (2) be used in court; (3) be intercepted and read by third parties; and (4) exist even after You "delete" them. You consent to receive calls, emails, and text messages from Premier Health for any reason including, but not limited to, account maintenance, transactions and servicing and Your payments.

Trademark Information

Premier Health and its logo are trademarks of Premier Health. All other trademarks, servicemarks, and trade names referenced in this material are the property of their respective owners. Nothing contained at this website shall be construed as granting by implication, estoppel, or otherwise, any license or right under any patent, trademark, copyright (except as expressly stated above) or proprietary rights of Premier Health or of any third party.

You are authorized by Premier Health to copy, transmit or display any information registered or owned by Premier Health on any page of this website solely for Your personal, non-commercial use, provided that any such copy, transmission or display includes any copyright, trademark or servicemark attribution as it appears on such page. The information and materials contained at this website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work or otherwise used for commercial or public purposes without Premier Health’s prior written consent.

This website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Certain images and information at this website are the copyright or trademark of third parties and any use is subject to the terms and conditions of such third parties.

Limitation of Liabilities and Warranties

INFORMATION ON AND ACCESS TO THIS WEBSITE IS PROVIDED "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU

The information contained at this website may include technical inaccuracies or typographical errors. Premier Health from time to time amends, changes, adds, deletes, updates or alters the information contained at this website, including these Terms, without notice. Premier Health assumes no liability for any errors or omissions in the information contained at this website and expressly disclaims any responsibility to update the information contained at this website. Your access to and use of this website is at Your own risk.

IN NO EVENT SHALL PREMIER HEALTH BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER PERSONAL INJURY OR COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THE USE, COPYING OR DISPLAY OF, OR THE INTERACTION OR ANY OTHER FORM OF COMMUNICATION WITH, THIS WEBSITE AND THE INFORMATION CONTAINED AT THIS WEBSITE (INCLUDING VIA COMPUTER VIRUSES OR ANY OTHER FORM OF SOFTWARE), REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, GUARANTEE OR CONDITION, OR OTHERWISE) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES. IN NO EVENT SHALL PREMIER HEALTH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Marketing

Regardless of whether You have chosen to opt out of certain marketing offers from Premier Health, by using this website, You agree that Premier Health may market their services and the services of other companies on this website through the use of banner ads, "hyper-links", and other similar marketing devices. Products offered will be at the sole discretion of Premier Health, and may be provided by companies not affiliated with Premier Health. Non-affiliated companies will be solely responsible and liable for the provision of or failure to provide stated services, benefits, or products. Premier Health does not endorse or guarantee products or services provided by non-affiliated companies.

Links to Other Internet Web Sites

Some of the web sites listed as links herein are not under the control of Premier Health, but rather are exclusively controlled by third parties. Accordingly, Premier Health makes no representations, warranties, guarantees whatsoever concerning such web sites. Although Premier Health may provide a link to a third party, such a link is not an authorization, endorsement, sponsorship or affiliation by Premier Health with respect to such web site, its owners or its providers. Premier Health is providing these links only as a convenience to You. Premier Health has not tested any information, products or software found on such web sites and therefore cannot, and will not, make any representations whatsoever with respect thereto. It is up to You to take precautions to ensure that whatever You select is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

Feedback

Any comments or materials sent to Premier Health, including feedback data, such as questions, comments, suggestions or the like regarding the content of any such documents (collectively, "Feedback"), shall be deemed to be the property of Premier Health. If such Feedback is deemed not to be property of Premier Health, You hereby grant Premier Health a perpetual, world-wide, irrevocable, exclusive license under all rights necessary to incorporate and use Your Feedback for any purpose; that shall vest immediately. Premier Health shall have no additional obligations with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, Premier Health shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback. Demographic and payment information submitted to Premier Health shall be treated confidentially to the extent required by applicable law or as disclosed in the application.

Violations of Terms and Conditions

Premier Health reserves the right to seek all remedies available at law and in equity for violations of the Terms, including the right to block access from a particular Internet address to this website. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PREMIER HEALTH FROM ANY LIABILITY, LOSS, CLAIM, DAMAGE AND EXPENSE, INCLUDING ATTORNEYS' FEES AND OTHER RELATED COSTS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH YOUR VIOLATION OF THE TERMS OR YOUR USE OF THE SERVICES AND INFORMATION PROVIDED AT THIS WEBSITE.

Class and Jury Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND PREMIER HEALTH AGREE THAT ANY DISPUTE ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND PREMIER HEALTH KNOWINGLY AND IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR ANY TRANSACTIONS CONTEMPLATED BETWEEN THE PARTIES (WHETHER IN CONTRACT, TORT, OR STATUTE). YOU AND PREMIER HEALTH AGREE THAT ANY SUCH DISPUTE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE DISPUTE ACCRUES OTHERWISE, SUCH DISPUTE IS PERMANENTLY BARRED.