RELEASE AND AUTHORIZATION
FOR THE RELEASE OF MEDICAL INFORMATION
To Permit Use And Disclosure Of Protected Information Pursuant To The
Health Insurance Portability and Accountability Act ("HIPAA") of 1996
This release applies to any information governed by the Health Insurance Portability and
Accountability act of 1996 ("HIPAA"), 42 U.S.C. 1320d and 45 C.F.R. 16-164. I intend for My
LifePlan (R) Personnel to be treated as I would be treated with respect to my rights regarding the
use and disclosure of my individually identifiable health information and other medical records.
I authorize the disclosure of any information governed by HIPAA to be provided to the following
My LifePlan Personnel: those employees, officers, attorneys and agents of My LifePlan, its
subsidiaries and affiliates and any firm of corporation controlled by, or under common control of,
Accordingly, I hereby authorize any physician, health-care professional, dentist, health plan,
hospital, clinic, laboratory, pharmacy or other covered health-care provider, any insurance
company and the Medical Information Bureau, Inc., or other health-care clearinghouse that has
provided treatment or services to me, or that has paid for or is seeking payment from me for such
services, to give, disclose and release to any My LifePlan Personnel named herein and who is
currently serving as such, without restriction, all of my individually identifiable health information
and medical records regarding any past, present or future medical or mental health condition,
including all information relating to the diagnosis and treatment of HIV/AIDS, sexually transmitted
diseases, mental illness, and drug and alcohol abuse.
This authority given to any My LifePlan Personnel shall supersede any prior agreement that I may
have made with my health-care providers to restrict access to or disclosure of my individually
identifiable health information. The individually identifiable health information and other medical
records given, disclosed, or released to any My LifePlan Personnel may be subject to
redisclosure by such My LifePlan Personnel and may no longer be protected by HIPAA. This
authority given to any My LifePlan Personnel named herein has no expiration date and shall
expire only in the event that I revoke this HIPAA Release in writing to the address below and
deliver it to my health-care provider. There are no exceptions to my right to revoke this HIPAA
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE COMPLETING THE REGISTRATION PROCESS.
This Subscriber Agreement ("Agreement") is made between MyChoice Solutions, LLC and its Affiliates ("My LifePlan" or "we" or "our")
and any person ("Subscriber" or "you" or "your") who completes the My LifePlan(r) registration process. By completing the registration process,
you will be able to open and maintain an account on our website ("Site"). On the Site, we provide a secure, online, advanced directives
informational database system and service ("Service"). In this Agreement, My LifePlan and you may also be referred to individually as
a "Party" and collectively as the "Parties".
Capitalized terms used in this Agreement but not defined have the meaning set forth in the Site Terms & Conditions and/or Site HIPAA Policy.
The term "Affiliates" means those entities, which now exist or are hereafter organized, that directly or indirectly control, are controlled by,
or are under common control with MyChoice Solutions, LLC all of which are third-party beneficiaries to this Agreement.
CONSENT TO USE OF SITE
the HIPAA Release, all of which are incorporated herein by reference and deemed a part of this Agreement. If there is a discrepancy
between the Site Terms & Conditions and this Agreement, this Agreement shall take precedence.
WE MAY MODIFY THIS AGREEMENT FROM TIME TO TIME AND ANY SUCH MODIFICATIONS WILL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE SITE.
YOU AGREE TO REVIEW THIS AGREEMENT, AS POSTED ON THE SITE, EACH TIME YOU ACCESS THE SITE OR LOG INTO YOUR ACCOUNT SO THAT YOU ARE
AWARE OF ANY MODIFICATIONS TO THIS AGREEMENT AND YOUR CONTINUED USE OF THE SERVICE SHALL BE DEEMED YOUR ACCEPTANCE OF THE MODIFIED TERMS AND CONDITIONS.
BY CHECKING THE AGREE BOX OR BY ACCESSING OR USING THE SERVICE, OR BY ACCEPTING, ACCESSING, USING, DOWNLOADING AND/OR INSTALLING
ANY INFORMATION, SERVICE CONTENT (AS DEFINED BELOW) OR SERVICE FROM MY LIFEPLAN, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND
BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT,
YOU MUST IMMEDIATELY STOP ALL ACCESS AND USE OF ANY INFORMATION, SERVICE CONTENT OR SERVICE AND PROMPTLY DELETE AND/OR
UNINSTALL ANY DOWNLOADS AND COPIES OF INFORMATION, SERVICE CONTENT AND/OR SERVICE.
Description of Service. The Service is proprietary to My LifePlan and is protected by intellectual property laws and other laws.
Your access to the Service is licensed and not sold. You shall not acquire any title, ownership or other rights to the Service
and Service Content, except for the non-exclusive, limited right to use the Service and Service Content under the terms of
this Agreement. Subject to the timely payment of all fees and the terms and conditions set forth in this Agreement,
My LifePlan agrees to provide you with a personal, non-transferable account that enables you to access and use the
Service and Service Content. Other than as expressly set forth in this Agreement, you are granted no licenses or other rights
in the Service, any Service Content or other intellectual property of My LifePlan. My LifePlan's licensors, suppliers and vendors
reserve all rights not expressly and unambiguously granted to you.
Biometric Scan. As part of the Service you may have the option to elect to have your finger print scanned by a My LifePlan representative.
This option may not be available in all areas. In the event you elect this option and it is available in your area, then your election is
subject to and conditioned on your agreement and completion of the My LifePlan Biometric Scan Terms and Conditions (Client) agreement,
which is incorporated herein by reference and deemed a part of this Agreement. In the event you elect this option and it is available
in your area, please contact My LifePlan to schedule the finger print scan.
Accessibility. You acknowledge and agree that from time to time the Service may be inaccessible or inoperable for any reason,
including without limitation: (i) equipment malfunctions, (ii) periodic maintenance procedures or repairs; or (iii) other causes
beyond our control. Additionally, because the Service is accessed via the internet, you may have connection issues due solely to
your own internet service provider or other technological access requirements. My LifePlan is not responsible for any third party
access requirement (e.g. your internet service provider).
Equipment/Internet Access. Subscriber shall be solely responsible for providing, maintaining and ensuring compatibility with the
Service access requirements and for all hardware, software, electrical or other physical requirements for Subscriber's use of the
Service, including without limitation, telecommunications and internet service provider access, connections including wireless connections,
links, web browsers or other equipment, programs and services required to access the internet to use the Service.
Supplier Limitation. Subscriber agrees that the Service is proprietary to My LifePlan, but access to the Service may include hardware,
software elements and other proprietary materials from My LifePlan suppliers and agents that may be subject to restrictions. Consequently,
Subscriber's access to the Service may be subject to the limitations of My LifePlan's suppliers and agents. Where commercially reasonable,
My LifePlan will provide copies of such limitations to Subscriber upon written request.
Service and Service Content Availability. The Service and certain Service Content may not be available in all areas and are subject
to applicable laws and regulations. If you are interested in a particular Service or Service Content, please contact your local My LifePlan
representative to determine whether the Service or Service Content is available in your area.
DISCLAIMER/LIMITATIONS ON LIABILITY
DISCLAIMER. THE SERVICE AND SERVICE CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. THE SERVICE CONTENT IS INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION. ANY ACCESS
AND USE OF THE SERVICE AND SERVICE CONTENT IS VOLUNTARY AND AT YOUR SOLE RISK. WE WILL REGARD ALL SUCH ACCESS AND USE AS
VOLUNTARY AND AT THE SOLE RISK OF YOU, THE SUBSCRIBER. WE DO NOT WARRANT THAT THE SERVICE OR SERVICE CONTENT WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE AND/OR SERVICE CONTENT.
My LifePlan does not operate, control, supply, endorse, warrant or guarantee any information, products, services or merchandise
that is not clearly identified as information, products, services or merchandise supplied by My LifePlan.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
No Medical or Legal Advice. The information, including without limitation, text, forms (e.g. Advanced Directives, Power of Attorney),
graphics, images and information from My LifePlan and/or My LifePlan's licensors, suppliers and vendors, and any other material
provided through or as a part of the Service (collectively "Service Content") is for informational and/or consumer educational purposes
only and is not a substitute for legal advice or medical advice or treatment or for the care that patients receive from their physicians.
No Service Content is intended to be used for medical diagnosis or treatment. You should seek the advice of your physician or other qualified
health care provider with any questions regarding personal health or medical conditions. You should seek the advice of your attorney or other
qualified legal counsel with any questions regarding the forms (e.g. Advanced Directives, Power of Attorney) or other Service Content.
You should not disregard legal or medical advice, avoid or delay seeking legal or medical advice from your attorney or physician or other
qualified legal or health care provider, because of Service Content.
Neither the Service Content nor the Service are intended, and must not be taken, to constitute the rendering of legal, medical, nursing,
or professional health care advice or services, or the practice of law, medicine, nursing, or professional health care, in any jurisdiction.
If you have, or suspect that you, have a medical problem or condition, you should contact your physician or other qualified health care
provider immediately. This Agreement and the disclaimers concerning legal and medical advice apply to all Service Content, including
without limitation, material provided by or related to non-My LifePlan parties and other online health experts, provided through the Service.
LIMITATIONS ON LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MY LIFEPLAN OR ITS AFFILIATES, SUPPLIERS OR AGENTS BE LIABLE FOR
ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, AND WHICH ARISE OUT OF OR IN ANY WAY ARE CONNECTED WITH THE USE OR
PERFORMANCE OF THE SERVICE AND/OR SERVICE CONTENT, WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR WITH THE PROVISION OF OR FAILURE
TO MAKE AVAILABLE ANY SERVICE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MY LIFEPLAN, ITS AFFILIATES, SUPPLIERS AND
AGENTS SHALL BE LIABLE ONLY TO THE EXTENT OF VERIFIABLE, ACTUAL DAMAGES INCURRED BY YOU DIRECTLY RELATED TO YOUR SUBSCRIBED FOR AND
PAID FOR SERVICE, NOT TO EXCEED THE FEES YOU PAID FOR THE SERVICE IN THE ONE (1) YEAR PRIOR TO THE DATE OF THE EVENT GIVING RISE TO
SUCH DAMAGES. MY LIFEPLAN, ITS AFFILIATES, SUPPLIERS AND AGENTS IS NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR
RELIANCE ON OR USE OR MISUSE OF THE SERVICE CONTENT OR SERVICE. Any claims arising in connection with your use of the Service or any
Service Content must be brought within one (1) year of the date of the event giving rise to such action. Remedies under this Agreement
are exclusive and are limited to those expressly provided for in this Agreement. If you are dissatisfied with the Service, your sole
and exclusive remedy shall be for you to discontinue use of the Service and terminate your account.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS
OF THIS AGREEMENT AND NEITHER THE SERVICE NOR SERVICE CONTENT WOULD BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS OF LIABILITY.
HIPAA Release. We must receive your approval of the HIPAA Release in advance of the Service being activated. You may sign
the HIPAA Release electronically or in writing or indicate your consent by clicking on the box next to the HIPAA Release.
Charges and Fees. The fees associated with the Service you order are set forth on the Site. You may pay by check or money
order by submitting such to My LifePlan in accordance with the terms of the Site. If the Site enables you to pay by
credit card and you elect to pay by credit card, then you are responsible for providing a valid credit card number
at the time you register for such Service. If the Site enables you to pay by automated clearing house ("ACH") and
you elect to pay by ACH, then you are responsible for providing a valid checking account number and associated
routing number at the time you register for such Service. If you elect to pay by credit card or ACH, you represent
and warrant, as applicable, that you are an authorized user of the credit card number or checking account number
provided, and you agree to pay and/or be responsible for all charges resulting from your account for the Service
ordered at the fees then in effect, including any unauthorized charges incurred prior to you notifying My LifePlan
of such charges. In addition, if you elect to pay by credit card or ACH, you agree, as applicable, that My LifePlan
may pass your credit card information or checking account information and personally identifiable information to its
designated service provider(s) for their use in charging your credit card or checking account for the Service ordered
through your account. All Service fees are exclusive of sales and other taxes and you are responsible for payment of
any applicable federal, state, local and city taxes. You are responsible for paying the fees associated with the Service
you order at the time you register for such Service, unless otherwise expressly provided on the Site for the associated
Service. Thereafter, if you are not paying by credit card or ACH, My LifePlan will invoice you for the fees associated
with the Service you order and such invoice will be due and payable upon receipt. If you are paying by credit card or
ACH, My LifePlan will, as applicable, charge your credit card or debit your checking account we have on file, on each
annual anniversary date of the date your account was activated. My LifePlan reserves the right to modify Service fees
or establish new fees for any Service at any time for any or no reason upon posting such modifications to the Site
and such modified and/or new fee(s) will be effective on the anniversary date of the date your account was activated.
Your continued use of the Service shall be deemed your acceptance of such modified or new fees. My LifePlan reserves
the right to suspend, without notice to you, your account and Service in the event you fail to pay fees due under this Agreement.
Cancellation. If you cancel or terminate the Service after beginning the Service period, you will not receive a refund
for that period. You may cancel or terminate your account and right to use the Service at any time and such cancellation
or termination will become effective when we receive your notice of cancellation and/or termination. Notice of cancellation
or termination may be given to My LifePlan by sending an email to: email@example.com (be sure to include
your first and last name and user name and indicate within the body of the email your intent to cancel or terminate) or
by calling My LifePlan at (330) 297-7931 or (866) 297-0995. My LifePlan may terminate your account and your right to
use the Service, at any time for any or no reason, by sending you an email to your email address we have on file,
and such termination will be effective at the time we send such email, unless an alternative termination date is
specified within such email.
As of the effective time of termination or cancellation, My LifePlan will disable your access to the Service
(which My LifePlan shall attempt to do with reasonable promptness). You agree not to use or access the Service even
if your access to the Service has not yet been disabled. All of your obligations arising out of use of the Service
or otherwise under this Agreement which proceeded the effective time of termination or cancellation shall survive termination.
Upon cancellation or termination for any reason, My LifePlan has no obligation to maintain, store or to make
available to you (in any form) any data, information or material you provided to My LifePlan or otherwise
entered or submitted to the Site or as part of the Service (e.g. completed Advanced Directives). My LifePlan
reserves the right to retain any and all data, information and material you provided or otherwise entered or
submitted for any and all purposes, subject to our compliance with applicable laws and regulations.
Passwords/Unique Identifier/Security. You shall be solely responsible for the security, confidentiality and
integrity of all messages, information, material and Service Content you receive, transmit or store via the Site
and/or Services. My LifePlan has several tools that allow you to record and store information. You are responsible
for taking all reasonable steps to ensure that no unauthorized person shall have access to your account, password
or My LifePlan issued unique identifier ("MLP Identifier"). It is your sole responsibility and you agree to bear
all responsibility for the confidentiality of your password and MLP Identifier and all use or charges incurred
from use of the Service with your password and/or MLP Identifier.
Restrictions on Use. Only personal use of the Service and Service Content is permitted, which means that you may
access, download, or print Service Content for your personal, non-commercial use only. You agree not to change
or delete any copyright or proprietary notice from Service Content contained on or provided through the Site or
Service or any site accessible through this Site or Service.
Without the prior written permission of My LifePlan (or the applicable My LifePlan supplier, licensor or vendor),
you may not publish, copy, reproduce, distribute, transfer, upload, post, transmit, or otherwise use the Service
and any Service Content, in whole or in part. Requests for My LifePlan's permission to publish, copy, reproduce,
distribute, transfer, or otherwise use such Service Content should be emailed to My LifePlan at
Subscriber Submissions. You acknowledge that you are using the Service and Service Content at your own risk and you,
along with your attorney, physician or health care provider, are personally responsible for
verifying its suitability for your needs.
You agree that you will not upload or transmit any communications or content of any type through the Site or Service
that infringe or violate any rights of any party. By submitting communications or content to any public area of the
Site or by email to My LifePlan, you agree that such submission is non-confidential for all purposes.
If you make any submission or if you submit any content, business information, ideas, concepts or inventions to My LifePlan
by email, you automatically grant, or warrant that the owner of such content or intellectual property has expressly granted,
to My LifePlan a royalty-free, perpetual, irrevocable, world-wide, nonexclusive, sub-licensable (through multiple tiers)
license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display,
including digitally or electronically, the communication or content in any media or medium, or any form, format
or forum now known or hereafter developed.
Privacy. You acknowledge and agree that all personal information that you provide on or through the Site or Services is
personal and health information may be governed by federal and state laws to protect your privacy, and My LifePlan
complies with all applicable laws.
Personal Information We Collect. We collect personally identifiable information ("PII"), like your name, email address,
date of birth and zip code, that you provide to us when you register as a Subscriber to our Service and/or when you
update your Subscriber account. We use the PII that you provide to respond to your questions, provide you the specific
Service you select, send you email about our Site and/or Service, and inform you of any changes to our Site or Service.
Newsletters/Emails. At the point of creating your Subscriber account, or at other points of access to the Site or Service,
you may be given the option of receiving recurring informational/promotional newsletters and/or emails from My LifePlan
and/or directly from third party suppliers, and/or agents. These newsletters and/or emails will not contain PII. You have
the option to Opt-In to our newsletters and/or email, as well as to unsubscribe from such newsletters and/or emails.
Emails Sent to My LifePlan. This Notice of Confidentiality and Privacy Practices does not apply to content, business
information, ideas, concepts or inventions that you send to My LifePlan directly by email. If you want to keep content,
business information, ideas, concepts or inventions private or proprietary, do not send them in an email to My LifePlan.
MY LIFEPLAN'S INTELLECTUAL PROPERTY RIGHTS
Trademarks and Service Marks. My LifePlan(r), My LifePlan Healthcare Technologies(r), My LifePlan, Inc., and My Choice(r)
are trademarks or service marks of My LifePlan Holdings, Inc. (r)
Copyright. All Service Content, including the Site's design, layout and organization, are owned by, and the copyright of,
My LifePlan or its suppliers, and are protected by U.S. and international copyright law.
Indemnification. You agree to indemnify, defend, and hold harmless My LifePlan and its officers, directors, employees,
agents, licensors, and suppliers from any liability, loss, claim, action, demand, and expense
(including reasonable attorneys' fees) resulting from, or alleged to result from, your violation of this Agreement.
Governing Law/Arbitration. My LifePlan makes no claims that the Service Content or Service are appropriate or may be
downloaded or accessed outside of the United States. Access to the Service Content or Service may not be legal by
certain persons or in certain countries. If you access the Service or Service Content from outside the United States,
you do so at your own risk and are responsible for compliance with laws of your jurisdiction. This Agreement shall be
governed by and construed in accordance with the laws of Ohio, without giving effect to any principles of conflicts of
law. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, WITH THE EXCEPTION OF INJUNCTIVE RELIEF
SOUGHT BY EITHER PARTY, SHALL BE SUBMITTED TO ARBITRATION BEFORE AN ARBITRATOR AGREED UPON BY THE PARTIES, OR IF THE
PARTIES CANNOT AGREE UPON AN ARBITRATOR WITHIN THIRTY (30) DAYS, TO AN ARBITRATOR SELECTED BY THE AMERICAN ARBITRATION
ASSOCIATION OFFICE LOCATED IN CLEVELAND, OHIO. THE ARBITRATION SHALL BE CONDUCTED UNDER THE RULES THEN PREVAILING OF
THE AMERICAN ARBITRATION ASSOCIATION AND THE ARBITRATION SHALL OCCUR WITHIN RAVENNA, OHIO. THE ARBITRATOR MAY AWARD
ATTORNEYS' FEES AND COSTS AS PART OF ANY AWARD TO THE PREVAILING PARTY. THE ARBITRATOR SHALL NOT AWARD DAMAGES IN
VIOLATION OF THE TERMS OF THIS AGREEMENT. THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN
ANY COURT OF COMPETENT JURISDICTION.
Changes to Service and Service Content. My LifePlan and its suppliers may change, discontinue or modify Service Content
without notice. My LifePlan and its suppliers have no obligation to update Service Content, so Service Content may be
out of date at any given time. My LifePlan may also make improvements and/or changes in the Service at any
time without notice.
Waiver. My LifePlan's failure to insist upon strict enforcement of any provision(s) of this Agreement shall not be
construed as a waiver of any provision or right.
Minors. If you are entering into this Agreement on behalf of a minor, you represent and warrant that you are the
custodial parent or guardian of such minor and have all rights necessary to enter into this Agreement on behalf of such minor.
As indicated on the Site, you have consented to be bound by the terms and conditions of this Agreement.
Option to Print and Sign.
By completing the My LifePlan(r) registration process you agree to the terms of this Agreement. In addition,
you have the option to print and sign this Agreement and mail the completed signed Agreement to My LifePlan at:
P.O. Box 329
Garrettsville, OH 44231
Or you may hand deliver the completed signed Agreement to an authorized My LifePlan representative.
Copyright 2006-2015 - My LifePlan(r) - All Rights Reserved
My LifePlan and MyChoice are registered trademarks of My LifePlan Healthcare Technologies.
The MyChoice service is provided by MyChoice Solutions, LLC All rights reserved.
Subscriber Agreement, Ver. 03.30.2015
Terms & Conditions
By using this site, you signify your assent to these Terms & Conditions. If you do not agree to all of these
Terms & Conditions, do not use this site.
My LifePlan Healthcare Technologies(tm). Its affiliates and subsidiaries (collectively "My LifePlan(r)")
may modify these Terms & Conditions at any time, and such modifications shall be effective immediately
upon posting of the modified Terms and Conditions. Your continued use of the My LifePlan website ("Site")
will mean you accept these changes.
No Medical or Legal Advice
The information, including without limitation, text, graphics, images and information from My LifePlan's
licensors, suppliers and vendors, and any other material contained on the Site (collectively "Site Content")
is for informational and/or consumer educational purposes only and is not a substitute for legal, medical
or other professional advice or treatment or for the care that patients receive from their physicians.
Nothing on this Site is intended to be used for medical diagnosis or treatment. Always seek the advice of
a trained professional if you have any questions. You should seek the advice of your physician or other
qualified health care provider with any questions regarding personal health or medical conditions.
You should not disregard legal or medical advice, avoid or delay seeking legal or medical advice from your
attorney or physician or other qualified legal or health care provider, because of something you read on this Site.
This Site and its Site Content are not intended, and must not be taken, to constitute the rendering of legal,
medical, nursing, or professional health care advice or services, or the practice of law, medicine, nursing,
or professional health care, in any jurisdiction.
If you have or suspect that you have a medical problem or condition, you should contact your physician or
other qualified health care provider immediately. These Terms & Conditions and the disclaimers concerning
legal and medical advice apply to all Site Content, including material provided by or related to non-My LifePlan
parties and other online health experts, on this Site.
Information, services, products, materials and other resources on this Site is provided "AS IS", "AS AVAILABLE"
without 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. My LifePlan does not warrant or
guarantee that any files or information downloaded from this Site will be free of infections, viruses, worms,
Trojan horses, or other malicious code that contains contaminating or destructive properties. My LifePlan
and its suppliers and vendors disclaim all express or implied representations or warranties with regard to
the Site Content, and any other resources contained on or accessible through this Site. My LifePlan and its
suppliers and vendors do not guarantee or warranty against errors, omissions, delays, interruptions or losses,
including the loss of data. You are responsible for maintaining a means external to this Site for the
reconstruction of any lost data.
While My LifePlan will attempt to keep the Site Content contained on or accessible through this Site both
timely and accurate, My LifePlan makes no guarantees, and disclaims any implied warranty or representation
about the Site Content's or the resources' accuracy, relevance, timeliness, completeness, or appropriateness
for a particular purpose.
My LifePlan does not operate, control, supply, endorse, warrant or guarantee any information, products,
services or merchandise that is not clearly identified as information, products, services or merchandise
supplied by My LifePlan.
Your use of the Site is also subject to all additional disclaimers and caveats that may appear throughout the Site.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Use of Site Content
My LifePlan authorizes you to view or print a single copy of the Site Content on this Site solely for your
personal, noncommercial use if you include the following copyright notice on any such copy of the Site
Content: "Copyright (c) 2006-2013, My LifePlan(r) All rights reserved." Any additional copyright or other
proprietary notices contained in the Site Content must be included in any copy as well. Additional
obligations for use may be required for subscribers and clients of the Site and/or services.
My LifePlan and MyChoice are registered trademarks of My LifePlan Healthcare Technologies
The Site Content is protected by copyright under both United States and foreign laws. Title to the Site
Content will remain at all times with My LifePlan or its licensors. Any use of the Site Content not
expressly permitted by these Terms & Conditions is a breach of these Terms & Conditions and may violate
copyright, trademark and other laws. Site Content and features are subject to change or removal at any
time without notice at the sole discretion of My LifePlan and/or its licensors. All rights not expressly
granted herein are reserved for My LifePlan and its licensors.
If you breach any of these Terms & Conditions, your permission to use the Site Content terminates
automatically and you must immediately destroy any copy you may have made of any part of the Site Content.
My LifePlan reserves the right at any time and from time to time to modify or discontinue, temporarily
or permanently, this Site and/or any Site Content without notice.
Copyright Notice & Takedown Procedures
If you believe any materials accessible on or from the Site infringe your copyright, you may request
removal of such materials (or access thereto) from this Site by contacting My LifePlan as follows:
Attn: Site Administrator
P.O. Box 329
Garrettsville, Ohio 44231
Please include the following information: (i) detailed identification of the purportedly infringing material(s);
(ii) detailed identification of the copyrighted work you believe is infringed; (iii) your name, address,
phone and email contact information; (iv) your statement that you have a good faith belief that the material
is not authorized by the copyright owner; (v) your statement that the information you have supplied is
accurate, and indicating that "under penalty of perjury" you are the copyright owner or are authorized to
act on behalf of the copyright owner; and (vi) your valid signature or electronic equivalent acceptable
under the E-Sign Act.
You acknowledge and agree that you will request written permission from My LifePlan to create a link from
an external Web site to any page on the Site.
This Site is intended for adults age 18 or older. It is not intended or designed to attract people under
the age of 18. We do not collect personally identifiable information from any person we actually know to
be under the age of 18.
incorporated herein by reference.
Trademarks and Copyrights
All trademarks, service marks, logos or copyrights displayed and used in this site are the property
of their respective owners. Nothing in this site should be construed as granting any right or license
to use any Trademark or copyrighted material without the written permission of its owner.
Links to Other Internet Sites
This Site also includes links to other Internet sites created and maintained by My LifePlan's suppliers
and vendors. Be aware that My LifePlan does not endorse, control, makes no guarantees about, and disclaims
any express or implied representations or warranties about the accuracy, relevance, timeliness, completeness,
or appropriateness for a particular purpose of the information or the resources contained on these or any
other Internet sites. Further, the inclusion of these links is intended neither to reflect the importance
of these other sites nor to endorse any of the views expressed in, or products or services offered by,
these other sites.
Your access and use these and any other Internet sites, including the information, services, products,
materials, and any other resources contained on them, solely at your own risk.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MY LIFEPLAN OR ITS SUPPLIERS OR
VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES, OR ANY DAMAGES WHATSOEVER, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY, OR OTHERWISE, AND WHICH ARISE OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE, OR WITH THE PROVISION OF OR FAILURE TO MAKE
AVAILABLE ANY INFORMATION, SERVICES, PRODUCTS, MATERIALS, OR OTHER RESOURCES CONTAINED ON OR ACCESSIBLE
THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE
TERMS AND CONDITIONS AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
You agree to indemnify, defend, and hold harmless My LifePlan and its suppliers and vendors from any
liability, loss, claim, and expense (including reasonable attorneys' fees) related to your violation
of these Terms and Conditions.
Changes to This Site
Site Content may be changed or updated without notice. My LifePlan and its vendors and suppliers have
no obligation to update Site Content, so Site Content may be out of date at any given time.
My LifePlan's failure to insist upon strict enforcement of any provision(s) of these Terms and Conditions
shall not be construed as a waiver of any provision or right.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Ohio,
without giving effect to any principles of conflicts of law. Any controversy or claim arising out of
or relating to these Terms and Conditions, with the exception of injunctive relief sought by either
party, shall be submitted to arbitration before an arbitrator agreed upon by the parties, or if the
parties cannot agree upon an arbitrator within thirty (30) days, to an arbitrator selected by the
American Arbitration Association office located in Cleveland, Ohio. The arbitration shall be conducted
under the rules then prevailing of the American Arbitration Association and the arbitration shall
occur within Ravenna, Ohio.
The arbitrator may award attorneys' fees and costs as part of any award to the prevailing party.
The arbitrator shall not award damages in violation of these Terms and Conditions. The arbitrator's
award shall be binding and may be entered as a judgment in any court of competent jurisdiction
Terms & Conditions
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