Terms of Use

WEB SITE TERMS AND CONDITIONS OF USE

1. Terms of Use

Healthcare Management Administrators, Inc. (“HMA”) provides its website (the "Site") and mobile application (the “App”) subject to these terms and conditions (the "Terms of Use"), in addition to, and not in limitation of, the provisions of any other agreement you may enter into with your health plan.

By accessing this website, you are agreeing to follow and be bound by these Terms of Use , all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT ACCESS OR USE OUR WEBSITE, APP,OR ANY SERVICES OFFERED THEREIN.

The information provided on the Site is not a substitute for the advice of your personal physician or other qualified health care professional. Always seek the advice of your physician or other qualified health care professional with any questions you may have regarding medical symptoms or 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 have a medical or psychiatric emergency, call 911 or go to the nearest hospital.

2. Revisions, Updates, and Changes

HMA may revise the information on the Site or App or otherwise change or update the Site or App, including these Terms, without notice to you (except to the extent required by law), effective immediately upon posting. HMA may also make changes or add new features to the Site or App at any time without notice. We encourage you to periodically read these Terms of Use to see if there have been any changes that may affect you. Your continue access or use of either the Site or App shall constitute acceptance of such modifications of the Terms of Use.

3. Benefit Information

No content on this Site or in the App is intended to replace or amend language for coverage that you may have with your Health Plan. You should always consult your benefit materials and/or contract for details about what your health plan covers.

4. No Medical Advice

The Site or app does not provide medical advice and neither the neither the information available nor any email responses to your questions shall create a physician-patient relationship or constitute the practice of medicine. The information available on the Site or the App and from any linked sites or third party should not be used as a substitute or supplement for professional medical advice. If you have medical or health-related questions, contact your physician.

5. Your Submissions

Communications that you post to the Site or the App are not confidential. You are responsible for your own communications and the consequences of such posting. Health Plan does not represent or guarantee the truthfulness, accuracy or reliability of any communications posted by other users or endorse any opinions expressed by other users. Any reliance on material posted by others is at your own risk.

6. Your Obligations

You may not use the Site or App in any manner that may: 1) adversely affect the resources or the availability of either the Site or the App to others; 2) violate any local, state, national or international law; 3) delete or revise any content on either the Site or the App; or 4) use the Site or the App to harass any other person or to collect or store personal information about other visitors. If you have a unique user identifier and/or password to access secure areas, you are responsible for protecting the identifier and/or password and for any unauthorized use by others, with or without your permission.

Some parts of the Site or the App may allow you to post, or to email to your Health Plan, may contain materials or information ("Visitor Content"); or may allow you to access or use Visitor Content posted or emailed by other visitors to the Site or the App. You grant HMA the unrestricted right to use or distribute, free of charge, any Visitor Content posted on the Site or the App by you. You may not submit or post any material or information that is illegal, obscene, threatening, defamatory, invasive of privacy, or infringing of proprietary rights of any person or entity, or which contains software viruses, corrupted data, cancel bots, commercial solicitations, or mass mailings or any form of "spam." You may not use a false email address to impersonate any person or otherwise mislead as to the origin of any material or information you submit or post.

HMA may review, remove or edit any Visitor Content at its discretion. HMA has no responsibility and assumes no liability for Visitor Content posted by you or by any other party.

7. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on HMA’s Site for personal, non-commercial transitory viewing only. HMA hereby grants you a limited, non-exclusive, non-transferable, non- sublicensable, revocable license to access and use our Site as expressly permitted by these Terms of Use. HMA expressly reserves all rights not expressly granted herein. Under this license, you may not:

• modify or copy the materials;

• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

• attempt to decompile or reverse engineer any software contained on HMA’s Site;

• remove any copyright or other proprietary notations from the materials;

• transfer the materials to another person or "mirror" the materials on any other server;

• take any action that could disrupt the normal functionality of the Site or impair the ability of other users.

8. Disclaimer

Although we attempt to maintain the accuracy and integrity of the content on the Site, The materials on HMA’s Site are provided on an "as is" and “as available” basis. HMA makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, HMA does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Site or otherwise relating to such materials or on any sites linked to this Site.

9. Cookies

We may employ the use of Cookies. By using HMA’s site, you consent to the use of cookies in accordance with HMA’s Notice of Privacy Practices. Cookies are used in some areas of our Site to enable the functionality of this area and ease of use for those visiting. Some of our affiliates and/or partners may also use cookies.

10. Push Notifications.

When you are signed in to the App, you may receive a message asking if you would like to allow push notifications. Push notifications are a way for an application to deliver information, including alerts, sounds and icon badges, to your mobile device. Push notifications can be delivered whether or not you are currently signed in and/or using the application and whether or not your device is in locked and/or in sleep mode. If you do not wish for others to view your notifications, you should adjust the privacy settings on your device. If you do not wish to receive push notifications from us, click "Don't Allow" or a similar button when prompted. If you allow push notifications from us but later decide you no longer want to receive them, you can adjust your settings options, or turn them off through your device notifications settings.

11. Terms of Use and Member Privacy

HMA manages and protects your personal information in accordance with applicable laws and established company security standards and practices. For more information about how HMA manages your personal information, see Notice of Privacy Practices.

12. Device Data.

You agree that we may collect the following information periodically and without further notice to you as a result of your use of the App: technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals.

13. Limitations

HMA and its suppliers and licensors (including, for the purposes of this entire section, all providers of services and content for this website) shall not be liable to you, under any circumstances or under any theory of liability or indemnity, for any damages or penalties whatsoever (including, without limitation, incidental indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from lost data or business interruption) in connection with the use or inability to use the Site or the App, even if any of them have been advised of the possibility of such damages.

14. Indemnification

You shall indemnify, defend and hold harmless HMA, its officers, directors, shareholders, agents for any and all loss cost, claims and liabilities arising out of or incurred due to: your breach of these Terms of Service; your use or misuse of HMA’s Site; your negligence misconduct; your violation of any law or the rights of any third party.

15. Governing Law and Disputes

These Terms of Use, and any dispute that may arise between you and Health Plan, will be governed by the laws of the State of Washington without regard to conflict of laws or principles. The Terms of Use, as may be amended from time to time, set forth the entire understanding between you and HMA as to the subject matter of the Terms of Use, unless otherwise specifically provided under a written agreement. Jurisdiction and venue will be in the courts of King County, Washington. For any disputes arising out of or relating to these Terms of Use.

16. Biometric Information.

HMA offers the option to sign into the App using biometric authentication (e.g., iOS Face ID or Touch ID, or Android Fingerprint or Face Authentication). You can stop using biometric authentication at any time. You can elect this option by going to the settings in the App and turning off biometric authentication. If other people use the biometric authentication method enabled on your device, they may be able to gain access to your account via the App and view information you consider to be private. It is your responsibility to understand the risks of biometric authentication enabled on your mobile device. HMA does not have access to your biometric authentication information. If you choose to save your user name and password, which is required to enable biometric authentication, they will be stored in accordance with the terms of use of your mobile device.

17. Links

This Site or App provides links to other websites ("Third Party Websites") that are not owned or controlled by HMA in order to connect you easily to additional sources of health information or third-party services that may be of interest to you. We may not have any business relationship with the party that controls this type of Third Party Website and a link to such a site is offered only as a convenience to you. In each such instance, where practicable, we will let you know when you are leaving the Site or App and linking to a Third Party Website or accessing third-party services. HMA is not responsible for the content, security or the privacy practices of Third Party Websites. Please review the privacy statement and any terms of use of each Third Party Website you visit. Unless we specifically advise you otherwise, links to Third Party Websites do not constitute or imply endorsement by HMA of those sites, the information they contain or any products or services they describe. HMA does not receive payment or other remuneration in exchange for your linking to or using any Third Party Websites. HMA also provides links to websites managed by vendors (“Vendor Websites”) that HMA has entered into an agreement with to provide information to you on HMA’s behalf. These Vendor Websites may be co-branded, but they are owned and controlled by the Third Party. Please review the privacy statement and any terms of use of each Vendor Website you visit.

18. Linking to and Framing of this Site

You may not frame any HMA content, or use any trademark, logo or other proprietary information on this Site, without HMA's express written consent. You may not use HMA's name or trademarks in any metatags or other hidden text without the express written consent of HMA. You may link to this Site for noncommercial purposes only. HMA reserves the right to demand you remove any such link at any time, for any or no reason, and at HMA's sole discretion.

19. Third-Party Terms

Some of the features on the Site or the App are administered or powered by third-party products and services. To the extent those services or features are offered to you by your health plan, which you may access through the Site or the App, the third-party’s Terms of Use for their website would apply.

20. Your Account and Passwords

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your password or account. It is your sole responsibility to (1) control the disclosure and use of your user name and password; (2) authorize, monitor, and control access to and use of your account and password; and (3) promptly inform HMA of any need to deactivate a password. You agree not to provide your sign-in credential in a manner that allows for any use of data mining, robots, or similar data gathering and extraction tools or any downloading or copying of account information for the benefit of another party.

21. Minors Use Prohibited

Minors (as defined under the laws of their respective jurisdictions) are not eligible to use or access HMA’s website and are hereby expressly prohibited from doing so.

22. Copyright Ownership

The contents of the Site and the App are protected by copyright. The collective work of the Site or the App may also include work that is the property of others, which work is also protected by copyright or other intellectual property laws. Unauthorized use may violate copyright, trademark and other laws. Health Plan authorizes you to view and download material on the Site solely for your own use. You must keep all copyright and other proprietary notices on any copies you make. You may not sell or modify the material or otherwise use it for any public or commercial purpose.

23. Trademarks

HMA’s name, and any other names of HMA or its websites, publications, products, content or services referenced on the Site, are the exclusive trademarks or service marks of HMA, including without limitation the "look and feel" of the Site and the App and the color combinations, layout and other graphical elements. You may not use HMA’s trademarks in any manner without the express,

written permission of HMA. Other product and company names that appear may be subject to trademark or other rights of other parties.

24. Digital Millennium Copyright Act (“DMCA”)

HMA respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you may send us a notice requesting that the material be removed. When submitting a notice, provide us with the following information: (i) a physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site or the App; (iv) your address, telephone number, and email address;(v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf, and that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law. HMA's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Attn: Legal Department, PO Box 98016, Bellevue, WA 98015-5008.

25. Compliance with COPPA

The Site is not directed at children under the age of thirteen (13). HMA complies with the Children's Online Privacy Protection Act (“COPPA”) and does not knowingly permit registration or submission of personally identifiable information by anyone younger than thirteen (13) years of age.

26. Termination

HMA may terminate your right to access or use the Site at any time without notice. HMA reserves the right to block, delete, or stop the uploading of materials and communications that it in its sole discretion finds unacceptable for any reason.

27. Privacy Policy

At HMA, we respect a member's right to privacy. HMA manages and protects your personal information in accordance with applicable laws and established company security standards and practices. For more information about privacy and security, see HMA’s Notice of Privacy Practices.

If any provision of the Terms of Use is found to be invalid or unenforceable, the remainder of the Terms of Use shall remain in full force and effect, and all Terms of Use shall be enforced to the fullest extent permitted by law. No waiver or failure to assert any provision of the Terms of Use shall be valid unless in writing and signed by an officer of HMA. HMA may assign its rights and duties under the Terms of Use to any party, at any time, without notice. HMA reserves all rights not expressly granted in these Terms of Use.

28. Disclaimers

Although we attempt to maintain the accuracy and integrity of the content on the Site and the App, HMA makes no guaranty as to its correctness, completeness, or accuracy. The Site and the App along with all information, content, materials, and other services included on or otherwise made available to you are provided by HMA on an "as is" and "as available" basis. HMA makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the

App, or the information, content, materials, or other services included on or otherwise made available to you through either the Site or the App. You expressly agree that your use of the Site services, the App, and the submission of any information by you is at your sole risk. HMA disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

29. Miscellaneous

If any provision of the Terms is found to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect, and all Terms shall be enforced to the fullest extent permitted by law. No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of HMA. HMA may assign its rights and duties under the Terms to any party, at any time, without notice. HMA reserves all rights not expressly granted in these Terms.