Effective Date: July 1, 2021
PLEASE READ THESE TERMS, CONDITIONS AND AGREEMENTS SET FORTH BELOW (THESE “TERMS OF USE”) CAREFULLY BEFORE USING THIS SITE (AS DEFINED BELOW). By using this Site, you signify your agreement to these Terms of Use. You must agree to these Terms of Use in order to use this Site. If you do not agree to all of these Terms of Use, do not use this Site.
These Terms of Use govern the Use (as defined below) of the various websites, our mobile application and related web-based services of Medical Mutual of Ohio and its Family of Companies including, but not limited to, Medical Mutual of Ohio, Medical Mutual Services, LLC, MedMutual Life Insurance Company (formerly known as Consumers Life Insurance Company) and Medical Health Insuring Corporation of Ohio (collectively, “Medical Mutual”, “we”, “our”, or “us”). For ease of reference, the access, transmission, viewing or other use of our various websites, our mobile application, and related web-based services and Content (as defined below) such as text, information, images, video and audio and all services (“Services”) and any of the information contained herein (collectively, this “Site”) is hereinafter referred to collectively as the “Use” of, or “Using”, this Site.
This Site incorporates proprietary intellectual properties, which are protected by copyright (including certain rights of patentability) and which we maintain as confidential and proprietary information to be Used only in connection with these Terms of Use. By Using this Site, you are agreeing to be bound by these Terms of Use. We may revise and update these Terms of Use at any time. Therefore, we encourage you to review this Site and these Terms of Use for any updates or changes on a periodic basis. Your present and subsequent Use of this Site demonstrates your acceptance of these Terms of Use.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AND REPRESENT THAT YOU ARE OVER THE AGE OF EIGHTEEN (18) AND ABLE TO FORM LEGALLY BINDING CONTRACTS.
- Disclaimer on Emergency Medical Conditions. DO NOT USE THIS SITE FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
- Medical Disclaimers. We do not provide medical referral services. Medical Mutual does not endorse, recommend, or approve any product, service, or physician listed on this Site unless expressly stated. We are not medical professionals and we do not provide medical treatment. Your reliance upon Content obtained by you at or through the Site is solely at your own risk. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
- Registration; Passwords. Use of certain portions of this Site, such as the My Health Plan portal, requires registration and passwords. You agree that any registration information that you provide shall be correct and complete. If we believe that any registration information is not correct and complete, we have the right to refuse you access to this Site or applicable portions of this Site and/or to terminate, suspend, or restrict your Use of this Site or applicable portions of this Site. You agree to maintain the confidentiality of any password(s) you Use to access this Site, and you are fully responsible for the actions of any person or entity that accesses this Site using your password. You agree to notify us immediately of any unauthorized use of your password(s). Notice of unauthorized use will not relieve you of responsibility for activities that occur as a result of unauthorized Use or access of the Site. You acknowledge that Medical Mutual is relying on you to not share your registration information and passwords credentials with unauthorized third parties, and you agree not to hold Medical Mutual responsible for any disclosure of health information made to a third party through Use of the Site with your registration and password.
- Products and Services. The information and descriptions contained on this Site are intended as general information and are not necessarily complete descriptions of all terms, exclusions, and conditions applicable to the products and services offered by Medical Mutual. Further, the product and/or service descriptions provided on this Site are not intended to constitute offers to sell or solicitations in connection with any such product and/or service. All products may be subject to applicable regulations.
- Privacy and Personal Information. You can view our Privacy Policy on this Site. You agree to be bound by our Privacy Policy (as may be amended by us in accordance with its terms), which is hereby incorporated by reference into these Terms of Use, and maintain your data accordingly.
- Security. The security of your personal information is very important to us. None of your personal information can be legally accessed or released without your consent except as discussed in these Terms of Use and in our Privacy Policy . All such information is stored in a secured database and all reasonably prudent efforts are made to assure that same is secure.
- Minors Prohibited.
- This Site is for Use by adults only. If you are not over 18 years of age, do not Use this Site.
- We are committed to protecting the privacy of children. You should be aware that this Site is not for or designed to attract children. We do not collect personally identifiable information from any person we actually know is a child.
- Other Conditions. As a condition of your Use of the Site and Services, you represent, warrant and agree that:
- If you are creating a My Health Plan portal account and/or Using Services in connection with your registration information and passwords, you are either a current or former enrolled member of a plan offered by Medical Mutual or are the personal representative of such a member. If you are a personal representative of the member, you represent and warrant that you have the requisite legal right and authority under applicable law to Use the Services, including but not limited to access and authorize the disclosure of member health information (including sensitive health information) to third parties. You agree to terminate your Use of the Services immediately if, at any time, you lose your authority to act as the personal representative of the member, and to notify Medical Mutual immediately of this change in status. You understand and acknowledge that Medical Mutual will immediately suspend or terminate your My Health Plan account and all related Services associated with your registration information and passwords if we learn that you do not have this authority.
- You will Use the Services in accordance with these Terms of Use and comply with any laws that apply to you.
- It is your responsibility to protect your personal information, health information and your registration information and passwords by keeping secret your registration information, password and other security information related to your My Health Plan portal account, and taking other reasonable steps to protect your privacy and security.
- You are responsible for any Use of your registration information and passwords. Medical Mutual will not be responsible for any loss or damage caused by someone else utilizing your registration information or passwords to gain access to the Site or Services.
- You will notify Medical Mutual immediately of any unauthorized use of your registration information or passwords or any other concern about your My Health Plan portal account security.
- Your Health Applications. Health plans offered by Medical Mutual and regulated by the Centers for Medicare and Medicaid Services (CMS) will provide a health application (App) of your choosing with access to certain health information the covered Medical Mutual health plan maintains about you at your direction, and with your approval, through a secure application programming interface (API) that uses a Fast Healthcare Interoperability Resource (FHIR). Medical Mutual has created a FHIR API repository that contains the required health information and that is accessible to currently enrolled members in these CMS-regulated plans and their personal representatives. Visit our member education health application page to learn more.
You may Use your My Health Plan registration information and password through your device to authorize App access. You acknowledge and agree that Medical Mutual may deny an App access to some or all of the member health information associated with your Medical Mutual account under the following circumstances:
- Medical Mutual reasonably determines, in its sole discretion, that allowing an App to connect or remain connected would present an unacceptable level of risk to the security of protected health information on Medical Mutual’s systems;
- If you are not the member or personal representative of the member; or
- If Medical Mutual determines, in its sole discretion, that access cannot be provided in compliance with the health information privacy laws that may apply to Medical Mutual and the current technical infrastructure that supports FHIR API access to member health information.
Medical Mutual is not responsible for what a third-party App of your choosing does with your health information. Medical Mutual does not collect information about an App’s privacy or security practices, and Medical Mutual will not notify you of an App’s privacy or security practices. Medical Mutual is required by law to comply with your request to provide access to the App of your choosing, even if the App fails to secure and protect your health information. It is up to you to pick an App that meets your privacy and security standards.
If you choose to approve App access and direct Medical Mutual to disclose your health information to an App of your choosing, you acknowledge that:
- The App might NOT be subject to federal health information privacy laws (like HIPAA); or state privacy laws (like the Ohio state confidentiality laws for the protection of health information).
- Medical Mutual is relying on your representation and warranty as to your legal authority to authorize the disclosure of member health information (including sensitive health information) to the App.
- Medical Mutual is NOT responsible for anything that happens to member health information after it is disclosed to the App.
- Some of the health information to be disclosed was NOT created by Medical Mutual, and Medical Mutual is NOT required to verify the accuracy of the health information before disclosing it to the App. Medical Mutual is NOT responsible for the accuracy of the health information or whether the health information is current or complete.
If Medical Mutual terminates or denies your access to, or Use of, the Services through the App, and you wish to contest that action, you may contact us at 1-888-404-0353.
- Prohibited Conduct. You are prohibited from doing any of the following in connection with the Services:
- Using the Services for any illegal, unethical, abusive, offensive, harassing, or unsolicited purpose;
- Misrepresenting your identity or authority, providing false information, impersonating another person or entity, or misrepresenting your relationship with a person or entity, or attempt to use another person’s Medical Mutual account or Medical Mutual account credentials;
- Attempting to gain unauthorized access to the Services; or
- Assisting a third-party in engaging in any of these prohibited activities.
- Intellectual Property. Medical Mutual owns all rights to the Services, the trademarks on this Site, content, software, and all intellectual property. All of the content on this Site, including all text, photographs, graphics, images, videos, format, and other expressions (“Content”) is the property of us, or the suppliers of Content. All of the above is protected by U.S. and international copyright laws. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT LAWS AND TREATIES. You may only Use the Content for accessing and understanding such information for individual and personal use. You may not copy, make any reproduction or modification or any derivative work of the foregoing, and may not republish or display any of same, nor may any of same be linked to any other website unless such website provides acknowledgment of ownership of same in Medical Mutual or its third-party suppliers or licensors. All rights not expressly granted in these Terms of Use are reserved to Medical Mutual. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by these Terms of Use.
- Copyrights of Third Parties. We respect the copyrights and intellectual property of third parties, and we expect the Users of this Site to do the same. If you believe there is any infringement of any other person’s copyright or intellectual property by this Site, we request that you call it to our attention right away. Please do so by sending whatever information you have to assist us in evaluating same. Any statement made by you to that effect must be made in good faith and may be subject to penalties of perjury that the information is accurate, or you have a good faith belief in same. You may send such notices to CorporateCompliance@MedMutual.com
- Compliance with the Digital Millennium Copyright Act. We respect the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of Users usage of this Site who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the information reasonably sufficient to permit us to locate the Content;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good faith belief that the Use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
For copyright inquiries under the Digital Millennium Copyright Act, please contact Medical Mutual’s Copyright Agent at:
Legal Department
Medical Mutual of Ohio
2060 East 9th Street
Cleveland, Ohio 44115-1355
216.687.2623 (fax)
- Intellectual Property Rights. You agree that we (or our Content providers) own all worldwide rights, titles, and interests in and to the Site. You may create a bookmark in your browser to the home page of the Site. Otherwise, you may not create a link to the Site without our prior written approval. All rights not expressly granted in these Terms of Use are reserved to Medical Mutual. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by these Terms of Use.
- Content. The Content contained on this Site is provided by Medical Mutual or under license by third parties as a service to the Users of this Site. This Site and the information, Services and materials contained on this Site are provided on an “as is” and “as available” basis. You agree that the Use of this Site is at your sole risk. We do not warrant that the information on this Site is accurate, reliable, or current. Additionally, there are no warranties as to results that may be obtained from the Use of this Site.
- Limitations on Use. This Site is owned and operated by Medical Mutual and is for the User’s personal, noncommercial use. You agree not to modify, copy, distribute, transmit, retransmit, disseminate, display, broadcast, circulate, perform, reproduce, publish, license, create derivative works from, transfer, sell, or commercially exploit, in any way, any Content obtained from this Site. Nothing in this section is intended to restrict or prohibit you from using member health information that is accessible through the Services.
- No Warranty. The Content published on this Site may include inaccuracies or typographical errors. We do not warrant or make any representations regarding the Use or the results of the Use of the materials in this Site in terms of their correctness, completeness, accuracy, timeliness, reliability, or otherwise.
- We May Freely Use Feedback You Provide. You agree that we may use your feedback, suggestions, or ideas in any way, including, without limitation, in future modifications of this Site, the Services, other products or services and/or advertising or marketing materials, in accordance with the terms of the Privacy Policy. You grant Medical Mutual a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.
- Advertisements and Links to Other Websites. This Site may contain advertisements placed by or on behalf of third parties. These advertisements may contain links to other websites. We may occasionally provide links on its Site to third-party websites. These links connect you with other websites that are maintained by other parties over whom we have no control. These links are provided only as a convenience to you, and we do not assume any responsibility for nor endorse such other websites. UNLESS EXPRESSLY STATED BY US, MEDICAL MUTUAL DOES NOT RECOMMEND OR ENDORSE PARTICULAR PRODUCTS, SERVICES, OR WEBSITES OF ANY THIRD PARTIES OR MAKE ANY DETERMINATION WHETHER ANY SUCH PRODUCT, SERVICE, OR WEBSITE MAY BE EITHER NECESSARY OR APPROPRIATE FOR YOU. MEDICAL MUTUAL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF PRODUCTS, SERVICES, OR INFORMATION OFFERED IN SUCH THIRD-PARTY SITES. Consequently, Medical Mutual is not and shall not be held responsible for the accuracy, copyright compliance, legality or decency of materials contained in such third-party sites.
- DISCLAIMER OF WARRANTIES.
THIS SITE AND THE CONTENT, INFORMATION, SERVICES, AND MATERIALS CONTAINED ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOUR USE OF THIS SITE IS AT YOUR OWN RISK. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE DO NOT WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, RELIABLE, OR CURRENT. NEITHER MEDICAL MUTUAL NOR ANY OTHER CONTENT PROVIDERS MAKE ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE DATA FROM WHICH THE INFORMATION IS COMPILED OR THE ACCURACY OF THE INFORMATION ITSELF, NOR THE COMPATIBILITY OF THE INFORMATION WITH ANY HARDWARE AND SYSTEMS. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE (i) WILL BE UNINTERRUPTED OR ERROR-FREE, (ii) ARE FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, OR (iii) ARE SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. MEDICAL MUTUAL AND ANY THIRD-PARTY SUPPLIER ASSUME NO RESPONSIBILITY FOR ANY PRODUCT, BRAND, METHOD, INFORMATION, OR SERVICES ON THIS SITE IN ANY WAY, AND THERE IS NO WARRANTY OR ANY ASSURANCE THAT THE PRODUCTS OR SERVICES CONTAINED OR DESCRIBED ON THIS SITE WILL SATISFY ANY REQUIREMENTS THAT YOU MAY HAVE. BY USING THIS SITE, THE USER ACKNOWLEDGES THAT IT IS AT THE USER'S SOLE RISK AND THE USER ASSUMES FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH USE OF THIS SITE.
YOU ACKNOWLEDGE THAT MEDICAL MUTUAL IS NOT RESPONSIBLE FOR, AND CANNOT BE HELD RESPONSIBLE FOR, THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO ANY APP YOU CHOOSE TO CONNECT TO THROUGH USE OF YOUR MEDICAL MUTUAL ACCOUNT REGISTRATION INFORMATION AND PASSWORDS.
NEITHER MEDICAL MUTUAL NOR ANY THIRD-PARTY SUPPLIER CAN ASSURE THAT THE USER, IN USING THIS SITE, HAS SELECTED AN APPROPRIATE SERVICE PROVIDER. AGAIN, YOU SHOULD USE THIS SITE FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you. You may have other rights from jurisdiction to jurisdiction.
- EXCLUSION OF DAMAGES. AS CONSIDERATION FOR USER'S OPPORTUNITY TO USE THIS SITE AND THE CONTENT AND SERVICES, USER AGREES THAT UNDER NO CIRCUMSTANCES WHATSOEVER WILL MEDICAL MUTUAL OR ANYONE ASSOCIATED WITH MEDICAL MUTUAL OR THIS SITE BE LIABLE IN ANY WAY TO YOU OR ANY OTHER ENTITY FOR ANY ACTION OR INACTION TAKEN BY USER IN RELIANCE UPON INFORMATION OR SERVICES PROVIDED THROUGH THIS SITE. NEITHER MEDICAL MUTUAL NOR ANYONE ASSOCIATED WITH MEDICAL MUTUAL SHALL BE LIABLE IN ANY EVENT FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS), WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) YOUR USE OF THE SITE, OR RELIANCE ON THE CONTENT OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DELAY OR INABILITY TO USE THE SERVICES OR INFORMATION, PRODUCTS, MATERIALS OR OTHER RESOURCES PROVIDED HEREIN OR; (ii) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES; OR (iii) THE USE OF YOUR REGISTRATION INFORMATION OR PASSWORDS; OR (iv) ANY DISCLOSURE OF HEALTH INFORMATION TO AN APP MADE AT YOUR DIRECTION AND WITH YOUR APPROVAL, OR ANY UNAUTHORIZED ACCESS TO, OR USE, OR DISCLOSURE OF HEALTH INFORMATION THAT TAKES PLACE IN CONNECTION WITH YOUR REGISTRATION INFORMATION OR PASSWORDS; OR (v) ANY OTHER FAILURE TO PERFORM BY MEDICAL MUTUAL OR ITS CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER MEDICAL MUTUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions above may not apply to you. You may have other rights from jurisdiction to jurisdiction.
- LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF MEDICAL MUTUAL AND ITS SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THESE TERMS OF USE AND YOUR USE OF THE SITE IN THE AGGREGATE SHALL BE LIMITED TO THE AGGREGATE AMOUNT, IF ANY, THAT YOU PAID FOR THE SERVICES PROVIDED ON THIS SITE PRIOR TO SUCH CLAIM. IN ADDITION, OUR ENTIRE LIABILITY FOR ANY CLAIM RELATING TO THESE TERMS OF USE SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM, SUBJECT TO APPLICABLE LAW.
- Indemnification. You agree to indemnify and hold us and our suppliers, information providers, ISPs, and officers, directors, and employees (an “Indemnified Party”) harmless against any losses, claims, damages, liabilities, penalty actions, proceedings, or judgments (collectively referred to as “Losses”) to which an Indemnified Party may become subject, related to or arising out of any infringement or misappropriation or alleged infringement or alleged misappropriation of any United States or international copyright, trademark, trade secret, or other proprietary right related to your Use of this Site or related to or in connection with these Terms of Use, and shall reimburse each such Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees, incurred by such Indemnified Party in connection with investigating, defending, or settling any such Losses, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
You also agree to indemnify and hold harmless each Indemnified Party against any Losses to which such Indemnified Party may become subject to that arise out of or relate to your violation of these Terms of Use or your Use of this Site and the Services or your negligent or wrongful conduct (including use of your registration information or passwords), and shall reimburse each Indemnified Party for all legal and other expenses, including without limitation, reasonable attorneys’ fees, incurred by such Indemnified Party in connection with investigating, defending, or settling any such Losses, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
- Foreign Access or Use. We make no claim that the Site is appropriate for access or Use outside the United States and Puerto Rico. Your access and/or Use of the Site outside the United States and Puerto Rico are at your own risk, and you are responsible for compliance with the laws of your jurisdiction.
- Equipment. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to Use this Site and all charges related thereto.
- Monitoring. We reserve the right, but not the obligation, to monitor this Site to determine compliance with these Terms of Use. You agree to cooperate with all reasonable requests of us during any investigation of an actual or suspected breach by you of these Terms of Use.
- Business Partners. Any of our business partners identified in this Site are independent of Medical Mutual. Such business partners are not joint venture partners or any other kind of partners of Medical Mutual. No employee or representative of any business partner is under our control.
- Termination and Suspension of Services. We may, in our sole and absolute discretion, modify, suspend, restrict access to, modify the hours of availability of, or terminate this Site, these Terms of Use, any Content of this Site or any link contained herein at any time without liability or prior notice. In addition, any violation of these Terms of Use by you may result in restricted, suspended or terminated access to, or Use of, the Services and the Site, including but not limited to your My Health Plan portal account. Medical Mutual also reserves the right to:
- Refuse to provide you with access to, or Use of, the Services if Medical Mutual determines that your access or Use violates these Terms of Use;
- Terminate or deny you access to, or Use of, all or part of the Services at any time if Medical Mutual reasonably determines that your access to, or Use of, the Services would present an unacceptable level of risk to the security of Medical Mutual's systems or cause Medical Mutual to violate any state or federal laws that apply to Medical Mutual; or
- If permitted by applicable law, terminate your Use of the Services at any time with or without cause as determined by Medical Mutual in its sole discretion.
Your obligations pursuant to these Terms of Use shall survive any such modification, suspension, restriction, or termination for the maximum period allowable under applicable law.
- Assignment. We may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights under these Terms of Use without our prior written permission. Any attempt by you to assign your rights under these Terms of Use without our permission shall be void.
- Waiver. The waiver by us of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.
- Severability. If any provision of these Terms of Use is deemed void, unlawful, or otherwise unenforceable for any reason, such provision shall be deemed modified to the extent necessary to render such provision enforceable, and these Terms of Use shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent of, and the agreements set forth in, these Terms of Use.
- Governing Law. The validity and interpretation of these Terms of Use, and the rights and obligations of Medical Mutual and any person or entity Using this Site, are governed by the internal laws of the State of Ohio, excluding any choice of law provisions that require application of any other law. By Using this Site, you acknowledge and agree that any dispute that may arise out of your Use of this Site, whether sounding in contract, tort or otherwise, would involve difficult and complex issues, and therefore you agree that any lawsuit growing out of or incidental to any such dispute shall be tried in a court of competent jurisdiction by a judge sitting without a jury.
- Jurisdiction. We control and operate this Site from our headquarters in Cleveland, Ohio. We do not represent or warrant that any materials on this Site are appropriate or available for Use in any other location. If you choose to Use this Site from another location, you do so at your own risk and are responsible for complying with any and all local laws.
By Using this Site, you irrevocably and unconditionally submit to the exclusive jurisdiction of any Ohio state court or United States federal court sitting in Cuyahoga County, Ohio, and any court having appellate jurisdiction therefrom, in any action or proceeding arising out of or relating to the Use of this Site or validity and interpretation of these Terms of Use, or for recognition or enforcement of any judgment, and you hereby irrevocably and unconditionally agree that all claims in respect of any such action or proceeding may be heard and determined in any such Ohio state court or, to the extent permitted by law, in such federal court. By Using this Site, you irrevocably and unconditionally agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. By Using this Site, you hereby irrevocably and unconditionally waive, to the fullest extent you may legally and effectively do so, any objection that you may now or hereafter have to the laying of venue of any suit, action, or proceeding arising out of or relating to the Use of this Site or validity and interpretation of these Terms of Use in any Ohio state or federal court sitting in Cuyahoga County, Ohio.
- Entire Agreement. These Terms of Use contain the entire agreement between you and Medical Mutual relating to the subject matter hereof, and supersede any other oral or written communications relating thereto. These Terms of Use may not be amended or supplemented by (a) any written communication originated by you relating to the subject matter hereof, (b) statements of any of our employees, or (c) any other purported modification that has not been agreed to in writing by us. We reserve the right unilaterally to make changes to these Terms of Use at any time without advance notice. We agree to post all amended forms of these Terms of Use on the Site and such amended forms shall be effective immediately upon its posting. Your continued Use of this Site subsequent to our posting of amended forms of these Terms of Use shall constitute your acceptance of the modified Terms of Use. It is at all times your responsibility to read the most current form of these Terms of Use before Using the Site to ensure that you agree to the Terms of Use of any amendments made to these Terms of Use. You agree that these standards for notice of amendments to these Terms of Use are reasonable.
- Acceptance of Terms of Use. You acknowledge that the provisions, disclosures, and disclaimers set forth above are fair and reasonable and your agreement to follow and be bound to them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. There are no representations, promises, warranties or undertakings by Medical Mutual contrary to those set forth above.
- Notices. Any notices required or permitted under these Terms of Use shall be in writing and sent by: (a) personal delivery, (b) United States mail, registered or certified, postage prepaid with return receipt requested; (c) by facsimile transmission later confirmed by United States mail, registered or certified, postage prepaid with return receipt requested; or (d) by overnight delivery. Notices delivered personally shall be deemed given as of the date of actual receipt. Notices delivered by United States mail shall be deemed given as of three days after mailing. Notices delivered by facsimile transmission shall be deemed given as of the date and time of receipt. Notices delivered by overnight delivery shall be deemed given as of the date of delivery. Notices shall be addressed as follows:
Medical Mutual of Ohio
100 American Road
Cleveland, Ohio 44144
216.687.2623 (fax)