Effective Date: July 1, 2021
1. 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.
2. 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.
3. 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.
4. 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.
7. 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.
8. 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.
- 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.
9. 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.
10. 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.
12. 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.
13. 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:
Medical Mutual of Ohio
2060 East 9th Street
Cleveland, Ohio 44115-1355
15. 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.
16. 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.
17. 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.
19. 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.
20. 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.
21. 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.
24. 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.
25. 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.
27. 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.
- 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.
33. 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.
Medical Mutual of Ohio
2060 East 9th Street
Cleveland, Ohio 44115-1355
SMS/MMS Texting Terms and Conditions
Effective Date: December 1, 2021
These SMS/MMS Texting Terms and Conditions (“Terms and Conditions”) apply to all persons (“you” or “your”) who provide prior express consent to receive text messages (including but not limited to SMS and MMS messages) from Medical Mutual of Ohio or our affiliates, subsidiaries, agents, third-party subcontractors, or third-party vendors (collectively, “Medical Mutual”, “we”, “our”, or “us””). Please read these Terms and Conditions carefully, as they contain important information. THESE TERMS AND CONDITIONS INCLUDE A MANDATORY ARBITRATION OF DISPUTES PROVISION REQUIRING THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.
By opting-in to our texting program for a specific phone number, you are granting us (including our third-party subcontractors and third-party vendors as noted above) express consent to send you text messages, regardless whether the phone number otherwise appears on a federal or state Do Not Call List. Once you opt-in to our texting program, the text messages sent to your mobile phone number may be sent via an automatic dialing system. Text messages from us may include one-time or recurring texts related to your plan and benefits, premium billing and payment, policy renewal information, explanation of benefits notices, pharmacy benefits, information about your care and health and wellness education. SOME TEXTS MAY INCLUDE MARKETING MESSAGES, IN WHICH CASE WE MUST RECEIVE YOUR PRIOR EXPRESS WRITTEN CONSENT, which you can provide via your My Health Plan page, under Text Message Preferences, where you can also generally manage the kinds of messages you would like to receive. Please note that text messages from Medical Mutual shall not be deemed medical advice, and you should dial 911for any medical emergencies.
Participation in our texting program is wholly optional and is not a condition of purchase or service. You must provide consent to receive text messages, and such consent must be for a telephone number with an area code designated for one of the 50 United States or the District of Columbia. You must be at least 18 years old to participate in our texting services. If you are under age 13, do not enroll or attempt to enroll in our texting services under any circumstances. If you are at least 13 years old but under the age of 18, you must get permission from a parent or guardian before enrolling in our texting services.
Fees and Availability
Although Medical Mutual does not impose a separate charge for text alerts, your mobile carrier’s message and data rates may apply. Medical Mutual shall not be held responsible for any charges related to the use of our text messaging service. Text messaging may not be available through all wireless carriers.
At any time, you may revoke your consent and opt-out of Medical Mutual’s text messages by texting “STOP” in reply to one of our texts or calling our Customer Care team at the phone number listed on the back of your ID card. Note: By opting out, you will no longer receive any text messages from us unless you re-enroll into our texting program.
You may also manage your texting preferences, including opting out of some categories or all text messages by logging into your My Health Plan account and managing your Text Message Preferences or by calling our Customer Care team at the phone number listed on the back of your ID card.
After opting out, you will receive a one-time confirmation text message acknowledging that you have opted out of receiving further text messages from us.
If you no longer want to receive texts from us, the sole and exclusive remedy is to revoke consent by opting out.
Security and Indemnification
By providing your mobile phone number to us, you agree that the mobile phone number is yours and that you have permission to use that mobile phone number.
- It is your responsibility to notify us immediately of the following events:
You change your mobile phone number;
- You cancel your service plan;
- You lose your phone;
- You transfer your phone number to another party; or
- You no longer have permission to use your mobile phone number.
Medical Mutual is not responsible for any text messages sent to a wrong phone number or received by an unauthorized individual which occurs because you did not timely notify us of any of the events listed above. YOU AGREE TO INDEMNIFY MEDICAL MUTUAL IN FULL FOR ALL CLAIMS, EXPENSES, DAMAGES, ATTORNEYS’ FEES AND COSTS (INCLUDING, BUT NOT LIMITED TO ANY RELATED TO OR ARISING UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, ET SEQ.) RELATED TO OR CAUSED IN WHOLE OR IN PART BY YOUR FAILURE TO NOTIFY MEDICAL MUTUAL OF ANY OF THE EVENTS LISTED ABOVE, BY YOU ACCIDENTALLY OR INTENTIONALLY PROVIDING MEDICAL MUTUAL WITH ANY FALSE OR ERRONEOUS INFORMATION, AND BY ANY USE, NON-USE, OR MISUSE OF ANY TEXTS WE SEND TO YOU.
Text messages may include references to your condition or other personal health information, including information protected by the Health Insurance Portability & Accountability Act of 1996 and the Health Information Technology for Economic and Clinical Health Act of 2009 and accompanying regulations (collectively, "HIPAA"). Since text messaging is unencrypted, there is a risk that this information, including any HIPAA information, could be intercepted or viewed by unauthorized third parties, including anyone who accesses your device. We recommend protecting your mobile device with a password. When you choose to receive text messages from us, you do so at your own risk.
To learn more about how Medical Mutual uses and discloses your personal health information, please review our Notice of Privacy Practices.
Links to Third Party Websites
Disclaimer of Warranties
Our text messaging programs are offered on an “as-is” basis. No action or inaction by Medical Mutual shall be deemed to create any warranty of any kind, and Medical Mutual expressly disclaims all warranties. Texting services may not be available in all areas at all times and we do not guarantee successful delivery or timely delivery of text messages by your wireless carrier, which is outside of our control.
Disclaimer and Limitation of Liability
MEDICAL MUTUAL OR ANY INDIVIDUAL OR ENTITY ASSOCIATED WITH MEDICAL MUTUAL SHALL NOT BE LIABLE IN ANY WAY TO YOU OR TO ANY OTHER INDIVIDUAL OR ENTITY FOR ANY ACTION OR INACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION PROVIDED THROUGH THE TEXTING SERVICES. NEITHER MEDICAL MUTUAL NOR ANY INDIVIDUAL OR ENTITY ASSOCIATED WITH MEDICAL MUTUAL SHALL BE LIABLE IN ANY EVENT TO YOU OR TO ANY OTHER INDIVIDUAL OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (i) YOUR USE OF THE TEXTING SERVICES OR RELIANCE ON THE CONTENT OR SERVICES, OR (ii) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR 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 OR WAS AWARE OR UNAWARE IN ADVANCE OF THE POSSIBILITY OF SUCH RISKS OF LOSS OR 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.
Governing Law and Dispute Resolution
BY USING OUR TEXTING SERVICES, YOU AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM (WHETHER CONTRACTUAL, STATUTORY, TORT, EQUITABLE, OR OTHERWISE) ARISING OUT OF, RELATING TO IN ANY WAY, OR IN CONNECTION WITH THESE TERMS AND CONDITIONS (INCLUDING, BUT NOT LIMITED TO ANY RELATED TO OR ARISING UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq.) SHALL BE EXCLUSIVELY AND FINALLY RESOLVED BY BINDING ARBITRATION, WHICH INCLUDES YOUR EXPRESS WAIVER OF A JURY TRIAL BY USING OUR TEXTING SERVICES. BY USING OUR TEXTING SERVICES, YOU AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS AND EXPRESSLY WAIVE CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. THE FOREGOING ARBITRATION PROVISION SHALL SURVIVE ANY OPT-OUT REVOCATION OF CONSENT BY YOU, AS WELL AS ANY TERMINATION OR MODIFICATION OF THESE TERMS AND CONDITIONS.
In the event the foregoing arbitration provision were to be deemed unenforceable in part by then-controlling governing law, then the remaining terms of the arbitration provision would remain in force. In the event the foregoing arbitration provision were to be deemed unenforceable in whole by then-controlling governing law, then by using our texting services, 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 dispute, controversy or claim arising out of, relating to in any way, or in connection with these terms and conditions 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 our texting services, 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.
Medical Mutual reserves the right to modify these Terms and Conditions at any time without prior notice. Any revised Terms and Conditions will be posted to Medical Mutual’s website, effective upon posting. You agree to review these Terms and Conditions periodically to stay informed of any changes. Your continued use of our texting services subsequent to Medical Mutual’s modification of these Terms and Conditions shall constitute your acceptance of the modified terms.