Terms & Conditions

WEBSITE TERMS OF USE
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

This website may elect to use cookies. By using this website and agreeing to these terms and conditions, you consent to our Smart HealthPass's use of cookies in accordance with the terms of Smart HealthPass's privacy policy / cookies policy.

LICENSE TO USE WEBSITE
Unless otherwise stated, Smart HealthPass and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or OTHER CONTENT from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

Smart HealthPass and the Smart HealthPass logo are trademarks of Smart HealthPass, LLC. and may not be used without written permission.

You must not:
- republish material from this website (including republication on another website);

- sell, rent or sub-license material from the website;

- show any material from the website in public;

- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

- edit or otherwise modify any material on the website; or

- redistribute material from this website except for content specifically and expressly made available for redistribution.

- where content is specifically made available for redistribution, it may only be redistributed within your organisation.

ACCEPTABLE USE
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Smart HealthPass' express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Smart HealthPass' express written consent.

RESTRICTED ACCESS
Access to certain areas of this website is restricted. Smart HealthPass reserves the right to restrict access to other areas of this website, or indeed this entire website, at Smart HealthPass' discretion.

If Smart HealthPass provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Smart HealthPass may disable your user ID and password in Smart HealthPass' sole discretion without notice or explanation.

USER CONTENT
In these terms and conditions, your user content means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Smart HealthPass a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Smart HealthPass the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Smart HealthPass or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Smart HealthPass reserves the right to edit or remove any material submitted to this website, or stored on Smart HealthPass' servers, or hosted or published upon this website.

Notwithstanding Smart HealthPass' rights under these terms and conditions in relation to user content, Smart HealthPass does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

NO WARRANTIES
This website is provided as is without any representations or warranties, express or implied. Smart HealthPass makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Smart HealthPass does not warrant that:

this website will be constantly available, or available at all; or

the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

LIMITATIONS OF LIABILITY
Smart HealthPass will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

to the extent that the website is provided free-of-charge, for any direct loss;

for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Smart HealthPass has been expressly advised of the potential loss.

EXCEPTIONS
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Smart HealthPass' liability in respect of any:

death or personal injury caused by Smart HealthPass' negligence;

fraud or fraudulent misrepresentation on the part of Smart HealthPass; or

matter which it would be illegal or unlawful for Smart HealthPass to exclude or limit, or to attempt or purport to exclude or limit, its liability.

REASONABLENESS
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

OTHER PARTIES
You accept that, as a limited liability entity, Smart HealthPass has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Smart HealthPass' officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Smart HealthPass' officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Smart HealthPass.

UNENFORCEABLE PROVISIONS
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

INDEMNITY
You hereby indemnify Smart HealthPass and undertake to keep Smart HealthPass indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Smart HealthPass to a third party in settlement of a claim or dispute on the advice of Smart HealthPass' legal advisers) incurred or suffered by Smart HealthPass arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to Smart HealthPass' other rights under these terms and conditions, if you breach these terms and conditions in any way, Smart HealthPass may take such action as Smart HealthPass deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

VARIATION
Smart HealthPass may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

ASSIGNMENT
Smart HealthPass may transfer, sub-contract or otherwise deal with Smart HealthPass' rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

SEVERABILITY
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

ENTIRE AGREEMENT
These terms and conditions , together with Privacy Policy and Refund/Purchase Policy, constitute the entire agreement between you and Smart HealthPass in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with state of Texas, United States of America, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of DALLAS COUNTY, city of Dallas, Texas.

CONTACT US
If you have any questions about this policy or want to correct or update your contact information, simply contact us by email, by phone at (855) 212-6020 or by mail at Smart HealthPass, Attention: Customer Care Center, 4201 Spring Valley Road, Suite 1500, Dallas, Texas 75244. EMAIL US.

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Privacy Policy

At Smart HealthPass we are committed to protecting your privacy, both on the Internet and off-line. The material below describe our privacy practices for this web site. If you have any questions about the policy, please contact us.

INFORMATION WE COLLECT
When you enter our website, information is gathered from your Internet browser. This information may include your Internet protocol (IP) address (which allows us to determine the identity of your Internet Service Provider), your operating system, and the type of browser software that you are using to access the website. This information allows us to upgrade the website as necessary to optimize its efficiency.

USE OF COOKIES
We may use cookies to collect information about how you use our website. A "cookie" is a small text file that a website can place on your computer's hard drive in order, for example, to retain your preferences and/or registration information for your next visit. The cookie transmits this information back to the website's operator. We do not respond to a Do Not Track option on your browser, but you can choose not to receive a cookie file by enabling your web browser to refuse cookies or prompt you before accepting a cookie. Note that refusing to accept cookies may impact the performance of our website. However, at no time is sensitive information, such as your name, address or registration information, stored in a cookie.

PERSONAL INFORMATION
At this time, you are not required to provide us with personal information in order to access our website. However, certain optional features on our website may require you to submit some personal information in order to fully benefit from our services. Such information may include, but is not limited to, your name, date of birth, address, email address, and phone number. For instance, contact and eligibility information is necessary if you are requesting insurance product information. Providing us with your personal information will also enable us to notify you as enhanced services become available on our website. Your personal information provided to us is subject to our general Privacy Policy and may be disclosed to our affiliates, including the American Medical Association. 

UNSOLICITED EMAIL
Should you voluntarily provide your personal information to us on our website, you may receive email messages from us. These messages will include timely announcements regarding enrollment, new products and product enhancements. Each such email will include simple instructions should you decide you no longer wish to receive messages from us. Unless you elect not to receive such messages when submitting information to us on our website, you will receive these emails from us. Likewise, if at any time you request to be removed from one of our mailing lists, your email will be removed from that mailing list within ten business days. You can also always opt-out of receiving these email messages by contacting us by email, by phone at (855) 212-6020 or by mail at Smart HealthPass, Attention: Customer Care Center, 4201 Spring Valley Road, Suite 1500, Dallas, Texas 75244.

SECURITY PRECAUTIONS
We realize that foremost in the minds of privacy-conscious individuals is the security of information after its submission. All personal information collected in order to enable us to provide you with services is securely stored in databases. Additionally, access to the information stored on our databases is restricted to select employees and other authorized personnel, including those third parties necessary to perform services for us and for you. Where appropriate, we may employ firewalls, encryption technology, user authentication systems and access control mechanisms to control access to systems and data. If sensitive data is being transmitted, we will utilize security technology to ensure safe transmission. However, note that you should exercise discretion with respect to the submission of any personal or financial information. Transmitting information via the Internet is never completely secure and, thus, any information submitted may be intercepted, collected, used or disclosed by others. We will use appropriate technology to minimize that risk.

LINKS TO OTHER WEB SITES
Occasionally, we may provide a link to various sections of the websites of our affiliate, American Medical Association, as well as pertinent links to third party websites including, but not limited to, insurance carriers, insurance brokers, and other financial and medical sites. All links to non-AMA sites are made without any representations or warranties relating to the integrity, security or legitimacy of such sites. Our privacy policy cannot and does not apply to external websites and once you leave our websites, you are subject to the privacy policies and procedures of those third parties. You should be certain to consult each external website's own privacy policy before providing personally identifiable information. If you have concerns about any linked website, we invite you to contact us.

INTENDED FOR ADULTS ONLY
This website is intended for use only by adults. We will not knowingly solicit, collect or maintain personal data/information from children under the age of 18. However, in some instances it may be necessary for customers or applicants to submit certain personal information of a child under the age of 18 in order to obtain or change coverage under an insurance or insurance-related product. Use of such information is strictly limited to those purposes and is never obtained absent the consent of the parent or guardian of the child.

LIMITED TO UNITED STATES RESIDENTS
Use of this website is limited to persons residing in the U.S. No part of this website is intended for use outside the U.S., and any information received from an identifiable non-U.S. resident will be disregarded.

CONTACT US
If you have any questions about this policy or want to correct or update your contact information, simply contact us by email, by phone at (855) 212-6020 or by mail at Smart HealthPass, Attention: Customer Care Center, 4201 Spring Valley Road, Suite 1500, Dallas, Texas 75244. EMAIL US.

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Refund/Purchase Policy

DEFINITION OF SERVICES PURCHASED
THIS IS NOT AN INSURANCE POLICY. THIS IS NOT MAJOR OR LIMITED BENEFIT HEALTH INSURANCE COVERAGE. THIS SERVICE IS NOT INTENDED TO REPLACE ANY EXISTING HEALTH INSURANCE COVERAGE.

Smart HealthPass is an authorized direct to consumer reseller partner for Teladoc, Inc. Smart HealthPass/Teladoc does not replace the primary care physician. Smart HealthPass/Teladoc does not guarantee that a prescription will be written. Smart HealthPass/Teladoc operates subject to state regulation and may not be available in certain states. Smart HealthPass/Teladoc does not prescribe DEA controlled substances, non-therapeutic drugs and certain other drugs which may be harmful because of their potential for abuse. Smart HealthPass/Teladoc physicians reserve the right to deny care for potential misuse of services. Smart HealthPass/Teladoc phone consultations are available 24 hours, 7 days a week while video consultations are available during the hours of 7am to 9pm, 7 days a week.

PURCHASE POLICY
Smart HealthPass website allows for individuals to enroll in our non-insurance healthcare benefit. By executing a transaction through the Smart HealthPass website, or any of its affiliated websites, or by phone through a Smart HealthPass member services representative, you agree to be billed on a recurring monthly basis via the credit card or bank account billing information that you have provided for the amount of the specified service in which you have enrolled. Recurring monthly payments will continue until such time as you cancel your account either in writing by submitting a notice of cancellation by mail at Smart HealthPass, attention: customer care center, 4201 Spring Valley Road, Suite 1500, Dallas, Texas 75244; or by contacting by phone (855) 212-6020 Monday through Friday from 9AM TO 5PM CST.

REFUND POLICY
Smart HealthPass provides all members with a 30 day money back guarantee. You MUST cancel your Smart HealthPass membership within thirty (30) calendar days of your initial purchase in order to receive a refund.

Any cancellations after thirty (30) calendar days of purchase will not receive a refund.

By executing a purchase transaction via Smart HealthPass (et al) you agree to the terms of this REFUND/PURCHASE POLICY without exception, and the TERMS OF USE.

CONTACT US
If you have any questions about this policy or want to correct or update your contact information, simply contact us by email, by phone at (855) 212-6020 or by mail at Smart HealthPass, Attention: Customer Care Center, 4201 Spring Valley Road, Suite 1500, Dallas, Texas 75244. EMAIL US.

Smart HealthPass and Smart HealthPass Plus is NOT INSURANCE and is not intended to replace your primary care provider. Smart HealthPass Plus should not be used for any medical emergency situation - always call 911.
Not available outside the United States. Not Available in ME & NH. Lab not available in NY, NJ, RI, MD or MA.