TERMS OF USE

These Terms of Use are effective as of March 10, 2020

Welcome to Bridgedcare This is an agreement between Bridgedcare, LLC, (“Bridgedcare” or “we” or “us” or “our”), the owner and operator of the SurgerySavings web-based application, (the “Site”), and you (“you” or “You”), a user of the Site, is subject to the terms and conditions set forth below (the “Terms of Use”). Your use of the Site in any way means that you agree to all of these Terms of Use, and these Terms of Use will remain in effect while you use the Site. These Terms of Use include the provisions in this document, as well as those in our Privacy Policy.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE AND ALSO THE PRIVACY POLICY; SO PLEASE READ THEM CAREFULLY. IF YOU CHOOSE TO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SITE IN ANY MANNER.

UPDATES AND CHANGES TO TERMS OF USE

Bridgedcare may modify these Terms of Use from time to time. We reserve the right to change the Terms of Use at any time, but if we do, we will bring it to your attention by placing a notice on the Site and post any changes on this page with the effective date of the update at the top of this page. We encourage you to check back and review this agreement for any updates or modifications. After any such modification becomes effective, your continued access or use of this Site shall constitute acceptance of such modifications of the Terms of Use. Bridgedcare has the right to terminate your access or use of this Site at any time without notice.

DESCRIPTION OF SITE

Through the Site, Bridgedcare offers information on physicians, healthcare providers, healthcare facilities and specialty hospitals (collectively, the “Healthcare Providers”). Bridgedcare organizes information to help you independently assess particular Healthcare Providers. To enable such assessment, Bridgedcare may include profiles and materials and other details about the Healthcare Providers. The information is compiled from a variety of sources, including your health plan, publicly available records, and third-party providers, then processed using various proprietary algorithms and processes, and finally arranged in a simple-to-use and easy-to-view format. Depending on the search criteria used by you when performing a search for a Healthcare Provider on the Site, the Healthcare Providers may be sorted based on a variety of factors.

NO MEDICAL ADVICE OR PRACTICE OF MEDICINE

The Site does not provide medical advice and neither the information available nor any email responses to your questions shall create a physician-patient relationship or constitute the practice of medicine. The Site and the information contained within should not be considered an endorsement of any medical provider or to any individual patient’s condition. The Site and the Content are provided for information purposes only and are not intended to be a substitute for professional medical advice. Should you have medical or health-related questions, contact your physician or other qualified Healthcare Provider.

The Content and other information on the Site include statements of opinion, which are not statements of fact or recommendations to utilize the services of any specific Healthcare Provider. You should obtain additional information necessary to make an informed decision prior to selecting and using any specific provider. We do not offer advice regarding the quality or suitability of any particular surgeon or facility for any specific procedure. You acknowledge and agree that we are not responsible or liable for any advice, treatment or other services rendered by any Healthcare Provider, or for any claims including malpractice that may arise directly or indirectly from any such advice, treatment or other services. While Bridgedcare tries to keep the Site as accurate as possible, Bridgedcare disclaims any warranty concerning the accuracy, timeliness, and completeness of the information and Content on the Site.

SUBMISSIONS

Any information or content transmitted through the Site by you is your sole responsibility, and we are not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Site.

When you use the Site or send e-mails and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You acknowledge and agree that by submitting remarks, emails, complaints, suggestions, improvements, ideas, graphics, feedback, edits, concepts, comments, reviews, ratings, illustrations and other material (other than information given in connection with registration) to Bridgedcare through the Site (individual and collectively, the “Submissions”), you (a) grant Bridgedcare the right to pursue at law any person or entity that violates your and/or Bridgedcare’s rights in your Submissions, (b) you also acknowledge and agree you’re your submissions are submitted by you without any restrictions or expectations of confidentiality and do not contain proprietary information. You are responsible for your own Submission and the consequences of such posting. You may expose yourself to liability by making a Submission, if for example your Submission is false, intentionally misleading, defamatory, or violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or property right, contains material that is illegal, obscene, software viruses, corrupted data, commercial solicitations, mass mailing any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any material or other content you submit.

USER ACCOUNTS AND PASSWORDS

Access to the Site is limited by a user identifier and password, which are selected by you as part of registering for an account via the Site. By registering for a Site user account, you represent, warrant and agree that: (a) you are at least 18 years of age, (b) you are using your actual identity, (c) you have provided only true, accurate, current and complete information about you during the registration process, and (d) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. 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 (a) control the disclosure and use of your username and password; (b) authorize, monitor, and control access to and use of your user account and password. You agree not to provide your user account credentials 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. By logging onto a Site user account using a password or single sign on, you represent, warrant and agree that you are authorized to use such user account and password and to engage in the activities that you conduct thereunder. You further agree that you will be solely responsible for any activities conducted on or through your user account regardless of whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your user account, your computer or your mobile device. Your user identifier and password are unique to you, and you agree not to disclose or share your user identifier and password to or with any third-party

INTELLECTUAL PROPERTY

The Site contains materials, including, but not limited to, data, text, graphics, images, logos, articles, photos, illustrations and other materials provided by or on behalf of Bridgedcare (collectively referred to as the “Content”). All rights, title and interest in and to the Content, including without limitation the graphical display and arrangement of the Site and the Content, and all intellectual property rights embodied therein, are the property of Bridgedcare or its content suppliers and protected by United States and international copyright including any of the Content that may be stored or displayed by Bridgedcare on other media or servers. The Site and the Content contained and referenced therein are for informational purposes only. Any reproduction, retransmission or other use is strictly prohibited, except as otherwise provided by this agreement or by Bridgedcare’s express authorization.

PROHIBITED USE OF SITE

You represent, warrant, and agree that you will not use the Site or interact with the Site in a manner that:

• Infringes or violates the intellectual property rights or any other rights of anyone else (including Bridgedcare);
• Violates any laws or regulation, including any applicable export control laws;
• Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
• Jeopardizes the security of the Website;
• Violates the security of any computer network, or cracks any passwords or security encryption codes;
• Runs Maillist, Listserv, any form of autoresponder or “spam” on the Site, or any processes that run or are activated while you are not on the Site’s infrastructure);
• “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Site (through use of manual or automated means);
• Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Site.

A violation of any of the foregoing is grounds for termination of your right to use or access the Site, among other legal and equitable remedies available to Bridgedcare.

COPYRIGHT

All content included in or made available on the Site, such as text, graphics, logos, button icons, images, illustrations, digital downloads is the property of Bridgedcare or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available on the Site is the exclusive property of Bridgedcare and protected by U.S. and international copyright laws.

TRADEMARKS

Bridgedcare’s name and any other names of Bridgedcare or its websites, publications, products, content or services referenced on the Site are the exclusive trademarks or service marks of ValueHealth, including without limitation the look and feel of the Site and the color combinations, layout and other graphical elements. You may not use Bridgedcares’s trademarks in any manner without the express, written permission of Bridgedcare. Other product and company names that appear may be subject to trademark or other rights of other parties.

DISCLAIMERS

THE SITE ALONG WITH ALL INFORMATION, CONTENT, MATERIALS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED BY BRIDGEDCARE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BRIDGEDCARE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, AND THE SUBMISSION OF ANY INFORMATION BY YOU IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, BRIDGEDCARE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BRIDGEDCARE DOES NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BRIDGEDCARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATIONS ON LIABILITY

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE SHALL BE YOUR TERMININATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SAME. BRIDGEDCARE AND ITS SUPPLIERS AND LICENSORS (INCLUDING, FOR THE PURPOSES FOR THIS ENTIRE SECTION, ALL PROVIDERS OF SERVICES AND CONTENT FOR THIS SITE) 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, DIRECT, 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, EVEN IF ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD BRIDGEDCARE, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM :

1. YOUR MISUSE OF THE SITE AND ANY MISUSE OF THE CONTENT
2. ANY BREACH BY YOU OF THIS AGREEMENT
3. ANY SUBMISSIONS YOU MAKE ON THE SITE, AND

ANY INFRINGEMENT OF THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER NEGLIGENT, ILLEGAL OR WRONGFUL CONDUCT BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR USER ACCOUNT, YOUR COMPUTER OR YOUR MOBILE DEVICE.

ASSIGNMENT

You may not assign, delegate or transfer these Terms of Use or your rights or obligations hereunder, or your Site account, or any rebooking site that you purchase, in any way (by operation of law or otherwise) without Bridgedcare’s prior written consent. We may transfer, assign, or delegate these Terms of Use and our rights and obligations without consent.

TERM AND TERMINATION

These Terms of Use shall commence at the earlier of the time you click “I Agree” to this agreement or that you access, browse or use the Site and any of the Content, and continues in perpetuity unless terminated by you in accordance with this provision and/or by Bridgedcare. Bridgecare reserves the right, at any time and for any reason, without notice to you, (a) to deny you access to the Site and any of the Content, (b) to change, remove or discontinue any of the Content or services available on or through the Site, or (c) to terminate this agreement. This warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions of this agreement which by their nature are intended to survive and will survive the termination or expiration of this agreement for any reason.

THIRD-PARTY LINKS

Occasionally, at our discretion, our Site may include links to third-party web sites or services that are not owned or controlled by Bridgedcare. In addition, we provide links to the sites of affiliated companies and certain other businesses. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

PRIVACY POLICY

Bridgedcare recognizes the importance of protecting the privacy of users and visitors to our Site. The Privacy Policy is incorporated and made part of this agreement. To view the most current version of the Privacy Policy, please read our Privacy Policy on the Site. You agree that, by using the Site, you agree to the collection, use, and sharing (as set forth in the Privacy Policy) of that information. Any changes to the Privacy Policy will be communicated on the Privacy Policy page on the Site.

RELEASE FOR EVENTS BEYOND OUR CONTROL

You absolve and release Bridgedcare, its officers, directors, owners, employees, and agents from any claim of harm resulting from any cause over which Bridgedcare does not have control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

WAIVER

No delay or omission by Bridgecare to exercise any right occurring upon any noncompliance on your part with respect to any of the terms of this agreement will impair any such right or power or be construed to be a waiver thereof. Any waiver by Bridgedcare of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.

SEVERABILITY

We reserve the right to make changes to our Site, policies, and these Terms of Use at any time. If any portion of these Terms of Use are determined to be invalid, void, or unenforceable, that portion shall be deemed severable and the remaining portions will remain valid, enforceable, and in effect.

GOVERNING LAW

These Terms of Use shall be governed, construed, and enforced in accordance with the laws of the State of Delaware, without regard to its conflict of laws rule including its own. Each Party waives any right to jury trial in connection with any action or litigation in any way arising out of or related to these Terms of Use.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between You and Bridgedcare with respect to Your use of the Site and the Content and supersedes any and all prior understandings or agreements between You and Bridgedcare, whether written or oral. You acknowledge that, in providing You access to use the Site and the Content, Bridgedcare has relied on Your acceptance of this Agreement. Failure to insist on strict performance of any provisions of this Agreement will not constitute a waiver of any breach or failure of performance.

Attn : Legal Department

ValueHealth, LLC

11221 Roe Ave.

Leawood, KS 66211