AAA HealthCONNECT Terms & Conditions

Updated March 31, 2022

Please read this agreement carefully to ensure that you understand each provision. These Terms contain a mandatory individual arbitration and class action/jury trial waiver provision in Section 15 that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. Welcome to AAA HCO, owned and operated by AAA HealthCONNECT, LLC and its affiliates (“AAA HCO,” “we,” “our,” or “us”).

These Terms of Use (these “Terms”) govern your use of the following (together and any part thereof, the “Service”): (i) the AAA HCO website; (ii) AAA HCO’s mobile applications; and (iii) any services, products or support provided by and via AAA HCO in connection with the foregoing, together with any content and materials contained or accessible via the AAA HCO website or mobile applications. In addition, these Terms and/or the terms of your signing up and joining AAA HCO (an “Order”) govern and describe the pricing, services, and support that we may provide. In the event of any conflict or inconsistency between the applicable Order and these Terms, the applicable Order will control with respect to pricing and the description of the Service.

1. Acknowledgment of the Terms

By placing an Order, accessing or using the Service, signing these Terms, or clicking a button marked “Order Now”, “Purchase”, “Subscribe”, “Accept”, “Confirm”, or something similar, you signify that you have read, understood, and agree to be bound by these Terms and to the collection and use of your information as set forth in the AAA HCO Privacy Policy, which is hereby incorporated by reference. These Terms apply to all visitors, users, and others who register for or otherwise access the Service, (collectively, the “Users”). If you are a User and are purchasing the Service on behalf of and for the benefit of another person (including without limitation in your role as a caregiver), you must also review these Terms before you place an Order, access or use the Service, or click a button marked “Subscribe”, “Schedule Event”, “Confirm”, or something similar, to indicate that you and the other person have reviewed and agree to the Terms.

Certain services may be subject to additional terms and conditions specified by us from time to time, and your use of such services is subject to those additional terms and conditions, which are hereby incorporated into these Terms by reference.

We will provide the Service to you as described in these Terms. Certain third parties other than AAA HCO may provide links to provide services or sell product lines through AAA HCO or provide you with content via the Service. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase or use any of the products, services or content offered by these businesses or individuals via AAA HCO, you are purchasing for products, services or content to be delivered by those third parties, not from AAA HCO. We do not warrant, the offerings of any of these businesses or individuals (including without limitation their content). AAA HCO does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

2. Eligibility

This is a contract between you and AAA HCO. You must read and agree to these Terms before using any part of the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with AAA HCO, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms. The Service is not available to any Users previously removed from the Service by AAA HCO.

Subject to the terms and conditions of these Terms, you are hereby granted a non- exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. AAA HCO reserves all rights not expressly granted herein in the Service. You may not misuse the Service and may use the Service only as permitted by law. AAA HCO may terminate this license at any time for any reason or no reason.

3. Service Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping;” (ii) using any automated

system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the AAA HCO systems than a human can reasonably produce in the same period of time by using a conventional online web browser (except that AAA HCO grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the systems running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including without limitation account names, from the Service; (viii) using the Service for any commercial purposes (including without limitation commercial solicitation purposes); (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting  fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including without limitation if in our sole determination  you violate any provision of these Terms, or for no reason.

4. Electronic Communications

You may communicate with us by sending emails, messages, or other electronic communications. You consent to receive communications from us electronically, such as emails, text messages, or other electronic communications. If you do not want to receive such electronic communications, you may opt out or change your preferences by emailing CONNECT@AAAHEALTHCONNECT.COM. Opting out may prevent you from receiving messages regarding updates, improvements, or offers.

If you opt-in to receiving SMS/text messages, you agree to receive SMS/text messages from AAA HCO to your mobile phone number provided, and you certify that your mobile number provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such text messages. You acknowledge and agree that the text messages may be sent using an automatic telephone dialing system and that standard message and data rates apply. Consent is not required as a condition of purchase. For help or to unsubscribe from text messages at any time, contact us at CONNECT@AAAHEALTHCONNECT.COM. You consent to the following such a request to unsubscribe, you may receive one final text message from AAA HCO confirming your request.

5. Our Proprietary Rights

The Service and all Intellectual Property Rights (defined below) related thereto or embodied therein, are the exclusive property of AAA HCO and/or its licensors (including without limitation other Users who post content to the Service). Except as explicitly provided herein, nothing in these Terms will be deemed to grant you a license or any other rights in or under the Service or any Intellectual Property Rights related thereto or embodied therein.  In addition to any other restrictions set forth in these Terms, you agree not to (to the extent applicable to the part of the Service): (a) sell, license, sublicense, rent, reuse, modify, distribute, copy, download, reproduce, transmit, publicly display, publicly perform, publish, adapt, aggregate, scrape, syndicate recreate, redistribute, share, edit, create derivative works from, reverse engineer, or exploit the Service, (b) use the Service to create any product or service, (c) use any content accessible via the Service in a manner that casts any person in a false light, (d) remove or conceal any copyright notice, watermark, trademark, or other proprietary notice incorporated in the Service, (e) co-brand or white-label the Service with any third-party branding, (f) use the Service for any commercial or non-personal purpose, or (g) automate the selection and formatting of any content accessible via the Service for any purpose. Use of the Service for  any purpose not expressly permitted by these Terms is strictly prohibited.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place AAA HCO under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, AAA HCO does not waive any rights to use similar or related Ideas previously known to AAA HCO, or developed by its employees, or obtained from sources other than you.

6. Educational Only Nature of Financial Information

You understand that none of the providers of content on the Service (including through use of direct phone calls or other communications) will advise you personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities, transaction, investment strategy or other matter. You further understand that we will not advise you personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities, transaction, investment strategy or other matter. Accordingly, do not attempt to contact us seeking personalized investment advice, which they cannot provide. To the extent any of the content provided through the Service may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person. This information is meant to be educational only.

You understand that the views expressed or provided through the Service are the author’s own opinions. Neither AAA HCO nor its personnel recommend the purchase of particular securities, nor do they promise or guarantee any particular investment results. Past results attained by any party by way of the direct or indirect utilization of any information previously published or otherwise provided by AAA HCO or any of its personnel are not indicative of future returns utilizing information and are not indicative of future returns which may be realized by you. 

You further understand and acknowledge that there is a very high degree of risk involved in trading and investing securities. You acknowledge and agree that you (and neither AAA HCO nor its personnel) are solely responsible for your own investment research and decisions and the content provided through the Service is not intended to be and should not be interpreted as a promise or guarantee of any particular result. You further understand that AAA HCO encourages you to seek the advice of a qualified securities professional and/or tax or legal advisor, as necessary, before making any investment, and to investigate and fully understand any and all risks before investing. None of the information provided through the Service is intended as investment, tax, accounting or legal advice, or as an offer or solicitation of an offer to buy or sell, or as an endorsement of any company, security, fund or other securities or non-securities offering.

7. Order and Payment Terms

A. Orders

After you place an Order, we will review the information you provided for validity by verifying your method of payment and/or billing address. Any fees that we may charge you are due prior to or at the time of Service. We may contact you (via phone, email, or other method of communication) if additional information is required to accept and process your order. Invalid Order information may result in delays in processing your order. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. If there is a problem charging your original selected payment method, we may charge any other valid payment method associated with your account. You will pay any and all applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. Your receipt of an order confirmation does not constitute AAA HCO’s acceptance of your Order. Without prior notification, AAA HCO maintains the right to refuse to sell the Service to any customer for any reason or no reason at all. If your Order is canceled, we will attempt to notify you using the email address you have given us with the Order.

B. No Sales to Children

AAA HCO does not sell its Service for or to children, but only to adults, who can purchase with a credit card or other permitted payment method. If you are under eighteen (18) years of age, you may use the Service only with involvement and consent of a parent or legal guardian.

8. Privacy

We care about the privacy of our Users. You understand that by using the AAA HCO     and/or the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States.

9. Information Security

AAA HCO cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. You are responsible for maintaining the confidentiality of your account username, account number, password, passcode, and any other login credentials and accept responsibility for activities under your account.

10. Third-Party Links and Information

AAA HCO and Service may contain links to third-party materials that are not owned or controlled by AAA HCO. AAA HCO does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or through any third-party website or service, you do so at your own risk, you understand that these Terms and AAA HCO’s Privacy Policy do not apply to your use of such sites or services, and your use of such sites and services may be subject to the terms and privacy policies of such third-party sites and services. You expressly relieve AAA HCO from any and all liability arising from your use of any third-party website, service, or content, including without limitation content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including without limitation payment and   delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that AAA HCO will not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

11. Application Permissions

By using the Service as an application (i.e., app) on a mobile device, you agree to grant certain permissions for AAA HCO to use on your device.

12. Term and Termination

A. Term

 These Terms will be in effect from the time that the Service is activated until it is terminated as provided for by these Terms or by any addendum to or replacement of these Terms. The Service begins the earliest of (1) the day your Order for the Service is entered into our billing system or (2) the day that you accept or begin use of the Service.

B. Termination by Us

Subject to applicable law, we reserve the right to act immediately and without notice to terminate or suspend the Service and/or to remove from the Service any information transmitted by or to any users (e.g., email or voicemail). We may take these actions if we: (1) determine that your use of the Service does not conform with the requirements set forth in these Terms, (2) determine that your use of the Service interferes with our ability to provide the Service to you or others, (3) reasonably believe that your use of the Service may violate any laws, regulations, or written and electronic instructions for use, (4) reasonably believe that your use of the Service interferes with or endangers the health and/or safety of our personnel or third parties or (5) you threaten, harass, or use vulgar and/or inappropriate language toward our personnel. Our action or inaction under this Section will not constitute review or approval of your or any other users’ use of the Service or information transmitted by or to you or other users. In the event that we suspend or terminate your Membership or these Terms for your breach of these Terms, you understand and agree that you will receive no refund or exchange for any unused Services, any content or data associated with your account, or for anything else. AAA HCO reserves the right to refuse service, terminate accounts, terminate your rights to use the Service, remove or edit content, or cancel Order(s) in its sole discretion for any reason or no reason.

13. Release and Indemnity

You hereby agree to release AAA HCO from all damages of any kind (whether direct, indirect, incidental, punitive, consequential, or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of, relating to, or in connection with the Service, including without limitation a dispute between you and a third party (including without limitation other Users) in connection with the Service. In addition, you waive any applicable law or statute, which says, in substance:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

You agree to defend, indemnify and hold harmless AAA HCO and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including without limitation any data or content transmitted or received by you or contained therein; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your account username, account number, password, passcode, or any other login credentials.

14. No Warranty

The Service is provided on an “as is” and “as available” basis. You expressly agree that use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without representations or warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

AAA HCO does not warrant, guarantee, or assume responsibility for any third party services and products, including without limitation your applications, accounts, or data. No communication obtained by you from AAA HCO or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, AAA HCO, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service or any communications from AAA HCO are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.

AAA HCO does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service AAA HCO will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Federal law, some states, provinces, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement will not apply to the extent prohibited by applicable law.

15. Limitation of Liability

To the maximum extent permitted by applicable law, in no event will AAA HCO, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, business, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this service. Under no circumstances will AAA HCO be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service, your applications or accounts, or your account or the information contained therein.

To the maximum extent permitted by applicable law, AAA HCO assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, loss of data and/or personal information, equipment damage, or other property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our systems and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) any content you submit to AAA HCO or the defamatory, offensive, or illegal conduct of any third party. In no event will AAA HCO, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to AAA HCO hereunder or $100.00, whichever is greater.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AAA HCO has been advised of the possibility of such damage. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.

Some states or other jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.

By accepting these Terms, you waive all claims against us for interference, disruption, or incompatibility between the Service and any other service, systems, or equipment. In the event of such interference, disruption, or incompatibility, your sole remedy will be to terminate the Service in accordance with Section 11 (Term and Termination).

The Service is controlled and operated from facilities in the United States. AAA HCO makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked, sanctioned, or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

16. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

A. Governing Law

You agree that: (i) the Service will be deemed solely based in the State of Ohio and (ii) the Service will be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the State of Ohio. These Terms will be governed by the internal substantive laws of the State of Ohio without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Lucas County, Ohio for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including without limitation any provisional relief required to prevent irreparable harm. You agree that Lucas County, Ohio is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

B. Arbitration

Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from AAA HCO. For any dispute with AAA HCO, you agree to first contact us at CONNECT@AAAHEALTHCONNECT.COM and attempt to resolve the dispute with us informally. Notice will describe, in reasonable detail, the facts and legal grounds forming the basis for your request for relief and will include a statement of the total amount of damages claimed. In the unlikely event that AAA HCO has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein.

JAMS may be contacted at www.jamsadr.com (https://www.jamsadr.com/). The arbitration will be conducted in Lucas County, Ohio, unless you and AAA HCO agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Nothing in this Section will be deemed as preventing AAA HCO from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

C. Class Action/Jury Trial Waiver

With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver also applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, if for any reason a claim proceeds in court rather than in arbitration you and AAA HCO are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

17. General

A. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AAA HCO without restriction. Any attempted transfer or assignment in violation hereof will be null and void.

B. Notifications and Changes to these Terms

AAA HCO reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms. AAA HCO is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. AAA HCO may, in its sole discretion, modify or update these Terms or other policies from time to time, and so you should review this page periodically as well as any pages for other polices. When we change these Terms in a material manner, we will update the ‘last modified’ date and notify you that material changes have been made to these Terms. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

18. Entire Agreement/Severability

These Terms, together with any Orders, amendments, and any additional agreements you may enter into with AAA HCO in connection with the Service, will constitute the entire agreement between you and AAA HCO concerning the Service. If any provision of these Terms is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.

A. No Waiver

No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and AAA HCO’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

B. Contact

Please contact us at CONNECT@AAAHEALTHCONNECT.COM with any questions regarding these Terms.

Member to Member Social Forum Access Agreement

Welcome to AAA HCO Forum, owned and operated by AAA HealthCONNECT, LLC and its affiliates (“AAA HCO,”) “we,” “our,” or “us”).

AAA HCO Member to Member forum (“Forum”) is presented for the purpose of connecting, sharing information, and creating a member-to-member discussion on relevant topics.

By joining the Forum, you agree that you have read and will follow the rules, terms and conditions set forth below in this Access Agreement and in AAA HCO’s Terms of Use. This is a great online platform in which to solicit the advice of your fellow members, benefit from their experience, and participate in an ongoing conversation. Questions about the Forum should be directed to our Member Navigators by calling 888-888-0421.

This Forum Access Agreement and Terms of Use governs your participation in and use of the Forum. The rules, terms and conditions set forth below in this Forum Access Agreement (collectively referred to as the “Rules”) apply to all members of the Forum and constitute a binding, legal agreement between you and AAA HCO.

Please take a moment to read these important Rules. In order to preserve a climate that encourages both civil and fruitful dialogue, we reserve the right to suspend or terminate participation in the Forum for anyone who violates these Rules.

Rules

Participants must adhere to the following rules:

1. The Forum has been made available to participants for the purpose of the discussion of issues important to our members.

2. The Forum is available to participants for educational and informational purposes only. Participants must rely solely on their own judgment with respect to all issues discussed. AAA HCO does not approve or endorse any specific advice or practices that may be mentioned on the Forum. AAA HCO makes no representations or warranties regarding the experience, qualifications or information provided by member participants or otherwise provided using the Forum.

3. Information posted on the Forum will not be treated as confidential and, therefore, you should not disclose any confidential, proprietary, or sensitive business or other information. In fact, since any information posted on the Forum may be downloaded, reproduced, and disseminated without the knowledge of user(s), users must use extreme care when posting or sending such information.

4. Users acknowledge and agree that they (i) will not have any copyright or other property rights in or to information that they (or others) post on the Forum; (ii) specifically waive any such property rights; and (iii) hereby grant all users a license to use (including without limitation the right to publish) all information posted by them on the Forum.

5. Users should exercise both common sense and courtesy in the messages they transmit on the Forum and may not transmit defamatory, obscene, pornographic, derogatory, and otherwise offensive communications.

6. Users may not post or distribute files, articles or other information subject to trademark, copyright, or other proprietary rights, except with the express consent of the owner of the rights.

7. Users are prohibited from posting commercial messages, advertising, or selling goods or services.

8. Users are prohibited from using the Forum for any purpose that may be illegal. For example, the Forum may not be used to solicit or disseminate information having to do with, or to conduct any activity relating to, illegal drugs, pornography, gambling, spreading computer viruses, software infringement, soliciting, trafficking in credit card codes, price-fixing, illegal boycotts, or other crimes.

9. The Forum may not be used in a manner that violates applicable federal, state or local laws.

10. AAA HCO will deny access to the Forum to any individual who has not agreed to the terms of these Rules and reserves the right, in its sole discretion, to (i) remove any postings or other content that is not consistent with these Rules or otherwise not in the best interests of the Forum; and (ii) suspend or terminate access to the Forum for violations of these Rules or for otherwise acting in a manner contrary to the best interests of the Forum.

Disclaimer

 The views expressed on the Forum are those of the individual contributors. They do not and should not be construed as representing the views of AAA HCO. AAA HCO makes no warranty, guarantee, or representation, express or implied, as to the accuracy or sufficiency of the information posted on the Forum, whether posted by AAA HCO or any third party, and AAA HCO assumes no responsibility or liability regarding the use or misuse of such information for any purpose. AAA HCO disclaims any responsibility to maintain copies of any information posted on the Forum or to assure that such information is deleted. Unless specifically stated otherwise, the Forum does not endorse, approve, recommend, or certify any information, advice, guidance, product, process, service or organization presented or mentioned on the Forum, and information from the Forum should not be referenced in any way to imply such approval or endorsement.

Release

The Rules include a legally binding release, waiver, discharge, and covenant not to sue (collectively, Release), made voluntarily by you, on your own behalf, and on behalf of your heirs, executors, administrators, legal representatives, and assigns (collectively, Releasor or you) to AAA HCO.

As the Releasor, you fully recognize that AAA HCO does not require you to participate in or utilize the Forum. With informed consent, and for valuable consideration received, including without limitation access to the Forum, as the Releasor, you agree to assume and take on yourself all of the risks and responsibilities in any way arising from or associated with the Forum and any materials, information, guidance, or advice contained or posted on or to the Forum, and you release AAA HCO and its affiliates, members, committees, board, officers, directors, legal representatives, employees, agents, administrators, assigns, and contractors (collectively, Releasees), from any and all claims, demands, suits, judgments, damages, actions, and liabilities of every name and nature whatsoever, whenever occurring, whether known or unknown, contingent or fixed, at law or in equity, that you may suffer at any time arising from or in connection with the Forum, your acts or omissions, or information you transmit in connection with your participation in an use of the Forum, and the materials, information, guidance, or advice contained on the Forum, including without limitation any injury or harm to others (collectively, Liabilities), and you agree to defend, indemnify, and hold Releasees harmless from and against any and all Liabilities. As the Releasor, you recognize that this Release means that you are giving up, among other things, all rights to sue Releasees for injuries, damages, or losses that you may incur.

Choice of Law

These Rules shall be governed in all respects by the laws of the State of Ohio, United States of America, exclusive of its choice of law or conflict of law provisions. In addition, users consent to be subject to the exclusive personal jurisdiction of the state courts located in Lucas County, Ohio, and waive any jurisdictional, venue, or inconvenient forum objections to such court in the event of any dispute between the parties.

Amendments

AAA HCO reserves the right to modify or change the terms of these Rules as it determines from time to time in the best interests of AAA HCO, provided that all Forum users are notified of any such change. Use of the Forum constitutes the user’s continuing agreement to be bound by these Rules, as amended from time to time.

Acceptance of Rules

By joining the Forum, you (i) represent and warrant that you have read these Rules, including, without limitation the terms of the Release set forth above; (ii) fully understand the terms of these Rules (including, without limitation, the Release included herein) and acknowledge that you have had the opportunity to review these Rules (including, without limitation, the terms of the Release) with an attorney of your choosing if you so desire; and (iii) agree to be legally bound by the terms of these Rules.