Legal Terms of Use

Date Updated: March 1, 2024

PLEASE READ THESE TERMS, CONDITIONS AND AGREEMENTS SET FORTH BELOW (THESE “TERMS OF USE”) CAREFULLY BEFORE USING THIS SITE (AS DEFINED BELOW). By using this Site, you signify your agreement to these Terms of Use. You must agree to these Terms of Use in order to use this Site. If you do not agree to all of these Terms of Use, do not use this Site.

These Terms of Use govern the Use (as defined below) of the various websites, our mobile application and related web-based services of Medical Mutual of Ohio and its Family of Companies (collectively, “Medical Mutual”, “we”, “our”, or “us”). For ease of reference, the access, transmission, viewing or other use of our various websites, our mobile application, and related web-based services and Content (as defined below) such as text, information, images, video and audio and all services (“Services”) and any of the information contained herein (collectively, this “Site”) is hereinafter referred to collectively as the “Use” of, or “Using”, this Site.

This Site incorporates proprietary intellectual properties, which are protected by copyright (including certain rights of patentability) and which we maintain as confidential and proprietary information to be Used only in connection with these Terms of Use. By Using this Site, you are agreeing to be bound by these Terms of Use. We may revise and update these Terms of Use at any time. Therefore, we encourage you to review this Site and these Terms of Use for any updates or changes on a periodic basis. Your present and subsequent Use of this Site demonstrates your acceptance of these Terms of Use.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AND REPRESENT THAT YOU ARE OVER THE AGE OF EIGHTEEN (18) AND ABLE TO FORM LEGALLY BINDING CONTRACTS. 

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.

5. Privacy and Personal Information. You can view our Privacy Policy on this Site. You agree to be bound by our Privacy Policy (as may be amended by us in accordance with its terms), which is hereby incorporated by reference into these Terms of Use and maintain your data accordingly.

6. Security. The security of your personal information is very important to us. None of your personal information can be legally accessed or released without your consent except as discussed in these Terms of Use and in our Privacy Policy. All such information is stored in a secured database and all reasonably prudent efforts are made to assure that same is secure.

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.
  • You will Use the Services in accordance with these Terms of Use and comply with any laws that apply to you.
  • It is your responsibility to protect your personal information, health information and your registration information and passwords by keeping secret your registration information, password and other security information related to your My Health Plan portal account, and taking other reasonable steps to protect your privacy and security.
  • You are responsible for any Use of your registration information and passwords. Medical Mutual will not be responsible for any loss or damage caused by someone else utilizing your registration information or passwords to gain access to the Site or Services.
  • You will notify Medical Mutual immediately of any unauthorized use of your registration information or passwords or any other concern about your My Health Plan portal account security.

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 or the Site for any illegal, unethical, abusive, offensive, harassing, or unsolicited purpose;
  • Using the Services, Site or Content (as defined below) in any way not expressly permitted by these Terms of Use;
  • Copying or publishing the Services, Site or Content (as defined below) in any media, or selling, sublicensing, or otherwise commercializing the foregoing with our express, prior written permission;
  • 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;
  • Engaging in any copying, modifying, data mining, data harvesting, data extraction or any other similar activity in relationship this Site or while using this Site;
  • Interfering with the operation of our Site or Services;
  • Attempting to gain unauthorized access to the Services; or
  • Assisting a third party in engaging in any of these prohibited activities.

11. Intellectual Property. Medical Mutual owns all rights to the Services, the trademarks on this Site, content, software, and all intellectual property. All of the content on this Site, including all text, photographs, graphics, images, videos, format, and other expressions (“Content”) is the property of us, or the suppliers of Content. All of the above is protected by U.S. and international copyright laws. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT LAWS AND TREATIES. You may only Use the Content for accessing and understanding such information for individual and personal use. You may not copy, make any reproduction or modification or any derivative work of the foregoing, and may not republish or display any of same, nor may any of same be linked to any other website unless such website provides acknowledgment of ownership of same in Medical Mutual or its third-party suppliers or licensors. All rights not expressly granted in these Terms of Use are reserved to Medical Mutual. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by these Terms of Use.

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
Attn: Chief Legal Officer
100 American Road
Cleveland, Ohio 44144

14. Intellectual Property Rights. You agree that we (or our Content providers) own all worldwide rights, titles, and interests in and to the Site. You may create a bookmark in your browser to the home page of the Site. Otherwise, you may not create a link to the Site without our prior written approval. All rights not expressly granted in these Terms of Use are reserved to Medical Mutual. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by these Terms of Use.

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 (INCLUDING WITHOUT LIMITATION AI-GENERATED CONTENT) 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. 

Please note that some Content on this Site may be generated by artificial intelligence, machine learning engines or systems, neural networks, or similar systems (collectively, “AI”). We cannot guarantee the accuracy, completeness, or timeliness of the information or output generated by AI, including without limitation an AI output that is generated in connection with information or data that you may input into the Services (collectively, “AI-Generated Content”). AI-Generated Content must not be used as a substitute for professional advice. You must verify the AI-Generated Content and consult with appropriate professionals for specific advice or information. We suggest that you do so before making any decision based on such AI-Generated Content. We do not assume, and we specifically disclaim, any responsibility or liability damages or losses resulting from your use or interpretation of this AI-Generated Content. Any actions that you take based on AI-Generated Content are at your own risk. Additionally, the AI-Generated Content is not intended to be offensive or discriminatory. If you find any AI-Generated Content that is offensive or discriminatory, please report it to us.

16. AI Services. We may use AI of Medical Mutual or its contractors or service providers in connection with your Use of the Services. You are responsible for all information and data you may input into the AI (collectively, your “Input”) and you represent and warrant that you have all rights, licenses, and permissions required to share your Input with us. You are solely responsible for responding to any third-party claims regarding your use of the AI in compliance with applicable laws. As part of providing the Services, Medical Mutual will process and store your Input as well as any AI-Generated AI Content created in connection with your Input. You acknowledge and agree that Medical Mutual, to the extent permitted by applicable law, retains all ownership in and use of AI-Generated Content and, unless it is part of the Services or otherwise expressly agreed to by Medical Mutual in writing, Users have no rights to use the AI Generated-Content. For example, you have a right to use the AI-Generated Content shared with you as necessary for you to Use the Services and for your own personal use, but commercial use of the AI Generated Content by you is prohibited.

17. 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. 

18. 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. We May Freely Use Feedback You Provide. You agree that we may use your feedback, suggestions, or ideas in any way, including, without limitation, in future modifications of this Site, the Services, other products or services and/or advertising or marketing materials, in accordance with the terms of the Privacy Policy. You grant Medical Mutual a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.

20. Advertisements and Links to Other Websites; Third-Party Providers and Third-Party Materials. This Site may contain advertisements placed by or on behalf of third parties. These advertisements may contain links to other websites. We may also from time to time provide links on this Site to third-party websites or engage third-party vendors or service providers, including but not limited to vendors or service providers that incorporate AI (collectively, “Third-Party Providers”), to embed or otherwise include in the Services access to certain third-party links, documents, websites, AI tools, or features (collectively, “Third-Party Materials”). You may be required by such Third Party Providers to accept and agree to the terms and conditions for the use and access of such Third Party Materials. These third-party sites and Third-Party Materials are provided only as a convenience to you. UNLESS EXPRESSLY STATED BY US, MEDICAL MUTUAL DOES NOT RECOMMEND OR ENDORSE PARTICULAR PRODUCTS, SERVICES, OR WEBSITES OF ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION THIRD-PARTY MATERIALS OR THIRD-PARTY PROVIDERS, OR MAKE ANY DETERMINATION WHETHER ANY SUCH PRODUCT, SERVICE, OR WEBSITE, INCLUDING WITHOUT LIMITATION THIRD-PARTY MATERIALS OR THIRD-PARTY PROVIDERS, 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, INCLUDING WITHOUT LIMITATION THIRD-PARTY MATERIALS OR THIRD-PARTY PROVIDERS. MEDICAL MUTUAL DOES NOT ASSUME ANY RESPONSIBLE FOR THIRD-PARTY SITES, THIRD-PARTY MATERIALS, AND THIRD-PARTY PROVIDERS. MEDICAL MUTUAL IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, OR OPINIONS EXPRESSED ON ANY THIRD-PARTY SITES OR IN ANY THIRD-PARTY MATERIALS OR FOR THE PRIVACY PRACTICES OR SECURITY STANDARDS USED BY THIRD-PARTY SITES AND THIRD-PARTY PROVIDERS. 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, including without limitation Third-Party Materials.

21. DISCLAIMER OF WARRANTIES. THIS SITE AND THE CONTENT, INFORMATION, SERVICES, AND MATERIALS CONTAINED ON THIS SITE (INCLUDING WITHOUT LIMITATION AI-GENERATED CONTENT) 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 (INCLUDING WITHOUT LIMITATION AI-GENERATED CONTENT) 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.

22. EXCLUSION OF DAMAGES. AS CONSIDERATION FOR USER'S OPPORTUNITY TO USE THIS SITE AND THE CONTENT AND SERVICES (INCLUDING WITHOUT LIMITATION AI-GENERATED CONTENT), 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 (INCLUDING WITHOUT LIMITATION AI-GENERATED CONTENT). 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, AI-GENERATED CONTENT 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.

23. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF MEDICAL MUTUAL AND ITS SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THESE TERMS OF USE AND YOUR USE OF THE SITE AND ANY CONTENT OR SERVICES PROVIDED THEREIN (INCLUDING WITHOUT LIMITATION AI-GENERATED CONTENT) IN THE AGGREGATE SHALL BE LIMITED TO THE AGGREGATE AMOUNT, IF ANY, THAT YOU PAID FOR THE SERVICES PROVIDED ON THIS SITE PRIOR TO SUCH CLAIM. IN ADDITION, OUR ENTIRE LIABILITY FOR ANY CLAIM RELATING TO THESE TERMS OF USE SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM, SUBJECT TO APPLICABLE LAW.

24. Indemnification. You agree to indemnify and hold us and our suppliers, information providers, ISPs, and officers, directors, and employees (an “Indemnified Party”) harmless against any losses, claims, damages, liabilities, penalty actions, proceedings, or judgments (collectively referred to as “Losses”) to which an Indemnified Party may become subject, related to or arising out of any infringement or misappropriation or alleged infringement or alleged misappropriation of any United States or international copyright, trademark, trade secret, or other proprietary right related to your Use of this Site or related to or in connection with these Terms of Use, and shall reimburse each such Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees, incurred by such Indemnified Party in connection with investigating, defending, or settling any such Losses, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

You also agree to indemnify and hold harmless each Indemnified Party against any Losses to which such Indemnified Party may become subject to that arise out of or relate to your violation of these Terms of Use or your Use of this Site and the Services or your negligent or wrongful conduct (including use of your registration information or passwords), and shall reimburse each Indemnified Party for all legal and other expenses, including without limitation, reasonable attorneys’ fees, incurred by such Indemnified Party in connection with investigating, defending, or settling any such Losses, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

25. 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. Our Services are intended for a United States and Puerto Rico audience. If you live outside the United States and Puerto Rico, you may see Content on the Services about products or therapies that are not available or authorized in your country.

26. 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. Links to Third-Party Websites. Websites for which we provide direct links are separate websites independent of the Services, and they may not follow the same privacy guidelines. We assume no responsibility or control over the acts or the privacy policies of the third-party websites to which we provide direct links. We suggest that you contact the appropriate controlling authorities of these sites or review their privacy policies. You may not create a link to the Services without our prior permission. 

28. Monitoring. We reserve the right, but not the obligation, to monitor this Site to determine compliance with these Terms of Use. You agree to cooperate with all reasonable requests by us during any investigation of an actual or suspected breach by you of these Terms of Use. We reserve the right to investigate complaints or reported violations of these Terms of Use and to take any action we deem appropriate, including but not limited to reporting any suspected activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email address, usage history, posted materials, IP addresses, and traffic information. Use of personal information associated with monitoring the Services is subject to our Website Privacy Policy.

29. 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. When you use certain Services you may be required to agree to supplemental terms and conditions that are specific to your use of those Services. For example, we use One Inc. to act as a payment processor. By using the One Inc. payment processing services you agree to the One Inc. Notice Regarding Collection and Use of Your Personal Information, available at https://www.oneinc.com/privacy. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use. 

30. Termination and Suspension of Services. We may, in our sole and absolute discretion, modify, suspend, restrict access to, modify the hours of availability of, or terminate this Site, these Terms of Use, the Services, any Content of this Site or any link contained herein at any time without liability or prior notice. We may add, withdraw, or modify information throughout the Services at any time in our sole discretion or cancel any link to a third-party website. In addition, any violation of these Terms of Use by you may result in restricted, suspended or terminated access to, or Use of, the Services and the Site, including but not limited to your My Health Plan portal account. Medical Mutual also reserves the right to: 

  • Refuse to provide you with access to, or Use of, the Services if Medical Mutual determines that your access or Use violates these Terms of Use;
  • Terminate or deny you access to, or Use of, all or part of the Services at any time if Medical Mutual reasonably determines that your access to, or Use of, the Services would present an unacceptable level of risk to the security of Medical Mutual's systems or cause Medical Mutual to violate any state or federal laws that apply to Medical Mutual; or
  • If permitted by applicable law, terminate your Use of the Services at any time with or without cause as determined by Medical Mutual in its sole discretion.

Your obligations pursuant to these Terms of Use shall survive any such modification, suspension, restriction, or termination for the maximum period allowable under applicable law.

31. Assignment. We may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights under these Terms of Use without our prior written permission. Any attempt by you to assign your rights under these Terms of Use without our permission shall be void.

32. Waiver. The waiver by us of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.

33. Severability. If any provision of these Terms of Use is deemed void, unlawful, or otherwise unenforceable for any reason, such provision shall be deemed modified to the extent necessary to render such provision enforceable, and these Terms of Use shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent of, and the agreements set forth in, these Terms of Use.

34. Governing Law. The validity and interpretation of these Terms of Use, and the rights and obligations of Medical Mutual and any person or entity Using this Site, are governed by the internal laws of the State of Ohio, excluding any choice of law provisions that require application of any other law. By Using this Site, you acknowledge and agree that any dispute that may arise out of your Use of this Site, whether sounding in contract, tort or otherwise, would involve difficult and complex issues, and therefore you agree that any lawsuit growing out of or incidental to any such dispute shall be tried in a court of competent jurisdiction by a judge sitting without a jury.

35. Jurisdiction. We control and operate this Site from our headquarters in Cleveland, Ohio. We do not represent or warrant that any materials on this Site are appropriate or available for Use in any other location. If you choose to Use this Site from another location, you do so at your own risk and are responsible for complying with any and all local laws.

By Using this Site, you irrevocably and unconditionally submit to the exclusive jurisdiction of any Ohio state court or United States federal court sitting in Cuyahoga County, Ohio, and any court having appellate jurisdiction therefrom, in any action or proceeding arising out of or relating to the Use of this Site or validity and interpretation of these Terms of Use, or for recognition or enforcement of any judgment, and you hereby irrevocably and unconditionally agree that all claims in respect of any such action or proceeding may be heard and determined in any such Ohio state court or, to the extent permitted by law, in such federal court. By Using this Site, you irrevocably and unconditionally agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. By Using this Site, you hereby irrevocably and unconditionally waive, to the fullest extent you may legally and effectively do so, any objection that you may now or hereafter have to the laying of venue of any suit, action, or proceeding arising out of or relating to the Use of this Site or validity and interpretation 

36. Entire Agreement. These Terms of Use contain the entire agreement between you and Medical Mutual relating to the subject matter hereof, and supersede any other oral or written communications relating thereto. These Terms of Use may not be amended or supplemented by (a) any written communication originated by you relating to the subject matter hereof, (b) statements of any of our employees, or (c) any other purported modification that has not been agreed to in writing by us. 

37. Modification of these Terms of Use. We reserve the right unilaterally to make changes to these Terms of Use at any time without advance notice. We agree to post all amended forms of these Terms of Use on the Site and such amended forms shall be effective immediately upon its posting. Your continued Use of this Site subsequent to our posting of amended forms of these Terms of Use shall constitute your acceptance of the modified Terms of Use. It is at all times your responsibility to read the most current form of these Terms of Use before Using the Site to ensure that you agree to the Terms of Use of any amendments made to these Terms of Use. You agree that these standards for notice of amendments to these Terms of Use are reasonable.

38. Acceptance of Terms of Use. You acknowledge that the provisions, disclosures, and disclaimers set forth above are fair and reasonable and your agreement to follow and be bound to them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. There are no representations, promises, warranties or undertakings by Medical Mutual contrary to those set forth above.

39. Notices. Any notices required or permitted under these Terms of Use shall be in writing and sent by: (a) personal delivery, (b) United States mail, registered or certified, postage prepaid with return receipt requested; (c) by facsimile transmission later confirmed by United States mail, registered or certified, postage prepaid with return receipt requested; or (d) by overnight delivery. Notices delivered personally shall be deemed given as of the date of actual receipt. Notices delivered by United States mail shall be deemed given as of three days after mailing. Notices delivered by facsimile transmission shall be deemed given as of the date and time of receipt. Notices delivered by overnight delivery shall be deemed given as of the date of delivery. Notices shall be addressed as follows:

By Mail:
Medical Mutual of Ohio
Attn: Chief Legal Officer
100 American Road
Cleveland, Ohio 44144

By Phone: 800.382.5729
By Email: CustomerServices@medmutual.com 

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.

Text Messages

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.

Eligibility

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.

Opting Out

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.

Privacy

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

As a convenience to you, we may send you text messages which contain links to other websites that we believe may offer useful information. Such links do not constitute an endorsement by Medical Mutual of those other websites, the content displayed therein, or the persons or entities associated therewith. Medical Mutual’s Privacy Policy does not apply to those websites. You should contact those websites directly for information on their privacy policies, confidentiality agreements, and data collection/distribution procedures. We encourage visitors to read and become familiar with the privacy policies maintained by such other websites so that you can understand how those websites collect, use and share your information. We are not responsible and shall not be liable for your use, non-use, or misuse of any such links or 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 

These Terms of Use are governed by Ohio law, unless a written contract between you and Medical Mutual contains a choice of law provision requiring application of any other law.

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. 

Modifications

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.