CLOVER HEALTH PARTNERS WEBSITE
TERMS AND CONDITIONS
Effective Date: January 11, 2021
Clover Health Partners ( “Clover Health Partners” “we” or “us”) operates electronic media such as a website or mobile applications that facilitates exchange of information between Clover Health Partners and participating medical practices (the “Services”). You are an employee of a participating medical practice, and you desire to access and use the Services (and the content and information provided through the Services). These Terms and Conditions (these “Terms”) constitute a binding legal agreement between you and Clover Health Partners that govern your access to and use of the Services.
BY AGREEING TO THESE TERMS, YOU:
✓ AFFIRM THAT HAVE READ AND UNDERSTAND THESE TERMS;
✓ AGREE TO BE BOUND BY THESE TERMS WITHOUT LIMITATION OR QUALIFICATION;
✓ AFFIRM THAT YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO CONTRACTS.
If you do not agree to all of these Terms without limitation or qualification, you are not authorized to access and use the Services, and must not access or make any use of the Services.
IMPORTANT DISCLAIMERS AND NOTES
- You acknowledge and agree that the Services are provided for information purposes only.
- You agree to access and use the Services and all data and content accessed through the Services solely to interact with Clover Health Partners.
MODIFICATION OF TERMS
The Effective Date of these Terms is set forth at the top of this page. Please note that we may change or supplement these Terms from time to time. If any such changes materially alter your rights, we will notify you of these changes either by posting notice on the Services or by sending you an email to the email address we have on file for you. We will not make changes that have a retroactive effect unless we are legally required to do so.
If you disagree with any changes to these Terms, you should terminate your use of the Services. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions of or agreements, notices or statements about the Terms.
When you use the Services, you are communicating with us electronically, and you consent to receiving communications from us electronically, including text and emails messages. You acknowledge and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that the same be in writing.
TEXT AND EMAIL MESSAGES
Email and SMS text messaging are interactive communications technologies that we may use to deliver our Services. There are some locations on our Services where we provide for secured email or text communications. Otherwise, email and SMS text messaging technologies are generally sent over an unsecured network, which means that someone else could read, delete or alter them without your permission or knowledge. If you choose to send or request information over unencrypted email or SMS text message, you agree that you understand and accept this risk. By providing your business and/or wireless phone number(s) to Clover Health Partners, you expressly consent to receive marketing and non-marketing autodialed and/or prerecorded calls and text messages from or on behalf of Clover Health Partners at the number(s) provided. Your consent to receive calls or texts on your wireless device is not a condition of any purchase.
Text HRA to 86251 to opt-in to receive Clover Health Direct Contracting Announcements. Once you enroll, the frequency of text alerts we send to you will vary. You will typically receive text alerts when we have announcements or other healthcare information. Clover Health Partners does not charge for sending you text alerts; however, your mobile carrier’s message and data rates may apply depending on the terms and conditions of your mobile phone contract. You are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges.
To stop receiving text alerts, text STOP to 86251. Texting STOP to 86251 will opt you out of any and all future Clover Health Partners text messages. After you submit a request to unsubscribe, you will receive one final text alert from Clover Health Partners confirming that you will no longer receive text alerts. No additional text alerts will be sent unless you re-activate your enrollment. You may also send an opt-out request via email to firstname.lastname@example.org with the phone number you wish to opt-out.
For questions about text alerts, text the word HELP to 86251 or contact Clover Health Partners at 1-888-778-1478 (TTY 711).
Compatible Carriers include: ATT&T, Sprint, T-Mobile, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Breakaway Wireless, Cablevision (Optimum Mobile), Carolina West Wireless, Cellcom, Cellular One of East Central Illinois Centennial Wireless, Chariton Valley Cellular, Chat Mobility (Hawkeye), Cincinnati Bell Wireless, Coral Wireless, Cox Mobility, Cross/Sprocket, C-Spire Wireless (formerly Cellsouth), CTC Telecom, DTC Wireless (Advantage Cellular), Duet IP (AKA Max/Benton/Albany), Element Mobile, Epic Touch, GCI Communications, Golden State, Illinois Valley Cellular, Immix (Keystone Wireless/PC Management), Inland Cellular, iWireless, Leaco, Mobi PCS, Mosaic, MTPCS/Cellular One (Cellone Nation), Nemont, Nex-Tech Wireless, nTelos, NW Missouri Cellular (Hawkeye), Panhandle Telecommunications, People Wireless, Pioneer, Pine Cellular, Plateau, Revol, Rina – Custer, Rina – All West, Rina – Cambridge Telecom Coop, Rina – Eagle Valley Comm, Rina – Farmers Mutual Telephone Co., Rina – Silver Star, Rina – Syringa, Rina – UBET, Rina – Manti, Rural Cellular Corporation, SI Wireless, Simmetry, SouthernLINC. SRT. Strata Networks, Thumb Cellular, Union Wireless, United Viaero Wireless, West Central Wireless. T-Mobile is not liable for delayed or undelivered messages.
USE OF THE SERVICES
The following rules apply to your use of the Services:
- You will only use the Services as expressly authorized in these Terms.
- You must be at least 18 years of age to use the Services.
- You may use the Services solely for purposes to interact with Clover Health Partners, or for any other purpose disclosed to you at the time of your use of the Services.
- You are fully responsible for all uses of the Services by anyone accessing the Services using your access credentials. This includes access by any person that has obtained your access credentials through your failure to use appropriate measures to safeguard your use ID or password.
- You must immediately notify us in the event that (i) your password is lost or stolen or (ii) you become aware of any unauthorized use of your username and password or other breach of security that might affect the Services or any Services Content.
- You must not provide false or inaccurate registration credentials, impersonate any person or entity, and/or falsely claim an affiliation with any person or entity.
- You must not remove, circumvent, disable, damage, or otherwise interfere with any: (i) security-related features of the Services; (ii) features of the Services that prevent or restrict use or copying of any content accessible through the Services; or (iii) features of the Services that enforce limitations on use of the Services.
- You must not intentionally interfere with or damage operation of the Services, or any other users’ enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code.
- You must not attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, or any part of it, through hacking, password mining or other improper or illegal means. You must not access or attempt to access other users’ accounts. You must not use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express prior written permission, or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services, or modify the Services in any manner or form.
- Make any use of the Services, Patient Data or Services Content that violates these Terms or any applicable law.
We may make changes to or discontinue any aspect or feature of the Services at any time without prior notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of any feature or component of the Services.
OWNERSHIP OF THE SERVICES AND SERVICES CONTENT
We and/or our third party providers own the Services and all information and data , text, photographs, audio, video and other materials and content available through the Services (collectively, “Services Content”), and you are granted only a limited right to use the Services and Services Content for purposes of facilitating health care coordination. We and our licensors exclusively own all rights, title and interests (including all intellectual property rights) in and to the Services, Services Content and all components thereof. We grant you a limited, non-exclusive, non-transferable right and license to access and use the Services, solely for your personal, non-commercial use.
Except for the limited license granted to you as provided above or as otherwise expressly provided in these Terms, we reserve all other rights. We may revoke this license at any time for any reason without any further obligation to you. You may not (nor may you permit others to):
- copy, modify, create derivative works of, display, perform or distribute any aspect of the Services; or
- reverse engineer, reverse assemble, decompile or otherwise attempt to discover any source code or trade secrets within the Services.
We are not obligated to monitor access or use of the Services or Services Content or to review or edit the same, but we have the right to do so for the purpose of operating the Services, ensuring compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right to monitor your use of the Services at any time (with or without notice to you) to verify compliance with these Terms and/or any applicable law and to investigate, and cooperate with enforcement agencies in the investigation of, any suspected or alleged misuse of the Services.
All trademarks, trade names and logos appearing on or through the Services (the “Clover Health Partners Trademarks”) are owned by us or licensed by us. You may not use or display any Clover Health Partners Trademarks in any manner without our prior written permission. We reserve all rights.
If you choose to provide us with any comments, suggestions, ideas or other feedback, you agree that we have an unrestricted right to use it, and you are not entitled to receive any compensation.
SERVICES ACCESS AND UPDATES
Clover Health Partners may, but is not obligated to, from time to time, in its sole discretion, develop and provide updates for our software, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Clover Health Partners has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
Portions of the software may not properly operate if you do not install all Updates, so we encourage you to promptly install all Updates. For clarity, all Updates are part of the Services and subject to these Terms.
Either you or we may terminate your access to the Services at any time, with or without cause. In addition, we may deactivate, terminate or suspend your account or access to the Services at any time: (a) if we, in our sole discretion, determine that you are or have been in violation of these Terms; (b) if we, in our sole discretion, determine that you have created risk or possible legal exposure for Clover Health Partners; (c) in response to requests by law enforcement or other government agencies; (d) upon discontinuance or material modification of the Services,or (e) due to unexpected technical issues or problems.
DISCLAIMER OF WARRANTIES
You understand and agree that we do not provide any warranties with respect to the Services. THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CLOVER HEALTH HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR TITLE, AND ALL WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND THAT CLOVER HEALTH MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL WARRANTIES (A) WITH RESPECT TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE SERVICES, INCLUDING THE CLOVER HEALTH CONTENT; (B) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, (C) THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR VIRUS-OR ERROR-FREE OR (D) THAT ANY ERRORS IN THE SERVICESCAN OR WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
LIMITATIONS OF LIABILITY
Clover Health Partners’s liability to you is limited as set forth below. The limitations of liability will survive any termination or expiration of these terms.
EXCEPT TO THE EXTENT SUCH LIMITATIONS ARE PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL CLOVER HEALTH PARTNERS OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ADVISORS AND CONSULTANTS BE LIABLE TO YOU (WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR ANY OTHER LEGAL OR EQUITABLE THEORY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, DATA OR INFORMATION OF ANY KIND) ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IF APPLICABLE LAW PROHIBITS DISCLAIMER OF DIRECT DAMAGES, CLOVER HEALTH’S AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO FIFTY U.S. DOLLARS ($50).
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE, HOWEVER, THAT OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You acknowledge and agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that Clover Health Partners would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
You are responsible for your actions. If we (or any of our employees, directors or agents, or other users of the Services) are sued or if any claim or action is made or brought against us (or any of our employees, directors or agents, or other users) related to anything you do or omit to do (including your (a) use or misuse of the Services or Services Content, (b) your violation of these Terms, (c) your violation of the rights of any other person (including any of Your Patients) or entity or (d) your violation of any applicable law), you will pay any damages, sses, liabilities, expenses, settlement amounts or costs (including attorney’s fees) that we (and/or they) incur as a result of the suit or claim, and, if we request it, you will defend us (and/or them) against the suit or claim.
These Terms shall be governed by, and construed in accordance with, the substantive laws of the State of New Jersey, without regard to the choice of law provisions of any jurisdiction.
WAIVER OF RIGHT TO PURSUE CLASS ACTION CLAIMS
You agree to only resolve disputes with us on an individual basis, and waive any right to pursue any claims on a class or consolidated basis or in a representative capacity. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
LIMITATION ON TIME TO BRING AN ACTION.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services brought by you must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be forever barred.
WAIVER OF JURY TRIAL; AGREEMENT TO ARBITRATE CLAIMS.
By agreeing to these Terms, both you and we are waiving the right to a jury trial on any disputes that may arise.
The Services are intended for use in the United States of America only. If you visit the Services or contact us from outside of the United States of America, please be advised that (i) any information you provide to us or that we automatically collect will be transferred to the United States of America; and (ii) that by using our Services or submitting information, you explicitly authorize its transfer to and subsequent processing in the United States of America in accordance with these Terms.
Questions and Comments
If you have a question or comment regarding the Services, please contact us via email at email@example.com. Your input is valuable to us.