MASS GENERAL BRIGHAM HEALTH PLAN
MGB Health Plan Member is an application developed by Mass General Brigham Health Plan ("MGBHP") to provide general information for educational purposes about our products and services and health-related issues and to enhance our users’ experience. The general health information on MGB Health Plan Member and the interactive responses provided should be used for educational purposes only.
MGB HEALTH PLAN MEMBER AND INFORMATION CONTAINED WITHIN MGB HEALTH PLAN MEMBER IS NOT A SUBSTITUTE FOR A MEDICAL PROFESSIONAL’S INDEPENDENT PROFESSIONAL MEDICAL JUDGMENT, ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU READ ON MGB HEALTH PLAN MEMBER.
MGB Health Plan Member is available through the Apple iOS App Store (“App Store”) and the Google Play Store (“Google Play”) to United States residents who have received an individual invitation to download the application from MGBHP.
This Agreement includes terms specific to Apple iOS and Android device users, as set forth below.
APPLE USERS ONLY
If you download MGB Health Plan Member on an iOS Mobile Device, then the following terms and conditions in this section apply.
You will be responsible for any and all fees charged by Apple in connection with the use and download of MGB Health Plan Member.
You and MGBHP acknowledge that these Terms are an agreement between you and MGBHP, and that Apple Inc. (and any of its subsidiaries) (any of the foregoing, individually or collectively, “Apple”) is not a party to these Terms. Subject to the disclaimers in these Terms, MGBHP is solely responsible for MGB Health Plan Member and the content therein. Apple is in no way responsible for MGB Health Plan Member and the content therein. You agree to only use MGB Health Plan Member on an iOS Mobile Device as permitted to be used by the Usage Rules set forth in the Apple Media Services Terms and Conditions (the “Usage Rules”).
The license to use MGB Health Plan Member granted in these Terms is limited to a non-transferable license to use MGB Health Plan Member on any Apple-branded products that you own or control and as permitted by the Usage Rules, except that MGB Health Plan Member may be accessed, acquired, and used by other accounts associated with you via Family Sharing, volume purchasing, or Legacy Contacts.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to MGB Health Plan Member. MGBHP is solely responsible for providing maintenance and support services with respect to MGB Health Plan Member to the extent set forth in these Terms and as required by applicable law.
THESE TERMS SET FORTH ALL MGB HEALTH PLAN MEMBER WARRANTIES, IF ANY. IN THE EVENT OF A FAILURE OF MGB HEALTH PLAN MEMBER TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE OF MGB HEALTH PLAN MEMBER TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO MGB HEALTH PLAN MEMBER, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL SOLELY BE MGBHP’S RESPONSIBILITY.
MGBHP and you acknowledge that MGBHP, not Apple, is responsible for addressing any of your claims or claims of third parties relating to MGB Health Plan Member or the possession or use of MGB Health Plan Member, including, but not limited to: (i) product liability claims; (ii) any claim that MGB Health Plan Member fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of a third-party claim that MGB Health Plan Member or your possession and use of MGB Health Plan Member infringes that third-party’s intellectual property rights, MGBHP, not Apple will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property claim, to the extent set forth in these Terms.
ANDROID USERS ONLY
If you download MGB Health Plan Member on an Android Mobile Device, then the following terms and conditions in this section apply.
You will be responsible for any and all fees charged by Google in connection with the use and download of MGB Health Plan Member.
Both MGBHP and you acknowledge that this Agreement is between MGBHP and you, and that Google, Inc. (and any of its subsidiaries) (any of the foregoing, individually or collectively, “Google”) is not a party to these Terms. By clicking the button below labeled, “I Agree” or by accessing or using the MGB Health Plan Member, you are indicating your acceptance and agreement to all of the terms and conditions of these Terms, which incorporates by reference the Google Play Terms of Service (the “Google Play Terms of Service”). Upon valid acceptance of these Terms (as described above), you agree and understand that you are also bound by the Google Play Terms of Service.
You may contact MGBHP concerning any defects or performance issues in MGB Health Plan Member. As between MGBHP and Google, MGBHP is solely responsible, and Google will have no responsibility, for undertaking or handling the support and maintenance of MGB Health Plan Member and any complaints about MGB Health Plan Member.
IN THE EVENT OF ANY FAILURE OF MGB HEALTH PLAN MEMBER TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY GOOGLE, AND, IF APPLICABLE, GOOGLE WILL REFUND THE PURCHASE PRICE FOR MGB HEALTH PLAN MEMBER TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO MGB HEALTH PLAN MEMBER, AND WILL HAVE NO RESPONSIBILITY FOR ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY APPLICABLE WARRANTY.
CHANGES TO THESE TERMS
MGB HEALTH PLAN MEMBER ACCESS
Upon your acceptance of these Terms, MGBHP hereby grants you a limited, non-sublicensable, non-transferrable, non-exclusive revocable license to access and use MGB Health Plan Member solely in accordance with these Terms on any Mobile Device that you own or control, subject to the Usage Rules set forth in the Apple Media Services Terms and Conditions or the Google Play Terms of Service, as applicable, unless and until these Terms are terminated. You agree that you shall use MGB Health Plan Member only in accordance with these Terms, applicable law, and the rules, policies and procedures established by MGBHP for use of MGB Health Plan Member. This license may not be shared with or transferred or sublicensed to any other party. You represent and warrant that all information provided to MGBHP in connection with MGB Health Plan Member and these Terms, including in the process of registration for MGB Health Plan Member, is true, accurate and complete. You acknowledge that MGBHP has no obligation to confirm the truth, accuracy, or completeness of any information you provide in connection with MGB Health Plan Member. You are responsible for installing and maintaining all devices and systems necessary to access MGB Health Plan Member and for paying all charges related thereto. MGBHP shall not be obligated to provide any maintenance and support with respect to the MGB Health Plan Member application, and, in no event, shall Apple or Google be required to provide any such maintenance and support.
If you breach any of these Terms, the above license will terminate automatically.
SECURITY AND PASSWORDS
Access to MGB Health Plan Member and the MGB Patient Gateway through MGB Health Plan Member is enabled by usernames and passwords, security questions and answers and additional security measures as may be implemented from time to time.
You will choose your username and password when registering for access. You shall maintain your username and password and security questions and answers in strict confidence. In no event shall you share your username or password or security questions and answers with any third-party or allow another person to access MGB Health Plan Member using your username and password or security questions and answers. You shall immediately notify MGBHP if you have any reason to believe that your username, password or security questions and answers has been lost or compromised or misused in any way, or any other breach of security. You are fully and solely responsible for any and all use of MGB Health Plan Member and MGB Patient Gateway through MGB Health Plan Member under your username and password.
Enabling biometric login allows you to use your fingerprint, facial, or other physical character recognition instead of your username and password to access and use the MGB Health Plan Member if your device is equipped with biometric login functionality. In order to use biometric login to access and use the MGB Health Plan Member, you need to first enable Biometric login functionality on the device. BY SPECIFICALLY ENABLING BIOMETRIC LOGIN TO MGB HEALTH PLAN MEMBER, YOU ARE ALLOWING AND AUTHORIZING ANYONE WHOSE BIOMETRIC IDENTIFICATION IS STORED ON YOUR DEVICE TO ACCESS MGB HEALTH PLAN MEMBER, VIEW YOUR MGB HEALTH PLAN MEMBER INFORMATION, AND MAKE MGBHP TRANSACTIONS. ACCORDINGLY, YOU WILL BE RESPONSIBLE FOR SUCH TRANSACTIONS EVEN IF YOU DID NOT MAKE THEM, OR EVEN KNOW ABOUT THEM. THEREFORE, IT IS STRONGLY RECOMMENDED THAT YOU NOT ENABLE BIOMETRIC LOGIN FOR MGB HEALTH PLAN MEMBER IF ANYONE OTHER THAN YOU HAS A BIOMETRIC LOGIN STORED ON YOUR DEVICE. BY AGREEING TO THESE TERMS AND ENABLING BIOMETRIC LOGIN FOR MGB HEALTH PLAN MEMBER, YOU ARE AUTHORIZING ANYONE WITH BIOMETRIC DATA STORED ON YOUR DEVICE TO ACCESS THE MGB HEALTH PLAN MEMBER APPLICATION, VIEW INFORMATION ACCESSIBLE THROUGH THE MGB HEALTH PLAN MEMBER APPLICATION AND MAKE ACCOUNT TRANSACTIONS ON YOUR BEHALF, FOR WHICH YOU WILL BE LEGALLY RESPONSIBLE, AND REPRESENTING TO US THAT ANY SUCH PERSON HAS PROPER AUTHORITY TO MAKE SUCH TRANSACTIONS ON YOUR BEHALF. Note that we do not have access to your biometric data. For more information on how the device manufacturer or operating system provider uses and stores biometric data, refer to those companies’ privacy policies and/or security guidelines. Biometric technology is provided by such manufacturers and providers, and accordingly we are not responsible for any malfunctions or errors.
NON-DISCLOSURE AND CONFIDENTIALITY
In using MGB Health Plan Member, you will have access to confidential information of MGBHP and third parties ("Confidential Information") that may include software, codes, technology, logic, techniques, formats, tools, designs, concepts, methods, processes, ideas, functional specifications, technical materials and information, and related documentation.
While these Terms are in effect and thereafter, you agree not to disclose any Confidential Information to any third-party except as permitted by these Terms and by applicable law. Without limiting the foregoing, you agree to undertake all reasonable measures to ensure the privacy and security of all Confidential Information including without limitation: (i) not to access or use any Confidential Information that you have no legitimate authorization to access or use; and (ii) not to access MGB Health Plan Member or any Confidential Information for any other individual or any unauthorized third-party. You acknowledge and agree that your obligations relating to the Confidential Information will continue after termination or expiration of these Terms and the access rights hereunder.
MGBHP may terminate these Terms and/or terminate or suspend your license and access to the MGB Health Plan Member and/or your ability to access MGB Patient Gateway through MGB Health Plan Member at any time and for any reason. MGBHP has the right to refuse to provide access to MGB Health Plan Member and/or MGB Patient Gateway through MGB Health Plan Member to any person, agency or organization, or to prohibit any person, agency or organization from using MGB Health Plan Member and/or MGB Patient Gateway through MGB Health Plan Member, at any time and for any reason. MGBHP reserves the right to change, suspend, or discontinue all or part of MGB Health Plan Member and/or your ability to access MGB Patient Gateway through MGB Health Plan Member, temporarily or permanently, without prior notice. We reserve the right to deactivate any account at any time, for any reason.
COPYRIGHT AND PROPRIETARY RIGHTS
You acknowledge and agree that MGB Health Plan Member and the Confidential Information is the property of MGBHP or its licensors and are protected by United States and international copyright law, trademark law, and trade secret law, as well as other state, federal and international laws and regulations. Except as expressly provided in these Terms, MGBHP does not grant any rights to you under any patents, copyrights, trademarks or trade secret information. Accordingly, unauthorized use of MGB Health Plan Member or the Confidential Information may violate patent laws, copyright laws, trademark laws, trade secret laws, laws pertaining to privacy and publicity rights or other laws or regulations. The copying, redistribution, use or publication by you of any part of MGB Health Plan Member or the Confidential Information is strictly prohibited; provided, that you may print, copy electronically, or download information from the application for personal, non-commercial use only, provided you identify the source of the material and include a statement that the materials are protected by copyright law.
MGBHP shall have the right to use and incorporate into MGB Health Plan Member any feedback and input provided by you, for any purpose, including the improvement of MGB Health Plan Member and other research, educational and patient care purposes.
MGB Health Plan Member may contain links to third-party materials and third-party applications for your information and convenience. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. MGBHP is not responsible for the availability, accuracy, or content of any of those third-party materials or applications nor does it endorse them.
Certain information contained within or accessible through MGB Health Plan Member may be provided by third parties. Prior to accessing this information, you may be asked to agree to additional terms and conditions provided by such third parties which govern access to and use of those materials.
YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR ANY DAMAGES OR LOSSES CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on MGB Health Plan Member to any product, service, publication, institution, or organization of any third-party entity or individual does not constitute or imply our endorsement or recommendation.
USE OF THE MGB HEALTH PLAN MEMBER APPLICATION DOES NOT CREATE A PHYSICIAN-PATIENT RELATIONSHIP. MGB HEALTH PLAN MEMBER AND THE INFORMATION CONTAINED WITHIN THE APPLICATION IS NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT OF HEALTH CARE PROFESSIONALS IN DIAGNOSING AND TREATING PATIENTS. MGBHP DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY (INCLUDING DEATH) TO ANY PERSONS OR PROPERTY ARISING FROM ANY USE OF OR RELIANCE UPON ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION PROVIDED BY OR ACCESSED THROUGH MGB HEALTH PLAN MEMBER. MGBHP MAKES MGB HEALTH PLAN MEMBER AVAILABLE AS A HEALTH INFORMATION RESOURCE TO BE ACCESSED AT YOUR CONVENIENCE. MGB HEALTH PLAN MEMBER IS NOT TO BE USED IN EMERGENCY SITUATIONS. YOU SHOULD NOT RELY UPON MGB HEALTH PLAN MEMBER IF YOU HAVE IMMEDIATE HEALTH CONCERNS OR QUESTIONS. FOR ALL URGENT MEDICAL MATTERS, VISIT THE NEAREST EMERGENCY ROOM OR DIAL 911 IMMEDIATELY.
ACCESS TO MGB HEALTH PLAN MEMBER AND THE INFORMATION CONTAINED THEREIN AND ANY REFERENCED THIRD-PARTY MATERIALS IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ANY THIRD-PARTY GOODS OR SERVICES PROVIDED ARE SUPPLIED AS A CONVENIENCE TO YOU AND DO NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MGBHP DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
MGBHP DOES NOT CONTROL THE DEVICES OR COMPUTERS OR THE WIRELESS NETWORK OR THE INTERNET OVER WHICH YOU MAY CHOOSE TO ENTER CONFIDENTIAL OR PERSONAL INFORMATION AND CANNOT, THEREFORE, PREVENT INTERCEPTIONS OR COMPROMISES TO YOUR INFORMATION WHILE IN TRANSIT TO MGBHP. MGBHP MAKES NO GUARANTEE AS TO THE SECURITY, INTEGRITY, OR CONFIDENTIALITY OF ANY INFORMATION TRANSMITTED TO OR FROM MGB HEALTH PLAN MEMBER.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MGBHP OR ANY MGBHP AFFILIATE BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF MGB HEALTH PLAN MEMBER, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless MGBHP and our affiliates, employees, agents, representatives and third-party service providers, for any and all claims, demands, actions, liability, fines, penalties and expenses that may arise from any of your acts through the use of MGB Health Plan Member and/or MGB Patient Gateway. Such acts may include: (i) providing content to or communicating with us or our affiliates; (ii) unauthorized use of material obtained through the MGB Health Plan Member and/or MGB Patient Gateway; (iii) engaging in a prohibited activity; or (iv) any other action that breaches these Terms.
GOVERNING LAW; ARBITRATION AND CLASS ACTION WAIVER
These Terms shall be governed by the laws of the Commonwealth of Massachusetts without regard to its rules on conflicts or choice of law. Except with respect to mandatory arbitration as provided below, you hereby consent to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts for the resolution of any dispute based upon or relating to these Terms or MGB Health Plan Member, and you waive any right of removal or transfer whether due to forum non conveniens or other reason. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are expressly excluded from these Terms. Excluding claims by us for injunctive or other equitable relief, any claims related to these Terms or MGB Health Plan Member, including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of these Terms, shall be resolved by final and binding arbitration in accordance with the JAMS Inc. Comprehensive Arbitration Rules & Procedures then in effect. There shall be no right or authority for any claims to be arbitrated on a class action basis. The arbitration shall be administered by JAMS and take place in the Commonwealth of Massachusetts or at the option of the party seeking relief, online, by telephone, online, in your state of residence or via written submissions alone. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
These Terms constitute the sole agreement between you and MGBHP relating to your use and our provision of MGB Health Plan Memberand the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in these Terms shall bind either you or MGBHP. Any term or provision which is determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms or provisions or affecting the validity or enforceability of the Terms as a whole. No failure, omission or delay on the part of MGBHP in exercising any right under these Terms will preclude any other further exercise of that right or other right under these Terms. MGBHP may freely assign its obligations and rights under these Terms. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part. These Terms shall be binding upon and inure to the benefit of each of the parties and the parties' respective successors and permitted assigns.
A printed version of these Terms and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you have questions or comments regarding these Terms, please contact us at 1-844-556-2925 or massgeneralbrighamhealthplan.ethicspoint.com.
Last Updated: January 1, 2023