Terms of Service

Health Plan Apply

Welcome to Health Plan Apply ("Website"). These Terms of Service ("Terms") govern your access to and use of the Health Plan Apply website, content, tools, forms, and services (collectively, the "Services").

Health Plan Apply is owned and operated by Memberly, Inc. ("Memberly," "we," "us," or "our").

By accessing or using this Website, you agree to these Terms. If you do not agree with these Terms, please do not use this Website.

1. Purpose of This Website

Health Plan Apply provides educational information, resources, and assistance regarding employer-sponsored health plans, including level-funded plans, self-funded plans, fully insured plans, minimum essential coverage ("MEC") plans, and other benefit solutions.

The Website is intended to help employers, business owners, brokers, and individuals learn about available health benefit options and request information or assistance.

Health Plan Apply does not provide medical care, legal advice, tax advice, or financial advice.

2. No Insurance Company or Plan Administrator

Health Plan Apply and Memberly, Inc. are not insurance carriers, health plans, medical providers, or third-party administrators unless expressly stated in applicable plan documents.

Submitting information through this Website does not:

• Create insurance coverage;
• Guarantee eligibility;
• Guarantee acceptance into any health plan;
• Guarantee rates, savings, benefits, or underwriting approval; or
• Create a contractual relationship between you and any insurance carrier or health plan.

All coverage decisions, eligibility determinations, exclusions, limitations, and benefits are governed solely by the applicable insurance policy, plan document, certificate of coverage, summary plan description ("SPD"), and other governing plan documents.

3. Health Plan Information and Disclosures

Information presented on this Website regarding health plans, rates, networks, contributions, savings, or benefit options is provided for informational purposes only.

Plan availability, pricing, underwriting requirements, networks, eligibility requirements, and benefits may vary based on:

• State regulations;
• Employer size;
• Industry;
• Employee census;
• Participation requirements;
• Medical underwriting;
• Carrier requirements; and
• Other applicable factors.

Any examples, estimates, or illustrations are not guarantees of actual plan terms, premiums, savings, or coverage.

4. Requesting Information

When you submit a request for information, contact form, quote request, or other inquiry through the Website, you authorize Health Plan Apply and Memberly, Inc. to contact you regarding health benefit solutions, plan information, enrollment assistance, or related services.

You agree that we may contact you by:

• Telephone;
• Email;
• Text message; or
• Other electronic communication methods.

Message and data rates may apply.

Submitting information does not obligate you to purchase any product or enroll in any plan.

5. User Information

You agree that any information you provide through the Website is accurate, current, and complete.

You are responsible for ensuring that information submitted on behalf of an employer, organization, or other individual is provided with proper authorization.

You agree not to:

• Submit false or misleading information;
• Attempt to access unauthorized areas of the Website;
• Interfere with Website operation;
• Use the Website for unlawful purposes; or
• Misrepresent your identity or affiliation.

6. Privacy and Personal Information

Your use of this Website is also governed by our Privacy Policy.

Health Plan Apply may collect information submitted through forms, including contact information and information necessary to respond to requests for health plan information.

Please review our Privacy Policy for additional information regarding how information is collected, used, and protected.

7. HIPAA Disclaimer

Health Plan Apply is not a health plan, healthcare provider, or healthcare clearinghouse.

Information submitted through this Website may not constitute Protected Health Information ("PHI") under the Health Insurance Portability and Accountability Act ("HIPAA") unless received and maintained in a capacity subject to HIPAA requirements.

If you become enrolled in a health plan, your coverage and PHI rights will be governed by the applicable health plan's privacy practices and governing documents.

8. Third-Party Websites and Services

This Website may contain links to third-party websites, insurance carriers, benefit providers, or other resources.

Health Plan Apply does not control and is not responsible for:

• Third-party websites;
• Third-party content;
• Privacy practices;
• Availability;
• Accuracy; or
• Security of third-party services.

Your use of third-party websites is subject to their own terms and policies.

9. Intellectual Property

All content on this Website, including text, graphics, logos, trademarks, service marks, designs, and other materials, is owned by or licensed to Memberly, Inc. and is protected by applicable intellectual property laws.

You may not copy, reproduce, distribute, modify, publish, or use Website content without prior written permission.

Health Plan Apply™, Level Max™, Level Flex™, MEC Max™, MEC Flex™, and related names and materials may be trademarks or service marks of Memberly, Inc.

10. Disclaimer of Warranties

The Website and its content are provided on an "as available" and "as is" basis.

To the fullest extent permitted by law, Memberly, Inc. makes no warranties or representations regarding:

• Accuracy;
• Completeness;
• Reliability;
• Availability;
• Security;
• Results obtained from use of the Website; or
• Suitability of any health plan option.

We do not guarantee uninterrupted or error-free access to the Website.

11. Limitation of Liability

To the maximum extent permitted by law, Memberly, Inc., Health Plan Apply, and their officers, employees, agents, affiliates, and partners shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from:

• Your use of the Website;
• Reliance on Website information;
• Delays or interruptions;
• Errors or omissions;
• Third-party services; or
• Decisions regarding health coverage.

Your sole remedy for dissatisfaction with the Website is to discontinue use.

12. Indemnification

You agree to indemnify and hold harmless Memberly, Inc., Health Plan Apply, and their affiliates, officers, employees, and agents from any claims, damages, liabilities, expenses, or costs arising from:

• Your use of the Website;
• Your violation of these Terms;
• Information you submit;
• Your violation of applicable laws or rights of others.

13. Changes to These Terms

We may update these Terms from time to time.

Updated Terms will be posted on this Website with a revised effective date. Your continued use of the Website after changes are posted constitutes acceptance of the updated Terms.

14. Governing Law

These Terms shall be governed by and interpreted under the laws of the State of New York, without regard to conflict of law principles.

Any dispute relating to these Terms or your use of the Website shall be resolved in the applicable courts located in New York.

15. Contact Information

If you have questions regarding these Terms, please contact: