Please take a few minutes to read our Terms of Service. Restora Health was created with you in mind. We understand that although we feel we are for everyone, we know that some just won’t feel that way, and so we encourage everyone to read this to make sure you understand who we are and how we are here to help you with our services.
If your employer created your Restora Health , then some of these terms may not apply to you.
Restora Health has two monthly programs: The 24/7 Care + Benefits program starting at $19.95 per month plus sign-up fee and the Primary Care Optimal Health Program starting at $59 a month plus start-up fee. Please understand that neither of these monthly programs are insurance. Both programs offer a discount card. The Restora Health discount card program is NOT insurance, is not intended to replace insurance, and does not meet the minimum creditable coverage requirements under the Affordable Care Act or Massachusetts M.G.L. c. 111M and 956 CRM 5.00.
- Acceptance of Terms
You agree to use the Services only for lawful purposes, and that you are responsible for your use of the Services and communications with us, all of which must comply with these Terms. You agree not to use the Services in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Services.
You represent and warrant to Restora Health that: (i) all registration information you submit is accurate and truthful; (ii) you will maintain the accuracy of such information, and (iii) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (iv) will not violate any rights of Restora Health , including intellectual property rights such as copyright or trademark rights; and (v) agree to provide at your cost all equipment, software, and internet access necessary to use the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
If you are under 13 years of age, you are not authorized to use the Services, with or without registering. In addition, if you are under 18 years old, you may use the Services, with or without registering, only with the approval of your parent or guardian. A parent or guardian may, however, create an account on behalf of a minor. Restora Health reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided.
- Restora Health 24/7 Care + Benefit Services
THIS PROGRAM IS NOT INSURANCE.
Restora Health offers benefits discount cards and services that may provide access to telehealth through MDLIVE, doctors online through eDocAmerica, health advocacy and bill negotiation through Health Advocate, prescription savings at select pharmacies through Rx Valet, dental savings through Aetna Dental Access, and vision savings through Coast to Coast Vision.
Creating Your Restora Health 24/7 Care + Benefits Account
You may view Content (as further defined below) on the Services without registering for an account, but as a condition of using certain aspects of the Services, including registering your Restora Health 24/7 Care + Benefit card or accessing the Restora Health mobile application (“App”) and receiving Restora Health ’s benefits, you are required to create an account using an email address (“User ID”) and password and provide your Restora Health Group ID number, Restora Health Member ID number, your first and last name, and zip code. When creating an account, you shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your account.
If you are under 18 years of age, you are not authorized to create a Restora Health account.
You shall never use another Member’s account. If you discover any unauthorized use of your account, or other known account-related security breach, you must report it to [email protected] immediately. You agree that you are responsible for anything that happens through your account until you cancel and close your account or prove that your account security was compromised due to no fault of your own.
Portions of the Restora Health Services are accessible only by creating accounts with various third-party services (such as Health Advocate, MDLive). Any use of these third-party services is subject to the individual terms and conditions and privacy policies of each provider.
Restora Health cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Regardless of whether you create an account, you are still subject to the terms and conditions set forth in these Terms covering the delivery of the Services.
Promotional Discounts and Incentives
From time to time, Restora Health may provide you with promotional discounts – for example, as an incentive to use Restora Health ’s Services, to establish a Restora Health account or to refer others to sign up with Restora Health . Such promotional programs will be governed by their own terms and conditions which will be presented at the time of such promotions. Unless otherwise provided in the promotional terms, promotional discounts are non-transferrable, cannot be redeemed for cash, and have an expiration date of one (1) year from the date of issue.
Availability of the Site
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Site access may be interrupted, suspended or terminated. You further understand that there may be interruptions in service or events on third-party sites, including, but not limited to, newbenefits.com and teladoc.com, that will affect your use of the Service (defined below) and that are beyond our control to prevent or correct. Interruptions in the Service that are beyond our control shall not serve as a basis to terminate your subscription or demand a full or partial refund of any fees.
- Fees and Billing
ACCORDING TO THE MEMBERSHIP AGREEMENT BETWEEN RESTORA HEALTH AND YOU OR YOUR EMPLOYER, YOUR RESTORA HEALTH BENEFITS PLAN MAY AUTOMATICALLY RENEW. If you are an individual and wish to cancel your automatically renewing plan, please notify Restora Health at [email protected] or call us at (800) 595-4077. If you are an employer and wish to cancel your automatically renewing plan, please notify Restora Health under the terms of your Restora Health plan agreement.
Employers: If you fail to pay your fees on time, your entire account may be suspended or cancelled and a reactivation fee may be charged.
Individuals: If you fail to pay your fees on time, or if your banking or credit card payment information is entered in error or does not go through for processing and you do not update payment information upon our request, your entire account may be suspended or cancelled.
After your account is suspended or cancelled, you will still have access to the Site but you will not have access to your account information. To access or restore you your account or membership benefits…
**Individuals or Employers may call Member Services and provide a proper billing source.
Unless otherwise stated, our charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against Restora Health based on its income. We will invoice you for such Taxes if we believe we have a legal obligation to do so.
- Rules and Conduct
As a condition of use, you promise not to use the Services for any purpose that is prohibited by the Terms or law. You are responsible for all of your activity in connection with the Service.
You understand and agree that you will not use the Services to engage in the prohibited conduct below:
1. You shall not use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control.
- You agree not to license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, or otherwise commercially exploit or make the Services available to any third party, other than as expressly permitted by the Terms;
- You shall not use the Services to Submit Content, or use as a User ID or any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, pornographic or obscene.
- You shall not post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights.
- You shall not attempt to use any method to gain unauthorized access to any paid features of the Services;
- You shall not directly or indirectly: (i) decipher, decompile, remove, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Services; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
- You shall not, and shall not permit any third party using your account to, take any action, or Submit Content, that constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Restora Health or any third party; or that impersonates any person or entity, including any employee or representative of Restora Health . Additionally, you shall not take any action that imposes or may impose (as determined by Restora Health in its sole discretion) an unreasonable or disproportionately large load on Restora Health ’ or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; bypass any measures Restora Health may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
If for any reason Restora Health determines that you have failed to follow these rules, we reserve the right to terminate or suspend your account, and prohibit any and all current or future use of the Site (or any portion thereof) and/or the Services by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
- Termination of Usage
As an individual Member, you may cancel your account at any time. Employer clients can cancel based on their agreement. A cancelled account is not entitled to any refunds unless Restora Health is in breach of this Agreement and does not cure said breach within thirty (30) days of receiving written notice from you of an actual breach, identifying specifically the nature of the breach, you are not entitled to any refunds.
We may suspend or cancel your account without notice or refund to you if you violate this Agreement. If your account is cancelled, Restora Health reserves the right to remove your account information along with any account settings from our servers with NO liability or notice to you. Once your account information and account settings are removed, you will not be able to recover this data and you will lose access to all of your content (except that content stored/published to third-party websites, that data will remain on said third-party websites pursuant to those website’s terms and conditions). If you cancel the Services before the end of your current paid-up subscription period, your cancellation will take effect immediately and you will not be charged again.
You acknowledge and understand that these Terms survive termination of your account, including our rights regarding any content you submitted to the website before your account was terminated. Following termination of your account, however, your license to use Restora Health ’ Content automatically terminates, and Restora Health has no obligation to provide you with use of the Site. All provisions of the Terms of Service that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
NO PRACTICE OF MEDICINE
Information provided through the Website is not intended to be, and must not be taken to be, the practice of medicine or the practice of other healthcare services by Restora Health. Use of the Website does not create a physician/member or physician/patient or provider/member or provider/patient relationship with Restora Health. Restora Health is not recommending or endorsing any specific test, diet regimen or other information.
PROPRIETARY RIGHTS IN WEBSITE CONTENT
Restora Health retains all copyright and other proprietary rights in the contents of this Website (the “Content”). Elements of the Content are protected by copyright, trade dress and other laws, and may not be copied or imitated in whole or in part. Nothing shall be construed as granting you any license under any patent, trademark or copyright of Restora Health or any third party. Certain portions of the Website may contain information supplied and updated by third parties, or include links to third-party sites. Restora Health is not responsible for, and makes no warranty as to the accuracy of, such information or sites.
Restora Health claims no ownership in, nor any affiliation with, third-party trademarks or brand names that may appear on this site. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of Restora Health should be inferred from their use. You are not permitted to use the trademarks displayed on the Website without the prior written consent of Restora Health or the third party that may own the trademarks.
No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without Restora Health’s prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content contained in the Website or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.
The following trademarks are property of Restora Health: “Restora Health”. These marks may not be used without our consent on any product or service, except our own.
LINKS TO OTHER WEBSITES
The Website may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on or through the Website does not imply approval or endorsement of the linked website by us. If you decide to leave this Website and access these third-party websites, you do so at your own risk.
LIMITATION OF LIABILITY
Restora Health, its affiliates and any of its, or their, directors, officers, employees or agents shall not, under any circumstances, be liable for direct, consequential, incidental, indirect or special damages of any kind, or any other damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, and whether resulting from the use or inability of use of any contents of the Website (or a website linked to the Website), or any other cause, even if such cause involves negligence, or if we have been apprised of the likelihood of such damages occurring.
The above limitation, or exclusion, may not apply to you to the extent that applicable law prohibits the limitation or exclusion of liability for incidental or consequential damages.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT RESTORA HEALTH DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY PERSONAL INFORMATION. RESTORA HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
RESTORA HEALTH MAKES NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (4) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
WAIVER OF JURY TRIAL AND CLASS ACTIONS
By accessing the Website, you and Restora Health agree that all matters relating to your access to, or use of, the Website shall be governed by the statutes and laws of the State of Missouri, without regard to its conflicts of laws principles. You and Restora Health also agree, and submit to the exclusive personal jurisdiction and venue of the courts of the State of Missouri with respect to such matters. Restora Health makes no representation that materials contained in the Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws.
Restora Health, Inc.
8000 Town Centre Dr. #400
Broadview Hts., OH 44147
E-mail: [email protected]