Terms of Service

Last Modified: July 03, 2020

Acceptance of the Terms of Service

These Terms of Service are entered into by and between you and Tripment, Inc. ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (these "Terms of Service"), govern your access to and use of www.tripment.com, including any content, functionality and services offered on or through www.tripment.com (the "Tripment Site"), whether as a guest or a registered user.

Please read the Terms of Service carefully before you start to use the Tripment Site. By clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at https://tripment.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Tripment Site.

This Tripment Site is offered and available to users who are 18 years of age or older. By using this Tripment Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Tripment Site.

The purpose of the Tripment Site is to provide you a simple way to access estimates of health care costs by healthcare providers for estimating and preliminary planning purposes. To be clear, the Tripment Site is not meant to be, and cannot be used as, a substitute for your medical treatment. Further, Tripment does not endorse healthcare providers or refer users to healthcare providers but simply provides information about healthcare providers.

Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Tripment Site thereafter, unless applicable law requires your affirmative consent, in which case, we will require such affirmative consent the next time you access the Tripment Site. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Tripment Site.

Your continued use of the Tripment Site following the posting of revised Terms of Service means that you accept and agree to the changes, unless applicable law requires your affirmative consent, in which case, your affirmative consent will mean you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Disclaimer for Use of Tripment Site

THE TRIPMENT SITE (AND THE SERVICES PROVIDED HEREIN) DO NOT PROVIDE MEDICAL ADVICE BUT SOLELY PROVIDE YOU WITH AN OPPORTUNITY TO REVIEW ESTIMATED COSTS FOR MEDICAL SERVICES PROVIDED BY HEALTHCARE PROVIDERS. THE COMPANY IS NOT AUTHORIZED TO PROVIDE SERVICES REQUIRING PROFESSIONAL LICENSURE AND NO HEALTHCARE PROVIDER/PATIENT RELATIONSHIP IS CREATED BETWEEN YOU AND COMPANY WHEN YOU USE THE TRIPMENT SITE. THE TRIPMENT SITE AND THE SERVICES THEREIN ARE FOR ESTIMATING AND PRELIMINARY PLANNING PURPOSES ONLY AND ARE NOT A PERSONAL EMERGENCY RESPONSE SYSTEM. ACCORDINGLY, THE TRIPMENT SITE SHALL NOT BE USED FOR ACUTE CRISIS MANAGEMENT, REAL TIME MONITORING OR MEDICAL CARE OF ANY KIND. THE SERVICES ARE ONE COMPONENT OF ESTIMATING/PLANNING FOR AND OBTAINING SERVICES FROM A HEALTHCARE PROVIDER. IT IS SOLELY YOUR RESPONSIBILITY TO MAINTAIN COORDINATED AND/OR DIRECT CHANNELS OF CARE AND COMMUNICATIONS, AND NOT THE COMPANY. THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY HEALTH CARE AND/OR PROFESSIONAL SERVICES THAT YOUR HEALTHCARE PROVIDER PROVIDES TO YOU, INCLUDING ALL PATIENT CARE DECISIONS RESULTING FROM OR INVOLVING THE USE OF THE TRIPMENT SITE, THE COMPANY’S SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED IN THE TRIPMENT SITE. THE COMPANY MAKES NO REPRESENTATIONS CONCERNING THE COMPLETENESS, ACCURACY, OR UTILITY OF ANY DATA YOU OR A HEALTHCARE PROVIDER PROVIDE THROUGH THE TRIPMENT SITE. NEITHER YOU, THE HEALTHCARE PROVIDER NOR ANY OTHER PERSON WILL HAVE ANY CLAIM OR CAUSE OF ACTION AGAINST THE COMPANY AS A RESULT OF ANY PATIENT CARE OR OTHER SERVICES RENDERED OR WITHHELD IN CONNECTION WITH THE USE OF THE TRIPMENT SITE, THE COMPANY’S SERVICES OR ANY OTHER DATA PROVIDED THROUGH THE TRIPMENT SITE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE TRIPMENT SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL A DOCTOR OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY.

With respect to the provision of the Tripment Site and the services provided herein and the protection of your protected health information, you acknowledge and agree that the Company may be acting as a business associate on behalf of a covered entity (with “business associate” and “covered entity” as defined in the administrative simplification provision of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”)) and that it will comply with the business associate agreement (https://tripment.com/business-associate-agreement) entered into separately between the Company and the relevant covered entity.  

Disclaimer for Reliance on Information Posted

THE INFORMATION PRESENTED ON OR THROUGH THE TRIPMENT SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES AND ESTIMATING AND PRELIMINARY PLANNING PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE TRIPMENT SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

THIS TRIPMENT SITE MAY INCLUDE CONTENT PROVIDED BY THIRD PARTIES, INCLUDING MATERIALS PROVIDED BY PHYSICIANS, HEALTHCARE PROVIDERS AND THIRD-PARTIES. ALL STATEMENTS AND/OR OPINIONS EXPRESSED IN THESE MATERIALS, AND ALL OTHER CONTENT, OTHER THAN THE CONTENT PROVIDED BY THE COMPANY, ARE SOLELY THE RESPONSIBILITY OF THE PERSON OR ENTITY PROVIDING THOSE MATERIALS. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTIES.

Healthcare Professional Use of the Tripment Site

Pursuant to requirements under HIPAA, the Company will serve as a business associate to any physician or other healthcare provider offering services through the Tripment Site. Any physician or other healthcare provider offering services through the Tripment Site will be bound by the terms of the business associate agreement, located at: https://tripment.com/business-associate-agreement

Physician or other healthcare provider use of the Tripment Site will be subject to additional terms as they are updated.

Changes to the Tripment Site

We may update the content on this Tripment Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Tripment Site may be out of date at any given time, and we are under no obligation to update such material.

Company reserves the right to modify or discontinue, temporarily or permanently, the Tripment Site (or any part thereof) with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Tripment Site.

Links from the Tripment Site

If the Tripment Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Tripment Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Tripment Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Intellectual Property Rights

The Tripment Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Tripment Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Tripment Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Tripment Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Tripment Site or any services or materials available through the Tripment Site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Tripment Site in breach of the Terms of Service, your right to use the Tripment Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Tripment Site or any content on the Tripment Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Tripment Site not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

Trademarks

The Company name and all related names, trademarks, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Tripment Site are the trademarks of their respective owners.

Prohibited Uses

You may use the Tripment Site only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Tripment Site:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Service.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Tripment Site, or which, as determined by us, may harm the Company or users of the Tripment Site or expose them to liability.

Additionally, you agree not to:

  • Use the Tripment Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Tripment Site, including their ability to engage in real time activities through the Tripment Site.
  • Use any robot, spider or other automatic device, process or means to access the Tripment Site for any purpose, including monitoring or copying any of the material on the Tripment Site.
  • Use any manual process to monitor or copy any of the material on the Tripment Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Tripment Site.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Tripment Site, the server on which the Tripment Site is stored, or any server, computer or database connected to the Tripment Site.
  • Attack the Tripment Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Tripment Site.

Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this provision, including without limitation, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Tripment Site in a manner that Company determines, in its sole discretion, is illegal or improper.

Monitoring and Enforcement; Termination

We have the right to:

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Tripment Site.
  • Terminate or suspend your access to all or part of the Tripment Site for any violation of these Terms of Service.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Tripment Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Information About You and Your Visits to the Tripment Site

All information we collect on this Tripment Site is subject to our Privacy Policy https://tripment.com/privacy-policy. By using the Tripment Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Accessing the Tripment Site and Account Security

We reserve the right to withdraw or amend this Tripment Site, and any service we provide on the Tripment Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Tripment Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Tripment Site, or the entire Tripment Site, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Tripment Site; and
  • Complying with these Terms of Service.

To access the Tripment Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Tripment Site that all the information you provide on the Tripment Site is correct, current and complete. You agree that all information you provide to register with this Tripment Site or otherwise, including but not limited to through the use of any interactive features on the Tripment Site, is governed by our Privacy Policy https://tripment.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Tripment Site or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Service.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Tripment Site, including, but not limited to, any use of the Tripment Site's content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Tripment Site.

Governing Law and Jurisdiction

All matters relating to the Tripment Site and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Tripment Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the borough of Manhattan in New York City; although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Notice for California Users

California Civil Code Section 1798.83 (“Shine the Light” Law) permits users of the Service from California to request information regarding the disclosure of your personal information by Tripment to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to support@tripment.com. If we do not respond to your request, you may also have a right to file a complaint with: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Tripment, Inc., 12 East 49th Street, 11th Floor New York, NY 10017. You may also contact us at support@tripment.com.

Entire Agreement

The Terms of Service, our Privacy Policy, and if applicable, the Business Associate Agreement constitute the sole and entire agreement between you and Tripment, Inc. with respect to the Tripment Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Tripment Site.

Your Comments and Concerns

This website is operated by Tripment, Inc. All other feedback, comments, requests for technical support and other communications relating to the Tripment Site should be directed to: support@tripment.com.