ADVANCED MEDICAL PRICING SOLUTIONS (“AMPS”) Mobile Application Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS MOBILE APPLICATION.

AGREEMENT TO TERMS

Thank you for accessing the Advanced Medical Pricing Solutions ("AMPS" or "we") Mobile Application and/or Member Web Portal (the "App"). By viewing, downloading, installing, and accessing the App you explicitly agree to these Terms and Conditions and AMPS Mobile Privacy Policy (collectively, the "Terms").

We may amend these Terms at any time by posting a revised version on the App or on our website. The revised version will be effective at the time we post it. We are not obligated to notify you of changes to the Terms. If you disagree with the Terms, you are instructed not to use this App.

Proprietary Rights

The App is and will remain owned, operated, or otherwise administered by AMPS. The contents of this App, including but not limited to, the text, images, postings, uploads, downloads, layout, and code, are proprietary information, intellectual property, or copyrighted material belonging to AMPS and its content providers. We and our content providers retain all right, title, and interest in the content that (1) We make available to you, and (2) that is submitted, posted, or otherwise shared by you or anyone else on the App.

No material from the App may be modified, copied, reproduced, republished, uploaded, posted, broadcasted, transmitted, framed, licensed, sold, or distributed in any way without the prior written consent of AMPS, except AMPS authorizes you to upload and post materials in compliance with the Terms, but only to the extent to which your individual access may allow. Viewing and downloading of any material on the App site shall be solely for your personal, non-commercial use. You may not erase or alter any copyright or other proprietary notices on any copies you make.

When submitting any information through the App, AMPS understands and acknowledges that you will be submitting information about you. All information belonging to you, shall remain your property. You do grant AMPS the right to use such information for the purposes it was submitted, for purposes outlined in the Terms, and any other related business activities.

Confidentiality

All material made available to you on or through the App is confidential and shall be treated by you as such. You agree that the disclosure of such information could cause AMPS irreparable harm and would allow AMPS, its directors, officers, employees, and/or agents to seek injunctive relief from you in addition to any other remedy available to it in law or equity. You shall be fully responsible for any losses or damages which arise from your noncompliance with the confidentiality obligations contained in the Terms. You further agree to fully indemnify and hold AMPS harmless from and against any claims or losses brought by a third party against AMPS.

These confidentiality obligations survive your termination of use of the App.

Disclaimers and Limitation of Liability

The App may contain inaccuracies or typographical errors. While we try to promptly correct all errors under our control that become known to us, AMPS makes no representations on the accuracy, reliability, completeness, or timeliness of the material on the App. AMPS has no obligation to update, modify, or remove information presented on the App, though we reserve the right to do so within our sole discretion. Information herein may be out of date at any given time. Your use of the App and any of its material is at your own risk. Changes are made to the App often and can occur at any time and without notice.

AMPS DOES NOT WARRANT THAT THE APP WILL OPERATE ERROR FREE, OR WITHOUT INTERRUPTION, OR THAT THE APP AND ITS SERVER ARE FREE OF ALL VIRUSES OR CODE HARMFUL TO YOUR EQUIPMENT, YOUR PROGRAMS, OR YOUR DATA. THE FEATURES, FUNCTIONS, SERVICE, AND CONTENT OF THE APP ARE PROVIDED ON AN "AS IS" BASIS, WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES OF ANY KIND.

In no event will AMPS, its service providers, content providers, employees, agents, officers, and directors be liable for any incidental, direct, indirect, consequential, or special damages, including loss of revenue or income, loss of programs or data on your equipment, pain and suffering, emotional distress, or similar damages even if we have been advised of the possibility of such damages. If you are dissatisfied with any of the material on the App, or with any of AMPS's Terms, your sole and exclusive remedy is to discontinue using the app.

No Personal Healthcare Advice or Other Advice

The App and its health-related information and resources are not a substitute for professional medical advice or for the care that patients receive from their physicians or other health care providers.

The App and its health-related information resources are not meant to be the practice of medicine, the practice of nursing, or to carry out any professional health care advice or service in the state where you live. NOTHING ON THE APP IS TO BE USED FOR MEDICAL OR NURSING DIAGNOSIS OR PROFESSIONAL TREATMENT.

Always seek the advice of your physician or other licensed health care provider. Always consult your physician or other health care provider before beginning any new treatment, or if you have any questions regarding a health condition. You should not disregard medical advice, or delay seeking medical advice, because of something you read on the App.

User Generated Contributions and Prohibited Activities

We may collect and use the information gathered through the App (both information you submit and information we collect about you) in accordance with the AMPS Mobile Privacy Policy found at AMPS.com.

The App is password-protected and for use only by AMPS authorized users. If you register or make available any contributions, you agree to that:

You may not cause or allow anyone to (1) co-brand the App or any portion thereof (which means any name, logo, trademark, or other means of attribution or identification of any party is displayed in such manner reasonably likely to give an App user the impression that such other party has the right to display, publish, or distribute the App or the AMPS website or the accessible content of either); or (2) frame the App or any portion (where the App or any portion will appear on the same screen with a portion of another application or website.) You agree to cooperate with AMPS in causing any unauthorized co-branding, framing, or linking to immediately cease. You may not use the App to:

When you register to use this password-protected App, you will establish your account password. To protect your privacy, you alone are responsible to keep your password a secret. AMPS employees or agents will never ask you to share your password. Do not give out your password or allow it to be seen or used by anyone else. If someone else learns your password, that person might use the App to get private information about you without your knowledge and AMPS cannot stop such access until you change your password.

The App, or our website, AMPS.com, allow you to change your password. You will be prompted to change your password at regular intervals. If you think your password no longer is secret, you must use the password page of the App or AMPS.com to immediately change your password to protect your own privacy. YOU ARE FULLY RESPONSIBLE FOR ALL LOSSES, DAMAGES, OR CONSEQUENCES RESULTING FROM ANY ACTIVITY ON THE APP OR ON AMPS.COM PERFORMED USING YOUR ACCOUNT.

User Surveys

We periodically conduct surveys through the App. Surveys may be generalized and address items such as content or process improvements; or, surveys may be generated for more specific purposes and address detailed or refined subjects or issues. We reserve the right to utilize online surveying services from third parties to survey on behalf of AMPS. Survey participation requirements will be contained within survey directives.

Links from the App

We may have links from the App to a number of different health care-related applications or websites. Any such links are provided as a courtesy to help you find information. AMPS is not responsible for the performance or content of applications or websites linked from the App since they are beyond AMPS's control. We recommend you visit such applications or websites with caution and that you read the privacy statements and terms of use on the applications or websites you visit to understand their individual privacy practices. AMPS DISCLAIMS ALL LIABILITY FOR ANY DAMAGES OR LOSSES THAT RESULT FROM YOUR ACTIVITY ON OTHER APPLICATIONS OR WEBSITES WHETHER OR NOT THOSE APPLICATIONS OR WEBSITES MAY BE LINKED TO FROM THIS APP OR APPEAR TO BE BRANDED OR COBRANDED AS BELONGING TO AMPS UNLESS AMPS SPECIFICALLY EXCEPTS SUCH LIABILITY THROUGH THE TERMS OF USE FOR SUCH APPLICATION OR WEBSITE.

Termination or Limitation of Access

AMPS reserves the right to terminate or limit your access to the App or its content, in whole or in part, at any time without notice.