Terms of Service
Last updated: September 24, 2018
Welcome to the Beacon Network. Beacon Health Benefits, LLC, a North Carolina limited liability company, and/or its affiliates (“Beacon”) offer the Beacon Network and other services to you subject to the following terms and conditions.
By using the Beacon Network, you agree to these Terms of Service. Please read them carefully.
In addition to these Terms of Service, additional terms may apply. When you use services offered by our partners in the Beacon Network (our “Partners”), you will be subject to the terms and conditions of that service as offered by that Partner. In the event of a conflict between these Terms of Service and the terms and conditions offered by a Partner, these Terms of Service will control.
Access and Eligibility
Your access to and use of the Beacon Network is subject to your affiliation with an employer, association, or other organization (your “Sponsor”) with an active, ongoing subscription to the Beacon Network. Your access to the Beacon Network is subject to your ongoing affiliation, direct or indirect, with your Sponsor. Beacon makes no representations or warranties regarding your Sponsor’s ongoing subscription to the Beacon Network. In the event that your Sponsor discontinues its participation in the Beacon Network, Beacon may, but shall not be required to, continue to provide you access to the Beacon Network for a period of time, at Beacon’s sole discretion.
NOTWITHSTANDING YOUR AFFILIATION WITH A SPONSOR, YOU MAY NOT PARTICIPATE IN THE BEACON NETWORK IF YOU ARE ENROLLED IN OR A BENEFICIARY UNDER ANY FEDERALLY- OR STATE-ADMINISTERED MEDICARE OR MEDICAID PROGRAM.
Subject to your compliance with these Terms of Service, Beacon grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Beacon Network. You may not use this license to sell or resell products or services offered on the Beacon Network to the general public. You may not use this license to collect, catalogue, or reproduce product or service listings offered on the Beacon Network, nor may you download, copy, or distribute the products and services offered on the Beacon Network, including the corresponding prices, without Beacon’s express written consent. The license granted hereunder may be terminated by Beacon if you do not comply with these Terms of Service or applicable law.
Access to the Beacon Network requires registration using an email address and password. Once you have registered your account, you are responsible for all actions taken or required to be taken to maintain your account. Any actions taken on the Beacon Network that originate from your account will be presumed to have been taken by you or by another with your approval. Beacon expressly disclaims responsibility for any actions originating from your account.
Partners and Services
By using the Beacon Network, you acknowledge that Beacon is separate and apart from, and bears no responsibility or liability for, the services provided by Beacon’s Partners on the Beacon Network. Partners are independent businesses offering services to members of the public, and are in no way affiliated with or part of Beacon. Beacon expressly disclaims any and all liability for any acts undertaken or not undertaken by a Partner or Partners, their affiliates, employees, agents, and assigns.
Disclaimer of Warranties and Limitation of Liability
THE BEACON NETWORK AND ALL INFORMATION, CONTENT, PRODUCTS AND/OR SERVICES OFFERED OR MADE AVAILABLE TO YOU THROUGH THE BEACON NETWORK ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BEACON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING PARTNERS OR SERVICES OFFERED THROUGH THE BEACON NETWORK. YOU ACCEPT AND AGREE THAT YOUR USE OF THE BEACON NETWORK AND YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE BEACON NETWORK IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BEACON DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL BEACON’S OPERATION AND MAINTENANCE OF THE BEACON NETWORK BE CONSTRUED AS BEACON’S ATTEMPT OR PRACTICE OF OFFERING, PROVIDING, OR PERFORMING MEDICAL SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BEACON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE BEACON NETWORK, OR FROM ANY PRODUCTS OR SERVICES PURCHASED FROM, OR MADE AVAILABLE TO YOU THROUGH, THE BEACON NETWORK. BEACON SHALL NOT BE RESPONSIBLE FOR ENSURING THAT ANY PARTNER OR SERVICE OFFERED BY A PARTNER MEETS WITH THE APPLICABLE STANDARD OF CARE IN THE APPLICABLE JURISDICTION.
By using the Beacon Network, you agree that applicable federal law and the laws of the state of North Carolina, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise hereunder.