Terms of Use

Effective Date: January 15, 2016                  

Please read these Terms of Use carefully.

Welcome to Fidelity Health Marketplace, an online private benefits exchange (“Website”). This Website is operated by Fidelity Health Insurance Services, LLC (“FHIS”).  The Website provides employees of participating employers and their dependents with the ability to enroll in health, life, wellness and other benefits, and provides health related content. It consists of a registered user portal for employees and primary insureds and an employer/plan sponsor portal.

FHIS or its affiliate(s) sell group health and life insurance products to employers, and provide employers and plan sponsors with the Website, access to a variety of benefit products, customer support for employers and employees, and compliance services, collectively the “Services.”

The Services are provided to you subject to these Terms of Use, which may be updated by us from time to time without notice to you.

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE.  If you do not agree to any of these Terms of Use, please do not use the Services.

FHIS’s Role in Providing the Services

FHIS is not an insurance carrier. Certain products/services may be recommended to you, but all such offers are made by, and all products/services are provided by the respective insurance carriers, third party administrators, and other program providers (collectively “Providers”).  The decision to accept any such offer or use any product/service is made by you.  The Provider is solely responsible for its products/services to you. 

No insurance product or service is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the insurance or other laws of such jurisdiction. FHIS makes no representation that the products it sells or makes available are appropriate or available for use in your state. 

FHIS does not process claims, make decisions regarding benefits or determine eligibility for benefits. FHIS does not make any decisions concerning the design of the plan. FHIS is not a plan administrator; FHIS cannot amend, modify, create or terminate an employer’s benefit plan or program. FHIS is not a plan sponsor or fiduciary of any employee welfare benefit plan or program. 

The Providers may rely on the representations made by an applicant during the underwriting process. The Providers may reject an application if there is a suspicion of fraud. Subsequent discovery of material facts known to the applicant and either not disclosed or misrepresented may result in the rescission of a benefit plan or policy. With respect to large group applications, the applicable Provider must review and approve the application and issue the contract or policy before coverage is considered in place. For all applicants, the effective date may depend on the Provider’s receipt of premium.

BY USING THE SERVICES, YOU UNDERSTAND,  ACKNOWLEDGE AND AGREE THAT: (1) NOTHING HEREIN CONSTITUTES AN OFFER OR GUARANTEE FOR COVERAGE; (2) REQUIREMENTS FOR A SPECIFIC HEALTH INSURANCE PRODUCT OR SERVICE ARE MADE BY THE PROVIDER OF THAT PRODUCT OR SERVICE; (3) FHIS DOES NOT GUARANTEE ANY PROVIDER’S PRODUCT OR SERVICE; AND (4) FHIS IS NOT AND SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS, LIABILITIES OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY PROVIDER’S PRODUCT OR SERVICE.

Using the Website

Although the Website contains descriptions about plans and benefits, the descriptions are informational only and are not intended to provide all terms and conditions.  The official plan documents will have complete information about that plan and will be the controlling authority governing that plan.  Coverage is subject to the terms and conditions in the insurance and benefit policies and documents issued by insurers, third party administrators, and other vendors.     

While the decision support tool on the Website may rank certain health insurance options in order of “best fit” based on your answers, you are responsible for ensuring that the coverage you select is appropriate for you and any dependents. 

The costs for coverage shown on the Website may vary.

Your use of the Website does not guarantee that you are eligible to receive coverage under any health plan or insurance. To enroll in benefits, you must be eligible for the particular benefit and you must complete the enrollment process.

The Website also provides the ability for employers and plan sponsors to view plan and program enrollment information and access compliance tools for their employer-sponsored plans and programs. It is the responsibility of the employer or plan sponsor, as applicable, to ensure compliance with all applicable local, state and federal laws and regulations.

There may be errors in the information displayed on the Website or the information may not be complete or current and it may not apply to your situation.

Registration

To enroll in benefits, you must sign in using the email address provided to us by your employer.  You will be asked to change your password the first time you log in.  You are responsible for safeguarding your account and for all activities on your account.  If you allow others to use your account, you are responsible for all of their activities on your account.  In the event someone accesses your account through unauthorized use of your email address and password, you agree to cooperate with FHIS in any investigation and agree to take corrective measures to protect your account from further fraudulent activity.

Links to Third Parties

FHIS offers health and wellness products and services to help individuals better manage their health and the payment of health care. These products and services are offered through links from the Website to websites that are owned or operated by the Providers or other third parties unaffiliated with FHIS (each, a “Linked Third-Party Site”).  Such links do not constitute or imply FHIS’s approval, sponsorship or endorsement of any Linked Third-Party Site.  FHIS is not responsible for and makes no representations or warranties, express or implied, regarding any Linked Third-Party Site.  You access and use a Linked Third-Party Site solely at your own risk.   When you access and use a Linked Third-Party Site, you are subject to that third party’s terms and conditions of use.  Any rights, claims or actions you may have in respect of a Linked Third-Party Site can only be brought directly against the owner or operator of the Linked Third-Party Site.

Third Party Content

This Website includes articles, opinions, and news on personal health and financial health. Some of this content is supplied by individuals and companies that are not affiliated with FHIS ("Third Party Content"). Some Third Party Content may be provided by companies whose products and services are offered on this Website. The source of all Third Party Content is clearly and prominently identified. The Third Party Content is protected by copyright pursuant to United States laws and international treaties and is owned or licensed by the Third Party Content provider(s) credited.

FHIS has not been involved in the preparation of Third Party Content and does not explicitly or implicitly endorse or approve such content.

While FHIS makes every attempt to provide accurate and timely information to serve the needs of users, neither FHIS nor the Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites. Third Party Content is provided for informational purposes only and FHIS specifically disclaims any responsibility for Third Party Content available on the site. You will use Third Party Content only at your own risk. THE THIRD PARTY CONTENT IS PROVIDED ON AN "AS-IS" BASIS.

Health and Wellness Content

FHIS does not provide medical or nutritional advice, diagnosis or treatment. If you have any questions regarding your health, you should promptly consult your physician or other healthcare provider. You should also consult your physician or other healthcare provider or professional before beginning any exercise program or diet. Never disregard professional medical advice or delay seeking professional medical advice or treatment because of something you have read on the Website.

IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD IMMEDIATELY CALL 911 OR YOUR PHYSICIAN.

Proprietary Rights

The Website and all its contents, materials, elements and components are proprietary property of FHIS or its third-party licensors, and are protected by United States and international intellectual property laws.  Any unauthorized use of the Website or any other proprietary property of FHIS or a third-party licensor may result in civil and/or criminal penalties.  All trademarks and service marks on the Website and in communications, marketing materials, reports, and any and all other documents created or used by us, belong to FHIS, except third-party trademarks and service marks, which are the property of their respective owners.

Our Limited License to You

Subject to your compliance with these Terms of Use, FHIS grants you a revocable, conditional and limited license to access and use the Website, and all material contained therein, solely for your own personal/family/household use in accordance with applicable laws.  This license is personal to you and is not transferable or assignable to others, and may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms of Use or any applicable law).  FHIS reserves all rights not expressly granted herein.

Linking to the Website

Your Linking to the Website from a third party website is subject to the following conditions:

  (1)         Your link must be a text-only link and may not include a FHIS logo;

  (2)         You do not frame or otherwise create a browser or border environment around any page or content of the Website;

  (3)         You do not deep-link to any internal page or area of the Website;

  (4)         You do not use any Website logo or design mark in or as your link;

  (5)         You do not link to the Website from any pornographic or sexually oriented website;

  (6)         You do not misrepresent or falsely suggest that your website, product or service is sponsored, endorsed or approved by, or is affiliated or associated with, FHIS;

  (7)         You do not publish false, misleading or inaccurate information about, or otherwise disparage, the Website or FHIS; and

  (8)         FHIS is under no obligation to support your link.

Timeliness of Content

All content on the Website is presented only as of the date published or indicated, and may be superseded by subsequent events or for other reasons. You are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

Means of Access

The Website is generally intended to be viewed by a conventional web browser with a screen resolution of 800 by 600 pixels or greater. Although you may use other means to access the Website, be aware that the Website may not appear accurately through other access methods, and you use them only at your own risk.

You should not access the Website through devices or services that are designed to provide high-speed, automated, repeated access.

Accuracy of Data

You agree that any information you’ve supplied to us or through the Services is accurate and current. Further, you agree to keep such information accurate and up-to-date.

Limitations on guidance

FHIS does not provide medical, tax, financial or legal advice. Fidelity is not responsible for ensuring compliance with any state or federal law, rule or regulation for any employer, group health plan, employee welfare benefit plan or any other plan or program. The information FHIS provides on the Website or through the Services is for informational purposes only. You should consult your own advisors and professionals as appropriate.

Information Privacy

Please review our Privacy Policy which describes our information collection, use, sharing, and security practices associated with the Services, and which is incorporated herein by reference.

Prohibited Uses

You may not:

  • access or use the Services other than for your own work/personal/household use in compliance with these Terms of Use and applicable laws;
  • impersonate another, or falsify account information, or make unauthorized use of another’s information;
  • copy, reproduce, sell, rent, lease, distribute, transfer, modify or make derivative works from the Website, in whole or in part;
  • remove any FHIS or Provider copyright, trademark or other proprietary rights or legal notices contained in any material obtained through the Services;
  • decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive any source code of the Website;
  • interfere in any way with the operation of the Website or any server, network or system associated with the Website, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the Website or any server, network or system associated with the Website; breaching or circumventing firewall, encryption, security or authentication routines; accessing data not intended for you, or accessing another’s account that you are not expressly authorized to access;
  • use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access the Website or any server, network or system associated with the Website, or to extract, collect, harvest or gather content or information from the Website;
  • frame or otherwise create a browser or border environment around any page or content of the Website, or deep-link to any internal page or area of the Website;
  • use any FHIS trademark or service mark in any manner (including as meta tags or ad keywords), except as necessary to make verbal or written reference to FHIS in a truthful and non-misleading and purely descriptive and nominative manner not including any FHIS logo; or
  • make any other use of the Services that violates these Terms of Use or any applicable law.

Notice of Claimed Copyright Infringement

In compliance with the U.S. Digital Millennium Copyright Act (Title 17, United States Code) (“DMCA”), FHIS will respond to proper notifications of claimed copyright infringement.  FHIS also has a policy of terminating, in appropriate circumstances at FHIS’s discretion, the accounts of registered users on the Website who are determined to be repeat infringers.

If you believe that your copyright has been infringed or violated, please notify our Designated Agent listed below in writing and include the following information in your notice:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
  • A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works;
  • An identification of the allegedly infringing material, and a description of where that material is located;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner.

Designated Agent: Notifications of claimed copyright infringement should be sent to the following designated agent:

  • By mail: Tanya Courcey, Fidelity Investments, 200 Seaport Blvd, Mailzone ZW9A, Boston, MA 02210
  • By phone: 617-563-9840
  • By email: CopyrightClaim@fmr.com

Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.

Disclaimer of Warranties

UNLESS EXPRESSLY OTHERWISE AGREED UPON IN WRITING BY FHIS AND Except where prohibited by applicable law:

  1. FHIS MAKES NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICES;
  2. THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED;
  3. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FHIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE; WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FHIS DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED; OR THAT THE WEBSITE WILL BE SECURE AND FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY INFORMATION PROVIDED ON THE WEBSITE OR AS PART OF THE SERVICES WILL BE CURRENT OR ACCURATE; OR THAT YOUR APPLICATION FOR ANY PRODUCT OR SERVICE SUBMITTED WILL BE SUCCESSFULLY TRANSMITTED TO, OR ACCEPTED BY A PROVIDER; AND
  4. YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.  FHIS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH FHIS DOES NOT HAVE DIRECT CONTROL.

SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  BUT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, FHIS EXCLUDES ALL WARRANTIES.

Limitations of Liability

UNLESS EXPRESSLY OTHERWISE AGREED UPON IN WRITING BY FHIS AND EXCEPT WHERE PROHIBITED BY APPLICABLE LAW:

  1. IN NO EVENT SHALL FHIS OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ADVISORS AND CONSULTANTS BE LIABLE TO YOU (WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR ANY OTHER LEGAL OR EQUITABLE THEORY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, DATA OR INFORMATION OF ANY KIND) ARISING OUT OF OR RELATED TO THE SERVICES, INCLUDING YOUR RELIANCE UPON ANY RECOMMENDATIONS APPEARING ON THIS WEBSITE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES; AND 
  2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE AND WAIVE ALL CLAIMS AGAINST FHIS WITHOUT LIMITATION, INCLUDING CLAIMS RELATED TO INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS, RIGHTS OF PRIVACY AND PUBLICITY, RIGHTS OF ATTRIBUTION, OR ANY OTHER LIABILITY UNDER THE GOVERNING LAW OF THE UNITED STATES, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OR DISPUTE WITH FHIS CONCERNING THE SERVICES IS TO STOP USING THE SERVICES.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

User Indemnity

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS FHIS AND ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ADVISORS AND CONSULTANTS, FOR AND FROM ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING OUT OF OR RELATING TO: (1) YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON, THE SERVICES OR ANY INFORMATION OBTAINED THROUGH THE SERVICES; (2) YOUR VIOLATION OF ANY OF THESE TERMS OF USE OR ANY APPLICABLE LAW; (3) ANY TRANSACTION, DEALING OR DISPUTE BETWEEN YOU AND (a) THE OWNER OR OPERATOR OF A LINKED THIRD-PARTY SITE/ OR (b) ANY PROVIDER.

Governing Law

These Terms of Use are governed by and shall be construed in accordance with the laws of the Commonwealth of Massachusetts (without regard to the conflict of laws provisions thereof).

Arbitration Agreement

You and FHIS agree that any dispute or claim related to your use of the Services shall be resolved by binding arbitration, rather than in court, except that FHIS may bring actions in court to enforce its intellectual property rights.  The United States Federal Arbitration Act and federal arbitration law apply to these Terms of Use.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim, to:

Fidelity Health Insurance Services LLC
200 Seaport Blvd., V2B

Boston, MA 02210
Attn: Legal / Arbitration Notice

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules. 

YOU AND FHIS EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.  IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND FHIS EACH WAIVE ANY RIGHT TO A JURY TRIAL.

Our Reservation of Rights

FHIS reserves the right at any time and for any reason, with or without notice, and without liability to you or any other user, to: (1) modify, suspend or terminate (a) the Services, in whole or in part and (b) the operation or any feature of the Website; (2) restrict, limit, suspend or terminate your access to the Website; (3) monitor any user’s use of the Website to verify compliance with these Terms of Use and any applicable law; (4) investigate any suspected or alleged misuse of the Website and cooperate with law enforcement and third-parties in such investigation; and (5) disclose information about your use of the Services in connection with law enforcement investigation of alleged illegal activity, in response to a lawful court order, subpoena or a regulatory audit or investigation.

Severability

If any provision contained in these Terms of Use is held by any court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be deemed modified in such manner as to render such provision valid, legal, and enforceable to the fullest extent permitted by law in such jurisdiction, and the remaining provisions contained in these Terms of Use shall not be affected and shall remain in full force and effect.

No Waiver

A failure by FHIS to exercise or enforce any right or provision under these Terms of Use does not constitute a waiver of such right or provision.  A waiver of any right or provision under these Terms of Use will only be effective if it is in writing and signed by FHIS.

Conflicts

Notwithstanding the foregoing provisions of this Terms of Use, in the event of a conflict between this agreement and the terms and conditions of the written agreement between your employer and FHIS for any services that FHIS performs or provides to your employer (including but not limited to the Website or the Services), the terms and conditions of such written agreement shall control.