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PlanYear Terms of Service

Updated May 29, 2024

The following Terms and Conditions of Use (“Terms”) is an agreement between you, the user (“you”), and PlanYear, LLC, and its affiliates (“PlanYear” or “we”) with respect to your use of the website planyear.com, including any subdomains or web services available thereon (the “Site”) and the PlanYear Mobile Application (“Application”). By installing and/or using the application on a web or mobile device you acknowledge (a) acknowledge that you have read, understand and accept this agreement; (b) represent that you are 18 years of age or older; and (c) accept this agreement and agree that you are legally bound by its terms. If you do not agree to these terms, do not download, install or use the application or delete it from your mobile device.


1. Acceptance of Terms and Conditions of Use
By using the Site or Application, you agree to comply with these Terms and Conditions. Please review them carefully. If you do not comply or agree with these Terms and Conditions, please do not access or use the Site or any of its Content (as defined herein).

These Terms may be revised or updated from time to time. You should check the Terms regularly for updates. Each time you access, use or browse the Site or Application, you signify your acceptance of the then-current Terms. Any material changes in these Terms take effect upon posting and apply only to your use of the Site and/or Application and information collected from you on and after Last Updated date, unless we have other communications with you.

We may modify, suspend or discontinue, temporarily or permanently, the Site, the Content, or the Application at any time. In addition, PlanYear may suspend, discontinue, restrict or terminate your use of the Site or Application at any time for any reason or no reason with or without notice. PlanYear will not be liable to you or any third party for any such suspension, discontinuance, restriction or termination.

You represent and warrant that you are at least 18 years of age and possess the legal authority, based on the state of your residence, to enter into this Agreement, access the Site and use PlanYear's products and services. If you intend to access and use PlanYear's services and products for a minor, you must be the legal guardian for such minor and agree that you will supervise all usage on such minor account.


2. Permitted Uses
The content available through the Site and/or Application, including without limitation text, graphics, brochures, materials, charts, audio, animation, videos, logos, icons, images, media, data, the look and feel of the Site and/or Application, software, products, features, tools and other information, materials or services available on, or from, the Site and/or Application (the "Content") is the sole and exclusive property of PlanYear, its licensors, or other content providers.

You agree to abide by any posted limitations relating to use, reproduction or dissemination of any Content. Any use of the Site, Application or Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law. Any rights not expressly granted by these Terms are expressly reserved by PlanYear.

PlanYear hereby grants you permission to access and use the Site and/or Application subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of the Terms on your part:

  • You agree not to access (or attempt to access) any of the services by any automated means (including use of scripts or web crawlers) or means other than through the interface that is provided by PlanYear.
  • You agree that you will not engage in any activity that interferes with or disrupts the Site, Application, or the servers and networks which are connected to the Site.
  • You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Content, products or services available on the Site and/or Application for any purpose.
  • You will not interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Site, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Site and/or Application. In addition, you are prohibited from violating or attempting to violate the security of the Site and/or Application by, for example, attempting to access data not intended for you or logging into a server or account you are not authorized to access. Violations and attempted violations of system or network security may result in civil or criminal liability. PlanYear will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations.
  • You agree that you are solely responsible for (and that PlanYear has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which PlanYear or any third party may suffer) of any such breach.
  • Special terms may apply to some products, services or features offered on the Site and/or Application, or to any promotions, sweepstakes, contests, surveys, questionnaires, or other activities (collectively, "Activities") that may be offered on the Site, Application or offline. Such special terms or rules (which may include official rules and expiration dates) may be posted in connection with the applicable Activity. By participating in any Activity you will become subject to those terms or rules. We urge you to read the applicable terms or rules which are linked from the particular Activity, and to review our Privacy Policy which, as part of these Terms, governs any information you submit in connection with such Activities. Any special terms or rules are in addition to these Terms and, in the event of a conflict, any such terms or rules shall prevail over these Terms.


3. Protected Health Information
User acknowledges that PlanYear is not a “Business Associate” as defined in the Health Insurance Portability and Accountability Act and related amendments and regulations as updated or replaced (“HIPAA”). Users should not use, disclose, transmit or otherwise process any “Protected Health Information” as defined in HIPAA (“PHI”) through the Services. User agrees that we have no liability for PHI received from User, notwithstanding anything to the contrary herein.

4. Mobile Application
The Application and the associated cloud services may include certain features that are delivered via a mobile device, including:

1. the ability to upload content to the Services via a mobile device,

2. the ability to browse the Services and the PlanYear Platform from a mobile device, and

3. the ability to access certain features including items like digital ID cards through an application downloaded and installed on a mobile device.

Consistent with our Corporate Website Privacy Policy and Digital Platform Privacy Policy, some of our Services may allow PlanYear and selected third-party partners to send push notifications, to User’s mobile device. User’s wireless service carrier’s charges, data rates, and other fees may apply. Under no circumstances will PlanYear or third-party partners be responsible for any internet service or wireless service carrier charges, fees, or expenses incurred by the User. In addition, downloading, installing, or using certain Services may be prohibited or restricted by User’s carrier, and not all Services may work with all carriers or devices. If User changes or deactivates User’s mobile telephone number, User agrees to promptly update User’s PlanYear account information. The Application is intended for use within the USA and using the same from a foreign country (outside of the USA) is prohibited.

5. Provider Lookup Service
The Application and the process of enrollment enables the users to look for suitable service providers including participating doctors and other facilities. The data provided on an as-is basis and should be independently confirmed by the user. The service is provided as is without any representations or warranties of any kind.

PlanYear LLC DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PROVIDER INFORMATION ON THE GET CARE TOOL, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

6. Collection and Use of Your Information
You acknowledge that when you download, install or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application, including accessing your device’s geolocation features. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

7. Proprietary Rights
You acknowledge and agree that, as between PlanYear and you, all right, title, and interest in and to the Site, Application and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property and proprietary rights, are owned exclusively by PlanYear, or its suppliers, vendors, merchants, licensors, or Activities partners or sponsors, and are protected by United States intellectual property and other applicable laws. Any suggestions, information or feedback provided by you to PlanYear regarding the Site, Application or the Content (including, without limitation, with respect to modifications, enhancements, improvements and other changes) (“Feedback”) is voluntary and you hereby grant to PlanYear a world-wide, royalty free, irrevocable, transferrable, perpetual license to use (and authorize others to use) any Feedback without restriction.

Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Site and Application are proprietary to PlanYear or its suppliers, vendors, merchants, licensors, or Activities partners or sponsors. PlanYear reserves all rights in and to the PlanYear trademarks and servicemarks, and you agree not to use such marks in any connection with any product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PlanYear. All other trademarks, service marks and logos used in this Site and Application are the trademarks, service marks or logos of their respective owners. Third party trademarks referenced on the Site do not constitute or imply affiliation with or endorsement of PlanYear by the respective trademark owners, or by PlanYear of the respective trademark owners.


Copyright: All Content, including material made available for download from the Site or Application, is the copyright and property of PlanYear or its suppliers, vendors, merchants, licensors, or Activities partners or sponsors, and protected by U.S. and international copyright laws. You agree not to copy, reprint, republish, modify, distribute, transmit, republish, sell, resell or exploit, or create derivative works based upon, any portion of the Site or the Content, for any purpose, or in any form or media, other than as expressly authorized by PlanYear in writing. You shall not alter, obscure or remove any proprietary notices, including copyright notices, contained on any downloaded materials.


DMCA Contact Information: We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied on the Site or Application in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent for notice of alleged copyright infringement appearing on the Site or Application is:


PlanYear, Inc.
 17595 Harvard Ave 
Ste C-850 
Irvine, CA 92614 


We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, PlanYear may also terminate a user's account.


8. Warranty Disclaimer and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE APPLICATION, INCLUDING ANY CONTENT CONTAINED WITHIN OR ACCESSED FROM THE SITE AND/OR APPLICATION, ARE PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND PLANYEAR HEREBY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, (A) ANY IMPLIED WARRANTY OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT OR (B) ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF HARMFUL COMPONENTS, OR SECURE. THE SITE, APPLICATION AND CONTENT SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND/OR APPLICATION, THE CONTENT AND ANY THIRD PARTY WEBSITES OR SERVICES ACCESSED OR REFERENCED FROM THE SITE AND/OR APPLICATION. WITHOUT LIMITING THE FOREGOING, PLANYEAR AND/OR ITS LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF ANY OF THE CONTENT ON THE SITE OR APPLICATION, OR THAT THE SITE, ITS SERVERS OR E-MAILS SENT FROM PLANYEAR OR ITS SERVICE PROVIDERS ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLANYEAR AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS AND SUPPLIERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR CONTENT AVAILABLE ON OR ACCESSED FROM THE SITE AND/OR APPLICATION, AND/OR ANY THIRD PARTY WEBSITES OR SERVICES ACCESSED OR REFERENCED FROM THE SITE AND/OR APPLICATION, OR OTHERWISE ARISING OUT OF YOUR USE OF THE SITE AND/OR APPLICATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PLANYEAR IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, APPLICATION, THE CONTENT AND/OR ANY THIRD PARTY SITE OR SERVICES IS TO STOP USING THE SITE, APPLICATION, CONTENT AND/OR THOSE SERVICES.

Although PlanYear attempts to ensure the integrity and accurateness of the Site and the Application, it makes no guarantees whatsoever as to the correctness or accuracy of the Site and the Application. It is possible that the Site and/or the Application could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site and/or Application by third parties. In the event that an inaccuracy arises, please inform PlanYear (info@PlanYear.com) so that it can be corrected.


9. Indemnification
You will indemnify, hold harmless and defend PlanYear (including its affiliates, officer, directors, employees, contractors and agents), its licensors and service providers from any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by PlanYear arising out of or relating to: (a) your breach of any term or condition of these Terms, (b) your use or misuse of the Site, Application, or Content, or (c) violations of any laws, rules or regulations applicable to your use of the Site, Application, or Content.  PlanYear reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify PlanYear and you will cooperate with PlanYear’s defense of such claims. You will not settle any such claim without PlanYear’s prior written consent.
 
10.  Products and Services May Not be Available in All States
We provide services and products, if applicable,  described on this Site and/or Application only to persons in those states and jurisdictions where such products and services may legally be sold. Nothing on our Site and/or Application should be considered a solicitation to buy or an offer to sell any products or services to any person or company in any jurisdiction where such offer, solicitation, purchase or sale would not be lawful.


11. Accounts on PlanYear
If you create an account on the Site and/or Application, you are responsible for protecting the confidentiality of your account and password and for restricting access to your account. You understand and agree that you are responsible for all activities that occur under your account or password, whether by you or others. You agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify PlanYear of any unauthorized use of your password or account or any other breach of security. You are solely responsible (to PlanYear and others) for all activity that occurs under your PlanYear account. If you have the ability to upload materials to your account, you are solely responsible to backup such materials. PlanYear reserves the right to delete or remove any materials uploaded to any account at any time in its sole discretion. PlanYear is authorized to act on instructions received through use of your password, and is not liable for any loss or damage arising from your failure to comply with this Section.

The information PlanYear collects on or through its services may include: (a) information that you provide by filling in forms; (b) records and copies of your correspondence, if you contact PlanYear; (c) details of transactions you carry out through our Services; (d) details regarding your use of PlanYear’s Services, including traffic data, logs, and other communication data and the resources that you access and use of the Services, (e) information about your computer and internet connection, including your IP address; and (f) any other information you provide to PlanYear in connection with your use of the Services (collectively, “Customer Information’).

You hereby authorize PlanYear to collect and use Customer Information to (a) present our Services and its contents to you, (b) to provide you with information, products, or services that you request from us, (c) to fulfill any other purpose for which you provide it, (d) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection, and (e) and to help PlanYear improve the Services. PlanYear shall implement appropriate technical and organizational measures to safeguard Customer Information, including aggregation and anonymization, to prevent unauthorized access, disclosure, alteration, or destruction. PlanYear shall not sell or disclose any Customer Information without the customers' explicit consent, except as required by law.

12. Links or Pointers to Other Sites
The Site and/or Application may contain advertisements, postings and links to websites, applications or services operated by other parties. The Site and/or Application provides these advertisements, postings and links as a convenience, and your use of other websites, applications or services is at your own risk. The advertisements, postings and linked sites are not under the control of PlanYear, which is not responsible for their content or privacy practices. PlanYear makes no representations whatsoever about any other website that you may access through the Site and/or Application. In addition, a hyperlink to another website from the Site and/or Application does not mean that PlanYear endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure accuracy of the information and that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature. You acknowledge and agree that PlanYear is not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.


13. Confidential and Proprietary Information; Consent to Electronic Disclosure
In addition, by using PlanYear's service, you may be asked to consent to receive electronic disclosure of Employee Benefits notices, such as Summary Plan Descriptions and plan amendments. If you provide such consent, you must have access to equipment and software required to log into the Site and/or Application and access, review and print such documents. By using PlanYear's service, you also understand and agree to receive Employee Benefit notices electronically and to be notified of employee benefit notices using the email address you have provided to PlanYear.

You may withdraw your consent to electronic disclosure at any time by sending an email to info@PlanYear.com. If you withdraw your electronic disclosure consent, you are entitled to receive a paper copy of all Employee Benefit notices, including Summary Plan Descriptions, COBRA notifications and enrollment information, and plan amendments, upon request at no charge.


14. Notice Required by California Law
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice: The name, address and telephone number of the provider of this service is PlanYear LLC, 17595 Harvard Ave , Ste C-850, Irvine, CA 92614.

Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to info@planyear.com 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 Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.

 
15. Choice of Law and Venue
Unless required otherwise by Federal or other applicable law, these Terms shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. You agree that any dispute arising under these Terms shall be resolved by the state or federal courts sitting in San Francisco County in the State of California, and you agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.  Unless prohibited by applicable law, we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
 
16. General
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. PlanYear's failure to act with respect to any failure by you or others to comply with these Terms does not waive PlanYear's right to act with respect to subsequent or similar failures. These Terms, which include the Privacy Policy, set forth the entire understanding and agreement between you and PlanYear with respect to the subject matter hereof. PlanYear reserves the right to seek all remedies available at law and in equity for violations of these Terms or special terms or rules set forth on the Site, including without limitation the right to block access from a particular internet address.
PlanYear may need to communicate with you from time to time regarding these Terms or the Site, Application, or Content. PlanYear may provide such notice to you via email to the email address you provided to PlanYear or on the Site and/or Application. If you have questions regarding these Terms or need to contact PlanYear, please see [www.planyear.com/contact] for contact information.
 
PlanYear may update the Terms and Conditions from time to time without notice to you. Your continued use of the Site and/or Application will constitute your acceptance of such updates.