Terms of Service

HOOP is offering a web-based platform to bring together members  and healthcare providers to empower members to make the best and cost-efficient healthcare decisions.  HOOP offers cost transparency and cost comparison tool for our members.   HOOP collects price information from participating providers and a national private payer claim database, maintained by a third party, non-profit organization.  HOOP organizes key information to explain pricing in healthcare and help patients make informed choices in their search for healthcare providers (collectively, “Providers”). Price transparency and cost comparison tools are offered to paid members only.

The HOOP provider information may include profiles, objective and subjective ratings,materials and other informative details about the Providers. The provider information will be furnished solely by providers directly or via HOOP assistance.

HOOP is provided to You by Healthcare Out Of Pocket LLC,. and/or any of its related, affiliated or subsidiary companies (collectively, “HOOP”), and the following Terms of Service governs Your access to and use of HOOP and HOOP provider information, including the profiles, objective and subjective ratings, feedback, comments, indexes, scorecards, materials and other informative details about the Healthcare Providers and any other content (collectively, “Content”) available on or through HOOP. For convenience, Healthcare Out Of Pocket is referred to hereinafter collectively as HOOP.

 

TERMS OF SERVICE

 

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SELECTING THE “I AGREE” BUTTON ASSOCIATED WITH THIS TERMS OF SERVICE OR BEFORE ACCESSING, USING OR BROWSING HOOP OR ANY OF THE CONTENT.

BY CLICKING ON “I AGREE,” OR BY ACCESSING, BROWSING OR USING HOOP OR ANY OF THE CONTENT, YOU, ON BEHALF OF YOURSELF OR YOUR ENTITY, AS APPLICABLE, ACKNOWLEDGE THAT:

YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE;

YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE;

THIS TERMS OF SERVICE IS THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU AND HOOP; AND

IF ACCESSING, BROWSING OR USING HOOP OR ANY OF THE CONTENT ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND YOUR ENTITY TO ALL OF THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE.

IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE PRECEDING AGREEMENT AND ACKNOWLEDGEMENT, THEN DO NOT SELECT THE “I AGREE” BUTTON ASSOCIATED WITH THIS TERMS OF SERVICE OR ACCESS, BROWSE OR USE HOOP OR ANY OF THE CONTENT. MOREOVER, HOOP DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE HOOP OR THE CONTENT WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE PRECEDING AGREEMENT AND ACKNOWLEDGEMENT.

 

Electronic Communications

When you visit HOOP or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Licence

You agree by accessing, browsing or otherwise using get hoop.com and the Content are and remain the sole property of HOOP or HOOP’s third party providers, as applicable. Except as expressly permitted by us in writing, You agree that Your license to access, browse and/or use this Content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view HOOP and the Content, and (ii) copy, download and store the Content (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content solely for Your non-commercial use and not for resale or distribution to anyone else. You also agree that, with respect to any copy of the Content that You download, store and/or print, You will reproduce and include all copyright and other proprietary notices included in such Content.

Except as expressly permitted by HOOP in this Terms of Service or otherwise in writing, You will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of this HOOP or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic. Further, You may not use any metatags, metaelements, “hidden text” or other equivalents using the names “Healthcare Out Of Pocket LLC.,” “HOOP”, www.getHOOP.com, “www.healthcareoutofpocket.com,” “HOOP provider information,” “HOOP account,” “HOOP privacy policy or any other colorable equivalent without the prior written permission of HOOP.

Submissions

All remarks, suggestions, ideas, graphics, feedback, concepts, comments, illustrations and other materials (other than information given in connection with registration) that are communicated by You (member) to HOOP through gethoop.com (together, the “Submissions”) will forever be the property of HOOP or any of its related, affiliated or subsidiary companies, and You waive all of Your rights, including but not limited to moral rights, therein if applicable. Accordingly, You hereby assign to HOOP without compensation or further obligation, all rights now known or hereafter existing in the Submissions.

Except as described in our Privacy Policy, HOOP or any of its related, affiliated or subsidiary companies will not be required to treat any Submissions as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future HOOP operations. Without limitation, HOOP will have exclusive ownership of all present and future existing rights to the Submissions of every kind and nature everywhere. Except as otherwise noted in this Terms of Service, HOOP will be entitled to use the Submissions for any commercial or other purpose whatsoever without compensation to You or any other person sending the Submissions.

Your Submission, including personally identifiable information, is voluntary and subject to the Privacy Policy. You are responsible for the content of the Submissions and agree to defend (at HOOP’s option and at Your sole expense), indemnify and hold HOOP harmless from any damages, losses, costs, or expenses, including attorneys’ fees, which HOOP companies may incur as a result of Your Submissions.

If You access, browse or use HOOP on a public computer or are otherwise use a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure You are sufficiently disconnected and logged off HOOP and the computer system You are using to prevent unauthorized Submissions or access to Your services account.

In addition, You agree that you are entirely responsible for any and all activities which occur under your account whether or not You are the individual who undertakes such activities. This includes any unauthorized access and/or use of Your account should You fail to sufficiently disconnect and/or log off HOOP and/or the public computer system. Accordingly, You absolve and release HOOP from any claim of harm resulting from a third party undertaking the activities.

HOOP and/or Healthcare Out Of Pocket retains the right to review, or delete from HOOP Site any Submission, which HOOP in its sole discretion considers illegal, offensive, faulty, suspicious or otherwise inappropriate or violates the terms and conditions of the Terms of Service.

User ID’s and Passwords

Access to certain areas of HOOP Site or the Content limited by a user identifier (“User ID”) and password, which are selected and/or supplied as part of the registering for a service account with of HOOP (the “HOOP account”). By registering, You (member) represent, warrant and covenant that: (i) You are at least 18 years of age; (ii) You are using Your actual identity; (iii) You have provided only true, accurate, current and complete information about Yourself during the registration process; and (iv) You will maintain and promptly update the information that You provide to keep it true, accurate, current and complete.

By logging onto HOOP using any password, You represent, warrant and covenant that You are authorized to use such password and to engage in the activities that You conduct thereunder. You agree that You will be solely responsible for the maintenance and security of Your User ID and password. You also agree that You will be solely responsible for any activities conducted on or through this HOOP. Your User ID and password are unique to You, and You agree not to disclose or share Your User ID and password with any third party.

HOOP reserves the right to deny or revoke access to HOOP, or any part thereof, at any time in our sole discretion, with or without cause. Your access to HOOP will terminate upon the termination of these Terms of Service for any reason.   By checking the “I accept these terms” button, you are becoming a member of HOOP.

Site Monitoring

HOOP may monitor or review any areas on gethoop.com where users transmit or post communications or communicate solely with each other for the purpose of promoting its efficiency, usefulness and appropriateness of use. However, HOOP does not undertake to monitor or review every posting or communication, and HOOP disclaims any liability related to the content of any such postings and communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.

While HOOP may monitor the content of the communications from time to time, HOOP does not endorse, support, sanction, encourage, verify, or necessarily agree with the comments, opinions, or statements posted. Any information or material placed online, including advice and opinions, are solely the views and responsibility of those posting such statements, and do not necessarily represent the views of HOOP. HOOP, in its sole discretion, reserves all rights to discontinue this service generally or to any user at any time.

HOOP may disclose any records, electronic communications, information, materials or other content of any kind (i) if HOOP believes in good faith that the law or legal process requires it; (ii) if such disclosure is necessary or appropriate to operate HOOP; or (iii) to protect our rights or property or the rights or property of our users and business partners. However, we are not responsible for screening, policing, editing or monitoring HOOP.

Service Descriptions

HOOP attempts to be as accurate as possible. However, HOOP does not warrant that any descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If the service offered by HOOP itself is not as described, your sole remedy is to request a refund of fees paid to HOOP.

Provider Prices

Except where noted otherwise, provider cash price and HOOP cash price displayed for provider services on our website represents the full price for the service if paid in full at the point of services as submitted to us from the provider.   Despite our best efforts, a small number of pricing errors may occur.  If you are charged a different fee than the cash price listed, please write to us at team@gethoop.com with a copy of a coupon, so that we can contact the provider.

All other prices, including provider charges are collected from  cms and may not be accurate.  They serve as a guide for estimation of prices and out of pocket expenses, when no other information is available.   HOOP is using custom formulations and assumption to calculate estimated prices for its members and is not responsible for the discrepancies in estimated and actual amounts.  Members are encouraged to ask providers and/or their health plans to determine an actual price and out of pocket expenses at a particular provider for a service.

Please note that this policy applies only to services listed by HOOP. Additional services from providers may have different policies.

Membership Fees

Membership Fees are valid at the time of purchase for all memberships and can be changed any time at the discretion of HOOP.   Once purchased, membership will be valid for the time stated on the membership product.   Memberships will auto-renew after expiration, unless You cancel subscription on your account page, and Your card will be charged automatically. HOOP does not issue refunds for unused membership time after cancelation.

Other Businesses

Parties other than HOOP may provide services, or sell product lines on this site from time to time. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. HOOP does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Privacy Policy

The privacy of your personal information is paramount. We may only use information you provide as permitted by the HOOP privacy policy, your sharing authorizations, and applicable law. If you create, transmit, or display health and wellness or other information while using HOOP, you may only do so with information that you own or have the right to use.

When you provide your information through HOOP, you give HOOP a license to use and distribute it in connection with HOOP and other HOOP services. However, HOOP may only use health information you provide as permitted by the HOOP Privacy Policy, your Sharing Authorization, and applicable law. HOOP is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder (“HIPAA”). As a result, HIPAA does not apply to the transmission of health information by HOOP to any third party.

Email and short message service (SMS) communications to and from HOOP are not encrypted and this information is not secured. It is possible for these communications to be intercepted or accessed without your authorization, and by using HOOP, you hereby release HOOP from any liability arising from or related to any such unauthorized access.

HOOP recognizes the importance of protecting the privacy of visitors to HOOP.  Any changes to the privacy policy will be communicated on Privacy Policy page.

Copyright

Gethoop.com and the Content contained and referenced therein are for informational purposes only. Any reproduction, retransmission or other use is strictly prohibited, except as otherwise provided by this Terms of Service. Requests for permission to reproduce any of the prohibited Content should be addressed by sending an e-mail to team@gethoop.com, or writing to Healthcare Out Of Pocket, LLC, 11806 N Pennsylvania St, Carmel, IN 46032.

Trademark

“HOOP” is a trademark of Healthcare Out Of Pocket, LLC, and except as provided in this Terms of Service, HOOP does not grant You any rights thereunder. As such, HOOP may not be used in any manner inconsistent with the provisions of this Terms of Service, without the prior written permission of HOOP.

All other trademarks, service marks, domain names, logos, and company names (collectively “Other Trademarks”) referred to on HOOP are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of HOOP or its affiliates, providers or licensors. In countries where any of the HOOP trademarks, service marks, domain names, logos and company names is not registered, HOOP claims other rights associated with unregistered trademarks, service marks, domain names, logos, and company names. Other product or company names referred to on HOOP may be trademarks of their respective owners.

HOOP does not grant to You any rights under any of the Other Trademarks, and You agree that You may not use any of the Other Trademarks without permission from the owner of such Other Trademark. With respect to the Other Trademarks owned by HOOP, You may contact HOOP by sending an e-mail to team@gethoop.com, or writing to Healthcare Out Of Pocket, LLC, 11805 N Pennsylvania St, Carmel, IN 46032 to request written permission to use the trademarks for purposes other than stated in this Terms of Service or for all other questions relating to HOOP.

Reviews, Comments, Communications, and Other Content

Visitors may be able in the future to post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. HOOP reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant HOOP a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant HOOP and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify HOOP for all claims resulting from content you supply. HOOP has the right but not the obligation to monitor and edit or remove any activity or content. HOOP takes no responsibility and assumes no liability for any content posted by you or any third party.

Other Intellectual and Property Rights

All right, title and interest in and to the Content, including without limitation the graphical display and arrangement of HOOP and the Content, and all intellectual property rights embodied therein, are the property of HOOP or our providers, licensors, suppliers or affiliates.

Without limiting the foregoing, with respect to the databases (“Databases”) used to store the Content and Submissions, You agree and acknowledge that:

the Content, Submissions, Databases and any other information contained therein shall remain valuable intellectual property owned by, or licensed to HOOP, and that no proprietary rights are being transferred to You in such materials or in any of the Content contained therein;

You will not, directly or indirectly, use any of the Content, Submissions, Databases and any other information contained therein for any purposes other than Your personal, non-commercial evaluation of Heath Care Providers;

You will not, directly or indirectly, use the Content, Submissions, Databases and any other information contained therein to compile mailing lists or other lists of Healthcare Providers for commercial purposes;

You will not, directly or indirectly, use the Content, Submissions, Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;

You will not, directly or indirectly, use the Content, Submissions, Databases and any other information contained therein in violation of any applicable laws or regulations,

the rating system and methodology, and ratings of individual providers, are the property of HOOP and may not be reproduced in any manner without our prior written permission. You shall not publish or distribute in any medium Content, Submissions, Databases, any other information contained therein, and/or summaries or subsets thereof to any person or entity;

the rating system and methodology, and ratings of individual providers, are the property of HOOP and may not be reproduced in any manner without our prior written permission;

misappropriation or misuse of the Content, Submissions, Databases and any other information contained therein will cause serious damage to HOOP and that in such event money damages may not constitute sufficient compensation to HOOP; consequently; and

in the event of any misappropriation or misuse, HOOP shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which HOOP may be entitled.

In addition, You acknowledge that the Content, Submissions, Databases and any other information contained therein are protected by law, including, but not limited to, United States and international copyright law and trademark law, as well as other state, federal, and international laws and regulations, including contract law, and laws pertaining to privacy and publicity.

Notice of Enforcement

HOOP vigorously enforces our intellectual property rights to the fullest extent of the law. Accordingly, HOOP will prosecute any unauthorized use or reproduction of any of the Content, Submissions, Databases and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.

No Medical Advise

Use of HOOP does not create a doctor-patient relationship nor does HOOP offer medical advice. Any content accessed (“Content”) or services (“Services”) through HOOP is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects.

HOOP is not a referral service and does not recommend or endorse any particular Healthcare Provider. Rather, HOOP is only a “conduit” or intermediary that provides the aforementioned Content regarding Healthcare Providers. The content on the web site is presented in summary form, is general in nature, and is provided for informational purposes only. HOOP and Healthcare Out Of Pocket, LLC  do not offer advice regarding the quality or suitability of any particular Healthcare Provider for any condition, including specific treatments or health conditions. No information on HOOP should be construed as medical and/or health advice.

HOOP and the Content include statements of opinion and not statements of fact or recommendations to utilize the services of any specific Healthcare Provider. You should obtain any additional information necessary to make an informed decision prior to selecting and using any specific Healthcare Provider.

Always seek the advice of Your provider or other qualified Healthcare Provider for answers to any questions You may have regarding a medical condition. Neither the content nor any other service offered by or through HOOP is intended to be relied upon for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something You have read on the web site.

You agree to assume all responsibility in connection with choosing any Healthcare Provider, whether or not You obtained information about such Healthcare Provider on or through gethoop.com.  HOOP does not assume responsibility or liability for any advice, treatment or other services rendered by any Healthcare Provider, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services.

Never disregard professional medical advice or delay seeking it because of something you have read on HOOP!   If you think you may have a medical emergency, call 911 or your doctor immediately.

Links

At certain places on get hoop.com, live “links” to other Internet addresses can be accessed. Such external Internet addresses contain information created, published, maintained, or otherwise posted by organizations independent of HOOP. HOOP does not endorse, approve, certify, maintain, or control these external Internet addresses and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. HOOP provides the links only as a convenience. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Neither the inclusion of the link in HOOP nor reference therein to any specific commercial product, process, or service by trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or favoring by HOOP.

There may be circumstances where access to HOOP is provided by a hypertext link located at another website. HOOP has no responsibility for the content of such other website, HOOP does not make any representations or give any warranties or conditions with respect to any information contained in or at such other website and HOOP shall not be liable for any damages or injury arising from the content of or access to such other website. HOOP does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to HOOP. Unless approved in writing in advance by HOOP, You agree not to: (a) provide or create a link to HOOP; or (b) create any frames at any other sites pertaining to any of the Content located at HOOP. You also agree not to post any materials at HOOP without the express written permission of HOOP.

DISCLAIMERS

HOOP AND THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. HOOP MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. GETHOOP.COM AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. HOOP DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, THE CONTENT, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH HOOP.

HOOP DOES NOT REPRESENT OR WARRANT THE AVAILABILITY OF THE SITE, THAT GETOHOOP.COM AND YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT HOOP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HOOP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF ITS SITE AND/OR THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE. YOU (AND NOT HOOP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN ADDITION TO THE FOREGOING, YOU AGREE THAT YOUR USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK.

HOOP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT GETHOOP.COM OR ANY OF THE CONTENT WILL ASSIST YOU IN IDENTIFYING A SUITABLE HEALTHCARE PROVIDER OR FOR ANY OTHER PURPOSE. HOOP DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO ANY AGREEMENTS YOU MAY MAKE WITH HEALTHCARE PROVIDERS OR WITH THIRD PARTIES WHO OFFER PRODUCTS OR SERVICES ON OR THROUGH THIS SITE, AND YOU AGREE TO LOOK SOLELY TO SUCH HEALTHCARE PROVIDERS AND THIRD PARTIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR SUCH PRODUCTS OR SERVICES.

LIMITATIONS ON LIABILITY

HOOP WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF OUR SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. HOOP WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, GETHOOP.COM AND THE CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH GETHOOP.COM, EVEN IF THERE IS NEGLIGENCE BY HOOP OR BY AN AUTHORIZED HOOP REPRESENTATIVE, OR AN AUTHORIZED HOOP REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. HOOP’S TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO HOOP, IF ANY, TO ACCESS GETHOOP.COM.

You acknowledge that we are not a traditional market. Instead, our site is a venue to allow providers to offer and for paid members to have access to provider offers.  We are not involved in the actual transaction between providers and members. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety, or legality of provider services advertised.  For certain services, printing of a coupon initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s service.

We cannot guarantee continuous or secure access to our sites, services, or tools, and operation of our sites, services, or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services, and tools.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees (under HOOP Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $50.

Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:

 

YOUR USE OF GETHOOP.COM AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE;

ANY ARRANGEMENTS YOU MAKE BASED ON THE CONTENT OBTAINED ON OR THROUGH HOOP SITE;

ANY BREACH BY YOU OF THIS TERMS OF SERVICE; AND

ANY ACTIVITY RELATED TO YOUR SERVICE ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR HOOP ACCOUNT.

 

Release for Force Majeure

You absolve and release HOOP and our affiliates from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

Access and Interference

The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to HOOP by our users or third parties. You agree that you will not use any robot, spider, scraper, or other automated means to access the sites for any purpose without our express handwritten permission.

Additionally, you agree that you will not:

take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of HOOP and the appropriate third party, as applicable;

interfere or attempt to interfere with the proper working of the sites, services, or tools, or any activities conducted on or with the sites, services, or tools; or

bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

Term and Termination

This Terms of Service will take effect at the time You click “I Agree” or access, browse or use HOOP or any of the Content, and continues in perpetuity unless terminated by You and/or HOOP. HOOP reserves the right, at any time and for any reason, without notice to You, (i) to deny You access to HOOP and any of the Content; (ii) to change, remove or discontinue any of the Content or services available on or through the site; or (iii) to terminate this Terms of Service.

You may terminate this agreement at any time by destroying: (a) all of the Content obtained from HOOP, including, without limitation, permanently deleting all of the Content from any computer and/or media; and (b) all related documentation and all copies and installations, if any. In addition, and upon HOOP’s request, You agree to certify in writing that all of the Content has been destroyed. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions of this Agreement which by their nature are intended to survive will survive the termination or expiration of this Agreement for any reason.

Notices

Any notice or other document or communication required or permitted hereunder to HOOP will be deemed to have been duly given only if in writing and delivered by any of the following methods:

certified U.S. mail, return receipt requested, postage prepaid, to Healthcare Out Of Pocket, LLC, 11805 N Pennsylvania St, Carmel, IN 46032 or

sent by email to team@gethoop.com

Any notice or other document or communication required or permitted hereunder to You will be sent to the e-mail address that You provide to us when You register. Such notice will be deemed received by You the next business day after the e-mail is sent.

Should You elect to send or receive e-mail communications of any kind to HOOP, You represent and warrant to HOOP that Your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.

Jurisdiction and Compliance with Laws

Except as described otherwise, HOOP controls and operates getHOOP.com from the United States of America and makes no representation that the Content are appropriate or available for use in other locations. If You use HOOP from other locations, You are responsible for compliance with applicable local laws including, without limitation, all export laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to anyone in the US Treasury Department’s Specially Designated national list, or (c) to anyone on the US Commerce Department’s Table of Denial Orders. If You download or use the Content You represent and warrant that You are not located in, or under the control of, or a national or resident of any such country or on any such list.

Access, browsing and use of HOOP, the Content and the terms and conditions of the Terms of Service are governed by U.S. federal law and/or the laws of the State of Indiana, excluding any conflict of laws provisions that would refer to and apply the substantive laws of another jurisdiction.

SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF INDIANA, U.S.A., YOU AND HOOP AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.

Arbitration

Any controversy or dispute between You and HOOP (the “parties”) concerning HOOP or the Content shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in Indianapolis, Indiana. Each of the parties shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party’s right to compel arbitration.

Waiver

No delay or omission by HOOP to exercise any right occurring upon any noncompliance on Your part with respect to any of the terms of this Terms of Service will impair any such right or power or be construed to be a waiver thereof. Any waiver by HOOP of any of the covenants, conditions or agreements to be performed by You will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.

Severability

If any portion of this Terms of Service is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.

Independent Contractor

HOOP is an independent contractor; nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between You and HOOP.

Continued Use Deemed Acceptance

HOOP reserves the right, at its sole discretion, to change, alter, amend or otherwise modify this Terms of Service from time to time. After any such modification becomes effective, HOOP will deem Your continued use of HOOP or any of the Content to constitute Your acceptance of and agreement to such modification.

Entire Agreement

This Terms of Service constitutes the entire agreement between You and HOOP with respect to Your use of HOOP and the Content, and supersedes any and all prior understandings or agreements between You and HOOP, whether written or oral. You acknowledge that, in providing You access to and use of get hoop.com and the Content, HOOP has relied on Your acceptance of this Terms of Service.

The information contained in this web site is subject to change without notice. Updated on October 6th 2013