Wellfleet Websites and Portal

TERMS OF USE

Thank you for visiting Wellfleet!  These Terms of Use (the “Terms”) apply to all websites operated and controlled by Wellfleet Group, LLC, Wellfleet Insurance Company, and Wellfleet New York Insurance Company (collectively “Wellfleet,” “we,” “our,” or “us”).  

The services we provided to members (“you” or “your”) through our websites include interacting with Wellfleet for services related to your plan, or benefits under your plan, and for certain plan types the ability to submit claims and check on the status of the claims you have submitted  through our proprietary online systems and mobile applications (collectively, the “portal”).

It is important that you understand your obligations and rights when visiting our websites and utilizing our portal.  These terms govern the use of the site and the portal.   Please review these terms carefully.   We may modify these Terms at any time by posting new versions of these Terms in our Legal Notices.  Your continued use of this portal after new Terms have been posted will be your acceptance of the revised/updated Terms. 

Any product on our websites or portal, and any third-party product on our websites or portal are made available “as-is” without warranty of any kind, whether expressed, implied or statutory.  All such warranties pertaining to these Terms and the use of the website and portal are disclaimed by Wellfleet to the fullest extent possible under applicable law.  The content on our websites or portal is provided for informational purposes only. The content is not intended in any way to be a substitute for professional legal, tax, financial or accounting advice and should not be interpreted as such. Seek the advice of a professional advisor or other qualified provider with any questions you may have regarding legal, tax, financial, or other matters. You acknowledge and agree that any reliance on any content on our websites or portal is at your sole risk.

Your use of this website and portal warrants that you have the capacity to enter into agreement with these Terms and constitutes your acceptance of and agreement to be bound by such Terms.  If you are using our websites or portal on behalf of another member or beneficiary, then you represent that you have the legal authority to bind such member or beneficiary to these Terms. 

Limitation on Liability

To the fullest extent permitted by applicable law, in no event shall the total liability of Wellfleet, its affiliates, employees, and representatives for all damages, losses, and causes of action exceed the amount paid by you, if any, to access our websites or Portal.  Wellfleet, its affiliates, employees, or representatives shall not be liable to any party for any direct, indirect, special or other consequential damages arising out of or in connection with your use of the Wellfleet website(s)  or portal, or any other hyper-linked website or software application (including mobile applications), including, without limitation, any lost profits, business interruption, loss of security of submissions (including unauthorized interception by third parties of any submissions), loss of programs or data on your equipment, or otherwise, even if we are expressly advised of the possibility or likelihood of such damages.   Without limiting the foregoing, Wellfleet will not be liable for damages of any kind resulting from your use, or inability to use, any Wellfleet website or Portal.  Your sole and exclusive remedy for dissatisfaction with the Wellfleet website or Portal is for you to stop using the website or Portal.  Wellfleet also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer hardware or software or other property, as a direct or indirect result of your access to our websites or Portal.  In no event shall the maximum aggregate liability of Wellfleet, its affiliates, employees, and representatives for any and all damages, losses, and causes of action, whether in contract, tort (including negligence) or otherwise stemming from your use of the website or Portal be greater than twenty-five U.S. dollars ($25.00). 

Certain jurisdictions may not allow for limitations on certain warranties, or exclusion or limitation of certain damages.  If such a law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you; in such cases the remaining provisions not prohibited by the jurisdiction will remain unimpaired.

Privacy

Information collected during your visit to a Wellfleet website or through the use of the portal is subject to Wellfleet’s Privacy Policies.

Website and Portal Function are not Sales or Marketing

Information provided on our websites and portal are informational and are not intended to constitute an offer to sell or solicit products or services. 

Governing Law and Jurisdiction

These Terms are governed by the laws of the Commonwealth of Massachusetts.  You consent to the jurisdiction of the federal and state courts presiding in Springfield, Massachusetts, and irrevocably agree to accept service of process by mail, and hereby waive any and all jurisdictional and defense otherwise available. 

This site is intended solely for visitors within the United States. 

Third-Party Websites

Wellfleet does not control, endorse, promote or have any affiliation with any non-Wellfleet (“third-party”) website, mobile app, or software application (“third-party sites”).  As such, Wellfleet is not responsible for the content or services of any third-party sites, even those that Wellfleet refers to, or those that refer to Wellfleet, such as third-party websites that provide a hyperlink to Wellfleet websites or to the portal. 

Your use of such third-party sites is subject to any additional terms, conditions and policies of those third-parties. 

Proprietary Rights

Use of this portal does not grant you any intellectual property rights to the websites, the portal or the software we use or you use, including any rights to use any trademarks of Wellfleet, without the express written consent of Wellfleet.  Everything that you read or see on the websites or the portal is copyrighted or otherwise protected and owned by us or a third party who licensed to us the right to use such material. Unless otherwise expressly noted, nothing that you read or see on the websites or the portal may be copied or used except as provided in these Terms or with our prior written approval. We grant you permission to print individual pages from the websites or portal, unless otherwise expressly noted, for your own personal, non-commercial use in learning about our products and services. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter, modify or create derivative works of these materials. This grant of permission is not a transfer of title, and under this permission you may not:

• use the materials for any commercial purpose, or for any public display, on any platform (commercial or non-commercial);
• remove any copyright, trademark or other proprietary notations from the materials; or
• transfer the materials to another person or “mirror” the materials on any other server.

Unless otherwise indicated, all logos, names and marks on the websites or portal are trademarks or service marks owned or used under license by us. The use or misuse of any of these marks or other information is strictly prohibited.

Use of the Wellfleet Portal

Registration

You will need to register with Wellfleet and accept these Terms in order to utilize the portal.  Your credentials (your username and password) are for your use only – – you are responsible for keeping your credential secure.  Please immediately notify Wellfleet if you discover or suspect another person has acquired your credentials.  You accept responsibility for all activities that occur under your credentials and such activities shall be deemed to be undertaken by you. You will ensure that all use of your account fully complies with these Terms. Transfer of the account by you to any other person or entity is prohibited. To the extent that you allow others, such as your employees or agents, to use your account, you are solely responsible for the actions of such users. You agree to promptly notify us in writing when a user is no longer authorized to use the portal on your behalf. You agree to release, indemnify and hold harmless Wellfleet, its affiliates, employees, and representatives from and against any suit, claim, liability, loss or damage, including but not limited to, reasonable attorneys’ fees related to your or your user’s use of the portal and your account.

Access to this portal requires multi-factor authentication.  For that reason, it is important that you provide us with correct information upon registration as this information will be used again when you return to the website at a later time. 

Submissions

You represent and warrant that the information you submit to us through this portal, including any information relating to a claim, is truthful, accurate and complete.  If you submit any information to us, including any comments, remarks, suggestions, ideas, notes, concepts, or other information, you are giving that information, and all your rights in it, to us free of charge, and that information will be treated as non-confidential and non-proprietary and may be used by us for any purpose, without your consent or any compensation to you or anyone else. This is true whether you submit such information to us by e-mail, through a form on the portal, or in any other manner.

You agree not to submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law, regulation, or rule. You agree that any material you submit does not violate the intellectual property rights of any third party. You are solely responsible for any material you submit to the portal. You further agree not to upload, e-mail, post or transmit to, or distribute or otherwise publish through the portal any material which disrupts the normal operation of the portal, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other user from using the portal.

Investigations

Wellfleet reserves the right to investigate suspected violations of these Terms and inappropriate use of the portal.  If Wellfleet believes a violation has occurred, it may suspend or terminate an account, or take other corrective action as we deem appropriate.  Wellfleet will fully cooperate with law enforcement activity or court order requesting or directing Wellfleet to divulge the identify of anyone suspected of violating these Terms or misusing the portal.  By accepting these Terms, you waive and hold harmless Wellfleet from any claims resulting from and action taken during or as a result of an investigation. 

Termination

Wellfleet may suspend or terminate your access to the portal at any time without prior notice, including if Wellfleet believes that you have violated these Terms.  Upon such termination or suspension, your right to use the portal will cease, and Wellfleet may, without liability to you or to any third-party, immediately deactivate  or delete your user name, password and account, and all associated materials, without any further obligation to provide any further internet-based access to such materials. 

Contacting Wellfleet

If you have any questions about these Terms, please reach out to us through the Contact us page or by postal mail at:

Privacy Officer

Wellfleet Group, LLC

P.O. Box 15369

Springfield, MA 01115

Please note that any email you send to us is likely to not be encrypted while in transit and may be viewable by other internet users or service providers.  Please DO NOT send us an email containing information that is considered confidential such as passwords, account numbers, claims information or other information you would not wish to share with an unknown third-party.  If you wish, you may contact us via Members Services toll-free number found on the Contact us page. 

Notice of California Users

As per California Civil Code Section 1789.3, California users of the website or portal are entitled to the following specific consumer rights notice:  the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at 916-445-1254.