Shown below are the current HealthSaver Terms and Conditions. Please refer to your membership kit for specific terms and conditions applicable to your membership.
AGREEMENT ("Agreement" or "Terms") made between Trilegiant Corporation ("Trilegiant"), a Delaware corporation with offices at 6 High Ridge Park, Stamford, Connecticut 06905, providing a service called HealthSaver ("HS"), and the person specified on the accompanying HealthSaver membership card ("you"). By enrolling in HS, you agree to be bound by these Terms.
1. SERVICE - (a) During your HS membership, Trilegiant will secure discounts for you from participating providers for certain health-related products and services, including dental care (not available in Alaska, South Dakota and Wyoming), vision and hearing care, and prescription drugs. A more detailed description of the products and services available to you as a HS member, including the discounts provided on such products and services, is contained in your Membership Handbook. Members will have access to such products and services without any waiting or notification periods other than for hospital discounts, if included in your HS program. (b) To use the HS program, you should (i) visit www.HealthSaver.com to find a participating provider near you; (ii) print out your discount confirmation; and (iii) at the time of payment, show your discount confirmation and member card to receive your discount. HS will make available to you at all times during your membership through a toll free number, on-line, or in writing upon request the name, specialty, location and telephone number of all participating providers. You can contact our Customer Care Center (Monday-Friday, 9 a.m. to 8 p.m., Eastern) at 1-800-7-HEALTH (743-2584) toll-free, visit us online at www.HealthSaver.com, or write to us at HealthSaver, P.O. Box 41276, Nashville, TN 37204. (c) For each service listed on the HS Web site, you will receive savings at least equal to the minimum discount percentage advertised as long as you follow the discount confirmation procedure outlined on the HS Web site or provided by our Customer Care Center. If you follow the discount confirmation procedure and do not receive at least the minimum discount to which you are entitled, contact Customer Care at 1-800-7-HEALTH (743-2584) toll-free. You will receive a refund equal to the difference between what you paid and what you should have paid had the minimum discount been applied. Typical savings examples shown in the Membership Handbook and HS Web site are examples only. Fees for services vary by region, provider and service rendered. Prices and fees are subject to change without notice. The minimum discount guarantee described above does not apply to pharmacy discounts, long-term care, behavioral health facilities, or hospital visits, if included in your HS program. (d) Trilegiant reserves the right to change or modify the terms and conditions of this Agreement at any time and without notice, and you agree to comply with such changes or modifications. Trilegiant may cancel this Agreement upon written notice and refund to you the current term's membership fee unless the reason for such cancellation is your failure to pay or your misuse of the HS service. (e) You agree that Trilegiant shall not be deemed a merchant, vendor, or supplier of any product or service provided to you by participating providers in the HS program.
2. WHO MAY USE - (a) You and your immediate family, which includes your spouse and your dependent children (if living at your home or away at an educational institution), are entitled to use the HS program. (b) To add additional family members who are eligible for the HS program, call Customer Care. (c) You will be responsible for all use of your membership number and must notify HS immediately of any unauthorized use of your membership number, or the theft or misplacement of your membership card.
3. LIABILITY - (a) Trilegiant is not engaged in the practice of medicine. Participating health care professionals are solely responsible for all services provided to consumers, and the traditional relationship between practitioner and patient shall in no way be affected or interfered with by Trilegiant or any terms of this Agreement. Trilegiant does not endorse, recommend or guarantee the health care professionals listed on the HS Web site and makes no representations or warranties about the type of services, quality of care, source of payment or billing practices of such practitioners. Information available through the HS program is not intended to constitute offers to sell or solicitations in connection with any health care professional or product. Information presented is general in nature and is not meant to replace the advice of health care professionals. You agree that you assume all risk associated with the use of the HS program and that any decisions made about a health care professional or obtaining care are exclusively your responsibility. Although Trilegiant makes due efforts to confirm that HS participating health care professionals are credentialed, Trilegiant cannot guarantee the credentials of any participating health care professional. We strongly recommend that you confirm that a provider is currently participating in the HS program before you receive any services from that provider. Members must pay the provider directly at the time of service unless otherwise agreed upon between provider and member. (b) TRILEGIANT AND ITS AFFILIATES SHALL HAVE NO LIABILITY TO YOU, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR THOSE SERVICES SUPPLIED BY PARTICIPATING PROVIDERS, MERCHANTS, VENDORS, OR SUPPLIERS AND/OR THEIR PARTICIPATION IN THE HS PROGRAM. TRILEGIANT MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD OR INFORMATION DELIVERED OR PROVIDED TO YOU, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND TRILEGIANT AND ITS AFFILIATES SHALL, UNDER NO CIRCUMSTANCES, BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. TRILEGIANT AND ITS AFFILIATES' AGGREGATE LIABILITY TO YOU SHALL IN NO EVENT EXCEED THE AMOUNT OF YOUR HS MEMBERSHIP FEE. (c) Trilegiant reserves the right to eliminate providers, merchants, vendors, and suppliers from the HS program and to provide notification to you of these deletions through the Customer Service toll-free number set forth herein or via the HS web site at www.HealthSaver.com. In the event such goods or services are not available to you, Trilegiant is not responsible for any refund to you due to provider, merchant, vendor, or supplier closure, discontinuance with the HS program, or restrictions. (d) The terms of this Section 3 shall survive any termination, cancellation, or expiration of this Agreement.
4. GOVERNING LAW - This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Connecticut. The terms of this Section shall survive any termination, cancellation or expiration of this Agreement.
5. ARBITRATION - You and Trilegiant agree that any claim or dispute ("Claim") between us shall, at the election of either of us, be resolved by binding arbitration administered by the American Arbitration Association under its rules for consumer arbitrations. It is the parties' intent that this arbitration provision be construed broadly, including that this arbitration agreement include any Claims against Trilegiant as well as its corporate affiliates. You agree that, by entering into this Agreement, you and Trilegiant are each waiving the right to a trial by jury or to participate in a class action. At your request, we will pay the first $125 of your arbitration fees. You will be solely responsible for your arbitration fees and costs in excess of $125. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual Claim. YOU AND TRILEGIANT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Trilegiant agree otherwise, the arbitrator may not consolidate more than one person's Claims, and may not otherwise preside over any form of a representative or class proceeding. If the specific provision in the preceding sentence is found to be unenforceable, then the entirety of this arbitration provision in this Section 5 shall be null and void. Notwithstanding any of the foregoing provisions, either party may bring an individual action in small claims court. The parties to this Agreement acknowledge that this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"). Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow substantive law to the extent consistent with the FAA and shall honor any claims or privileges recognized by law. The terms of this section shall survive any termination, cancellation or expiration of this Agreement.
6. MEMBERSHIP FEE - Your membership begins on the date you receive your membership materials. For your convenience, at the end of your 30-day trial period the current membership fee will be automatically billed to your designated billing source, selected at the time of enrollment, unless you call to cancel during your trial. You may not change your designated billing source without Trilegiant's prior consent. All requests to change billing sources shall be made by calling 1-800-7-HEALTH.
7. RENEWALS - Unless you notify Trilegiant that you do not wish to renew your membership, Trilegiant will automatically renew your HS membership at the end of each month and bill the then-current renewal fee to your designated billing source. You will be notified of any price increase and may cancel your membership if You do not want to continue to be billed at the new price.
8. RIGHT TO CANCEL MEMBERSHIP - (a) You have the right to cancel this Agreement at any time. You may cancel this Agreement by calling 1-800-7-HEALTH or by writing to HealthSaver, P.O. Box 41276, Nashville, TN 37204, Attention: Membership Department. Cancel this Agreement during your 30-day trial, and you will owe nothing; at anytime thereafter, you will owe nothing further. The trial fee, if applicable, is not refundable except in Arkansas, Colorado, and Tennessee. If you cancel this Agreement during your 30-day trial, you will owe nothing. If you cancel on the 31st day or later after delivery of your membership materials, you will not receive a refund; however, you will be able to use the HS Program until the end of the month for which you have paid. You are not obligated to make any further payments nor entitled to receive benefits after the last month for which payment has been made. If Trilegiant determines it is unable to bill the membership fee due hereunder to your designated billing source, Trilegiant shall have the right to terminate this Agreement in which event you will no longer have access to any of the HS Program benefits. In addition to Trilegiant's termination rights set forth above, Trilegiant may elect in its sole discretion to keep this Agreement in effect, but suspend your access to all of the HS Program benefits until such time (if any) as Trilegiant is able to bill the membership fee due hereunder to your designated billing source.
9. COMPLAINTS - Members may file complaints about the availability of discounts or services, or other matters relating to HS. HS will acknowledge a complaint in writing within 5 business days, will investigate the claim and will provide you with the results of our investigation no later than the 30th calendar day after HS receives the complaint. Complaints should be directed as follows: in writing to HealthSaver, P.O. Box 41276, Nashville, TN 37204; by phone to 1-800-7-HEALTH; and by e-mail at email@example.com. If the member remains dissatisfied after completing our complaint process, such member may contact the insurance department of such member's state.
10. ELECTRONIC COMMUNICATIONS -Trilegiant, at its option, may communicate with you regarding the HS Program by mail, by telephone or by electronic communications. Trilegiant may communicate with you electronically by means of electronic mail to the e-mail address you provide when you sign up for the HS program and/or postings to the HS program's website. Trilegiant may communicate electronically to you the following types of communications: Membership Terms and Conditions (including any amendments thereto), notices or disclosures regarding the HS program, payment and billing authorizations, and other matters relating to your use of the HS Program.
You may contact Trilegiant at the telephone number and address listed above to request another electronic copy of an electronic communication without a fee. You may also request a paper copy of the terms of the payment authorization without a fee. You may contact Trilegiant at the same telephone number or e-mail address listed above to update your contact information or to withdraw your consent to receive electronic communications. Trilegiant reserves the right to terminate your use of the HS program if you decline or withdraw your consent to receive electronic communications from Trilegian.
You will need the following software and hardware to access electronic communications sent to you by Trilegiant as part of your HS membership: IBM or MAC compatible computer, Internet access, a working e-mail address, and Internet Browser (Internet Explorer version 5.2 or a later version). To retain copies of electronic communications, you must print a copy using a printer attached to your computer, or save an electronic copy to your computer's disk or other storage device.
The HealthSaver program is provided by Trilegiant Corporation, a discount medical plan organization located at 6 High Ridge Park, Stamford, CT 06905. The HS program is NOT insurance and does not meet the minimum creditable coverage requirements under M.G.L. c. 111M and 956 CMR 5.00. HS provides discounts at certain providers for medical services, prescription drugs, pharmaceutical supplies and medical equipment. HS does not make payments directly to the providers of medical services, prescription drugs, pharmaceutical supplies and medical equipment. The program member is obligated to pay for all medical services, prescription drugs, pharmaceutical supplies and medical equipment at the time of service, but will receive a discount from those providers who have contracted with the discount medical plan organization. The discounts are available only at participating providers. Discount varies based on services and/or providers. The program and its administrators have no liability for providing or guaranteeing service or the quality of service rendered. HS is not a Medicare prescription drug plan.
Note to California residents: Dependent children includes all unmarried children from birth through 20 years of age, or through age 22 if the dependent child is attending an educational institution, or a child of 21 years of age or over who is both (a) incapable of self-sustaining employment by reason of mental retardation or physical handicap and (b) chiefly dependent upon the member for support and maintenance.
Note to South Carolina residents: As a HS member, you have 30 days after receiving your membership materials to cancel the service and receive a full refund. (b) If Trilegiant determines it is unable to bill the membership fee due hereunder to your designated billing source, Trilegiant shall have the right to terminate this Agreement in which event you will no longer have access to the HS program. In addition to Trilegiant's termination rights set forth above, Trilegiant may elect in its sole discretion to keep this Agreement in effect, but suspend your access to the HS program until such time (if any) as Trilegiant is able to bill the membership fee due hereunder to your designated billing source.
Note to Utah residents: This contract is not protected by the Utah Life and Health Guaranty Association.
Pharmacy discount is available only at participating pharmacies. Discounts not available where prohibited by law.
HealthSaver is a service provided by Trilegiant Corporation, which may modify or improve any part of the service at any time and without prior notice. HealthSaver is a registered service mark of Affinion Publishing, LLC.
© 2012, Trilegiant Corporation
Who We Are
Collection of Personal and Non-Personal Information
We may also request non-personally identifiable information ("Demographic Information"), such as annual income, buying preferences, or your age. This information is maintained anonymously, so we have information about everyone as a group who answered the questions, rather than information about a single individual's responses. Providing this Demographic Information is optional.
We may use Demographic Information to improve and enhance your experience on the HealthSaver.com Web site. For example, we may use certain preferences you provide to tailor your experience at our site, such as showing you content and sending you notices concerning merchandise and services that may interest you.
We may share information relating to your transactions with us or our experience with you, with our affiliates (including those existing currently or in the future). We will not share any Personal Information with our affiliates for purposes of marketing their products and services unless we are otherwise permitted to do so by law.
From time to time, unless we are restricted by applicable contract, we may also share your information relating to your transactions with us or our experience with you with trustworthy unaffiliated third parties, who offer products or services that we feel may be of interest to you.
We may also share Demographic Information with unaffiliated third parties, such as advertisers interested in advertising on the HealthSaver.com Web site, in an aggregate, anonymous form, which means that the shared information will not contain nor be linked to any personally identifiable information about you or any other person.
Opting Out of Sharing of Personal Information; Choice With Respect to Receiving Marketing Emails
For offline unsubscribe assistance, please contact us at: Trilegiant, Address: Trilegiant, 6 High Ridge Park Stamford, CT 06905.
Your California Privacy Rights
We will respond to such written requests within 30 days following receipt at the e-mail or mailing address stated above. If we receive your request at a different e-mail or mailing address, we will respond within a reasonable period of time, but not to exceed 150 days from the date received. Please note that we are only required to respond to each customer once per calendar year.
At times, some of our third party advertisers or their ad serving and tracking providers may place cookies on your computer system when you select their ad banner and some of our content providers or partners may also place cookies on your computer system when you visit those portions of our HealthSaver.com site over which they have control. We reserve the right to supplement the cookie data which we collect from you with information collected by cookies set by third parties on our behalf in order to understand how you use the Internet and what products are of interest to you.
Our systems do not respond to "do not track" signals. Further, other parties may collect certain personally identifiable information about your online activities over time and across different Web sites when you use the HealthSaver Web site or service.
Internet Protocol (IP) Address
Consent To Processing
Links To Other Sites
Maintaining the Security of Your Information
HealthSaver utilizes Standard SSL encryption on pages where secure information is transmitted over the Internet. We also use VeriSign as our Certificate of Authority.
Treatment of Information of Former Members and Customers
Your Acceptance of this Policy
HealthSaver is a service provided by Trilegiant Corporation, which may modify or improve any part of the service at any time and without prior notice. HealthSaver is a registered service mark of Trilegiant Corporation.