Terms and Conditions of Use

HealthyHive Website

Hiveaway, LLC ("Hiveaway"), has created this website (the "Website" or the "Site") to provide an online platform for healthcare consumers and providers to obtain information about local healthcare services and the demand for those services. Hiveaway also publishes open data provided from federal and state governments so consumers can research historical provider and facility service costs, consumer survey data, and other quality metrics furnished by federal and state agencies.

To assist you in using the Website and associated Services, and to ensure a clear understanding of the relationship arising from your use of the Website and participation in these Services, we have created (i) these Terms and Conditions of Use (the "Terms") and (ii) a Privacy Policy. Our Privacy Policy explains how we treat information you provide to us through the Site, and our Terms govern your use of our Site. Our Terms and Privacy Policy apply to any visitor to the Website (collectively, "you"), including (i) casual visitors to our Site, who do not participate in the Services ("Site Visitors"), (ii) individual consumers who visit the Website to use the budgeting and allocation features, review offers and promotions, and otherwise participate in the Services ("Consumer Participants"), and (iii) healthcare- related service providers who visit the Website to review consumer demand information, provide offers and promotions, and otherwise participate in the Services ("Provider Participants"). The Consumer Participants and Provider Participants who are registered with the Website are collectively referred to as Registered Users ("Registered Users"). The terms "Hiveaway," "we" and "us" refer to Hiveaway, LLC.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE PORTAL. BY ACCESSING OR REGISTERING WITH THE PORTAL, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR PORTAL OR REGISTER TO PARTICIPATE IN OUR SERVICES.

1.Your Agreement. These Terms govern (i) your use of the Website, (ii) your receipt of and participation in Hiveaway’s services offered through the Website (the "Services"), (iii) your provision of information, e.g., (i) for Consumer Participants, information about you and your health spending information ("Consumer Content"), and (ii) for Provider Participants, information about you and your practice or services and your offers and promotions ("Provider Content"); and (iv) your use of information obtained through the Website, including (a) information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by Hiveaway or its licensors and made available to you through the Services ("Hiveaway Content"), and (b) Consumer Content and Provider Content, as applicable. Please read these Terms carefully; they impose legal obligations on you and on Hiveaway, and establish our legal relationship. By using the Services or accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.

While you can visit the Website and review a range of information about Hiveaway and our Services without registering, to participate in the Services, and to obtain access to certain other materials or information available through the Website, we ask that you become a Registered User. Registration is also required to review procedural codes and corresponding descriptions owned by the American Medical Association. To ensure contractual obligations are fulfilled, Hiveaway must track the number of users accessing the intellectual property of the American Medical Association.

In addition, if you become a Registered User, during the registration process for your password (and from time to time as we may require) you may be prompted to click/check an "I Accept" button/box, which further confirms your agreement to be legally bound by these Terms.

2. Our Services: Overview. The Website is designed to provide a user-friendly and customizable platform where individual Consumer Participants can gain access to historical pricing transparency as well as express interest in various medical service categories based on specific health-related needs. Hiveaway then makes de-identified geographical and category-specific metrics (the "Anonymous Health Spending Information") from the Consumer Content available to Provider Participants, to encourage service offerings and promotions. Provider Participants may review the Anonymous Health Spending Information and determine whether to offer products, services and promotional offers, discounts, rebates, or other price concessions to Consumer Participants through the Website ("Provider Participant Offerings").

2.1. For Consumer Participants. The Website is designed to provide pricing transparency to enable Consumers to manage their healthcare spending. Consumer Participants may use the Website to budget and allocate money from their tax advantaged health spending accounts (HSAs, FSAs, HRAs) and take advantage of focused offers from local Provider Participants whose services correspond to the Consumer Participants' healthcare categories and budget allocations.

2.2. For Provider Participants. The Website is designed to alert Provider Participants of the demand for their services in their geographic area and enable them to provide offers and promotions to potential Consumer Participants. Provider Participants can advertise their services and the conventional pricing for their services to a targeted audience of Consumer Participants who have allocated sufficient funds for the Provider Participant's services.

3. Obtaining a Password; Use of Your Password

3.1. Registered User Acting in a Representative Capacity. If you are agreeing to our Terms and Conditions of Use and Privacy Policy on behalf of a company, healthcare practice or other legal entity ("Your Organization"), then (i) you represent and warrant that you have authority to act on behalf of, and to bind Your Organization and (ii) for all purposes in these Terms and the Privacy Policy, the term "you" means Your Organization on whose behalf you are acting.

3.2. Protecting Your Password. We may make certain areas of the Website accessible only to users that have a password. If we do so, and if you obtain a password, please keep in mind that we will treat anyone who uses your user name and password as "you." We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. Therefore, we recommend that you maintain your user name and password in confidence, and that you refrain from disclosing this information to anyone who might "pretend" to be you with respect to the Website and your participation in the Services. We also ask that you notify us immediately if you suspect that someone is using your user name and/or password in this or any inappropriate manner.

4. Grant of Rights to Registered Users

4.1. Grant of Rights to Consumer Participants. As a Consumer Participant, you are granted the right to enter and/or upload information related to You and your anticipated healthcare-related spending for participation in the Services ("Your Consumer Record"). You may access, view, update or otherwise modify Your Consumer Record through your password-protected access to the Website. You may not access, view or modify the Consumer Records of other Consumer Participants. You may access and view certain other password-protected areas, such as the Provider Participant Offerings, for use solely in conjunction with the Services and as provided in these Terms, and you may not modify, copy, distribute, or otherwise use the Hiveaway Content or Services available on the Website.

4.2. Grant of Rights to Provider Participants. As a Provider Participant, subject to Your compliance with these Terms, You are hereby granted (i) the right to access and use the Services and Hiveaway Content we offer, and (ii) the right to enter and/or upload information related to You/Your Organization and any offers and/or promotions for your products and/or services. You may access and view certain other password-protected areas, such as Anonymous Health Spending Information, for use solely in conjunction with the Services and as provided in these Terms, and you may not modify, copy, distribute, or otherwise use the Anonymous Health Spending Information, Hiveaway Content or Services available on the Website. You may not access, view or modify the Consumer Records of the Consumer Participants.

4.3. Duration of Rights. You will continue to enjoy Your rights under Section 4.1 (Grant of Rights to Consumer Participants) and 4.2 (Grant of Rights to Provider Participants) for as long as you are a Registered User, unless Your password is revoked or suspended for misconduct, as set out in Section 8 (Monitoring; Revocation or Suspension of Use Privileges).

5. Ownership; Reservation of Rights. The information, software, artwork, text, video, audio, pictures, trademarks, trade dress, and other intellectual property embodied in the Services or the Hiveaway Content, are the proprietary property of Hiveaway and its licensors, and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. Hiveaway and its licensors retain all rights with respect to the Services and the Hiveaway Content except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the software, the Website and/ or through the Services unless specifically authorized in writing by Hiveaway.

6. Registered User Grant of Rights

6.1. Grant of Rights to Hiveaway in Consumer Content. By submitting Subscriber Content for inclusion in the Website by completing our template, uploading files, or otherwise (if such features are available to you), you grant Hiveaway the right to use, copy, reformat, index, modify, display, and distribute your Consumer Content in de-identified form for the purposes of providing our Services. No compensation will be paid with respect to Hiveaway's use of your Consumer Content under this grant.

6.2. Grant of Rights to Hiveaway in Provider Content. If you submit Provider Content, including Provider Participant Offerings, for participation in the Services, by completing our template, uploading files, or otherwise, we will treat the Provider Content as non-confidential and nonproprietary to you. By submitting Provider Content for inclusion in the Website by completing our template, uploading files, or otherwise (if such features are available to you), you grant Hiveaway the right to use, copy, reformat, index, modify, display, and distribute your Provider Content for the purposes of providing our Services. No compensation will be paid with respect to Hiveaway's use of your Consumer Content under this grant.

6.3. Provider Participant Grant of Rights to Consumer Participants. By posting Provider Content, including Provider Participant Offerings, you grant Consumer Participants the right to copy and use your Provider Content solely for personal purposes in conjunction with participation in the Services and participation in any Provider Participant Offerings you may provide; provided that Consumer Participants shall not modify or change the Provider Content. No compensation will be paid with respect to Consumer Participants' use of your Provider Content under this grant.

6.4. Registered User Comments/Feedback. Our Website allows Registered Users to provide comments or feedback regarding our Website and our Services. By providing comments/feedback, you grant us the right to use your comments and feedback for the purposes of improving the Website and our Services.

6.5. Rights/Permissions You Must Have in Your Submitted Content. In submitting Consumer Content or Provider Content, you warrant that you have sufficient authority and rights to post such Content, and provide these use rights.

6.6. Right to Decline Submitted Content. We expressly reserve the right to refuse to use (or to disable) any Consumer Content or Provider Content that we conclude, in our sole discretion, violates these Terms or our Privacy Policy, or is incompatible with the purposes of the Website.

7. Provider Participant Responsibilities.

7.1. Provider Participant Anti-Kickback Compliance. By providing any promotional offer, discount, rebate, or other price concession to Consumer Participants on the Website, the Provider Participant certifies that such Provider Participant Offerings are made solely in connection with the Provider Participant's own business, and that such Provider Participant Offerings comply with all applicable federal, state and local laws, statutes, regulations, rules, orders and ordinances now in effect or hereinafter enacted, amended or promulgated, including the provisions of Section 1128B(b) of the Social Security Act (42 U.S.C. §1320-7b(b)) which, among other things, prohibits the knowing or willful offer, solicitation or receipt of any remuneration, directly or indirectly, in return for purchasing or recommending purchasing any goods, services, or items for which payment may be made in whole or in part under a federal or state healthcare program.

7.2. Qualified Expenses. If a service or expense being offered through a Provider Participant Offering is not, to the best of the Provider Participant's knowledge, an eligible or qualified medical or dental expense, the Provider Participant must indicate this in any such Provider Participant Offering.

8. Code of Conduct. As a condition to your use of the Website and the Services, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:

Upload, email or otherwise transmit any images or other Consumer Content or Provider Content that is unlawful, obscene, harmful, hateful, invade the privacy of any third party, contain nudity or pornography, or are otherwise objectionable. Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent. Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing. Infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images, and text in electronic form -- can easily be copied, modified and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner's permission, or without a legitimate "fair use" justification for the transmittal. Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms. Use the Website in a manner that could disable, overburden, or impair the Website or Services or interfere with any other party's use and enjoyment of the Website and Services, such as through sending "spam" email. Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities or to evade filtering capabilities. Seek to obtain access to any materials or information through "hacking," "data harvesting," or through other means we have not intentionally made available to you through the Website. Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti- discrimination, or false advertising).

9. Monitoring; Revocation or Suspension of Use Privileges. We reserve the right at any time to (i) monitor your use of the Website, and (ii) terminate or suspend your use of some or all of the Services if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy. Although we have no – and assume no -- obligation to monitor activities on the Website, please understand that we may employ filters designed to detect and block inappropriate content under this Code of Conduct. We reserve the right to request edits to your submission, to refuse to post, or to remove any information or materials, in whole or in part, that we believe, in our sole discretion, are incompatible with our Code of Conduct.

Users should also understand that our Code of Conduct is based in many instances on principles of applicable law. Users who violate our Code of Conduct accordingly may be exposed under these laws to criminal charges, and civil liability to harmed parties for compensatory damages and attorney's fees. Hiveaway reserves the right at all times to disclose information it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, consistent with its Privacy Policy.

10. Links to Third-Party Sites The Website may also contain links or produce search results that reference links to third party websites (collectively "Linked Sites"). Hiveaway has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. Hiveaway does not endorse the content of any Linked Site, nor does Hiveaway warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.

11. User Disputes. You are solely responsible for your interaction with other Registered Users, both online or offline. We have no obligation to become involved in disputes between Registered Users.

If you have a dispute with one or more Registered Users, you release Hiveaway (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

12. Disclaimers.

12.1. No Referrals. The Hiveaway Website is an informational service, not a referral service. Hiveaway does not and shall have no obligation to examine, verify, endorse or otherwise approve any of the Provider Participants or Provider Participant Offerings on the Website. You acknowledge that your participation in the Services is voluntary. Hiveaway makes no recommendations, guarantees, endorsements, referrals or warranties with regard to Provider Participants or the Provider Participant Offerings available through the Website and Hiveaway shall have no liability with regard to same.

12.2. No Tax Advice. The health-related categories on the Website have been broadly compiled from the IRS Publication 502 "Medical and Dental Expenses." The categories and associated Provider Participants in each category may not promote services or products that are qualified expenses. With respect to Consumer Participants with Health Reimbursement Arrangement plans, Consumer Participants are cautioned to review their own employer-sponsored benefit plan descriptions and enrollment material for specific information or to consult with their employer's benefits department or personal tax advisor as necessary. This information is subject to change at any time and without notice per IRS rulings and federal legislative activity.

According to the IRS, "medical expenses are the costs of diagnosis, cure, mitigation, treatment or prevention of disease, and the costs for treatments affecting any part or function of the body. These expenses include payments for legal medical services rendered by physicians, surgeons, dentists, and other medical practitioners. They include the costs of supplies, and diagnostic devices needed for these purposes. Medical care expenses must be primarily to alleviate or prevent a physical or mental defect or illness. They do not include expenses that are merely beneficial to general health, such as vitamins or a vacation."

Hiveaway does it best to ensure categories on its platform comply with federally mandated guidelines, however Hiveaway makes no warranties with regard to Provider Participant Offerings and shall have no liability if a Provider Participant Offering on the Website does not qualify as a medical or dental expense under IRS regulations.

12.3. No Medical Advice. The content on the Website is provided for general informational purposes only and is not intended as, nor should it be considered a substitute for, professional dental or medical advice. Do not use the information on the Website for diagnosing or treating any dental medical or health condition. If you have or suspect you have a dental or medical problem, promptly contact your professional healthcare provider.

12.4 Third Party Data Accuracy. The timeliness and accuracy of any or all of the procedural data is not guaranteed. Neither the authors, Hiveaway, nor any other party who has been involved in the preparation or publication of this work can assure you that the procedural data contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of the publicly available data Hiveaway re-publishes. BY NO MEANS SHOULD ANY OF THE PROCEDURAL COST DATA BE ASSUMED TO BE REFLECTIVE OF PREVAILING COSTS. THE DATA IS HISTORICAL AND IS ONLY MEANT TO PROVIDE INSIGHT ON PAST PRICES AND ESTIMATED OUT-OF-POCKET COSTS.

13. Warranty Disclaimer. HIVEAWAY DOES NOT PROMISE THAT THE WEBSITE OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE WEBSITE WILL PROVIDE SPECIFIC RESULTS FROM YOUR PARTICIPATION IN THE SERVICES OR YOUR USE OF ANY CONTENT, SEARCH, OR LINK ON IT. THE WEBSITE AND ALL SERVICES AND CONTENT WITHIN IT ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS THE WEBSITE, YOU DO SO AT YOUR OWN RISK. HIVEAWAY DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM HIVEAWAY SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.

HIVEAWAY DISCLAIMS (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE HIVEAWAY WEBSITE AND RELATED SERVICES AND CONTENT IS AT YOUR SOLE RISK.

14. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL HIVEAWAY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE HIVEAWAY WEBSITE AND RELATED SERVICES AND CONTENT.

15. Indemnity. You agree to defend, indemnify, and hold Hiveaway and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms.

16. Contact for Alleged Copyright Infringement. Hiveaway respects the intellectual property rights of others and requires that its users do the same. If you believe that Content on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright (a "Work"), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the "DMCA") to respond to such concerns, as follows:

info@hiveaway.com

Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.

17. Modifications to these Terms. We may modify and change these Terms over time. We will not "retroactively" change these Terms, and any modifications we make shall take effect proactively, once you next access the Website. Please feel free to print out a copy of these Terms for your records.

18. Assignment. These Terms shall not be assignable by you, either in whole or in part. Hiveaway reserves the right to assign its rights and obligations under these Terms.

19. General. These Terms shall be governed in all respects by the laws of the Commonwealth of Massachusetts without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the Commonwealth of Massachusetts in the judicial district where Hiveaway has its principal place of business. The parties further agree that any cause of action arising under these Terms or our Privacy Policy shall exclusively be brought in such courts. 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. Hiveaway’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Hiveaway and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

20. Survival. The following provisions shall survive the termination of these Terms and shall apply indefinitely:

  • Section 5 (Ownership; Reservation of Rights)
  • Section 12 (Warranty Disclaimer)
  • Section 14 (Limitation of Liability)
  • Section 15 (Indemnity)
  • Section 18 (Assignment)
  • Section 19 (General)
  • Section 20 (Survival)

21. Relationship to Privacy Policy and Other Contracts. These Terms must be read in conjunction (i) with other agreements into which you may enter concerning the Website, and (ii) with our Privacy Policy. The provisions of our Privacy Policy are incorporated herein. To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy will control. Similarly to the extent these Terms conflict with the terms and conditions of any specific agreement you enter with us, the terms and conditions of such specific agreement will control.

22. New Hampshire open data project:

Our New Hampshire open data project accesses data from the public claims file under the creation of the NH Comprehensive Health Care Information System. This information is for illustrative purposes and is neither intended nor purposed as medical advice, quotes for medical services, or recommendations for individual providers or facilities. Our objective is to provide insight to relative costs at the procedural level based on insurance product type (HMO, PPO, Medicare supplemental).

Data Cleansing Process:

Once we receive the data, we perform several data cleansing steps. Below is a summary of the process we follow:

  • In calculating median procedural costs, we capture the aggregate payment to providers over a stated period (calendar year) and the total number (or count) of times a particular procedure was performed.
  • We use median data points as procedural costs can be skewed higher or lower based on the impact modifiers* can have on the average.We use median data points as procedural costs can be skewed higher or lower based on the impact modifiers* can have on the average.

This is also done to provide the median cost over time as opposed to excluding claims with a procedural count exceeding one, which may result in unit discounts at the claim level. The goal is to capture as many claims as possible at the procedural level and enable consumers to compare median costs across providers at the procedural level while using a more comprehensive approach.

  • Capture only those claims that have been “Paid” in the SV_STAT field. This avoids any claims that may be in dispute.
  • Capture only those claims that are coded as “Primary Provider”.

Claims denoted other than “primary provider” often reflect residual costs covered by a secondary insurer and thus do not accurately reflect the whole cost that would be paid if only one insurer was involved. The following copy from the NH CHIS data dictionary further explains:

Claims processed as secondary may have dramatically lower payments for services rendered because another payer had primary responsibility. A small number of payers are unable to distinguish claims processed as primary from those processed as secondary. In studying the cost of a specific procedure, a claim that is not processed as primary may reflect only a partial payment.

Source: The NH CHIS Warehouse Data Dictionary — Consolidated Data Set, Version 1 Office of Medicaid Business and Policy, NH DHHS • March 2013, Page 9

  • *A modifier is used to indicate that a service or procedure has been altered by some specific circumstance but not changed in its definition or code. Modifiers may be used to indicate that a service or procedure has both a professional and a technical component, only part of a service was performed, a bilateral procedure was performed, or a service or procedure was provided more than once. A procedure modifier is required when a modifier clarifies or improves the reporting accuracy of the associated procedure code. This field links to the CPT Modifier reference.
  • CHIS Warehouse Data Dictionary — Consolidated Data Set, Version 1 Office of Medicaid Business and Policy, NH DHHS • March 2013, Page 12

Disclaimers.

No Referrals. The Hiveaway Website is an informational service, not a referral service. Hiveaway does not and shall have no obligation to examine, verify, endorse or otherwise approve any of the Provider Participants or Provider Participant Offerings on the Website. You acknowledge that your participation in the Services is voluntary. Hiveaway makes no recommendations, guarantees, endorsements, referrals or warranties with regard to Provider Participants or the Provider Participant Offerings available through the Website and Hiveaway shall have no liability with regard to same.

No Tax Advice. The health-related categories on the Website have been broadly compiled from the IRS Publication 502 "Medical and Dental Expenses." The categories and associated Provider Participants in each category may not promote services or products that are qualified expenses. With respect to Consumer Participants with Health Reimbursement Arrangement plans, Consumer Participants are cautioned to review their own employer-sponsored benefit plan descriptions and enrollment material for specific information or to consult with their employer's benefits department or personal tax advisor as necessary. This information is subject to change at any time and without notice per IRS rulings and federal legislative activity.

According to the IRS, "medical expenses are the costs of diagnosis, cure, mitigation, treatment or prevention of disease, and the costs for treatments affecting any part or function of the body. These expenses include payments for legal medical services rendered by physicians, surgeons, dentists, and other medical practitioners. They include the costs of supplies, and diagnostic devices needed for these purposes. Medical care expenses must be primarily to alleviate or prevent a physical or mental defect or illness. They do not include expenses that are merely beneficial to general health, such as vitamins or a vacation."

Hiveaway does it best to ensure categories on its platform comply with federally mandated guidelines, however Hiveaway makes no warranties with regard to Provider Participant Offerings and shall have no liability if a Provider Participant Offering on the Website does not qualify as a medical or dental expense under IRS regulations.

No Medical Advice. The content on the Website is provided for general informational purposes only and is not intended as, nor should it be considered a substitute for, professional dental or medical advice. Do not use the information on the Website for diagnosing or treating any dental medical or health condition. If you have or suspect you have a dental or medical problem, promptly contact your professional healthcare provider.

Third Party Data Accuracy. The timeliness and accuracy of any or all of the procedural data is not guaranteed. Neither the authors, Hiveaway, nor any other party who has been involved in the preparation or publication of this work can assure you that the procedural data contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of the publicly available data Hiveaway re-publishes. BY NO MEANS SHOULD ANY OF THE PROCEDURAL COST DATA BE ASSUMED TO BE REFLECTIVE OF PREVAILING COSTS. THE DATA IS HISTORICAL AND IS ONLY MEANT TO PROVIDE INSIGHT ON PAST PRICES AND ESTIMATED OUT-OF-POCKET COSTS.

Warranty Disclaimer. HIVEAWAY DOES NOT PROMISE THAT THE WEBSITE OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE WEBSITE WILL PROVIDE SPECIFIC RESULTS FROM YOUR PARTICIPATION IN THE SERVICES OR YOUR USE OF ANY CONTENT, SEARCH, OR LINK ON IT. THE WEBSITE AND ALL SERVICES AND CONTENT WITHIN IT ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS THE WEBSITE, YOU DO SO AT YOUR OWN RISK. HIVEAWAY DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM HIVEAWAY SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.

HIVEAWAY DISCLAIMS (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE HIVEAWAY WEBSITE AND RELATED SERVICES AND CONTENT IS AT YOUR SOLE RISK.

Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL HIVEAWAY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE HIVEAWAY WEBSITE AND RELATED SERVICES AND CONTENT.

Indemnity. You agree to defend, indemnify, and hold Hiveaway and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms.

Contact for Alleged Copyright Infringement. Hiveaway respects the intellectual property rights of others and requires that its users do the same. If you believe that Content on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright (a "Work"), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the "DMCA") to respond to such concerns, as follows:

Contact for Alleged Copyright Infringement. Hiveaway respects the intellectual property rights of others and requires that its users do the same. If you believe that Content on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright (a "Work"), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the "DMCA") to respond to such concerns, as follows: info@hiveaway.com

23. Contact Us. If you have any questions about these Terms, the practices of this Site, or your dealings with this Website, please contact us at:

You may contact us, for any reason, by e-mail as follows:

info@hiveaway.com

Effective Date: The effective date of these Terms and Conditions is December 12, 2012.

COPYRIGHT AND LEGAL NOTICE.

Copyright © 2018 Hiveaway. All Rights Reserved.

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