Welcome to Plan My Proxy! When you create a Plan My Proxy account using the Plan My Proxy website located at www.PlanMyProxy.com (the “Site”) provided by Plan My Proxy, Inc. (“Plan My Proxy”), then you agree that you have read and understood the terms and conditions of use below (the “Terms”), and you agree to be bound by them. When it’s appropriate, we refer to the Site as Plan My Proxy.
If you don’t agree to be bound by these Terms, then you can’t create a Plan My Proxy account. When you use or access Plan My Proxy, you agree to comply with any guidelines, rules, terms and conditions applicable to your use or access that Plan My Proxy posts, and with any applicable third-party terms of agreement.
You must be at least 18 years old to use Plan My Proxy.
You agree that any information you provide through Plan My Proxy is and will remain true, accurate and complete.
Plan My Proxy sends you reminders to verify and update your information at least once a year, so you agree to maintain and update that information regularly.
You agree that if any information that you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of Plan My Proxy. Plan My Proxy isn’t responsible or liable for any inaccuracies in the information you provide through Plan My Proxy.
You, your estate and your heirs will not hold Plan My Proxy or any officer, director or employee of Plan My Proxy liable for any loss, injury, or claims of any kind, including without limitation any loss, injury, or claim resulting from your failure to provide true, accurate, updated and complete information when you use Plan My Proxy.
When you create an account and access Plan My Proxy, you can’t use an email address that is already being used by another Plan My Proxy user, an email address that belongs to somebody else, or an email address that may be seen as impersonating another person.
You can’t use an email address that violates someone else’s rights, including intellectual property rights.
You can’t use an email address that is offensive (and we reserve the right to decide what is or is not offensive).
Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you use to access Plan My Proxy. If you transfer your user name and password, or if you loan or otherwise transfer your use of or access to Plan My Proxy, to any other person, then you are fully responsible for anything that happens while someone else is using your user name and password.
You agree to immediately notify Plan My Proxy of any unauthorized use of your user name or password or any other breach of security related to your account or Plan My Proxy. You also agree to ensure that you sign out of your account with Plan My Proxy at the end of each session.
To report unauthorized access or use of Plan My Proxy, please contact us. We aren’t liable for any loss or damage that results from your failure to comply with any of the obligations listed above.
Plan My Proxy may be required by law to send email communications to you about Plan My Proxy, the use of information you store on Plan My Proxy, and other services. Doctors, hospitals and other healthcare providers (“Third-Party Providers”) that have access to your personal information, your advance care plan or other documents you create or store using Plan My Proxy, may also be required to communicate with you by email. You agree that Plan My Proxy, on behalf of itself and any such Third-Party Providers, may communicate with you by email, and you consent to receiving these emails. If you withdraw your consent to receive emails, Plan My Proxy may be forced to terminate your right to use Plan My Proxy.
Finally, as we discuss further below access to any premium discounts or other benefits related to such members’ use of Plan My Proxy (“Health Plan Incentives”) may require an insurance or benefit plan member identification number provided by your insurance carrier or plan administrator, as well as other credentials and passwords related to your insurance or benefit plan. You are responsible for maintaining the confidentiality of that information.
Plan My Proxy and any content that we make available are protected by intellectual property laws. Plan My Proxy is licensing our Site to you, we are not selling it to you. You may use the Site only as permitted by these Terms, and Plan My Proxy reserves all rights not expressly granted to you under these Terms.
You can’t modify, adapt, alter, translate or create derivative works of the Site.
You can’t use or merge Plan My Proxy, or any component or element of Plan My Proxy, with other software, databases or services not provided by Plan My Proxy.
You can’t sublicense, distribute, sell or otherwise transfer Plan My Proxy to any third party.
You can’t reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the Site.
You can’t interfere in any way with the operation of Plan My Proxy.
You can’t circumvent, or try to circumvent, any security measures in place to regulate or control access to Plan My Proxy.
You can’t use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Plan My Proxy or reproduce or circumvent the navigational structure or presentation of Plan My Proxy without our express prior written consent.
You can’t use Plan My Proxy for any commercial purposes unless you have an agreement in place with us to do so. You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with Plan My Proxy.
You can’t remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in Plan My Proxy.
You agree not to encourage or help anyone else to do anything listed above.
Any logo, trademark, service mark, domain name, or trade name appearing on Plan My Proxy, including “Plan My Proxy,” (“Marks”), whether registered or not, are the property of Plan My Proxy or their respective owners. You can’t use any Marks without the express written permission of Plan My Proxy.
Your submission of information through Plan My Proxy is governed by Plan My Proxy’s Privacy Policy, which is located at www.planmyproxy.com/privacy-policy. We don’t look at your answers or try to change them, but our software will try to help you avoid conflicting responses. We also study traffic patterns on the Site to try to learn how people use Plan My Proxy, where they might be having problems or getting confused, and where they might be dropping off, so that we can improve our user experience.
You understand and agree that Plan My Proxy and its affiliates have the right to monitor activity on Plan My Proxy to protect the privacy of our users.
We also have the right to monitor activity on Plan My Proxy as needed to enforce these Terms and protect Plan My Proxy and our employees, officers, directors, shareholders, and Plan My Proxy users and visitors from any unlawful, misleading or fraudulent activity.
We also have the right to monitor activity on Plan My Proxy to comply with legal obligations or governmental requests.
Unauthorized use of Plan My Proxy may subject you to criminal prosecution. We may use evidence of unauthorized use for administrative, criminal or other disciplinary action. Your use of Plan My Proxy, authorized or unauthorized, constitutes consent to monitoring by Plan My Proxy and its affiliates for the purposes listed above.
Just like almost any other business, we may need to temporarily or permanently change, suspend or discontinue Plan My Proxy some day. We may need to change how you use Plan My Proxy, including charging you fees to use the service. We may also offer special opportunities to some or all users of Plan My Proxy. We’ll notify you before we make significant changes to Plan My Proxy, and you agree that neither Plan My Proxy nor any of our affiliates will be liable to you or to any third party for any modification, suspension or discontinuance of Plan My Proxy.
As part of your enrollment in Plan My Proxy, Plan My Proxy requires you or your representative to authorize the use and/or disclosure of certain Protected Health Information (as that term is defined under United States law at 45 CFR 164.501) between Plan My Proxy and hospitals and other medical treatment centers subject to the United States Federal Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”), or to similar laws and regulations outside the United States of America. Our complete Plan My Proxy HIPAA Notice is located at https://www.planmyproxy.com/hipaa-notice/. You’ll find the meaning of any capitalized terms used in this section in our Plan My Proxy HIPAA Notice.
By registering with Plan My Proxy, either directly or with the help of a representative, and by using Plan My Proxy, you agree that Plan My Proxy and the Covered Entities and Business Associates may disclose your PHI to each other as necessary for Plan My Proxy to store your medical treatment goals, preferences and priorities and send them to Covered Entities and Business Associates in a time of need.
You also agree that Plan My Proxy and the Covered Entities and Business Associates may disclose your PHI to each other as necessary for the Covered Entities and Business Associates to provide to Plan My Proxy, as well as to locate, retrieve, view and print, any documents, rich media files and PHI stored on Plan My Proxy.
You understand that once the information above is released, it may be subject to re-disclosure by Plan My Proxy or a Covered Entity or Business Associate and may not be protected under the privacy rules issued under HIPAA or similar laws outside the United States of America.
We’ll provide you with a copy of the applicable PHI upon written request addressed to Plan My Proxy.
Plan My Proxy isn’t a healthcare provider or a Covered Entity, and no Covered Entities are parties to these Terms between you and Plan My Proxy; however, we understand and agree that a Covered Entity can’t condition any treatment, payment, enrollment or eligibility for benefits on whether you agree to these Terms and create a Plan My Proxy account.
You agree that the authorization above will remain in effect for as long as you have your Plan My Proxy account. If you ever close your Plan My Proxy account, your authorization above will be automatically revoked. In that case, no further use or disclosure of your PHI will be permitted to Plan My Proxy or any Covered Entity or Business Associate beyond that date.
Once your Plan My Proxy account is closed and your authorization is revoked, Plan My Proxy agrees that it will not use or disclose your PHI for the purposes stated above except to the extent that we have already relied on the authorization. We’ll do our best to make sure that any Covered Entities and Business Associates that we have relationships with do the same.
Plan My Proxy lets users share information with Third-Party Providers. However, we don’t control those providers. Each medical treatment provider will follow its own institutional procedures, local laws and regulations in making decisions about care and treatments that may conflict with your goals, preferences and priorities recorded in your advance care plan created or uploaded and stored using Plan My Proxy. That is why Plan My Proxy can’t guarantee that medical treatment providers will access and/or follow your wishes as expressed in your advance care plan or any other documents created or stored using Plan My Proxy in any particular situation.
You can also submit and store the name of your insurance or benefit plan, but Plan My Proxy doesn’t provide any information regarding benefits coverage, healthcare costs, or doctors and hospitals participating in your plan. You should contact your insurance carrier or plan administrator (“Payers”) for this information. In some cases, a Payer may contract with Plan My Proxy to provide its members with information about Health Plan Incentives. We reserve the right to monitor those Health Plan Incentives, but we don’t control the Payers or the Health Plan Incentives, and we aren’t responsible or liable for any inaccuracies that they may contain, or for any messaging, reference materials or other content or services made available in those Health Plan Incentives.
Plan My Proxy does not sell advertising or access to its platforms to advertisers. However, Plan My Proxy may contain information concerning Third-Party Providers, Payers and other partners or advertisers who may offer products or services compatible with Plan My Proxy. We may also provide links to third-party websites or software applications. That information and those links are provided solely for your convenience. We don’t monitor, control or endorse any companies or their products or services, and we aren’t responsible for services and features offered by other people or companies, even if you access them through Plan My Proxy.
In fact, Plan My Proxy isn’t responsible or liable for any transactions or disputes between you and any Third-Party Providers or Payers. If you have a dispute with a Third-Party Provider or Payer, you agree to release us (and our officers, directors and employees) from any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with the use of Plan My Proxy or such disputes. You waive any provisions of any state, province, or country law that limit or prohibit a general release.
You are responsible for the computer hardware, telecommunications, broadband, and other services needed to access and use Plan My Proxy, and for paying all related charges. Plan My Proxy doesn’t operate or control the Internet or your mobile connection, so Plan My Proxy can’t guarantee that Plan My Proxy will be error or virus free, invulnerable to hackers or other unauthorized users, or always available. Plan My Proxy isn’t responsible for defects in computer hardware or software, communication lines, the Internet or Internet service providers, or any other service or device that you or anyone else uses to access Plan My Proxy.
Our sole responsibility is to store and furnish your advance care plan created or uploaded and stored using Plan My Proxy, along with other information stored in Plan My Proxy in accordance with these Terms.
We may rely on any document – not only as to its execution, validity, and effectiveness, but also as to the truth and accuracy of any information contained in the document – that we in good faith believe to be genuine, and to have been signed or presented by the person claiming to have signed it. Similarly, Plan My Proxy may rely on the validity, truth and accuracy of any rich media file such as audio or video files that you upload and store using Plan My Proxy.
You acknowledge that you are responsible for complying with the laws of your particular state, province, territory, canton or country with respect to witness and notary signature requirements on your Plan My Proxy advance care plan, as well as on any document or rich media file that you upload and store using Plan My Proxy.
Plan My Proxy can remove any content, documents or information that you create or store using Plan My Proxy if we believe that it violates these Terms or our policies, or if we are permitted or required to do so by law.
We can also suspend or terminate your use of or access to Plan My Proxy (including any Health Plan Incentives made available through Plan My Proxy) immediately and without notice to protect our community or services, or if you create risk or legal exposure for us, or if you fail to comply with these Terms. Such suspension or termination may result in the permanent deletion of your information or other previously available content. Any termination of your rights to use Plan My Proxy will not affect Plan My Proxy’s rights.
The health-related information available through Plan My Proxy is general in nature and isn’t a substitute for professional healthcare. We provide that information for educational purposes only. We don’t intend for you to use that information to replace the advice of healthcare professionals. You are responsible for your reliance on Plan My Proxy and the health-related information available through Plan My Proxy. You are also responsible for any decisions or actions resulting from your use of Plan My Proxy. That includes any decision to seek (or not) any diagnosis or treatment. If you have specific healthcare needs, or for complete health information, please see a doctor or other healthcare provider.
Plan My Proxy provides information and software only. The information available through Plan My Proxy isn’t intended to serve as legal advice regarding any particular situation or the laws or regulations of any particular jurisdiction. Plan My Proxy doesn’t claim or represent that an advance care plan created using Plan My Proxy constitutes a “legal advance directive,” “advance medical directive” or similar document under the laws or regulations of any particular jurisdiction, even if you comply with witness or notary requirements that apply where you live. We don’t provide legal advice or participate in any legal representation. We’re not a law firm or a substitute for an attorney or law firm. If you need legal or other expert assistance, you should seek the services of a competent legal professional.
The agreement explained in these Terms does not give rights to anyone other than you and Plan My Proxy.
You cannot transfer your rights or obligations under these Terms without our consent.
Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes or by law.
Plan My Proxy and any information that the site contains are provided “as is” and “as available,” and we can’t guarantee that Plan My Proxy will be safe and secure or will work perfectly all the time. You are using Plan My Proxy voluntarily and at your sole risk. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We make no guarantee, representation or warranty regarding the availability, accessibility, validity or enforceability in any particular jurisdiction of your Plan My Proxy advance care plan or any document that you upload and store using Plan My Proxy.
Our responsibility for anything that happens on Plan My Proxy (also called a “liability”) is limited as much as the law will allow. If there is an issue with Plan My Proxy, we can’t know what all the possible impacts might be. You agree that we won’t be responsible (“liable”) for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
You agree to defend (at our request), indemnify and hold harmless Plan My Proxy and our officers, directors, employees, agents and licensors from and against all claims, actions, liabilities, losses, expenses, damages and costs (including reasonable attorney’s fees and costs) (collectively, “Losses”) arising out of or related to your use of Plan My Proxy or any violation of these Terms by you; however, your indemnification obligation will not extend to any Losses that are related to the intentional or negligent actions or inactions of Plan My Proxy. You agree to cooperate with us in the defense of any claim if required. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not under any circumstances settle any claim without our prior written consent.
Plan My Proxy is controlled and operated from the United States of America, and your use of Plan My Proxy isn’t intended to subject Plan My Proxy or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States.
To the extent not preempted by or inconsistent with United States federal law, the laws of the State of Georgia, United States of America, will govern these Terms and any claim, without regard to conflict of law provisions. You agree that any claim or dispute arising in connection with your use of Plan My Proxy will be brought and resolved exclusively in the U.S. Federal Courts in Atlanta, Georgia, United States of America. You also agree to submit to the personal jurisdiction of these courts for the purpose of litigating any such claim or dispute. Any cause of action or claim you may have with respect to Plan My Proxy must be commenced within one (1) year after the cause of action or claim arises.
These Terms, together with all policies referred to in these Terms, are the entire agreement between you and Plan My Proxy relating to your access to and use of Plan My Proxy.
Any amendment or waiver of these Terms must be in writing and signed by us. If we fail to enforce any aspect of our agreement, it will not be a waiver.
If any aspect of these Terms is found to be unlawful, void or unenforceable for any reason, that provision will be deemed removed from these Terms, but the rest of the rights and obligations under these Terms will remain in effect.
If we change Plan My Proxy and our policies, we may need to make changes to these Terms so that they accurately reflect our services and policies. Unless applicable law requires otherwise, we’ll notify you before we make changes to these Terms and give you an opportunity to review them before they go into effect. Any changes to these Terms will become effective immediately when they’re posted on Plan My Proxy. If you continue to use Plan My Proxy after we post such modifications, then you will be bound by the updated Terms. If you don’t want to agree to these or any updated Terms, you can always close your account by signing in, accessing your My Account page, and clicking on the link at the bottom of the page that says “Delete account.”
(Version 2020.05.01)