Terms of Use
Welcome to Signify Health’s website. These Signify Health (also referred to herein as “Signify,” “we,” “us,” and “our”) Web Terms of Use (the “Terms”) apply to those websites, online tools and software applications (including mobile applications) that we operate and that contain a link to these Terms (an “Application” or together the “Applications”).
By using our Applications, you are agreeing to these Terms and acknowledge the terms of our Privacy Policy. The Terms incorporate by this reference any additional terms or conditions posted by Signify through the Applications, or otherwise made available to you by Signify. Please read them carefully.
We may modify these Terms at any time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the Applications. You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend at the bottom of these Terms. Any modifications will be effective immediately upon such posting. Your use of or access to the Applications after such modifications are posted will signify your acceptance of the modifications and your agreement to be bound by them. Notwithstanding the foregoing, any modifications to these Terms shall not apply to any dispute between us arising prior to the date on which we post the revised Terms that contain such modifications.
While you may be authorized to use an Application as a patient or member of a provider or health plan, or as part of a workforce of a hospital, or other health care organization (“Healthcare Entity”) that has signed a separate services agreement and/or business associate agreement (each, an “Enterprise Agreement”) with us, you are nevertheless individually bound by these Terms upon using the Application. Where there is a conflict between the Enterprise Agreements and these Terms, the Enterprise Agreements shall control.
THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION, JURY TRIAL WAIVER, AND A CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. DETAILS ARE SET FORTH BELOW. PLEASE REVIEW CAREFULLY.
Not a Substitute for Professional Health Care or Advice
The health information contained in the Applications is general in nature and is not a substitute for professional health care. It is not meant to replace the advice of health care professionals. If you have specific health care needs, or for complete health information, please see a doctor or other health care provider.
IF YOU ARE EXPERIENCING A MEDICAL CRISIS, CALL 911 OR CONTACT YOUR LOCAL EMERGENCY ASSISTANCE SERVICE IMMEDIATELY.
Disclaimer of Warranty
Information on the Applications is provided “AS IS” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Your use of the Applications is at your own risk. We do not guarantee the accuracy, completeness, timeliness, correctness, reliability, or security of any content available through the Applications. We make no representation that the use of the Applications will be uninterrupted or error-free.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SIGNIFY OR ITS SUPPLIERS OR VENDORS, OR ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUPPLIERS, VENDORS, LICENSORS, CO-BRANDERS OR PARTNERS (COLLECTIVELY, “SIGNIFY PARTIES”) BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF ANY USE OF THE APPLICATIONS, OR ANY OTHER HYPER-LINKED WEBSITE OR SOFTWARE APPLICATION (INCLUDING MOBILE APPLICATIONS), INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA ON YOUR EQUIPMENT, OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY INCLUDES ANY CLAIM BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.
You acknowledge and agree that the limitations set forth above are fundamental elements of these Terms and the Applications would not be provided to you absent such limitations.
Changes to the Applications
Information may be changed or updated without notice. Signify has no obligation to update information presented on the Applications, so information contained therein may be out of date at any given time. Signify may also make improvements and/or changes in the products and/or programs described in this information at any time without notice.
Products and Services Offerings
“Signify” is the brand name used for products and services provided by one or more of the Signify group of subsidiary companies (a “Service” or together the “Services”).
The product and/or services descriptions, if any, provided on the Applications are not intended to constitute offers to sell or solicitations in connection with any product or service. All products are not available in all areas and are subject to applicable regulations.
Privacy
Your submission of information through the Service is governed by these Terms. When you use the Application, we may collect certain technical and other information from you and that information is subject to our Privacy Policy, located at https://www.signifyhealth.com/privacy-policy ("Privacy Policy"), which, among other things, explains how we seek to protect the privacy of the personal information that you provide to us through the Applications. If you give us the personal information of others in connection with our Applications, you represent that you have the right to do so, and you permit us to use the information in accordance with the Privacy Policy. When you contact us by social media, you acknowledge that the Information is subject to the terms of those social media platforms.
To the extent Information that you enter into the Application or that you view as part of the Application is Protected Health Information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA), the PHI is subject to Signify’s HIPAA privacy policies and the applicable Notice of Privacy Practices available with the Healthcare Entity as part of the Enterprise Agreements.
Access, Security, and Restrictions
Members and Patients
You may access certain Signify Applications to schedule appointments, provide information to or otherwise interact with your medical provider (“Providers”). You do not need to create an account with Signify in order to use the Applications.
Clinicians
You may access certain Signify Applications to check your patient schedule, complete training requirements, or otherwise interact with Signify Health. Applications that require registration include additional access and security terms.
All Users
We employ reasonable and customary security methods to prevent unauthorized access, maintain data accuracy, and ensure correct use of Information. However, you acknowledge and understand that no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. You agree to notify us immediately if you become aware of any unauthorized use of the Applications or any other breach of security that might affect the Applications.
You agree to use the Applications only for lawful purposes. You agree not to access or use, or to attempt to access or use, the Applications or any portion thereof without authorization, in a manner intended to interfere with the functioning or security of the Applications or in violation of the rights or any person or applicable law.
You are responsible for obtaining, maintaining, and paying for all hardware, software, and all telecommunications and other services needed for you to use the Applications.
No one under the age of 13 may access, browse, or use the Applications or provide any information to or on the Applications. If you are under the age of 13, your parent or legal guardian may use the Applications on your behalf, but you may not use the Applications directly. If you are between 13 and the age of majority in your state and otherwise are not emancipated, a parent or legal guardian must agree to these Terms on your behalf.
Communication Preferences
You agree to receive electronic communications from Signify (e.g., via email, text message, or by posting notices to the Applications). These communications may include operational notices (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy, saving an electronic copy, or both. We may also send you promotional communications via email or other means, including newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional messages at any time by following the unsubscribe instructions provided in such messages.
Where the Applications allows for the delivery of “push notifications” you may opt out of receiving these notifications by changing the notification settings on your device. By downloading and using our Applications, you may also receive promotional messages, offers, news, and information about Signify or our business partners within the Applications themselves. These “in app” messages are part of our Applications’ functionality and cannot be turned off. If you do not want to receive “in app” messages, offers, news, and information, do not download or use the Applications.
Telephone, Text Messaging and Fax
By providing your residential or wireless phone and/or fax number(s) to Signify or their affiliates you expressly consent to receive marketing and non-marketing autodialed and/or prerecorded calls, text messages and faxes (including fax advertisements) from or on behalf of Signify or its affiliates at the number(s) provided. Your consent to receive calls or texts on your wireless device is not a condition of any purchase. Consent may be revoked at any time by calling the toll-free number at 855-984-5121. You may also send an opt-out request via email to memberservices@signifyhealth.com with the phone and/or fax number you wish to opt-out. Your wireless carrier's standard message and data rates may apply.
In support of the Services, we may offer access to appointment reminder messages, post-appointment follow-up messages and other health programs that you participate in or are eligible for via recurring SMS (Short Message Service) and MMS (Multimedia Message Service) text alerts, or as otherwise defined when you enroll in SMS programs. Enrollment in text alerts requires an individual to provide his or her own mobile phone number with an area code within the 50 United States or the District of Columbia. By enrolling to receive Signify text alerts, you agree to these terms and conditions, which become effective upon your enrollment. You will be asked to verify your mobile phone number before the service will start. You may opt-out any time, as indicated below.
You acknowledge that text alerts will be sent to the mobile phone number you provide to us. Such alerts may include limited personal information about you, and whoever has access to the mobile phone or carrier account will also be able to see this information. Once you enroll, the frequency of text alerts we send to you will vary. You will typically receive text alerts when we have information for you about your appointments or other relevant programs and services. We do not impose a separate charge for text alerts; however, your mobile carrier's message and data rates may apply depending on the terms and conditions of your mobile phone contract. You are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges. Carriers are not liable for delayed or undelivered messages. You may opt out of Signify text alerts at any time. To stop receiving text alerts, text STOP to 50832 or the number you received the text message from. Texting STOP to these numbers will opt you out of any and all future Signify text messages. After you submit a request to unsubscribe, you will receive one final text alert from us confirming that you will no longer receive text alerts. No additional text alerts will be sent unless you reactivate your enrollment. For questions about text alerts, text the word Help to 50832 or the number you received the text message from or contact us at 1-855-984-5121.
The Signify text alert programs are offered on an "as is" basis and:
- may not be available in all areas at all times; and
- may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier.
We may change or discontinue any of its text alert programs without notice or liability to you. Signify and its related companies and each of their respective officers, directors and employees are not responsible and shall not be liable for any losses or injuries of any kind resulting, directly or indirectly, from any Signify text alert program or from technical failures or delays of any kind. Signify reserves the right to cease delivery of text alerts to any person at any time in its sole discretion.
To the extent that information is collected or provided for our services and is patient or member health information, such as your phone number for SMS in our programs, this information is governed by your provider or health plan Notice of Privacy Practices and not our Online Privacy Policy.
Session Data
You consent to the use of tracking technologies on the website to collect and record your real-time activities and movements across the Applications throughout your browsing session. You consent to our sharing of your session data with our vendors. Please review our privacy policy for more information about our collection, use, and sharing of session data.
Location Based Services
If you enable location-based services on your computer or other device in connection with your use of the Applications for any reason, including but not limited to itinerary and navigation or use of the various emergency response tools, you expressly consent to Signify or its suppliers or vendors collecting the precise location information of your device. This information will be used as set forth in our Privacy Policy, including to personalize your service (such as by delivering offers to you). Please see our Privacy Policy for further information.
Third-Party Resources
The Applications may contain links to, or otherwise make available, third-party sites, services, products, information, content, materials, functionality and/or other resources (“Third Party Resources”). These Third Party Resources and links and access to them are provided for your convenience and reference only. We do not control such Third Party Resources and, therefore, we are not responsible for such Third Party Resources, or any content posted on or made available by such Third Party Resources. Be aware that we do not control, and we make no guarantees about, and disclaims any express or implied representations or warranties about such Third Party Resources, including without limitation the security of any materials, or the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on or made available by such Third Party Resources or any other Internet sites. We reserve the right to terminate such links or such access at any time. The fact that we offer such links or access should not be construed in any way as an endorsement, authorization, or sponsorship of such Third Party Resources, or any content made available thereby. Because some Third Party Resources employ automated search results or otherwise link you to Third Party Resources containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in or made available by Third Party Resources, and you hereby irrevocably waive any claim against us with respect to such Third Party Resources. Your use of any Third Party Resources is subject to the third party’s terms, conditions and policies applicable to such products, services or materials (such as Terms of Service or Privacy Policies of the providers of such products, services or materials). We are not responsible for the privacy and security of any information you share with that third party, including your credit card or payment information. When you elect to receive these services from a third party, you agree to hold that third party responsible for any unauthorized use or disclosure of your personal information.
Trademarks
The Signify Health logo, Signify, and all other trademarks, service marks, trade names, logos, domain names, URLs and icons (“Marks”) appearing on the Applications, registered or not, are the property of Signify Health, Inc. or their respective owners. Nothing on this website grants you any right or license to use any of the Marks on this site without the express written permission of Signify Health, Inc. or the third party owners of the Marks. Unauthorized use may violate trademark and other laws.
Ownership of the Applications
The Applications (including any content made available through the Applications) are the property of Signify (or its licensors) and are protected by applicable intellectual property laws. The Applications are licensed, not sold, to you. You may utilize the Applications only as permitted by these Terms. You may not, and will not permit any other party to:
- modify, adapt, alter, translate or create derivative works of the Applications;
- use or merge the Applications, or any component or element thereof, with other software, databases or services not provided by Signify;
- sublicense, distribute, sell or otherwise transfer the Applications to any third party;
- use the Applications as a service bureau, or lease, rent or loan the Applications to any third party;
- reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the Applications;
- interfere in any manner with the operation of the Applications;
- circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the Applications;
- create a database by systematically downloading and storing the Applications;
- 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 the Applications or reproduce or circumvent the navigational structure or presentation of the Applications without our express prior written consent; or
- use the Applications for any commercial purposes.
You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the Applications. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Applications.
Governing Law
These Terms, your use of the Applications, all transactions through the Applications, and all related matters, regardless of your location, are governed solely by, and construed solely in accordance with, the laws of the State of New York, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.
Dispute Resolution
ARBITRATION AGREEMENT; JURY TRIAL WAIVER; CLASS ACTION WAIVER; JURISDICTION AND VENUE.
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT. THIS SECTION MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. THIS SECTION ALSO CONTAINS PROCEDURES FOR FINAL BINDING INDIVIDUAL ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION (COLLECTIVELY, “CLASS ACTION”) IN ARBITRATION OR LITIGATION.
THIS SECTION ALSO ADDRESSES THAT YOU AND SIGNIFY ARE GIVING UP THE RIGHT TO HAVE A JURY TRIAL TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND TO FILE OR PARTICIPATE IN A CLASS ACTION SUBJECT TO THE LIMITED EXCLUSION BELOW. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
Most member concerns can be resolved by calling Member Service at 1-855-984-5121. In the event Member Service is unable to resolve a complaint to your satisfaction, this Section explains how any Dispute (as defined below) will be resolved.
For purposes of this Section, the terms “Signify,” “our,” “we,” or “us” include Signify Health, Inc., its subsidiaries or affiliates, as well as any of their respective present or future affiliates or subsidiaries, and any persons or entities (including agents, representatives, or employees) related to Signify or its present or future affiliates or subsidiaries. Reference to Signify herein also refers to Signify Health, LLC and its contracted independent physician owned entities to which it provides administrative services including, Signify Health Medical Associates, PLLC; Brookview Medical Associates, PLLC; Signify Health Medical Associates of California, P.C.; Signify Health Medical Associates of New Jersey, LLC; and Signify Health Medical Associates of Kansas, LLC.
a) Arbitration Agreement. YOU AND SIGNIFY AGREE THAT ANY DISPUTE (DEFINED BELOW) SHALL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION EXCEPT AS OTHERWISE PROVIDED HEREIN. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY ELECT TO HAVE INDIVIDUAL CLAIMS HEARD IN SMALL CLAIMS COURT IF THOSE CLAIMS QUALIFY FOR SMALL CLAIMS COURT AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND IS NOT REMOVED OR APPEALED TO A COURT OF GENERAL JURISDICTION AND ADVANCES ONLY ON AN INDIVIDUAL (NON-CLASS ACTION BASIS). ANY DISPUTE OVER WHETHER CLAIMS QUALIFY FOR SMALL CLAIMS COURT IS FOR THE SMALL CLAIMS COURT TO DECIDE IN THE FIRST INSTANCE AND, IF NECESSARY, FOR A COURT OF COMPETENT JURISDICTION TO DECIDE.
You and Signify agree that this Agreement affects interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and federal arbitration law apply to this Arbitration Agreement and govern all questions as to whether a Dispute is subject to arbitration.
For purposes of this Section, “Dispute” shall include, but is not limited to, any claims or controversies between you and Signify that are related in any way to this Agreement, including, but not limited to, your use of the Site, sales, returns, refunds, cancellations, defects, policies, privacy, advertising, and/or any communications between you and Signify, whether occurring on the Site, or otherwise, even if the Dispute arises after the termination of your relationship with Signify. “Dispute” also includes, without limitation, claims that: (a) you bring against Signify; (b) Signify brings against you; (c) in any way relate to or arise out of any aspect of the relationship between you and Signify, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (d) arose before you entered into this Agreement or out of a prior agreement with Signify (including, without limitation, claims relating to advertising); (e) are subject to ongoing litigation where you are not a party or a member of a certified class; and/or (f) arise after the termination of this Agreement. “Dispute,” however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property or claims for personal bodily injury, which shall not be subject to arbitration or the notice and informal process described below. The arbitrator shall decide all issues except for: (a) those that are specifically reserved for a court herein; (b) those issues relating to the scope, validity, and enforceability of the Arbitration Agreement or any of the provisions of this Section; (c) any issues arising from or relating to the arbitrability of any Dispute; and (d) whether the arbitration administrator cannot or will not administer the arbitration in accordance with this Arbitration Agreement—all of which are for a court of competent jurisdiction to decide. This Arbitration Agreement does not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency.
- Mandatory Pre-Arbitration Informal Dispute Resolution. You and Signify agree to engage cooperatively to try to resolve any Dispute informally prior to you or Signify initiating an arbitration proceeding. You or Signify must first send a written notice to the other party providing a detailed description of the Dispute; your or our name and contact information (address, telephone number, email address, and account number if applicable); sufficient information to enable you or us to identify any transaction at issue (including any receipts or purchase details); and a detailed description of: (a) the nature and basis of the Dispute and any claims and (b) the nature and basis of the relief sought (including a detailed calculation of any damages). Your notice to us must be personally signed by you (and your attorney if you are represented by legal counsel). Our notice to you must be personally signed by a Signify representative (and our attorney if we are represented by legal counsel).
Your notice to Signify must be sent to Signify Health, Inc., c/o The Corporation Trust Company, 1209 Orange Street, Wilmington, DE, 19801. Our notice to you must be sent to the most recent contact information that you have provided to us.
For a period of 60 days from the date of receipt of a completed notice from the other party, you and Signify will work together using reasonable efforts to try to resolve the Dispute. If requested by us in connection with a notice initiated by you, you agree to personally participate in an individualized telephone settlement conference (and if you are represented by an attorney, your attorney may also participate) to discuss a potential early resolution of the matter. If requested by you in connection with a notice initiated by us, we agree to have a Signify representative personally participate in an individualized, telephone settlement conference (and if we are represented by an attorney, our attorney may also participate). If the Dispute is not resolved within this 60-day period (which can be extended by agreement of the parties), you or we may commence arbitration consistent with the process set forth below. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating arbitration.
Any applicable limitations period (including statutes of limitations) shall be tolled while the parties engage in this informal dispute resolution process.
If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and the parties agree that any arbitration shall be stayed pending resolution of the issue. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.
- Arbitration Rules and Procedures; Individualized Relief; Fees. To begin an arbitration proceeding, you must send an arbitration demand to National Arbitration and Mediation (“NAM”) with a copy to Signify Health, Inc., c/o The Corporation Trust Company, 1209 Orange Street, Wilmington, DE, 19801, or we must send an arbitration demand to NAM with a copy sent to you at the most current address we have on file. The arbitration demand must be accompanied by a certification of completion of the informal dispute resolution process and a copy of the notice. The arbitration demand and certification must be personally signed by you and your attorney, if you are represented by legal counsel (if you are initiating arbitration) or by a Signify representative or our attorney, if we are represented by legal counsel (if we are initiating arbitration). By filing the arbitration demand, the party and its attorney initiating the arbitration represent that to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (a) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (b) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (c) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator is expressly authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel.
The arbitration will be administered by NAM under its applicable rules, including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable (“NAM Rules”), as modified by this Arbitration Agreement. The NAM Rules and fee information are available at www.namadr.com. If NAM is unavailable or unwilling to administer the arbitration consistent with the NAM Rules as modified by this Arbitration Agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree on an administrator, they shall jointly petition a court of competent jurisdiction to appoint an administrator that will administer the arbitration consistent with the NAM Rules as modified by this Arbitration Agreement. Payment of all arbitration fees will be governed by the NAM Rules. Notwithstanding the foregoing, the arbitrator may issue an award pursuant to Federal Rules of Civil Procedure 11 and 68 as referenced in this Arbitration Agreement. Signify will consider a request to reimburse the consumer filing fee upon a demonstration of hardship. You and we agree that the parties have a shared interest in reducing the fees and costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with NAM regarding fees, and you and we agree that the parties (and your and our counsel, if you and we are represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.
You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $25,000 or more or injunctive relief shall have an in-person or video hearing. You and Signify reserve the right to request a hearing in any matter from the arbitrator. You and Signify agree that you and a Signify representative will personally appear at any hearing (along with your and our respective legal counsel, if the parties are represented by counsel). If an in-person arbitration hearing is required, then it will be conducted at a location in the United States county where you live or work or such other location agreed upon by both parties.
The arbitration will be conducted by a single arbitrator who will apply this Agreement as a court would and will adjudicate any Dispute according to applicable law and facts based upon the record only. The arbitrator shall issue a reasoned written award. The cost-shifting provisions of Federal Rule of Civil Procedure 68 shall apply and be awarded by the arbitrator if required by the Rule. The arbitration award shall have no preclusive effect in any other arbitration or proceeding that does not involve you and Signify. An award that has been satisfied may not be entered in court.
UNLESS BOTH YOU AND WE AGREE OTHERWISE, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL BASIS. CLAIMS OF MORE THAN ONE PERSON CANNOT BE ARBITRATED JOINTLY OR BE CONSOLIDATED WITH THOSE OF ANY OTHER PERSON. ADDITIONALLY, YOU AND SIGNIFY AGREE THAT THE ARBITRATOR MAY AWARD INDIVIDUAL RELIEF AVAILABLE IN COURT (INCLUDING, WITHOUT LIMITATION, DAMAGES, DECLARATORY, INJUNCTIVE, OR OTHER EQUITABLE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S PARTICULAR CLAIM. THE ARBITRATOR MAY NOT ISSUE A “PUBLIC INJUNCTION.” THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS. IF, FOR ANY REASON, A COURT OF COMPETENT JURISDICTION HOLDS THAT THESE RESTRICTIONS ARE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THE PARTIES AGREE THAT THE PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN A COURT OF COMPETENT JURISDICTION BUT SHALL BE STAYED PENDING ARBITRATION OF ALL REMAINING CLAIMS AND REQUESTS FOR RELIEF.
- Additional Procedures for Mass Filings. You and Signify agree that these procedures (in addition to all others provided in Section) shall also apply if you choose to participate in a “Mass Filing” (defined below).
If 25 or more similar Disputes (including yours) are asserted against Signify by the same or coordinated counsel or are otherwise coordinated (“Mass Filing”), consistent with the definition and criteria of Mass Filing set forth in the NAM Rules, you understand and agree that by choosing to be part of a Mass Filing, these additional procedures shall apply, and the resolution of your Dispute might be delayed and ultimately proceed in court if not resolved through the process set forth below. The parties agree that throughout this process, their counsel shall meet and confer in an effort to informally resolve the Disputes, streamline procedures, address the informal exchange of information, modify the number of Disputes to be adjudicated and to promote efficiency, conservation of resources, and the resolution of claims.
If your claim is part of a Mass Filing, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that the Mass Filing is first submitted to NAM until your Dispute proceeds in arbitration or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this Section.
STAGE ONE: Counsel for the claimants and counsel for Signify shall each select 25 claims per side (50 claims total) to proceed as cases in individual arbitration proceedings as part of an initial staged process. Alternatively, either side’s counsel may elect to have their 25 cases selected randomly. The number of Disputes to be selected to proceed as part of this initial staged process can be increased by agreement of counsel for the parties (and if there are fewer than 100 Disputes, all shall proceed individually in Stage One). Each of the 50 (or fewer) cases shall be assigned to a different arbitrator and proceed in individual arbitrations. If a case is withdrawn without the consent of both parties, then another Dispute shall be selected consistent with the selection process referenced above to proceed as part of this Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any administrative fees be assessed or collected in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If after this initial set of proceedings the parties are unable to informally resolve the remaining Disputes, they shall participate in a global mediation session with a retired federal or state court judge to be jointly selected by counsel for the parties in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One), and Signify shall pay the mediator’s fee.
STAGE TWO: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for Signify shall each select 50 Disputes per side (100 claims total) to be filed and to proceed as cases in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agree to in writing following mediation or through continuing, good faith discussions. Alternatively, either side’s counsel may elect to have their 50 Disputes selected randomly. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than 200 Disputes, all shall proceed individually in Stage Two). No more than 3 cases may be assigned to a single arbitrator to proceed individually unless the parties agree otherwise. If a case is withdrawn without the consent of both parties, then another Dispute shall be selected consistent with the selection process referenced above to proceed as part of this Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any administrative fees be assessed or collected in connection with those claims. After this second set of staged proceedings is completed, the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge to be jointly selected by counsel for the parties in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and Signify shall again pay the mediator’s fee.
Upon the completion of the global mediation session set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may only proceed in a court of competent jurisdiction consistent with this Agreement. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of the remaining Disputes in individual arbitration proceedings consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel for the parties) or through another mutually-agreeable process.
A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Filings section of the Arbitration Agreement, including by enjoining the Mass Filing, and the prosecution or administration of arbitrations.
The Additional Procedures for Mass Filings section of the Arbitration Agreement and each of its requirements are essential parts of this Arbitration Agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that this section applies to your Dispute and is not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of this Agreement.
- Opt-out. You have the right to opt out of arbitration by sending your personally signed, written notice of your decision to opt out to the following address: Signify Health, Inc., c/o The Corporation Trust Company, 1209 Orange Street, Wilmington, DE, 19801, postmarked within 60 days of the first time you agreed to terms with Signify that included an arbitration agreement. You must include: (a) your name and residential address; (b) the email address and/or telephone number associated with your account; and (c) a clear statement that you want to opt out of arbitration and seek to have any Dispute addressed in a court of competent jurisdiction consistent with this Agreement. By opting out of arbitration, all other provisions in this Agreement, including the class action waiver and jury trial waiver, remain in effect to the fullest extent permissible by applicable law.
- Severability and Survival. Except as specifically provided in the Arbitration Agreement (e.g., the Additional Procedures for Mass Filings), if any part or parts of this Arbitration Agreement is/are found by a court of competent jurisdiction to be invalid or unenforceable as to your Dispute, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. This Arbitration Agreement will survive the termination of this Agreement.
- Future Changes to Arbitration Agreement. If we make any future changes to this Arbitration Agreement (other than a change to our mailing address), you may reject any such change by sending your personally signed, written notice to the following address: Signify Health, Inc., c/o The Corporation Trust Company, 1209 Orange Street, Wilmington, DE, 19801, postmarked within 30 days of the change. Such written notice does not constitute an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and Signify in accordance with this version of the Arbitration Agreement.
b) Waiver of Jury Trial; Waiver of Class Actions. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND SIGNIFY WAIVE THE RIGHT TO A JURY TRIAL. YOU AND CVS ALSO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN ARBITRATION OR IN LITIGATION IN COURT. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.
Termination
These Terms are effective until terminated by either party. If you no longer agree to be bound by the Terms, you must cease your use of the Applications. Your use of the Applications is at your sole risk. If you are dissatisfied with the Applications, their content, or any of these Terms, your sole and exclusive legal remedy is to discontinue using the Applications.
If you breach any provision of these Terms, then you may no longer use the Applications.
Signify or its suppliers or vendors may at any time and for any reason, with or without cause, and in their sole discretion, immediately:
- suspend or terminate (in whole or in part) your authorization to use the Applications and any membership and account you may have;
- suspend or terminate and permanently delete and destroy any user ID, password, URL, IP address or domain name;
- remove from the Applications and permanently delete and destroy any content (or any components thereof) that you or others may have posted or submitted to the Applications (and for purposes of these Terms, "posted" and "submitted" includes transmission on or through the Internet and in hardcopy format through facsimile or post) for any reason or no reason;
- restrict access to any content posted or submitted to the Applications and to any account you may have; and
- prohibit you from any future use of the Applications; all without any prior notice or liability to you or any other person.
If these Terms are terminated for any reason, then:
- these Terms will continue to apply and be binding upon you in respect of your prior use of the Applications (and any unauthorized further use of the Applications), including payment of any charges accrued in connection with use of the Applications and your indemnification obligations;
- Signify may immediately remove from the Applications and permanently delete and destroy any content that you or others may have posted or submitted to the Applications without any prior notice or liability to you or any other person;
- any fees and charges previously paid by you for unused services will not be refunded; and
- any rights or licenses granted to us under these Terms will survive such termination..
Copyright Infringement Claims: Notice and Take-Down Procedures
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Applications infringe your rights under U.S. copyright law, you (or your agent) may send to Signify a written notice by mail, e-mail or fax, requesting that Signify remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Signify a counter-notice. Notices and counter-notices must be sent in writing and meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/ for details), which, with respect to notices of infringement, currently include, among other requirements, the following:
- Sufficient information identifying the copyrighted work(s) believed to be infringed.
- Sufficient information identifying the allegedly infringing material(s) and the location of such material(s) in order to permit Signify to locate such material(s).
- A statement from the owner (or the owner's authorized representative) of the copyrighted work(s) believed to be infringed that such owner or authorized representative has a good faith belief that the allegedly infringing materials are used in a manner not authorized by the copyright owner, its agent, or the law.
- Contact information for the complaining party, including a mailing address, a telephone number and, if available, an email address.
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the owner (or the owner's authorized representative) of the copyrighted work(s) believed to be infringed.
Notices and counter-notices must be sent in writing to Signify’s DMCA agent as follows:
DMCA Agent, Legal Department
Mail: CVS/pharmacy, c/o Signify Health, One CVS Drive, Woonsocket, R.I. 02895 Mail Code 1160
Email: DMCA@signifyhealth.com
Fax: 401-765-7887
Signify’s DMCA agent can also be reached at the following phone number: 401-765-1500.
Virtual Evaluation Informed Consent and Terms of Use
Informed Consent
These terms apply to Individuals who have agreed to a virtual evaluation. By agreeing to a virtual evaluation through Signify, you acknowledge, agree, understand, and consent to the following:
- You voluntarily request and consent to the receipt of a virtual evaluation by an employed or independently contracted healthcare provider of Signify Health, LLC and/or one or more of its contracted provider group(s) (“Signify”) to evaluate and document your health conditions and diagnoses, coordinate care, and receive related services through an interactive video communication involving the electronic transmission of information referred to as "telehealth" or "telemedicine."
- You acknowledge that because you and the healthcare provider and are not in the same room
- the virtual evaluation may not include all the elements of an in-person evaluation;
- the healthcare provider is relying on the information reported by you to complete the evaluation and may not have sufficient information to document your health conditions and/or diagnoses or otherwise provide recommendations; and
- the healthcare provider providing this virtual evaluation is not your primary care provider or providing direct treatment or clinical care to me and/or prescribing any medications for you and, thus, any subsequent treatment or care should be obtained from your primary care or other direct treating healthcare provider.
- While steps are taken to secure the interactive video communication for this virtual evaluation, there is no guarantee of security and there are potential risks to this technology, including interruptions and disconnections of the audio/video link, unauthorized access, and other technical difficulties.
- You or the healthcare provider can discontinue the virtual evaluation at any time for any reason.
- You can be seen in-person at another time by my primary care provider.
- You can withdraw my consent to this virtual evaluation at any time by providing notice to Signify Health, LLC without affecting your rights to future evaluations or risk of loss or withdrawal of any program or health plan benefits to which I would otherwise be entitled.
- The documentation of this virtual evaluation including, but not limited to, copies of the virtual evaluation records, may be shared with your health plan and primary care provider.
- Signify collects, receives, maintains, uses, and discloses your Protected Health Information (“PHI”) only as permitted or required under applicable law and agreements that it signs with clients. You can request access to your health plan’s notice of privacy practices, which describes and controls how the health plan and its Business Associates, including Signify Health, LLC and/or its contracted provider group(s) may collect and process PHI.
- You can file a complaint against the healthcare provider pursuant to applicable professional board processes accessible on such boards’ websites, and can obtain the healthcare provider’s license number and contact information.
- You have been provided with the opportunity to ask questions about the risks, benefits and any practical alternatives to any services provided and that your questions have been answered to your satisfaction.
Platform Terms
Signify’s preferred platform for virtual evaluations is Doximity. By using Doximity for the virtual evaluation, you acknowledge Doximity’s terms, including SMS terms, which can be found here: https://visit.doximity.com/dialer-video/informed-consent.
General Information
We control the Applications from our corporate offices within the United States of America, and the Applications are not intended to subject Signify to any non-U.S. jurisdiction or law, except Irish law under limited circumstances. By accessing and using the Applications you agree that such access and use is subject to the terms, conditions, and policies of these Terms as well as applicable laws. Our failure to insist upon strict performance of any provision of these Terms shall not be construed as an implicit waiver of any provision or right.
If any part of these Terms is ruled to be unenforceable, then such part shall be severed, with the remainder of the Terms remaining in full force and effect. These Terms constitute the entire agreement between you and Signify governing your use of the Applications. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction.
If you have a question or complaint regarding the Service, please see here for information on how to contact us, or contact us as follows:
Signify Health
4055 Valley View Ln, Suite 700, Dallas, TX 75244
(855) 984-5121
Forward-Looking Statements
The Applications may contain or make available forward-looking statements within the meaning of the federal securities laws. In addition, CVS Health Corporation and its subsidiaries, including Signify, (collectively, "CVS Group"), and its and their representatives may, from time to time, make written or verbal forward-looking statements, including statements contained in CVS Health Corporation's filings with the U.S. Securities and Exchange Commission ("SEC") and in the CVS Group's reports to stockholders, press releases, webcasts, conference calls, meetings and other communications. Generally, the inclusion of the words "believe," "expect," "intend," "estimate," "project," "anticipate," "will," "should" and similar expressions identify statements that constitute forward-looking statements. All statements addressing operating performance of CVS Health Corporation or any subsidiary, events or developments that the CVS Group expects or anticipates will occur in the future, as well as statements expressing optimism or pessimism about future operating results or events, are forward-looking statements within the meaning of the federal securities laws. The forward-looking statements are and will be based upon management's then-current views and assumptions regarding future events and operating performance, and are applicable only as of the dates of such statements. The CVS Group undertakes no obligation to update or revise any forward-looking statements, whether as a result of new information, future events, or otherwise. By their nature, all forward-looking statements involve risks and uncertainties. Actual results may differ materially from those contemplated by the forward-looking statements for a number of reasons as described in CVS Health Corporation's SEC filings, including those set forth in the Risk Factors section of CVS Health Corporation's current Form 10-K filed with the SEC. There can be no assurance that CVS Health Corporation has correctly identified and appropriately assessed all factors affecting its business. Additional risks and uncertainties not presently known to CVS Health Corporation or that it currently believes to be immaterial also may adversely impact the CVS Group. Should any risks and uncertainties develop into actual events, these developments could have a material adverse effect on the CVS Group's business, financial condition and results of operations. For these reasons, you are cautioned not to place undue reliance on the CVS Group's forward-looking statements.
Last Updated: September 22, 2025