The nxg|PROTECT Biz Services (“Services”) are offered through a group services agreement between the sponsoring financial institution (“Program Sponsor”) and NXG Strategies, LLC (“NXG”), and are extended to Business Members through ownership of one or more covered accounts that meet the requirements established by the Program Sponsor for the Services (“Eligibility Requirement”). Additional information about the Services and the Eligibility Requirement can be found at the Program Sponsor’s website.
A “Business Member” is a business with one hundred (100) or fewer Employees. “Employees” include all full-time and part-time employees of the Business Member. Owners, officers and Employees of the Business Member are collectively referred to as “Group Members” and are entitled to receive access to the Telehealth Plan for urgent care needs.
The “Telehealth Plan” provides Group Members with discounted access to medical professionals (“Providers”) to provision “Telehealth Services” by providing a Service Key and Coupon Code. Telehealth Services include consultations for urgent care needs via website, mobile app, or telephone. Web and mobile consultations include live video consultations, secure text chat, and telephone. Group Members who access the Telehealth Services will be required to read and agree to the Terms of Use statement which applies to the use of the Telehealth Plan and the associated Telehealth Services prior to creating an account where they may schedule a consultation with a Provider or review health records related to their consultation with a Provider.
Access to the Telehealth Plan begins when the Business Member first meets the Eligibility Requirement and ends when the Business Member no longer meets the Eligibility Requirement or when the Program Sponsor terminates the Services, whichever occurs first (“Benefits Period”) . Only Telehealth Services utilized during the Benefits Period will be covered by the Telehealth Plan. The Telehealth Plan is only available in the United States.
The Telehealth Plan is non-transferable and non-cancelable by the Group Member and has no cash equivalent. The use of the Service Key and Coupon Code is limited to the Group Member only.
NXG utilizes American Well Corporation (“American Well”) to deliver the Telehealth Plan to Group Members. NXG itself does not deliver any Telehealth Services. All of the Providers are independent of NXG. The Telehealth Plan is merely providing a discount for access to Telehealth Services, which allows Providers to communicate with Group Members. Any information or advice received from a Provider comes from the Provider, and not from NXG. Group Members’ interactions with the Providers via the Telehealth Services are not intended to take the place of their relationship(s) with their regular health care practitioner(s).
NXG MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED IN THE SERVICES, NOR IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF USAGE, OR OTHERWISE IN CONNECTION WITH ANY SERVICE OR SOLUTION. NXG DOES NOT WARRANT THAT THE SERVICES SHALL OPERATE ERROR-FREE OR UNINTERRUPTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED THROUGH THE SERVICES, ARE PROVIDED TO BUSINESS MEMBERS AND GROUP MEMBERS ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NXG DOES NOT OFFER ANY WARRANTY OF ANY KIND REGARDING THIRD PARTY DATA, SOFTWARE, SYSTEMS OR OTHER TECHNOLOGY.
NEITHER NXG NOR ANY OF ITS LICENSORS OR SUPPLIERS OR ANY THIRD PARTIES WHO PROMOTE THE SERVICES OR PROVIDE GROUP MEMBERS WITH A LINK TO THE SERVICES SHALL BE LIABLE FOR ANY PROFESSIONAL ADVICE OBTAINED FROM PROVIDERS VIA THE TELEHEALTH SERVICES NOR FOR ANY INFORMATION OBTAINED FROM THE TELEHEALTH SERVICES AND NXG EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM THE DELIVERY OF TELEHEALTH SERVICES VIA THE TELEHEALTH PLAN, INCLUDING BUT NOT LIMITED TO LIABILITY FOR MEDICAL MALPRACTICE. BY ACCESSING TELEHEALTH SERVICES VIA THE TELEHEALTH PLAN, GROUP MEMBERS ACKNOWLEDGE THEIR RELIANCE ON ANY PROVIDERS OR INFORMATION PROVIDED BY THE TELEHEALTH SERVICES IS SOLELY AT THEIR OWN RISK AND THEY ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH.
GROUP MEMBERS AGREE TO INDEMNIFY, DEFEND AND HOLD NXG AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS AND THEIR DIRECTORS, OFFICERS, AFFILIATES, SUBCONTRACTORS, EMPLOYEES, AGENTS, AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), CLAIMS, DAMAGES AND LIABILITIES RELATED TO OR ASSOCIATED WITH THE USE OF THE TELEHEALTH PLAN OR TELEHEALTH SERVICES AND ANY ALLEGED VIOLATION BY GROUP MEMBERS OF THESE TERMS. NXG RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION. IN SUCH EVENT, GROUP MEMBERS SHALL PROVIDE NXG WITH SUCH COOPERATION AS NXG REASONABLY REQUESTS.