Last updated: April 28, 2020
Thanks for using Level! Level is a third party administrator of self-insured benefits. We help employers self-insure dental plans for their employees and families. Level operates a network of dentists, helps design and price plans, processes claims and payments, and assists employees easy-to-use tools and customer support.
Level provides technologies to help employers administer certain health care benefits for their employees. Level also operates Sites and Apps wherein those employees can manage their health care benefits. Nothing contained, expressed or implied in the Services is intended as nor shall be construed as medical advice.
Using the Services. You’re responsible for your conduct. You agree that you will comply with the Terms, including our Acceptable Use Policy. You agree that you will use the Services as intended, and that you will not (i) sell, resell, or lease the Services unless you are authorized by us to do so, or (ii) reverse engineer or decompile the Services, nor attempt nor assist anyone else to do so, unless this restriction is prohibited by law. We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren’t responsible for your or anyone else’s use of the Services.
Applicable Law. You may use our Services only as permitted by applicable law, including export control laws and regulations. Our Services may only be used in the United States of America, and our Apps and Sites may not be used by anyone under the age of 18.
Your Account. If you have an account with us, safeguard your password to the Services, and keep your account information current. Don’t share your account credentials or give others access to your account; you are responsible for any activity on your account. You may not use an email address with the Services that you don’t have the right to use or another person’s email address with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
Connecting a Bank Account. If you choose to connect an account with the Services:
If your employer has chosen us to administer its benefits plan (you’re a “Member”), you must use the Services in compliance with your employer’s terms and policies, and your benefits plan is subject to Your employer’s control. Your employer may be able to restrict or terminate your access to your benefits plan. In addition, there may be times when your employer will receive claims submitted by your Providers because your employer is ultimately responsible for their payment. You hereby grant Level the rights to Your Information that are reasonably necessary for Level to provide the Services to your employer.
If you are a health care provider (a “Provider”) or are accessing Level’s Services on behalf of a Provider:
Accounts and Accessing Information. You agree and represent and warrant that you (i) have the necessary authority to open an account on behalf of the relevant Provider, and (ii) will only access and view the minimally necessary information to provide or receive payment for services provided to individuals.
Licenses. The Provider must have and maintain the applicable professional license or certification in good-standing in order to be paid by Level or use Level Services. If the relevant Provider’s license or certification is, or is threatened to be, revoked, suspended or otherwise limited after you submit a claim (each a “License Event”), you are required to notify Level within five business days of becoming aware of such License Event. You acknowledge and agree that you are solely responsible for ensuring compliance with all laws, regulations and other requirements that govern a Provider’s profession.
Your Information. For the avoidance of doubt, Your Information includes all information, including but not limited to information related to any claim, that is submitted on your behalf to Level or that you submit on behalf of a Provider. You agree that Level may publicly disclose and use any of Your Information that you provide in relation to a directory or which would normally be disclosed to your patients.
If you act as a benefit administrator for an employer that is a Level customer (you’re an “Administrator”), you agree that you will only use the Services that Level makes available to administrators as strictly necessary for the purpose of fulfilling your obligation as an Administrator.
Level’s Property. The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title, or interest in the Services, Other Users’ Content, Level trademarks, logos or other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you, and that such feedback is not confidential.
Possible Infringement. If Level believes the Services infringe or may be alleged to infringe a third party's Intellectual Property Rights, then Level may: (i) obtain the right for Customer, at Level's expense, to continue using the Services; (ii) provide a non-infringing functionally equivalent replacement; or (iii) modify the Services so that they no longer infringe. If Level does not believe the options described in this section are commercially reasonable then Level may suspend or terminate your use of the affected Services.
Copyright Protection. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that anything on the Site or in the Services infringes on a copyright that you own or control you may file a notification of such infringement by emailing firstname.lastname@example.org.
The Services may allow you to download client software (“Software”) which may update automatically, or you may access our Services using our Apps. So long as you comply with the Terms, we give you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software and Apps, solely to access the Services.
The Services may contain links or connections to third party websites or services that are not owned or controlled by Level. Level has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services if (a) you’re in breach of these Terms, (b) you’re using the Services in a manner that could cause a real risk of harm or loss to us or other users, (c) Your Organization’s account is terminated for any reason (if applicable), or (d) for any reason at any time. We may change or suspend the Services at any time. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, LEVEL AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LEVEL DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) ANY DEFECT OR ERROR WILL BE CORRECTED; (C) THE SERVICES WILL BE SECURE AND FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) ANY CONTENT PROVIDED THROUGH THE SERVICES WILL BE CURRENT OR ACCURATE; OR (E) THAT A PARTICULAR PRODUCT, SERVICE OR PROVIDER YOU SEE ON THE SERVICES WILL BE AVAILABLE TO YOU. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.
Limitation on Indirect Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, LEVEL AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR (I) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR (II) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), EVEN IF THE LEVEL KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Limitation on Amount of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, LEVEL’S AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED $100.
You will indemnify, defend, and hold harmless Level from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of any claim by a third party against Level and its Affiliates regarding: (i) Your Information; (ii) your use of the Services; or (iii) your breach of the Terms. Level will promptly notify you of the claim and cooperate with the you in defending the claim. In its sole discretion, Level may choose to defend itself in any claim, all costs of which you will be responsible for paying or reimbursing, including reasonable attorneys fees.
Let’s Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Level, you agree to try to resolve the dispute informally by contacting email@example.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Level may bring a formal proceeding.
Judicial forum for disputes. You and Level agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of New York, New York, subject to the mandatory arbitration provisions below. Both you and Level consent to venue and personal jurisdiction in such courts.
YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
Controlling Law. These Terms will be governed by the law of the state of New York except for its conflicts of laws principles.
Entire Agreement. These Terms constitute the entire agreement between you and Level with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability. Level’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
Assignment. You may not assign any of your rights under these Terms, and any such attempt will be void. Level may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Modifications. We may revise these Terms from time to time. If you don't agree to the updates we make, please stop using the Services. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at firstname.lastname@example.org, P.O. Box 1461, New York, NY 10013.
Last updated: April 28, 2020
We at Level Benefits, Inc. (doing business as Level and Level Administrators, here “Level”, “we” or “us”) take your privacy seriously. We know that we have a lot of information about you and want to be sure that we use it the right way. Please read the following to learn more about how we collect, use, and handle your Personal Information when you use our websites, software, and other services (“Services”).
When you interact with our Services, you may choose to provide personal health information, or we may receive health information about you from or on behalf of health care providers and related healthcare specialists, professionals, or organizations (“Providers”). We are committed to maintaining the confidentiality of your personal health information, and under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), we must take measures to protect the privacy of the protected health information (“PHI”) that we receive from Providers. HIPAA provides specific protections for the privacy and security of PHI and restricts how PHI is used and disclosed. We may only use and disclose your PHI in compliance with HIPAA and the agreements that we have in place with Providers and others.
Information you provide. We collect the content and other information you provide when you use our Services, including information like your name, email address, date of birth, medical information, or social security number when you submit them to us. Certain information may be required to register with us or to take advantage of some of our features. To the extent that you disclose to us any personal information of another individual, you represent that you have obtained such individual’s consent for the disclosure of such personal information, as well as the processing of the same in accordance with the terms of this Policy. You may also choose to provide feedback on our Services or contact us for support, and we will keep a record of that communication.
Information provided about you. If your employer uses Level to administer benefits (you’re a “Member”), we may receive information about you from Providers, your employer, or other third parties involved in providing the Services to you. We maintain claims information, information about prior authorizations that you requested and any other information needed to provide you with the healthcare services that you need. We also receive information about everyone using our Services, and their online activities on and off our websites and apps, from third-party partners, such as analytics from Google.
Things you do. We collect information about how you use our Services or otherwise interact with us. For example, we log the websites you visit before or after our websites and whether you have opened or forwarded our emails.
Device information. We collect information from or about the computers, phones, or other devices you use to access the Services, depending on the permissions you’ve granted. Here are some examples of the device information we may collect:
Cookies and other technologies. We use technologies like cookies and pixel tags in our Services and third party services. For example, cookies help us with things like understanding how you are interacting with our Services, and improving them based on that information. You can set your browser to not accept cookies, but this may limit your ability to use the Services.
Under 13. We do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not attempt to send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us.
Provision of the Services. We use the information we collect to provide, maintain, protect and improve the Services, to develop new ones, and to protect Level and our users. We may also use this information to better provide our Services to you, such as showing relevant Provider options.
Contact. We use your information to send you marketing communications, communicate with you about our Services and let you know about our policies and terms. We also use your information to respond to you when you contact us. If you do not want to receive communications from us, please indicate your preference by contacting us.
Cookies and other technologies. We use information collected from cookies and other technologies, like pixel tags, to improve your user experience and the overall quality of our Services.
Retention. We'll retain information for as long as we need it for the uses described above. We may also keep aggregated data about your Service usage even if we deprecate the Site.
Security. We take reasonable measures, including administrative, technical, and physical safeguards, to protect your information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. Nevertheless, the internet is not a 100% secure environment, and we cannot guarantee absolute security of the transmission or storage of your information.
To provide the Services. You may choose to use our Services to interact with people or organizations other than Level (“Third Parties”), such as Providers or Members. We will share information about you with Third Parties, but only to the extent reasonably necessary to provide the Services.
With Your Consent. We may request your consent to share personal information about you with additional third parties. In some cases, we may request additional consent from you if we think that there is other information that will help us better coordinate your care or better personalize the Services to fit your needs.
Law & Order. We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of Level or our users; or (d) protect Level's property rights.
Aggregated and Non-Personal Information. We may also share with third parties information in a manner that does not identify particular individuals, for example, information that has been aggregated with other records.
Account Settings. Through your account settings, you may access, and, in some cases, edit or delete certain profile information you’ve provided to us. When you update information, however, we may maintain a copy of the unrevised information in our records. The information you can view, update, and delete may change as the Services change.
Deletion. You may request deletion of your account by contacting us. Some information may remain in our records after your deletion of that information from your account. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally and only as permitted by law.
If you have questions or concerns about Level, our Services and privacy, contact us at email@example.com.
You agree not to misuse the Level websites, software, and other services ("Services") or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Services: