1. Acceptance
These Terms of Use (“Terms”) are an agreement between you and the Masters, Mates and Pilots Health & Benefit Plan, the Masters, Mates and Pilots Pension Plan, the Masters, Mates and Pilots Vacation Plan, the Masters, Mates and Pilots Individual Retirement Account Plan, the Masters, Mates and Pilots Adjustable Pension Plan, and the Masters, Mates and Pilots Joint Employment Committee (individually a “Plan” and collectively the “Plans,” "we", "us"). Each Plan is a separate entity, and nothing in these Terms makes one Plan responsible for the obligations of another Plan. By clicking “YES” when prompted, downloading, installing, or using this mobile application you accept the Terms and confirm that you had the opportunity to review them. You may not use the Plans’ mobile application (the “App”) until you do. If you do not accept them, do not use the App.
2. Who May Use The App
The App is made available to participants in the Plans, and to their beneficiaries and authorized representatives, as a service to help them learn about their benefits. You must be 18 or older. You may use the App only for your own benefits or those you are authorized to act on. If you act for someone else (for example, under a power of attorney or as a court-appointed guardian or personal representative), you may use the App on that person’s behalf only after the Plans have received proper documentation of your specific authority, and only to the extent that the Plans permit. You may not use the App to view information about a spouse, domestic partner, dependent or any other person unless the App expressly permits it for that person and Plan requirement(s) for that access have been satisfied.
3. License
We grant you a personal, limited, revocable, non-exclusive and non-transferable license to install and use one copy of the App on a device you own or control, for your own non-commercial use. We keep all other rights.
You may not copy, modify, translate, reverse engineer, decompile or create derivative works from the App, rent, sell, sublicense or distribute it, remove any notice from it, or use it on a jailbroken or rooted device.
4. Plan Documents Control
The App includes information about benefits available to participants in the Plans. The information shown reflects records maintained by the Plans and their service providers as of the time it was last updated. The information reflected in the App may not reflect recent contributions, claims, elections, payments or other pending matters.
If there is any discrepancy between information shown in the App and the Plans’ governing Rules & Regulations (including any trust agreement, participation agreement, or collective bargaining agreement that forms part of it) (the “Rules & Regulations”) or a Summary Plan Description for a Plan, the Rules & Regulations controls. The Rules & Regulations also control over any Summary Plan Description, and each of them controls over the App. Nothing in the App creates a right to a benefit, changes a term/condition in a Plans’ Rules & Regulations or Summary Plan Description, or is a promise of payment. Nothing in the App, and no statement made through or about the App, amends, waives any term of a Plan, or is a determination of eligibility or coverage or the amount of any benefit. Each Plan may be amended or interpreted as its governing documents provide, and benefits are provided only as those documents provide. Amounts, balances and estimates shown in the App are for information only and are subject to verification and correction. If the App shows an amount or other information in error, the Rules & Regulations and the Plans’ records control.
Nothing on the App is meant to interpret or extend or change in any way the provisions expressed in the Rules & Regulation(s) or Summary Plan Description(s). The Plans’ Trustees reserve the right to amend, modify, decrease or discontinue all or part of the Plans whenever, in their judgment, conditions so warrant.
5. Accuracy of Information
The Plans provide the information in the App as a convenience, and it is not a final statement of your benefits. The Plans make reasonable efforts to present accurate and current information on the App. To the fullest extent permitted by law, the Plans are not responsible for any loss caused by your reliance on information in the App that is inaccurate, incomplete or out of date. While the App is periodically updated, no guarantee is given that the information it contains is accurate, complete or up to date. In no event shall the Plan(s) be liable for any special, indirect or consequential damages or any damages whatsoever resulting from any loss of use, data or profits, whether in an action of contract, negligence, tort, or any other theory arising out of or in connection with the use of the App or information available from the App.
All information contained in the App is an estimate, based on current Plan records, and is subject to final verification by the Plan Office at the time of a benefit determination. Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the App. The App may contain technical inaccuracies or typographical errors. The Plans assume no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions in the App. Final benefit eligibility and amounts may differ from the estimates provided for in the App, and all benefits are subject to final determination and verification by the Plan Office. You should alert the Plan Office immediately to any information that is reflected on this App that you believe may be incorrect. Please contact the Plan Office using the contact information provided in Section 21, below, and ask for written confirmation before you take action that depends on it.
6. Your Account and Credentials
You are responsible for keeping your username, password and device secure, and for activity on your account that results from your failure to keep your credentials and device secure. Give accurate information when you register and keep it current. Tell the Plan Office immediately at 410-850-8638 or help@mmpplan.com if you suspect unauthorized use of your account credentials, or a lost or stolen device, so that access can be disabled. Do not share your credentials with anyone, and use the device lock, applicable biometrics and multifactor authentication features the App makes available. Until you notify us, and to the extent permitted by law, the Plans and their service providers may rely on any instruction or information submitted through your credentials as coming from you.
We may refuse, suspend or close an account, or reset credentials, where we believe it is needed to protect the Plans, the App or you.
7. Privacy, Health Information and Security
Our use and disclosure of your personal information, including any protected health information, is described in the Plans’ applicable Privacy Policy and the Notice of Privacy Practices, which are available by logging into the Member Portal (https://members.mmpplans.com) and from the Plan Office. These documents disclose what information we collect, how we use such information and the steps we take to secure such information. By using the App you are consenting to the terms of the Privacy Policy and Notice of Privacy Practices.
Information in the App may include sensitive health, financial and personal information. Please do not leave your device unlocked or unattended, avoid using the App on public or shared devices or unsecured networks, and sign out when you finish. Notifications from the App may appear on your device’s locked screen. Once you download, share, or disclose information out of the App, the Plans can no longer protect it and the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) may no longer apply to it.
8. Acceptable Use
You agree not to:
access, or try to access, any account, record or data that is not yours or that you are not authorized to see;
submit false, misleading or fraudulent information or impersonate any person, including a participant, a beneficiary, the Plans, or a service provider;
interfere with or disrupt the App, its servers or its security, including by scraping, scanning, penetration testing or automated access;
introduce malware or any harmful code; or
use the App in any way that breaks the law or these Terms.
As a condition of your use of the App, you will not use the App for any purpose that is unlawful or prohibited by these Terms, conditions, and notices. You may not use the App in any manner that could damage, disable, overburden, or impair any Plan server, or the network(s) connected to any Plan server, or interfere with any other party’s use and enjoyment of the App. Any use or disclosure of information obtained through the App for any purpose other than the intent of the original distribution is prohibited.
9. Intellectual Property
The App, its content, design, text, graphics, logos and software are owned by or licensed to the Plans and are protected by copyright, trademark and other laws. The App and its content may not be reproduced without the express written permission of the Plans, except that you may download, save and print your own account information for your personal use.
10. Links and Third-Party Services
The App may link to other internet resources. The Plans are not responsible for the accuracy or content of information on those sites, and a link is not an endorsement. Your use of a linked site is governed by that site's own terms and privacy notice. Some features of the App may be provided by the Plans’ service provider(s) (such as recordkeepers, claims professionals and pharmacy benefit managers), and their terms may apply to those features. Information you provide to a linked site or other third-party is not covered by the Plans’ policies and procedures including its Privacy Policy and Notice of Privacy Practices.
11. App Stores
You must also comply with the terms of the store you downloaded the App from, and with any applicable rules of your device platform and mobile carrier, including data charges. You are responsible for any data, messaging or other charges your carrier makes for your use of the App.
12. Availability
The App may be unavailable at times for maintenance, updates or reasons outside our control, including connectivity at sea. We may change, suspend or discontinue any feature, or the App itself, at any time. The App is an optional convenience. You may always obtain information about your benefits and/or claim(s) by other methods described in the Plans’ Rules & Regulations and/or Summary Plan Description by contacting the Plan Office. The unavailability, change or discontinuation of the App (or any version of the App) does not extend, suspend or change any deadline under the Plans’ Rules & Regulations, Summary Plan Description, or applicable law, and does not affect your eligibility for, or the amount of, any benefits you may be entitled to.
13. Not Advice
The App does not give medical, tax, legal, investment or financial advice. Benefit estimates are illustrations, not guarantees. Speak to a qualified professional before making a decision based on anything shown in the App. Benefit estimates, projections and other calculations are illustrations only, are based on assumptions and data that may be incomplete, and are not guarantees of any benefit or investment result. No Trustee of a Plan, fiduciary, or employee of the Plans is recommending any investment, election, or other course of action by making information available in the App.
14. Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION IN THE APP IS PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND AND THE PLAN(S) HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS PROVIDED OTHERWISE, THE PLAN DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.
15. Limitation of Liability
In no event shall the Plans, their Trustees, fiduciaries, officers, directors, principals, employees, successors, assigns, representatives, attorneys or agents be liable for any special, indirect or consequential damages or any damages whatsoever resulting from any loss of use, data, profits, whether in an action of contract, negligence, tort, or other theory, arising out of or in connection with the use of the App or the information available in the App.
Nothing in these Terms limits any right you have to a benefit under the Plans’ Rules & Regulations, or any remedy available to you under the Employee Retirement Income Security Act of 1974 (as amended) (“ERISA”).
16. Indemnity
You agree to indemnify and hold harmless the Plans and their Trustees, fiduciaries, officers, directors, principals, employees, successors, assigns, representatives, attorneys or agents from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses, including reasonable legal fees, arising out of your misuse of the App or your breach of these Terms or of any law.
17. Suspension and Termination
We may suspend or end your access to the App at any time, with or without notice, if you breach these Terms or if we believe it is necessary to protect the Plans, the App or its users. You may stop using the App at any time by deleting it and asking us to close your account. Sections 4, 5, 9, 13, 14, 15, 16, 19 and 20 survive termination.
18. Changes to These Terms
We may update these Terms. The effective date at the top shows the current version, and material changes will be notified in the App or by email as applicable. Continuing to use the App after a change means you accept the updated Terms.
19. Governing Law and Disputes
By accessing the App you agree that the statutes and laws of the United States and the State of Maryland, without regard to any principles of conflicts of law, will apply to all matters relating to use of this App, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the courts of the State of Maryland, USA.
20. General
If any provision of these Terms is held unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms. These Terms are the entire agreement between you and us about the App.
The failure of the Plans to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties nevertheless agree that the court shall endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the App or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these terms are for convenience only and have no legal or contractual effect.
The Terms constitute the entire agreement between you and the Plans governing your use of the App. You acknowledge that in providing you access to and use of the App, the Plans have relied on your agreement to be legally bound by these Terms.
21. Contact
Masters, Mates & Pilots Health &Benefit Plans, 700 Maritime Blvd, Suite A. Linthicum Heights, MD 21090, planoffice@mmpplans.com 410-850-8500