Terms and Conditions

Last updated: July 15, 2024

Please read these Terms and Conditions (“Terms”) carefully before using the https://member.progyny.com/s/ website and apps (the “Service”) operated by Progyny, Inc. and its affiliates and subsidiaries (“Progyny”, “us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to access the Service.

Privacy and Security

Your privacy is important to us, and we are committed to protecting your information in accordance with applicable laws and regulations, and consistent with our established policies.

The transmission of data over the Internet is not entirely secure. While we will do our best to protect your personal information, we cannot guarantee the security of data that you transmit. Therefore, any transmission of personal information is at your own risk. Once we have received your information, we will use strict procedures, safeguards and security measures to secure your data and to try to prevent any unauthorized access to your information.

Communications

When creating an account on our Service, you can agree to subscribe to newsletters, marketing or promotional materials and other information we may send. Additionally, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Content

All content found on or through this Service, except for information provided by user or their provider, employer, or representative (“Content”) are the property of Progyny. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for commercial personal gain, without express advance written permission from us.

Not a Substitute for Professional Health Care or Advice

We make the Service available for the purpose of providing general information about our products and services, providing access to health-related resources, and providing our members access to their health plan provider and payment information. In some instances, videos are presented by healthcare professionals. Progyny is not a health care provider. The health information contained as part of the Service is general in nature and is not a substitute for professional medical advice for individual or specific conditions. It is not meant to replace the advice of your healthcare providers. If you have specific healthcare needs, please see your healthcare provider. IF YOU THINK YOU MAY BE HAVING A MEDICAL EMERGENCY, CALL 911 OR SEEK MEDICAL ATTENTION AT YOUR NEAREST EMERGENCY DEPARTMENT IMMEDIATELY.

While we make every effort to ensure the Content contained within or accessible by you through the Service is accurate, we make no warranty or representations about the accuracy, reliability, completeness or timeliness of the Content. We will from time to time publish links to third party websites. Content, hyperlinks or information held on those other websites are not under our control. We are not responsible for information provided by health information content providers, third party sites linked to the website, and we do not make any representations regarding the content, its accuracy, timeliness, or any other aspect of any of such information.

Provider Directory

While we make efforts to ensure that our lists of doctors and clinics (“Providers”) are accurate and updated, it is important to understand that the directory is subject to change based on information we receive from our Providers and multiple other data sources. These changes may impact how much you pay out of your own pocket for healthcare services. Please contact your PCA for the latest provider list and any questions regarding providers and your out-of-pocket costs.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Intellectual Property

The Service and its original Content, features and functionality are and will remain the exclusive property of Progyny and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Progyny. Nothing contained in this website should be construed as a license or right of use of any trademark or copyrighted material displayed on the website without the express written permission of the owner of the trademark or copyright.

Feedback and Submissions

Progyny welcomes your comments with respect to the Services. All comments, feedback, or suggestions voluntarily sent by you to Progyny will become Progyny’s property, and you agree that all intellectual property rights therein are transferred to Progyny. Progyny shall own any developments by Progyny or on its behalf arising out of your comments, feedback, suggestions or other submissions, and you disclaim any and all rights therein.

Service Offerings

The service descriptions, if any, provided on this site are not intended to constitute offers to sell or solicitations in connection with any product or service. Not all services are available in all areas and are subject to applicable laws and regulations, and in many instances may be offered only through employers or other plan sponsors. Specific services may not be available in both self-funded and insured forms. Services are provided under the terms of the applicable plan contract, including limitations and exclusions. State mandated provisions can be found here. Anyone interested in a particular service should contact Progyny.

Links to Other Websites

Our Service may contain links to third party websites or services that are not owned or controlled by Progyny. Progyny has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Progyny shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites.

We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.

Termination

We may terminate, temporarily suspend, or permanently prevent your access to your account and bar access to the Service immediately, without prior notice or liability, in our sole discretion, at any time, for any reason whatsoever, and without limitation, including but not limited to a breach of these Terms.

If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Progyny, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use, misuse and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation of Liability

You agree that, to the fullest extent permitted by law, in no event shall Progyny, nor its directors, employees, partners, agents, suppliers, affiliates, or subsidiaries will be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) loss of business; (iii) any conduct or content of any third party on the Service; (iv) any Content obtained from the Service; (v) events beyond our reasonable control; and (vi) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Progyny, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted or available at any particular time or location; b) any errors or defects will be corrected; or c) the outcome of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

Entire Agreement

These Terms, including any documents incorporated into these Terms by reference, constitute the entire agreement between you and us regarding the subject matter of these Terms.

Changes

These Terms are legally binding. We reserve the right, in our sole discretion, to modify or replace these Terms at any time. Revised Terms will be effective immediately upon posting or otherwise notifying you. What constitutes a material change will be determined in our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.