The Terms of Use contained herein (“Terms of Use”) govern the use of the RedpointWTP, LLC (“Redpoint”) services described herein (“Services”) and are subject to strict adherence to the following terms and conditions. By accessing, offering and/or using the Services described herein, you agree to be bound by the following terms and conditions:

 

DEFINITIONS.

 

Eligible Employer. An employer offering its employees access to the Services pursuant to these Terms of Use.

 

Dependent Children. A child within the age limits for coverage under the Eligible Employer’s Group Life Plan with Minnesota Life Insurance Company or Securian Life Insurance Company.

 

Designated Representative. Individual as identified to Redpoint by the Traveling Member and/or Eligible Employer as the primary decision maker for the Traveling Member should the Traveling Member be unable to communicate.

 

Eligible Family Member. A spouse or domestic partner of a Traveling Member and/or any Dependent Children, living with the Traveling Member or living elsewhere while a full-time student.

 

Expatriate. A Traveling Member who is on a business trip away from their Permanent Home Residence for more than 90 consecutive days.

 

High Risk Countries. A country on the U.S. Department of State Warning List found at (http://travel.state.gov) or a country that, in Redpoint’s sole discretion, possesses a hazardous, difficult or dangerous environment for Traveling Members.

 

Hospitalized or Hospitalization. Admission to a medical facility on a continuous in-patient basis.

 

Eligible Employee. A current active employee of an Eligible Employer that offers the Services described in this Agreement.

 

Permanent Home Residence. A specific location identified by the Traveling Member in the United States as the Traveling Member’s permanent home residence. This location will serve as a center point for a radius of one-hundred (100) miles to determine whether the individual qualifies for Services. A student studying abroad in the United States does not qualify as having a Permanent Home Residence.

 

Redpoint Contractor. Any contractor, sub-contractor, or other outsourced provider that provides products or Services pursuant to these Terms of Use.

 

Redpoint Operations Center. A 24/7/365 call center staffed with medical and security experts for information and issue resolution, located in San Mateo CA.

 

Security Emergency. An event which causes officials of the Country in which a Traveling Member is traveling or of the United States, to issue, for reasons other than medical, a recommendation that categories of persons which include the Traveling Member, should leave the Country in which a Traveling Member traveling.

 

Travel Companion. A person with whom the Traveling Member is booked to share the same itinerary and who is in the same location as the Traveling Member.

 

Traveling Member. One or more of the Eligible Employees or Eligible Family Members designated by an Eligible Employee who are not Expatriates and who are more than 100 miles from the Permanent Home Residence.

 

  1. Medical Evacuation Services.
    1. Pre-hospital Assistance. To the extent permitted by law and subject to the conditions, exclusions, and limitations of these Terms of Use, Redpoint will coordinate, but not pay, for emergency transportation services to a clinic or medical facility if the Traveling Member needs to be Hospitalized and contacts Redpoint prior to Hospitalization.
    1. Nearest Appropriate. To the extent permitted by law and subject to the conditions, exclusions, and limitations of these Terms of Use, Redpoint will provide, arrange and pay all necessary and ordinary expenses (up to one hundred fifty thousand (US$150,000) dollars) for air, and/or surface transport for a Hospitalized Traveling Member to the nearest appropriate medical facility, as identified by Redpoint, if the Traveling Member is admitted to a facility that cannot provide adequate care, as determined by Redpoint in consultation with the local attending physician. Redpoint reserves the right to determine the mode and timing of transport.
    1. Medically Necessary Repatriation: Following an illness or accident requiring a Traveling Member to obtain further medical treatment or to recover, if medically necessary, Redpoint shall arrange and pay for repatriation of the Traveling Member, i.e., transportation for the Traveling Member from the facility where he or she is receiving medical treatment to his or her Permanent Home Residence (up to one hundred fifty thousand (US$150,000). Transport could be either home or to a medical facility close to home and based on the nature of the patient’s condition. The means and timing of the transportation, and its medical necessity shall be made by a physician designated by Redpoint after consultation with the Traveling Member’s attending physician. It may be used in lieu of Medical Evacuation if the condition of the Traveling Member dictates/permits this and if from a medical perspective this is a reasonable option.
    1. Repatriation may occur after Medical Evacuation and after the Traveling Member is stabilized and treated adequately; also the condition that must persist is the Traveling Member’s need for long term care or rehabilitation.
    2. Repatriation shall not be considered medically necessary if the Traveling Member is initially evacuated to a higher level of care, receives the care he/she needs, is discharged and if the physician designated by Redpoint determines that the Traveling Member can continue his or her trip or can use the original transportation arrangements that he or she purchased.
    3. As part of a Medical Evacuation or Repatriation, Redpoint shall also make all necessary arrangements for ground transportation to and from the hospital, as well as pre-admission arrangements, where possible, at the receiving hospital.
    4. Redpoint shall not reimburse the Traveling Member and/or the provider for transportation and airfare arranged for and/or paid for by said Traveling Member and/or Provider.
    1. Mortal Remains Repatriation. To the extent permitted by law, upon the request of a family member of a Traveling Member and subject to the conditions, limitations and exclusions in these Terms of Use, Redpoint will provide, arrange, and pay (up to one hundred fifty thousand (US$150,000) dollars) for reasonable expenses related to transporting a Traveling Member’s mortal remains from a morgue or hospital to a morgue, funeral home, or mortuary designated by such family member within the United States. Redpoint reserves the right to determine the mode and timing of transport.
    1. Return of Dependent Children. To the extent permitted by law and subject to the conditions, exclusions, and limitations of these Terms of Use, if a Traveling Member is medically evacuated by Redpoint and Hospitalized, Redpoint shall arrange and pay the commercial airfare (up to five thousand ($5,000) dollars) for the return of Dependent Children to the Permanent Home Residence, if such Dependent Children would be left unattended. Redpoint reserves the right to determine the mode and timing of transport.
    1. Family Member Visitation. To the extent permitted by law and subject to the conditions, exclusions, and limitations of these Terms of Use, if a Traveling Member is medically evacuated and Hospitalized for more than seven (7) days Redpoint shall arrange and pay the commercial airfare (up to five thousand (US$5,000) dollars) for one (1) direct family member to visit the Traveling Member. Redpoint reserves the right to determine the mode and timing of transport. Redpoint shall assist family member with hotel and ground transportation if requested, but any costs for such services shall be paid by the family member prior to or at the time of rendering such services.
    1. Transportation of Travel Companion. To the extent permitted by law and subject to the conditions, exclusions, and limitations of these Terms of Use, if a Traveling Member is medically evacuated and Hospitalized, Redpoint shall arrange but not pay for the transportation for one (1) Travel Companion, to the same hospital destination as the Traveling Member. Any costs for such services shall be paid by the Travel Companion prior to or at the time of rendering such services.
    1. Pet Return Services. To the extent permitted by law and subject to the conditions, exclusions and limitations of these Terms of Use, Redpoint shall make commercially reasonable efforts to provide the following service. For a Traveling Member who has been medically evacuated by Redpoint and Hospitalized, Redpoint shall assist with returning domestic pets, which are owned by the Traveling Member and in the same location as the Traveling Member, to the Permanent Home Residence after a Traveling Member has been Hospitalized. Any costs for such services shall be paid by the Traveling Member prior to or at the time of rendering such service. Redpoint’s recommendations of third-party providers shall not necessarily constitute an endorsement of any such service.
    1. Rental Vehicle Assistance. To the extent permitted by law and subject to the conditions, exclusions, and limitations of these Terms of Use, Redpoint shall make commercially reasonable efforts to provide the following service. For a Traveling Member who has been medically evacuated by Redpoint and Hospitalized, Redpoint will provide up to five hundred (US$500) dollars of service towards rental vehicle return to the closest rental facility. Any charges assessed by the rental agency shall be the responsibility of the Traveling Member. Redpoint’s recommendations of third-party providers shall not necessarily constitute an endorsement of any such service.
  1. Security Evacuation Services.
    1. Nearest Safe Area. In the event of a Security Emergency affecting a Traveling Member, to the extent permitted by law and subject to the conditions, exclusions, and limitations in these Terms of Use, Redpoint will advise the Traveling Member and provide, arrange and pay (up to one hundred thousand (US$100,000) dollars) for air and/or surface transport to the nearest safe area. Redpoint reserves the right to determine the mode and timing of transport. Evacuation shall be requested within seven (7) days of the occurrence of any such event. Redpoint shall not be required to provide security evacuation services for any requests after 7 days of any such event. In dangerous regions or situations, Redpoint personnel shall have sole discretion whether or not to provide such security evacuation services and the manner in which they are provided. This service includes full Operations Center access and support.
  1. General Services.

Redpoint shall make commercially reasonable efforts to provide the following services to the extent practicable and permitted by law. The final selection and payment for any such services shall be the sole responsibility of the Traveling Member. Redpoint’s recommendations of third-party providers shall not necessarily constitute an endorsement of any such service. Unless otherwise specified below, any costs associated with such services shall be paid by the Traveling Member prior to or at the time of rendering such services.

    1. Medical Locator / Dispatch Services. Provide Traveling Member with names, addresses and telephone numbers for local hospitals, clinics, medical practitioners and/or physicians.
    1. Transport of Medication and Medical Supplies. Arrange for the transport of medication, medical equipment and other medical supplies.
    1. Transport of Medical Records, Documents and Studies. Arrange for the dispatch of medical records from the Traveling Member’s location to Redpoint or the United States.
    1. Telephonic Interpretation Services. Arrange for telephonic translation services and/or an interpreter. Includes verbal and document translation for the Services provided herein.
    1. Lost Luggage, Passport, and Visa. Arrange for replacement of passport and visa documents. Assist with those pursuing a U.S. J-1 visa. Assist with lost or delayed luggage.
    1. Emergency Message Relay and Counseling. Relay emergency messages to Traveling Member’s family or others designated by Traveling Member. Emergency trauma counseling provided to Traveling Member by Redpoint operations personnel.
    1. Inpatient Medical Expense Guarantee and Payment. Guarantee and/or pay in full up to one hundred thousand (US$100,000) dollars of medical expenses incurred by the Traveling Member at clinics, hospitals and other care facilities, upon receiving guarantee of payment from the Traveling Member. Traveling Member shall be responsible for reimbursing Redpoint for the full amount of any such expenses within seven (7) days of any such payment.
    1. Emergency Cash Advance. Provide emergency cash up to five thousand (US$5,000) dollars to the Traveling Member at Traveling Member’s request. At the time of request, Redpoint shall obtain guarantee of repayment within seven (7) days from the Traveling Member.
    1. Assistance with Insurance Claim Forms. Assist Traveling Member with insurance claim forms relating to services provided to Traveling Member by Redpoint and other providers.
    1. Dental Referrals. Redpoint will make reasonable efforts to provide Traveling Members with names, addresses and telephone numbers for local dental facilities. Redpoint does not guarantee the quality of the dental services nor shall Redpoint be liable for any consequences arising out of the services provided by the dentist. The final selection of the dental services shall be the responsibility of the Traveling Member.
    1. Legal Locator Services. Redpoint will provide Traveling Members with names, addresses, telephone numbers and if requested by Traveling Members and if available, office hours for lawyers or legal practitioners within the area where the Traveling Member is located. Redpoint does not guarantee the quality of the legal advice nor shall Redpoint be liable for any consequences arising out of the services provided by the lawyer or legal practitioner. The final selection of the lawyer or the legal practitioner shall be the responsibility of the Traveling Member.
    1. Bail Bond Referrals. Redpoint will make reasonable efforts to provide Traveling Members with names, addresses and telephone numbers for local bail bond service providers. Redpoint does not guarantee the quality of the bail bond services nor shall Redpoint be liable for any consequences arising out of the services provided by the bail bond service provider. The final selection of the bail bond services shall be the responsibility of the Traveling Member.
    1. Other Services. Through a 24/7/365 hosted website or by calling the Redpoint Operations Center, Traveling Member may receive information at no cost regarding:
      1. security and crime alerts;
      2. political stability;
      3. immunization requirements;
      4. airport and ground transportation;
      5. currency conversion;
      6. time zones; and
      7. weather conditions.
  1. ID Theft Services.

Client shall refer its eligible Traveling Members to Redpoint for the purpose of ID Theft Services. Redpoint and its subcontractors shall assist the Traveling Member who has experienced the loss of travel documents and personal identify documents either through loss or theft. Redpoint and its subcontractors will work with U.S. Embassies, Consulates and other governmental agencies, as well as law enforcement, financial institutions, credit reporting agencies, airlines, and other third parties to replace the documents in an efficient, expedited manner, resolve any fraudulent use of documents, and place appropriate protective measures, where available, on credit accounts, banking accounts, and credit files. Upon the Traveling Member’s return home, Redpoint and its subcontractors will work with the Traveling Member to resolve any residual identity theft or related issues which may occur as a result of the lost documents. Actual cost of replaced documents to be paid by Traveling Member.

  1. Payment.

All payments for services requiring payment by Traveling Member under these Terms of Use are due and payable according to the invoices submitted by Redpoint. Any invoice that is not paid timely shall have added to the invoiced amount a 12% penalty and 10% interest per annum. All fees, charges, and payments, whether paid or due, are non-refundable. Redpoint shall have the right to withhold or terminate provision of the Services, in Redpoint’s sole discretion, should payment not be received in accordance with these Terms of Use.

  1. Limitation of Liability.

In no event shall Redpoint, Redpoint’s officers, employees, directors, managers, shareholders, agents, legal counsel, accountants, guarantors or Redpoint contractors be liable for any direct, indirect, punitive, incidental, special, consequential loss or damages whatsoever as a result of any action or omission by Redpoint or any Redpoint contractor, including, without limitation, any products and services described. Traveling Member and Eligible Family Members acknowledge that receiving the Services provided under these Terms of Use can be extremely risky and agree to absolve, indemnify and hold Redpoint harmless should the Traveling Member or Eligible Family Member suffer any adverse effects, including but not limited to death or dismemberment, as a result of receiving the Services. Redpoint’s maximum liability for any type of damages shall be limited to the fee paid for Redpoint the Services under these Terms of Use in the most recent calendar year.

  1. Force Majeure.

Redpoint shall not be liable for a failure to provide or for a delay in the provision of the Services under these Terms of Use resulting from acts of God or other causes beyond Redpoint’s control.

  1. Unnecessary Utilization.

Traveling Member shall be required to reimburse Redpoint for Services under these Terms of Use that are utilized, at the request of the Traveling Member or Designated Representative, by persons who do not qualify for Services under these Terms of Use.

  1. Survival of Claims.

Any and all legal actions and claims arising under these Terms of Use against Redpoint, its officers, directors, employees, or agents shall be barred unless written notice thereof is received by Redpoint within one (1) year of the date of discovery of the event giving rise to such action or claim by a claimant.

  1. Authorization to Share Information and Informed Consent.

Traveling Member acknowledges that Redpoint and/or any Redpoint Contractor shall need written authorization from Traveling Member or Traveling Member’s Designated Representative for the release of any and all confidential information relevant for the successful performing of Redpoint’s Services, including but not limited to, financial information, patient medical records, histories, examinations and tests, medical images including photographs, x-rays or other images, output data from medical devices, and sound and video files (“Personal Information”). Redpoint shall not be obligated under any circumstances to provide Services under these Terms of Use if Redpoint is not able to receive written authorization in accordance with this section.

  1. Consent to Transport and Treatment.

Traveling Member acknowledges that Redpoint and/or any Redpoint Contractor shall require Traveling Member or Traveling Member’s Designated Representative to complete all necessary Redpoint release forms, waivers and other appropriate documentation prior to receiving Services under these Terms of Use from Redpoint. Traveling Member understands that medical care, including emergency care, may be initiated during transport by Redpoint and/or Redpoint Contractors should such care become necessary in the professional judgment of Redpoint and/or the Redpoint Contractors. Redpoint shall not be obligated under any circumstances to provide Services if Redpoint are not able to receive completed documentation in accordance with this section.

  1. Confidentiality Information.

Traveling Member and Redpoint acknowledge that by reason of their relationships to the other parties (each either a “Disclosing Party” or a “Receiving Party”) hereunder, the Receiving Party will have access to certain information and materials, including the terms of these Terms of Use, concerning the Disclosing Party’s business, plans, technology, products, employees, clients, and Services that are confidential and of substantial value to the Disclosing Party, which value would be impaired if such information were disclosed to third parties (“Confidential Information”). The Receiving Party agrees that it shall not use in any way for its own account or the account of any third party, nor disclose to any third party, other than on a need to know basis consistent with performing the Services contemplated in these Terms of Use, any such Confidential Information revealed to it by the Disclosing Party. The Receiving Party shall take every reasonable precaution to protect the confidentiality of Confidential Information. Upon request by the Receiving Party, the Disclosing Party shall advise whether or not it considers any particular information to be Confidential Information. The Receiving Party shall not publish any description of the Disclosing Party’s Confidential Information beyond any descriptions published by the Disclosing Party. In the event of expiration or termination of these Terms of Use, there shall be no use or disclosure by the Receiving Party of any Confidential Information of the Disclosing Party, and the Receiving Party shall not develop services utilizing the Disclosing Party’s Intellectual Property.

  1. Designated Representative.

In the event that a Traveling Member is unable to make decisions, Redpoint will attempt to contact the Traveling Member’s Designated Representative, as identified to Redpoint, for purposes of making decisions on behalf of Traveling Member in regards to any items or Services set forth in these Terms of Use.

  1. General Exclusions.

In accordance with these Terms of Use, Redpoint shall not be under any obligation to pay for or provide any items or services not explicitly set forth herein, including, but not limited to any hospital or medical expenses of any kind or nature. The final selection and payment for any such services not arranged and provided by Redpoint shall be the sole responsibility of the Traveling Member. All hospital and medical expenses shall be the sole responsibility of the Traveling Member.

  1. Fraudulent Statement.

If a Traveling Member or the Traveling Member’s Designated Representative makes any fraudulent statement or materially misrepresents or conceals a material fact, Redpoint, in its sole discretion, may suspend or terminate performing the Services under these Terms of Use and require payment in full for Services rendered to the Traveling Member. Redpoint’s failure to immediately suspend service and or terminate these Terms of Use and require payment shall not constitute a waiver nor preclude Redpoint from doing so at a later time.

  1. Amendment.

No modification, amendment, or waiver of any provision of these Terms of Use shall be effective unless in writing and signed by both parties. No failure or delay by either party in exercising any right, power, or remedy under these Terms of Use shall operate as a waiver of any such right, power, or remedy.

  1. Governing Law and Jurisdiction.

These Terms of Use shall be governed by the laws of the State of Delaware and adjudicated in the State of Delaware. The prevailing party shall be entitled to be reimbursed reasonable attorney’s fees and other costs as decided by a court of competent jurisdiction.

  1. All Terms of Use.

These terms represent all Terms of Use and supersede any representation, written or oral, occurring before the date of these Terms of Use.

  1. Notifications and Invoices.

All notifications and invoices sent or received shall be sent by certified mail, return receipt requested, or by fax or e-mail.

  1. Time and Employee Verification.

All parties recognize that timing is important both for the providing and receiving of Services under these Terms of Use. Both agree to use their best efforts to facilitate rapid provision and receipt of Services under these Terms of Use by acting expeditiously. Redpoint shall not be held liable for any delay of service or damages caused by the failure of an Eligible Employer to have a point of contact available to verify a Traveling Member’s ligibility for Services.

  1. Limitations.
    1. Redpoint reserves the right to determine, in its sole discretion:
    1. Whether a Traveling Member’s condition is sufficiently serious to warrant transport and/or Services under these Terms of Use and;
    2. The mode of transport.
    1. Redpoint shall not be under any obligation to provide more than one (1) such transport to any Traveling Member in any twelve (12) month period. Redpoint shall not be under any obligation to provide transport and/or Services under these Terms of Use to a Traveling Member or mortal remains if, in Redpoint’s sole discretion:
    1. The Traveling Member is not reasonably accessible or cannot be transported safely;
    2. The Traveling Member is located in a region that is not safely accessible;
    3. The Traveling Member has a contagious or infectious disease which would endanger the Traveling Member, those in contact with the Traveling Member or whose transport is prohibited by law;
    4. The Traveling Member’s primary diagnosis is psychiatric in nature;
    5. The Traveling Member’s condition is self-inflicted;
    6. The Traveling Member has committed or is accused of committing a criminal act;
    7. The Traveling Member was on an organ transplant list at the time such Traveling Member embarked on his or her trip and such transport is related to such transplant;
    8. The Traveling Member is Hospitalized due to circumstances that were diagnosed or treated within forty-five (45) days prior to traveling, or for which symptoms existed which would cause an ordinarily prudent person to seek such diagnosis or treatment;
    9. The Traveling Member’s condition is a result of nuclear reaction or radioactive contamination, or the Traveling Member has been exposed to ionizing radiation or radioactivity from irradiated nuclear fuel which would endanger the Traveling Member, those in contact with the patient or whose transport is prohibited by law;
    10. The Traveling Member is traveling against the advice of a Physician, while waiting for treatment, or is traveling for the purpose of obtaining medical treatment;
    11. The Traveling Member is beyond her second trimester of pregnancy;
    12. The Traveling Member is engaged in an armed conflict, as a member of any army, guerilla, terrorist or other armed force, or is serving in a security function in any capacity;
    13. The Traveling Member has a condition caused by the intentional ingestion and/or overdose of a controlled or banned substance, or is Hospitalized due to the use of drugs or intoxicants not prescribed by a physician;
    14. The Traveling Member failed to maintain immigration, work residence or similar visas, permits, or other documentation;
    15. The Traveling Member is traveling above the Arctic Circle parallel north or below the 60th parallel south.
  1. Services Maximum.

In addition to the limits placed in these Terms of Use, the cost of the Services under these Terms of Use provided by Redpoint to all Traveling Members who are eligible to utilize the Services under these Terms of Use shall be limited to $2,000,000 in aggregate during each year of the term of the Services Agreement between Redpoint, Minnesota Life Insurance Company and Securian Life Insurance Company (the “Services Maximum”). The Services Maximum shall not include any costs for which Redpoint issues an invoice pursuant to the Payment Section of these Terms of Use. If these Terms of Use are shortened for any reason, the Services Maximum shall be prorated for the shortened year. Prior to Redpoint providing Services under these Terms of Use with costs in excess to the maximum amounts stipulated in these Terms of Use, Redpoint shall notify a Traveling Member of the approximate costs and the Traveling Member shall approve such costs. If the Traveling Member fails to approve and pay costs which exceed the maximum amounts, Redpoint shall not be obligated to provide the Services under these Terms of Use which incur these costs.

  1. Provision of Services Under These Terms of Use.

The Services under these Terms of Use are provided by and are the sole responsibility of Redpoint.

  1. Services May Be Discontinued.

No representation or warranty is made regarding the length of time the Services under these Terms of Use may remain available.