Terms of Service

Highmark · Official agreement

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Charges & Financial Obligations · Restriction or exception

Liability excluded; aggregate cap of $500 if limitation held unenforceable

Neither Highmark nor its officers, directors, employees or agents is liable for any direct, indirect, special, consequential, punitive, exemplary and/or incidental damages of any kind, including lost profits or attorneys' fees, arising from access to or use of the Site or reliance on its information, even if advised of the possibility. The limitation applies to all causes of action in the aggregate, including breach of contract, breach of warranty, negligence, strict liability, misrepresentation and other torts. If that limitation is held unenforceable or inapplicable, Highmark Health Services and its affiliates' aggregate liability shall not exceed $500.

Supporting quotations

NEITHER HIGHMARK NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES OR DISBURSEMENTS) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF HIGHMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT HIGHMARK HEALTH SERVICES AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500).

Qualifications & exceptions

  • Cap applies to Highmark Health Services and its affiliates, not Highmark generally, if the limitation is unenforceable.

Charges & Financial Obligations · Procedure

Each party bears its own costs and fees; arbitrator may award fees; frivolous claims trigger fee award

Each party bears its own costs and attorneys' fees in any arbitration, except as otherwise set forth, and except that the arbitrator may award costs and reasonable attorneys' fees to the prevailing party. If the arbitrator determines a claim or defense was frivolous or brought in bad faith, or that a party's conduct was dilatory, vexatious or otherwise unreasonable, the arbitrator shall award the other party its costs, expenses and reasonable attorneys' fees incurred as a result.

Supporting quotations

Each party shall bear its own costs and attorneys’ fees incurred in any arbitration, except as set forth herein, and except that the arbitrator may, in the arbitrator’s discretion, award costs and reasonable attorneys’ fees to the prevailing party. Notwithstanding the foregoing, if the arbitrator determines that a claim or defense was frivolous or brought in bad faith, or that a party’s conduct during the arbitration was dilatory, vexatious, or otherwise unreasonable, the arbitrator shall award the other party its costs, expenses, and reasonable attorneys’ fees incurred as a result of such conduct.

Qualifications & exceptions

  • Fee award for frivolous/bad-faith conduct is mandatory ("shall award").