Please read these terms and conditions of use carefully before using or obtaining any materials, information, products or services through this site. The terms “HealthCare.com”, “us”, “we” or “our” refer to HealthCare, Inc., a Delaware corporation. The following terms and conditions (the “Terms” or the “Agreement”) form a binding agreement between you and us.
Acceptance of Terms
By accessing, using or obtaining any content, data, materials, information, products or services through the www.healthcare.com website (the “Website”), you agree to be bound by these terms and conditions (“Terms”). If you do not accept all of these terms, then you may not use the Website. We recommend you print out a copy of these terms and conditions for your future reference.
BY USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE EITHER: (A) OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT; OR (B) THE PARENT OR LEGAL GUARDIAN OF A CHILD UNDER THE LEGAL AGE TO ENTER INTO THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THIS AGREEMENT ON BEHALF OF YOUR CHILD. If you are the parent or legal guardian of a child under the legal age necessary to enter into this Agreement, then, as used in this Agreement, “you,” “yourself,” “your,” and “user” means and refers to you on behalf of yourself and your child who is the user of the Website.
We built HealthCare.com to be an online resource for consumers seeking to make health insurance and other healthcare purchase decisions. We provide search, comparison and other tools to help consumers make smarter choices about their healthcare expenditures. Some of our visitors may, in addition to browsing through www.healthcare.com, elect to ask us questions about the purchase of health insurance or healthcare product/services, or find an insurance company that can address their needs.
We gather information from a variety of data sources including the government, nonprofit and leading commercial resources. You agree that HealthCare.com is in no way responsible for the accuracy, timeliness or completeness of any information it may display or provide.
While HealthCare.com provides you the opportunity to receive insurance quotations from our network of service providers, HealthCare.com is not a health insurer and does not provide any of the products or services advertised on the Website. We may provide Website users with the opportunity to submit requests for information on a wide variety of products and services offered by certain service providers (each such service provider, a “Service Provider”; each such request, a “Request”). Once you provide us with the information required on our form, we attempt to match you with Service Providers to help you acquire the type of product or service you are seeking. We are not an insurance carrier and do not act as an insurance agent or broker on the Website, and hence, we do not issue insurance contracts or bind coverage ourselves, nor do we endorse or recommend any companies or specific types of insurance policies.
HealthCare.com provides the content appearing on the Website (the “Website Content”) solely for your convenience and informational purposes, and such Website Content (i) is not intended as a substitute for professional or financial advice; (ii) should not be construed as the provision of professional advice or recommendations; and (iii) should not be relied upon as the basis for any decision or action, including without limitation the diagnosis or treatment of any health problem, the eligibility for or appropriateness of any benefit or service, or the making of a financial decision. We are not responsible for the accuracy or reliability of any Website Content, or for expenses, losses or damages (financial or otherwise) incurred by relying upon the information presented here. The information and features included in this Website have been compiled from a variety of sources for informational purposes, and are subject to change at any time without notice. This Website and all information it contains are provided “AS IS.”
By accessing or linking to this Website, you assume the risk that the information on this Website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any Website Content available through the Website. The relationship between you and us is not a professional or similar relationship; always seek the advice of a qualified professional with respect to any questions that you may have, and never disregard professional advice or postpone seeking it because of something that you have read on the Website. We neither recommend nor endorse any specific products, services, opinions, or other Website Content that may be made available through or mentioned on the Website.
The Website may provide links to other websites and online resources. Because we have no control over such sites and resources, you acknowledge and agree that HealthCare.com is not responsible for the availability of such external sites or resources, and that HealthCare.com neither endorses nor is responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Additionally, other websites may provide links to the Website with or without our authorization. You acknowledge and agree that HealthCare.com does not endorse such sites, and is not and shall not be responsible or liable for any links from those sites to the Website, or any expenses, losses or damages (financial or otherwise) incurred in connection therewith.
In submitting a Request to us, you agree to allow us to refer all of the information that you provide in connection with your request to Service Providers. If any Service Provider(s) wish to provide information to you in connection with your Request, you will be contacted regarding the offerings and related pricing. We request that the Service Providers make contact with you via the preferred medium that you have listed, but this does not prevent such Service Providers from contacting you by any other means that they deem appropriate. In working with Service Providers, we seek to work with companies that are reputable, professional and can service the needs of our users. However, we strongly recommend that you perform your own due diligence and research on each potential Service Provider prior to selecting or entering into any agreement or arrangement with any particular Service Provider. In addition, once we refer your request to the Service Providers in the Service Provider network, we have no further involvement in, or responsibility for, any transactions that occur between you and the Service Provider(s). We are not responsible or liable for ANY expenses, losses or damages (financial or otherwise) incurred in any such transactions or Service Provider’s acts or omissions (including, without limitation, with respect to any quotes or services that any such Service Provider may provide, for such Service Provider’s contact or delay or failure to contact you, for such Service Provider’s performance or failure to perform, or for any agreement or transaction between you and any such Service Provider. We cannot and do not guarantee that these Service Providers will provide information for every Request received or that the Service Providers who do respond to your Request can in fact meet your requirements. We may reject any Request and / or elect not to forward a Request to participating Service Providers, at our sole discretion.
HealthCare.com’s display on or through the Website of healthcare, health insurance products or service options offered by third parties does not in any way imply, suggest, or constitute any sponsorship or approval of HealthCare.com by any such Service Provider or any affiliation between any such Service Provider and HealthCare.com. HealthCare.com’s display of specific options does not suggest a recommendation by HealthCare.com of the Service Providers or their product/service options. You agree that HealthCare.com is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these Service Providers. Your interaction with any Service Providers accessed through the Website is at your own risk, and HealthCare.com will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such Service Providers or for any expenses, losses or damages (financial or otherwise) resulting from your interactions with the Service Providers.
Healthcare.com may provide links to third-party web sites. Healthcare.com also may select certain sites as priority responses to search terms you enter and Healthcare.com may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Healthcare.com does not recommend and does not endorse the content on any third-party websites. Healthcare.com is not responsible for the content of linked third-party sites, sites framed within the Healthcare.com Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Healthcare.com does not endorse any product advertised on the Healthcare.com Site.
- You agree not to use the Website for illegal, unauthorized, harmful, misleading, fraudulent or other malicious purposes or to post, disseminate or communicate any unlawful, defamatory, obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter or for the transmission of material that contains viruses or other malicious code, or that which infringes or may infringe the intellectual property, privacy or other rights of another.
- You agree not to engage in excessive usage of the Website, as determined by HealthCare.com in its sole discretion, including usage that adversely affects the speed, responsiveness or functionality of the Website, or disrupts the availability of the Website for other users.
- You agree not to take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure.
- You agree not to attempt to damage, deny service to, hack, crack, reverse engineer or otherwise interfere with the Website in any manner.
- You agree not to interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website.
- You agree not to upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
- You agree not to modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website.
- You agree not to create a database by systematically downloading and storing all or any Website content.
- You agree not to use any robot, spider, Website search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without our express prior written consent. Notwithstanding the immediately foregoing sentence (but subject to the other items listed above), we grant the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases, at any time.
Disclaimer of Warranties
The Website is provided “AS IS” and you assume any and all liability for using the Website and its services. HealthCare.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. HealthCare.com makes no warranty, and expressly disclaims any obligation, that: (a) the Website will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (b) the Website Content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances; (c) the results that may be obtained from the use of the Website or any services offered through the Website will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained by you through the Website will meet your expectations.
Limitation of Liability
We (together with our officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for (a) any damages to or viruses that may infect your computer equipment or other property as the result of your access to the Website, your downloading of any Website Content or (b) any injury, death, loss, claim, act of God, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of the Website or the Website Content; (ii) any failure or delay (including without limitation the use of or inability to use any component of this Website); or (iii) the performance or non-performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party. Some states do not allow the limitation of liability, so the limitations above may not apply to you.
YOU AGREE THAT HEALTHCARE.COM’S ENTIRE LIABILITY AND YOUR SOLE REMEDY FOR ALL CLAIMS SHALL BE LIMITED, IN THE AGGREGATE, TO USD $150.00.
YOU ACKNOWLEDGE AND AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF, RELATING TO, OR CONNECTED WITH YOUR USE OF THE WEBSITE OR ITS SERVICES, MUST BE FILED WITHIN ONE (1) CALENDAR YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR FOREVER BE BARRED.
You agree to indemnify, defend, and hold harmless HealthCare.com, its affiliates and their respective present, former and future officers, directors, employees and agents, and their respective heirs, legal representatives, successors and assigns from and against any claim, demand, loss, damage, cost, or liability (including amounts paid in settlement and reasonable attorneys’ fees) arising out of or relating to:
- Any content you submit, post, transmit, or make available through the Website or its services;
- Your use or misuse of the Website;
- Your breach or alleged breach of these Terms; or your violation of any rights (including intellectual property rights) of a third party.
All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of the Company and protected by United States and international copyright laws. All software used on this site is the property of the Company or its software suppliers and protected by United States and international copyright laws.
For notices of claims of copyright infringement, please contact our designated copyright agent:
- Copyright Agent
- HealthCare, Inc.
- 3250 NE 1st Avenue, Suite 915
- Miami, FL 33137
- Email: firstname.lastname@example.org
- Fax: 305-400-0817
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Website and services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of these Terms. We reserve all rights that are not explicitly granted to you in this Agreement.
HealthCare.com trademarks, logos, service marks, images, trade names, designs, page headers, button icons, scripts and other distinctive branding features used in connection with the services are the trademarks, service marks or trade dress of HealthCare.com and may not be copied, imitated, or used, in whole or in part, without the prior written permission of HealthCare.com.
- HealthCare.com makes money when we allow a Service Provider, typically an insurance company or licensed broker, to help you with an insurance inquiry. We ourselves do not sell insurance.
- Information entered into the Website to request assistance with insurance shall be shared with only with Service Providers. This information shall not be shared with other companies and shall not be used for general marketing purposes.
Governing Law & Arbitration
This Agreement shall be governed by the laws of the State of Florida without giving effect to any principles that may provide the application of the law of another jurisdiction. Any controversy or claim arising out of or relating to this Agreement, including any controversy or claim involving a third party with whom information you have entered into the Website has been shared (but only to the extent such third party consents to arbitration of such controversy or claim)shall be settled by binding arbitration before a single arbitrator in accordance with the JAMS Streamlined Arbitration Rules. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Miami, Florida and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
If either HealthCare.com or you want to arbitrate a dispute, HealthCare.com and you each agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. HealthCare.com and you each agree to make attempts to resolve this dispute within forty-five (45) days of receipt of the notice to arbitrate. Thereafter, either HealthCare.com or you may submit the dispute to formal arbitration.
Both you and HealthCare.com each agree not to pursue arbitration on a consolidated or classwide basis, including any arbitration involving a third party with whom information you have entered into the Website has been shared. Both you and HealthCare.com each agree that any arbitration will be solely between you and HealthCare.com and/or, where applicable, a third party with whom information you have entered into the Website has been shared (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator hold that this restriction in unconscionable or unenforceable, then this agreement to arbitrate does not apply and the dispute must be brought in court.
TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. We may modify these Terms, at any time, by posting notice thereof on the Website. Your continued use of the Website following the posting of notice of any modification will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with the Website, your only recourse is to immediately terminate use of the Website. Other terms and conditions may apply to your purchases of healthcare products/services through the Website, the Service Providers’ websites, and to your use of other portions of the Website. You will observe these other terms and conditions. If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between us relating to your use of the Website. You acknowledge that you have read and understood these Terms, and that these Terms have the same force and effect as a signed agreement.
We appreciate your feedback. Please email us at email@example.com.
Last Modified: September 9, 2014
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