TERMS OF USE
Acceptance of Terms
The websites located at Healthcare-Insurance.com, is a copyrighted work belonging to HCI Compare LLC. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY OR OTHER PERSON THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY OR OTHER PERSON THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD OR DO NOT RESIDE IN THE UNITED STATES OF AMERICA. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 11.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. Background; Certain Required Information
1.1 Background. We built Healthcare-Insurance.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 the Site, elect to ask us questions about the purchase of health insurance or healthcare products or 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-Insurance.com is in no way responsible for the accuracy, timeliness or completeness of any information it may display or provide. While Healthcare-Insurance.com provides you the opportunity to receive insurance quotations from our network of service providers (such service providers and any lead aggregators or other third parties to whom your Information (as defined in our Privacy Policy) may be sold or transferred are together, “Network Partners”), Healthcare-Insurance.com is not a health insurer and does not provide any of the insurance products or services advertised on the Site. We may provide users with the opportunity to submit requests for information on a wide variety of products and services offered by certain Network Partners (each such request, a “Request”). Once you provide us with the information required on our forms, we attempt to match you with Network Partners 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 Site, 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.
1.2 Provision of Information. In order to access or use certain features or services offered on the Site, you must provide certain information about yourself as prompted by the webforms displayed to you. You represent and warrant that: (a) all required information you submit is truthful and accurate; (b) you are the person described in such information or, if not, you are lawfully authorized to provide such Information and to give the consent of the person described in such information, including consent to be contacted as required by the Telephone Consumer Protection Act of 1991 47 U.S.C. 227 (“TCPA”); and (c) you will maintain the accuracy of such information. Healthcare-Insurance.com may suspend or terminate your access to the site and /or any services made available on the Site in accordance with Section 9. If you access the Site on behalf of another person then “you”, “yourself”, “your” and “user” means and refers to you on behalf of yourself and you on behalf of such other person.
2. Access to the Site
2.1 License. Subject to these Terms, Healthcare-Insurance.com grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.
2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
2.3 Modification. Healthcare-Insurance.com reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Healthcare-Insurance.com will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
2.4 No Support or Maintenance. You acknowledge and agree that Healthcare-Insurance.com will have no obligation to provide you with any support or maintenance in connection with the Site.
2.5 Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Healthcare-Insurance.com or Healthcare-Insurance.com's suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Healthcare-Insurance.com and its suppliers reserve all rights not granted in these Terms. You further agree and acknowledge that (i) Healthcare-Insurance.com will own any Information (as defined in Healthcare-Insurance.com's Privacy Policy) you provide when accessing the Site or using the services made available on the site or that Healthcare-Insurance.com otherwise obtains in connection with your access to and use of the Site and the services; and (ii) Healthcare-Insurance.com may deal with such Information in any manner including selling such Information to Healthcare-Insurance.com's Network Partners provided, however, that Healthcare-Insurance.com's use of such Information must be compliant with the Healthcare-Insurance.com Privacy Policy and these Terms. There are no implied licenses granted under these Terms.
2.6 Requests. 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 our Network Partners. If any Network Partner(s) wish to provide information to you in connection with your Request, you will be contacted regarding the offerings and related pricing. We may request that the Network Partners make contact with you via the preferred medium that you have listed, but this does not prevent such Network Partners from contacting you by any other means that they deem appropriate. In working with Network Partners, 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 Network Partner prior to selecting or entering into any agreement or arrangement with any particular Network Partner. In addition, once we refer your request to the Network Partners, we have no further involvement in, or responsibility for, any transactions that occur between you and the Network Partner(s). We are not responsible or liable for ANY expenses, losses or damages (financial or otherwise) incurred in any such transactions or Network Partner's acts or omissions including, without limitation, with respect to any quotes or services that any such Network Partner may provide, for such Network Partner's contact or delay or failure to contact you, for such Network Partner's performance or failure to perform, or for any agreement or transaction between you and any such Network Partner. We cannot and do not guarantee that the Network Partners will provide information for every Request received or that the Network Partners 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 Network Partners at our sole discretion.
3. Privacy
Your use of the Site, and any Information you provide to us while using the Site, is subject to our Privacy Policy. By using the Site, you consent to the use of your Information as we outline in our Privacy Policy. If we connect you with a Network Partner through the Site or a phone number displayed on the Site, or by any other means, you accept that:
3.1 Healthcare-Insurance.com makes money when we allow a Network Partner, for example, an insurance company or licensed broker, to help you with an insurance inquiry or when we sell your Information to a Network Partner. We ourselves do not sell insurance.
3.2 Our Privacy Policy governs anything you do on the Site and the applicable Network Partner's privacy policy governs anything you do (e.g. discuss insurance) with such Network Partner.
3.3 Healthcare-Insurance.com's display on or through the Site 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 by Healthcare-Insurance.com of any such third party (including any Network Partner) or any affiliation between any such third party and Healthcare-Insurance.com. Healthcare-Insurance.com's display of specific options does not suggest a recommendation by Healthcare-Insurance.com of the Network Partners or their product/service options. You agree that Healthcare-Insurance.com is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from the Network Partners or elsewhere. Your interaction with any Network Partners accessed through the Site is at your own risk, and Healthcare-Insurance.com will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such Network Partners or for any expenses, losses or damages (financial or otherwise) resulting from your interactions with the Network Partners.
3.4 If we display the telephone number of a Network Partner, transfer your phone call to a Network Partner, or link to a Network Partner's website, any and all contact with such Network Partner is undertaken at your own risk. You, not Healthcare-Insurance.com, are responsible for any personal information you provide to another company and we recommend as a general practice that you read a company's privacy policy prior to sharing any personal information.
4. User Content
4.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., a user's postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 4.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Healthcare-Insurance.com. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Healthcare-Insurance.com is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
4.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to Healthcare-Insurance.com an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
4.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
(a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
4.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your access to or use of the Site and/or services made available on the Site in accordance with Section 9, and/or reporting you to law enforcement authorities.
4.5 Feedback. If you provide Healthcare-Insurance.com with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Healthcare-Insurance.com all rights in such Feedback and agree that Healthcare-Insurance.com shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Healthcare-Insurance.com will treat any Feedback you provide to Healthcare-Insurance.com as non-confidential and non-proprietary. You agree that you will not submit to Healthcare-Insurance.com any information or ideas that you consider to be confidential or proprietary.
5. Indemnification.
You agree to indemnify and hold Healthcare-Insurance.com (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Healthcare-Insurance.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Healthcare-Insurance.com. Healthcare-Insurance.com will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
6. Our Content; Third-Party Links & Ads; Other Users
6.1 Our Content. Healthcare-Insurance.com provides the content appearing on the Site solely for your convenience and informational purposes, and such Site 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 Site content, or for expenses, losses or damages (financial or otherwise) incurred by relying upon the information presented on the Site. The information and features included in the Site have been compiled from a variety of sources for informational purposes, and are subject to change at any time without notice.
6.2 No Professional Advice. By accessing or linking to the Site, you assume the risk that the information on the Site 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 content available through the Site. 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 Site. We neither recommend nor endorse any specific products, services, opinions, or other content that may be made available through or mentioned on the Site.
6.3 Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Healthcare-Insurance.com, and Healthcare-Insurance.com is not responsible for any Third-Party Links & Ads. Healthcare-Insurance.com provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
6.4 Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that Healthcare-Insurance.com will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
7. Disclaimers
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND Healthcare-Insurance.com (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Healthcare-Insurance.com (OR OUR NETWORK PARTNERS OR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF Healthcare-Insurance.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED FIFTY US DOLLARS (U.S. $150). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT OUR NETWORK PARTNERS AND SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. Term and Termination.
Subject to this Section, these Terms will remain in full force and effect while you use the Site or any services offered on the Site. For avoidance of doubt, these terms will apply to any interaction you may have with our Network Partners after using the Site or services offered on the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Site will terminate immediately. You understand that we may delete your User Content in connection with any termination of your rights under these Terms. Healthcare-Insurance.com will not have any liability whatsoever to you for any termination of your rights under these Terms, including for deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.6 and Sections 4 through 11.
10. General
10.1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice or posting of the revised terms on the Site will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
10.2 Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Healthcare-Insurance.com and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) If, for some reason, a Dispute (defined below) arises (i) between you and Healthcare-Insurance.com; and/or (ii) between you and any of our Network Partners in connection with your use of the Site, you, Healthcare-Insurance.com and each of Healthcare-Insurance.com's Network Partners agree to try and resolve such Dispute in good faith. If the Dispute cannot be resolved, you, Healthcare-Insurance.com and/or each of Healthcare-Insurance.com's Network Partners (who have provided their separate agreement to arbitrate any Disputes) agree that we will resolve the Dispute through individual binding arbitration in a non-representative capacity.
(b) Mandatory Arbitration and Waiver of Class Action
(i) Instead of suing in court, you, Healthcare-Insurance.com and each of Healthcare-Insurance.com's Network Partners are waiving the right to a trial by jury or to participate in a class action or representative action. You agree that, by entering into this Agreement, you, Healthcare-Insurance.com and each of Healthcare-Insurance.com's Network Partners are waiving the right to a trial by jury or to participate in a class action or representative action. This agreement to arbitrate is intended to be broadly interpreted and expressly includes any claims brought under or in connection with the TCPA.
(ii) In arbitration, there is no judge or jury. Instead, a neutral third-party arbitrator resolves disputes in a less formal process than in court. In arbitration, there is limited discovery and a court review of the arbitrator's decision is limited. However, just as a court would, the arbitrator must follow the terms of the Agreement, and can award damages and relief, including attorney's fees authorized by law.
(c) Disputes include but are not limited to any claims or controversies against each other or in any way arising out of your use of the Site or our services or the agreement between us, including our or our Network Partners use of Information provided by you, attempts made to contact you by us or our Network Partners or calls, emails, text messages or faxes you actually receive from us or our Network Partners, our policies, and contract practices and service, privacy or advertising claims, even if the claim arises after your use of the Site or the services offered on the Site has terminated. Disputes also include, but are not limited to, claims that: (a) you or an authorized or unauthorized user of the services or Site bring against our employees, agents, affiliates, or other representatives; (b) you bring against a third party, such as a Network Partner, that are based on, relate to, or arise out of in any way our services or the agreement between us, but only to the extent we are or become a named party in such dispute; or (c) that we or our Network Partners bring against you, but only to the extent we are or become a named party in such dispute. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of the foregoing matters whether based in contract, tort, statute (expressly including any claims under or in connection with the TCPA), fraud, misrepresentation, advertising claims or any other legal theory; (ii) claims that arose before this Agreement or out of a prior agreement with Healthcare-Insurance.com; (iii) claims that are subject to ongoing litigation where you are not a party or class member; and/or (iv) claims that arise after the termination of this agreement.
(d) Before a you, Healthcare-Insurance.com or a Network Partner may seek arbitration, the party must first send the others a written notice of Dispute (a “Notice”) describing the nature and basis of the claim or Dispute and the requested relief. Any Notice to Healthcare-Insurance.com should be sent to the address set forth in Section 11.7, below. You agree that Healthcare-Insurance.com may forward the Notice to the relevant Network Partner. After the Notice is received, the parties may attempt to resolve the Dispute informally. If the Dispute is not resolved within thirty (30) days of the Notice, any party may initiate an arbitration.
(e) Unless you, Healthcare-Insurance.com and, where relevant, any Network Partner, agree otherwise, the arbitration will be conducted by a single, neutral arbitrator and will take place in the capital city of the state in which you resided at the time you used accessed the Site and/or used the services offered on the Site. The arbitration will be governed by either: (a) rules that we mutually agree upon; or (b) the JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”), as modified by this agreement to arbitrate, including the rules about the filing, administration, discovery and arbitrator fees. The JAMS rules are available on its website at www.jamsadr.com. Notwithstanding any JAMS Rule to the contrary or any other provision in arbitration rules chosen, by agreement, to govern the arbitration, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.
(f) The Federal Arbitration Act (“FAA”) applies to this agreement and this arbitration provision. We each agree that the FAA's provisions—not state law—govern all questions of whether a Dispute is subject to arbitration. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you, Healthcare-Insurance.com or a Network Partner to arbitrate on a class-wide, representative or consolidated basis.
(g) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU, Healthcare-Insurance.com AND EACH NETWORK PARTNER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you, Healthcare-Insurance.com and any applicable Network Partner expressly agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If any portion of this provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(h) You, Healthcare-Insurance.com and any applicable Network Partner are each responsible for their respective costs, including counsel, experts, and witnesses. Healthcare-Insurance.com or the applicable Network Partner will pay for any filing or case management fees associated with the arbitration and the professional fees for the arbitrator's services.
(i) An arbitrator's award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator's decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court with jurisdiction.
(j) As an alternative to arbitration, we may resolve Disputes in small claims court in the county where you resided at the time you accessed the Site and/or used the services offered on the Site. In addition, this arbitration agreement does not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Healthcare-Insurance.com on your behalf.
(k) IF FOR ANY REASON A CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY PROCEEDS IN COURT RATHER THAN IN ARBITRATION, REGARDLESS OF WHETHER THE CLAIM IS AN ACTION, COUTERCLAIM OR ANY OTHER COURT PROCEEDING, WE EACH AGREE THAT TO THE EXTENT ALLOWED BY LAW, THERE WILL NOT BE A JURY TRIAL OR CLASS ACTION AND WE EACH UNCONDITIONALLY (1) WAIVE ANY RIGHT TO TRIAL BY JURY AND (2) WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS, INCLUDING JOINING A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERTING A CLAIM IN A REPRESENTATIVE CAPACTITY ON BEHALF OF ANYONE ELSE IN ANY OTHER PROCEEDING.
10.3 Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Healthcare-Insurance.com, or any products utilizing such data, in violation of the United States export laws or regulations.
10.4 Electronic Communications. Communications between you and Healthcare-Insurance.com may use electronic means, whether you use the Site or send us emails, or whether Healthcare-Insurance.com posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Healthcare-Insurance.com in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Healthcare-Insurance.com provides to you electronically satisfy any legal requirement that such communications would satisfy if they were a hardcopy in writing. The foregoing does not affect your non-waivable rights.
10.5 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. Except as otherwise expressly set forth herein, if any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Healthcare-Insurance.com is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Healthcare-Insurance.com's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Healthcare-Insurance.com may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
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