Terms of Use

 

Last updated April 2, 2014 ​

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.

 

​General. These terms and conditions ("Terms") apply exclusively to your access to and use of this website and online information, content and services (collectively, the "Site"). These Terms do not alter in any way the terms or conditions of any other written agreement you may have with me. As the owner and operator of this site, I reserve the right to change or modify any of these terms and conditions at any time and in my sole discretion. I will notify you when the Terms have been changed by posting the revised Terms on the Site. Any changes or modification will be effective immediately upon posting and shall apply to all use of the Site and all acts or omissions occurring after the effective date of the revised Terms. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. You should check the Terms each time you use the Site; if you do not agree to the amended Terms, your license to use the Site will terminate and any further use will be unauthorized, so you must stop using the Site. Privacy Policy. Please review the Privacy Policy for information on how the Site collects, uses and discloses personally identifiable information from its users.

 

Territorial Restrictions. The information provided by the Site is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or would subject me to any registration requirement or jurisdiction outside the state of Washington. I maintain and operate this site from my home in the state of Washington and I make no representations or warranties that this site is appropriate for use or access outside the fifty United States and the District of Columbia.

 

Offers and Information. The Site contains links to third party sites, applications, products, offers, opinions, information, and content (collectively, “Third Party Material”) that I do not control, may not thoroughly review, and do not maintain. You expressly acknowledge and agree that Third Party Material linked to or described on this site is from third party providers, not me, and I am in no way responsible or liable for any such Third Party Material, including, without limitation, their policies, failures, offers, promotions, or actions or damages, losses, failures or problems caused by, related to or arising from third parties or Third Party Material. My descriptions of Third Party Material may be inaccurate, incomplete and outdated and/or Third Party Material may not be available to you based on your credit score or other factors, all of which are outside of my knowledge or control. You should contact the third party for complete details, terms and conditions. YOUR CORRESPONDENCE, DISCLOSURES, AND BUSINESS DEALINGS TO/WITH THIRD PARTIES AND OTHERS FOUND ON OR THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THE PAYMENT FOR AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. YOU SHOULD REVIEW ALL POLICIES, RULES, TERMS, CONDITIONS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH THIRD PARTY SITE OR APPLICATION THAT YOU VISIT OR USE. I DISCLAIM ANY INJURY, DAMAGE OR HARM THAT MAY RESULT FROM YOUR CHOICE TO USE, ACCEPT OR DECLINE ANY THIRD PARTY SERVICES, INCLUDING, BUT NOT LIMITED TO, THIRD PARTY SERVICES LINKED OR PROMOTED ON THE SITE THAT MAY ASK TO ACCESS, AND MAY RETAIN, YOUR PERSONAL INFORMATION. YOU AGREE THAT YOUR USE OF THIRD PARTY SERVICES IS AT YOUR OWN RISK.

 

Copyright and Limited License. The Site and all content and other materials are proprietary property and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license to access and use the Site and electronically copy and print to hard copy portions of the Site content for your informational, non-public, non-commercial and personal use only. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Site or the Site content; (b) the distribution, public performance or public display of any Site content, (c) modifying or otherwise making any derivative uses of the Site and the Site content or any portion thereof; (d) downloading (other than the page caching) any portion of the Site, the Site content or any information contained therein, except as expressly permitted herein; or (e) any use of the Site or the Site content other than for their intended purpose. Any use of the Site or the Site content other than as specifically authorized herein, without my prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

 

Copyright Complaints. If you believe in good faith that anything on the Site infringes upon any copyright that you own or control, you should notify me at Blogger@HealthcareShareCompare.com. Although I am not yet a registered agent for purposes of the DMCA, to help me evaluate your claim please include the information that would otherwise be required under 17 U.S.C. §512(c)(3). Please note that the information you provide to me, including any personal information, may be forwarded to the person who provided the allegedly infringing content to me, and by sending me such notification you consent to share this information with the alleged infringer. If you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys' fees, incurred by me or the alleged infringer as the result of our relying upon such misrepresentation. The look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is my service mark, trademark and/or trade dress and may not be copied, imitated or used, in whole or in part, without my prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes, offers or other information, by company, trade name, trademark, provider or otherwise does not constitute or imply endorsement, sponsorship or recommendation by me of them or them of me or the Site.

 

Hyperlinks. You are granted a limited, non-exclusive right to create a text hyperlink to the Site for non-commercial purposes, provided such link does not portray me or the Site in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is competitive, offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a logo or other proprietary graphic to link to the Site without my express written permission. Further, you may not use, frame or utilize framing techniques to enclose any of my trademarks, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without my express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise, in or under any patent, trademark, copyright or proprietary right. I make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third party sites accessible by hyperlink from the Site. Such sites are not under my control and I am not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. I provide these links to you only as a convenience, and the inclusion of any link does not imply my affiliation, endorsement or adoption of any third party site or any information contained therein. When you leave the Site, you should be aware that these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

 

Third Party Content. The Site provides descriptions of and links to third party sites and Third Party Material primarily as a service to those interested in this information. I do not monitor nor do I have control over such third party sites and Third Party Material, I do not endorse or adopt these sites or any information contained therein, and I make no respresentations or warranties or any kind or nature whatsoever regarding the accuracy or completeness of Third Party Material or the reviews, summaries and opinions of such Third Party Material on the Site. You use the Site, third party sites and Third Party Material AT YOUR OWN RISK.Third Party Advertisements, Offers, Products and Services. I may run or allow advertisements and offers from third parties on the Site or may otherwise provide or allow information about or links to third party products or services on the Site. Your application to, dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings, offers or promotions, are solely between you and such third party. I am not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, offers or promotions or as the result of the presence of such advertisers or third party information on the Site.

 

User Content. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish to or through the Site any of the following: a. content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; b. content that you know or have reason to know is inaccurate, untruthful or misleading; c. content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law; d. content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; e. content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; f. unsolicited promotions, political campaigning, advertising or solicitations; g. private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; h. vruses, corrupted data or other harmful, disruptive or destructive files; and i. content that, in my sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Site or that may expose me or Site users to any harm or liability of any type.I take no responsibility and assume no liability for any user content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor am I liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Site is AT YOUR OWN RISK. In order to cooperate with governmental requests, subpoenas or court orders, to protect me or to ensure the integrity and operation of the Site, I may access and disclose any information I consider necessary or appropriate, including, without limitation, your IP addressing and traffic information, usage history, and submitted content. My right to disclose any such information shall govern over any terms of the Privacy Policy.

 

Your Conduct. You agree not to use the Site in any unlawful manner or in any manner that could damage, disable, overburden or impair the Site;· harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;· use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract data;· use automated scripts to collect information from or otherwise interact with the Site;· violate any local, state, national or international law;· attempt to access any service or area of the Site that you are not authorized to access; or· engage in any harassing, intimidating, predatory or stalking conduct.I am not responsible or liable for the conduct of, or your interactions with, users of the Site or advertisers (whether online or offline), and I am not responsible or liable for any loss, damage, injury, or harm associated therewith. Your use of the Site is AT YOUR OWN RISK.

 

Indemnification. You agree to defend, indemnify and hold harmless me and my agents, contractors, service providers and consultants, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any content you post, access, use, store or otherwise transmit to, on or through the Site, including without limitation any actual or threatened suit, demand or claim made against me and/or my independent contractors, service providers, employees, directors or consultants, by you or arising out of or relating to your content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.

 

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING SIGNED BY ME, THE SITE, THE SITE MATERIALS CONTAINED THEREIN (INCLUDING ALL USER CONTENT AND THIRD PARTY MATERIALS) AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. I DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, USER CONTENT AND MATERIALS ON THE SITE. I DO NOT REPRESENT OR WARRANT THAT THE SITE, THE SITE CONTENT OR MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. I DO NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. I AM NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY THIRD PARTY PRODUCT OR SERVICE PROVIDER, AND YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS AND DEALINGS WITH OTHER USERS AND PROVIDERS. PRODUCT DESCRIPTIONS AND REVIEWS ARE STRICTLY MY PERSONAL OPINION AND ARE NOT PROVIDED OR ENDORSED BY THIRD PARTIES. I reserve the right to change any and all content contained in the Site and any services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by company, trade name, trademark, provider, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by me or the Site. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.

 

Limitation of Liability. UNDER NO CIRCUMSTANCES WILL I BE LIABLE FOR ANY LOSS OR DAMAGES INCLUDING, WITHOUT LIMITATION, GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES) OF ANY KIND OR NATURE WHATSOEVER, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE, EVEN IF I OR MY REPRESENTATIVES ARE AWARE OF OR WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES, ARISING OR RELATING IN ANY WAY TO: (A) YOUR OR ANY PARTY’S USE OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT, THE PRODUCTS, OR ANY THIRD PARTY SITE OR THIRD PARTY MATERIAL; (B) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (C) THE COST OF OBTAINING OR INABILITY TO OBTAIN GOODS OR SERVICES; (D) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM OR AS THE RESULT OF THE SITE OR SITE CONTENT; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; (F) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY THIRD PARTY OR THIRD PARTY SITE; OR (F) ANY OTHER MATTER RELATING TO THE SITE OR SITE CONTENT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE CONTENT, AND/OR THIRD PARTY PRODUCTS AND SERVICES IS TO STOP USING THE SITE. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL MY TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER EXCEED TEN UNITED STATES DOLLARS ($10.00 USD). IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID OR UNENFORCEABLE IN WHOLE OR IN PART, YOU AGREE THAT MY TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR ACCESS TO AND USE OF THE SITE AND ITS CONTENT IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE. BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME KNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

 

Applicable Law and Venue. These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the state of Washington applicable to agreements made and to be entirely performed within the state of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Site or these Terms shall be filed only in the state and federal courts located in Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of or in any way related to the Site or these Terms. The parties voluntarily and knowingly waive any right they may have to a jury trial. To the fullest extent permitted by applicable law, you agree that any and all disputes, claims and causes of action you may have against me in connection with or related to the Site will be resolved individually, without resort to any form of class action.

 

Termination. Notwithstanding any of these Terms, I reserve the right, without notice and in my sole discretion, to terminate your license to use the Site and to block or prevent your access to and use of the Site.

 

Miscellaneous. These Terms constitute the entire agreement between me and you in connection with your use of the Site, Site content, third party products and services and/or Third Party Material, and supersede any prior versions of these Terms. My failure to enforce any of my rights or act with respect to a breach of these Terms does not constitute a waiver and will not limit my rights with respect to such breach or any subsequent breaches. My waiver of any of the provisions in these Terms will be of no force or effect unless made in writing and signed by my. Neither the course of conduct between us nor trade practice will act to modify these Terms. I may assign my rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without my prior written consent. You agree that my agents and service providers are third-party beneficiaries of these Terms, with all rights to enforce provisions of these Terms applicable to them as if those agents and service providers were a party to these Terms. If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against me by virtue of having drafted them.

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