Effective as of November 26, 2014.
The www.getinsured.com site (“Site”) is owned and operated by Vimo, Inc. dba GetInsured.com, located at 1305 Terra Bella Ave, Mountain View CA 94043 (USA) (“GetInsured”, “we” or “us”). The GetInsured Community is a part of the Site that provides discussions regarding healthcare insurance and other content (e.g. text, graphics, photographs, visual interfaces, artwork and logos). GetInsured users are invited to participate in the GetInsured Community, subject to the rules provided below.
Please, return frequently to the Legal Notices page of this Site to review the most current version of the GetInsured legal documents.
GetInsured may revise or supplement these Community Terms and the other GetInsured Legal Documents from time to time. Changes or additions will be announced prominently on the Site. All changes or additions will apply to your use of the Site after the effective date of the updated or new GetInsured Legal Document. If you continue using our Site after the effective date of our updated or new GetInsured Legal Document, this will mean that you have agreed that your use of the Site is subject to the updated or new GetInsured Legal Document. If any proposed change is unacceptable to you, you will have the right to terminate your GetInsured account or your use of the Site.
2. Privacy and Security
GetInsured believes in protecting the privacy and security of the personal data of its users. Our Privacy Notice, which is hereby incorporated into these Community Terms, governs your use of the GetInsured Community.
Please, remember that any information that you post on the GetInsured Community Site is posted at your own risk, and can be read, obtained and used by others. Do not post information that you do not want to make public, such as your contact information or email address on the Site.
We will use the email address that we request to register with the Community to process your registration. We will not use that email address to send you marketing material, or sell it to any third parties to send you marketing material unless we have obtained it under other conditions that allows such additional use.
For more information, please see our Privacy Statement.
3. The GetInsured Community
GetInsured allows users to send emails to us, and to post questions, responses, comments and other content (“Submissions”) on the GetInsured Community Pages (“Community”). We appreciate hearing from you. However, please be aware that all Submissions that you send or upload to the Site in any manner, electronically or otherwise, such as by sending an email or posting content on the Site or otherwise, will be treated as non-confidential and non proprietary, and we reserve the right to post your Submissions on our Site.
4. Allocation of Liability
When posting or reviewing a Submission, you understand and agree that you are solely responsible for your Submission and the consequences of posting such Submission.
5. Your Representations and Warranties
By sending a Submission to the Site, you:
a. Grant GetInsured a perpetual, worldwide, royalty free, sublicensable, transferable, irrevocable right and license to (i) access, use, reproduce, modify, adapt, translate, transmit, disclose to third parties, distribute, publish, publicly display and perform, broadcast, post, or create derivative works from, your all or any portion of your Submissions throughout the world, in any media format and through any media channel, now known or hereafter devised, and for any purpose, including without limitation for promoting or redistributing part of all of the Site (and any derivative works thereof); and (ii) use any feedback, suggestions, ideas, concepts, techniques, or know-how contained in your Submissions for any purpose, and in any manner, including but not limited to developing, manufacturing, and marketing products and services, modifying the Site or the Service, or for developing any marketing or advertising Material;
b. Agree never to assert against GetInsured, its successors or assigns, any rights that you may have in such Submissions;
c. Represent and warrant that you: (i) own the content, or have the necessary licenses, rights, consents, and permissions to post the Submissions on the Site and allow others to use such Submissions as described in these Terms or any GetInsured Legal Document; (ii) have the written consent, release, and/or permission of each identifiable individual mentioned, named, described or identified in any Submissions to use the name or likeness of each such person, and to enable inclusion and use of the Submission in the manner contemplated by these Terms or any other GetInsured Legal Document; and (iii) have not been paid, compensated, or provided any consideration in exchange of your posting or uploading any Submission or other comments, statements, or other material on our Site.
No registration is required in order to access the Community solely for the purpose of reading postings on the Community. However to ask, comment on, or answer a question, users must create or have a login id, sign in, and create a username.
To cause an action (e.g., to vote, to watch a post, or to send your own Submissions) on the Community, you must create or have a login id, and sign in.
GetInsured may refuse to register you if you use, a nickname or email address that is already being used by someone else, impersonates another person, belongs to another person, violates the intellectual property or other rights of any person, is vulgar or otherwise offensive, or for any other reason.
You agree that any information provided in your profile is accurate, true, current and complete, and that you will keep it updated. GetInsured may terminate your account if any of the information provided is found to be inaccurate, false, out of date or incomplete.
7. Guidelines and Rules for Submissions
When posting Submissions, you should follow the guidelines below:
a. Use your common sense; exercise your judgment in evaluating and acting upon or ignoring other participants Submissions;
b. Remember that due to the anonymous nature of the Internet, other Community participants may not be who they say they are, know what they say they know or be affiliated with whom they say they are affiliated;
c. Remember also that other participants may post hypertext links to content hosted and maintained by third parties. We have no obligation to monitor these linked sites, and are not responsible for them. Your access to any linked sites is at your own risk. You should use good judgment before you click on any link or access any linked site.
Be Thoughtful About your Submissions:
a. Your comments should be your own. Please provide your thoughts, share your own experience;
b. Do not, directly or indirectly promote or endorse the services or thoughts of a third party;
c. Do not just ask a question… share your insights;
d. Respond to the specific issues raised in previous posts;
e. Provide additional details or facts to explain or illustrate your comments.
Some Basic Rules
Your Submissions should:
a. Be not less than 10 characters and not more than 5,000 characters;
b. Written in lower case (i.e. no text in upper case);
c. Not include off topic remarks or be unrelated to the goals of the Community;
d. Not use an aggressive or violent tone;
e. Not contain the phone number, personal or professional email address, website, or name of the individual making the review;
f. Not contain personal or sensitive information of a third party such as name, address, phone, email address or other identifying information;
g. Not contain speculations or revelations about the identity of an individual;
h. Not solicit login information.
Be Respectful of Others
a. Do not post Submissions under secondary usernames or other aliases to support or belittle others;
b. Do not “flame” other users or any entities in a manner that might incite or perpetuate a conflict or argument, including attacks of any kind;
c. Do not attempt any form of harassment such as with repetitive, pointless or irrelevant Submissions;
d. Do not send chain letters, pyramid schemes or securities offerings;
e. Do not advertise for other web sites and services, or other commercial solicitation;
f. Do not impersonate other users or falsely represent your identity or qualifications;
g. Do not create usernames to attack other participants’ identities (i.e., choosing a name almost identical for purposes of impersonation, slamming on someone through your name choice);
h. Do not access an account belonging to someone else for any purpose, including to post Submissions appearing to be made on that other person’s behalf.
You may not upload, post, transmit, or making available to or from the GetInsured Community any Submission that:
a. Is, or might be deemed, false, fraudulent, misleading, or deceptive;
b. Does, or encourages conduct that might (i) violate any applicable laws or regulation, or (ii) give rise to civil liability (including, but not limited to, laws governing consumer protection, unfair competition, anti-discrimination, or false advertising), or (iii) be considered a criminal offense;
c. Is, or may be viewed by others as, inappropriate, offensive, defamatory, libelous, embarrassing, inflammatory, harassing, abusive, hateful, racially or ethnically insulting, threatening, indecent, obscene, sexually explicit or suggestive, pornographic, derogatory, promoting any form of hatred or discrimination against others (age, gender, religion, philosophical beliefs, race, ethnic origin, values, bigotry, homophobia, racism), harassment or harm against any person, group or class of person, or characteristics of any person or entity, causing any person to be shunned or avoided (such as minorities, women, children, people with certain physical or mental handicaps), or discussing, promoting, depicting or encouraging conduct that might constitute any form of abuse of a human or an animal (such as child abuse or exploitation, pedophilia, child erotica, child pornography, or animal cruelty);
d. Discloses any private, personal or confidential matters concerning any person or entity;
e. Is protected by copyright, trademark, trade secrets, right of privacy, right of publicity unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant GetInsured all of the license rights granted herein;
f. Infringes, misappropriates or violates, encourages conduct that might violate, any copyright, moral right, trademark, patent, or trade secrets right or other proprietary right, right of publicity and/or privacy of a third party;
g. Promotes illegal or harmful activities or substances (including, without limitation, activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances) or incite to the use of drugs, alcohol, tobacco or other restricted substances;
h. Misrepresents the source or content of the Submissions that you upload or post on the Site;
i. Contains any commercial or promotional material or content, including, but not limited to, solicitation of funds, solicitation of business or advertising for goods, services or other activities;
j. Contains any political, philosophical, or religious message or opinion;
k. Uses or encourages others to use the Site for any illegal purpose;
l. Impersonates our personnel or another person; or impersonates or misrepresents your affiliation with any person, group of person or entity;
m. Interferes with the operation of the Site or Service, or any features of the Site, such as trying to bypass a security feature, disrupting the normal flow of dialogue in an interactive area of the Site, deleting, revising or modifying any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Site infrastructure, or that negatively affects the availability of the Site or Service to others;
n. Post or transmit any charity request, chain letter, petition for signatures, offer of employment or contracting arrangement, offer or solicitation of franchises, distributorship, sales representative, or agency arrangement, or other business opportunities;
o. Contains software viruses, worms, or code intended to harm, damage, or interfere with any software, hardware, equipment, system, data, or other information.
You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting Submissions to this Site.
GetInsured reserves the right to manage the Submissions in order to facilitate the orderly distribution of information through the Community. We may, at our election, designate GetInsured employees to act as moderators/administrators for the Community (“Moderators”). These Moderators are the only individuals authorized to manage the Community. We are not responsible for content provided by any GetInsured employee who is not designated as a Moderator of the GetInsured Community.
9. Report Inappropriate Submissions
We need your help in keeping this Community considerate, truthful, and consistent with the values expressed in these Community Terms. If you see any Submission violating these Community Terms, click the “Report this” on the applicable post to help us identify any offending messages or other violations of these Terms.
Repeat offenders will be contacted by e-mail and may be banned from the Community. We may also contact the appropriate authorities to report egregious activities (e.g. pornographic material).
10. Modification and Discontinuance of the Community
We reserves the right at any time and from time to time to delete, modify, suspend or discontinue, temporarily or permanently, the Community, or any part thereof, including any content or Submissions, with or without notice. GetInsured shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Community.
We may terminate your privilege to use or access the Community immediately and without notice if you fail to comply with any of these Community Terms. Upon such termination, you must immediately cease accessing or using the Community and agree not to re-register or otherwise make use of the Community. We may also, in our sole discretion, take action — technical, legal or otherwise — to block, nullify or deny your ability to access the Community.
12. User’s Liability and Indemnification
You will be solely responsible for your own Submissions and the consequences of posting such Submissions.
GetInsured is not liable for, and you shall indemnify and hold GetInsured, and its subsidiaries, affiliates, officers, agents, and employees harmless from any claim, including reasonable attorneys’ fees, made by any third party relating to or arising out of Submissions that you submit, post, transmit or make available through the GetInsured Community, your use of the GetInsured Community, your violation of the GetInsured Terms, GetInsured Legal Documents or your violation of any rights of another.
13. Disclaimer of Liability
THE GETINSURED COMMUNITY AND THE SUBMISSIONS PUBLISHED ON THE GETINSURED COMMUNITY MAY INCLUDE INACCURACIES OR ERRORS. GETINSURED AND ITS AFFILIATES, BUSINESS PARTNERS AND LICENSORS (a) DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE CONTENT OF THE GETINSURED COMMUNITY OR ANY SUBMISSION PUBLISHED ON THE GETINSURED COMMUNITY; (b) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE GETINSURED COMMUNITY OR ANY SUBMISSION PUBLISHED ON THE GETINSURED COMMUNITY, OR ANY DAMAGES FROM ANY VIRUSES OR OTHER HARMFUL COMPONENT THAT MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, OR ANY OTHER DAMAGES ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR DOWNLOADING FROM, THE GETINSURED COMMUNITY OR YOUR INABILITY TO ACCESS, USE OR DOWNLOAD ANY CONTENT FROM THE GETINSURED COMMUNITY.
THE SUBMISSIONS POSTED TO THE COMMUNITY ARE PROVIDED BY THIRD PARTIES NOT AFFILIATED WITH GETINSURED. SUCH THIRD-PARTY SUBMISSIONS ARE THE SOLE RESPONSIBILITY OF THE PERSON ORIGINATING THAT CONTENT. GETINSURED IS NOT RESPONSIBLE IN ANY WAY FOR ANY THIRD-PARTY SUBMISSION OR FOR ANY CONTENT POSTED ON OR LINKED FROM THE COMMUNITY, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN SUBMISSIONS, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND. YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THE SUBMISSIONS.
14. Disclaimer of Warranty
The GetInsured Community and the Submissions published on the GetInsured Community are provided “as is” and without any warranties or representations of any kind, express or implied. The fact that GetInsured is including or displaying any Submission from another user of the GetInsured Community is not an endorsement or a recommendation of the user Submission.
GetInsured, its affiliates, business partners and licensors expressly disclaim any representation or warranty that (a) the GetInsured Community or any Submission posted or uploaded by any user are or will be (i) free from errors, viruses or other harmful components, or (ii) be available to you at all times; (b) Submissions stored on or through the GetInsured Community will not be lost, hacked or accessed, modified or viewed by unauthorized third parties, (c) communications to or from the GetInsured Community will be secure and not intercepted, (d) the capabilities offered on, through or from the GetInsured Community will be uninterrupted, (e) the GetInsured Community or any Submission posted or uploaded by third parties will be accurate, complete or timely, will not contain typographical errors, will fulfill any of your particular purposes or needs, or will not infringe on any third party rights; (f) defects will be corrected; or (g) the GetInsured Community and the Submissions published on the GetInsured Community are or will remain available in all jurisdictions.
OTHER THAN THOSE WARRANTIES THAT ARE PROVIDED IN THESE TERMS AND THOSE THAT, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, GETINSURED, ITS AFFILIATES, BUSINESS PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, COMPLETENESS, USEFULNESS, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS,, OR QUALITY OF ANY CONTENT, REGARDLESS OF WHO ORIGINATES THAT CONTENT OR SUBMISSION AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE REGARDING THE GETINSURED COMMUNITY OR THE SUBMISSIONS.
Some jurisdictions may not allow the exclusion of implied warranties. Consequently, some of the above exclusions may not apply to you. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.
15. Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GETINSURED, ITS AFFILIATES, BUSINESS PARTNERS OR LICENSORS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE (INCLUDING MATERIALS) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, (INCLUDING DAMAGES RELATING TO INSURANCE DECISIONS TAKEN BY YOU, INABILITY TO OBTAIN SUITABLE INSURANCE OR THE LIKE, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, FOR COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOSS OF PROFIT, REVENUE, DATA, GOODWILL OR USE) INCURRED BY YOU OR ANY THIRD PARTY, ARISING OUT OF, OR CONNECTED WITH (A) ANY USE, BROWSING OR DOWNLOADING OF ANY PART OF THE SITE, MATERIAL, SUBMISSIONS AND COMMENTS; (B) ANY DEFECT, OMISSION, ERROR, INTERRUPTION, OR VIRUS, ANY MATERIAL, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE, OR ANY SUBMISSION BY ANOTHER USER POSTED ON THE SITE; (C) ANY INABILITY TO USE, DELAY IN USE, OR OTHER FAILURE OF ANY COMPONENT OF THIS SITE FOR ANY PURPOSE, OR (D) THE PERFORMANCE OR NON PERFORMANCE BY GETINSURED OR ANY AFFILIATE, BUSINESS PARTNER OR LICENSOR, OR (E) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY THEORIES, OR OTHERWISE), EVEN IF GETINSURED, ITS AFFILIATES OR SUBCONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GETINSURED AND YOU.
YOU UNDERSTAND AND AGREE THAT GETINSURED WOULD NOT BE ABLE TO PROVIDE THE GETINSURED COMMUNITY WITHOUT SUCH LIMITATIONS.
If, despite the limitation above, GetInsured, or any of its affiliates, business partners or licensors is found liable for any loss or damage that arises out of, or is in any way connected with, any of the occurrences described in the limitation above, then the liability of GetInsured, its affiliates, business partners and licensors will in no event exceed, in the aggregate, the greater of (a) the service fees, if any, that you paid to GetInsured in connection with the service that you received from this Site, or (b) ten dollars (US$10.00). Some jurisdictions do not allow the limitation of liability, thus the limitations above may not apply to you.
16. Allocation of Risk and Remedies
The limitations of warranty, liability, and damages set forth above reflect the allocation of risk between GetInsured and each user or visitor of the Site. These limitations will survive and apply even if any limited remedy specified in these Community Terms is found to have failed of its essential purpose. The limitations of liability provided in these GetInsured Terms inure to the benefit of GetInsured, its affiliates, business partners, and licensors and their respective successor entities.