Effective Date: September 30, 2013
Welcome to getinsured.com (“Site”). The 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”).
By accessing, browsing, or using this Site – which includes, content (e.g. text, graphics, photographs, visual interfaces, artwork, logos), healthcare insurance related products and services – you acknowledge that you have read and understood, and you accept and agree to be bound by, and comply with the
– Terms and Conditions below,
– The practices described in our Privacy Notice
– The terms for the use of our Get Insured.com Service
– The Insurance Disclaimers
– All other documents displayed in the Legal Notices page of this Site,
(collectively the “Terms”) and all applicable laws and regulations. If you do not agree, please do not use the Site.
Please, return frequently to the Legal Notices page of this Site to review the most current version of our Terms. We reserve the right at any time, at our sole discretion, to change these Terms. Your continued access to, or use of the Site after a change has become effective will signify your acceptance of the updated Terms.
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 Terms, governs your use of the Site.
3.Third Party Sites
The existence of these links does not indicate our approval or endorsement of any material contained on any linked website or any association with their operators. We do not control such third party websites and are not responsible for their contents or their practices or for any loss or damage that you may incur from dealing with any third party found through the Site.
Your use of any such third party website is at your own risk. You should carefully review the terms and conditions of use of these sites, because these terms will apply to your visit to these other sites. Further, you should take appropriate precautions to ensure that whatever links you select or software you download (whether from this Site or other websites) is free of viruses, worms, Trojan horses, defects and other items of a destructive nature.
4.Intellectual Property Rights
All components of the Site, including, without limitation artwork, text, graphics, photographs, videos, sounds, visual interfaces, graphics, design, logos, trademarks, services marks, trade dress, content, compilations, computer code, products, software, and other material contained or presented on the Site, the registered user login details and profile, and any combination thereof (“Material”) are protected by US and foreign copyright, trademarks, trade secrets, patents, and other intellectual property laws and other applicable laws worldwide.
The Site is owned and operated by GetInsured. GetInsured, its affiliates, business partners and/or licensors own all right, title and interest, including all copyright, trademark, trade secrets, patent, and other intellectual property rights in such Material.
This Material is intended for the use of individuals and businesses that are researching consumer directed health insurance products or services. Any reproduction, distribution or other use of material from this Site for any commercial or non-personal purposes is not permitted.
The mark “GetInsured.com” and all other trademarks that appear, are displayed, or used on the Site are registered or common law trademarks or service marks of GetInsured, its business partners or licensors, or of other entities, such as insurance companies, brokers, agents and service providers. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from GetInsured, the relevant business partner or licensor, and the relevant insurance company, broker, agent and service provider, except as an integral part of an authorized copy of the relevant GetInsured Material.
5.Conditions to the Use of the Site
As a condition of your use of this Site, you warrant that:
a. You are at least 18 years of age;
b. You possess the legal authority to create a binding legal obligation;
c. You will use this Site in accordance with these Terms;
d. All information supplied by you on this Site is true, accurate, current and complete; and
e. If you have a GetInsured account, you will safeguard your account information and will supervise and be fully responsible for any use of your account by you and anyone other than you.
We retain the right, at our sole discretion, to deny access to anyone to this Site and the Material, products or services that we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.
6.License and Permitted Activities
GetInsured grants you a limited, revocable, license to view, use, copy, print or download any Material for personal, non-commercial use only in connection with your permitted use of the Site and for the sole purpose of performing the functions intended to be performed when using the Site features.
You must retain all copyright, trademark, and other proprietary notices included in the Material. You may use the Site and the Material only as expressly stated in these Terms. We reserve all right, title and interest (including all copyright, trademarks, trade secrets, patents, and other intellectual property rights) in the Site and Material other than the licenses that are expressly granted in these Terms.
You are not permitted to modify, copy, distribute, transmit, post, display, perform, reproduce, publish, sell, license, rent, lease, loan, transfer, assign, reverse engineer, edit, adapt, create derivative works from, the Site, any Material or products or services obtained from or through this Site or to make or attempt to make any commercial use of the Site, the Material, or any GetInsured product or service.
In addition, you may not:
a. Access, monitor or copy any Material available on the Site using any robot, spider, scraper or other automated or manual process for any purpose without our express written authorization or by bypassing any measures that we may use to prevent or restrict access to the Site;
b. Violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
c. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
d. Deep-link to any portion of this Site for any purpose without our express written permission;
e. “Frame,” “mirror” or incorporate any part of this Site into any other website without our prior written authorization.
f. Send unsolicited commercial emails to the email addresses provided on the Site;
g. Delete or modify any of the Material or Submissions posted on the Site;
h. Access another registered user’s account without permission;
i. Share or encourage others to share a registered user’s password with others;
j. Stalk, harass, threaten, or defraud another user;
k. Spam, hack, or scam other users of the Site;
l. Use features of the Site for purposes other than their intended purpose or exploit programming or other errors on the Site for personal gain or to the detriment of others (such as to cause the Site to slow down or be unavailable);
m. Decompile, reverse engineer or attempt to derive any source code or underlying ideas or algorithms within the Site, except if specifically permitted by law;
n. Use the Site other than for private, non-commercial use without our prior written consent;
o. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site or use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
p. Attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means, or attempt to obtain any materials or information through any means not intentionally made available through the Site; or
q. Use any of our logos, names, trademarks, or service marks without our prior written consent, including, without limitation, as metatags or hidden text.
We appreciate hearing from you. However, please be aware that, apart from your personal information (which is collected and used as provided in our Privacy Notice, all communications or materials including but not limited to data, questions, comments, suggestions, and the like (“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..
By sending a Submission to the Site, you:
a. grant GetInsured a perpetual, royalty free, sublicensable, transferable, irrevocable right and license to (i) use, reproduce, modify, adapt, translate, transmit, disclose to third parties, distribute, publish, publicly display and perform, broadcast, post, or create derivative works from, your Submissions throughout the world, in any media, now known or hereafter devised; and (ii) use any ideas, concepts, techniques, or know-how contained in your Submissions for any purpose, including but not limited to developing, manufacturing, and marketing products and services;
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: (i) you 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; (ii) you have the written consent, release, and/or permission of each identifiable individual 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.
You will be solely responsible for your own Submissions and the consequences of posting such Submissions.
You are prohibited from uploading, posting, transmitting, or making available to or from this Site any Submission that:
a. Is or may be viewed by others as inappropriate, offensive, defamatory, libelous, embarrassing, inflammatory, harassing, hateful, racially or ethnically insulting, threatening, obscene, sexually explicit or suggestive, pornographic, derogatory or discriminating against others such as minorities, women, children, people with certain physical or mental handicaps, or discussing, promoting, or depicting any form of abuse of a human or an animal, such as child abuse or exploitation, or animal cruelty, or unlawful, illegal, false, fraudulent, deceptive, or encouraging conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;
b. Is protected by copyright, trademark, trade secrets, right of privacy, right of publicity unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein;
c. Infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party;
d. Would violate rights of publicity and/or privacy or that would violate any law;
e. Misrepresents the source or content of the Submissions that you upload or post on the Site;
f. Contains any commercial material or content, including, but not limited to, solicitation of funds, solicitation of business or advertising for goods, services or other activities without our prior written consent;
g. Uses or encourages others to use the Site for any illegal purpose;
h. Impersonates our personnel or another person;
i. Interferes with the operation of the Site or with any features of the Site, such as security features; or
j. Contains software viruses 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.
10.Additional Terms for Registered Users
Registered User ID and Password: Access to certain areas of the Site is only available to registered users. To become a registered user, you are required to answer a limited number of mandatory questions. Answers to additional questions are optional.
Protect your Password:
When you register on the Site to become a registered user, you will be asked to choose a password. Keep it carefully. Do not share it with others. Do not post it in a place where it can be easily found. You are solely responsible for maintaining the confidentiality of your password and your login details, and for restricting access to your computer, smart phone, tablet or other device. You will be responsible for all activities that occur within your account.
If you lose or misplace your login details, or have any other reason to believe that your account is no longer secure, you must immediately notify us. You may be liable for the losses incurred by GetInsured or others due to any unauthorized use of your account.
Your Commitment as a Registered User:
When you register on the Site:
a. You represent that all information that you provide during registration and at all other times, will be true, accurate, current and complete;
b. You commit to ensure that this information is kept accurate and up-to-date at all times; and
c. You agree to keep your login details (userID and password) confidential, and you accept full responsibility for all activities that occur under your account or password.
11.Disclaimer of Liability
THE SITE AND THE MATERIAL, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING 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 SITE OR ANY MATERIAL, PRODUCTS AND SERVICES PUBLISHED ON THIS SITE; (b) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE SITE OR THE MATERIAL, PRODUCTS OR SERVICES, OR ANY DAMAGES FROM ANY VIRUSES 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 SITE OR YOUR INABILITY TO ACCESS, USE OR DOWNLOAD FROM THE SITE.
12.Disclaimer of Warranties
The Site, Material, products and services provided or referenced on the Site, and any Submission posted by another user, 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 Material, product or service or Submission from another user on the Site is not an endorsement or a recommendation of the Material, product or service or user Submission.
GetInsured, its affiliates, business partners and licensors expressly disclaim any representation or warranty that (a) the Site, the Material, or any content posted or uploaded by users are or will be (i) free from errors, viruses or other harmful components, or (ii) be available to you at all times; (b) information stored on or through the Site will not be lost, hacked or accessed, modified or viewed by unauthorized third parties, (c) communications to or from the Site will be secure and not intercepted, (d) the capabilities offered from the Site will be uninterrupted, (e) the Material or any other content 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 products or services offered through the Site are or will remain available in all jurisdictions.
OTHER THAN THOSE WARRANTIES 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, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
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.
13.Limitation of Damages
GETINSURED, ITS AFFILIATES, BUSINESS PARTNERS OR LICENSORS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES 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 OR MATERIAL; (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 CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY THEORIES, OR OTHERWISE, EVEN IF GETINSURED, ITS AFFILIATES OR SUBCONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
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.
14.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 Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of GetInsured, its affiliates, business partners, and licensors.
You agree to defend and indemnify GetInsured, its affiliates, business partners and licensors, and their respective officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, in excess of the liability described above, in any action filed or commenced by any third party against GetInsured, its affiliates, business partners or licensors as a result of:
a. Your breach of these Terms or the documents referenced herein;
b. Your violation of any law or the rights of a third party;
c. Your use of this Site;
d. Any matter, issue, dispute, claim, demand related to the Submissions that you post on, or upload to the Site.
16.Use of the Site
We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will, at all times, be free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.
We use reasonable commercial efforts to keep our Site available on a 24-hour / 7-day-a-week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.
Access to GetInsured Material
Any aspect of the Site may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you. However, we make no commitment to update the information contained on this Site. We may also, at any time, change or impose fees for certain services, or establish or change general practices and limits concerning certain services. We may, in our sole discretion, refuse to allow access to the Site to any person or entity; remove or modify any Material or Submission; or change our eligibility criteria at any time. GetInsured shall not be liable to you for any delay or other damages that might result from such modification, suspension, or discontinuance.
The Material is intended for information purposes only. Although we exercise reasonable efforts to ensure quality and accuracy, there might be errors, or the information provided may not be complete, current, or applicable to your particular situation. We assume no liability or responsibility for any errors or omissions.
You are responsible for evaluating the accuracy, completeness, and usefulness of any Submission, opinion, advice, or other content available through the Site or obtained from a linked site. You should not take any action based on Submissions, or other third party information on this Site.
We respect the intellectual property rights of third parties and want to ensure that the Site does not contain any material that infringes the copyright of a third party. If you believe that material that violates your copyright rights is posted on the Site, please contact us. We will respond to notices of alleged infringement that comply with the requirements of the Digital Millennium Copyright Act.
We welcome links from a third party site to the homepage of our Site, through a plain text link, provided that (a) you discontinue providing a link to our Site if so requested by GetInsured; (b) you do not imply in any fashion that GetInsured is endorsing any of your products or service or is affiliated with you, (c) you do not present GetInsured in a false light, or provide misleading or false information about GetInsured or the Site, (d) you do not remove or obscure the copyright or other notices on this Site; (e) you do not use any trademark of GetInsured; and (f) you do not replicate, frame or mirror any Material or other content of the Site. We reserve the right to require you to remove any link to the Site, in our sole discretion.
Availability of Material, Products or Services
GetInsured does not imply that the Material, products or services that its presents on the Site are available for use in jurisdictions other than those in which it is licensed to do business, or that it is soliciting business in any such jurisdictions. GetInsured does not represent that these Material, products or services will remain available to you or that you will qualify to acquire them.
17.Breach; Disputes, Termination
Breach of these Terms
If you breach any of the provisions of these Terms, GetInsured, in its sole discretion, may terminate your access to the Site, and any account that you may have with the Site, and delete any Submission that you may have submitted or posted on the Site. GetInsured shall not be liable to you for such termination.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may also be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that we may have at law or in equity.
Limitation of Actions
Any cause of action arising out of, or related to, the Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
We may, in our sole discretion, any time and without advance notice or liability, terminate or restrict your access to all or any component of the Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Accessing the Site after such termination, suspension, or discontinuation shall constitute an act of trespass. We shall not be responsible to you for such suspension or termination.
Upon termination of a user’s account or access rights to the Site, we may dispose of the Submissions that the user contributed to the Site in accordance with our internal policies.
Changes to these Terms
GetInsured may revise these Terms from time to time. Changes will be posted prominently on the Site. All changes will apply to your use of the Site after the effective date of the updated Terms. If you continue using our Site after the effective date of our updated Terms, this will mean that you have agreed that your use of the Site is subject to the new Terms. If any proposed change is unacceptable to you, you will have the right to terminate your account with us or your use of the Site.
Please check this page frequently to stay aware of any changes.
You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
To the extent that we may need to contact you, you agree that we may do so via any electronic means, including but not limited to communication posted on the Site, electronic mail, or instant messaging.
If you elect to access the Site from locations outside of the United States, you are responsible for compliance with all local rules that may apply to you, such as rules about online conduct, acceptable content, the use of email, the disclosure or transfer of personal information or use of the Internet. Access to the Site, Material, Submissions, or other content posted on the Site from countries, states, or territories where this material is illegal is prohibited.
This Site is available for use only by individuals who are located in the United States or its territories or possessions, or who are seeking to receive services or content that is usually distributed to the residents of the United States of its territories or possessions. Use of the Site is not permitted in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.
Governing Law; Jurisdiction; Venue:
The laws of the State of California (USA), without regard to its conflict of law rules, will govern these Terms. If you take any legal action relating to your use of the Site or these Terms, you agree to file such action only in the state and federal courts located in Santa Clara County, California (USA). In any such action or any action that we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, whether taxable or non-taxable, and reasonable attorneys’ fees and court costs.
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.
We may assign our rights and obligations under these Terms to a third party without this assignment being deemed a change in these Terms, and without notice to you. You may not assign, delegate, or transfer your rights or obligations under these Terms.
No Joint Venture:
No joint venture, partnership, employment, or agency relationship exists between you and GetInsured as a result of your use of the Site.
Government Access to Data:
Our performance under these Terms is subject to existing laws and legal process. GetInsured will comply with law enforcement requests or requirements relating to your use of the Site or information provided to, or gathered by GetInsured with respect to such use.
If a court or arbitrator of competent jurisdiction finds any part of these Terms to be invalid, illegal, or unenforceable, it will be requested to give effect to the intent reflected in that provision in a manner that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
No Third-Party Beneficiaries:
There are no third-party beneficiaries to these Terms.
The headings in these Terms are for your convenience and reference; they do not limit or affect these Terms.
Reservation of Rights:
Any rights not expressly granted herein are reserved.
How to Contact Us:
If you have any questions, comments, concerns, complaints or claims with respect to the Site, other users of the Site, if your account has been compromised by a hacker or scammer, if another user is abusing, harassing, or stalking you, if you find that certain content displayed on the Site is inappropriate or prohibited by these Terms, or if you have any other concern, please contact us as indicated below. We will investigate and attempt to resolve the matter.
If you have any questions regarding these Terms or the Site, please contact us by email at email@example.com, by phone at 866-602-8466, or by mail at: GetInsured at 1305 Terra Bella Ave., Mountain View, CA 94043 (USA).