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Terms of Use


Effective Date: June 11, 2015

 

These Terms of Use govern your use of the HealthPlanCorner.com ("We" or “HealthPlanCorner”) website ("Website" or “Site”). Please read these Terms of Use carefully before using the Website. By using the Website or completing the quote form provided, you agree to these Terms of Use.

 

THESE TERMS OF USE FORM A LEGAL AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE SITE ALONG WITH THE RELATED SERVICES, FEATURES, CONTENT AND OFFERS PROVIDED ON THE SITE. THESE TERMS OF USE ALSO INCLUDE A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER.

 

By using our Site you are acknowledging you have read, understand and accept as binding, all of the rights and obligations, terms and conditions in our Terms of Use (“Agreement”). If you do not agree to these Terms of Use, you may not use the Website or request a health insurance quote through our quote form.


1. Access to Our Services

 

We may provide Site users with the opportunity to submit requests for information on a wide variety of products and services (“Services”) offered by certain service providers (each such service provider, a “Service Provider”; each such request, a “Request”). We cannot and do not guarantee that these Service Providers will provide information for every Request received or that the Service Providers who do respond to your Request will meet all of your requirements. We may reject any Request or elect not to forward a Request to participating Service Providers, for any reason or no reason. 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 third parties, including any Service Providers. If any Service Provider(s) wish to provide information to you in connection with your Request, you will be contacted directly by the Service Provider(s) regarding the offerings and related pricing. We request that the Service Providers make contact with you via the preferred medium that you have listed (e.g., phone or email); however, this does not preclude such Service Providers from contacting you by any other means that they deem appropriate. In working with Service Providers, we seek to work with companies that are reputable and professional; however, we strongly recommend that you perform your own due diligence on each potential Service Provider prior to selecting and/or entering into any type of agreement or other arrangement with any particular Service Provider. In addition, once we refer your request to the Service Providers in the Service Provider network, we have no further involvement in any transactions that occur between you and the Service Provider(s). We are not responsible or liable for ANY Service Provider’s acts or omissions (including, WITHOUT LIMITATION, WITH RESPECT TO any quotes OR SERVICES THAT ANY SUCH SERVICE PROVIDER may provide), for SUCH SERVICE PROVIDER’S contacting or failure to contact you, FOR SUCH SERVICE PROVIDER’S PERFORMANCE OR FAILURE TO PERFORM ANY SERVICES, OR FOR ANY AGREEMENT OR TRANSACTION BETWEEN YOU AND ANY SERVICE PROVIDER.

 

By using the Site, you represent to HealthPlanCorner that (1) you are at least the legal age of majority; (2) you are authorized to enter into this Agreement; (3) you will not use the Site for any purpose or in any manner that violates any law or regulation or that infringes the rights of HealthPlanCorner or any third party; (4) any information or data provided to HealthPlanCorner by you will not violate any law or regulation or infringe the rights of HealthPlanCorner or any third party; (5) all information that you provide to us in connection with the Site (e.g., name, e-mail address, or other information) is true and accurate; and (6) you are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.


2. General Restrictions

 

You agree to use the Services only for your personal purposes, and in compliance with all applicable federal, state and local laws and regulations. Additionally, you agree that the Services and any information derived therefrom may not be used to stalk, harass, bother, threaten or embarrass any individual. Systematic access to or any extraction of content from the Website or database(s), including the use of "bots", "spiders," or "scraping" technology within a browser or browser-like program is strictly prohibited and constitutes grounds for suspending or terminating your account in accordance with these Terms of Use.  We prohibit caching, unauthorized hypertext links to the Website and the framing of any content available through the Website. We reserve the right to disable any unauthorized links or frames. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the text, images and/or information received through the Website and its affiliated websites to anyone without our express prior written consent. You may not: (a) use or permit the use of data accessed via the Services to prepare a database or a comparison to other databases that are sold, rented, published, or furnished in any manner to a third party; or (b) use or permit the use of Services data for the purpose of verifying, enhancing, compiling, supplementing, adding to, deleting from or operating any telemarketing list, mailing list, direct mail service, business directory, or other compilation of information that is sold, rented, published, or furnished in any manner to a third party.


3. HealthPlanCorner is Not a Health Insurance Provider

 

This Site provides information based on information provided to us by health insurance providers. While HealthPlanCorner believes such information and advice to be reliable, we make no claims or representations about the accuracy, reliability, timeliness, usefulness or completeness of such information or advice. HealthPlanCorner is not a health insurance provider or a health insurance agent. Accordingly, HealthPlanCorner recommends that you get different opinions and seek the advice of a health insurance agent who is fully aware of your individual circumstances before making any final decisions or implementing any health insurance policy. You should not rely on any information or advice you obtain on this Site. Any reliance by you on any information or advice will be at your own risk.


4. This is Not an Application

 

Nothing on this Site constitutes an offer, promise or otherwise, either to provide a specific health insurance policy or that any participating provider will offer you a health insurance policy for any purpose or on any specific terms. If you contact a health insurance company listed on the Site and you submit a health insurance quote to such provider, your information remains between you and that health insurance provider. We shall not be responsible or liable for any products, services, information or other materials displayed, purchased, or obtained as a result of any information or offer in or results of any kind obtained in connection with this Site.


5. Children Under 18

 

Minors (i.e., those under 18 in most states) are not eligible to use our Website or our Services.


6Privacy

 

By using HealthPlanCorner.com, you are also agreeing to our Privacy Policy, which is incorporated into these Terms of Use.


7. Links

 

External links to other internet sites or resources may be provided by HealthPlanCorner or third parties. HealthPlanCorner has no control over such sites, resources or entities, and you acknowledge and agree that HealthPlanCorner is not responsible for the availability or content, advertising, products or any other material found on such external sites or resources. We do not endorse and are not responsible or liable for any content found on these websites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any third parties.


8. Termination

 

We may terminate or suspend access to this Website and our Services immediately, with or without notice to you, for any reason or no reason whatsoever, in our sole judgment, including any time we determine, in our sole judgment, you have violated any of the Terms of Use, furnished us with false or misleading information, or interfered with use of the Site or the Service by others. In addition to any other rights and remedies we may have under these Terms of Use, or at law or in equity, we have the right to: revoke your right to use our Site and use any technological, legal, operational or other means available to enforce our Terms of Use, including blocking specific IP addresses. Upon termination, your right to use our Website and Services will immediately cease. If you wish to terminate your account, you may simply discontinue using our Website and Services.


9. Disclaimer of Warranties

 

THE SITE AND ANY SERVICES, CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED TO YOU “AS AVAILABLE” AND "AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND EACH OF THE COMPANY ENTITIES DISCLAIMS ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS OF USE WITH RESPECT TO THE SITE AND ALL GOODS, SERVICES, CONTENT, INFORMATION AND MATERIALS (INCLUDING WITHOUT LIMITATION, THIRD PARTY GOODS, SERVICES, CONTENT, INFORMATION AND MATERIALS) MADE AVAILABLE THROUGH THE SITE, INCLUDING ANY REPRESENTATIONS OR WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. WE AND THE OTHER COMPANY ENTITIES MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF) IS OR WILL BE ACCURATE, TIMELY, CURRENT, COMPLETE OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE SITE.

 

HEALTHPLANCORNER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND in connection with the site, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, HEALTHPLANCORNER WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY HEALTHPLANCORNER OR BY ANY THIRD PARTY. THE MAXIMUM LIABILITY OF HEALTHPLANCORNER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE.

 

HealthPlanCorner.com does not guarantee and makes no representations as to the accuracy, quality, currentness, validity or authenticity of any rates or terms posted by health insurance providers. All information is subject to change without notice.

 

 10. Limitation of Liability

 

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCE SHALL WE BE LIABLE FOR MORE THAN THE AGGREGATE AMOUNT PAID BY YOU TO US WITHIN THE 12 MONTHS PRECEDING ANY CLAIM.


11Indemnification

 

By using our Site, you agree that you shall indemnify, defend and hold harmless HealthPlanCorner.com, its officers, directors, employees and agents, affiliates, and the entities that have contributed information to or provided services for our Website or Services (“Indemnified Parties”) against any and all direct or indirect losses, claims, demands, expenses (including attorneys' fees and cost) or liabilities of whatever nature or kind arising out of your use of our Website and/or Services, your use or distribution of any information obtained therefrom, your access to or use of the Site, your breach or violation of our Terms of Use, including any breach arising from violations of law and regulation, as well as claims of infringement, misappropriation or violation of the rights of any person or entity ("Claim") and you shall indemnify and hold the Indemnified Parties harmless from and against any and all losses, damages, costs and expenses, including attorneys’ fees, resulting from any such Claim. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses of the Indemnified Parties in connection therewith. We have the right, at any time, to assume the defense against any Claim and all negotiations for settlement and compromise and you agree to cooperate with us in any such defense. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed through the Site or related website(s).


12. ARBITRATION AND CLASS ACTION WAIVER

 

Any controversy or claim arising out of or related to the use of the Site or Service that cannot be resolved through such informal process or through negotiation within 120 days shall be settled by binding arbitration administered by the American Arbitration Association, and judgment on the award rendered may be entered in any court having jurisdiction thereof. The arbitration will be conducted in the city of HOUSTON, TX but may proceed telephonically (if the claimant so chooses).  IF YOU INITIATE AN ARBITRATION, HEALTHPLANCORNER WILL PROMPTLY REIMBURSE YOU FOR ANY STANDARD FILING FEE WHICH MAY HAVE BEEN REQUIRED UNDER PROCEDURES ONCE YOU HAVE NOTIFIED HEALTHPLANCORNER IN WRITING AND PROVIDED A COPY OF THE ARBITRATION PROCEEDINGS. 

 

BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.  In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury.  Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award.  The arbitration will be administered by the American Arbitration Association (“AAA”), and may be conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute.  You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. 

 

You agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. If for any reason this arbitration clause is unenforceable or inapplicable, both you and we agree, to the extent permissible by law, to waive any right to pursue any claims on a class action basis. If any portion of this class action waiver is limited, void, or unenforceable, then our agreement to arbitrate under this section will not apply and any controversy or claim must be brought exclusively in the state and federal courts in TEXAS.


13. Governing Law

 

Our Terms of Use and your use of our Site shall be construed, governed by and enforced under the substantive laws of the State of Texas applicable to contracts made, executed and wholly performed within the State of Texas. The Uniform Computer Information Transactions Act does not apply to our Terms of Use.  A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other documents and records originally generated and maintained in printed form.  Please contact HealthPlanCorner if you wish to receive a printed copy of this Agreement.  Any claim you might have against HealthPlanCorner must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.


14. Injunctive Relief

 

You acknowledge that any breach, threatened or actual, of our Terms of Use, including, without limitation, with respect to unauthorized use of HealthPlanCorner proprietary assets, will cause irreparable injury to HealthPlanCorner, such injury would not be quantifiable in monetary damages, and HealthPlanCorner would not have an adequate remedy at law. You therefore agree that HealthPlanCorner shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of our Terms of Use. Accordingly, you hereby waive any requirement that HealthPlanCorner post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to HealthPlanCorner to enforce any provision of our Terms of Use.


15. Modification of These Terms of Use

 

We reserve the right, at any time, to add to, delete or modify our Terms of Use, as well as all or any part of our Site in our sole discretion. We will notify you of changes to our Terms of Use by posting the new Terms of Use on this website, or by sending you a notice via e-mail. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. The date at the top of the Site indicates when these Terms of User were last updated. You agree to review these Terms of Use and other online policies posted on our Site periodically to be aware of any revisions.


16. Miscellaneous Terms

 

No agency, partnership, joint venture, or employment is created as a result of these Terms of Use, and you do not have any authority of any kind to bind us in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use are not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate these Terms of Use and our rights and obligations without your consent. The Terms of Use constitute the entire agreement you have with us regarding the subject matter and supersedes any and all prior and/or inconsistent understandings. Our Terms of Use cannot be modified except as set described herein or in a written amendment signed by an authorized representative of ours.


17. Intellectual Property

 

HealthPlanCorner.com, and the Website’s entire contents, features and functionality, including, but not limited to all information, text, displays, photographs, graphics, video and audio, and the design, selection and arrangement thereof (“Content”) are owned by, licensed by, or provided to HealthPlanCorner. The Site is protected by copyright, trademark, trade secret, and other intellectual property or proprietary rights laws, and thus, we own and retain all rights in the HealthPlanCorner Content and the Service. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion to consumers or other users or recipients or the trademark.


18.  Notice and Procedure for Making Claims of Copyright Infringement

 

If you believe that your copyrighted work has been used or displayed on our website in a way that constitutes copyright infringement, please report the alleged infringements by completing the following steps and by notifying HealthPlanCorner’s Designated Agent, as listed below. Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement should be sent ONLY to our Designated Agent.

 

The Notification of Claimed Infringement must include the following:

(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;

(2) Identification of the copyrighted work (or works) that you claim has been infringed;

(3) A description and identification of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);

(4) A clear description of where the infringing material is located on our Website, including as applicable its URL, so that we can locate the material;

(5) Your contact information, including your name, address, telephone number, and e-mail address;

(6) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(7) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:

 

Health Plan Corner

21175 Tomball Parkway Suite 288

Houston, TX 77070

 

CONTACT US

 

If you have any questions about these Terms of Use, please email us at admin@healthplancorner.com or write to us at


Health Plan Corner

21175 Tomball Parkway Suite 288

Houston, TX 77070