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HealthPlanUSA Service Policy

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!

HealthPlanUSA may revise and update these Terms and Conditions at any time. Your continued usage of the HealthPlanUSA website (or the "Site,") will mean you accept those changes.

THE SITE DOES NOT PROVIDE MEDICAL ADVICE. However, the Site may contain health-or medical-related materials that are medically graphic which some may feel are sexually explicit. If you find these materials offensive, you may not want to use our Site and you should not let your children age 13 or younger use this site.

Questions regarding our service policy should be directed to HealthPlanUSA administrator.

1. ACCEPTANCE OF TERMS: HealthPlanUSA (the "Service") serves as a platform for medical and related professionals to obtain information and network. Use of this Service is subject to the following terms and conditions and any rules, guidelines or policies (collectively, "Terms of Service") that may be published from time to time by HealthPlanUSA.net. and/or its subsidiaries, parent, affiliates, officers, directors, employees, agents, etc. (collectively, "HealthPlanUSA"). We may update any or all of the Terms of Service from time to time without notice.

2. USER REGISTRATION, PASSWORD AND SECURITY: As a condition of using the Service, you agree to: (a) provide true, accurate, current and complete information about yourself (the "Registration Data") as prompted by the forms; (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or HealthPlanUSA has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, HealthPlanUSA has the right to suspend or terminate your account and/or any group created under your account, and refuse any and all current or future use of the Service. You will receive a password upon completing the Registration Form. You are responsible for maintaining the confidentiality of that password. You agree to notify HealthPlanUSA immediately of any unauthorized use of your password or account. If you have been registered, you will not hold HealthPlanUSA liable for any damages that may or may not have incurred.

3. MEMBER PRIVACY: Registration Data and certain other information you provide to or through the Service is subject to our Privacy Policy. For more information, please see our Privacy Policy. HealthPlanUSA is concerned about the safety and privacy of all of its users.

4. TERMINATION: You agree that HealthPlanUSA, in its sole discretion, may terminate your, password, account or use of the Service, for any reason, including without limitation, for lack of use or if HealthPlanUSA believes that you or any member of your group have violated or acted inconsistently with the letter or spirit of the Terms of Service. HealthPlanUSA may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that HealthPlanUSA shall not be liable to you or any third party for any termination of access to the Service.

5. NO RESALE OF SERVICE: You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, the Service, use of the Service or access to the Service.

6. INDEMNIFICATION: You agree to indemnify, defend and hold harmless HealthPlanUSA from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney's fees) asserted by any third party due to or arising from or in connection with: (a) your use of the Service; (b) your connection to the Service; (c) your violation of the Terms of Service, or (d) your violation of the rights of another. HealthPlanUSA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

7. MODIFICATIONS TO SERVICE: HealthPlanUSA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that HealthPlanUSA shall not be liable to you or any third party for any modification to or discontinuance of the Service.

8. HealthPlanUSA’s PROPRIETARY RIGHTS: You acknowledge and agree that Content including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design or other material contained in the Service or information presented through the Service by HealthPlanUSA or HealthPlanUSA’s advertisers is protected by their copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that HealthPlanUSA can display images and text throughout the Service including the insertion of sponsor messages into messages distributed on HealthPlanUSA mailing lists. Content received through the Service may be displayed, reformatted, and printed by you for your personal, non-commercial use only. You agree not to modify, copy, reproduce, republish, upload, post, transmit, sell or distribute in any way Content available through the Service including code and software.

9. EXTERNAL LINKS: The Service may provide, or third parties may provide, links to other World Wide Web sites and resources. You acknowledge and agree that HealthPlanUSA is not responsible for the availability of these outside resources, and does not endorse and is not responsible for any Content, advertising, products or other material on or available from such sites or resources. You further acknowledge and agree that HealthPlanUSA shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by use of or reliance on any such Content, goods or services available on or through any such sites or resources.

10. DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Service including payment and delivery of related goods or services, and other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that HealthPlanUSA.net shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

11. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HealthPlanUSA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. HealthPlanUSA MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED OR (E) THIS SERVICE OR THE CONTENT RETRIEVED THROUGH IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HealthPlanUSA MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES OR THE DELIVERY OF ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM MAILING LISTS OR ADVERTISED THROUGH ITS SPONSORS OR MAILING LISTS, OR REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH SUCH LISTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HealthPlanUSA OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL HealthPlanUSA BE LIABLE FOR ANY DIRECT, INDIRECT INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HealthPlanUSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (A) THE USE OR THE INABILITY TO USE THE SERVICE FOR ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (C) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS, CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (F) VIOLATION OF OR FAILURE OF THE PRIVACY POLICY OF HealthPlanUSA; OR (G) ANY OTHER MATTER RELATING TO THE SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT HealthPlanUSA IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS INCLUDING INTELLECTUAL PROPERTY AND PUBLICITY RIGHTS. IF YOU ARE DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE, OR WITH ANY OF THE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

12. NOTICE Notices may be provided to you by email or regular mail. The Service may also provide indirect notice of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Service.

13. TRADEMARKS HealthPlanUSA and the HealthPlanUSA logo are trademarks of HealthPlanUSA. You agree that you will not, without prior written permission, display or use in any manner these trademarks.

14. MISCELLANEOUS The Terms of Service constitute the entire agreement between you and HealthPlanUSA and govern your use of the Service, superceding any prior agreements between you and HealthPlanUSA. You may also be subject to additional terms and conditions that may apply to your group (or as defined by your Moderator)and when you use affiliate services or Content. The Terms of Service and the relationship between you and HealthPlanUSA shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law provisions. You and HealthPlanUSA agree to submit to the personal and exclusive jurisdiction of the courts located in the county of Sacramento, California. The failure of HealthPlanUSA to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, then such provision(s) shall be construed, as nearly as possible, to reflect the parties' intentions, and the other provisions of the Terms of Service shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or to the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect or significance.

15. LANGUAGE It is the express wish of the parties that the Terms of Service and all related documents have been drawn up in English.

16. VIOLATIONS Please report any violations of the Terms of Service to HealthPlanUSA Administrator

I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AND AGREE TO BE BOUND BY ALL OF ITS TERMS.

 
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